Datasets:

openlegalai

/

poil-paper-samples

like 0

Follow

Open Legal AI 2

23a6ba0b-b37a-585c-9f4d-5ea9465fef09

court_cases

Allahabad High CourtCommissioner Of Customs, Lucknow ... vs Sri Rajesh Jhamatmal Bhat And ... on 5 May, 2023Bench: Devendra Kumar Upadhyaya, Subhash VidyarthiHIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH\n \n \n\nHigh Court of Judicature at Allahabad\n \nSitting at Lucknow\n \n************************\n \nRESERVED\n \n Judgment Reserved on : 07.04.2023\n \n Judgment Pronounced on: 05.05.2023\n \nCourt No. - 1\n \nCase :- CIVIL MISC REVIEW APPLICATION No. - 156 of 2022\n \nApplicant :- Commissioner Of Customs, Lucknow (In Cusa 7 Of 2019 )\n \nOpposite Party :- Sri Rajesh Jhamatmal Bhat And Another\n \nCounsel for Applicant :- Dipak Seth\n \nCounsel for Opposite Party :- Sanjay Kumar\n \nHon'ble Devendra Kumar Upadhyaya, J.Hon'ble Subhash Vidyarthi, J.Per: Hon'ble Subhash Vidyarthi J.1. Heard Sri Deepak Seth Advocate, the learned Counsel for the petitioner-Commissioner of Customs and Sri Yogesh Kumar S. Gorle Advocate, the learned Counsel for the respondents.2. The instant application has been filed seeking review of the judgment and order dated 06.07.2022 passed by this Court in Customs Appeal No. 7 of 2019.3. The aforesaid customs appeal was filed against the judgment and order dated 13.02.2019 passed by the Customs, Excise & Service Tax Appellate Tribunal, Allahabad, dismissing Customs Appeal No. C/71388-71389/2018, which were filed by the Commissioner of Customs, Lucknow against an order dated 27.08.2018 passed by the Commissioner (Appeals), Customs, GST and Central Excise, Lucknow whereby the respondents were given an option to redeem the confiscated gold on payment of redemption fine. The appeal was admitted by an order dated 21.04.2019 on the following substantial questions of law:-"A. Whether the Customs Excise & Service Tax Appellate Tribunal, Allahabad is correct in upholding the order dated 27.08.2018 passed by the Commissioner (Appeals) without addressing itself in its final order the findings recorded by the Adjudicating Authority relating to absolute confiscation of smuggled gold and foreign currency?B. Whether the Customs Excise & Service Tax Appellate Tribunal, Allahabad is correct in allowing to release the smuggled gold on redemption of fine and also by reducing the redemption fine?"4. During hearing, the learned counsel for the appellant did not press substantial question No. B and he had confined his submissions to question No. A only.5. The aforesaid question No. A has been answered in the judgment sought to be reviewed by stating that "nothing has been placed before this Court to establish that this finding of the Commissioner (Appeals) is wrong or erroneous and that gold falls within the category of ''prohibited goods'. Therefore, we proceed to decide the appeal on the factual premise that Gold does not fall within the category of ''prohibited goods." In this factual backdrop, this Court concluded that the Adjudicating Authority had passed an order for confiscation of gold without taking into consideration the fact that gold is not a prohibited item and, therefore, it should be offered for redemption in terms ofSection 125of the Customs Act (which will hereinafter be referred to as ''the Act') and thus the Customs, Excise and Services Tax Appellate Tribunal, Allahabad has not committed any error in upholding the order dated 27.08.2018 passed by the Commissioner (Appeals) holding that the gold is not a prohibited item and, therefore, it should be offered for redemption in terms ofSection 125of the Act.6. The aforesaid judgment is sought to be reviewed on the ground that the judgment suffers from mistakes / errors apparent on the face of the record in as much as:-(a) NeitherSection 2(33) of the Act has been considered nor the judgment of the Hon'ble Supreme Court in case ofOm Prakash Bhatia v. Commissioner of Customs, 2003 (155) ELT 423 (SC) has been considered;(b) The case laws submitted by the appellant have not been considered; and(c) The question of law no. (A) as formulated, has not been decided as no finding has been recorded as to whether the Tribunal was correct in upholding the order passed by the Commissioner Appeals without addressing the findings recorded by the adjudicating authority relating to absolute confiscation of smuggled gold.7. Sri Seth has relied upon a decision of CESTAT, West Zonal Bench, Mumbai in Shanti Lal Jain v. Commissioner of Customs, Mumbai, 2006 (204) E.L.T. 300 (Tri.-Mumbai) in which the CESTAT held that ''since import of gold is now allowed subject to conditions and restrictions, in view of the cited decision of the Hon'ble Supreme Court, the impugned gold is to be treated as prohibited goods and the order of absolute confiscation passed by the lower appellate authority, is to be held as legal and proper. He has relied upon a decision of the Hon'ble Supreme Court in the case ofSheikh Mohd. Omer v. Collector of Customs, Calcutta and others, 1983 (13) E.L.T. 1439 (S.C.), wherein the Hon'ble Supreme Court held that ''What clause (d) ofSection 111says is that any goods which are imported or attempted to be imported contrary to "any prohibition imposed by any law for the time being in force in this country" is liable to be confiscated. "Any prohibition" referred to in that section applies to every type of "prohibition". That prohibition may be complete or partial.'8. The next decision placed by Sri Deepak Seth before this Court isOm Prakash Bhatia v. Commissioner of Customs, Delhi, 2003 (155) E.L.T. 423 (S.C.) in which the Hon'ble Supreme Court held as under:-"8. Further, Section 2 (33) of the Act defines "prohibited goods" as under:--"prohibited goods" means any goods the import or export of which is subject to any prohibition under this Act or any other law for the time being in force but does not include any such goods in respect of which the conditions subject to which the goods are permitted to be imported or exported have been complied with."9. From the aforesaid definition, it can be stated that (a) if there is any prohibition of import or export of goods under the Act or any other law for the time being in force, it would be considered to be prohibited goods; and (b) this would not include any such goods in respect of which the conditions, subject to which the goods are imported or exported, have been complied with. This would mean that if the conditions prescribed for import or export of goods are not complied with, it would be considered to be prohibited goods. This would also be clear from Section 11 which empowers the Central Government to prohibit either ''absolutely' or ''subject to such conditions' to be fulfilled before or after clearance, as may be specified in the notification, the import or export of the goods of any specified description. The notification can be issued for the purposes specified in sub-section (2). Hence, prohibition of importation or exportation could be subject to certain prescribed conditions to be fulfilled before or after clearance of goods. If conditions are not fulfilled, it may amount to prohibited goods. This is also made clear by this Court inSheikh Mohd. Omer v. Collector of Customs, Calcutta and Others[(1970) 2 SCC 728] wherein it was contended that the expression ''prohibition' used in section 111 (d) must be considered as a total prohibition and that the expression does not bring within its fold the restrictions imposed by clause (3) of the Import Control Order, 1955. The Court negatived the said contention and held thus:--"... What clause (d) of Section 111 says is that any goods which are imported or attempted to be imported contrary to "any prohibition imposed by any law for the time being in force in this country" is liable to be confiscated. "Any prohibition" referred to in that section applies to every type of "prohibition". That prohibition may be complete or partial. Any restriction on import or export is to an extent a prohibition. The expression "any prohibition" in section 111 (d) of theCustoms Act, 1962 includes restrictions. Merely because Section 3 of the Imports and Exports (Control) Act, 1947, uses three different expressions "prohibiting", "restricting" or "otherwise controlling", we cannot cut down the amplitude of the word "any prohibition" inSection 111(d)of the Act. "Any prohibition" means every prohibition. In other words all types of prohibitions. Restriction is one type of prohibition. From item (I) of Schedule I, Part IV to Import Control Order, 1955, it is clear that import of living animals of all sorts is prohibited. But certain exceptions are provided for. But nonetheless the prohibition continues."9. Sri Seth has submitted that the case law relied upon by the adjudicating authority has not been dealt with by any higher authority, including by this Court. He has submitted that the Adjudicating Authority has recorded in his order dated 30.12.2015 that the officers of the GRP Mugalsarai had handed over to officers of DRI Varanasi the respondents along with impugned gold bars and Thai currency. In their statements, the respondents had admitted having brought the said impugned gold and Thai currency into India illegally without declaring the same at Gaya International Airport. The impugned goods were seized on the basis of a reasonable belief that the same were illegally brought into India in contravention of the provisions pertaining to its import and the same were liable to be confiscated underSection 111of the Customs Act, 1962. The Adjudicating Authority held that the respondents had brought the impugned gold and Thai currency from a foreign country to India in contravention of the provisions ofSection 77of the Customs Act, 1962 and the notification dated 17.03.2012, as amended by the Notification dated 18.04.2012, and the said articles are liable for confiscation underSection 111of the Act.10. The Adjudicating Authority further held that as perSection 123of the Act, the burden to prove that the imported gold was not smuggled, was on the carrier of the gold, from whose possession the goods were seized. As perSection 2(39) of the Act, "smuggling in relation to any goods, means any act or omission which will render such goods liable to confiscation underSection 111orSection 113". On the basis of the aforesaid reasoning, the Adjudicating Authority held that the seized gold and Thai currency were liable to be confiscated underSection 111of the Act.11. Sri Seth has submitted that non-declaration of the goods itself makes the goods ''prohibited' and it would fall within the definition of prohibited goods underSection 2(33) of the Act. The appellate authority has passed the order for release of the gold after payment of redemption fine, without referring to the judgment that was relied upon by the adjudicating authority and this Court has also not answered the question, as it was framed and, therefore, order passed by this Court ignoring the provision ofSection 2(33) of the Act and the judgment in the case of Om Prakash Bhatia (Supra) suffers from errors apparent on the face of the record.12. Sri. Yogesh S. Gorle, the learned Counsel for the respondents, has submitted that and nothing was placed before this Court to establish that this finding of the Commissioner (Appeals) was wrong or erroneous and that gold falls within the category of prohibited goods and, therefore, this Court had proceeded to decide the appeal on the factual premise that gold does not fall within the category of ''prohibited goods'. As the Commissioner (Appeals) has held that the gold is not a prohibited item, it should be offered for redemption in terms ofSection 125of the Act and this finding was not assailed by the appellants before this Court.13. Sri Gorle has submitted that in absence of the aforesaid finding of the Commissioner (Appeals), which had been upheld by the Tribunal, having not been challenged by the appellants before this Court, the decision of this Court passed on the undisputed factual premise that gold does not fall within the category of ''prohibited goods', cannot be suffering from any error, much less from an error which is apparent from the fact of the record.14. Sri Gorle has further submitted thatSection 129B (2) of the Act provides that "The Appellate Tribunal may, at any time within six months from the date of the order, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1) and shall make such amendments if the mistake is brought to its notice by the Commissioner or the other party to the appeal". If the department was of the view that the aforesaid finding of the Tribunal was erroneous, it could have approached the Tribunal for review of the judgment under the aforesaid provision, which the department chose not to do and it chose not to assail the aforesaid finding even the appeal filed before this Court. In these circumstances, the orders passed by this Court cannot be termed as an order suffering from an error apparent on the face of record.15. We have considered the submissions made by the learned Counsel for the parties.16. In the present case, the Commissioner (Appeals) has held that the gold is not a prohibited item, it should be offered for redemption in terms ofSection 125of the Act. The Tribunal has recorded that the respondents had brought impugned Gold from Bangkok to Gaya International Airport without declaring the same to Customs Authorities and there was nothing to explain as to how the Customs authorities posted at Gaya International Airport could not detect such huge quantity of gold being removed from Gaya International Airport by passengers on their arrival and there was no explanation as to how the respondents procured gold before they were intercepted at Mughalsarai Railway Station and the Tribunal has dismissed the Appeals for the aforesaid reason and has affirmed the order passed by the Commissioner (Appeals) holding that the import of gold was not prohibited under the Foreign Trade Policy or any other law and, therefore, there is no sufficient ground for absolute confiscation of the gold.17. Nothing was placed before this Court to challenge the finding of the Commissioner (Appeals), which was upheld by the Tribunal, that Gold is not a prohibited item, and nothing was placed before this Court to establish that this finding of the Commissioner (Appeals) was wrong or erroneous.18. Even if the goods in question had been brought into India without following the conditions prescribed therefore and those fall within the category of prohibited condition,Section 125of the Act provides that the Adjudicating Officer may give to the owner of such goods an option to pay fine in lieu of confiscation.Section 128A of the Act confers powers on the Commissioner (Appeals) to pass such order, as he thinks just and proper, confirming, modifying or annulling the decision or order appealed against. In the present case, the Commissioner (Appeals) has modified the order of absolute confiscation by imposing penalty in lieu thereof, which was well within his power as perSection 128A. The Tribunal has affirmed the order of the Commissioner (Appeals). This Court dismissed the further Appeal filed by the Department, finding no illegality in the judgment passed by the Tribunal.19. In view of the aforesaid discussion, we are of the view that the order passed by this Court refusing to interfere with the aforesaid order passed by the Tribunal does not suffer from any error, much less from an error apparent on the face of the record.20. The review application lacks merits and, accordingly, the same is dismissed.[Subhash Vidyarthi, J.] [Devendra Kumar Upadhyaya, J.] \n \n\n \nOrder Date :- 5th May, 2023.Pradeep/-

023282d0-2475-57c2-a0fa-6dd31e1fed2f

court_cases

Manipur High CourtUnion Of India & Anr vs Thoudam (O) Anita Devi & 4 Ors on 4 February, 2021Author:Ramalingam SudhakarBench:Ramalingam SudhakarMAYAN Digitally\n by\n signed\n\nGLAMBA MAYANGLAMB\n AM CHANU\n Item No. 8\n (Through Video Conferencing)\nM NANDINI\n Date:\nCHANU 2021.02.05 IN THE HIGH COURT OF MANIPUR\n 14:25:47 AT IMPHAL\nNANDINI +05'30'\n MC(MAC APP) No. 1 of 2020\n\n Union of India & Anr.\n ....Applicants\n - Versus -\n\n Thoudam (O) Anita Devi & 4 Ors.\n ...RespondentsBEFORE\n HON'BLE THE CHIEF JUSTICE MR. RAMALINGAM SUDHAKAR\n\n 04.02.2021\n\n Mr. S. Samarjeet, learned CGC appears for the applicants.\n\n None appears for the respondents.\n\n List the matter on 08.03.2021.CHIEF JUSTICE\n\n bipin\n\n\n\n\n Page 1

09d6eaea-bb70-57dc-a30a-cbc8d99e49b3

court_cases

Allahabad High CourtAjay Kumar Balmiki vs State Of Up Thru. Prin. Secy. Urban ... on 17 July, 2023Bench: Abdul MoinHIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH\n \n \n\n\n?Neutral Citation No. - 2023:AHC-LKO:46437\n \nCourt No. - 7\n \n\n \nCase :- WRIT - A No. - 7878 of 2022\n \n\n \nPetitioner :- Ajay Kumar Balmiki\n \nRespondent :- State Of Up Thru. Prin. Secy. Urban Development Dept. Up Civil Sectt. Lko. And 2 Others\n \nCounsel for Petitioner :- Daya Shankar Yadav\n \nCounsel for Respondent :- C.S.C.,Anil Kumar Tripathi,Satish Chandra Kashish\n \n\n \nHon'ble Abdul Moin,J.1. Heard learned counsel for the petitioner, Sri Rahul Shukla, learned Additional Chief Standing Counsel appearing for respondent no.1 and Sri Anil Kumar Tripathi, learned counsel for respondents no.2 and 3.2. The case had been heard at length on 10.07.2023 wherein the facts of the case and issue before this Court had been summed up. For the sake of convenience, order dated 10.07.2023 is reproduced below:-"Heard learned counsel for the petitioner, Shri Rahul Shukla, learned Additional Chief Standing Counsel for State-respondent as well as Shri Anil Kumar Tripathi, learned counsel appearing on behalf of respondent nos.2 & 3.This case had been heard at length on 07.07.2023 and the following order was passed:-"Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the State-respondents and Sri Anil Kumar Tripathi, Advocate who files his Vakalatnama today in Court on behalf of respondents no. 2 & 3.Sri Tripathi, Advocate states that he does not intend to file counter affidavit and prays that the matter may be heard and decided finally without filing the counter affidavit.The aforesaid statement is recorded.Under challenge is the order dated 12.09.2022, a copy of which is annexure 1 to the writ petition whereby the claim of the petitioner for compassionate appointment has been rejected on the ground that his father Sri Arjun Prasad Balmiki is working with the Nagar Palika Parishad, Gonda as Safai Nayak.The contention of learned counsel for the petitioner is that his mother was a regular/confirmed employee of the respondent no. 3 who was working as Safai Karmi and she died on 25.07.2020 on account of Covid-19 pandemic. The petitioner staked his claim for the appointment on compassionate grounds which claim has been rejected by means of the impugned order dated 12.09.2022.Rule 5 of the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as "Rules, 1974") categorically provides that in case a Government servant dies in harness after the commencement of these rules and the spouse of the deceased Government servant is not already employed under the State Government or a Corporation, one member of the family who is not already employed shall be given suitable appointment.The respondents have already considered that as the father of the petitioner is employed in the Nagar Palika Parishad consequently, there would not be any occasion for appointment of the petitioner.Sri Anil Kumar Tripathi, learned counsel appearing on behalf of the Nagar Palika Parishad has placed much reliance on Rule 5 of the Rules, 1974 to contend that once the father of the petitioner is already employed consequently, there cannot be any occasion for appointment of the petitioner.However, learned counsel for the petitioner has drawn attention towards the order dated 11.06.2021 along with the subsequent order dated 02.11.2021 which has been issued by the Director, Local Bodies, Lucknow, copies of which have been filed as annexures 10 & 11 to the writ petition to argue that orders have been issued that where an employee has died on account of Covid-19 pandemic then the dependents would be entitled for compassionate appointment.It goes without saying that the aforesaid orders are to be read in consonance with rules meaning thereby that the aforesaid orders would have to be read along with Rules, 1974 which categorically provides that in case any of the spouse of the deceased employee is working then the dependent would not be entitled for compassionate appointment. Thus, the aforesaid orders would have no effect and would obviously not surpass or supersede the Rules 1974.However, learned counsel for the petitioner prays for some time to study the matter. As such, on his request, list this case on 10.07.2023 At 0215 PM for further hearing showing the name of Sri Anil Kumar Tripathi, Advocate from the side of respondent."Today learned counsel for petitioner has argued that the order dated 11.06.2021 appears to have been clearly issued by the Deputy Secretary of the Local Bodies, Lucknow being fully conscious of the Rules 1974 yet considering that a peculiar and unprecedented situation was prevailing at that point of time pertaining to Covid-19 and the employees of the local bodies were put to work despite there being a lock down in the entire country and few of these employees died during discharge of their duties. As such, it was provided that irrespective of anything contained in the 1974 Rules and the bar as contained under Rule 5 where an employees dies during service, one of his legal heirs will be given compassionate appointment. He argues that the order being a beneficial piece was issued for the benefit of the legal heirs of the deceased employee and could be read despite existence of the bar contained in 1974 Rules.Before proceeding further with the case, it would be expedient to have written instructions from the respondent no.1 as to whether with the issuance of the order dated 11.06.2021, a copy of which is annexure no.10 to the writ petition, and also with the issue of order dated 09.06.2021, the intent of 1974 Rules were considered i.e. not giving the compassionate appointment in those cases where one spouse is already working or the intent from the order dated 11.06.2021 was to provide compassionate appointment in all circumstances where an employee died during Covid-19.For this purpose, the learned Additional Chief Standing Counsel is required to get written instructions from the respondent no.1 within 3 days.List this case on Monday, i.e., on 17.07.2023 at 02.15 P.M. for further hearing."3. Today Sri Rahul Shukla, learned Additional Chief Standing Counsel, states that he has received written instructions from respondent no.1 per which in paragraph 6 it has been indicated that the order dated 11.06.2021 itself provides that the appointment on compassionate ground be made as per the rules. He contends that it is thus obvious that the rules governing grant of compassionate appointment are Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. As per the said instructions, it has been categorically stated that the Rules, 1974 have neither been relaxed nor superseded and consequently it is the Rules, 1974 which still continue to hold good.4. The said statement of Sri Rahul Shukla, learned Additional Chief Standing Counsel, on the basis of written instructions dated 16.07.2023 is recorded.5. From perusal of the detailed order dated 10.07.2023 as well as the statement of Sri Shukla on the basis of written instructions it emerges that although the mother of the petitioner died during COVID-19 yet as the father of the petitioner was employed in Nagar Palika Parishad consequently keeping in view the bar contained in Rule 5 of the Rules, 1974 the petitioner would not be entitled for compassionate appointment.6. Keeping in view the aforesaid discussion, no case for interference is made out. Accordingly, the writ petition is dismissed.Order Date :- 17.7.2023\n \nA. Katiyar

561ae764-986c-56ed-8b1d-3cf467921f95

court_cases

Jammu & Kashmir High CourtM/S Choudhary Stone Crusher vs Union Territory Of J&K And Others on 5 May, 2021Author:Sanjeev KumarBench:Sanjeev KumarS. No. 151\n\n IN THE HIGH COURT OF JAMMU AND KASHMIR\n AT JAMMU\n (Through virtual mode)\n\n WP(C) No.936/2021\n CM Nos.3909 & 3910/2021\n\nM/s Choudhary Stone Crusher .... Petitioner(s)\n Through: Mr. Parag Sharma, Advocate\n Versus\nUnion Territory of J&K and others ......Respondent(s)\n\n Through: Mr. F.A.Natnoo, AAG\n\nCORAM: Hon'ble Mr. Justice Sanjeev Kumar, Judge\n\n ORDERCM No.3910/2021This is an application filed by the petitioner seeking extension of time\nto deposit the court fee etc.\n The application, for the reasons stated therein, is allowed. Let\ndeficiencies be made good within one week after the restrictions imposed\ndue to COVID 19 are withdrawn.WP(C) No.936/2021In this petition, the petitioner has called in question order dated\n27.04.2021 passed by District Mineral Officer, Geology and Mining\nDepartment, Jammu, whereby a fresh penalty of Rs.7,47,520/- has been\nimposed.The impugned order has been assailed primarily on the ground that for\nthe same offence, the petitioner cannot be imposed penalty twice. It is\nsubmitted that with regard to the same omission/offence, a penalty of\nRs.21,56,000/- has already been imposed by the respondents, which is\nsubject matter of appeal before the Appellate Authority.It is urged by Mr. Sharma, learned counsel for the petitioner, that\nassuming, though not admitting, that respondents were entitled in law to\nissue the order of fresh penalty on the basis of actual consumption of\nelectricity in the petitioner-Unit, yet no such order could have been passed2 WP(C) No.936/2021without affording an opportunity of being heard to the petitioner. The\npetitioner claims that he has been condemned unheard and the impugned\norder is violative ofArticle 14of the Constitution.Mr. F.A.Natnoo, appearing for the respondents, however, contradicts\nthis position and submits that the fresh penalty has been imposed on the\nbasis of fresh material. Mr. Ankur Sachdeva, District Mineral Officer,\nJammu, who was present along with Mr. Natnoo, was also heard in the\nmatter. He submits that the earlier penalty was imposed on the basis of the\nreport submitted by the committee constituted by the Divisional\nCommissioner, Jammu and the fresh penalty has been imposed on the basis\nof actual consumption of electricity by the petitioner- unit even during the\nperiod when the unit was sealed.Having heard learned counsel for the parties and perused the record, I\nam of the view that before imposing the fresh penalty, no show cause notice\nwas ever served upon the petitioner and prima facie the impugned order\nappears to have been issued in complete violation of the principles of natural\njustice.In view of the aforesaid, issue notice to the respondents in the main\npetition as well as CM seeking interim relief.Mr. F.A.Natnoo, AAG waives notice on behalf of the respondents. He\nseeks and is granted two weeks time to file objections.List on 25.05.2021.In the meanwhile, subject to objections and till next date of hearing,\nimpugned order dated 27.04.2021 shall remain stayed.(Sanjeev Kumar)\n Judge\n\nJAMMU\n05.05.2021\nVinod

7538adc8-e238-50d4-a4c5-5dfe911ac1e5

court_cases

Supreme Court - Daily OrdersThe State Of Maharashtra vs Deepti Anil Devasthali on 1 February, 20221\n\n ITEM NO.103 Court 13 (Video Conferencing) SECTION II-A\n\n S U P R E M E C O U R T O F I N D I A\n RECORD OF PROCEEDINGS\n\n Criminal Appeal No. 1958/2011\n\n\n THE STATE OF MAHARASHTRA Appellant\n\n VERSUS\n\n DEEPTI ANIL DEVASTHALI & ANR. Respondent(s)\n\n\n WITH\n\n Crl.A. No. 1959-1960/2011 (II-A)\n (FOR STAY APPLICATION ON IA 4141/2010)\n\n Diary No(s). 34441/2018 (II-A)\n\n (FOR CONDONATION OF DELAY IN FILING ON IA 148689/2018, FOR\n EXEMPTION FROM FILING O.T. ON IA 148692/2018 , FOR APPLICATION FOR\n PERMISSION ON IA 12092/2020 & FOR PERMISSION TO FILE STATEMENT OF\n WITNESSES ON IA 45900/2020 & IA 115542/2021)\n\n Date : 01-02-2022 These matters were called on for hearing today.\n\n CORAM :\n HON'BLE MR. JUSTICE AJAY RASTOGI\n HON'BLE MR. JUSTICE ABHAY S. OKA\n\n For Appellant(s) Mr. A. Sirajudeen, Sr. Adv.\n Ms. Manjeet Chawla, AOR\n Mr. Yashvardhan S. Soam, Adv.\n\n Mr. Arun R. Pedneker, Adv.\n Mr. Rahul Chitnis, Adv.\n Mr. Sachin Patil, AOR\n Mr. Aaditya A. Pade, Adv.\n Mr. Geo Joseph, Adv.\n Ms. Shwetal Shepal, Adv.\n\n Ms. Neela Gokhale, Adv.\n Ms. Kamakshi S. Mehlwal, AOR\nSignature Not Verified\n\n\n For Respondent(s) Ms. Manjeet Chawla, AOR\nDigitally signed by\nAnita Malhotra\nDate: 2022.02.01\n18:28:36 IST\nReason:\n\n\n Mr. Sachin Patil, AOR\n 2\n\n UPON hearing the counsel the Court made the following\n O R D E RDelay condoned in D.No.34441/2018.Application for discharge of advocate is dismissed.\n\n Let the name of Ms. Manjeet Chawla, Advocate on record be\n\nshown in the cause list.By order dated 24.11.2021, this Court directed the Registry to\n\nprovide video link to the accused respondent(s) through Jail\n\nauthorities permitting them to participate in hearing of the\n\nmatters. It appears that the video link was not provided to them to\n\nparticipate in today’s proceedings.Let the office may provide the video link to the accused\n\nrespondents in compliance of earlier order dated 24.11.2021 for\n\nappearing in the matter through video conferencing.\n\n Since the respondents are appearing in person and looking to\n\nthe nature of controversy involved in the matters, we consider it\n\nappropriate to request Mr. A. Sirajudeen, learned senior advocate\n\nto appear as an Amicus Curiae and assist the Court.List on 22.02.2022 at 2.00 p.m.\n\n\n\n\n(NIRMALA NEGI) (RANJANA SHAILEY)\nCOURT MASTER (SH) COURT MASTER (NSH)

cc95a68e-3375-595c-af1f-a68e856cb566

court_cases

Gauhati High CourtPage No.# 1/3 vs The State Of Assam And 6 Ors on 9 April, 2021Page No.# 1/3\n\nGAHC010065742021\n\n\n\n\n THE GAUHATI HIGH COURT\n (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)\n\n Case No. : WP(C)/2557/2021\n\n REJINA KHATUN AND 4 ORS\n W/O- LT. RAFIKUL ISLAM @ RAFIKUL ALI, PERMANENT R/O- GAURIPUR\n WRD NO. 4 (JALAL HAJI ROAD), P.O. AND P.S. GAURIPUR, DIST.- DHUBRI\n (ASSAM), PIN- 783331\n\n 2: RIYAJUL ALI\n S/O- LT. RAFIKUL ISLAM @ RAFIKUL ALI\n BEING MINOR REP. BY HIS MOTHER REJINA KHATUN\n PETITIONER NO. 1\n PERMANENT R/O- GAURIPUR WARD NO. 4 (JALAL HAJI ROAD)\n P.O. AND P.S. GAURIPUR\n DIST.- DHUBRI (ASSAM)\n PIN- 783331\n\n 3: ROKIYA KHATUN\n D/O- LT. RAFIKUL ISLAM @ RAFIKUL ALI\n BEING MINOR REP. BY HER MOTHER REJINA KHATUN\n PETITIONER NO. 1\n PERMANENT R/O- GAURIPUR WARD NO. 4 (JALAL HAJI ROAD)\n P.O. AND P.S. GAURIPUR\n DIST.- DHUBRI (ASSAM)\n PIN- 783331\n\n 4: RIJU ALI\n S/O- LT. RAFIKUL ISLAM @ RAFIKUL ALI\n BEING MINOR REP. BY HIS MOTHER REJINA KHATUN\n PETITIONER NO. 1\n PERMANENT R/O- GAURIPUR WARD NO. 4 (JALAL HAJI ROAD)\n P.O. AND P.S. GAURIPUR\n DIST.- DHUBRI (ASSAM)\n PIN- 783331\n\n 5: MALEKA BIBI\n W/O- LT. RAHMAN ALI AND M/O- LT. RAFIKUL ISLAM @ RAFIKUL ALI\n Page No.# 2/3\n\n PERMANENT R/O- GAURIPUR WARD NO. 4 (JALAL HAJI ROAD)\n P.O. AND P.S. GAURIPUR\n DIST.- DHUBRI (ASSAM)\n PIN- 78333\n\n VERSUS\n\n THE STATE OF ASSAM AND 6 ORS\n REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF\n POWER, DISPUR, GHY-06\n\n 2:THE ASSAM STATE ELECTRICITY BOARD\n REP. BY ITS CHAIRMAN\n BIJULI BHAWAN\n PANBAZAR\n GHY-01\n\n 3:THE DY. COMMISSIONER\n DHUBRI DISTRICT AT DHUBRI P.O. DHUBRI\n 783301\n\n 4:THE GENERAL MANAGER\n ASSAM POWER DISTRIBUTION COMPANY LTD. (APDCL)\n BONGAIGAON ZONE AT BONGAIGAON\n ASSAM\n PIN- 783380\n\n 5:THE SENIOR ELECTRICAL INSPECTOR\n GOVT. OF ASSAM\n RAJGARH ROAD\n GHY-08\n\n 6:THE ASSTT. GENERAL MANAGER\n DHUBRI ELECTRICAL SUB DIVISION\n GAURIPUR APDCL (LAR)\n P.O. GAURIPUR\n DIST.- DHUBRI (ASSAM)\n PIN- 783331\n\n 7:THE SUB DIVISIONAL ENGINEER\n GAURIPUR ELECTRICAL SUB DIVISION APDCL (LAR)\n GAURIPUR\n P.O. AND P.S. GAURIPUR\n DIST.- DHUBRI (ASSAM)\n PIN- 78333\n\nAdvocate for the Petitioner : MR Z HUSSAIN\n Page No.# 3/3\n\nAdvocate for the Respondent : SC, APDCL\n\n\n\n\n BEFORE\n HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA\n\n ORDERDate : 09.04.2021\n\n Heard Mr. Z. Hussain, learned counsel for the petitioner.\n\n This writ petition is filed by the petitioner claiming compensation as against the death of\none Rafikul Ali @ Rafikul Islam who died due to electrocution on 04.09.2020 at Goibazar area\nof Gauripur Town in the District of Dhubri.In view of the same, issue notice.Mr. D. Bhattacharjee, learned Standing Counsel, APDCL accepts notice on behalf of the\nrespondent Nos. 2, 4 and 7. Ms. M. Bhatacahrjee, learned Addl. Sr. Govt. Advocate, Assam\naccepts notice on behalf of the respondent Nos. 1, 3 and 5.Necessary extra copies be furnished to the learned counsel for the respondents.\n\n The notice is made returnable after four weeks.JUDGE\n\n\n\nComparing Assistant

462e0155-2b64-5a08-834c-fd434cd594c2

court_cases

Manipur High CourtState Of Manipur And Others vs Baby Tingchonghoi Mate @ Boinu Mate And on 26 October, 2021Author:Sanjay KumarBench:Sanjay Kumar,Lanusungkum JamirKABORAM Digitally signed\n by\nBAM KABORAMBAM\nSANDEEP SANDEEP SINGH\n Date: 2021.10.27\n Item No. 33-34\n (Through Video Conferencing)\n\nSINGH 15:40:12 +05'30' IN THE HIGH COURT OF MANIPUR\n AT IMPHAL\n\n MC (WA) NO. 38 OF 2021\n\n State of Manipur and others\n ... Applicants\n -Versus-\n Baby Tingchonghoi Mate @ Boinu Mate and\n another\n ... Respondentswith Writ Appeal No. 28 OF 2021\n\n BEFORE\n HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR\n HON'BLE MR. JUSTICE LANUSUNGKUM JAMIR\n\n 26.10.2021.(Sanjay Kumar, CJ)\n Mr. P. Tamphamani, learned counsel, representing the\n\n learned Advocate General, Manipur, seeks time to file a tracking report in\n\n proof of service of the notice upon the respondents.Post on 25/11/2021.A copy of this order shall be supplied online or through\n\n whatsapp to the learned counsel.JUDGE CHIEF JUSTICE\n bidya

b92562fb-8421-524a-8009-8d2187a0f0de

court_cases

Bombay High CourtUsha Raghunath Katanaware vs Enquiry Officer And Ors on 5 April, 2023Author:Neela GokhaleBench:G.S. Patel,Neela Gokhale14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Shephali\n\n\n\n IN THE HIGH COURT OF JUDICATURE AT BOMBAY\n CIVIL APPELLATE JURISDICTION\n WRIT PETITION NO. 4284 OF 2023\n\n\n Ravindra V Shedge ...Petitioner\n Versus\n Enquiry Officer, M-Ward, Municipal Office & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4210 OF 2023\n\n Babu Shravan Sorate ...Petitioner\n Versus\n Enquiry Officer M Ward Municipal Office & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4127 OF 2023\n\n Tulshiram Babu Pawar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4080 OF 2023\n\n Bhau Dharma Badrike ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n\n\n\n\n Page 1 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WRIT PETITION NO. 4175 OF 2023\n\n Tanaji Bhikaji Naik ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4246 OF 2023\n\n Shantaram Shiva Kadam ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4172 OF 2023\n\n Shankar Babaji Kadam ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4087 OF 2023\n\n Vishnu S Adivrekar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4077 OF 2023\n\n Govind Vitthal Patankar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n\n\n Page 2 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WITH\n WRIT PETITION NO. 4250 OF 2023\n\n Chandrakant Sayaji Kasare ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4149 OF 2023\n\n Devibai Dhanji Nangar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4180 OF 2023\n\n Dattaram Laxman Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4165 OF 2023\n\n Chandrakant Narsha Pawar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4156 OF 2023\n\n Kamlakar Dhondu Jadhav ...Petitioner\n\n\n Page 3 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4141 OF 2023\n\n Ramdas Ramakant Prajapati ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4147 OF 2023\n\n Shamrao Krishna Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4176 OF 2023\n\n Shivram D Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4192 OF 2023\n\n Vasant Narayan Daristekar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4091 OF 2023\n\n\n\n Page 4 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Vishnu Narayan Matkar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4144 OF 2023\n\n Sulochana Gangaram Pawar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4236 OF 2023\n\n Dattaram Govind Kudtarkar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4163 OF 2023\n\n Ganpat Mruti Chavan ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4161 OF 2023\n\n Bhiva Bhau Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n\n\n Page 5 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WRIT PETITION NO. 4252 OF 2023\n\n Hansa Ganpat Kale ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4168 OF 2023\n\n Rambhujharat Rajnarayan Singh ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4239 OF 2023\n\n Prakash Shankar Mhaske ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4240 OF 2023\n\n Pandurang Bhagya Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4110 OF 2023\n\n Damodar Devba Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n\n\n Page 6 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WITH\n WRIT PETITION NO. 4164 OF 2023\n\n Sakharam Ganu Mirgule ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4093 OF 2023\n\n Indraprabhat Lataprasad Sing ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4237 OF 2023\n\n Mahadev D Tawade ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4137 OF 2023\n\n Balabai Pandharinath Shinde ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4136 OF 2023\n\n Kashinath Sakharam Kamble ...Petitioner\n\n\n Page 7 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4148 OF 2023\n\n Prakash Dharma Pacharkar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4107 OF 2023\n\n Gopal Devji Ubhare ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4142 OF 2023\n\n Zilu Hari Gawade ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4219 OF 2023\n\n Pandurang D Mhapralkar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4181 OF 2023\n\n\n\n Page 8 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Gopal Apparao Bhise ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4101 OF 2023\n\n Bapu Bandu Gaikwad ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4099 OF 2023\n\n Maruti Babaji Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4173 OF 2023\n\n Anandibai Aba Manchekar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4122 OF 2023\n\n Kamlakar Vishram Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n\n\n Page 9 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WRIT PETITION NO. 4132 OF 2023\n\n Ramchandra K Bhosale ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4185 OF 2023\n\n Dhondu S Jadahv ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4115 OF 2023\n\n Manohar S Rane ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4194 OF 2023\n\n Prakash S Patil ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4196 OF 2023\n\n Sangeeta M Jadhav ...Petitioner\n Versus\n\n\n Page 10 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4170 OF 2023\n\n Bapu R Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4178 OF 2023\n\n Punaji R Mosamkar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4106 OF 2023\n\n Kashinath L Ubale ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4203 OF 2023\n\n Keshav B Pawar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4186 OF 2023\n\n\n\n\n Page 11 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Puran S Walmiki ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4084 OF 2023\n\n Raghunath S Bhise ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4079 OF 2023\n\n Chhaya R Sawant ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4086 OF 2023\n\n Mahadeo L Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4191 OF 2023\n\n Vilas Y Thorat Through Constituted Attorney ...Petitioner\n Nitin V Thorat\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n\n\n Page 12 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WRIT PETITION NO. 4143 OF 2023\n\n Kisan K Koli ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4169 OF 2023\n\n Amol G Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4116 OF 2023\n\n Ratnaprabha S Chavan ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4235 OF 2023\n\n Chandrabhaga A Mangalkar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4222 OF 2023\n\n Chandrakant S Kakade ...Petitioner\n Versus\n\n\n Page 13 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4179 OF 2023\n\n Anita Tambe ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4285 OF 2023\n\n Rajaram K Pandey Through its Constituted ...Petitioner\n Attorney Guidya P Pandey\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4190 OF 2023\n\n Alka S Koli ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4134 OF 2023\n\n Chandrabai R Kambe ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4283 OF 2023\n\n\n\n Page 14 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Dada G Kakade Through its Constitute Attorney ...Petitioner\n Anant G Kakade\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4187 OF 2023\n\n Anita V Kochrekar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4158 OF 2023\n\n Krishna B Gaikwad ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4133 OF 2023\n\n Rupesh S Lokhande ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4199 OF 2023\n\n Bhagesh A Parab ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n\n\n Page 15 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WITH\n WRIT PETITION NO. 4197 OF 2023\n\n Sugandha L Kamble Through its Constituted ...Petitioner\n Attorney Jaipal L Kamble\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4100 OF 2023\n\n Rajendra T Nagtilak ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4198 OF 2023\n\n Rajendra S Sawant ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4193 OF 2023\n\n Asha V Sonavane ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4121 OF 2023\n\n Bharati P Jadhav ...Petitioner\n\n\n Page 16 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4188 OF 2023\n\n Mangala S Tambe ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4189 OF 2023\n\n Lata K Tambe ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4157 OF 2023\n\n Sunita S Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4238 OF 2023\n\n Saraswati B More ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4183 OF 2023\n\n\n\n Page 17 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Santosh S Walanju ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4128 OF 2023\n\n Sachin S Pawar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4302 OF 2023\n\n Mulji D Padaya ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4234 OF 2023\n\n Sunita S Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4108 OF 2023\n\n Vaishali A Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n\n\n Page 18 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WRIT PETITION NO. 4288 OF 2023\n\n Dinkar S Gamre ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4275 OF 2023\n\n Vishaya V Khanolkar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4153 OF 2023\n\n Devdas S Sawant ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4300 OF 2023\n\n Shalini B Gaikwad ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4167 OF 2023\n\n Mayawati P Pawar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n\n\n Page 19 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WITH\n WRIT PETITION NO. 4303 OF 2023\n\n Sulochana S Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4278 OF 2023\n\n Uttam R Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4232 OF 2023\n\n Nanda V Dhanawade ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4217 OF 2023\n\n Mahendra B Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4131 OF 2023\n\n Santosh D Mohite ...Petitioner\n\n\n Page 20 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4296 OF 2023\n\n Dayanand D Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4139 OF 2023\n\n Vijay M Sawant ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4262 OF 2023\n\n Santosh S Walanju ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4146 OF 2023\n\n Kamlabai K Deepak ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4151 OF 2023\n\n\n\n Page 21 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Jaywanti M Sondkar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4118 OF 2023\n\n Mangesh K Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4182 OF 2023\n\n Sulochana U Mhaske ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4241 OF 2023\n\n Vijay B Tirlotkar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4160 OF 2023\n\n Kishor G Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n\n\n Page 22 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WRIT PETITION NO. 4242 OF 2023\n\n Vivek A Kadam ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4166 OF 2023\n\n Sangeeta Jeevan More ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4299 OF 2023\n\n Maryam Y Nagothane ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4089 OF 2023\n\n Vanita D Argaonkar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4102 OF 2023\n\n Laduji N Raul ...Petitioner\n Versus\n\n\n Page 23 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4245 OF 2023\n\n Savlaram D Jadhav Through POA Machindra S ...Petitioner\n Jadhav\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4162 OF 2023\n\n Manini Mahadev Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4112 OF 2023\n\n Sakharam K Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4244 OF 2023\n\n Santosh Narayan More ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4208 OF 2023\n\n\n\n Page 24 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Indubai Shankar Gagare ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4095 OF 2023\n\n Sangita B Sawant ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4243 OF 2023\n\n Manisha M Tilak ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4154 OF 2023\n\n Varsha B Pawar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4260 OF 2023\n\n Suman Y Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n\n\n Page 25 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WRIT PETITION NO. 4213 OF 2023\n\n Sundarabai Gunaji Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4155 OF 2023\n\n Madhavi M Khavnekar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4140 OF 2023\n\n Lalsingh J Sonar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4109 OF 2023\n\n Tukaram T Bhore ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4214 OF 2023\n\n Vasant S Khairnar ...Petitioner\n Versus\n\n\n Page 26 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4152 OF 2023\n\n Baban Rongya Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4174 OF 2023\n\n Malti M Joshi ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4123 OF 2023\n\n Hemendra B Wadhawana ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4150 OF 2023\n\n Dropadi L Prabhuvalkar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4227 OF 2023\n\n\n\n\n Page 27 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Sanjay P Lokhande ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4215 OF 2023\n\n Sushma V Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4130 OF 2023\n\n Swapnil S Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4294 OF 2023\n\n Kamal J Mane ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4233 OF 2023\n\n Pramila P Sawant ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n\n\n\n Page 28 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WRIT PETITION NO. 4082 OF 2023\n\n Rajashree S Phatak ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4287 OF 2023\n\n Prakash N Gangawane ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4291 OF 2023\n\n Shakuntala H Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4258 OF 2023\n\n Yashwant M Parab ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4293 OF 2023\n\n Maheshkumar S Nare ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n\n\n Page 29 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WITH\n WRIT PETITION NO. 4211 OF 2023\n\n Vijaya M Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4290 OF 2023\n\n Narayan C Kari ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4289 OF 2023\n\n Prabhavati A Nadankar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4230 OF 2023\n\n Suhasini G Pawar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4225 OF 2023\n\n Shantibai R Donde ...Petitioner\n\n\n Page 30 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4306 OF 2023\n\n Sudhakar P Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4201 OF 2023\n\n Sunita S Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4279 OF 2023\n\n Sunita M Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4145 OF 2023\n\n Deepak S Sodaye ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4226 OF 2023\n\n\n\n Page 31 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Sushila Mahadev Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4277 OF 2023\n\n Nilesh Loke ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4229 OF 2023\n\n Vijaya V More ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n\n WITH\n WRIT PETITION NO. 4256 OF 2023\n\n Milind V Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4254 OF 2023\n\n Deepak V Kadam ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n\n\n Page 32 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WITH\n WRIT PETITION NO. 4249 OF 2023\n\n Usha R Katanaware ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4218 OF 2023\n\n Subhdra G Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4271 OF 2023\n\n Shobha Y Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4248 OF 2023\n\n Narendra R Lokhande ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4253 OF 2023\n\n Shital D Walkar ...Petitioner\n Versus\n\n\n Page 33 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4269 OF 2023\n\n Javed S Khulli ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4272 OF 2023\n\n Abhishek G Pathak ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4267 OF 2023\n\n Sangita Mahadev Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4085 OF 2023\n\n Deepak W Sawant ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4092 OF 2023\n\n\n\n\n Page 34 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Sushila M Kudale ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4138 OF 2023\n\n Suhas B Mokal ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4205 OF 2023\n\n Ghangabai S Gaikwad ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4206 OF 2023\n Nirmala P Ahire\n ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4129 OF 2023\n\n Yumuna S Gaikwad ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n\n\n\n Page 35 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WRIT PETITION NO. 4220 OF 2023\n\n Manda Y Shinde ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4298 OF 2023\n\n Sunanda A Rajapkar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4126 OF 2023\n\n Sulochana K Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4075 OF 2023\n\n Yogesh L Teli ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4307 OF 2023\n\n Santosh S Pawar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n\n\n Page 36 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WITH\n WRIT PETITION NO. 4124 OF 2023\n\n Sandeep Ratnoo Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4135 OF 2023\n\n Rajendra G Sawant ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n\n WITH\n WRIT PETITION NO. 4078 OF 2023\n\n Jaishree G Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4114 OF 2023\n\n Mahesh Y Dhumak ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4088 OF 2023\n\n\n\n\n Page 37 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Pramila P Dhamankar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4076 OF 2023\n\n Surendra P Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4090 OF 2023\n\n Shital S Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4304 OF 2023\n\n Sanjay G Jagdhane ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4202 OF 2023\n\n Sandeep B Tambe ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n\n\n\n Page 38 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WRIT PETITION NO. 4207 OF 2023\n\n Manoram M Kasle ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4113 OF 2023\n\n Nanda V Salunke ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4224 OF 2023\n\n Nanda B Pawar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4117 OF 2023\n\n Pragati P Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4221 OF 2023\n\n Vaishali M Kasle ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n\n\n Page 39 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WITH\n WRIT PETITION NO. 4263 OF 2023\n\n Rajan D Gaikwad ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4209 OF 2023\n\n Nanda Anil Sorte ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4231 OF 2023\n Shewanti D Patil\n ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4097 OF 2023\n\n Sunil G Gosavi ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4282 OF 2023\n\n Yahswant L Jadhav ...Petitioner\n\n\n Page 40 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4105 OF 2023\n\n Bindu D Pandey ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4204 OF 2023\n\n Sandeep Sonu Sawant ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4104 OF 2023\n\n Manish G Sawant ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4081 OF 2023\n\n Rekha N Khare ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4083 OF 2023\n\n\n\n Page 41 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Ravindra Laxman Hindlekar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4286 OF 2023\n\n Suhas Kamble ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4125 OF 2023\n\n Rajan B Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4212 OF 2023\n\n Nikhil Kishor Mohite ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4274 OF 2023\n\n Nirmalla R Jadhav ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n\n\n Page 42 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n WRIT PETITION NO. 4119 OF 2023\n\n Jaywant M Gaikwad ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4177 OF 2023\n\n Parvati D Mirgala ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4096 OF 2023\n\n Mayawati G Tambe ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4223 OF 2023\n\n Ravindra T Sawant ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4295 OF 2023\n\n Reshma R Kamble ...Petitioner\n Versus\n\n\n Page 43 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4228 OF 2023\n\n Chandrakant B Jambhorikar ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4297 OF 2023\n\n Rakesh D Shinde ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4098 OF 2023\n\n Pravinkumar Madhukar Yewale ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4094 OF 2023\n\n Altaf M Shaikh ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n WITH\n WRIT PETITION NO. 4111 OF 2023\n\n\n\n\n Page 44 of 45\n 30th March 2023\n\n\n::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::\n 14-WP-4284-2023-ENQUIRY.DOC\n\n\n\n\n Nalini A Shirke ...Petitioner\n Versus\n Enquiry Officer & Ors ...Respondents\n\n\n\n Mr Mayur Khandeparkar, i/b Abhay Parab, for the Petitioner in all\n Petitions.\n Mr Ram Apte, Senior Advocate, with RY Sirsikar, for the\n Respodnent-MCGM.\n Mr AV Ghodke, Senior Estate Inspector, present.\n Mr DP Ghule, Estate Officer, M/West Ward, present.\n\n\n CORAM G.S. Patel &\n Neela Gokhale, JJ.DATED: 5th April 2023\n PC:-1. Mr Khandeparkar seeks time to file further Affidavit in\n Rejoinder. This is to be filed and served on Mr Apte's attorneys by\n 13th April 2023. No further Affidavits without leave of thee Court.2. List the matter on 24th April 2023.3. Previous orders, if any, to continue until the next date.(Neela Gokhale, J) (G. S. Patel, J)Page 45 of 4530th March 2023::: Uploaded on - 05/04/2023 ::: Downloaded on - 06/04/2023 19:19:06 :::

a9238a43-4d7f-55ff-a44d-08ee77699c70

court_cases

National Company Law Appellate TribunalSouthern Power Distribution Company Of ... vs G. Madhusudhan Rao on 9 March, 2022NATIONAL COMPANY LAW APPELLATE TRIBUNAL AT CHENNAI\n (APPELLATE JURISDICTION)\n\n Company Appeal (AT) (CH) (INS) No. 60 of 2022\n and\n IA No. 121, 122 and 123 of 2022\n\n (Under Section 61 of the Insolvency and Bankruptcy Code, 2016)\n (Arising out of the Order dated 11.02.2020 in IA/1065/2019 in\n CP(IB)/97/7/HDB/2018 passed by the 'Adjudicating Authority',\n (National Company Law Tribunal, Hyderabad Bench)\n\nIn the matter of:\n\nSouthern Power Distribution Company\nof Telangana Ltd. ...Appellant\n\nV\n\nG. Madhusudhana Rao & 2 Ors. ...Respondents\n\nPresent:\n\nFor Appellant : Ms. Ramya, Advocate\n for Mr. Adithya Reddy, Advocate\n\nFor Respondent No.1: Mr. G. Madhusudhan Rao, Ex Resolution Professional\n\n\n ORDER(VIRTUAL MODE)\n\n\n Heard the Learned Counsel on record Ms. Ramya, appearing for the\n\n'Appellant'.It comes to be known that in the instant Company Appeal (AT)(CH)(INS) No.\n\n60 of 2022 although the 'Appellant' is assailing correctness, validity and legality of\n\nIA No. 121, 122 and 123 of 2022 in\nComp App (AT) (CH) (INS) No. 60 of 2022\nPage | 1\n the 'Impugned Order' dated 11.02.2020 in IA/1065/2019 in CP(IB)/97/7/HDB/2018\n\npassed by the 'Adjudicating Authority' (National Company Law Tribunal, Hyderabad\n\nBench, Hyderabad) in approving the 'Resolution Plan', which got approved by the\n\nMembers of the 'Committee of Creditors' having 99.53% voting shares, in terms of\n\ningredients of Section 31(1) of the Code, this 'Tribunal', sitting at 'Appellate' stage\n\nand on going through the 'Impugned Order' dated 11.02.2020 in IA/1065/2019 in\n\nCP(IB)/97/7/HDB/2018 passed by the 'Adjudicating Authority', (National Company\n\nLaw Tribunal, Hyderabad Bench) is of the earnest view that the 'Resolution Plan' in\n\nthe subject matter and which was got approved on 10.02.2020 by the 'Adjudicating\n\nAuthority' (National Company Law Tribunal, Hyderabad Benchs) and prior to that,\n\nthe said Plan was approved by the majority of Members of 'Committee of Creditors'\n\npossessing 99.9% of the voting shares. Furthermore, the ex-Resolution Professional,\n\nMr. G. Madhusudhan Rao, (1st Respondent) who in-person appeared before this\n\n'Tribunal', brings to the notice of this 'Tribunal' that the 'Resolution Plan' got\n\nimplemented by means of 50% and at this stage, after a lapse of more than two years,\n\nfiling of the instant Company Appeal (AT)(CH)(INS) No. 60 of 2022 on the file of\n\nthis 'Tribunal' is per se not maintainable in the eye of 'Law'.Considering the rival submissions made and also this 'Tribunal' on going\n\nthrough the 'Impugned Order' dated 11.02.2020 IA/1065/2019 in\n\nCP(IB)/97/7/HDB/2018 passed by the 'Adjudicating Authority', National Company\n\nLaw Tribunal, Hyderabad Bench comes to a resultant conclusion that the said\n\nIA No. 121, 122 and 123 of 2022 in\nComp App (AT) (CH) (INS) No. 60 of 2022\nPage | 2\n 'Impugned Order' passed by the 'Adjudicating Authority' is in conformity with the\n\nrequirement of IBC and Regulations and further that the same does not require any\n\ninterference in the Acts of this 'Tribunal'.In view of the fact that the 'Impugned Order' does not fulfill from any material\n\nirregularity or patent illegality in the 'eye of Law'. Looking at from this perspective,\n\nthe instant Company Appeal (AT)(CH)(INS) No. 60 of 2022 is 'Dismissed'. No cost.Connected IA Nos.121, 122 and 123 of 2022 are all closed.[Justice M. Venugopal]\n Member (Judicial)\n\n\n [Kanthi Narahari]\n Member (Technical)\n09.03.2022\nSE\n\n\n\n\nIA No. 121, 122 and 123 of 2022 in\nComp App (AT) (CH) (INS) No. 60 of 2022\nPage | 3

cfa1059d-4dfc-5776-8201-3742b17a9d58

court_cases

Patna High CourtShri Nibash Agarwalla @ Sri Nibash ... vs The State Of Bihar And Ors on 11 July, 2023Bench:Chief Justice,Partha SarthyIN THE HIGH COURT OF JUDICATURE AT PATNA\n Civil Writ Jurisdiction Case No.21021 of 2018\n ======================================================\n Shri Nibash Agarwalla @ Sri Nibash Mitruka, Son of Late Ruli Chand\n Agrawal @ Rulichand Mitruka, Resident of M.G. Road, Khalpara, Siliguri,\n P.S.- Siliguri, District- Darjeeling (West Bengal)\n\n ... ... Petitioner/s\n Versus\n1. The State of Bihar, through the Principal Secretary, Department of\n Transport, Bihar, Patna\n2. The Member Board of Revenue, Government of Bihar, Patna (Revisional\n Authority).\n3. Secretary, Transport Department, Government of Bihar, Patna.\n4. Joint State Transport Commissioner, Government of Bihar, Patna.\n\n ... ... Respondent/s\n ======================================================\n Appearance :\n For the Petitioner/s : Mr. Ajay Kumar Jha, Advocate\n For the Respondent/s : Mr. Ajay Kr. Rastogi, AAG-10\n ======================================================\n CORAM: HONOURABLE THE CHIEF JUSTICE\n and\n HONOURABLE MR. JUSTICE PARTHA SARTHY\n ORAL JUDGMENT(Per: HONOURABLE THE CHIEF JUSTICE)\n\n Date : 11-07-2023\n\n The petitioner is concerned with an order passed by\n\n the Board of Revenue, Bihar, Patna rejecting the appeal filed as\n\n Transport Case No. 36 of 2016. The brief facts to be noticed are\n\n that the petitioner is engaged in transport business and WB- 73-\n\n 1515 is the Registration Number of a Stage Carriage operated\n\n by the petitioner which had a permit from the State Transport\n\n Authority (for brevity STA), West Bengal which is produced as\n\n Annexure-1. The permit held by the petitioner was an Inter State\n\n Stage Carriage Permit in the route Siliguri-Saharsha which was\n Patna High Court CWJC No.21021 of 2018 dt.11-07-20232/7countersigned by the STA, Bihar, Patna, which is produced at\n\n Annexure-2. It is stated that by Annexure-3 dated 01.12.1999\n\n the petitioner surrendered the documents pertaining to the\n\n vehicle before the STA, West Bengal. After 30.11.1999 the\n\n Stage Carriage bearing No. WB-73-1515 was out of order and\n\n was not entering into the State of Bihar. The said vehicle was\n\n also deleted from the permit and substituted with a different\n\n vehicle having Registration No. WGY-1838 to operate one up\n\n and down trip from Siliguri to Saharsha, curtailed up to\n\n Murliganj, as is seen at Annexure-5. The said deletion was also\n\n informed to the STA, Bihar as per Annexure-6 which was\n\n responded to by Annexure-6A is the contention.2. In such circumstances, the vehicle having not entered into the\n\n State of Bihar after 31.11.1999, it is argued that there could be\n\n no claim for tax raised against the vehicle or its owner, the\n\n petitioner herein. The learned counsel for the petitioner argued\n\n that the vehicle being registered in West Bengal, there is no\n\n question of surrender of permit before the STA State of Bihar. It\n\n is also contended that information was furnished to the STA,\n\n Bihar regarding the surrender of permit to the STA, West Bengal\n\n and in such circumstances no tax could be levied.3. The petitioner had approached this Court against\n Patna High Court CWJC No.21021 of 2018 dt.11-07-20233/7the orders passed by the Original Authority and the Appellate\n\n Authorities as per C.W.J.C. No. 7026 of 2012; the judgment in\n\n which is produced at Annexure-7. A reading of the said\n\n judgment discloses that the petitioner at that stage had raised\n\n two pleas before Court. The first was that, the registering\n\n authority being in the State of West Bengal there was no\n\n requirement to surrender original registration certificate, tax\n\n token and permit before the authorities in the State of Bihar;\n\n especially when the same was surrendered before the STA, State\n\n of West Bengal. The second ground raised was that the\n\n document issued by the West Bengal STA evidencing surrender\n\n of the permit issued by that authority, countersigned by the STA,\n\n Bihar, was submitted in original to the authority at Bihar. Hence,\n\n the rigor ofSection 17of the Bihar Motor Vehicle Taxation Act\n\n could not have been applied to the vehicle as the same was\n\n plying only on an Inter State Permit and the vehicle was not\n\n registered in the State of Bihar.4. Insofar as the first issue was concerned, the\n\n learned Single Judge found that the contention was raised\n\n neither before the Appellate Authority nor the Revisional\n\n Authority that, the surrender of the original registration\n\n certificate and other documents before the West Bengal\n Patna High Court CWJC No.21021 of 2018 dt.11-07-20234/7authority was duly intimated by producing a document in\n\n original issued by the West Bengal Authority before the STA,\n\n Bihar. Hence, the said ground was declined to be considered.\n\n However, it was noticed that the surrender being required to be\n\n intimated in Form-J was not considered by the Revisional\n\n Authority and hence the matter was directed to be considered\n\n afresh by the revisional authority.5. The revisional authority by Annexure-8\n\n elaborately considered the issue. The permit issued for Inter\n\n State operation by the concerned transport authority Siliguri,\n\n West Bengal was found to have been countersigned by the STA,\n\n Bihar for the period 23.04.1999 to 24.04.2004. Though the\n\n petitioner had contended that the vehicle in question suffered a\n\n breakdown and was not fit for operation, there was nothing\n\n produced to evidence the same. It was specifically found thatSection 17of the Bihar Motor Vehicle Taxation Act requires\n\n intimation of a temporary discontinuance of use of a vehicle in\n\n the prescribed Form-J in terms of Rule 13, in terms of Bihar\n\n Motor Vehicle Taxation Rules, 1994. The period for which the\n\n vehicle is to be kept off the road was also to be intimated which,\n\n if not done, the liability to tax would survive for the entire\n\n period of the permit. Only after the submission of Form-J could\n Patna High Court CWJC No.21021 of 2018 dt.11-07-20235/7there be an application before the Taxing Officer for exemption\n\n during the period during which the vehicle was kept off the\n\n road. The Board of Revenue also found that the surrender was\n\n intimated without any date on it. If there was a surrender then\n\n there should have been proper authenticated documents of\n\n surrender produced before the authority which countersigned\n\n the permit, along with Form-J, failing which tax would be levied\n\n for the entire period of permit.6. This Court is convinced thatSection 17of the\n\n Bihar Motor Vehicle Taxation Act 1994 covers every situation in\n\n which there is a temporary discontinuance of use of a vehicle.\n\n Admittedly, the vehicle had an Inter State permit which was\n\n countersigned by the STAs of West Bengal and Bihar. Even if\n\n the permit is surrendered in West Bengal, there should be a\n\n surrender within the State of Bihar also or an intimation\n\n obtained from the West Bengal Authority as to such surrender in\n\n which event alone the vehicle will be absolved of the tax\n\n liability.7. The contention of the petitioner that the vehicle\n\n registered in West Bengal need not submit itself to the\n\n jurisdiction of the STA, Bihar cannot be countenanced,\n\n especially considering the fact that the vehicle had been issued\n Patna High Court CWJC No.21021 of 2018 dt.11-07-20236/7with an Inter State permit countersigned by the STA, Bihar. The\n\n averment in the writ petition regarding payment of motor\n\n vehicle tax for the vehicle to the State of Bihar up to 30.11.1999\n\n makes it very clear that the vehicle was also kept for use within\n\n the roads of Bihar, by virtue of an Inter State permit, and had the\n\n liability to pay tax under the Motor Vehicle Taxation Act of\n\n Bihar State.8. If there is a temporary discontinuance of the\n\n vehicle, then necessarily Form-J has to be filed as prescribed in\n\n the Rules failing which the vehicle would be liable to pay tax\n\n throughout the period of validity of the Inter State permit i.e. up\n\n to 24.04.2004. There can be no assumption that on surrender of\n\n documents there would be no plying of vehicle on public roads.\n\n In fact, if Form-J is filed and then the vehicle is plying on public\n\n road, there is a penalty mulcted on the permit holder by such use\n\n despite a Form-J having been filed.9. Further it is to be seen that Annexure-3 is not an\n\n authenticated copy of the intimation given to the STA, Bihar,\n\n Patna and there is no endorsement insofar as the surrender\n\n having been made.10. We notice Annexure-3 only in the nature of the\n\n contention raised by the petitioner of an intimation having been\n Patna High Court CWJC No.21021 of 2018 dt.11-07-20237/7given to the STA, Bihar about the surrender of permit at West\n\n Bengal. In any event, Annexure-3, if at all submitted, is\n\n insufficient since the clear prescription as per the Act as\n\n available from the Rules is to submit the prescribed Form-J. We\n\n have also noticed Annexure-5, which is said to be one another\n\n communication issued by the petitioner to the STA at Patna; not\n\n endorsed as received by the Authority and there is nothing\n\n produced to show that such intimation is send by post or\n\n otherwise. Yet again we notice Annexure-6 and 6A which are of\n\n the year 2006 not relevant to the period in which the Inter State\n\n transport permit was valid.11. We find absolutely no reason to interfere with\n\n the order of the Board of Revenue and dismiss the writ petition,\n\n leaving the parties to suffer their respective costs.(K. Vinod Chandran, CJ)\n\n\n ( Partha Sarthy, J)\naditya/-AFR/NAFR NAFR\nCAV DATE N.A\nUploading Date 18.07.2023.\nTransmission Date N.A

d0fb3b66-9a09-55f8-aa1e-d4193ec796b6

court_cases

Calcutta High CourtM/S. G. R. Multiflex Packaging Pvt. Ltd. ... vs Deutsche Bank Ag & Anr on 16 January, 2020Author:Sabyasachi BhattacharyyaBench:Sabyasachi BhattacharyyaOD-1\n\n W.P. No. 591 of 2019\n IN THE HIGH COURT AT CALCUTTA\n Constitution Writ Jurisdiction\n ORIGINAL SIDE\n\n M/S. G. R. MULTIFLEX PACKAGING PVT. LTD. & ANR.\n VERSUS\n DEUTSCHE BANK AG & ANR.\n\n\n BEFORE:\n The Hon'ble JUSTICE SABYASACHI BHATTACHARYYA\n Date : 16th January, 2020.\n Appearance:\n Mr. Moti Sagar Tiwari, Adv.\n Mr. Debanshu Modak, Adv.\n ...for the petitioners\n\n\n The Court: Affidavit of service filed in Court today be kept on record.\n\n Despite service none appeared on behalf of the respondents. The limitedgrievance of the petitioners is that the petitioners took a loan from the\n\nrespondent no. 1-bank and due to subsequent default in repayment of\n\ninstalments, the bank initiated proceeding underSections 13(2)and13(4)of the\n\nSecuritization and Reconstruction of Financial Assets and Enforcement of\n\nSecurity Interest Act, 2002.Learned Counsel appearing for the petitioners submits that the petitioners\n\nalready wrote to the bank, requesting the bank to sell one of the flats out of the\n\nduplex of the petitioners which was mortgaged with the bank in connection with\n\nthe loan, and to ascertain whether the dues of the bank can be met by such sale,\n\nand only thereafter to proceed further with the proceedings under the said Act.It is submitted that the bank, without considering such representation of\n\nthe writ petitioner which would, in any event, cut short the matter even for the2bank and save the petitioner the unnecessary ignominy of being subjected to a\n\nproceeding in due legal course without exploring opportunity of reaching the\n\nfinality in the matter upon consideration of such representation.There appears to be substance of the contention of the petitioners, that,\n\nsince the petitioners want to cut short the entire legal wrangle by conceding to\n\nsale of one of the flats to meet their dues on the loan, the bank ought to have\n\nconsidered such offer prior to proceeding further in usual course to recover the\n\nmoney.In such view of the matter, W.P. No. 591 of 2019 is disposed of by directing\n\nthe respondents to consider the representation of the petitioner, annexed at page\n\n206 (Annexure-P17) to the instant writ petition and, if necessary, to proceed on\n\nthe basis of such representations instead of embroiling the petitioners\n\nunnecessarily into further legal red-tapism.The bank is directed to consider such representation, upon giving hearing\n\nto the petitioner, within a fortnight from the date of communication of this order\n\nto the respondents, and to communicate the decision taken thereon to the\n\npetitioners immediately thereafter. The petitioners are directed to intimate this\n\norder to the bank at the earliest.There will be no order as to costs.Urgent photostat certified copy of this order, if applied for, be supplied to\n\nthe parties, subject to the compliance with all requisite formalities.(SABYASACHI BHATTACHARYYA, J.)\n\n\nS.Bag

fa2b16d7-af72-5039-bea4-694f02385356

court_cases

Bangalore District CourtState Bank Of India vs Mrs.Sunitha.N on 14 September, 20211 Com.O.S.No.395/2021\n IN THE COURT OF THE LXXXVIII ADDL. CITY CIVIL &\nSESSIONS JUDGE (EXCLUSIVE COMMERCIAL COURT):\n BENGALURU CITY. (CCH-89)\n\n Present: Sri. P.J. SOMASHEKARA, B.A.,LL.M,\n LXXXVIII Addl.City Civil & Sessions Judge\n Bengaluru City.\n\n Dated this the 14th day of September 2021\n\n Com.O.S.No.395/2021\n\nPlaintiff: State Bank of India,\n Small and Medium Enterprises Centre,\n (SMEC),\n No.20, Badagandu Sangha building,\n Girls High School Street,\n Kumara Park ,\n Bangalore - 560 020,\n Rep by its Chief Manager, Kiran.S.Matad\n PAN No.AAACS5877K\n\n (By Sri. NP., Advocate)\n -vs-\nDefendant: Mrs.Sunitha.N,\n W/o.Nagarappa,\n No.363, 5th Cross, 5th Main\n Ranganathapura, Basaweshwranagara,\n Bangalore - 560 079\n and also at\n No.7, Near Ganesha Temple,\n Kamakshipalya, Basaweshwaranagara,\n Bangalore - 560 079.\n\n\n (Exparte)\n\nNature of the suit Money suit\nDate of institution of the 30.06.2021\nsuit\nDate of commencement of 01.09.2021\nrecording of the evidence\n 2 Com.O.S.No.395/2021\nDate on which the 14.09.2021\njudgment was pronounced\nTotal duration Year/s Month/s Day/s\n 00 02 1\n\n\n JUDGMENTThis is a suit filed by the plaintiff bank against the defendant\n\nfor recovery of Rs.11,75,089/- together with cost, current and\n\nfuture interest @ 10.85% p.a. with compounded monthly rests\n\nfrom the date of the suit till its realization.2. Brief facts of the plaint are as under :The plaintiff bank in its plaint has alleged that the defendant\n\nhas approached for financial assistance for the purpose of\n\nbusiness of Garment Shop, pursuant to the request of the\n\ndefendant a cash credit facility loan of Rs.50,000/- has been\n\nsanction and term loan of Rs.11,30,000/- has been sanctioned\n\nand the same are intimated to the defendant through\n\narrangement letter dt:23.12.2019. The defendant has accepted\n\nthe terms of conditions of such sanction has acknowledged the\n\nsaid arrangement letter dt:23.12.2019. The defendant has not\n\navailed credit facility, but availed only term loan of Rs.11,30,000/-and agreed to repay the said loan amount in 80 monthly\n\ninstallments of Rs.20,675/- and last installment of Rs.5391/- with\n\ninterest @3.5% above MCLR and present MCLR being 8%, the\n\neffective rate of interest is 11.50% per annum compounded at\n\nmonthly rests subject to change in the rate of interest as per the3 Com.O.S.No.395/2021loan policy guidelines issued from time to time in this regard. The\n\ncurrent rate of interest is 10.85% per annum compounded at\n\nmonthly rests and the defendant has hypothecated the stocks in\n\ntrade and receivables in order to avail the credit facility by\n\nexecuting the agreement of loan cum hypothecation\n\ndt:23.12.2019. The defendant was very irregular in payment of\n\nthe loan installments, the defendant has failed and neglected to\n\nhonor the commitment and failed to pay the loan installments as\n\nagreed at the time of availing the loan facility. The defendant\n\nintentionally and deliberately has committed the serious default\n\nin repayment of the loan amount and failed to discharge the\n\nobligations towards the terms and conditions under the loan\n\nagreement and failed to pay overdue interest occurred on the\n\nloan amount, in order to make her unlawful gain3. The plaintiff Bank in its plaint has further alleged that\n\ndespite there being no rhyme or reasons whatsoever withhold the\n\nrepayment of the loan amount which is legally payable by the\n\ndefendant as per the terms and conditions of the loan document\n\nand the defendant has failed to make repayment of the loan\n\namount, inspite of several requests and demands, but the\n\ndefendant has failed and neglected to repay the loan amount\n\nwith the malafide intention and oblique motive has committed\n\nserious default in repayment of the loan amount. The loan4 Com.O.S.No.395/2021account has been transferred from Gandhinagara Branch for\n\nrecovery of the loan dues. Inspite of several requests and\n\ndemands made to the defendant to pay the loan installments, the\n\ndefendant willfully failed and totally neglected to pay the loan\n\ninstallments. Thereby got issued a legal notice dt:10.04.2021 to\n\ncalling upon the defendant to clear the loan which due, but the\n\ndefendant has evaded service of the same, thus it was returned\n\nwith an endorsement insufficient address and left. The defendant\n\nis due a sum of Rs.10,38,952/- and the interest from 13.06.2020\n\nto till day. The defendant in total liable to pay Rs.11,75,089/- with\n\ninterest @10.85% per annum compounded monthly rests till its\n\nrealization. The cause of action for the suit which arose on\n\n23.12.2019 when the loan has been sanctioned and when the\n\ndefendant has been executed agreement of loan cum\n\nhypothecation and letter of arrangement and when the loan\n\namount was disbursed and on 10.04.2021 when the legal notice\n\nhas been issued calling upon her to pay due amount within the\n\njurisdiction of this Court and prays for decree the suit.4. In response of the suit summons the defendant did not\n\nappear nor filed her written statement as she was placed exparte.5. The plaintiff bank in order to prove its plaint averments\n\nhas examined its Manager as P.W.1 and got marked the5 Com.O.S.No.395/2021documents as Ex.P.1 to P.6, P.4(a) & P.8. The plaintiff bank has\n\nnot examined any witnesses in its favour.6. Heard the arguments on the plaintiff side.7. Now the points that arise for court consideration are:1. Whether the plaintiff bank is entitled\n for the relief as prayed for?2. What order or decree?8. My answer to the above points are as under:Point No.1: In the Affirmative;Point No.2: As per final order, for the following;REASONS9. POINT NO.1: The plaintiff bank has approached the court\n\non the ground that the defendant has availed loan of\n\nRs.11,30,000/- under a term loan for the purpose of Garment\n\nbusiness and executed the documents by agreeing to repay the\n\nloan amount with interest on monthly installments, but in spite of\n\nrepeated request and demand, the defendant did not come\n\nforward nor paid the loan amount, thereby the plaintiff bank has\n\nfiled the instant suit against the defendant.10. The plaintiff bank in order to prove the plaint averments\n\nhas examined its Manager as P.W.1 who filed his affidavit as his\n\nchief-examination by reiterating the contents of the plaint stating\n\nthat the defendant has approached the bank for financial6 Com.O.S.No.395/2021assistance for the purpose of Garment business of Rs.11,30,000/-\n\nunder the term loan and the loan has been sanctioned for\n\nRs.11,30,000/- to the defendant for his business purpose and the\n\ndefendant has executed the documents by agreeing to repay the\n\nloan amount with interest on 80 monthly installments of\n\nRs.20,675/- and last installment of Rs.5,391/- with interest\n\[email protected]% per annum compounded at monthly rests, subject to\n\nchange in the rate of interest. The current rate of interest is\n\n10.85% per annum compounded at monthly rests. The\n\ndefendant was very irregular in payment of the loan installments\n\nand the defendant has failed and neglected to honor the\n\ncommitment and failed to pay the loan installments. The\n\ndefendant intentionally and deliberately has committed the\n\nserious default in repayment of the loan amount and failed to\n\ndischarge the obligations towards the terms and conditions under\n\nthe loan agreement and failed to pay over due interest.11. The plaintiff bank, Manager in his affidavit has alleged\n\nthat inspite of repeated request and demand failed to make\n\nrepayment of the loan amount by the defendant, thus got issued\n\nlegal notice calling upon the defendant to pay the loan amount\n\nwith interest, but in spite of notice did not appeared nor paid the\n\nloan amount. Thus the plaintiff has filed the instant suit against\n\nthe defendant.7 Com.O.S.No.395/202112. It is an admitted fact the plaintiff bank has filed the\n\ninstant suit against the defendant for recovery of Rs.11,75,089/-\n\nwith interest @ 10.85% p.a. compounded monthly on the ground\n\nthe defendant has availed loan of Rs.11,30,000/- for the purpose\n\nof her business. Now the question is whether the suit which filed\n\nis maintainable before this court and whether this court having\n\nthe pecuniary jurisdiction to consider the relief which sought by\n\nthe plaintiff bank. Though no dispute either on the jurisdiction\n\npoint nor maintainability of the suit before this court. However, it\n\nis necessary to consider these aspects before considering the\n\nmaterials on record as the plaintiff bank has filed the instant suit\n\nagainst the defendant for recovery of loan amount of\n\nRs.11,75,089/- with interest 10.85% p.a. compounded at monthly\n\nrests. Thus this court drawn its attention onSec.2(i)(c)of\n\nCommercial Courts Act, 2015 which reads like this:(c) "commercial dispute" means a dispute\n arising out of-(i) ordinary transactions of merchants,\n bankers, financiers and traders such as\n those relating to mercantile documents,\n including enforcement and interpretation\n of such documents;(ii) export or import of merchandise or\n services;(iii) issues relating to admiralty and\n maritime law;8 Com.O.S.No.395/2021(iv) transactions relating to aircraft,\naircraft engines, aircraft equipment and\nhelicopters, including sales, leasing and\nfinancing of the same;(v) carriage of goods;(vi) construction and infrastructure\ncontracts, including tenders;(vii) agreements relating to immovable\nproperty used exclusively in trade or\ncommerce;(viii) franchising agreements;(ix) distribution and licensing\nagreements;\n(x) management and consultancy\nagreements;\n(xi) joint venture agreements;\n(xii) shareholders agreements;\n(xiii) subscription and investmentagreements pertaining to the services\nindustry including outsourcing services\nand financial services;(xiv) mercantile agency and mercantile\nusage;(xv) partnership agreements;(xvi) technology development\nagreements;(xvii) intellectual property rights relating\nto registered and unregistered\ntrademarks, copyright, patent, design,\ndomain names, geographical indications\nand semiconductor integrated circuits;\n(xviii) agreements for sale of goods or\nprovision of services;9 Com.O.S.No.395/2021(xix) exploitation of oil and gas reserves\n or other natural resources including\n electromagnetic spectrum;(xx) insurance and re-insurance;\n (xxi) contracts of agency relating to any\n of the above; and\n (xxii) such other commercial disputes as\n may be notified by the Central\n Government.The provision underSec.2(c)(i)which referred above is very\n\nmuch clear the first category which referred above, includes\n\ndisputes of ordinary transactions of merchants, bankers,\n\nfinanciers and traders such as those relating to mercantile\n\ndocuments including enforcement and interpretation of such\n\ndocuments. The definition naturally will cover the dispute of all\n\nkinds of ordinary transactions of merchants, bankers, financiers\n\nand traders. The banks are established underBanking Regulation\n\nActfor the purpose of business and commerce, naturally all\n\ntransaction of bank about giving of loans, recovery thereof,\n\ndeposits in banks etc., should fall within the category of\n\ncommercial dispute. If the specified value there of is more than\n\nRs.3,00,000/-. So the facts which pleaded in the plaint comes\n\nunder the commercial dispute.13. Now the question is whether the dispute which stated\n\nsupra comes under the jurisdiction of commercial court. Thus, this10 Com.O.S.No.395/2021court drawn its attention onSec.6of Commercial Courts Act,\n\n2015 which reads like this:Section 6: Jurisdiction of Commercial Court.6. The Commercial Court shall have\n jurisdiction to try all suits and\n applications relating to a commercial\n dispute of a Specified Value arising out\n of the entire territory of the State over\n which it has been vested territorial\n jurisdiction.Explanation.-For the purposes of this\n section, a commercial dispute shall be\n considered to arise out of the entire\n territory of the State over which a\n Commercial Court has been vested\n jurisdiction, if the suit or application\n relating to such commercial dispute has\n been instituted as per the provisions ofsections 16to20of the Code of Civil\n Procedure, 1908 (5 of 1908).The above provision is very much clear that the commercial court\n\nshall have the jurisdiction to try all suits and applications relating\n\nto commercial dispute.14. Now the question is whether this court having the\n\npecuniary jurisdiction to adjudicate the matter which is in dispute.\n\nThus, this court drawn its attention onSec.3of Commercial\n\nCourts Act, 2015 which reads like this:Section 3: Constitution of Commercial Courts.3. (1) The State Government, may after\n consultation with the concerned High11 Com.O.S.No.395/2021Court, by notification, constitute such\nnumber of Commercial Courts at District\nlevel, as it may deem necessary for the\npurpose of exercising the jurisdiction\nand powers conferred on those Courts\nunder this Act:2[Provided that with respect to\n the High Courts having ordinary\n original civil jurisdiction, the\n State Government may, after\n consultation with the concerned\n High Court, by notification,\n constitute Commercial Courts at\n the District Judge level:Provided further that with respect\n to a territory over which the High\n Courts have ordinary original civil\n jurisdiction, the State\n Government may, by notification,\n specify such pecuniary value\n which shall not be less than three\n lakh rupees and not more than\n the pecuniary jurisdiction\n exercisable by the District Courts,\n as it may consider necessary.]\n 3[(1A) Notwithstanding anything\n contained in this Act, the State\n Government may, after\n consultation with the concerned\n High Court, by notification,\n specify such pecuniary value\n which shall not be less than three\n lakh rupees or such higher value,\n for whole or part of the State, as\n it may consider necessary.]12 Com.O.S.No.395/2021The above provision is very much clear that by virtue of the\n\nnotification specified the pecuniary value of this court which shall\n\nnot be less than Rs.3,00,000/- Admittedly, the plaintiff in the\n\nplaint itself has stated that the defendant is due a sum of\n\nRs.11,75,089/- with interest and the plaintiff bank has filed the\n\ninstant suit against the defendant on 30.06.2021 i.e. after the\n\namendment ofCommercial Courts Act, 2018. The pecuniary\n\njurisdiction of the commercial court is not less than Rs.3 Lakhs\n\nand above, but by virtue of the amendment ofCommercial Courts\n\nAct, the pecuniary jurisdiction of the commercial court shall not\n\nbe less than Rs.3,00,000/-. So this court having the pecuniary\n\njurisdiction to adjudicate the matter which is in dispute by virtue\n\nof the provision which stated supra.15. The plaintiff bank in support of the oral evidence has\n\nproduced the documents which marked as Ex.P.1 to Ex.P.6. Ex.P.1\n\nis the letter of arrangement dt:23.12.2019 is reflects the\n\ndefendant has approached the plaintiff bank for cash credit loan\n\nof Rs.50,000/- and term loan of Rs.11,30,000/- for the purpose of\n\nGarment business. Ex.P.2 is the agreement of loan cum\n\nhypothecation is reflects after availment of the loan the\n\ndefendant has hypothecated the stocks in trade and receivables\n\nin order to avail credit facility. Ex.P.3 is the legal notice copy\n\nreflects the plaintiff bank got issued a legal notice to calling upon13 Com.O.S.No.395/2021the defendant for payment of loan amount with interest. Ex.P.4 &\n\nP.5 are clear the legal notice has been issued to the defendant\n\nthrough RPAD. Ex.P.6 is the statement of accounts is clearly\n\nreflects the defendant was due a sum of Rs.11,74,089/- with\n\nRs.1000/- legal notice charges are taken into consideration the\n\ndefendant was due a sum of Rs.11,75,089/- as on the date of suit.\n\nSo the documents which marked as Ex.P.1 to P.6 are coupled with\n\nthe oral evidence of P.W.1.16. If at all the defendant was not availed the loan of\n\nRs.11,30,000/- for the purpose of Garment business nor executed\n\nthe documents in favour of the plaintiff bank, in response to the\n\nsuit summons, the defendant would have appeared and resisted\n\nthe claim of the plaintiff bank, but the reasons best known to the\n\ndefendant, in spite of service of summons, did not appear nor\n\nresisted the claim of the plaintiff bank. On the other hand, the\n\nplaintiff bank has proved its case through oral and documentary\n\nevidence that the defendant has availed loan of Rs.11,30,000/-\n\nfor the purpose of Garment business and executed the\n\ndocuments by agreeing to repay the loan amount with interest on\n\nmonthly basis, but the defendant failed to keep up her promise as\n\nagreed. Hence, I am of the opinion that the point No.1 is\n\nanswered in the Affirmative.14 Com.O.S.No.395/202117. POINT NO.2: In view of my answer to point No.1 as\nstated above, I proceed to pass the following;ORDER\n The suit of the plaintiff bank is decreed with cost.\n The defendant is hereby directed to pay the\n decretal amount of Rs.11,75,089/- together with\n cost, current and future interest @ 10.85% with\n compounded monthly rests from the date of suit till\n its realization.Draw decree accordingly.(Dictated to the Typist, thereof corrected by me and then pronounced in\nthe open court on this the 14th day of September, 2021)\n\n\n\n\n (P.J. Somashekara)\n LXXXVIII Addl. City Civil & Sessions Judge,\n (Exclusive Commercial Court),\n Bengaluru City15 Com.O.S.No.395/2021.List of witnesses examined on behalf of plaintiff:P.W.1 Deepak Kumar\n\n\nList of witnesses examined on behalf of defendant:Nil\n\n\nList of documents exhibited on behalf of plaintiff:Ex.P.1 Letter of arrangement dt:23.12.2019\nEx.P.2 Agreement of loan cum hypothecation\nEx.P.3 Legal notice dt:10.04.2021\nEx.P.4 RPAD cover (opened in the open court)\nEx.P.4(a) Notice copy\nEx.P.5 RPAD cover (opened in the open court)\nEx.P.5(a) Notice copy\nEx.P.6 Statement of accounts\nList of documents exhibited on behalf of defendant:Nil\n\n\n\n\n (P.J. Somashekara)\n LXXXVIII Addl. City Civil & Sessions Judge,\n (Exclusive Commercial Court),\n Bengaluru City16 Com.O.S.No.395/2021Judgment pronounced in the open court, vide separate;ORDER\n The suit of the plaintiff bank is\ndecreed with cost.The defendant is hereby directed\nto pay the decretal amount of\nRs.11,75,089/- together with cost,\ncurrent and future interest @ 10.85%\nwith compounded monthly rests from\nthe date of suit till its realization.Draw decree accordingly.(P.J. Somashekara)\n LXXXVIII Addl. City Civil & Sessions Judge,\n (Exclusive Commercial Court),\n Bengaluru City

65b94d63ab84c7eca86e8d5a

acts

State of Chattisgarh - Act ---------------------------- Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Niyam, 2013 --------------------------------------------------------------------------------------------- CHHATTISGARH India Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Niyam, 2013 ============================================================================================= Rule CHHATTISGARH-STATE-UPCHARYAGRIHA-TATHA-ROGOPCHAR-SAMBANDHI-STHAPANAYE-ANUGYAPAN-NIYAM-2013 of 2013 --------------------------------------------------------------------------------------------------------- * Published on 20 August 2013 * Commenced on 20 August 2013 Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Niyam, 2013 Published vide Notification No. F 21-01/2013/IX/17, dated 20th August, 2013 Last Updated 15th October, 2019 Notification No. F 21-01/2013/IX/17 dated 20th August, 2013. - In exercise of the powers conferred by sub-section (1) of Section 18 of the Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Adhiniyam, 2010 (No. 23 of 2010), the State Government, hereby, makes the following rules, the same having been previously published as required by subsection (1) of Section 18 of the said Adhiniyam, namely :- ### 1. Short title, extent and commencement. (1) These rules may be called the Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Niyam, 2013. (2) They extend to whole of State of Chhattisgarh. (3) They shall come into force from the date of their publication in the Official Gazette. ### 2. Definitions. (1) In these rules, unless the context otherwise require,- (a) "Act" means the State of Chhattisgarh Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Adhiniyam, 2010; (b) "Appellate Authority" means the authority defined in Rule 9 of these rules; (c) "AYUSH" means Ayurveda, Yoga, Unani, Siddha and Homeopathy systems of medicine; (d) "Schedule" means a Schedule appended to these rules; (e) "State Government" means Government of Chhattisgarh; (f) "Unethical Act" means any unethical act defined in Chapter 6 or any misconduct defined in Chapter 7 of the Indian Medical Council (Professional Conduct, Etiquette, and Ethics) Regulations 2002. (2) Words and expressions used and not defined in these rules, but defined in the Act, shall have the same meaning respectively assigned to them in the Act. ### 3. Supervisory Authority. (1) The District Collector of the concerned district shall be the Supervisory Authority under these Rules and shall be assisted by a District Committee in discharge of the functions assigned to it under the Act. (2) The Supervisory Authority shall consider the recommendations made by the District Committee in all matters and will make decisions relating to registration and/or grant of licenses to a Clinical Establishment. ### 4. Functions of Supervisory Authority. - The Supervisory authority shall perform all functions necessary to regulate the functioning of Clinical Establishments in the State of Chhattisgarh, which are as follows :- (a) To grant/renew, suspend or cancel registration/license of a Clinical Establishment as per the provisions under Sections 3, 6, 8 and 9 of the Act; (b) To enforce imposition of penalties as provided for under Sections 4 and 12 of the Act; (c) To obtain fees for registration/issue of license as required under Section 5 of the Act; (d) To enforce standards as required under Section 7 and 18(2) of the Act; (e) To inspect and investigate as required under Section 11 of the Act; (f) To investigate complaints related to shallful negligence with the provisions of the Act, as required under Sections 13 and 14 of the Act: Provided that, the above functions of the Supervisory Authority are not exhaustive in nature. ### 5. Office of the Supervisory Authority. - The Supervisory Authority shall maintain an office to be designated as "Office of ( district name) Clinical Establishment Registration and Licensing Authority". The office shall work as the Secretariat of the District Committee. The office shall be served by staff who shall report to the Chairperson of the District Committee. ### 6. Income of the office of Supervisory Authority. - The fees/penalties payable by the Clinical Establishments shall become the income of the office of the Supervisory Authority of the concerned district and shall be used for the purposes of carrying the activities assigned to it. ### 7. Initial corpus of the Supervisory Authority. - The State Government may provide grant-in-aid to the Supervisory Authority to supplement its resources, provided that, the quantum of such grant-in-aid shall be determined on the basis of an assessment of their income and expenditure. ### 8. District Committee. (1) The constitution of the District Committee shall be as follows :- | | | | | --- | --- | --- | | 1. | Chief Medical and Health Officer (CMHO) | - Chairperson | | 2. | District Collector's nominee [Not below the rank of Dy. Collector] | - Member | | 3. | Commissioner/CMO of the Urban Local Body of Heaquarter Town of the District | - Member | | 4. | CEO, Zilla Panchayat | - Member | | 5. | Representative of Chhattisgarh Environment Conservation Board | - Member | | 6. | District Ayurveda Officer | -. Member | | 7. | Civil surgeon, District Hospital | - Member-Secretary | (2) At least 50% of the members must be present in order to form quorum in any meeting of the District Committee. The representation from the Urban Local Body/ Municipal Corporation shall be compulsory. (3) The District Committee may form one or more team for the purpose of inspection of Clinical Establishments. Such team(s) shall comprise of a minimum of 4 members, from various disciplines including a representative from AYUSH and the representative of Urban Local Body shall compulsorily be present. (4) The reports of the Inspection Team(s) shall be placed before the District Committee for making recommendations to the Supervisory Authority in respect to Clinical recommendations to the Supervisory Authority in respect to Clinical Establishments, inspected by the team(s). ### 9. Appellate Authority. (1) Following authorities are delegated the powers to perform the functions of the Appellate Authority, to consider appeals against orders issued by the Supervisory Authority, as provided under Section 10 of the Act:- (a) Director of Health Services-In respect of all Allopathic Clinical Establishments, other than hospitals attached to Medical Colleges; (b) Director of Medical Education-In respect of Medial College Hospitals; (c) Director, AYUSH-In respect of Clinical Establishments belonging to Ayurveda, Yoga, Unani, Siddha and Homeopathy systems. (2) The Appellate Authority shall issue a written receipt for every appeal letter/application received by it and shall dispose of the appeal within 90 calendar days from the date of issue of the receipt. (3) The Appellate Authority may confirm, modify or set aside the Supervisory Authority's order or pass such an order as it may deem justified. ### 10. Prescribed Standards. (1) Every Clinical Establishment liable to obtain a license under the Act must fulfill the standards prescribed in Schedule 1 appended to these rules in this regard and it may be amended from time to time. (2) No Clinical Establishment shall be allowed to operate without a valid license after the expiry of 9 months from the date of notification of these rules. The time period includes the initial 3 months for application, followed by 6 months for inspection and rectification of gaps, found during the inspection by the District Committee, any delay in the inspection by the District Committee beyond 9 months from the date of notification of these rules, shall entitle the Clinical Establishment to continue its operations until the inspection is done by the committee. (3) The establishments who fail to comply with the prescribed standards after the above mentioned additional period shall not be issued license under Section 6 of the Act. (4) Notwithstanding any contained in sub-rule (2) of this rule, the Supervisory Authority may grant an existing Clinical Establishment further time for rectifying the gaps in respect of shortage of nursing staff only, provided that: (a) Such relaxation shall be given against a written request from the owner/proprietor of the Clinical Establishment; (b) The application for relaxation must be made along with the application for registration; (c) The maximum permissible time for rectification of gaps shall not be more than 3 years from the date of grant of registration; (d) During this period the unskilled and untrained staff working in the establishment shall have to undergo a course of nursing/ midwifery/ paramedical of 6 months duration and obtain a certificate under Chhattisgarh State Skill Development Mission; (e) After the relaxation period of 3 years all the standards as described herein the rules shall be applicable for the establishment and only qualified staff shall be allowed to work in the Clinical Establishment. ### 11. Procedure for issue of license. (1) Procedure for Registration and licensing of existing establishments shall be as follows :- (a) All Clinical Establishments already in existence on the date of notification of these Rules shall apply for registration to the office of the concerned Supervisory Authority within 90 days from the date of notification of these rules, as per the format given in Schedule 2. (b) As per section 5 of the Act, every application must be accompanied by fees as prescribed in Schedule 3 and in the form of a bank draft or postal order in the name of the Supervisory Authority. The fees prescribed in Schedule 3 may be revised from time to time; (c) The Supervisory Authority shall issue a Registration Certificate upon receipt of the application and prescribed fee. The Registration Certificate shall be issued in the format given in Schedule 4. The Registration Certificate shall be valid for a period of 6 months from the date of issuance; (d) The Supervisory Authority shall order the District Committee to inspect the Clinical Establishment of the applicant within the validity period of the registration Certificate to confirm (or otherwise) eligibility for issue of license; (e) Where the Establishment is certified to be operating as per the prescribed standards, the Supervisory Authority shall issue a license, under Section 3 and 6 of the Act, which shall be valid for a period of 5 years, as prescribed under Section 8 of the Act. The license shall be issued in the format given in Schedule 5; (f) Where it is found on inspection, that the establishment does not fulfill the prescribed standards, Supervisory Authority may refuse to issue a license; (g) Where the Establishment fails to obtain a license under these rules, the establishment shall have to apply afresh for license. The fee for application shall be same as prescribed for a new Clinical Establishment. Establishments applying for the second time under these rules shall not be issued Registration Certificate and the establishments shall not be deemed to be registered. (2) Procedure for Licensing of new establishments :- (a) Any new Clinical Establishment shall only be allowed to operate after obtaining a valid license, after Rules have been notified. (b) An applicant intending to set up a Clinical Establishment, after the notification of these Rules, shall apply to the concerned Supervisory Authority as per the format prescribed in Schedule 2 along with the fees prescribed in Schedule 3. (c) The Application form must indicate the date of commencement of Clinical Establishment which shall not be less than 30 days from the date of application. (d) The Supervisory Authority shall indicate a tentative date for inspection in its acknowledgement letter/receipt. (e) Where it is found on inspection that the Establishment does not fulfill the prescribed standards, Supervisory Authority may refuse to issue a license. (f) Where the establishment fails to obtain a license under these rules, the establishment shall have to apply afresh for license. The fee for application shall be same as prescribed for a new Clinical Establishment. Establishments applying for the second time under these Rules shall not be issued registration certificate and the establishments shall not be deemed to be registered. (3) General conditions applicable to all Clinical Establishments are as follow :- (a) The license shall be kept affixed in a conspicuous place in the Clinical Establishment in such a manner so as to be visible to everyone visiting the establishment; (b) In case the license is lost, destroyed, mutilated or damaged, the Supervisory Authority may issue a duplicate license against the application of the Clinical Establishment and after the payment of fees as prescribed in Schedule 3. A certificate of registration/ license issued under this rule shall be marked `Duplicate' in hand/seal. (c) The license shall be non transferable. In case of change of ownership or management, the Clinical Establishment shall inform the Supervisory Authority of any such change and shall have to apply again for registration or issuance of a fresh license, as the case may be. (d) In the event of change of ownership/change in the category of license/change in location or closure of the establishment, the license shall be surrendered to the supervisory authority. (e) All inspection reports of the Supervisory Authority shall be placed in the public domain and shall be available on demand to the general public; (f) License shall be issued/granted in the name of Establishment and the Proprietor and not in the name of the Owner; (g) In case of Multi-Speciality/Super-Speciality hospitals having Diagnostic Facilities or Physiotherapy Units separate application should be filed for licensing of such Diagnostic and Physiotherapy Units. Small Clinical Establishments where routine/small pathological procedures are carried out shall not require separate license under these rules. ### 12. Procedure for renewal of license. (1) Every Establishment must apply for renewal of its license at least 3 months before the date of expiry of its license. (2) The procedure for renewal shall be the same as for licensing of new Establishments. ### 13. Register of Clinical Establishments. (1) The Supervisory Authority shall maintain a register indicating category wise list of Clinical Establishments licensed to operate in its jurisdiction. The information shall be in the public domain and shall be available on demand to the General Public. (2) The Register shall be prepared and updated in the format prescribed in Schedule 6 (Table 1) which may be amended from time to time. ### 14. Records to be maintained by Clinical Establishments. - Every Clinical Establishment shall maintain such records of patient treated and/or admitted by it for treatment as prescribed in Schedule 7 and may be amended from time to time. ### 15. Reporting of contagious or communicable/notifiable diseases. (1) Every Clinical Establishment shall submit the report data and statistics on contagious or communicable/notifiable diseases to the Chief Medical and Health Officer of the concerned district:- (a) Immediate written report through e-mail or Fax ((within 24 hours or on next working day in case of holidays) as per format in Schedule 8 in case a person with any of the following notifiable diseases is received/ admitted/treated by a Clinical Establishment like : Dengue, Swine Flu, Bird Flu, Tuberculosis, Small Pox, Cholera, Plague, Scarlet fever, Yellow fever, Diphtheria, Typhus, Relapsing Fever, Cerebrospinal Fever, Poliomyelitis, Viral Encephalitis, AIDS, Meningococcal Meningitis or any other disease notified by the Government of India, from time to time; (b) Monthly report as per format in Schedule 9. ### 16. Participation in National/State Public Health Programmes. - Every Clinical Establishment shall participate in all National/State Public Heath Programmes subject to such guidelines which the Directorate of Health Services may issue in this regard from time to time. Participation under various schemes of National/State Government shall be voluntary. Statistical reports of National or State Programmes/Schemes like-Delivery, Casearean Section Operation, Immunization, Sterilization operation under Family welfare, Cataract, Sickle Cell etc. shall be produced before the Chief Medical and Health Officer of the concerned District when demanded. ### 17. Obligation to secure Patient's Convenience. (1) Every Clinical Establishment shall ensure that the patient and/or a person authorized by him/ her receives following :- (a) The relevant information about the nature, cause, likely outcome of the present illness/treatment/operation. (b) The relevant information about expected costs and complications. (c) An access to his/her clinical records, at all times during admission and treatment and after discharge. (d) Photocopy of medical records after discharge or death (after paying fees for photocopy, if necessary). (e) A discharge summary at the time of discharge, which should contain date of admission/discharge, diagnosis, treatment given, operations, investigations, and follow up. (2) Every Clinical Establishment shall ensure following rights of the patient and his/her attendant: (a) Right to dignity and privacy during examination, procedures and treatment. (b) Right to get informed consent before anaesthesia, blood and blood product transfusions and invasive/high risk procedures/ treatment, risks, benefit, alternatives if any and as to who shall perform the requisite procedure. Informed consent includes information in a language and in manner that the patient can understand; can take risks and benefits; alternatives available and requisite procedures to be performed accordingly; (c) Right of a female patient to have proper privacy during examination. In case of examination by a male doctor, a female attendant must be present; (d) Rights to confidentiality of reports. Such reports and information not to be disclosed to anyone other than the patient or person authorized by the patient. (e) Right of a person suffering from HIV to receive care without any discrimination. Not having a Voluntary Testing and Counselling Centre cannot be a ground to refuse care. For management of patients who are HIV positive, the nursing home should follow guidelines circulated by NACO (National AIDS Control Organization) from time to time. (f) Right to dignity in case of death or withholding of the body by the hospital; (g) Right to referral/transfer to any other facility that the patient or his/her attendant may want/wish. (h) Right to be asked for a prior consent before being examined by students/ interns for training. (3) The indoor patients shall be considered to be under custody of the treating physician who shall be solely responsible for safety of such patients. ### 18. Procedure of Receipt and Registration of Complaints (Grievance Redressal). (1) All communications/complaints in writing (by whatsoever mode they are received) addressed to the Supervisory Authority, either by name or designation, shall be received by the office of the Supervisory Authority. (2) All complaints shall be duly recorded and serially numbered in a register to be maintained by the office of the Supervisory Authority indicating sender's name and address of the complainant as prescribed in Table 2 of Schedule 6. (3) Complaints received by hand shall be immediately registered and an acknowledgment receipt issued across the counter. Complaints received through other modes shall be registered within 1 working day from the date of the receipt of the complaint. (4) For complaints received through mail/email/fax, an acknowledgment shall be sent to the complainant within 3 working days of the receipt of the complaint. (5) Complaints and other communications requiring urgent attention shall be placed expeditiously before Supervisory Authority. (6) The complaints received in respect to the Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Niyam, 2013, shall be examined through a Committee formed by the Supervisory Authority of the concerned District. The Chairpersons of such committee shall be of a rank higher or equivalent to a Deputy Collector and shall include a specialist doctor of the concerned discipline. ### 19. Miscellaneous. (1) Employees of the Supervisory Authority to be public servants-The staff of the office of the Supervisory Authority shall be deemed to be public servants within the meaning of section 21 of Indian Penal Code, 1860. (2) The Supervisory Authority shall have the power to cancel the license of any Clinical Establishment found to be in any unethical practices. (3) Amendments to the rules and/or its schedules-The Government may amend these Rules and/or the Schedules, thereof, from time to time. Schedule 1 ------------ [See Rule 10] Standards for Clinical Establishment A. Standard for Clinics ### 1. Minimum Infrastructure Requirement 1.1 Location and Surroundings. - 1.1.1 The clinic shall be located in an open place, having clean surroundings with adequate parking space. 1.1.2 The clinic shall not be adjacent to on open sewer, drain or public lavatory or to a factory/establishment emitting smoke or obnoxious odour. 1.2 Building. - 1.2.1 The building used for the clinic shall comply with the relevant municipal bye-laws enforced form time to time. 1.2.2 The access to the clinic building shall be friendly for the persons with disability. 1.2.3 The rooms of the clinic shall be well ventilated, lighted and shall be kept in clean and hygienic conditions. 1.2.4 The flooring shall be washable with disinfectants such as not to permit retention or accumulation of dust. 1.2.5 Arrangement for taking anti infective/disinfection measures in all clinical procedure shall be available. 1.2.6 Each clinic shall have clean and hygienic toilet. ### 2. Space Requirements : 2.1 Individual Allopathic clinics - It should have following minimum standards:- • Consultation/Treatment room and waiting area 200 sq.ft 2.2 Individual AYUSH Clinic. - It shall have the following minimum standards:- • Consultation/Treatment room and waiting area 200sq.ft ### 3. Emergency First Aid. - 3.1 Every doctor has a professional obligation to extend services to protect life. All the clinics must provide immediate medical aid cases of medical emergency. All clinics providing medical care and are registered under these rules must have the following functional life saving equipment:- 3.1.1 Ambu Bag 3.1.2 Oxygen cylinder with flow meter, catheter and mask 3.1.3 IV infusion set and IV fluids like Normal saline, dextrose and ringer lactate 3.1.4 There should be staff trained in cardio pulmonary resuscitation 3.1.5 Emergency Medicines 3.2 In case a patient is brought in a critical condition to a clinic and it is decided to refer the patient to a hospital, the patient shall be treated and stabilized before being referred/shifted to the hospital, provided also that the patient shall be transferred to a higher centre or Nursing Home/Hospital, accompanied by a medical attendant along with all medical records (including X-rays, investigation reports, clinical notes). 3.3 It is also expected that the doctor who had treated the patient initially shall keep in touch with the institution to which the patient has been transferred to, so as to remain aware of the patient's condition. ### 4. Entrance zone. - 4.1 Signage. - 4.1.1 Prominent display boards in local language and Pictorial depiction. 4.1.2 Boards/Charts providing information regarding the services available and the timings of the institute. 4.1.3 Boards or charts mentioning Proprietor's Name, Name of the doctor, his qualification, Stream of medicine practised, Address, Telephone number, email Id (if any). 4.2 Outpatient Department. - 4.2.1 Clinics for various medical disciplines-If there are more than one clinics in an Establishment then there should be separate cabins for various disciplines in the clinic with separate provision for examination which ensures privacy to the patient. The cabins should be provided with Doctor's Chair Table, Patients Chair, Attendants' Seat, Wash Basin, X Ray Film View Box and other set of tools as may be required for different disciplines. 4.2.2 Separate toilets for male and female in the premises in case of Polyclinics and common toilet in case of a single clinic. 4.2.3 If there is a pharmacy in the premises, it should be located in an area conveniently accessible to the patients. 4.2.4 Emergency Room : The emergency room should have an easy access to the incoming patients. 4.2.5 Treatment Room : • Minor OT • Dressing Room/Injection Room ### 5. Human Resource. ### 6. Support Services: 6.1 Electricity. - Provision for continuous supply of electricity and power back up should be there. 6.2 Water Supply. - Provision for safe drinking water and hand washing arrangements shall be there. 6.3 All Clinics have to maintain firefighting equipments like extinguishers as prescribed by municipal authorities. ### 7. Waste Disposal. - The Disposal of wastes in the hospital shall be in accordance with Bio-Medical Waste (Management and Handling) Rules, 1998. Provisions shall be made for segregation and safe disposal of biomedical wastes, sharps and syringes either their own resources or through tie-up with Common Biomedical Waste Treatment Facilities. B. Standard for Medical Laboratory ### 1. Pathological laboratory a. Small Lab : Routine clinical Procedures like HB, TLC, DLC, Urine Sugar (Blood and Urine) b. Large Lab : Above Procedures plus Blood-Urea, Cholesterol, RFT, LFT, Lipid Profile, Bio Chemistry, Microbiology, Histopathology, Common Hormone Assay : T3, T4, TSH, Prolactin, Urine and Blood Culture, Elisa Test etc. The minimum area of the laboratory should be : 120 + 40 Sq. ft. 1.1 The clinical laboratory shall be provided with 600 mm wide and 900 mm high bench of length about 2 metres per technician and enough room for pathologist in charge of the laboratory. Each laboratory bench should have a laboratory sink with swan neck fittings, reagent shelving, gas and power point and counter cabinet. Top of the laboratory bench should be acid alkali proof. 1.2 All clinical laboratories should keep records properly with the name of the patients, their address and the name of the referral doctor along with details of investigation results. 1.3 All Pathology labs have to maintain firefighting equipments like extinguishers as prescribed by municipal authorities. 1.4 All labs should have Personnel Protective Equipment (PPF) for the staff. 1.5 Clean toilet facility for sample collection with due privacy. 1.6 Supervisory Doctor- 1.6.1 Minimum qualification to run a small Laboratory is an MBBS degree. 1.6.2 Minimum qualification to run a large Laboratory shall be MD/DCP in Pathology. 1.7 Technical Personal - The technical person performing tests under the supervision of the supervisory doctor should have the following qualifications :- 1.7.1 Diploma in Medical Laboratory Technology (with a course of atleast of one year duration) awarded by a University, State Government, Central Technical Board. 1.7.2 Any such course approved by the Government of Chhattisgarh, from time to time. 1.8 Collection Centre. - Collection Centre can be run by a DMLT or a trained nurse. The collection centre should have a room of atleast 80 sq ft area, where facilities of collection and storage of samples and proper transportation of samples from centre to medical lab should be provided. The transportation should be done carefully with proper maintenance of cold chain. ### 2. Radiology and Imaging. - 2.1 The role of Radiology Centre is to provide Radio Diagnostic Services and therefore, it shall be run by qualified specialist in Radiology and Imaging. 2.2 The Radio Diagnosis Units generally deal with Radiography, Ultrasonography (USG) , Nuclear medicine, and Computed Axial Tomography Scanner (CT Scan), Magnetic Resonance Imaging (MRI) etc. 2.3 Such Units shall have X-Ray and normal Ultrasonography facilities. Apart from this it shall have facilities like Colour Doppler, Echocardiography, Computed Axial Tomography Scan (CT scan), Magnetic Resonance Imaging (MRI) and other Nuclear Medicine related tests. 2.4 All Establishments having Radiology and Imaging facilities must fulfill the clauses laid down in the SAFETY MANUAL prepared by ATOMIC ENERGY REGULATORY BOARD. Some of the points include :- • Availability of lead screen near the control panel and lead aprons for technicians. • Availability of TLD badges with routine evaluation of technicians for exposure to radioactive rays. • Prominent display of logo and caution signage especially for the pregnant ladies in local language. • The walls of room where primary beam falls shall not be less than 35 mm thick and walls on which the scattered beam falls shall not be less than 23 mm thick. • Windows shall be lead painted or shielded with 1.7 mm lead, if there. 2.5 The Center should have been approved by the Atomic Energy Regulatory Body. ### 3. Ultrasonography. - 3.1 All Establishments performing Ultrasonography should have license under the PC-PNDT Act. 3.2 In case the Ultrasonic facility maintains a portable machine, the use of such machine shall be limited to the hospital premises as prescribed under the PNDT guidelines. ### 4. Qualifications. - 4.1 Supervisory Doctor. - 4.1.1 Minimum qualification for X-Ray and Sonography shall be MBBS with Training/Diploma in a relevant discipline, approved by the Government of Chhattisgarh. 4.1.2 Minimum qualification for higher levels of services (CT Scan, MRI etc.) shall be MD Radiology/Radio Diagnosis/Diploma in Medical Radiology and Electrology/Diploma in Medical Radio Diagnosis/Diploma in Medical Radiology or any other Qualification/Degree or Diploma recognized by MCI. 4.2 Technical Personnel.-The technical person performing the tests under supervision of the supervisory doctor should have one of the following qualifications :- 4.2.1 Diploma in X-ray and Imaging awarded by a University, State Government or Central Technical Board. 4.2.2 Any such course approved by Government of Chhattisgarh, from time to time. ### 5. Support Services. - 5.1 Electricity-Provision for continuous supply of electricity and power back up shall be there. 5.2 Water Supply-Provision for safe drinking water and hand washing arrangements shall be there. 5.3 All Radiology Labs have to maintain firefighting equipments like extinguisher as prescribed by Municipal Authorities. ### 6. Equipment. - 6.1 The Centers must be provided with all instruments/equipments required for emergency & basic life support. 6.2 The clinic providing interventional/contrast studies must have instruments/ equipments/medicines to deal with any allergic and/or anaphylactic complications that may arise. ### 7. Waste Disposal. - The Disposal of wastes in the hospital shall be in accordance with Bio-Medical Waste (Management and Handling) Rules, 1998. Provisions shall be made for segregation and safe disposal of biomedical wastes, sharps and syringes either by their own resources or through tie-up with Common Biomedical Waste Treatment Facilities. C. Standards For Maternity Homes (Definition as per 2(e) of the Act) ### 1. Minimum Infrastructure and Space Requirements for OPD of the maternity home. - Must fulfill the standard prescribed for the clinics in Part A of this Schedule. ### 2. Apart from the above. - The basic minimum facilities to be provided by the Maternity Home are as follows : 2.1 Maternity Facilities- a. All Maternity Homes should be able to carry out procedures like Suction and Evacuation, Dilatation And Curettage, Caesarean Section and Caesarean Hysterectomy on an emergency basis. b. Blood transfusion facilities should be available within the premises or a dedicated blood bank facility on the panel of the institution. The names, addresses and telephone numbers of such licensed blood banks to be prominently displayed; c. Maternity Homes should have Gynecologists, Surgeons, Anesthetists, and Pediatricians on roles. d. Provision for hot water shall be there. All maternity homes must have : 2.2 OPD Area - The minimum standards for all individual OPDs shall have to be as mentioned in the standards for Clinics in Part A of this Schedule. 2.3 IPD Block. - | | | | --- | --- | | Item | Minimum Area Required | | Floor space per bed in ward | 100 sq. ft. for one bed and additional 60 sq. ft. for every additional bed in the room | | Distance between two beds | 6 ft. | | Clearance between bed and wall | 6 inches | | Width of doors in the wall | 3 ft. | | Bath & toilet | 36 sq. ft. | | Number of urinals | 1 per 6 bed | | Number of toilets and baths | l per 6 bed | | Number of wash basins | 1 per 10 bed | | Operation Theatre (sterile zone) | 300 sq feet | | Instrument Sterilization | 50 sq. ft. | | Scrubbing up (there should be proper zoning into protective, clean zone and sterile zone | 25 sq. ft. | | Labour Room with Toilets | 140 sq. ft. + 20 sq. ft. | | Doctor's Duty Room | 100 sq. ft. (with toilet) | | Nurses Station | 100 sq. ft. (with toilet) | | Ward Store | 100 sq.ft. | | Trolley Bay | 30 sq.ft. | | Consulting Room and Examination Room | 120 sq. ft. | 2.4 Labour Room. - a. Labour table b. New Bom Resuscitation Unit c. Emergency Medicines d. Shadow Less Lamp e. Instruments for Assisted Deliveries f. Minor Surgical Instruments 2.5 New Born care area - a. This unit shall be located within or in close proximity to labour room b. Radiant Warmers must be kept in this area. c. Emergency Medicines d. Suction Machines ### 3. Minimum equipments required for Maternity home : a. Labour Table b. Foetal Monitor (Doppler or Cardiotocograph) c. Neonatal Resuscitation Kit d. One suction machine with power back up & one standby foot suction machine e. Minimum one oxygen cylinder for 8 beds or part with one standby cylinder. f. Ambu bag. Oxygen mask catheter, arid nebulizers g. Minimum one Infant warmer. h. All instruments equipments required for emergency & basic life support. i. Emergency Tray, j. Dressing Trolley. k. Instruments & equipments required for Emergency Obstetric Care. (LSCS, Obstetric Hysterectomy, Forceps,) l. Defibrillator ### 4. Diagnostic Service. - Diagnostics Services Like Pathological Lab, USG, Foetal Monitor and empanelled blood bank tie up, portable, X-ray, ECG machine, if available shall be as per the standards prescribed in Standards of Diagnostics in Part B of this Schedule. ### 5. Support Service. - a. Electricity-Provisions for continuous supply of electricity and power back up shall be there. b. Water Supply-Provision for safe drinking water and hand washing arrangements shall be there. c. Fire safety-All Maternity Homes have to maintain firefighting equipments like fire extinguishers. ### 6. Waste Disposal. - The Disposal of waste in the hospital shall be in accordance with the Bio-Medical Waste (Management and Handling) Rules, 1998. Provisions shall be made for segregation and safe disposal of biomedical wastes, sharps and syringes either by their own resources or through tie-up with Common Biomedical Waste Treatment Facilities. D. Standards for Physiotherapy Unit It is an establishment where massaging, electrotherapy, hydrotherapy, medical gymnastics or any other similar processes are usually carried on for the purpose of treatment of disease or deformity. Following standards shall be maintained for the Physiotherapy Unit:- ### 1. Minimum Infrastructure and Space Requirements. - Same as described for a clinic in Part A of this Schedule. ### 2. Human Resource. - 2.1 Such Establishments shall be under direct supervision of Bachelor of Physiotherapy from a recognised university or institute. 2.2 Male or female employees providing such therapy should be under direct supervision of a qualified Physiotherapist as mentioned above and shall possess a minimum qualification of higher secondary and minimum practical experience as prescribed by the MCI in Physiotherapy department of any hospital. ### 3. Equipments. - | | | | | | --- | --- | --- | --- | | 1. | Short Wave Diathermy | 2. | Microwave diathermy | | 3. | Magnetic Therapy | 4. | Laser therapy | | 5. | Interferential therapy | 6. | Lumbar Traction and Cervical Traction | | 7. | Paraffin was bath | 8. | Hot packs | | 9. | Ultra sound therapy | | | ### 4. Support Services : a. Electricity.-Provision for continuous supply of electricity and power back up shall be there. b. Water Supply.-Provision for safe drinking water and hand washing arrangements shall be there. c. Fire safety-All Physiotherapy Units have to maintain firefighting equipment like fire extinguishers. ### 5. Waste Disposal. - The Disposal of wastes in the hospital should be in accordance with Bio-medical Waste (Management and Handling) Rules, 1998. Provisions shall be made for segregation and safe disposal of biomedical wastes, sharps and syringes either by their own resources or through' tie-up with Common Biomedical Waste Treatment Facilities. E. Hospitals and Nursing Homes ### 1. The Basic Minimum Facilities Provided by a Nursing Home/Hospitals includes: 1.1 Emergency First Aid. - As described for a clinic in part A of this Schedule. 1.2 Indoor Admission facilities.-The Hospital/Nursing Home shall provide facilities for various disciplines. 1.3 Other Services : 1.3.1 The facility shall have ear-marked space for OPD block in the standards as prescribed for clinics in Part A of this Schedule. 1.3.2 Services of one Medical Practitioner on duty shall be available 24hrs for attending to emergency call of the indoor patients. 24hrs duty of Medical Practitioner shall not be compulsory if Day Care Centres are available. But availability of Doctor is compulsory till a patient is there in the Hospital. 1.3.3 Diagnostic Services if available shall be as per standards prescribed for Medical Laboratories in part B of this Schedule. 1.3.4 Services of Physiotherapist if available shall be as per standards prescribed for Physiotherapy Units in Part D of this Schedule. ### 2. OPD Block. - Minimum Infrastructure requirement: As prescribed for a clinic. ### 3. Entrance zone. - As prescribed for a clinic. ### 4. Inpatient Department: 4.1 Wards- a. The ward Should have enough space between beds (as described in clause 8 of Part E of this Schedule) b. Separate toilets for males and females c. Separate room for infectious patients d. Fire fighting equipments/evacuation plan/exit plan and fire alarm e. Emergency Tray f. Suction Machine g. Oxygen cylinder with Mask & Ambu bag h. Dressing Trolley i. Separate wards for male and females. 4.2 Intensive Care Unit (If available). - Intensive Care Unit shall be well supported by medical and paramedical staff in order to provide Resuscitation and Short term Cardio Respiratory Support including Defibrillation. Following standards shall be maintained for Intensive Care Units :- a. Entrance door-4 ft. wide b. Space per ICU bed-100 sq. ft. c. Distance between two adjacent beds-3.5 ft d. Curtain/partition between beds e. Bedside Supply-centralised oxygen supply facilities must be available. f. Suction Machine beside each bed g. Non Invasive Electronic Monitoring-SP02, HR, Rhythm, NIBP, ECG, Temperature. h. Ventilator And Defibrillator i. Crash Cart Trolley/Resuscitation Tray j. In-House Basic Clinical Lab k. Imaging Facilities-X-Ray, USG, ECG l. Qualified Resident Medical Officer m. Nurse and support staff n. Separate hand washing facility o. Wheelchairs/Stretchers p. Separate Medicine and Consumable Storage. 4.3 Operation Theatre Complex/Zone- a. Pre-operative room/area b. Changing room for staff c. Scrub Area d. Sterilization Room e. Store f. Provision for hot water g. Operation Table h. Shadow Less Lamps i. Post-Operative (Recovery) Room 4.4 Labour Room. - As prescribed for Maternity Homes in Part C of this Schedule. 4.5 New Born Care Unit. - As prescribed for Maternity Homes in Part C of this Schedule. ### 5. Support Services and Necessary Requirements For Staff: 5.1 Support Services: a. Diet.-Diet may either be outsourced or adequate separate space for cooking shall be provided Hygienic food as advised by physicians shall be available to the patients. b. CSSD (Central Sterile Supply Department) (Compulsory for hospitals with 100 beds or more)-Adequate space and standard procedure for sterilization and sterile storage shall be available. A practical protocol for quality assurance of CSSD shall be developed. c. Laundry.-There shall be separate storage facility for dirty and clean linen and also for infected/soiled and non-infected linen/non soiled linen. d. Electricity.-Provision for continuous supply of electricity and power back up shall be there. e. Water Supply.-Provision for safe drinking water and hand washing arrangements shall be there. f. Fire Fighting equipments-All hospitals to have fire fighting equipments like Fire Extinguishers. 5.2 Necessary requirements for staff- a. The staff employed shall be free from any contagious disease and shall be provided with clean uniforms suitable to the nature of their duties. b. The workers shall be medically examined at the time of employment and periodical checks of the staff should be done. c. Staff should be ensured for medical hazards and statutory rules of employment should be followed. ### 6. Equipment. - The Nursing Home shall provide and maintain the following :- a. All instruments/equipments required for emergency & basic life support. b. ECG Machine c. Emergency Tray d. One Suction Machine & one Standby Foot Suction Machine e. Minimum one oxygen cylinder for 8 beds with one Standby Cylinder f. Defibrillator g. Infusion Pump h. Dressing trolley i. Facility for power back up j. Fire Fighting Equipments/Evacuation Plan 6.1 Minimum requirements of Operation Theatre- a. Operation Table. b. Boyles Machine. c. Laryngoscope with 5 blades of different sizes. d. Endo Tracheal Tubes all sizes with connections. e. Pulse Oxymeter/Multi-Parameter Monitor. f. Electric Suction Machine with generator connection. g. Foot Suction Machine. h. Emergency Tray with Medicines. i. Autoclave. j. Shadow Less Lamp. k. Electric Cautery. ### 1. Defibrillator. m. Oxygen cylinder in sufficient number. 6.2 Minimum Instruments and equipments required for Nursing Home/ Hospital. - Minimum required instruments & equipments shall vary as per particular specialty/super speciality, however, a list has been provided as per Indian Public Health Standards (Annexure-A). ### 7. Requirement of Human Resource in case of Super-Speciality/Multi-Speciality Hospitals as per availability. - Hospitals/Nursing Homes offering multi-speciality/super-speciality services must have specialists in the relevant discipline either on their pay roll or as a panelist in their list of consultants. The minimum qualification required for such specialists shall be as indicated in the table below :- | | | | --- | --- | | Speciality/ Discipline | Desirable Qualifications | | Super Specialist | DNB/MCH/DM/Post PG Diploma/Fellowship | | General Surgeon | MS/DNB, (General Surgery) | | Physician | MD/DNB, (General Medicine) | | Obstertrician & Gynaecologist | DGO (OBG) /MS/DNB/MD | | Paediatrics | DCH/MD (Paediatrics) /DNB | | Orthopaedics | MS/DNB/D, ORTH | | ENT Specialist | MS/DLO | | Anaesthetist | MD (Anaesthesia) /DNB/DA | | Eye surgeon | MD/MS/DOMS/DNB/(Ophthalmology) | | Dental Surgeon | BDS | | Pathologist | MD/DNB/DCP / | | Radiologist | MD/DNB/DMRE/DMRD/DMR | | Psychiatrist | MD/DPM/DNB | | Dermatologist | MD/DNB/Diploma | | General Practitioner (allopathy) | MBBS/or any other degree in allopathic medicine | | General practitioner (ayush) | BAMS/BHMS/Siddha/Yoga | | Specialist of AYUSH | Post Graduate in AYUSH | 7.1 Resident Medical Officers/General Duty Medical Officers. - Every Hospital/ Nursing Home must have at least one Resident Medical Officer/General Duty Medical Officer for every 20 beds. 7.2 Nursing staff and other supportive staff. - Minimum nursing and other support staff shall be in the ratio indicated below : | | | | | | --- | --- | --- | --- | | S. No. | Category of Staff which should be available in any nursing home/ hospital/maternity home | For how many Patients | Number to be provided | | 1. | Nurse/Midwife | 20 beds or its part | 1 | | 2. | General Duty Attendant | 20 beds or its part | 1 | | 3. | Sweeper | 10 beds or its part | 1 | | \*This is on 8 hourly basis (per shift) | ### 8. Physical Standards. - Specification of areas for Clinical Establishment | | | | --- | --- | | Item | Minimum Area Required | | Minimum floor space per bed in ward | 100 sq. ft. for one bed and additional 60 sq. ft. for every additional bed in the room | | Minimum distance between two bets | 6 ft. | | Minimum clearance between bed and wall | 60 mm | | Minimum width of doors in the wall | 3 ft. | | Bath & Toilet | 36 sq. ft. | | Number of Toilets and Baths | 1 per 6 bed | | Number of Wash Basins | 1 per 10 bed | | Minimum area of Operation Theatre (sterile zone) up to 10 beds | 140 sq. ft. | | >10 and <30 beds | 200 sq. ft. | | >30 beds | 300 sq. ft. | | Area for Instrument Sterilization | 50 sq. ft. | | Area for scrubbing up | 25 sq. ft. | | Area for pantry (NH more than 20 beds) | 80 sq. ft. | | Labour room with Toilets | 140 sq. ft. + 20 sq. ft. | | Doctor's duty room | 100 sq. ft. (with toilet) | | Nurses Station | 100 sq. ft. (with toilet) | | Area for USG | As per PNDT Guidelines | | Area for laboratory | 120 sq. ft. + 40 sq. ft. | | Physiotherapy unit with equipments | 160 sq. ft. | | Ward Store | 100 sq. ft. | | Trolly Bay | 30 sq. ft. | | Consulting Room and Examination Room | 120 sq. ft. | ### 9. Emergency Medical Services. - 9.1 All Nursing Homes wherever registered medical practitioner/s are engaged, must primarily attend the emergency patients and provide basic life support without considering the financial ability of the patient, and then refer, if necessary, to the nearest private/public hospital with suitable medical report about the ailments, as early as possible. Golden Hour Treatment Protocols shall be followed. 9.2 Every Nursing Home shall have all logistics for emergency basis life support with trained medical and paramedical personnel. 9.3 Every nursing home shall ensure that they must prescribe rational drugs to their patients and follow the provisions of the Drugs and Cosmetics Act, 1940. 9.4 Every Nursing Home has a professional obligation to extend its services with due expertise for protecting life in emergency or in disaster. ### 10. Waste Disposal. - The Disposal of wastes in the hospital shall be in accordance with Bio-Medical Waste (Management and Handling) Rules, 1998. Provisions shall be made for segregation and safe disposal of biomedical wastes, sharps and syringes either by their own resources or through tie-up with Common Biomedical Waste Treatment Facilities. Schedule 2 ------------ [See Rule 11] Form CE 1 : Application for Registration/issuance of License/ Renewal of License [Clinic (Allopathic Ayush) And Physiotherapy Unit] Application for Registration/Renewal of registration under the Chhisttisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Adhiniyam, 2010. | | | | --- | --- | | 1. | Name of the establishment:..................................................................... | | 2. | Address : Village/Town :....................Taluka.................................... | | | District:.......................... State....................... Pin code.................................. | | | Tel. No. (With STD code)........................... Fax No.................................... | | | Email id …............................................ Mobile No................................ | | 3. | Year of starting : .......................................................................................................................... | | 4. | Location: | {| | | | | Municipal Corporation | {| |- | |} | Others |- | 5. | Ownership: | {| |- | |} | Individual Proprietorship | {| |- | |} | Registered Partnership |- | | | {| |- | |} | Registered Company | {| |- | |} | Co-operative Society |- | | | {| |- | |} | Trust/Charitable | {| |- | |} | PSU | {| |- | |} | Corporation |- | 6. | Name of owner of clinic : .............................................................................................. |- | 7. | Name of person incharge of clinic :..................................................................................... |- | | Designation...................................................... Education Qualification.................................... |- | | Address : Village/Town:............................................ Taluka.................................................... |- | | District:.......................................... State.................................... Pin Code..................... |- | | Tel. No. (With STD code) …................................................. Fax No.............. |- | | Email id.........................................Mobile No................................................. |- | 8. | System of Medicine offers (please tick whichever is applicable): |- | | {| |- | |} | Allopathy | {| |- | |} | Ayurveda | {| |- | |} | Unani | {| |- | |} | Siddha |- | | {| |- | |} | Homeopathy | {| |- | |} | Yoga and Naturopathy | {| |- | |} | Physiotherapy |- | 9. | Infrastructure Details : |- | | Area of Establishment (in sq. ft.)....................................................................... |- | | Total Area................Constructed Area...................... |- | 10. | Whether biomedical waste disposal license obtained from Panchayat/ Municipality/Municipal Corporation ? |- | | {| |- | |} | Yes | {| |- | |} | No. | |- | 11. | Whether clearance obtained from CG Environment Conservation Board ? |- | | {| |- | |} | Yes | {| |- | |} | No. | | | | |- | 12. | Human resource : |- | | Total no. of staff as on date of application ....................... |- | | Please furnish the following table :- |- | | {| |- | S. No. | Category of staff | Name | Qualification | Registration No. (where applicable) | Nature of service temporary/ permanent/ visiting/ consultation |- | | | | | | |- | | | | | | |} (Separate sheet to be attached for various categories of staff) |- | | |- | 13. | Payment option for registration fees : |- | | 1. Online payment | | | 2. Demand Draft | | 3. Postal order |- | | Amount (in words)......................................................................................................................... |- | | Details ................................................................................................................................... |- | | Receipt No........................................................................................................................................ |} Declaration I, .......................on my behalf and on behalf of my company/ society/ association/body, hereby, declare that the statements made above are correct and true to the best of my knowledge and I shall abide by all the rules and regulations under the Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Niyam, 2013. I, further undertake to intimate to the appropriate Registering Authority any change in particulars given above. | | | | --- | --- | | Place : | Name of Signatory Authority with | | Date : | Official Seal | Form-CE-2 : Application for Registration/issuance of License/ Renewal of License [Medical Laboratory and Diagnostic Services] Application for Registration/Renewal of registration under The Chhisttisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Adhiniyam, 2010. | | | | --- | --- | | 1. | Name of the establishment:...................................................... | | 2. | Address : Village/Town :......................................Taluka.............................. | | | District:..................State.................Pin code...................... | | | Tel. No. (With STD code)..........................Fax No....................... | | | Email id..........................Mobile No.................................... | | 3. | Year of starting : ............................................................. | | 4. | Location : | {| | | | | Municipal Corporation | {| |- | |} | Others |- | 5. | Ownership: | {| |- | |} | Individual Proprietorship | {| |- | |} | Registered Partnership |- | | | {| |- | |} | Registered Company | {| |- | |} | Co-operative Society |- | | | {| |- | |} | Trust/Charitable | {| |- | |} | PSU | {| |- | |} | Corporation |- | 6. | Name of owner Medical Laboratory : ............................................ |- | 7. | Name of person incharge of Medical Laboratory : ............................... |- | | Designation......................Education Qualification...................... |- | | Address : Village/Town:..................Taluka............................... |- | | District:................State Pin Code........ Tel. No. (With STD code) Fax No...... |- | | Email id......................... Mobile No................................... |- | 8. | Providing testing and Diagnosis: |- | | Laboratory : |- | | {| |- | |} | Pathology Lab | {| |- | |} | Collection Center |- | | Diagnostic and imaging centre : |- | | {| |- | |} | X-ray | {| |- | |} | Sonography | {| |- | |} | CT Scan |- | | | | | --- | | | | Magnetic Resonance Imaging (MRI) | {| |- | |} | Isotope Scans | {| |- | |} | Any other |- | 9. | Infrastructure Details: |- | | Area of Establishment (in sq. ft.)................................................. |- | | Total Area ...................................... Constructed Area..................................................... |- | 10. | Whether biomedical waste disposal license obtained from Panchayat/ Municipality/Municipal Corporation ? |- | | {| |- | |} | Yes | {| |- | |} | No |- | 11. | Whether clearance obtained from CG Environment Conservation Board ? |- | | {| |- | |} | Yes | {| |- | |} | No |- | 12. | Whether clearance obtained from B ARC/AERB ? |- | | {| |- | |} | Yes | | | | --- | | | | No |- | 13. | Whether registered under PC-PNDT Act ? |- | | {| |- | |} | Yes | | | | --- | | | | No |- | 14. | Human resource : |- | | Total no. of staff as on date of application ...................................... |- | | Please furnish the following table |- | | {| |- | S. No. | Category of staff | Name | Qualification | Registration No. (where applicable) | Nature of service |- | | | | | | |- | | | | | | |- | | | | | | |- | | | | | | |} (Separate sheet to be attached for various categories of staff) |- | 15. | Payment option for registration fees : |- | | 1. Online payment | | 2. Demand Draft | | 3. Postal order |- | | Amount (in words)...................................................................................................... |- | | Details.......................................................................................................................... |- | | Receipt No................................................................................................................. |} Declaration I, ......................on my behalf and on behalf of my company/society/ association/body, hereby, declare that the statements made above are correct and true to the best of my knowledge and I shall abide by all the rules and regulations under the Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Niyam, 2013. I, further undertake to intimate to the appropriate Registering Authority any change in particulars given above. | | | | --- | --- | | Place : | Name of Signatory Authority with | | Date: | Official Seal | Form-CE-3 : Application for Registration/issuance of License/ Renewal of License [Hospital/maternity Homes/nursing Homes] Application for Registration/Renewal of Hospital/Maternity Homes/Nursing Home registration under The Chhisttisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Adhiniyam, 2010. | | | | --- | --- | | 1. | Name of the establishment:............................................ | | 2. | Address : Village/Town:................................Taluka............... | | | District:.....................State Pin code.. | | | Tel. No. (With STD code)............................Fax No...................... | | | Email id...........................Mobile No................................... | | 3. | Year of starting : ............................................. | | 4. | Location : | {| | | | | Municipal Corporation | {| |- | |} | Others |- | 5. | Ownership : | {| |- | |} | Individual Proprietorship | {| |- | |} | Registered Partnership |- | | | {| |- | |} | Registered Company | {| |- | |} | Co-operative Society |- | | | {| |- | |} | Trust/Charitable | {| |- | |} | PSU | {| |- | |} | Corporation |- | 6. | Name of owner of Hospital/Maternity Homes/Nursing Homes):............................................................................................................................................................................... |- | 7. | Name of person in-charge :................................................................................................................ |- | | Designation.............................................Education Qualification...................................................... |- | | Address : Village/Town :..............................................Taluka.......................................................... |- | | District:............................. State................................... Pin Code.................................................. |- | | Tel. No. (With STD code)........................................ Fax No............................................................ |- | | Email id............................................... Mobile No............................................................................ |- | 8. | System of Medicine offered (please tick whichever is applicable): |- | | {| |- | |} | Allopathy | {| |- | |} | Ayurveda | {| |- | |} | Siddha | {| |- | |} | Unani |- | | {| |- | |} | Homeopathy | {| |- | |} | Yoga and Naturopathy |- | 9. | Providing inpatient care : |- | | {| |- | |} | Hospital | {| |- | |} | Nursing Home | {| |- | |} | Maternity Home |- | | {| |- | |} | Any other (please specify).................................................................................................... |- | 10. | Providing Diagnostic Services : |- | | Laboratory : |- | | {| |- | |} | Pathology Lab | {| |- | |} | Collection Center |- | | Diagnostic and imaging centre : |- | | {| |- | |} | X-ray | {| |- | |} | Sonography | {| |- | |} | CT Scan |- | | | | | --- | | | | Magnetic Resonance Imaging(MRI) | {| |- | |} | Isotope Scans |- | | {| |- | |} | Any other |- | 11. | Infrastructure details: |- | | Area of Establishment (in square meters).......................................................................................... |- | | Total Area................................................... Constructed Area.......................................................... |- | | (a) Outpatient Department: |- | | Specialty wise distribution of OPD clinic:- |- | | {| |- | S. No. | Specialty | No. of rooms | Remarks |- | | | | |- | | | | |- | | | | |} |- | | (b) In Patient Department: - |- | | Total No. of beds............................................................................................................................... |- | | Speciality wise distribution of beds (in case the hospital is more than 100 beds):- |- | | {| |- | S. No. | Specialty | No. of rooms | Remarks |- | | | | |- | | | | |- | | | | |} |- | | (c) Whether Biomedical Waste Disposal License obtained from Panchayat/ Municipality/Municipal Corporation ? |- | | {| |- | |} | Yes | {| |- | |} | No |- | | (d) Whether clearance obtained from Chhattisgarh Environment Conversation Board ? |- | | {| |- | |} | Yes | {| |- | |} | No |- | | (e) Whether clearance obtained from BARC/AERB ? |- | | {| |- | |} | Yes | {| |- | |} | No |- | | (f) Whether registered under PC-PNDT Act ? |- | | {| |- | |} | Yes | {| |- | |} | No |- | 12. | Human resource: |- | | Total no. of staff as on date of application ....................................................................................... |- | | Please furnish the following table :- |- | | {| |- | S. No. | Category of staff | Name | Qualification | Registration No. (where applicable) | Nature of service temporary/ permanent/ visiting/ consultation |- | 1. | Doctor | | | | |- | 2. | Nursing staff | | | | |- | 3. | Para medical staff | | | | |- | 4. | Pharmacist | | | | |- | 5. | Support staff | | | | |- | 6. | Other please specify | | | | |} (Separate sheet to be attached for various categories of staff) |- | 13. | Payment option for registration fees : |- | | 1. Online payment | | 2. Demand Draft | 3. Postal order |- | | Amount (in words)................................................................................................................................................. |- | | Details ......................................................................................................................................................................... |- | | Receipt No...................................................................................................................................................................................... |} Declaration I, on my behalf and on behalf of my company/society/association/body, hereby, declare that the statements made above are correct and true to the best of my knowledge and I shall abide by all the rules and regulations under the Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Niyam, 2013. I, further undertake to intimate to the appropriate Registering Authority any change in particulars given above. | | | | --- | --- | | Place : | Name of Signatory Authority with | | Date: | Official Seal | Schedule 3 ------------ [See Rule 11] of Fee For Registration/issuance of License/ Renewal of License ----------------------------------------------------------------- | | | | | --- | --- | --- | | | Municipal Corporation | Other Areas | | | Registration Fee (in Rs.) | Registration Fee (in Rs.) | | Individual Clinic (All Pathies) | | (a) Graduates | 700 | 350 | | (b) Post-Graduate diploma and degree holder | 1500 | 750 | | (c) Poly clinics & other Clinic | 700/doctor | 350/doctor | | Nursing Home and/or Maternity Homes or Hospitals | | (a) Up to 10 beds | 2000 | 1000 | | (b) 11-20 beds | 3000 | 1500 | | (c) 21-30 beds | 4000 | 2000 | | (d) More than 30 beds | 5000 | 2500 | | Pathological Laboratory | | (a) Pathological Laboratory | 1000 | 500 | | (b) Collection Centre for Pathological Labs | 1000 | 500 | | Imaging, X-Ray And Others | | (a) USG/ECHO/Colour Doppler/X-Ray/ ECT, EEG, EMG, Endoscopy | 1000 | 800 | | (b) MRI/CT Scan/Angiography | 3000 | 1500 | | Amendment fees (In addition to original fee) | 800 | 500 | | Duplicate Copy of License | 500 | 250 | Schedule 4 ------------ [See Rule 11] Format For Receipt For Registration Under Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Niyam, 2013 Registration No................ It is, hereby, certified that the Establishment..........................Address............................ under the ownership of Mr./Mrs.has paid a total sum of Rupees...............(in figure).....................(in words) and is registered under the Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Niyam, 2013. This registration, however, does not guarantee the above mentioned establishment, the license under the Act. The registration Certificate will be valid till........ Name of the Supervisory Authority........................................... | | | | --- | --- | | Signature | Issuance Date............ | Schedule 5 ------------ [See Rule 11] Format of License Format For The License Under Section 4 of The Chhattisgarh State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Niyam, 2013 License No.................. Subject to terms and conditions specified in Schedule 1 of the these rules, license is, hereby, granted to Clinical Establishment (Name) .............Address.............. Proprietor's Name..........................Address............................. Registration No........... dated............under the State Upcharyagriha Tatha Rogopchar Sambandhi Sthapanaye Anugyapan Adhiniyam, 2010 to establish/ run the Clinical Establishment......................... (Individual Clinic/ Polyclinic/ Physiotherapy Clinic/Pathology Lab/Radiology and Imaging .Centre/Maternity Home/Hospital/Nursing Home under the system of Medicine viz: Allopathy/ Ayurvedic/Homoeopathy/Unani/Siddha/ Naturopathy) for a period of 5 years i.e. From........To.......... | | | | --- | --- | | Seal....... | Date :.................... | | Supervisory Authority | Place :................... | Schedule 6 ------------ [See Rule 13, Clause 8.2] Table 1 : Format for the Register of Clinical Establishments | | | | | --- | --- | --- | | District............... | Status as on.............................................. | Remarks (\*) | | SI. No. | Name and address of Clinical Establishment | Category of Clinical Establishment | Date of registration | Date of issue/renewal of license | Validity of registration/ license | | | | | | | | | | | | | | | | | | (\*) Indicate entry/page number of the applications folder Table 2 : Format for Maintenance of Complaints of Clinical Establishments | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | S. No. | Name of Complainant | Address of the complainant | Name of Clinical Establishment against whom the complaint is made | Investigation done | Action Taken | Remarks (\*) | | | | | | | | | | | | | | | | | (\*) Enter cases registered with Appellate Authority. Schedule 7 ------------ Medical Records Every Nursing Home/Clinical Establishment shall maintain and preserve medical records for a period of five years from the date of the patient attending the hospital. Following records shall be maintained :- ### 1. OPD Records. - The "OPD paper" of a patient attending the OPD should contain the Doctor's name and detailed clinical notes including patient's name, age, occupation, chief complaints, onset/duration/ progress of illness, past history, personal history, family history, detailed examination findings, provisional diagnosis and treatment advised. ### 2. IPD Records. - The Nursing Home shall keep the following details of the patients admitted in the Nursing Home as an in-door patient, namely :- (i) Records of admission (ii) Discharge/DOR/LAMA/Absconding/Death of the patient; (iii) Records of Treatment (iv) These registers have to be duly maintained and updated chronologically, copies of which have to be kept in the record room of the nursing home for at least 5 years. The information in this regard shall be supplied to the Supervisory Authority, as and when required. ### 3. Other Registers to be maintained. - Other Registers to be maintained are :- (i) Labour Room Register (ii) Operation Theater Register (iii) MTP register (if registered under the Medical Termination of Pregnancy Act, 1971) (iv) Medico Legal Register (v) Laboratory Register (vi) Radiology and Imaging Register (vii) Ultrasonography Register (viii) PC-PNDT Register (ix) Medical Certificate Register with certificates in duplicate (x) Complaint Register (xi) Birth Register (Notified to such medical officer as authorized) (xii) Death Register (in such format as prescribed by Government/ State Level Authority) (xiii) Information in terms of Government Programmes/area of work (e.g. maternal health, child health, immunization, family planning, vector borne disease, National Leprosy Eradication Programme, Revised National TB Control Programme, Integrated Disease Surveillance Project, NRHM initiatives, Janani Suraksha Yajana) Intimation of Birth of A Child Occurring in Nursing Home as Per Birth and Death Registration Form A Birth Register | | | --- | | Following Entries Are To Be Made In The Birth Register :- | | 1. | Date of birth | : | | 2. | Gender | : | | 3. | Name of the child, if any | : | | 4. | Father's Name | : | | 5. | Permanent address | : | | 6. | Mother's Name | : | | 7. | Place of birth | : | | | 1. If institutional-then-Hospital/Institution Name : | | | 2. If Home Delivery-then-Address: | Birth Report Statistical Information (This part to be detached and sent for statistical processing) | | | | --- | --- | | 1. | Address of the mother : | | 2. | Religion of the family : | | | a. Hindu | b. Muslim | c. Sikh | d. Christian | | 3. | Father's education: | | 4. | Mother's education : | | 5. | Father's/Mother's occupation | | 6. | Age of the mother at the time of marriage : | | 7. | Age of the mother at the time of this birth : | | 8. | Total number of the children born alive : | | 9. | Type of attention at delivery : (Tick the appropriate entry below) | | | Institutional-Private/Government | | | | Delivery at Home | | | 10. | Method of delivery : (Tick the appropriate entry below) | | | | 1. Normal | | | | 2. Forceps/Vacuum | | | | 3. Caesarean | | | 11. | Birth weight (in Kgs.) (If available): | Form B Death Register Legal Information | | | --- | | Following entries are to be made in the Death register :- | | 1. | Date of Death | : | | 2. | Name of the deceased | : | | 3. | Sex of the deceased | : | | 4. | Age of the deceased | : | | 5. | Place of Death | : | | | a.If institutional-then-Hospital/Institution Name : | | | b. If Death at home-then-Address : | | | c. Other (Specify) ............................................................. | Death Report Statistical Information (This part to be detached and sent for statistical processing) | | | | | --- | --- | --- | | 1. | Address of the deceased: | | | 2. | Religion of the deceased : | | | a. Hindu | b. Muslim | c. Sikh | d. Christian | | 3. | Occupation of the deceased : | | | | | 4. | Type of medical attention received before death : | | | a. Institutional | | | | | | b. Medical attention other than institutional | | | | c. No medical attention | | | 5. | Was the cause of death medically certified ? | Yes | No | | 6. | Name of Disease or Actual Cause of Death : | | 7. | In case of death of a female, whether the death occurred during pregnancy or at the time of delivery or within 6 weeks of the Delivery : Yes No. | [Schedule 8] [Schedule 8 was missing from the English Version of the Rules as published in the Rajpatra. Schedule 8 is the translation of the Hindi Version of the Rules as published in the Rajpatra by the Editor.] [See Rule 15] Immediate Report of Contagious or Communicable/ Notifiable Diseases ### 1. Name of the patient: ......................................................... ### 2. Age: ......................................................................... ### 3. Sex : ........................................................................ ### 4. Address : ................................................................... ### 5. Occupation : ................................................................. ### 6. Date of first visit: ......................................................... ### 7. Clinical notes of the case (summary) : ........................................ ### 8. Examination/Diagnose: ........................................................ ### 9. Advise with reports : ........................................................ ### 10. Diagnose after examination :................................................. ### 11. Consultation/Advice : ....................................................... ### 12. Follow-up:....................................................... ### 13. Date of Inspection :......................................................... Full Signature.............. Name of authorised Doctor of the Hospital.................................... Name and address of the Hospital............................................. Schedule 9 ------------ [See Rule 15] Monthly Report of Contagious or Communicable/ Notifiable Diseases | | | | --- | --- | | S. No. | | | Month | | | Name of the disease | | | Category of disease | | | Total no. of patients admitted | | | Date of first patient admitted | | | Total no. of deaths | | | Area from which maximum no. patients are admitted. | | | | | --- | | Full Signature........................................ | | Name of authorised Doctor of the Hospital................................... | | Name and address of the Hospital...................................................... | Annexure-A List of Equipments | | | --- | | Standard Surgical Set-I (Instruments) | | S. No. | Instrument | Minimum requirement | | 1. | Tray, instrument/dressing with cover, 310 x 200 x 600 mm-ss | 1 | | 2. | Gloves surgeon, latex sterilizable, size 6 | 12 | | 3. | Gloves surgeon, latex sterilizable, 6½ | 12 | | 4. | Gloves surgeon, latex sterilizable, size 7 | 12 | | 5. | Gloves surgeon, latex sterilizable, 7½ | 12 | | 6. | Gloves surgeon, latex sterilizable, 8 | 12 | | 7. | Forceps, backhaus towel, 130 mm | 4 | | 8. | Forceps, sponge holding, 228 mm | 6 | | 9. | Forceps, artery, pean straight, 160 mm, stainless steel | 4 | | 10. | Forceps hysterectomy, curved, 22.5 mm | 4 | | 11. | Forceps, hemostatic, halsteads mosquito, straight, 125 mm-ss | 6 | | 12. | Forceps, tissue, all/is 6x7 teeth, straight, 200 mm-ss | 6 | | 13. | Forceps, uterine, tenaculum, 280 mm, stainless steel | 1 | | 14. | Needle holder, mayo, straight, narrow jaw, 175 mm, ss | 1 | | 15. | Knife-handle surgical for minor surgery # 3 | 1 | | 16. | Knife-handle surgical for major surgery # 4 | 1 | | 17. | Knife-blade surgical, size 11, for minor surgery, pkt of 5 | 3 | | 18. | Knife-blade surgical, size 15 for minor surgery, pkt of 5 | 4 | | 19. | Knife-blade surgical, size 22, for major surgery, pkt of 5 | 3 | | 20. | Needles, suture triangular point, 7.3 cm., pkt of 6 | 2 | | 21. | Needles, suture, round bodied 3/8 circle No. 12 pkt of 6 | 2 | | 22. | Retractor, abdominal, Deavers, size 3, 2.5 cm x 22.5 cm | 1 | | 23. | Retactor, double-ended abdominal, Beltouis, set of 2 | 2 | | 24. | Scissors, operating curved mayo-blunt pointed 170 mm | 1 | | 25. | Retractor abdominal, Balfour 3 blade self-retaining | 1 | | 26. | Scissors, operating, straight, blunt point, 170 mm | 1 | | Iud Insertion Kit | | 1. | Setal sterilization tray with-cover size 300 x 220 x 70 mm, S/S, Ref IS : 3993 | 1 | | 2. | Gloves Surgeon, latex, size 6½ Ref. 4148 | 6 | | 3. | Gloves surgeon latex, size 7½ Ref. 4148 | 6 | | 4. | Bowl, metal sponge, 600 ml, Ref. IS : 5782 | 1 | | 5. | Speculum vaginal bi-valve cusco's graves small ss | 1 | | 6. | Forceps sponge holding, straight 228 MMH Semken 200 mm | 1 | | 7. | Sound uterine simpson, 300 mm graduated UB 20 mm | 1 | | 8. | Forceps uterine tenaculum duplay DBL-CVD, 280 mm | 1 | | 9. | Forceps tissue-160 mm | 1 | | 10. | Anterior vaginal wall retractor stainless | 1 | | 11. | Torch without batteries | 1 | | 12. | Gloves surgeon, latex, size 7, Ref: 4148 | 6 | | 13. | Gloves surgeon, latex size 6 Ref. IS : 4148 | 6 | | 14. | Battery dry cell 1.5 V `D' Type for Item 7G | 1 | | 15. | Speculum vaginal bi-valve cusco's/Grea Ves Medium ss | 1 | | 16. | Forceps artery, straight, Pean, 160 mm | 1 | | 17. | Scissors operating, straight, 145 mm, Blunt/Blunt | 1 | | 18. | Forceps uterine vulsellum curved, Museux, 240 mm | 1 | | Normal Delivery Kit | | S. No. | Instrument | Minimum requirement | | 1. | Trolley, dressing carriage size 76C, long x 46 cm wide and 84 cm high. Ref. IS 4769/1968 | 1 | | 2. | Towel, trolley 84 cm x 54 cm | 2 | | 3. | Gown, operation, cotton | 1 | | 4. | Cap. operation, surgeon's 36 x 46 cm | 2 | | 5. | Gauze absorbent non-sterile 200 mm x 6 m as per IS : 171/1985 | 2 | | 6. | Tray instrument with cover 450 mm (L) x 300 mm (W) x 80 mm (H) | 1 | | 7. | Macintosh, operation, plastic | 2 | | 8. | Mask, face, surgeon's cap of rear ties : B) Beret type with elastic hem | 2 | | 9. | Towel, glove | 3 | | Equipment/Consumables for Anaesthesia | | S. No. | Instrument | Minimum requirement | | 1. | Facemask, plastic w/rubber cushion and headstrap, set of 4 | 4 | | 2. | Airway Guedel or Berman, autoclave rubber | 2 | | 3. | Laryngscope, set with infant, child | 3 | | 4. | Catheter, endotracheal w/cuff, rubber set | 3 | | 5. | Forceps, catheter, Magill, adult and child sizes | 1 | | 6. | Connectors, catheter, straight/curved | 3 | | 7. | Cuffs for endotracheal catheters | 4 | | 8. | Breathing tubes, hoses, connectors | 4 | | 9. | Vaporiser, halothane | 2 | | 10. | Needle, spinal | 2 | | Equipment for Operation Theatre | | S. No. | Instrument | Minimum requirement | | 1. | Diathermy machine | 1 | | 2. | Dressing drum all sizes | 1 | | 3. | Lamps shadowless : Ceiling lamp | 1 | | 4. | Lamps shadowless : Portable type | 1 | | 5. | Steriliser | 1 | | 6. | Suction Apparatus | 1 | | 7. | Trolley for patients | 1 | | 8. | Trolley for instruments | 1 | | 9. | Boyle's Apparatus with accessories | 1 | | Essential Equipments for Laboratories & Blood Storage and Transfusion Centres | | S. No. | Instrument | Minimum requirement | | 1. | Rod, flint-glass, 1000 x 10 mm dia, set of two | 2 | | 2. | Cylinder, measuring graduated W/pouring lip, glass, 50ml | 2 | | 3. | Bottle, wash, polyethylene W/angled delivery tube, 250ml | 1 | | 4. | Timber, clock, interval, spring wound, 60 minutes x 1 minute | 1 | | 5. | Rack, slide drying nickel/silver, 30 slide capacity | 1 | | 6. | Tray, staining, stainless steel 450 x 350 x 25 mm | 1 | | 7. | Chamber, counting, glass, double neubauer ruling | 2 | | 8. | Pipette, serological glass, 0.05 ml x 0.0125 ml | 6 | | 9. | Pipette, serological glass, 1.0 ml x 0.10 ml | 6 | | 10. | Counter, differential, blood cells, 6 unit | 1 | | 11. | Centrifuge, micro-hematocrit, 6 tubes, 240v | 1 | | 12. | Cover glass for counting chamber (item 7), Box of 12 | 1 | | 13. | Tube, capillary, heparinized, 75 mm x 1.5 mm, vial of 100 | 10 | | 14. | Lamp, spirit W/screw cap. Metal 60 ml. | 1 | | 15. | Lancet, blood (Hadgedorn needle) 75 mm pack of 10 ss | 10 | | 16. | Benedict's reagent qualitative dry components for soln | 1 | | 17. | Pipette measuring glass, set of two sizes 10 ml, 20 ml | 2 | | 18. | Test tube, w/o rim, heat resistant glass, 100 x 13 mm | 24 | | 19. | Clamp, test-tube, nickel plated spring wire, standard type | 3 | | 20. | Beaker, HRG glass, low form, set of two sizes, 50 ml, 150 ml | 2 | | 21. | Rack, test-tube wooden with 12 x 22 mm dia holes | 1 |

65b90b4fab84c7eca86e831c

acts

State of Telangana - Act -------------------------- Sri Konda Laxman Telangana State Horticultural University Act, 2007 --------------------------------------------------------------------- TELENGANA India Sri Konda Laxman Telangana State Horticultural University Act, 2007 ===================================================================== Act 30 of 2007 ---------------- * Published on 6 December 2007 * Commenced on 6 December 2007 Sri Konda Laxman Telangana State Horticultural University Act, 2007 (Act No. 30 of 2007 ) The Andhra Pradesh Horticultural University Act, 2007 received the assent of the Governor on the 6th December, 2007. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014. Chapter - I Preliminary ### 1. Short title, extent and commencement. (1) This Act may be called [Sri Konda Laxman Telangana State Horticultural University Act, 2007.] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] (2) It extends to the whole of the State of [Telangana.] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] (3) It shall be deemed to have come into force on and from the 26th June, 2007. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (1) "Academic Council" means the Academic Council of the University; (2) "Act" means [Sri Konda Laxman Telangana State Horticultural University Act, 2007] [Substituted by G.O.Ms. No. 31, Agriculture and Co-operation (Horti & Seri) Department, dated 22.12.2014] ; (3) "Associate Dean" means the Head of the College of the University; (4) "Associate Director" means the Associate Director of Research of the concerned Zone/Region or in the Headquarters of the University; (5) "Authority" means any authority of the University as specified in section 9; (6) "Board" means the Board of Management of the University; (7) "College" means a constituent college of the University under its direct control and management whether located at the Headquarter Campus or elsewhere; (8) "Chancellor" means the Chancellor of the University; (9) "Comptroller" means the Comptroller of the University; (10) "Controller of Examinations" means the Controller of Examinations of the University; (11) "Dean" means the Dean of the subject matter of the Faculty, Faculty of Post Graduate Studies and Students Affairs; (12) "Director" means the Director of Research or the Director of Extension or the Director of Industrial and International Programmes; (13) "Estate Officer" means the Estate Officer of the University; (14) "Extension" means assisting in process of Transfer of Technology through dissemination of knowledge in collaboration with the Department of Horticulture; (15) "Extension Centre / Unit" means a constituent Centre for transfer of technology of the University; (16) "Faculty" means the Faculty in the University as specified in section 16; (17) "Government" means the State Government; (18) "Governor" means the Governor of the State of [Telangana;] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] (19) "Horticulture" means Agriculture including the basic and applied sciences of,- (a) fruits, vegetables, floriculture, spices and condiments; (b) Plantation crops, hops, medicinal and aromatic plants; (c) forestry includes silviculture, plant breeding, farm forestry, social forestry, conservation of ecology of the biosphere, wild life and their products; (d) post-harvest Technology including Processing and Marketing; (e) ornamental horticulture and landscaping; (f) Sericulture; (g) Apiculture; (h) Crop improvement, Production and Management; (i) Soil and Water Management; (j) Horticultural/Agricultural Engineering and Technology; (k) Basic Sciences and Humanities in relation to Horticulture and Agriculture; (l) Mushroom cultivation; (m) Subjects pertaining to Horticultural/Agricultural Technology including bio-technology and rural development; (20) "Hostel" means a place of residence for students of the University maintained or recognized by the University either as a part of or separate from the University; (21) "Officer" means an officer of the University as specified under section 24 or other person(s) in the employment of the University declared as Officer by the Statutes; (22) "Prescribed" means as prescribed in the Statutes or Regulations, as the case may be, of the University; (23) "Registrar" means the Registrar of the University; (24) "Research" means generation of Technologies for improving production of Horticulture crops; (25) "Research and Extension Council" means the Research and Extension Council of the University; (26) "Research Station" means a constituent research and experimental station of the University; (27) "Statutes" and "Regulations" respectively mean the Statutes and Regulations of the Horticultural University made under this Act; (28) "Student" means the person enrolled in the University for taking a course of study for a degree, diploma or other academic distinction duly instituted; (29) "Teacher / Scientist" means a person not below the rank of an Assistant Professor appointed or recognized by the University for the purpose of imparting instruction and/or conducting and guiding research and/or extension programmes and may include any other person who may be declared by the Statutes to be a teacher; (30) "Teaching" means the Training human resource needs for the development of the State of [Telangana] [Substituted by G.O.Ms.No. 31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] ; (31) "University" means [Sri Konda Laxman Telangana State Horticultural University constituted under section 3;] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] (32) "University Head" means the Head of the Department/Division of the University; (33) "University Librarian" means the Librarian of the University; (34) "Vice-Chancellor" means the Vice-Chancellor of the University; (35) "Zonal Station/Regional Station" means a Research Station of the University for a given Zone/Region. Chapter - II The University ### 3. Establishment and incorporation of the University. (1) There shall be established in and for the State of [Telangana,] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] a University by the name of [Sri Konda Laxman Telangana] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] State Horticultural University. (2) The University shall consist of a Chancellor, a Vice-Chancellor, a Board of Management, an Academic Council, a Research and Extension Council, Board of Faculties and other authorities as set forth in the Act or as provided in the Statutes. (3) The University shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by the said name. (4) (a) In all suits and other legal proceedings by or against the University, the pleadings shall be signed and verified by the Registrar and all processes in such suits and proceedings shall be issued to, and served on him; (b) In case of emergency or otherwise, the Vice- Chancellor may specially nominate any other officer in this behalf. (5) The University shall be competent to acquire and hold property, both movable and immovable, to lease, sell or otherwise transfer any movable or immovable property which may have become vested in or have been acquired by it for the purpose of the University, and to borrow money from the Central Government, State Government or any other approved sources and do all other things necessary for the purpose of this Act. (6) [ The Head Quarters of the University shall be in the existing campus at Rajendranagar, Hyderabad.] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] ### 4. Territorial Jurisdiction. (1) With respect to teaching at the University or College level, research and extension programmes in the field of horticulture as broadly defined in this Act, the territorial jurisdiction and responsibility for this University shall extend to the entire State of [Telangana.] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] (2) The University may assume responsibility for the maintenance of Horticultural education training centers, research and experimental stations, training of field extension workers and for the establishment, development and operation of such centers as may be required in various parts of the State. (3) All colleges, research and experimental stations or other institutions coming under the jurisdiction and authority of this University shall come in as constituent units of the University under the full management and control of the University. No unit shall be recognized as an affiliated unit. ### 5. Objects of the University. - The following are the objects of the University, namely:- (1) to make provision for imparting education in different branches of study of Horticulture and other allied branches of learning and scholarship; (2) to further the advancement of learning and conduct research, particularly in horticulture and other allied sciences; (3) to undertake the extension of such sciences/ technologies specially for the rural people of the State; (4) to have collaboration in research projects having multi-disciplinary approach and academic programmes with other Universities or reputed institutes; (5) such other purpose as the University may, from time to time, determine. ### 6. Admission to the University. (1) The University shall, subject to the provisions of this Act and the Statutes, be open to all persons, provided that nothing in this section shall require the University to admit to any course of study any person who does not meet the prescribed academic standards for admission or to retain on the rolls of the University persons whose academic records are below the minimum standard required for the award of a degree or whose personal conduct is such as to be enimical to the purpose of the University or to the appropriate rights and privileges of other students and staff: Provided that nothing in this section shall be deemed to require the University to admit to any course of study a large number of students than prescribed and can be accommodated in the available faculties of the University or of any particular college or Department as determined by the Academic Council. (2) Subject to the provisions under sub-section (1), the University shall reserve seats for socially and educationally Backward Classes, Scheduled Castes, Scheduled Tribes and other categories specified by the Government or Academic Council or candidates from other States in India/abroad, provided that no such person shall be entitled to be admitted to the University unless he or she meets the standards laid down in respect of such candidates. ### 7. Powers and functions of the University. - The University shall have the following powers and functions,- (1) to provide for instruction in Horticulture/Agriculture and other allied branches of learning as the University may deem fit; (2) to provide for conduct of research in "Horticulture" and allied branches of learning; (3) to provide for dissemination of the findings of research and technical information through an extension programme; (4) to institute courses of study and hold examinations for and confer degrees, diplomas and other academic distinctions on persons who have pursued an approved course of study in the University or including part courses and/or research carried out in any other University or recognizing institutions, as may be prescribed, for the purpose; (5) to confer honorary degrees and other distinctions, as may be prescribed; (6) to provide such lectures and instructions for and to grant such diplomas to field workers and other persons, as the University may determine; (7) to collaborate with other Universities and institutions in such manner and for such purpose, as the University may determine; (8) to establish and maintain colleges, schools, centers, divisions, departments, institutions relating to Horticulture/Agriculture; (9) to establish and maintain laboratories, libraries, research stations, institutions, museums etc., for teaching, research and extension; (10) to create teaching, research and extension posts and to appoint persons to such posts; (11) to create administrative and other posts and to appoint persons to such posts; (12) to institute and award fellowships, scholarships stipends, endowments and prizes in accordance with the Statutes; (13) to institute and maintain residential accommodation for students and staff of the University; (14) to fix, demand and receive such fees and other charges, as may be prescribed; (15) to supervise and control the residence, regulate the conduct and discipline of the students of the University and to make arrangements for promoting their health and welfare; (16) to acquire, hold and dispose of property, and to contract and to do all other things necessary for, or incidental to the purposes of the University; (17) to take over and maintain colleges, experimental centres and extension centres relating to Horticulture/ Agriculture and hostels thereof; (18) to borrow money from the Government of India, any State Government or any other agency; (19) to do all such acts and things, whether incidental to the powers aforesaid or not, as may be required, in order to further the objectives of the University. ### 8. Visitation and Inspection. (1) The Chancellor shall have the right to cause an inspection to be made, by such person or authority, as he may direct, of the affairs and properties of the University or any college or institution maintained by the University, and to cause an inquiry to be made in respect of any matter connected therewith. (2) Before causing such an inspection or inquiry, intimation thereof shall be given to the University, which shall be entitled to have its nominee or nominees at such inspection or inquiry and to make representation in regard thereto. (3) The Chancellor shall forward to the Board a copy of the report of inspection or inquiry for expressing its views and on receipt thereof, the Chancellor may tender such advice or give such direction as the Chancellor may consider necessary and fix a time limit for action to be taken by the Board in that regard. The Board shall, within the time so fixed, take necessary action and report the fact to the Chancellor. Chapter - III Authorities of the University ### 9. 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 Board of Faculties including Post-Graduate studies; (4) The Research and Extension Council; (5) Such other bodies as may be prescribed. ### 10. Board of Management and its Constitution. (1) The Chancellor shall constitute the Board of Management. (2) The Board of Management shall consist of the following members: Ex-Officio Members (i) The Vice-Chancellor; (ii) the Vice-Chancellor of [Professor Jayashankar Telangana State Agricultural University] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] ; (iii) [ The Vice-Chancellor of [Sri P.V. Narsimha Rao Telangana Veterinary University] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] ;] (iv) The Secretary to Government, looking after Horticulture; (v) The Secretary to Government, Finance Department; (vi) The Commissioner/Director of Horticulture; Other Members (vii) one distinguished Scientist from the field of horticulture; (viii) Four persons nominated from amongst the progressive farmers of horticulture/agriculture of whom one shall be a woman; (ix) two persons nominated from among the Horti-industrialists and other entrepreneurs including self employed graduates; (x) one representative from the Indian Council of Agricultural Research; (xi) Four persons from among the Members of the State Legislature and the Members of Parliament elected from the State of [Telangana;] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] (xii) one Director/Dean; (xiii) Three Professors of the University other than Dean/Director; (xiv) One Person nominated by the Chancellor from among the members of State Chamber of Panchayat Raj. (3) The Vice-Chancellor shall be the Ex-officio Chairman and the Registrar Ex-officio Non-Member Secretary of the Board. (4) The term of the office of the Members of the Board other than the Ex-officio Members shall be three years: Provided that no member of the Board who is nominated shall continue to be a Member of the Board on his ceasing to hold the office by virtue of which he has been nominated as a Member of the Board: Provided further that even if some of the members are nominated at different times to the Board under items (vii) to (xiii) of sub-section (2), the term of three years in their case shall be reckoned from the date on which the notification constituting the Board was first issued. (5) When a vacancy occurs in the office of any member by reason of death, resignation or any cause other than the expiry of the term, the vacancy shall be filled in accordance with the provisions of this section and the person who fills such vacancy shall hold office for the residue of the term for which the person whose place he fills would have been a member. (6) Six Members of the Board including the presiding member shall form the quorum at any meeting of the Board: Provided that if a meeting of the Board is adjourned for want of quorum, no quorum shall be necessary at the next meeting called for transacting the same business. (7) The Members of the Board other than the Officers of the University shall not be entitled to any remuneration for the performance of their functions under this Act except such daily and travelling allowances as may be prescribed. (8) No officer or other employee of the University shall be eligible to be a Member of the Board under clauses (vii) to (xi) of sub-section (2). ### 11. Powers and functions of the Board. (1) Subject to the provisions of this Act the Board shall be the Chief Executive body of the University and shall manage and supervise the properties and activities of the University and shall be responsible for the conduct of all administrative affairs of the University, not otherwise provided for, in this Act. (2) Without prejudice to the generality of the foregoing powers, the Board shall exercise and perform the following powers and functions:- (i) to consider and approve the financial requirements, estimates and budget of the University; (ii) to acquire any property for the University and hold or dispose of its properties; (iii) to accept or transfer any property on behalf of the University; (iv) to provide for the administration of any funds placed at the disposal of the University for the purposes intended; (v) to borrow money for capital investments, with prior approval of the State Government and make suitable arrangements for its repayment; (vi) to accept on behalf of the University trusts, bequests and donations; (vii) to consider and approve the recommendations of the Academic Council, Research and Extension Council wherever required; (viii) to direct the form and use of the common seal of the University; (ix) to consider and approve the establishment of new departments, divisions, centres or Research Stations/Sub- Stations or Extension centres or abolition of any one thereof or otherwise, reconstitution of departments, divisions Research Stations or Centres on the recommendation of the Academic Council or Research and Extension Council, as the case may be; (x) to consider and approve establishment of new Colleges, faculties, amalgamation of two or more Colleges or faculties into a single College or faculty or abolition of a college or faculty, reconstitution of any of the existing faculties on the recommendation of the Academic Council; (xi) to appoint teachers of the university and such other employees of the University as may be prescribed on the recommendation of the Selection Committee: Provided that the Board may invite any person of high academic distinction and professional attainments to accept a post of Professor in the University and appoint him to that post; (xii) to determine and regulate all policies relating to the affairs of the University in accordance with this Act; (xiii) to appoint such Committees either standing or temporary as the Board may consider necessary. (3) The Board shall meet at such time and place as it deems necessary but it shall hold a meeting at least once in every two months and not less than half of the number of its meetings in a year shall be held at the headquarters of the University. (4) The Board may, for purpose of consultation invite any person having practical experience or special knowledge of any subject under its consideration to attend its meeting. Such person shall have right to speak in, and otherwise to take part in the proceedings of such meeting, but shall not, by virtue of this sub-section, be entitled to vote in any such meeting. A person attending such meeting shall be entitled to such allowances as may be prescribed. ### 12. Academic Council. (1) The Academic Council shall consist of the following members, namely:- (i) The Vice-Chancellor, (ii) The Vice-Chancellor, [Professor Jayashankar Telangana State Agricultural University]; [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] (iii) [ The Vice-Chancellor of [Sri P.V.Narsimha Rao Telangana Veterinary University [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] ];] (iv) The Deans of the faculties; (v) The Directors; (vi) The Dean of Students Affairs; (vii) The Controller of Examinations; (viii) The University Librarian; (ix) The University Heads of Departments and Heads of Departments of Colleges; (x) The Associate Deans of Colleges; (xi) The Associate Directors of Research of the Regions/Zones; (xii) Three Principal Scientists (Crop) to be nominated by the Vice-Chancellor; (xiii) Two Members of the Board nominated by the Board; (xiv) Two eminent educationists from outside the University in the field of Horticulture nominated by the Vice-Chancellor; (xv) One nominee of the Indian Council of Agriculture Research; (xvi) Two Associate Professors and two Assistant Professors from the Faculties nominated by the Vice-Chancellor; (xvii) Two Principals of Polytechnics nominated by Vice-Chancellor; (xviii) The Registrar, Ex-officio Member-Secretary. (2) Academic Council may co-opt as members not more than two persons for such period and in such manner, as may be prescribed, so as to secure adequate representation of different sectors of horticulture/agriculture and allied fields. (3) Normally the Academic Council shall meet once in every six months on such dates as may be fixed by the Vice-Chancellor. However, special meetings of the Academic Council can be called by the Vice-Chancellor. (4) One third of the members of the Academic Council shall form quorum at a meeting of the Council: Provided that if a meeting of the Council is adjourned for want of quorum, no quorum shall be necessary at the next meeting for the transaction of the same business. ### 13. Powers and functions of the Academic Council. (1) The Academic Council shall, subject to provisions of this Act and the Statutes, have the powers, by regulations, of prescribing all courses of study and determining curricula, and shall have general control on teaching and other educational programmes within the University, and shall be responsible for the maintenance of standards thereof. (2) It shall have power to make regulations consistent with this Act and the Statutes relating to all academic matters subject to its control and to amend or repeal such regulations. (3) In particular, and without prejudice to the generality of the foregoing power, the Academic Council shall have power,- (i) to advise the Board and Vice-Chancellor on all academic matters including the control and management of libraries; (ii) to make recommendations for the institution of Professorships, Associate Professorships, Assistant Professorships, and other teaching posts including posts in research and extension and in regard to the duties thereof; (iii) to make recommendations for the constitution or reconstitution or abolition of departments/faculties of teaching; (iv) to make regulations regarding the admission of students to the University and determine the number of students to be admitted; (v) to make regulations relating to the courses of study leading to degrees, diplomas and certificates; (vi) to make regulations relating to the conduct of examinations and to maintain and improve standards of education; (vii) to make recommendations to the Board regarding conferment of honorary degrees and other distinctions; (viii) to prescribe qualifications for teachers in the University; (ix) to exercise such other powers and perform such other functions as may be prescribed. ### 14. Research and Extension Council. (1) There shall be a Research and Extension Council consisting of the following members, namely:- (i) The Vice-Chancellor; (ii) The Director/Commissioner of Horticulture or his nominee not below the rank of Joint Director; (iii) The Director/Commissioner of Agriculture or his nominee not below the rank of Joint Director; (iv) The Director of Women Development & Child Welfare or his nominee not below the rank of Joint Director; (v) The Director/Commissioner of Sericulture or his nominee not below the rank of Joint Director; (vi) The Principal Chief Conservator of Forests or his nominee not below the rank of Chief Conservator of Forests; (vii) Two members of the Board nominated by the Board; (viii) The Director of Research; (ix) The Director of Extension; (x) All Deans of the Faculties; (xi) Dean of Students Affairs; (xii) The Principal, Extension Education Institute, [Professor Jayashankar Telangana State Agricultural University] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] , Hyderabad; (xiii) All Associate Directors of Research; (xiv) All Associate Deans of the Colleges; (xv) All Heads of Departments of the University; (xvi) Principal Scientists (Crop); (xvii) All Heads of Krishi Vignan Kendras and District Extension Units; (xviii) Three Officers not below the rank of the Deputy Director of Horticulture nominated by the Director/ Commissioner of Horticulture; (xix) Research and Extension Council may co-opt as members not more than four persons who are specialized in research for such period and in such manner as may be prescribed, so as to secure adequate representation of different sectors of horticulture/agriculture and allied fields. Such members shall be two from [Telangana] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] and two outside the State; (xx) Ten progressive farmers of which three shall be woman, who are prominent in horticulture/agriculture and allied branches to be nominated by the Vice-Chancellor for their specialized knowledge and experience; (xxi) Two persons nominated by the Vice-Chancellor representing different horticulture based industries; (xxii) Representatives from the under mentioned organisations, not exceeding seven: (a) Agriculture Chemicals; (b) The [Telangana] [Substituted by G.O.Ms. No. 31, Agriculture and Co-operation (Horti & Seri) Department, dated 22.12.2014.] State Seed Development Corporation Limited/ National Seed Corporation/ Seed Industry/ NABARD/ Commercial banks; (c) Indian Nursery Association; (d) Micro Irrigation Industries; (e) Food processing Industry; (f) The [Telangana] [Substituted by G.O.Ms. No. 31, Agriculture and Co-operation (Horti & Seri) Department, dated 22.12.2014.] State Agro-industries Development Corporation Limited; (g) Non-Governmental Organizations; (h) Exporters, Agriculture products export development agency; (i) Marketing, Food packing Industry; (xxiii) The Vice-chancellor may, for purpose of consultation, invite any two Scientists and/or two extension experts as per the need of the agenda to attend the meeting. (2) The Vice-Chancellor shall be Ex-officio Chairman and the Director of Research, Ex-officio Member-Secretary. (3) The term of nominated/co-opted members shall be two years. (4) The Research and Extension Council shall meet at least once in a year. ### 15. Powers and Functions of the Research and Extension Council. (1) The Research and Extension Council shall subject to the provisions of this Act and Statutes, have the powers, to make recommendations of matters relating to research and extension programmes. (2) In particular and without prejudice to the generality of the foregoing powers, the Research and Extension Council shall have the following powers: (a) to advise the Board and the Vice-Chancellor on all research and extension matters, including control and management of research stations and extension units/ programmes; (b) to make recommendations for the institution of advanced centres of excellence, research fellowships and other research and extension posts; (c) to make recommendations for the establishment, organisation and reorganisation of research stations, and extension units, programmes and research specialization; (d) to assess the physical, fiscal and administrative facilities required for implementing research and extension projects/ programmes; (e) to orient and disseminate research to meet farmers' needs through kisan melas and other programmes; (f) to develop farmers' education and training and advisory services; (g) to identify and resolve field problems and arrange for transfer and transmission of information; (h) to coordinate extension activities for improvement of Horticulture and allied branches and for the development of rural communities; (i) to integrate research, extension and teaching and ensure participation of teachers in all programmes; (j) to recommend names of outstanding farmers and others contributing the development of horticulture for conferment of distinctions and awarding prizes; (k) any other matter pertaining to research and extension programmes including the collaborative arrangements which may be referred to by the Vice- Chancellor or the Board or any other authority of the University. ### 16. Faculties. (1) The University shall have the Faculties, of Horticulture, Post-graduate studies and such other Faculties, as may be prescribed. (2) Each Faculty shall comprise such departments with such assignment of subjects of study, as may be approved. (3) There shall be a Board for each Faculty, the constitution and powers of which shall be prescribed. (4) There shall be a Dean for each Faculty who shall be appointed in such manner and for such period, as may be prescribed. (5) Each department shall have a University Head whose appointment, powers and duties shall be prescribed, and who shall be responsible to the Dean for the proper organization and working of the department. ### 17. Powers and Functions of the Board of Faculties. - The Boards of Faculties shall have the following powers, namely:- (a) to make recommendation to the Academic Council regarding admission of students to the University; (b) to draw the curricula and courses and recommend to the Academic Council; (c) to recommend to the Academic Council conditions under which students shall be admitted to the degrees, diplomas and certificates; (d) to recommend to the Academic Council the establishment, amalgamation, sub-division and abolition of departments; (e) to recommend to the Academic Council for the recognition of the degrees, diplomas and other certificates of other Universities; (f) such other powers as may be prescribed. ### 18. Constitution of Committees. - Every authority shall have the power to appoint committees which may, unless otherwise provided in this Act, consist of such members of the authority and other persons as it may deem fit. ### 19. Filling of Casual Vacancies. - Any casual vacancy among the members, other than ex-officio members, of any Authority shall be filled, as soon as conveniently may be, by the person or Authority who appointed, elected, nominated or co-opted the member whose place has become vacant and the person appointed, elected, nominated or co-opted to a casual vacancy shall be a member of such Authority for the residue of term for which the person whose place he fills would have been a member. ### 20. Removal from membership of an authority. (1) The Board may remove any person from membership of any authority or body of the University on the ground that such person have been convicted of any offence involving moral turpitude or conduct not befitting the office held by the concerned member: Provided that no such order shall be made against any person without giving reasonable opportunity of being heard. (2) Any member, other than ex-officio member, of any authority or body of the University, may resign his office by a letter addressed to the Vice-Chancellor and such resignation shall take effect from the date on which the same is accepted by the authority competent to fill the vacancy or on the expiry of three months from the date of its receipt by the Vice-Chancellor, which is earlier. ### 21. Decision on question as to validity of the act or proceeding. - Where any question arises whether any act or proceeding of an Authority including the Board, is consistent with this Act and the Statutes, it shall be referred to the Chancellor whose decision thereon shall be final. ### 22. Decision on question as to validity of membership. - If any question arises as to whether any person has been duly appointed 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: Provided that before taking any such decision, the Chancellor shall give the person affected thereby reasonable opportunity of being heard. ### 23. Validity and protection of acts. (1) No act or proceeding of any authority or body of the University shall be invalid by reason of the existence of any vacancy among its members or by reason of some person having taken part in the proceedings who is subsequently found to have been not entitled to do so. (2) Save as otherwise provided in this Act, all the acts done or orders made in good faith by the University or any of its authorities shall be final and no suit shall be instituted against or damages claimed from the University or its authority for anything done or purported to have been done in pursuance of this Act or the Statutes or the Regulations. (3) No suits or other legal proceedings shall lie against any officer or other employee of the University in respect of anything which is done in good faith or intended to be done in pursuance of this Act or any Statutes made thereunder. Chapter - IV Officers of the University ### 24. Officers of the university. - The following shall be the Officers of the University, namely:- (i) The Chancellor; (ii) The Vice-Chancellor; (iii) The Deans of faculties including Post-Graduate Studies; (iv) The Directors; (v) The Dean of Students Affairs; (vi) The Registrar; (vii) The Comptroller; (viii) The Controller of Examinations; (ix) The Estate Officer; (x) The University Librarian; (xi) Such other persons in the service of the University as may be declared by the statutes to be the officers of the University. ### 25. Chancellor. - The Governor of [Telangana] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] shall be the Chancellor of the University. He shall, by virtue of his office, be the Head of the University and shall, when present, preside at any convocation of the University. He shall exercise such other powers as may be conferred on him by or under this Act. ### 26. Vice-Chancellor. (1) The Vice-Chancellor shall be a whole time officer of the University and shall be appointed by the Chancellor from the panel of eminent scientists in Horticulture/ Agriculture drawn by the Search Committee. The Search Committee shall consist of the following persons: (i) One nominee of Chancellor; (ii) One nominee of the State Government; (iii) Director General, Indian Council of Agricultural Research or his nominee. (2) The Vice-Chancellor shall hold office for a term of three years. The emoluments, inclusive of pension, if any, and other conditions of the service of the Vice-Chancellor shall be such as may be prescribed by UGC/ICAR and shall not be varied to his disadvantage after his appointment. (3) The Vice-Chancellor may relinquish his office by resignation in writing under his hand addressed to the Chancellor which shall be delivered to the Chancellor normally 60 days prior to the date on which the Vice- Chancellor wishes to be relieved from his office, but the Chancellor may relieve him earlier. (4) Where the post of the Vice-Chancellor falls, permanently vacant either by resignation or otherwise, the vacancy shall be filled by the Chancellor in accordance with the provisions of sub-section (1) and the Vice-Chancellor so appointed shall hold office for a full term of five years. (5) In the temporary absence of the Vice-Chancellor on leave, for whatever reason, or until the vacancy caused in any other manner is filled, the Chancellor shall appoint any person temporarily to act as Vice-Chancellor. (6) The Vice-Chancellor shall not be removed from his office except by an order of the Chancellor passed on the ground of misbehaviour or incapacity or if it appears to the Chancellor that the continuance of the Vice-Chancellor in office is detrimental to the interests of the University, after due inquiry by such person who is or has been a Judge of High Court to be nominated by the Chancellor in which the Vice-Chancellor shall have an opportunity of making his representation. ### 27. First Vice-Chancellor. - The first Vice-Chancellor shall be appointed by the Chancellor. He shall be paid the salary, as prescribed from time to time, inclusive of pension, if any. He shall serve the University for full term as may be prescribed. The conditions of the service shall be as may be prescribed, from time to time, but shall not vary to his disadvantage after his appointment. The other conditions of service shall apply as may be prescribed for a regular officer: [Provided that the Government may appoint the Vice- Chancellor temporarily till the first Vice-Chancellor is appointed by the Chancellor.] [Added by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] ### 28. Powers and Duties of the Vice-Chancellor. (1) The Vice-Chancellor shall be the academic head and Principal Executive Officer of the University and ex-officio Chairman of the Board, Academic Council, Research and Extension Council and shall, in the absence of the Chancellor, preside at the convocation of the University and confer degrees on persons entitled to receive them. (2) The Vice-Chancellor shall exercise general control over the affairs of the University and shall be responsible for due maintenance of discipline in the University. (3) The Vice-Chancellor shall convene meetings of the Board, Academic Council, Research and Extension Council. (4) The Vice-Chancellor shall ensure faithful observance of the provisions of this Act, Statutes and Regulations and he shall exercise all powers necessary for this purpose. (5) The Vice-Chancellor shall be responsible for the presentation of the annual financial estimates and the annual accounts to the Board of Management. (6) The Vice-Chancellor may take any action in any emergency which in his opinion calls for immediate action. He shall in such case and as soon as may be thereafter, report his action to the authority which will ordinarily have dealt with the matter. If the authority disagrees with the action of the Vice-Chancellor, the matter shall be referred to the Chancellor whose decision shall be final. (7) Where any action taken by the Vice-Chancellor under sub-section (6) affects any person in the service of the University to his disadvantage such person may prefer an appeal to the Board within thirty days from the date on which such person has been served with a notice of the action taken. (8) The Vice-Chancellor shall give effect to the decisions of the authorities of the University taken in accordance with the powers conferred by or under this Act. (9) The Vice-Chancellor shall be responsible for the proper administration of the affairs of the University and for a close coordination and integration of teaching, research and extension. (10) The Vice-Chancellor shall exercise such other powers and perform such other duties as are conferred or imposed upon him under the provisions of this Act and as may be prescribed from time to time. ### 29. Deans of the Faculties. - There shall be a Dean for each Faculty who shall be the Chairman of the Faculty Board and shall be responsible for the faithful observance of the provisions of the Act, Statues and Regulations relating to the faculty and for the organization and conduct of the teaching, research and extension work of the departments comprised therein. ### 30. Director of Research. - There shall be a Director of Research who shall be responsible for the direction and coordination of research programmes of horticulture and allied sciences in the University as laid down in section 41 and efficient working of research stations. ### 31. Director of Extension. - There shall be a Director of Extension who shall be responsible for the Extension Programmes as laid down in section 42. ### 32. Director of Industrial and International Programmes. - There shall be a Director of Industrial and International programmes, who shall be responsible for coordination of programmes with industries in relation to the board objectives of the University and coordinate the International programmes concerning the University. ### 33. Dean of Students' Affairs. - The Dean shall have the following duties: (1) to make arrangements for housing of students and supervise management of students' hostel, cafeteria, mess etc., (2) to plan and organize students' extra-curricular activities such as sports, cultural and, other recreational activities, NCC, NSS and other allied activities of the University; (3) may make arrangements for the employment of students with the approval of the Vice-Chancellor; (4) to plan and direct the programme of students advisement and counselling and to enlist the co-operation of prospective employers and employment agencies to assist in the placement of graduates of the University and to promote discipline amongst the students of the University; (5) to supervise and control medical and health services and other welfare measures of the students in the University; (6) to make arrangement for scholarships, stipends, part-time employments and travel facilities for the study tour of the students; (7) to organize and maintain contact with the alumni of the University; (8) such other functions, as may be prescribed. ### 34. Registrar. (1) The Registrar shall be responsible for the due custody of records and the common seal of the university. He shall be the Ex-officio Non-Member Secretary of the Board and the Ex-officio Member-Secretary of the Academic Council and shall be bound to place before it all such information as may be necessary for the transaction of its business. He shall receive applications for entrance to the University and shall keep a permanent record of all courses, curricula and other information as may be necessary. (2) The Registrar shall be responsible for maintaining permanent records of the Academic Council, performance of the students of the University including the courses taken, credits obtained, degrees, prizes or other distinctions and other items pertaining to the academic performance and discipline of the students. (3) The Registrar shall be responsible for the conduct of the examinations and for the due execution of all processes connected therewith. (4) The Registrar shall be responsible for establishment matters and general administration in the University, as prescribed. (5) The salary and allowances payable to the Registrar and the conditions of service shall be such as may be prescribed: Provided that the conditions of service of the Registrar shall not be varied to his disadvantage after his appointment. (6) The Registrar may, by writing under his hand addressed to the Board, resign his office. The resignation shall be delivered to the Board ordinarily sixty days prior to the date on which the Registrar wishes to be relieved of his office, but the Board may relieve him earlier. The resignation shall take effect from the date of relief. ### 35. Comptroller. (1) The Comptroller shall be responsible for preparation of the budget and statement of accounts of the University for presentation by the Vice-Chancellor, for approval of the Board. He shall manage the funds and investments of the University. He shall be responsible for ensuring that expenditure is made as authorized. (2) The Comptroller shall arrange periodical internal inspection of the accounts maintained in the various units of the University. (3) The Comptroller shall be responsible for the maintenance of the accounts of the University in the form and manner as approved by the Board and constantly monitor the state of cash and bank balance and the state of investment. (4) The Comptroller shall manage the property and the investments of the University and tender advice in regard to its financial policy. (5) The Comptroller shall see that the register of buildings, furniture, equipments and other items, are maintained up-to-date and arrange for the stock checking of all items in all offices and units of the University. ### 36. Controller of Examinations. - The Controller of Examinations shall,- (1) assist the Registrar and co-ordinate for admission of students in different courses of study; (2) assist the University Officers in preparation of Academic calendar; (3) coordinate the conducting of examinations in the University; (4) check the grade point of the students in their examinations and forward the same for approval of the Deans of the Faculty and the Registrar; (5) issue necessary certificates to the students of their result in examinations; (6) co-ordinate in awarding diplomas and prizes to the students at the annual Convocation. ### 37. Estate Officer. - The Estate Officer shall be responsible for execution of civil works and maintenance of the Buildings, all civic amenities, roads fencing, play grounds, parks and lands of the University other than the land comprising the horticultural and other farms and such other functions as may be prescribed. ### 38. University Librarian. - The University Librarian shall be responsible for the maintenance and management of the University Library and to guide and coordinate the working in the libraries of the various constituent units of the University and to prepare the annual estimate of operational and developmental requirements of all the libraries of the University. ### 39. Common to the Officers other than Chancellor and Vice-Chancellor. (1) The Officers of the University referred to in clauses (iii) to (xi) of section 24 shall be appointed by the Vice-Chancellor with the approval of the Board of Management on such terms and conditions and in the manner, as may be prescribed: Provided that the Vice-Chancellor may make appointments of such officers as a temporary measure for a period of six months under intimation to the concerned authority of the University. (2) The salary and allowances payable to and conditions of service of the officers in sub-section (1) shall be such as may be prescribed: Provided that the emoluments and the conditions of service of the officers shall not be varied to their disadvantage after their appointment. (3) The Officers of the University as referred to in subsection (1) shall be whole time officers and shall be responsible to the Vice-Chancellor for the organization and implementation of the programmes concerning to them. (4) No officer shall accept any remuneration from any source other than the remuneration to which he is entitled under the Statutes. (5) Subject to the provisions of this Act, the Officers of the University referred to in clauses (iii) to (xi) of section 24 shall perform such other duties as may be prescribed or as may be assigned to them, from time to time, by the Board or the Vice-Chancellor. Chapter - V Teaching, Research and Extension ### 40. Teaching. (1) Subject to the provisions of this Act, teaching in the University shall include Bachelor's, Master's and Doctoral Degree Programme and short-term Diploma Courses in the disciplines of Horticulture/Agriculture, Forestry and other allied sciences, as may be prescribed. (2) Teaching programmes may be based on modern system of "Horticultural Education" with the objective of producing competent and practical oriented graduates and post graduates to handle production, management, research, extension and teaching work. (3) The existing colleges and teaching units along with the facilities and the budgets in the field of Horticulture etc., in the Government Departments shall be transferred to the University with effect from such date as the Government may notify. ### 41. Research. (1) The University may establish and maintain one or more Horticultural/Agricultural Experiment Stations for research, both fundamental and applied in all Faculties, in addition to the maintenance of institutions which stand transferred to the University. (2) Subject to the provisions of this Act, research programmes in the University shall carry on research (fundamental as well as applied) on the problems in the fields of Horticulture and other allied sciences for the purpose of aiding the development of "Horticulture" and for the benefit of rural population in the State. (3) The University through its research organization shall be the principal agency of control over research activities in Horticulture and other allied branches in the State. (4) The existing research organization and experimental stations along with the facilities and budget in the field of Horticulture and allied branches in the Government Departments shall be transferred to the University with effect from such date as the Government may notify. (5) The University may establish Regional/Zonal Research Stations and sub-stations in different agro-climatic zones of the State for the conduct of research including operational research. (6) The University may, at any time, with the approval of the Government close down, either permanently or temporarily any of the Experiment Stations specified in subsection (1). ### 42. Extension. (1) There shall be established Extension programmes/ activities in the University and shall, subject to the provisions of this Act and Statutes, make useful information available to farmers and others based upon findings of research to help and solve their problems. It shall conduct demonstrations and training programmes and undertake advisory work for the benefit of students, extension workers and farmers. Extension activity of the University shall be coordinated with the other functions of the University and other appropriate agencies of the State. (2) The University shall be responsible for the Extension activities as may be necessary to inform and demonstrate to the farmers the findings of research on improved practices essential to improve rural living and to increase production with special emphasis on food production and utilization. In order that the University may conduct such activities, the State shall transfer to the University the necessary personnel, facilities and funds in accordance with a plan to be developed and mutually agreed upon by the University and the Government. ### 43. Co-ordination of Teaching, Research and Extension, Integration of Functions and Curricula and Services. (1) The Vice-Chancellor shall take such steps as may be necessary in consultation with the appropriate officers of the University, for the full co-ordination of teaching, research and extension activities of the University. (2) The Vice-Chancellor shall ensure working through the appropriate officers and staff of the University to see that there is an appropriate inter-relation in the different curricula and courses offered in the different Faculties of the University so as to avoid unnecessary duplication of functions between faculties of the University and provide the students with the best course offerings and faculty contacts feasible within the University's resources and talents. (3) The University shall develop its programme of research and extension activities keeping in view the needs of the State and provide the appropriate technical support and consultative advice to the Government departments engaged in the development work in Horticulture and other allied branches. ### 44. Co-ordination among Government Departments and University. - The Government shall endeavor to secure proper coordination between the Departments of the Government and the University of the University's activities and may tender necessary advice to the Board in that regard. Chapter - VI Appointment of Teachers ### 45. Appointment of Teachers. - The teachers of a Faculty shall be appointed by the Board on the recommendation of the Selection Committee in the manner prescribed and their remuneration and other conditions of service shall be such as may be prescribed. ### 46. Provident Fund, Pension, Insurance and Welfare Fund. (1) The University shall constitute for the benefit of its officers, teachers, ministerial staff and other employees, in such manner and subject to such conditions as may be prescribed, such pension, gratuity, insurance, provident fund as it may deem fit: Provided that the University shall have power in consultation with the Finance Committee, to invest the Provident Fund amount in such manner as it may determine. (2) For such pension, gratuity, insurance and provident fund so constituted by the University, the Government may declare that the provisions of the Provident Fund Act shall apply to such funds as if it were a Government provident fund. (3) The University, in addition, may constitute welfare funds for the benefit of its employees and students. ### 47. Tribunal of Arbitration for disputes between the University and its staff. - Any dispute arising out of a contract between the University and any employee of the University shall, on the request of the employee concerned or at the instance of the Board, be referred to a Tribunal of Arbitration consisting of one member nominated by the Board, one member nominated by the employee concerned and an umpire appointed by the Government. The decision of the Tribunal shall be final. Chapter - VII Funds and Accounts ### 48. University Funds. (1) The University shall have a General Fund to which shall be credited: (i) its income from fees, endowments and grants and income from properties of the University including hostel, experimental stations and farms; (ii) contribution and grants made by the Government on such conditions as are consistent with the provisions of this Act; (iii) other contributions, grants, donations, benefications and loans and other receipts. (2) The University shall form a fund called the Foundation Fund from contributions and grants made by the Central Government or the State Government or approved agency for being credited to that fund and such other sums as may be specified by the Board, shall be credited to this fund. The Board may, as and when necessary, retransfer such amount as may be specified, from the Foundation Fund to the General Fund, in the manner prescribed. (3) The University shall furnish statements of accounts, reports and other particulars to the Government relating to any grant made by the Government and shall take such action and furnish such statements, accounts, reports and other particulars relating to the utilization of any grant within such time and manner as the Government may direct. (4) It shall be competent for the University in furtherance of its objectives to accept the grants from the Government or any other State Government or the Central Government or Statutory Bodies or endowments or donations under such conditions as may be agreed upon between the University and the grantor or donor. (5) The University may have such other funds and shall maintain such accounts in respect of every fund as may be prescribed. ### 49. Borrowing of Money. - The University may accept moneys from the Government of India, Indian Council of Agricultural Research, the State Government, the University Grants Commission and also borrow money from a Bank or a corporation for the purpose of the University: Provided that where the University intends to borrow money from a Bank or a Corporation or both exceeding an amount of fifty lakhs of rupees at a time or in the aggregate, it shall obtain the prior written approval of the Government thereof. ### 50. Certain restrictions in respect of financial matters. - The University shall not divert earmarked funds for other purpose, or revise the scales of pay of its staff or implement any scheme which involves any matching contribution from the Government or which imposes a recurring liability on the Government after the assistance from the sponsoring authority ceases without the prior written approval of the Government: Provided that this section does not apply to exigencies where the University meets the expenditure within the approved budget or in respect of schemes or programmes fully financed (100%) by other agencies /Government for specified periods: Provided further that the Finance Committee may authorize the creation and filling up of posts of teachers for a period not exceeding two years, but any such post shall not be continued or created afresh for any period beyond the said period of two years without the prior written approval of the Government. ### 51. Finance Committee. (1) The Board shall constitute a Finance Committee consisting of:- (i) The Vice-Chancellor (Ex-officio Chairman); (ii) The Secretary to Government, Finance Department who is member of the Board; (iii) One person from among the faculty Deans to be nominated by the Vice-Chancellor; (iv) One person from among the Directors to be nominated by the Vice-Chancellor; (v) One Member who should be the Non-officials, nominated from among the Board; (vi) Comptroller shall be the Ex-officio Member- Secretary of the Committee. (2) Finance Committee shall have the following functions, namely:- (i) to examine the annual accounts and budget estimates of the University and to advise the Board thereon; (ii) to review the financial position of the University at least once in six months and as may be necessary; (iii) to make recommendations to the Board on all matters relating to the finances of the University. ### 52. Accounts and Audit. - The Annual Statement of Accounts of the University shall be prepared by the Comptroller and certified by an authority to be nominated or authorized by the Government. The Statement shall include all the money accruing to or received by the University. Such statement shall be printed and submitted to the Government by the Board after close of the financial year to which these pertain. ### 53. Government Grants. - The Government shall every year make the following lumpsum grants to the University, namely:- (i) A grant not less than the expenditure incurred in the State on such of the activities of the Institutions of Horticulture and other Government Departments as are transferred to the University; (ii) A grant not less than the estimated net expenditure of pay and allowances of the staff, contingencies, supplies and services of the University other than the activities in various organizations referred to above in clause (i); (iii) A grant to meet such additional items of expenditure, recurring and non-recurring, as the Government deems necessary for the proper functioning of the University; (iv) The State Government shall also make nonlapsable lumpsum grant to the University in respect to schemes included in every Five Year Plan and transferred to it for implementation by the University of an amount equal to the net outlay in the annual plan. Adjustments may be made for the anticipated assistance from the Central Government and other agencies sponsoring such schemes, provided such assistance may come to the University directly. Chapter - VIII Statutes and Regulations ### 54. Statutes. - Subject to the provisions of this Act, the statutes may provide for all or any of the following matters, namely:- (a) the constitution, powers and duties of the Authorities; (b) designations, powers, functions, duties manner of appointment and selection and terms and conditions of service of the officers other than Chancellor and Vice-Chancellor; (c) terms and conditions of service of the Vice-Chancellor; (d) classification and manner of appointment, terms and conditions of service, remuneration and allowances including traveling and daily allowances of teachers and non-teaching staff of the University; (e) the establishment, amalgamation, sub-division and abolition of Faculties/Colleges/Research Stations; (f) the constitution of pension, insurance, provident fund etc; (g) all other matters necessary for carrying out all or any of the purposes of the Act. ### 55. Statutes how made. (1) The statutes with regard to matters set out in section 54 shall be made by the Government. (2) Subject to the prior approval of the Government, the Board may amend or repeal any statute. (3) The Academic Council, Research and Extension Council, as the case may be, may propose to the Board the draft of any statute to be made by the Board and such draft shall be considered by the Board at its next meeting: Provided that the Academic Council, Research and Extension Council as the case may be, shall not propose the draft of any such statute, any amendment of a statute or repeal of a statute affecting the stature, powers and constitution of any existing authority until such Authority has been given an opportunity to express its views on such proposal and any views so expressed shall be considered by the Board. (4) The Board may consider any such draft as is referred to in sub-section (3) and make the statute or reject or return it to the Academic Council, Research and Extension Council, as the case may be, for reconsideration, either in whole or part, together with any amendments which it may suggest. (5) Any member of the Board may propose to it the draft of any amendment of a Statute or repeal of a statute and the Board may either accept or reject the proposal if it relates to a matter not falling within the purview of the Academic Council, Research and Extension Council, as the case may be. In case such draft relates to a matter within the purview of Academic Council, Research and Extension Council, as the case may be, the Board shall refer it for consideration to the Academic Council, Research and Extension Council, as the case may be, which may either report to the Board that it does not approve the proposal, which shall then be deemed to have been rejected by the Board or forward such draft to the Board in such form as the Academic Council Research and Extension Council as the case may be, may approve, and the provisions of this section shall apply in the case of a draft so forwarded as they apply in the case of a draft proposed to the Board by the Academic Council, Research and Extension Council, as the case may be. (6) Every statute made under sub-section (1) shall, immediately after it is made, be laid before the both Houses of State Legislature if it is in session and if it is not in session in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the House agrees in making, any modification in the statute or in the annulment of the statute, the statute shall thereafter 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 the statute. ### 56. Regulations. (1) The Authorities of the University may make regulations consistent with this Act and the Statutes for laying down the procedure for their meetings and the number of members required to form the quorum,- (a) providing the matters which under the Act and Statutes are to be regulated by the Regulations; (b) providing for any other matter solely concerning the authority and not providing for by this Act and Statutes. (2) The Academic Council may, subject to the provisions of this Act and the Statutes, make regulations providing for courses of study, system of examination, academic calendar, award of degrees and diplomas of the University and other matters related to instruction. (3) The regulations made by any authority of the University shall be subject to such direction as the Board may, from time to time, give in this behalf. (4) The Board of Management may make Regulations for,- (i) the procedure at meetings of Authorities including the quorum for the transaction of business by them; (ii) the holding of convocations to confer degrees and diplomas; (iii) the conferment and withdrawal of honorary degrees and other distinctions; (iv) the establishment, amalgamation and abolition of departments/ divisions of teaching in the Faculties/Colleges; (v) the establishment and abolition of hostels maintained by the University on the recommendation of Academic Council; (vi) the institution and withdrawal of fellowships, scholarships, studentships, bursaries, medals and prizes and the conditions of award thereof, on recommendation of the Academic Council; (vii) remunerations and allowances including travelling and daily allowances to be paid to officers, teachers and other persons employed under the University; (viii) the conditions under which students shall be admitted to the degree, diploma or other courses and to the examinations of the University and the conditions for the award and withdrawal of degrees and diplomas, on the recommendation of the Academic Council; (ix) the conditions of residence of the students of the University and the levying of fees for residence in hostels maintained by the University; (x) the fees which may be charged by the University connected therewith; (xi) any other matter connected with the management of University. (5) The Academic Council may make regulations for,- (i) the establishment and abolition of hostels maintained by the University; (ii) the institution of fellowships, scholarships stipend, bursaries, medals and prizes and the conditions of award thereof; (iii) the entrance or admission of the students to the University and their enrollment and continuance as such and the conditions and procedures for dropping students from enrollment; (iv) the fees which may be charged by the University; (v) the courses of study to be laid down for all degrees, diplomas and certificates of the University; (vi) the conditions under which students shall be admitted to the degrees, diplomas or other courses and examinations of the University and their eligibility for the award of degrees and diplomas; (vii) the conditions for conferment of degrees and other academic distinctions; (viii) the maintenance of discipline among the students of the University; (ix) the special arrangements, if any, which may be made for residence, discipline and teaching of women students and the provision of special courses of study for women; (x) the conditions of residence of students of the University and the levy of fees for residence in hostels; (xi) the recognition and management of hostels not maintained by the University; (xii) the conditions and mode of appointment and the duties of examining bodies and examiners; (xiii) the conduct of examinations; (xiv) any other matter connected with the academic affairs of the University. (6) The Research and Extension Council may make regulations for,- (i) constitution of zonal councils and working groups for various related disciplines in research stations and extension centres; (ii) monitoring and evaluation of research and extension programmes; (iii) functioning of different research and extension programmes; (iv) integration of research, extension and teaching; (v) training programmes for various functionaries involved in horticultural development; (vi) conferring distinctions and awarding prizes to the farmers and others who contributed for the development of horticulture; (vii) any other purpose envisaged in the objects of the University relating to research and extension. Chapter - IX Miscellaneous ### 57. Residence of Students. - The students shall reside in the accommodation maintained by the University or approved by the Vice-Chancellor subject to the conditions as may be prescribed. However the Vice-Chancellor or an authorized officer of the University may permit the student(s) to reside with their parents or in private accommodation for valid reason. ### 58. Annual Report. - The Annual report of the University shall be prepared by the Registrar (or any other officer, if assigned) under the direction of the Vice-Chancellor normally within six months from the close of the Financial Year and circulated to the members of the Board one month before meeting at which it is to be considered. The Board shall after consideration of the annual report forward a copy thereof to the Government. ### 59. Temporary Appointment of officers and constitution of Committees. - Notwithstanding anything in this Act, and until such time as the authorities are duly constituted, the Vice- Chancellor may appoint any officer or constitute any Committee temporarily to exercise, perform and discharge all or any of the powers, functions and duties of such Authorities under the Act. The Vice-Chancellor shall report the matter to the appropriate authority, which normally deals with the matter, when it is constituted. ### 60. Powers of Government to transfer certain colleges and institutions to the University. - (1) With effect on and from the appointed date, all colleges situated in Telangana State and admitted to the privileges of Dr.Y.S.R. Horticultural University, Venkataramannagudem, West Godavari District shall be deemed to have admitted to the privileges of the University. [(2) Notwithstanding anything in Dr.Y.S.R. Horticultural University, Act (Act No. 30 of 2007 ), all colleges and institutions affiliated to Dr.Y.S.R.Horticultural University and located in Telangana State shall, on and from the appointed day i.e. 23.12.2014 be dis-affiliated from the said University and thereupon they shall be deemed to have been affiliated to the University. (3) Notwithstanding the dis-affiliation of thes colleges under sub-section (1) from Dr.Y.S.R. Horticultural University may request Dr.Y.S.R. Horticultural University for the conduct of examinations and the declarations of results so far as they relate to the current academic year and it may also request for necessary action in the interest of students to meet any contingency that might arise, as a result of the dis-affiliation under sub-section (1).] [Sub-section (1) substituted by sub-sections (1) to (3) of section 60 by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] (4) [] [The existing sub-sections (2) to (7) of section 60 are renumbered as sub-sections (4) to (9) by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] Notwithstanding anything in the [Professor Jayashankar Telangana State Agricultural University] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] Act, 1963 or the statutes made thereunder, the colleges and institutions relating to horticulture and other allied subjects, specifically indicated in the notification, shall, as from the date notified in the [Telangana] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] Gazette by the Government in this behalf, shall be disaffiliated of that University. (5) The control and management of the colleges and institutions specified in sub-sections (1) and (2) shall, as from the date notified by the Government, stand transferred to the University and all the properties and assets and liabilities and obligations of the Government and [Professor Jayashankar Telangana State Agricultural University] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] in relation thereto shall stand transferred to, vest in, or devolve upon, the University. (6) The compensation payable by the University to 18[Professor Jayashankar Telangana State Agricultural University] in respect of the transfer and vesting of the properties and assets and the devolution of liabilities and obligations shall be such, as may be agreed upon between the two Universities. In default of such agreement, the compensation shall be determined by the Government, after giving opportunity to the two Universities of making their representations in that regard, and the decision of the Government in the matter shall be final. (7) Notwithstanding anything in this Act, where the control and management of any college or institution has been transferred to the University under sub-section (3) the University shall employ all teachers and other employees of the Government or the [Professor Jayashankar Telangana State Agricultural University] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] , as the case may be, who immediately before the date notified by the Government under the above sub-section were serving in or were attached to those institutions, on such foreign service conditions as may be determined by the Government in the case of a Government employee or by the [Professor Jayashankar Telangana State Agricultural University] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] in the case of an employee of that University: Provided that no deputation or any other allowance shall be payable to any such employee. (8) Notwithstanding anything in sub-section (5), every such teacher or other employee of the Government or [Professor Jayashankar Telangana State Agricultural University] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] , as the case may be, shall within a period of two years exercise his/her option to revert to the service under the Government or [Professor Jayashankar Telangana State Agricultural University] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] , as the case may be, to which he belongs, failing which he shall be deemed to have been absorbed in the service of the University with effect from the date notified by the Government under sub-sections (1) and (2) and shall from the said date, be governed by the terms and conditions governing the said service: Provided that any employee wants to remain in the former service can revert to that service. Such exercise shall complete within two years of the commencement of the Act: Provided further that- (i) the terms and conditions offered by the University to such teachers and other employees consequent on their absorption in the service of the University shall not be less favourable than those applicable to such teachers and other employees, immediately before the date notified by the Government under sub-sections (1) and (2), as respects remuneration, leave, pension, gratuity, provident fund etc.; (ii) the service rendered by any such teacher or other employee under the Government or [Professor Jayashankar Telangana State Agricultural University] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] , as the case may be, up to the date notified as aforesaid shall be deemed to be in service under the University and he shall be entitled to count that service for the purpose of increments, leave, pension or provident fund, gratuity etc: Provided also that the employees of the Government/ [Professor Jayashankar Telangana State Agricultural University] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] who are working in the related Agricultural/ Horticultural institutions may also be provided with an opportunity of exercising their option to serve in the University, with the same conditions as provided in subsection and such option shall be called through a notification within three months from the date of completion of the notification indicated in this sub-section. (9) Notwithstanding anything in this Act or the Statutes made thereunder, any student of the University College who was studying for any examination of [Professor Jayashankar Telangana State Agricultural University] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] shall be permitted to complete his course in preparation therefor and the University shall make arrangements for holding for such students examinations for such period as may be prescribed, in accordance with curricula of studies of [Professor Jayashankar Telangana State Agricultural University.] [Substituted by G.O.Ms.No.31, Agriculture and Cooperation (Horti & Seri) Department, dated 22.12.2014.] ### 61. Delegation of Powers. - The Board may, by Statutes made in this behalf delegate to any officer or authority of the University any of the powers conferred on it, by or under this Act, to be exercised by such officer or authority, subject to such restrictions and conditions as may be specified in such Statutes. ### 62. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, do anything which appears to it necessary for the purpose of removing the difficulty. (2) No order made under sub-section (1) shall be questioned in any court of law on the ground that no difficulty as is referred to in the said sub-section, existed to be removed. ### 63. Repeal of Ordinance 8 of 2007. - The Andhra Pradesh Horticultural University Ordinance, 2007 is hereby repealed.

65b909c0ab84c7eca86e82ff

acts

State of Telangana - Act -------------------------- Hyderabad Metropolitan Region, Disposal of Stray Bits and Land of Hyderabad Metropolitan Development Authority Rules, 2017 ---------------------------------------------------------------------------------------------------------------------------- TELENGANA India Hyderabad Metropolitan Region, Disposal of Stray Bits and Land of Hyderabad Metropolitan Development Authority Rules, 2017 ============================================================================================================================ Rule HYDERABAD-METROPOLITAN-REGION-DISPOSAL-OF-STRAY-BITS-AND-LAND-OF-HYDERABAD-METROPOLITAN-DEVELOPMENT-AUTHORITY-RULES-2017 of 2017 --------------------------------------------------------------------------------------------------------------------------------------- * Published on 22 December 2017 * Commenced on 22 December 2017 Hyderabad Metropolitan Region, Disposal of Stray Bits and Land of Hyderabad Metropolitan Development Authority Rules, 2017 Published vide Notification No. G.O.Ms.No. 329, Municipal Administration & Urban Development (Plg.1 (1) ), 22.12.2017 G.O.Ms.No. 329, Municipal Administration & Urban Development (Plg.I (1) ), 22nd December, 2017. - In exercise of the powers conferred by sub-section (1) of section 56 of the Hyderabad Metropolitan Development Authority (HMDA) Act, 2008 (Act No.8 of 2008 ) the Government of Telangana State hereby notify the following rules namely the Hyderabad Metropolitan Region, Disposal of Stray Bits and Lands of Hyderabad Metropolitan Development Authority, Rules, 2017. ### 1. Short title and Extent. (a) These Rules may be called "the Hyderabad Metropolitan Region, Disposal of Stray Bits and Land of Hyderabad Metropolitan Development Authority Rules, 2017"; (b) These Rules shall be applicable to all the areas covered in the Hyderabad Metropolitan Region notified under Section 3 of Hyderabad Metropolitan Development Authority Act, 2008 (Act No.8 of 2008 ); (c) They shall come into force from the date of publication of the notification in Telangana State Gazette. ### 2. Definitions. (a) "Act" means the Hyderabad Metropolitan Development Authority (HMDA) Act, 2008 (Act No.8 of 2008 ). (b) "Competent Authority" : means the Metropolitan Commissioner of Hyderabad Metropolitan Development Authority and the officers designated by the Metropolitan Commissioner for carrying out and implementing this rules. (c) "Executive Committee" : means the Committee constituted under section 5(1) of the Hyderabad Metropolitan Development Authority Act, 2008; (d) "Government" : means the State Government of Telangana; (e) "Land" includes benefits to arise out of land, things attached to the earth or permanently fastened to anything attached to the earth; (f) "Stray Bit" : means the land pockets which were not assigned any plot number, having uneven surface, having no proper shape, having no approach road, land pockets with boulders and huge pits shall be treated as Stray Bits; (g) "Left over Plots" : means the plots which are left over unsold during the previous auctions and future auctions in HMDA/developed layouts shall be treated as left over plots; (h) "Acquired land" : means the lands acquired by Hyderabad Metropolitan Development Authority under the Land Acquisition Act 1894 (Central Act-1 of 1894) or under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Central Act 30 of 2013) and also including consent land purchased through negotiation; (i) "Allotted lands" : means the land parcel allotted to Hyderabad Metropolitan Development Authority by Government for resource mobilization or for various purposes; (j) "Gifted lands" : means lands gifted to Hyderabad Metropolitan Development Authority by private layout developers towards Capitalization charges; (k) "Mortgaged lands" : means the lands mortgaged by private layout developers or builders towards surety for completion of the project; ### 3. Applicability. - These rules shall be applicable to the entire notified area of the Hyderabad Metropolitan Region under section 3 (1) of the Hyderabad Metropolitan Development Authority Act, 2008 (Act No. 8 of 2008 ). ### 4. Committee for identification for disposal of stray bits and lands of Hyderabad Metropolitan Development Authority. - A Committee shall be constituted for identification and disposal of the lands belonging to Hyderabad Metropolitan Development Authority. Particularly, stray bits, gifted lands, mortgaged lands, acquired lands and lands allotted to Hyderabad Metropolitan Development Authority by Government. The committee consists of the following members namely:- (1) Member Estates, Chairman, (2) Superintendent Engineer, Member (3) Chief Planning Officer, Member (4) Deputy Collector, Land Acquisition, ORR, Member (5) Estate Officer, Convener & (6) Any other member suggested by M.C. HMDA ### 5. Procedure for Disposal of the lands. - (i) All the lands identified by the Committee irrespective of sizes shall be put to e-auction. (ii) The minimum upset price shall be one and half times of the basic value of Sub-Registrars concerned as on the date of auction. (iii) In the first e-auction, no bidder comes forward, second time auction shall be conducted, (iv) Even in case of second e-auction, no bidder comes forward, the same shall be conducted after six months. (v) Even in case of single bidder, in second auction quoted price is more than or equal to upset price it can be agreed. If it is less than upset price it should go for e-auction. (vi) The Earnest Money Deposit (EMD) shall be 10% of the estimated cost of the plot/stray bit. (vii) For conducting e-auction, appropriate agency may be engaged. ### 6. Mode of Payment. (1) Upon confirmation of the allotment, the allottee shall pay 25% of the bid amount within one week and the balance amount shall be deposited within two months. (2) The successful bidders who want to avail installment facility shall pay the following interest:- (i) with 10% simple interest up to 90 days excluding initial 60 days. (ii) 12% interest upto 180 days excluding initial 60 days. (iii) 15% interest upto one year excluding initial 60 days. (3) All payments or deposited will be accepted in the shape of Demand Draft (DD's) or Real Time Gross Settlement (RTGS) / National Electronic Funds Transfer (NEFT), e-payment, in favour of the Metropolitan Commissioner, Hyderabad Metropolitan Development Authority, no cheques and cash will be entertained. ### 7. Forfeiture of Earnest Money Deposit (EMD) and Initial deposit. - In the event of failure of payment of any installments within one year, the entire paid amount shall be forfeited. ### 8. Registration. - (i) Upon the realization of full amount, the Estate Officer or the officer designation for this purpose by Metropolitan Commissioner, Hyderabad Metropolitan Development Authority shall register within (30) days. (ii) The stamp duty and registration charges and other fees if any shall be borne by the successful bidders. ### 9. Terms and conditions for e-auction. - Subject to above rules and regulations, Member Estate shall prepare terms and condition for every e-auction with the approval of Metropolitan Commissioner, Hyderabad Metropolitan Development Authority. ### 10. Grievances and Redressal. - The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority is the grievance redressal officer authority, upon his decision, an appeal lies to Government. ### 11. Power to cancellation of e-tender. - The Metropolitan Commissioner, Hyderabad Metropolitan Development Authority or Government is the final authority for Cancellation of e-tender.

65b91af0ab84c7eca86e84f9

acts

State of Uttar Pradesh - Act ------------------------------ U.P. Co-operative Societies (Second Amendment) Act, 2007 ---------------------------------------------------------- UTTAR PRADESH India U.P. Co-operative Societies (Second Amendment) Act, 2007 ========================================================== Act 46 of 2007 ---------------- * Published on 10 December 2007 * Commenced on 10 December 2007 U.P. Co-operative Societies (Second Amendment) Act, 2007 (U.P. Act 46 of 2007 ) Statement of Objects and Reasons. - Section 29 of the Uttar Pradesh Co-operative Societies Act, 1965 (U.P. Act 11 of 1966) inter alia provided that the term of every Committee of Management shall be five years and the term of elected members of the Committee of Management shall be co-terminous with the term of such Committee and the Registrar may extend the term of the outgoing Committee of Management for a period up to six months where for any extraordinary circumstances the elections of the members of the Committee of Management has not been, or could be completed. It has been felt that due to the term of the Committee being long the misuse of power and administrative and financial irregularities were increasing. It was, therefore, decided to amend the said Act to provide for reducing the term of Committee of Management and the members thereof from five years to two years and empowering the Registrar to postpone an election where he is satisfied that circumstances exist which render it difficult for him to hold the election on the date fixed therefore and to appoint an administrator or Committee of Administrators after the expiry of the term of the Committee of Management of which the election of the elected members has not taken place or could not take place for any reason whatsoever. Since the State Legislature was not in session and immediate legislative action was necessary to implement the aforesaid decision, the Uttar Pradesh Co-operative Societies (Second Amendment) Ordinance, 2007 (U.P. Ordinance 34 of 2007) was promulgated by the Governor on September 5, 2007. This Bill is introduced to replace the aforesaid Ordinance. (As passed by the Uttar Pradesh Legislature) Received the assent of the Governor on December 9, 2007 and published in the Uttar Pradesh Gazette, Extraordinary, Part 1, Section (Ka) , dated 10th December, 2007, pages 4-7. An Act further to amend the Uttar Pradesh Co-operative Societies Act, 1965. It is hereby enacted in the Fifty-eighth Year of the Republic of India as follows:- ### 1. Short title and Commencement. (1) This Act may be called the Uttar Pradesh Co-operative Societies (Second Amendment) Act, 2007. (2) It shall be deemed to have come into force on September 5, 2007. [Section 2, Incorporated in the principal Act] ### 3. Repeal and Saving. (1) The Uttar Pradesh Co-operative Societies (Second Amendment) Ordinance, 2007 (U.P. Ordinance 34 of 2007) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the principal Act as amended by the Ordinance referred to in sub-section (1) shall be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act as if the provisions of this Act were in force at all material times.

65b9a689ab84c7eca86e98c1

acts

State of Haryana - Act ------------------------ Indian Forest (Haryana Second Amendment) Act, 1973 ---------------------------------------------------- HARYANA India Indian Forest (Haryana Second Amendment) Act, 1973 ==================================================== Act 31 of 1973 ---------------- * Published on 5 July 1973 * Commenced on 5 July 1973 Indian Forest (Haryana Second Amendment) Act, 1973 Haryana Act No. 31 of 1973 Statement of Objects and Reasons. - Due to over all rise in prices, the value of forest produce has increased tremendously as compared to its value in 1927 when the Indian Forest Act, 1927 was enacted. Consequently the punishment provided in the Act for Forest offences does not have deterrent effect over the offenders as it is taken insignificant compared to the illegal gains accruing to them. This leads to the steady increase in the number of forest offences and gradual diminution of the forest produce in the State. It has, therefore, been considered essential to provide for enhanced punishment for forest offences through this Bill so as to restrict the number of forest offences and for the better preservation of forest produce. Published vide Haryana Government Gazetted Extraordinary dated 13.6.1973. Page 1316. Received the assent of the Governor of Haryana on the 5th July, 1973, and was published in the Haryana Gazette, (Extra.), Legislative Supplement, Part I, dated July 10, 1973. An Act to amend the Indian Forest Act, 1927, in its application to the State of Haryana. Be it enacted by the Legislature of the State of Haryana in the Twenty-fourth Year of the Republic of India as follows :- ### 1. Short title. - This act may be called the Indian Forest (Haryana Second Amendment) Act, 1973. ### 2. Amendment of Section 26 of Central Act 16 of 1927. - In sub-section (1) of section 26 of the Indian Forest Act, 1927 (hereinafter referred to as the principal Act), for the words "which may extend to six months, or with fine which may extend to five hundred rupees", the words "which may extend to one year, or with fine which may extend to one thousand rupees" shall be substituted. ### 3. Amendment of section 33 of Central Act 16 of 1927. - In sub-section (1) of section 33 of the principal Act, for the words "which may extend to six months, or with fine which may extend to five hundred rupees", the words "which may extend to one year, or with fine which may extend to one thousand rupees" shall be substituted.

65ba7865ab84c7eca86eb85b

acts

Union of India - Act ---------------------- The Information Technology (Conditions of Service of the Controller) Rules, 2000 ---------------------------------------------------------------------------------- UNION OF INDIA India The Information Technology (Conditions of Service of the Controller) Rules, 2000 ================================================================================== Rule THE-INFORMATION-TECHNOLOGY-CONDITIONS-OF-SERVICE-OF-THE-CONTROLLER-RULES-2000 of 2000 -------------------------------------------------------------------------------------------- * Published on 25 October 2000 * Commenced on 25 October 2000 The Information Technology (Conditions of Service of the Controller) Rules, 2000 Published vide Notification No. G.S.R. 838(E) , dated 25th October, 2000 Ministry of Information Technology G.S.R. 838(E) . - In exercise of the powers conferred by section 87 of the Information Technology Act, 2000 ( 21 of 2000 ), the Central Government hereby makes the following rules regulating the qualifications, experience and other terms and condition of service of the Controller, namely :- ### 1. Short title and commencement. (1) These rules may be called the Information Technology (Conditions of Service of the Controller) Rules, 2000. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions. - In these rules, unless the context otherwise requires- (a) "Act" means the Information Technology Act, 2000 ( 21 of 2000 ); (b) "Controller" means the Controller of Certifying Authorities appointed under sub-section (1) of section 17 vested with powers and responsibilities under the Act. ### 3. Educational qualifications and experience. - No person shall be appointed as a Controller unless he has- (i) Bachelor's Degree in Engineering/Technology and 20 years' experience out of which 5 years should be at senior management levels in Information Technology (IT) or related sectors; or (ii) Master's Degree in Science/Engineering/Technology and 18 years' experience out of which 5 years should be at senior management levels in Information Technology (IT) or related sectors; or (iii) Doctorate in Science/Engineering related sectors or equivalent and 15 years' experience out of which 5 years should be at senior management levels in Information Technology (IT) or related sectors; or (iv) Management Degree (MBA) with Bachelor's Degree in Engineering/Technology or Bachelor's Degree in Science and 18 years' experience out of which 5 years should be at senior management levels in Information Technology (IT) or related sectors. ### 4. Terms and conditions of service of the Controller. - The Controller shall hold office for a period of 3 years, but shall be eligible for reappointment: Provided that no person shall hold office beyond the age of 65 years. ### 5. Pay and allowances. - The Controller shall receive pay and allowances as admissible to a Secretary to the Government of India including all the benefits that a Secretary is entitled to: Provided that the pay and allowances of such a Controller shall be reduced by gross amount of pension and pension equivalent of gratuity or employer's contribution to the Contributory Provident Fund or any other form of retirement benefits, if any, drawn or to be drawn by him. ### 6. Power to relax. - The Central Government shall have power to relax the provisions of any of these rules with respect to any class or category of persons.

65b90f9eab84c7eca86e83f9

acts

State of Telangana - Act -------------------------- Telangana Regulation of Reservations For Appointments to Public Services Act, 1997 ------------------------------------------------------------------------------------ TELENGANA India Telangana Regulation of Reservations For Appointments to Public Services Act, 1997 ==================================================================================== Act 24 of 1997 ---------------- * Published on 19 August 1997 * Commenced on 19 August 1997 Telangana Regulation of Reservations For Appointments to Public Services Act, 1997 (Act No.24 of 1997 ) Last Updated 7th January, 2020 The Andhra Pradesh Regulation of Reservations for Appointments to Public Services Act, 1997 received the assent of the Governor on the 19th August, 1997. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. ### 1. Short title and commencement. (1) This Act may be called the [Telangana Regulation of Reservations for Appointments to Public Services Act, 1997.] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016] (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) "Backward Classes" means any socially and educationally backward classes of citizens recognised by the Government for purposes of clause (4) of article 15 and clause (4) of article 16 of the Constitution of India; (b) "Government" means the State Government of [Telangana] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016] ; (c) "Notification" means a notification published in the [Telangana Gazette and the term 'notified" shall be construed accordingly] [Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016] ; (d) "Public Services" means, services in any office or establishment of,- (i) the Government; (ii) a local authority i.e., (a) a Gram Panchayat, (b) a [Mandal Praja Parishad] [Substituted by Act No.41 of 2006.] or a [Zilla Praja Parishad] [Substituted by Act No.41 of 2006.] established under the [Telangana Panchayat Raj Act, 1994] [Adapted in G.O.Ms.No.9, PR&RD (Mandal) Department, dated 12.09.2014 and now may see in the Telangana Panchayat Raj Act, 2018 (Act No.5 of 2018).] -, (c) a Municipality constituted under the [Telangana Municipalities Act, 1965] [Substituted by G.O.Ms.No.142, Municipal Administration & Urban Development (A2) Department, dated 29.10.2015.] , and (d) Municipal Corporation established under the relevant law, for the time being in force, relating to Municipal Corporations; (iii) a Corporation or undertaking wholly owned or controlled by the Government; (iv) a body established under any law made by the Legislature of the State whether incorporated or not including a University; and (v) any other body established by the State Government or by a society registered under any law relating to the registration of societies for the time being in force and receiving funds from the State Government either fully or partly, for its maintenance or any educational institution, whether registered or not, but receiving aid from the Government; (e) "Rule of Reservation" means any rule or provision for the reservation of appointments or posts in favour of the Scheduled Castes or the Scheduled Tribes or the Backward Classes or Women in the Special Rules applicable to any particular service or the General Rule 22 of the Telangana State and Subordinate Service Rules, as the case may be; (f) "Scheduled Castes and Scheduled Tribes" shall have the meaning respectively assigned to them in clause (24) and clause (25) of article 366 of the Constitution of India; (g) "Appointing Authority" in relation to the services or posts in any establishment or office as defined in section 2(d) (i to v) means, the authority empowered to make appointment to such services or posts. ### 3. Regulation of recruitment. - All appointments in public service to any post in any class, category or grade shall be made in accordance with and following the rule of reservation. ### 4. Salary bills not to be passed. - Where an appointment is not in accordance with section 3 the drawing authority shall not sign the salary bill of the appointee concerned and the Pay and Accounts Officer, Sub-Treasury Officer or any other officer who is charged with the responsibility of passing the salary bill shall not pass such bill unless a certificate issued by the appointing authority to the effect that the appointment has been made in accordance with section 3, is attached to the first salary bill of the appointee concerned. ### 5. Penalties. (1) Where any holder of an elective office or any officer or authority makes any appointment in contravention of the provisions of this Act,- (a) it shall be deemed in the case of the holder of an elective office that he has abused his position or power and accordingly the competent authority shall initiate proceedings for his removal; and (b) in the case of an officer or authority it shall be deemed that he is guilty of misconduct and competent authority shall initiate action under the relevant disciplinary rules. (2) In addition to taking action under sub-section (1), the pay and allowances paid to the person whose appointment is in contravention of the provisions of this Act shall be deemed to be an illegal payment and a loss to the Government or, as the case may be, to the concerned institution and the same shall be recoverable by surcharging the same under the [Telangana State Audit Act, 1989 (Act 9 of 1989). against the person, officer or authority who makes such appointments in contravention of the provisions of this Act or where such surcharge is not possible under the said Act, it shall be recoverable in accordance with such manner as may be prescribed including as arrears of the land revenue.] [Adapted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.] ### 6. Bar for regularisation of services. - No person who is appointed in violation of the rule of reservation and is continuing as such at the commencement of this Act shall have or shall be deemed ever to have a right to claim for regularisation of services on any ground whatsoever and the services of such person shall be liable to be terminated at any time without any notice and without assigning any reasons. Explanation. - For the removal of doubts it is hereby declared that the termination of services under this section shall not be deemed to be dismissal or removal from service within the meaning of article 311 of the constitution and as of any other relevant law providing for the dismissal or removal of employees but shall only be deemed to be termination simplicitor, not amounting to any punishment. ### 7. Power to give directions. - For the purpose of enforcing the provisions of this Act, it shall be competent for the Government, or any Head of the Department of the Government to issue such directions as they may deem fit to their subordinates and where any subordinate officer is guilty of non-compliance with such directions, it shall be deemed that he is guilty of misconduct for proceeding under the relevant disciplinary rules. ### 8. Abatement of claims. - Notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority the claims for regular appointment of all such irregular appointments in violation of rule of reservation shall stand abated accordingly,- (a) no suit or other proceeding shall be instituted, maintained or continued in any court, tribunal or other authority, against the Government or any person or authority whatsoever for reqularisation of such services; (b) no court shall enforce any decree or order, directing the regularisation of the services of such persons; and (c) all proceedings pending in any court or tribunal claiming the regularisation of such services shall abate. ### 9. Prohibition of appointment of others. (1) No post in public service reserved for Scheduled Castes or Scheduled Tribes or Backward Classes or Women shall be filled in violation of the rule of reservation: Provided that where no qualified and eligible person is available from among the Scheduled Castes or Scheduled Tribes or Backward Classes or Women as the case may be, for recruitment to a reserved post, such posts shall be kept vacant and the vacancy shall be renotified for recruitment till a qualified and eligible person is available: Provided further that if no qualified and eligible person is available from among the Scheduled Caste or Scheduled Tribe or Backward Class or Women, as the case may be, for recruitment to a reserved post the Government is competent to exempt any post from the operation of rule of reservation and to appoint any other person in such a manner as may be prescribed. ### 10. Offences and punishments. (1) Any person or authority who contravenes the provisions of this Act, shall, apart from the penalties otherwise provided for, be punishable with imprisonment for a term which shall not be less than six months and which may extend upto two years and also with fine which shall not be less than five thousand rupees but which may extend upto ten thousand rupees. (2) No court shall take cognizance of an offence punishable under this section except with the previous sanction of the Government. ### 11. Penalty for abettors. - Whoever abets any offence punishable under this Act shall be punished with the punishment provided for in this Act for such offence. ### 12. Offences by Companies. (1) Where an offence against any of the provisions of this Act or any rule made thereunder has been committed by a company, every person, who at the time when the offence was committed, was incharge of, and was responsible to the company for the conduct, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Notwithstanding-anything in-sub-section (1) where any such offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of or is attributed to any neglect on the part of, any Director, Manager, Secretary or other officers of the company, they shall be liable to be proceeded against and punished accordingly. Explanation. - For the purpose of this section,- (a) "Company" means a company as defined in the Companies Act, 1956 (Central Act [1 of 1956 ). and includes a University, a firm, a society or other association of individual] [See now the Companies Act, 2013 (Central Act 18 of 2013)] ; and (b) "Director" in relation to,- (i) a "firm" means a partner in the firm; (ii) a university, a society or other association of individuals means the person who is entrusted with the power to make appointments in the case of a university under the concerned law under which the university is established and in other cases under the rules of the society or other association, as the case may be. ### 13. Protection for the bonafide Acts. - Provided that nothing contained in this Act shall render any person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence in making appointments under section 2 (e) to any post in any class, category, or grade, of the services as defined in section 2(d) (i to v). ### 14. Bar of jurisdiction of Civil Courts. - No suit, prosecution or other legal proceedings shall lie against any person for anything which is done in good faith or intended to be done in pursuance of this Act or the rules made thereunder. ### 15. Act to override other laws. - The provisions of this Act shall have effect, notwithstanding anything contained in any other law for the time being in force or any judgment, decree or order of any court, tribunal or other authority. ### 16. Power to make rules. (1) The Government may by notification, make rules for carrying out all or any of the purposes of this Act. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislature of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislature agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modifications or annulment is notified have effect only in such modified form or shall stand annulled as the case may be, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

65b9c108ab84c7eca86e9dfc

acts

State of Rajasthan - Act -------------------------- The Rajasthan Prisoners Act, 1960 ----------------------------------- RAJASTHAN India The Rajasthan Prisoners Act, 1960 =================================== Act 39 of 1960 ---------------- * Published in Gazette 39 on 1 November 1960 * Assented to on 1 November 1960 * Commenced on 1 November 1960 Rajasthan Prisoners Act, 1960 (39 of 1960) Object:-This Act provides for the duties, functions and responsibilities of authorities holding charge of Prisons in one Consolidated enactment. Notification No. F.4(52) LJ/A/58, dated 5.11.1960 (Published in Rajasthan Gazette Extraordinary Part 4-A, dated 7.11.1960, page 175). Received the assent of the Governor on the 1st day of November, 1960 An Act to consolidate and amend the law relating to prisoners in the State of Rajasthan Be it enacted by the Rajasthan State Legislature in the Eleventh Year of the Republic of India as follows:- ### [1. Short title, extent and commencement. (1) This Act may be called the Rajasthan Prisoners Act, 1960. (2) It extends to the whole of the State of Rajasthan. (3) It shall come into force at once. ### 2. Definitions. (1) In this Act, unless the subject or context otherwise requires,- (a) "Court" includes any officer or person lawfully exercising civil, criminal, revenue or other jurisdiction, and (b) "Prison" includes any place which has been declared by the State Government, by general or special order, to be a subsidiary jail. (2) In this Act, all references to prisons and to imprisonment or confinement therein shall be construed as referring also to reformatory schools, if any, and to detention therein. ### 3. Officers-in-charge of prisons to detain persons committed to their custody. - The officer-in-charge of a prison shall receive and detain all persons duly committed to his custody under this Act or otherwise by any court according to the exigency of any writ, warrant or order by which such person has been committed or until such person is discharged or removed in due course of law. ### 4. Officers-in-charge of prisons to return writs, etc., after execution or discharge. - The officer-in-charge of a prison shall forthwith, after the execution of every such writ, order or warrant as aforesaid, other than a warrant of Commitment for trial or after the discharge of the person committed thereby, return such writ order or warrant to.the court by which the same was issued or made, together with a :certificate endorsed thereon and signed by him showing how the same has been executed or why the person committed thereby has been discharged from custody before the execution thereof. ### 5. Officers-in-charge of prisons to give effect to sentences. - Officers-in-charge of prisons may give effect to any sentence or order or warrant for the detention of any person passed or issued by any court or tribunal acting, whether within or without the State under the general or special authority of the State Government or under the provisions of the Constitution of India or any law for the time being in force. ### 6. Warrant to be sufficient authority. - A warrant under the official signature of an officer of such court or tribunal as is referred to in Section 5 shall be sufficient authority for holding any person in confinement in pursuance of the sentence passed upon him. ### 7. Procedure where officer-in-charge of prison doubts legality of warrant. (1) Where an officer-in-charge of a person doubts the legality of a warrant or order sent to him for execution or the competency of the person whose official seal or signature is affixed there to pass the sentence and issue the warrant or order, he shall refer the matter to the State Government, by whole order on the case he and all other public officers shall be guided as to the future disposal of the prisoner. (2) Pending a reference made under sub-section (1), the prisoner shall be detained in such manner, and with such restrictions or mitigations, as may be specified in the warrant or order. ### 8. Removal of prisoners. (1) The State Government may, by general or special order, provide for the removal of any prisoner confined in a prison,- (a) under sentence of death, or (b) under, or in lieu of, a sentence of imprisonment, or (c) in default of payment of a fine, or (d) in default of giving security for keeping the peace or for maintaining good behaviour, or (e) otherwise, to any good prison in the State. (2) Subject to the orders, and under the control of the State Government, any person who is detained in custody in a person pending inquiry or trial or otherwise under any writ, warrant or order may, by order, be directed to be removed,- (a) from one subsidiary jail to another subsidiary jail in the district, by the Collector of the district; (b) from one subsidiary jail to another subsidiary jail within a sub-division, by the Sub-Divisional Officer; (c) from a subsidiary jail in one district to a subsidiary jail in another district, by the Collector of the district from which the person is removed with the consent of the Collector of the other district; and (d) by the Inspector General of prisons,- (i) from one central jail to another central jail or to a district jail or a subsidiary jail, or (ii) from one district jail to another district jail or a central jail or a subsidiary jail, or (iii) from one subsidiary jail to another subsidiary jail or to a district jail or a central jail. ### 9. Lunatic prisoners how to be dealt with. (1) Where it appears to the State Government that any person detained or imprisoned under any order or sentence of any court is of unsound mind, the State Government may, by a warrant setting forth the grounds of belief that the person is of unsound mind, order his removal to a lunatic asylum or other place of safe custody within the State, thereto be kept and treated as the State Government directs, during the remainder of the term for which he has been ordered or sentenced to be detained or imprisoned or, if on the expiration of that term, it is certified by a medical officer that it is necessary for the safety of the prisoner or others that he should be further detained under medical care or treatment, then until he is discharged according to law. (2) Where it appears to the State Government that the prisoner has become of sound mind, the State Government shall, by a warrant directed to the person having charge of the prisoner, if still liable to be kept in custody, remand him to the prison from which he was removed, or to another prison within the State or, if the prisoner is no longer liable to be kept in custody, order him to be discharged. (3) The time during which a prisoner is confined in a lunatic asylum under sub-section (1) shall be reckoned as part of the term of detention or imprisonment which he may have been ordered or sentenced by the Court to undergo. (4) To every person who is kept in a lunatic asylum under sub-section (1) after the expiration of the term for which he was ordered or sentenced to be detained or imprisoned the provisions of the [Indian Lunacy Act, 1912] [Now see the Provision of Mental Health Act, 1987 (14 of 1987)] (Central Act IV of 1912) shall apply. (5) In any case in which the State Government is competent under sub-section (1) to order the removal of a prisoner to a lunatic asylum or other place of safe custody within the State, the State Government may order his removal of any such asylum or place within any other State by agreement with the Government of that State. ### 10. Release of prisoners for special reasons. (1) Notwithstanding anything to the contrary contained in any other law for the time being in force, the State Government or any authority to which the State Government may delegate its powers in this behalf, for any special reasons, direct that a prisoner may be released for a period not exceeding fifteen days (excluding the time required for journeys and the days of departure from or arrival at the prison) either without conditions or upon such conditions specified in the direction as the prisoner accepts and may at any time cancel his release. (2) The authority directing the release of any prisoner under sub-section (1) may require him to enter into a bond with or without sureties for the due observance of the conditions specified in the direction. (3) If any person released under sub-section (1) fails to fulfil any of the conditions imposed upon him under the said sub-section or under the bond entered into by him, the bond shall be declared to be forfeited and any person bound thereby shall be liable to pay the penalty thereof (4) No prisoner shall, without the special sanction of the State Government, be released under this section, unless:- (a) he has served at least six months of his sentence including remissions, (b) his conduct has been, in the opinion of the Superintendent of the jail in which or is serving his sentence, uniformly good, (c) he is not a habitual criminal under the rules made under any law relating to prisons for the time being in force in the whole or any part of the State, and (d) the offence for which he has been convicted does not, in the opinion of the authority directing release, involve grave moral turpitude or mental depravity. ### 11. Surrender of prisoners. (1) Aby prisoner released under Section 10 shall surrender himself to the officer-in-charge of the prison from which he was released upon the expiration of the period for which he was so released. (2) If a prisoner does not surrender himself as required by sub-section (1)- (a) he may be arrested by any police officer without a warrant and shall be remanded to undergo the unexpired portion of his sentence, and (b) he shall be further liable, upon conviction, to be punished with imprisonment of either description for a term which may extend to two years or with fine which may extend to five hundred rupees or with both. ### 12. Release of prisoners recommended for pardon. - The High Court may, in any case in which it has recommended to the State Government the granting of a free pardon to any prisoner, permit him to be at liberty on his own recognizance. ### 13. 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 provisions, such rules may provide for- (a) the procedure to be followed in respect of the proceedings for the release of prisoners, (b) the conditions of release of prisoners including conditions for supervision and restrictions on their movement during the period of their release, (c) travelling allowances for prisoners during the period of release, and (d) all matters which may be or are required to be prescribed under any provisions of this Act. ### 14. Repeal and Savings.- (l) The Prisoners Act, 1900 of the Central Legislature as adapted to the pre-reorganisation State of Rajasthan and the corresponding laws in force in the Abu, Ajmer and Sunel areas are hereby repealed. (2) All rules, orders and directions made under the said corresponding laws in force in the Abu, Ajmer and Sunel areas are hereby repealed. (3) The provisions of the Rajasthan General Clauses Act, 1955 (Raj. Act 8 of 1955 ) relating to repeal and saving shall apply to the enactments, rules, orders and directions hereby repealed or superseded as if such enactments, rules, orders and directions had been repealed by a Rajasthan law. (4) Until new rules, orders and directions are made under this Act, the rules, orders and directions made under the Prisoners Act, 1900 of the Central Legislature as adapted to the pre-reorganisation State of Rajasthan and in force at the commencement of this Act. shall unless they are inconsistent with or repugnant to the provisions thereof, continue to be in force and shall apply to the whole of the State of Rajasthan as formed by Section 10 of the State Re-organisation Act, 1956 (Central Act 37 of 1958)

65b9ba43ab84c7eca86e9c4b

acts

State of Rajasthan - Act -------------------------- Central Sales Tax (Rajasthan) Rules, 1957 ------------------------------------------- RAJASTHAN India Central Sales Tax (Rajasthan) Rules, 1957 =========================================== Rule CENTRAL-SALES-TAX-RAJASTHAN-RULES-1957 of 1957 ----------------------------------------------------- * Published on 4 March 1957 * Commenced on 4 March 1957 Central Sales Tax (Rajasthan) Rules, 1957 Published vide Notification No. F.5.(1) E&T/57, dated 4.3.1957 Rajasthan Gazette E.O. Part 4-C dated 4.3.1957 F.5.(1) E&T/57, dated 4.3.1957 Rajasthan Gazette E.O. Part IV-C dated 4.3.1957. - In exercise of the powers conferred by sub-section (3) and (4) of section 13 of the Central Sales Tax Act, 1956 (Central Act 74 of 1956) the State Government hereby makes the following rules namely:- ### 1. Short title and commencement. (1) These rules may be called the Central Sales Tax (Rajasthan) Rules 1957. (2) They shall come into force on their publication in the Rajasthan Gazette. ### 2. Definition. - In these rules, unless the context otherwise requires,- (a) "Central Act" means The Central Sales Tax Act. 1956 (Central Act 74 of 1956); (b) "Form" means a form annexed to these rules; (c) "Section" means a section of the Central Act; (d) "State Sales Tax Law" means the general sales tax law in force in the area concerned; (e) "Treasury" means a Government treasury in the State of Rajasthan, and includes a sub-treasury; (f) references to any authority shall, in relation to the Ajmer area, the Abu area and the Sunel area, be construed as reference to the corresponding authority for that area, if called by a different name; and (g) words and expressions defined in the Central Act and not defined in these rules have the meanings respectively assigned to them in the Central Act. ### 2A. [ Security or additional security for purposes of section 7(2A) and (3A). [Inserted by Notification No. F. 2 (13) FD/Gr.IV/73 dated 30.3.1973.] (1) The security or additional security by required the assessing authority, for all or any of the purposes of sub-section (2A) or (3A) of section 7, shall be furnished in one of the following manners, as may be specified by that authority:- (a) in cash; or (b) by depositing savings certificates issued by Government of India of a face value not less than the value of security required duly endorsed in favour of the assessing authority; or (c) by furnishing to such officer a guarantee from a bank approved in this behalf by the said officer agreeing to pay to the State Government on demand the amount of security fixed by such officer; or (d) a surety bond with one or more sureties. (2) The other security as required by sub-section (3C) of section 7 shall be furnished by the dealer in the manner given in clause (a), (b) or (c) of sub-rule (1). (3) Where by reason of an order under sub-section (3D) of section 7, the security furnished by any dealer is rendered insufficient, he shall make up the deficiency within 30 days of the date of passing of the order in the same manner in which the security so rendered insufficient was furnished.] ### 2B. [ Registration. [Substituted by Notification No. F. 12(59) FD/Tax/2014-28, dated 14.7.2014 S.O. 50-Rajasthan Gazette Extraordinary Part IV(C)(II), dated 14.7.2014, pages 39(209) to 39(211).] An application for registration shall be submitted by a dealer in From A electronically through the official website of the department in the manner provided therein. The dealer shall submit the duly signed and verified From A generated through the computer network from the website to the notified authority after payment of fee in accordance with the provisions of the Central Sales tax (Registration and Turnover) Rule, 1957. The notified authority on being satisfied shall issue a certificate of registration in From-B in the manner as provided under the Rajasthan Value Added Tax Rules, 2006.] ### 3. Registration Certificate to be hung. - The holder of a registration certificate under the Central Act shall keep it hanging at a prominent place in the premises where the business, in respect of which the certificate is issued, is carried on. ### 3A. [ Certificate of exemption. [Inserted by Notification No. F.5(61) FD/RT /63 dated 20.06.1963, Published on 22.6.1963.] (1) An application for grant of an exemption certificate shall be in Form C.S.T. 7 and the exemption certificate shall be issued in Form C.S.T 8. (2) The procedure for obtaining exemption certificate shall be the same as has been prescribed under the State Sales Tax Law.] ### 4. Return of turnover. - [Every dealer liable to pay tax under the Central Act shall submit a return of turnover in Form VAT-10, of Rajasthan value Added tax Rules, 2006, in the manner and within such time as prescribed in the Rajasthan Value Added tax Rules, 2006.] [Substituted by Notification No. F.12(25) FD/Tax/11-147 dated 09.03.2011 (w.e.f. 4.3.1957).] ### 4A. [ [Deleted by by clause 4 of notification No. F.12(25) FD/Tax/11-147 dated 09.03.2011 (w.e.f. 4.3.1957).] \*\*\*] | | | --- | | 4A. [ Electronic filing of return. [Inserted by notification No. F. 12(114) FD/Tax/07-57 dated 27-11-2007 (w.e.f. 4.3.1957).] - (1) Notwithstanding anything contained in rule 4, every dealer liable to pay tax under the Central Act may file a return of turnover electronically in Form CST-1 which shall be verified in the manner indicated therein by affixing digital signature. (2) The returns shall be filed at the same intervals and in the manner as prescribed under the Rajasthan Value Added Tax Rules, 2006, along with the returns which the dealer is liable to file under the Rajasthan Value Added Tax Act, 2003; Provided that where the business of a dealer is discontinued or transferred shall furnish return for the period up to the date of discontinuance or transfer within thirty days of such discontinuance or transfer. (3) [ \*\*\*] (4) The payment of tax shall be made at the same intervals and in the same proportion and manner as the dealer is liable to make under the Rajasthan Value Added Tax Act, 2003.] (5) [ Notwithstanding anything contained in sub-rule (1), a dealer may file return(s) electronically without digital signature subject to the condition that such dealer shall file a singed copy of the return(s) so filed generated through the Official Web-Site of the Department along with proof of deposit of tax and submit the same to his assessing authority, within the prescribed period for filing of such return(s). In case the dealer fails to do so, it shall be deemed to be a case of non filing of return(s).] [Added by notification No. F.12(84) FD/Tax/2009-26 dated 08-07-2009 (w.e.f. 4.3.1957)] | ### 5. [ [Rule 5 omitted by Notification No. F. 5(118) FDCT/67 dated 25.7.1969 published on 26.7.1969.] \*\*\*] ### 6. [ Mode of payment of tax, demand or other sum. [Substituted by Notification No. F. 12(59) FD/Tax/2014-28, dated 14.7.2014 S.O. 50-Rajasthan Gazette Extraordinary Part IV(C)(II), dated 14.7.2014, pages 39(209) to 39(211).] (1) Unless otherwise notified by the State Government payment of tax, demand or other sum shall be made by a dealer through Electronic Government Receipt Accounting system, hereinafter referred to as 'e-GRAS' in the manner as provided therein. (2) The class of dealers as may be notified by the State Government shall make payment of tax, demand or other sum electronically through the e-GRAS in the manner as provided therein. (3) The date of payment of tax, demand or other sum shall be demand to be the date of deposit as shown in the e-GRAS.] [6A and 6B. [Deleted by Notification No. F. 12(59) FD/Tax/2014-28, dated 14.7.2014 S.O. 50-Rajasthan Gazette Extraordinary Part IV(C)(II), dated 14.7.2014, pages 39(209) to 39(211).] \*\*\*] | | | --- | | 6A. [ [Inserted by Notification No. F. 5 (1) E & T/57 dated 9.8.1957 published on 12.9.1957.] If any dealer having furnished a return discovers any omission or wrong statement therein, he may furnish a revised return[6B. Payments of all dues including advance payment and payment in pursuance of the notices of demand for payment shall be made by means of a challan in Form CST 5.] | [6C [Deleted by Notification No. S.O. 239, dated 6.3.2013 (w.e.f. 4.3.1957).] \*\*\*] | | | --- | | 6C. [ [Inserted by notification No. F. 12(114) FD/Tax/07-57dated 27-11-2007 (w.e.f. 4.3.1957).] Where the payment of tax or demand or other sum has been made electronically electronically the authorised bank shall generate e-challan in Form CST-5A through a computer network. The authorised bank shall also forward a statement of such e-challan in forms CST-5B to the concerned treasury of the State and a copy of such statement shall be forwarded to the Accountant General Rajasthan. The date of payment for the purposes of these rules shall be the date of deposit generated on the e-challan in Form CST-5A.] | ### 7. Accounts how to be maintained. (1) Every dealer liable to pay tax under the Central Act shall maintain a true and correct account of his purchases, sales and stocks showing the quantity and value [thereof in Form CST 6.] [Inserted by Notification No. F. 5 (126) E & T/58 dated 6.7.1960, read with corrigendum dated 29.12.1960.] (2) Every manufacturer liable to pay tax under the Central Act shall maintain a stock book in respect of raw materials and of finished goods. ### 8. [ Separate accounts for goods taxable at different rates. [Substituted by Notification No. F. 5 (118) FDCT/67 dated 25.7.1969 (w.e.f. 4.3.1957).] Every dealer liable to pay tax under the Act shall keep a separate account in respect of goods that are taxable at different rates or exempted under sub-sections (2A) and (5) of section 8.] ### 9. Tax collected from buyer. - (l) A dealer liable to pay tax under the Central Act and collecting the tax from the buyer in addition to the sale price, shall (a) issue a cash or credit memo (as the case may be), showing the sale price and sales tax thereon separately, and keep a carbon copy thereof, and (b) also maintain a separate account in respect of the tax so collected from day to day, mentioning the number and date of the cash or credit memo as the case may be. (2) The cash or credit memo and its carbon copy so issued or kept shall be issued from a bound book with pages serially numbered. ### 10. Preservation of accounts. - All accounts kept under these rules or the Central Act by a dealer, including carbon copies of cash or credit memos and vouchers relating to production, stocks, purchases, sales and deliveries shall be preserved with reasonable care by the dealer for a period of [five years] [Substituted 'three years' by Notification No. F.5(120) E&T/58-1 dated 17.11.1958 (w.e.f. 4.3.1957).] after the close of the accounting year of the dealer to which they relate. ### 11. Power of entry, inspection and seizure of books of accounts and documents. (1) All accounts, registers and other documents pertaining to the business of a dealer, the goods in his possession and his office, shop, godown, factory, vessel or vehicle or any place, in which the business is done, shall be open to inspection of the assessing authority or any [Inspector of the Commercial Taxes Department] [Substituted 'Inspector of the Sales Tax Department' by Act 30 of 1964 (w.e.f. 1.7.1964).] authorised by that authority. (2) Any assessing authority or any such inspector shall have power to enter for the purpose referred to in sub-section (1), any factory, godown, office, shop, or any other place where the books of accounts and other documents, may be kept and may also seize the account books and other documents, furnishing to the dealer a copy of the inventory of books of accounts and documents, so seized: Provided that no books of accounts or documents will be seized without a written permission from the Commissioner of Sales Tax or any officer authorised by the State Government in this behalf. ### 12. Power to require production of registration certificate. (1) Any assessing authority or[Inspector of the Commercial Taxes Department] [Substituted 'Inspector of the Sales Tax Department' by Act 30 of 1964 (w.e.f. 1.7.1964).] may, at all reasonable times, require the holder of a registration certificate issued under the Central Act to show it to him and such holder shall be bound to produce such certificate for his inspection. (2) For the purpose of exercise of the powers conferred by sub-rule (1), the assessing authority, or if so authorised by the assessing authority, in a particular case for reasons to be recorded, the Inspector shall have power to enter any factory, godown, office, shop or other places where the certificate in question ought to be kept under these rules or where such certificate is usually kept. Note. - These powers are without prejudice to those flowing from section 9(2) . ### 13. Information to be furnished regarding change of business. - If any dealer liable to pay tax under the Central Act,- (a) sells or otherwise disposes of his business or any part of his business or any place of his business or effects or comes to know of any other change in the ownership of the business; or (b) discontinues his business, changes his place of business or opens a new place of business; or (c) changes the name or nature of his business or effects any change in the classes of goods in which he carries on business; he shall, [within thirty days] [Substituted 'within fifteen days' by Notification No. F.12(15) FD/Tax/12-104, dated 26.3.2012, S.O. 193-Rajasthan Gazette Extraordinary Part IV(C), dated 26.3.2012.] , inform the assessing authority within whose jurisdiction the place of business may be situated accordingly; and if any such dealer dies, his legal representative shall, in the like manner, inform that authority. ### 14. List of registered dealers. (1) A list of dealers registered under the Central Act shall be maintained by each registering authority appointed by the Central Government under sub-section (1) of section 7, which shall be separate from the list of registered dealers maintained under the State Sales Tax Law. (2) The list shall be prepared in an alphabetical order, and all amendments made from time to time shall be incorporated therein without delay. (3) The particulars to be contained in such a list shall be the same as those entered in the General Index Register maintained for the purposes of the State Sales Tax Law. ### 15. Publication of list. - The registering authority shall, every six months, publish the list of registered dealers in his jurisdiction in the Rajasthan Gazette or, where such publication is not practicable, in such other manner as the [Commissioner, Commercial Taxes, Rajasthan] [Substituted by Act 30 of 1964, S. 4 for 'Commissioner of Sales Tax' Published on 1.7.1964.] , may in each case direct. ### 16. Sending copy of declaration under section 8(4) . - A copy of the declaration mentioned in sub-section (4) of section 8, as furnished to the selling dealer by the registered dealer purchasing in the Form prescribed by rules made by the Central Government under the Act vide rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957, shall be sent by post or other wise delivered to the assessing authority [within such time as prescribed under the Central Sales Tax (Registration and Turnover) Rules, 1957, along with a statement in From CST 11] [Substituted 'before or at the time of assessment unless earlier required by the assessing authority' by Notification No. F.12(15) FD/Tax/12-104, dated 26.3.2012, S.O. 193-Rajasthan Gazette Extraordinary Part IV(C), dated 26.3.2012.] ### 16A. [ [Inserted by Notification No. F.12(15) FD/Tax/12-104, dated 26.3.2012, S.O. 193-Rajasthan Gazette Extraordinary Part IV(C), dated 26.3.2012.] Every dealer who effects any sale in the course of inter-State trade or commerce shall furnish a statement in Form CST 11 along with return in the Form CST 1] ### 16B. [ Furnishing of declaration under section 6A. [Substituted by Notification No. F.12(15) FD/Tax/12-104, dated 26.3.2012, S.O. 193-Rajasthan Gazette Extraordinary Part IV(C), dated 26.3.2012.] Every dealer who claims that he is not liable to pay tax under the Central Act, in respect of any goods, on the ground that the movement of such goods from one State to another was occasioned by reason of transfer of such goods by him to any other place of his business or to his agent or principal, as the case may be, shall, deliver portion marked "original" of Form F prescribed under sub-rule (5) of rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957, to the assessing authority within the time allowed by sub-rule (7) of rule 12 of the said Rules along with a statement in From CST 12. The dealer shall retain the portion marked 'duplicate' of form 'F' which shall be produced for Inspection when so required by the assessing authority.] ### 17. [ Declaration Forms/Certificates. [Substituted by Notification No. S.O. 239, dated 6.3.2013 (w.e.f 4.3.1957).] (1) A registered dealer, who purchases goods from another registered dealer on payment of tax at the rate applicable under sub-section (1) of section 8 of the Central Sales Tax Act, 1956 for the purpose specified in his certificate of registration, shall retain the counterfoil of the Form 'C' and furnish the other two portions marked 'original' and 'duplicate', to the selling registered dealer. For the purpose of claiming concessional rate of tax, the selling dealer, shall furnish to his assessing authority, the portion marked 'original' of the form 'C' received by him and the portion marked 'duplicate' shall be retained by him. (2) In the case of a first sale in course of inter-State trade or commerce, a certificate in Form 'E-F prescribed under Rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957, shall be issued by the selling dealer. He shall retain the counterfoil of the form with himself and furnish the other two portions marked 'original' and 'duplicate', to the purchasing registered dealer. For the purpose of claiming exemption from tax on subsequent sale under sub-section (2) of section 6 of the Central Sales Tax Act, 1956, the selling dealer shall furnish to his assessing authority, - (a) the portion marked 'original' of the form 'E-I' received by him, from the dealer from whom he purchased the goods; and (b) the original of Declaration Form 'C' received from the registered dealer to whom he sold the goods, if applicable. (3) In the case of any subsequent sale effected by transfer of documents of title to the goods in a series of sales referred to in sub-section (2) of section 6 of the Central Sales Tax Act, 1956, the certificate in form 'E-II' prescribed under Rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957; shall be used. The transferor shall retain the counterfoil with himself and furnish the portions marked 'original' and 'duplicate' to the registered dealer to whom he affects such subsequent sale. For the purpose of claiming exemption from tax on subsequent sale under sub-section (2) of section 6 of the Central Sales Tax Act, 1956, the selling dealer shall furnish to his assessing authority, - (a) the portion marked 'original' of the form 'E-II' received by him, from the dealer from whom he purchased the goods; and (b) the original of Declaration Form 'C' received from the registered dealer to whom he sold the goods, if applicable. (4) Any registered dealer, who receives goods by transfer from outside the State from any other place of his business or from his agent or principal, as the case may be, shall retain the counterfoil of the form 'F' and furnish the other two portions marked 'original' and 'duplicate', to the transferor. The transferor shall retain with him the portion marked 'duplicate' and shall furnish to his assessing authority, the portion marked 'original' of the form 'F' along with the evidence of dispatch of goods for the purpose of claiming exemption from tax. (5) A registered dealer, who purchases goods from another registered dealer for sale in the course of export of those goods out of the territory of India within the meaning of sub-section (3) of section 5 of the Central Sales Tax Act, 1956 (Act No. 74 of 1956), shall retain the counterfoil of the Form 'H' and furnish the other two portions marked 'original' and 'duplicate', to the selling registered dealer. The selling registered dealer shall retain with him the portion marked 'duplicate' and shall furnish to his assessing authority, the portion marked 'original' of the form 'H' received by him along with the evidence of export of goods. (6) A registered dealer, for the purpose of setting up, operation, maintenance manufacture, trading, production, processing, assembling, repairing, reconditioning, re-engineering, packaging or for use as packing material or packing accessories in a unit located in any special economic zone or for development, operation and maintenance of special economic zone Dy the developer of the special economic zone who has been authorized to establish such unit or to develop, operate and maintain such special economic zone by the authority specified by the Central Government in this behalf, for purchase of goods of such class or classes of goods as specified in his certificate of registration from another registered dealer, shall retain the counterfoil of the Form T and furnish the other two portions marked 'original' and 'duplicate', to the selling registered dealer. For the purpose of claiming exemption from tax, the selling dealer, shall furnish to his assessing authority, the portion marked 'original' of the form T received by him and the portion marked 'duplicate' shall be retained by him. (7) Any official, personnel, consular or diplomatic agent of - (i) any foreign diplomatic mission or consulate in India; or (ii) the United Nations or any other international body, entitled to privileges under any convention or agreement to which India is a party or under any law for the time being in force, purchases goods for himself or for the purposes of such mission, consulate, United Nations or other body shall retain the counterfoil of the Form 'J' and furnish the other two portions marked 'original' and 'duplicate', to the selling registered dealer. For the purpose of claiming exemption from tax, the selling dealer, shall furnish to his assessing authority, the portion marked 'original' of the form 'J' received by him and the portion marked 'duplicate' shall be retained by him. (8) Declaration in Form-C or Form-F or Form-I or the Certificates in Form E-I or Form E-II or Form-H, as prescribed under Rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957, may be obtained by the dealer electronically after submitting an initial application to his assessing authority through the Official Website of the Department in the manner as provided therein. (9) On receipt of such application, the assessing authority, subject to the provisions of sub-rule (10) and subject to compliance of notice issued under sub-section (2) of section 91 of the Rajasthan Value Added Tax Act, 2003, if any, shall grant permission to the dealer to generate declaration in Form-C or Form-F or Form-I or the Certificates in Form E-I or Form E-II or Form-H, as the case may be, electronically through the Official Website of the Department, and intimation of such permission shall be communicated to the dealer through the Official Website of the Department. (10) The assessing authority shall reject the application submitted under sub-rule (8), where, - (a) the applicant dealer has failed to comply with an order demanding initial or additional security under sub-section (2A) of section 7 and/or under sub-section (3A) of section 7 of the Central Sales Tax Act, 1956 and/or under section 15 of the Rajasthan Value Added Tax Act, 2003; or (b) the applicant dealer does not require the declaration Forms or Certificates applied for; or (c) the applicant dealer has not made proper use of Forms or certificates previously obtained by him; or (d) the applicant dealer has failed to make payment of any outstanding demand(s) under the Central Sales Tax Act, 1956 and/or the Rajasthan Value Added Tax Act, 2003 and/or the Rajasthan Sales Tax Act, 1994 and/ or the Rajasthan Sales Tax Act, 1954; or (e) the applicant dealer has failed to pay tax or any other sum due under the provisions of the Central Sales Tax Act, 1956 and/or the Rajasthan Value Added Tax Act, 2003 within the time prescribed under the said Act; or (f) the applicant dealer has failed to furnish any return or returns in accordance with the provisions of the Central Sales Tax Act, 1956 and the Rajasthan Value Added Tax Act, 2003 for the immediately preceding two years; or (g) the verification of facts and statements made in the application of registration, in accordance with the provisions of the Rajasthan Value Added Tax Act, 2003 has not been made, However, the Commissioner or any officer authorized by the Commissioner in this behalf, in any particular case, if satisfied that the interest of the State revenue so requires, may direct the assessing authority to grant permission under sub-rule (9) subject to such conditions as may be considered necessary. (11) After grant of permission for generation of declaration in Form-C or Form-F or Form-I or the Certificates in Form E-I or Form E-II or Form-H, as the case may be, the dealer shall submit a subsequent application for generation of declaration in Form-C or Form-F or Form-I or the Certificates in Form E-I or Form E-II or Form-H, as the case may be, through the Official Website of the Department in the manner as provided therein. (12) After submission of application as provided in sub-rule (11), duly filled in declaration in Form-C or Form-F or Form-I or the Certificates in Form E-I or Form E-II or Form-H, as the case may be, shall be generated through the official website of the Department, subject to the provisions of sub-rule (13). (13) The system shall not generate Declaration in Form-C or Form- F or Form-I or the Certificates in Form E l or Form E-II or Form-H, as the case may be, where the dealer fails ton - (i) make payment of any outstanding demand(s) under the Central Sales Tax Act, 1956 and/or the Rajasthan Value Added Tax Act, 2003 and/or the Rajasthan Sales Tax Act, 1994 and/or the Rajasthan Sales Tax Act, 1954; or (ii) pay tax or any other sum due under the provisions of the Central Sales Tax Act, 1956 and/or the Rajasthan Value Added Tax Act, 2003 within the time prescribed under the said Act; or (iii) furnish any return or returns in accordance with the provisions of the Central Sales Tax Act, 1956 and the Rajasthan Value Added Tax Act, 2003 for the immediately preceding two years; and he shall be allowed to generate the declaration in Form-C of Form-F or Form-I or the Certificates in Form E-I or Form E-II or Form-H, as the case may be, only after fulfillment of above requirements. However, the Commissioner or any officer authorized by the Commissioner in this behalf, in any particular case, if satisfied that the interest of the State revenue so requires, may dispense with the above requirements, and permit the assessing authority to allow the dealer to generate such forms in such numbers, subject to such conditions and restrictions as may be considered necessary. (14) Where any dealer, after generation of declaration in Form-C or Form-F or Form-I or the Certificates in Form E-I or Form E-II or Form-H, as the case may be, discovers that he has filled in incorrect particulars or any other information at the time of generating the declaration/certificate mentioned above, and intends to rectify the same, he shall submit an application to his assessing authority within sixty days of the generation of such declaration/certificate, mentioning therein the incorrect particulars or any other information furnished by him, which he wants' to rectify and the correct particulars or any other information in respect thereof. Such application shall be accompanied with a printed copy of such declaration/certificate, along with an undertaking in the form of an affidavit mentioning therein the particulars of transactions for which the declaration/certificate was generated and the statement that he has not issued the printed copy of such declaration/certificates to any person including selling dealer and in case of any loss to the State exchequer he shall indemnify the same to the State Government along with the interest and penalty, if any. The assessing authority on receipt of such application along with affidavit of undertaking and on being satisfied shall cancel the print out of declaration/certificate submitted by the dealer along with the application and shall keep the application along with cancelled print out of declaration/certificate and undertaking of indemnity on the record of the dealer. The assessing authority shall cancel such declaration/certificate in the system, through the computer network. (15) No registered dealer who has generated the declaration Form(s) or Certificate (s) through the Official Website of the Department shall either directly or otherwise, transfer the same to any other person except for the lawful purpose. (16) Every registered dealer shall keep the declaration Form(s) or Certificate (s) generated by him through the Official Website of the Department, in safe custody and shall be personally responsible for the loss of Government revenue, if any, directly or indirectly from any theft, loss or destruction thereof. If any such form is stolen, lost or destroyed, the dealer shall immediately report the fact to his assessing authority or the officer authorized by the Commissioner in this behalf, and shall issue public notice of such theft, loss or destruction, and take such further action(s) as provided under the Central Sales Tax (Registration & Turnover) Rules, 1957. (17) Before furnishing declaration Form or Certificate to the selling dealer, the purchasing dealer or his business manager or any person specifically authorized by him in this behalf shall affix his signature in the space provided in the Form for this purpose. (18) No purchasing dealer shall furnish and no selling dealer shall accept a declaration Form/certificate, which is - (i) forged or fake, or not generated through the Official Website of the Department; or (ii) reported stolen, lost or destroyed under sub-rule (16); or (iii) cancelled under sub-rule (14). (19) Notwithstanding anything contained above, Declaration in Form-C or Form-F or Form-I or the Certificates in Form E-I or Form E-II or Form-H for the period prior to 01:04.2011 may be obtained in such manner which was in force in that period.] ### 17A. [ [Deleted by Notification No. F. 5 (119) FD/CT/67, dated 30.11.1968.] \*\*\*]. [17B to 17F. [Deleted by Notification No. S.O. 239, dated 6.3.2013 (w.e.f 4.3.1957).] \*\*\*] | | | --- | | 17B. [ Certificate in Form D to be issued by purchasing Government Departments not registered as dealers. [Inserted by Notification No. F. 5 (120) E & T/58/1, dated 17.11.1958.] - (i) In order to take advantage of sub-section (1) of section 8, a department of the Central or State Government, which is not registered as a dealer, shall furnish for each transaction of purchase a certificate in Form D, prescribed under sub-rule (1) of rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957, to the selling dealer: [\*\*\*] (ii) The certificate shall be issued by officers authorised under clause (b) of sub-section (4) of section 8. (iii) Before furnishing the certificate to the selling dealer, the authorised officer shall fill in all required particulars in the form and shall affix his usual signature in the space provided in the form for this purpose. (iv) No other officer shall sign the certificate for or on behalf of the authorised officer, nor shall the authorised officer delegate the authority to sign and issue the certificate to any other officer. (v) The counterfoil of the certificate shall be retained by the authorised officer issuing the certificate(for a period of five years or such further period as may be specified by the[Commissioner, Commercial Taxes] [Inserted by Notification No. F. 5 (120) E & T/58, dated 17.11.1958.] ] and the other two portions marked 'original' and 'duplicate', shall be made over by him to the selling dealer. (vi) The selling dealer shall furnish the portion of the certificate marked 'original' received by him, to the assessing authority in the same manner as declaration forms received under rule 17. The assessing authority may at its discretion also direct the selling dealer to produce for inspection the portion of the certificate marked 'duplicate'. (vii) The procedure for the custody of certificates, report and notification of any forms lost, stolen or destroyed and allied matters shall mutatis mutandis be the same as[those] [Substituted 'prescribed in rules 17 and 17A' by Notification No. F. 5 (119) FD/CT/67, dated 30.11.1968 (w.e.f. 1.12.1968).] in respect of Declarations Forms: Provided that no security shall be required in respect of a certificate lost, destroyed or stolen.] 17C. [ Certificate to be furnished under section 6 (2) . [Inserted by Notification No. F. 5 (120) E & T/58-I dated 17.11.1958.] - (i) In the case of a first sale[in the course of inter-State trade or commerce], a certificate in Form 'E-I' prescribed under sub-rule (2) of rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957, will be issued by the selling dealer or, as the case may be, the transferor to the registered dealer to whom he effects the sale. Before furnishing the certificate to such a purchasing dealer, he or any person authorised by him in this behalf, will fill in all the required particulars in the form and shall also affix his signature in the space provided in the form for this purpose. He will then retain the counterfoil of the form with himself and furnish the other two portions marked 'original' and 'duplicate', to the purchasing registered dealer. For the purpose of claiming exemption from tax of his subsequent sale under sub-section (2) of section 6, the purchasing dealer who effects a subsequent sale to another registered dealer by transfer of documents of title to the goods, shall furnish to the assessing authority, (i) the portion marked 'original' of the form 'E-I' received by him, from the dealer from whom he purchased the goods, and (ii) the original of Declaration Form 'C received from the registered dealer to whom he sold the goods. (ii) In the case of a first subsequent sale effected by transfer of documents of title to the goods in a series of sales referred to in section 6 (2) (a) or the second or subsequent sale effected by transfer of documents of title to the goods in a series of sales referred to in section 6 (2) (b), the certificate in form 'E-II' prescribed under sub-rule (2) of rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957, shall be used. The transferor shall fill in the required particulars of this form and affix his signature in the space provided in it and shall retain the counterfoil with himself and furnish the portions marked 'original' and 'duplicate' to the registered dealer to whom he effects such a subsequent sale. To claim exemption under section 6(2) of the Act, the purchasing registered dealer, at this link in the chain of sales, who makes a further subsequent sale by transfer of documents of title to the goods, will furnish to the assessing authority the portion marked 'Original' of the Form 'E-II' along with the original of declaration Form 'C' received from the registered dealer to whom he sold the goods. (iiA) [] [Renumbered '(ii) ' by Notification No. F. 5 (120) E & T/58, dated 17.11.1958.] For all other subsequent sales to registered dealers effected by transfer of documents of title to the goods, certificates in Form 'E-II' will be used by the respective transferors in the chain." (iii) In all cases in which a certificate in form 'E-I' or 'E-II' is exchanged, the certificate shall be accompanied by a Declaration Form 'C' received from the purchasing dealer to whom the goods have been sold in that transaction of sale. (iv) In cases in which certificates in form 'E-I' or 'E-II' are required to be submitted to the assessing authority to claim exemption under section 6 (2) the certificates may be submitted by the registered dealer concerned at any time before his final assessment. (v) [ For the purposes of sub-rules (i) and (ii) a registered dealer shall obtain\* from the assessing authority Form 'E-I' or 'E-II', as the case may be, to the extent required by him and shall maintain a register in Form CST 4, a true and complete account of every such certificate received from the said authority.] [Substituted by Notification No. F. 5 (120) E & T/58, dated 17.11.1958.] ] (vi) [ The counterfoil of such certificate shall be maintained by the registered selling dealer for a period of five years or such further period as may be specified by the[Commissioner, Commercial Taxes] [Inserted by Notification No. F. 5 (120) E & T/58, dated 17.11.1958.] . (vii) The assessing authority may, in his discretion, require the registered selling dealer to produce for inspection the portion marked"duplicate"in the certificate in Form 'E-I' or 'E-II'. (viii) No registered dealer shall give nor shall a registered dealer accept, any certificate in Form 'E-I' or Form 'E-II', except in a form obtained on application from the assessing authority and not declared obsolete and invalid by the[Commissioner, Commercial Taxes] [Substituted 'Commissioner of Sales Tax' by Act 30 of 1964, (w.e.f 1.7.1964).] . (ix) [ \*\*\*] [Deleted '(ix) ' by notification No.F.5(120) E&T/58, dated 17.11.1958.] (x) [] [Renumbered '(vi) ' by notification No.F.5(120)E&T/58 dated 17.11.1958.] Provisions relating to the custody, maintenance, submission to the prescribed authority, safeguard against loss etc.[in respect of declaration forms] [Substituted by Notification No. F. 5 (199) FD/CT/67, dated 30.11.1968.] shallmutatis mutandisapply to these certificates also.] 17D. [ [Inserted by Notification No. F. 5 (61) FD/RT/63 dated 11.7.1963 Published on 22.8.1963.] Every registered dealer who has obtained declaration Forms under rule 17 or certificate forms E-I/E-II under rule 17C shall furnish an extract in Form CST 10, for each of the quarter ending with the last day of the month of June, September, December and March of every assessment year, if the year of accounts of the dealer ends on 31st day of March of any year, and in other cases for each of the quarters of the year of accounts of the dealer and shall furnish it not later than 30 days after the end of the quarters to which it relates.] 17E. [ Authority from which Declaration Form F may be obtained, use, custody and maintenance of records of such forms and matters incidental thereto. [Inserted by Notification No. F. 2 (13) FD/Gr.IV/73, dated 30.3.1973.] - (1) Any dealer wishing to obtain goods by transfer from outside the State from any other place of his business or from his agent or principal, as the case may be, may obtain blank declaration form 'F' from the assessing authority, on payment of[Rs.21/- (Rupees Twenty one) for a book of twenty-five forms.] (2) Every such dealers desirous of obtaining one or more books of declaration forms shall submit an application in Form C.S.T. 9A stating the number of books required and accompanied by a copy of treasury receipt in form C. S.T. 5 in respect of the fee payable thereof. (3) On receipt of the application, the assessing authority shall with due regard to the requirements of the dealer, supply the books to such dealer on furnishing an acknowledgment thereof. (4) Every declaration form so obtained shall be kept in safe custody and the dealer shall be personally responsible for the loss of Government revenue, if any, resulting directly or indirectly from the theft or loss thereof. (5) The dealer shall maintain a true and complete account of such forms in a register in form CST 13. If any form is lost, destroyed or stolen, the dealer shall report the fact immediately to the assessing authority from whom such forms were obtained, make appropriate entry in the remarks column of the register and take such other steps to issue public notice of the loss, destruction, or theft as the assessing authority may direct. (6) Any unused declaration forms remaining in stock with a dealer on cancellation of his registration certificate shall be surrendered to the issuing authority. (7) No dealer to whom a declaration form is issued by the assessing authority shall either directly or through any other person transfer the same to another person except for the lawful purpose of section 6A of the Central Act. (8) A declaration form in respect of which a report has been received by the assessing authority under sub-rule (5) shall not be valid for the purpose of section 6A of the Central Act. (9) Before furnishing the declaration form to the person incharge of his other place of business or agent or principal, as the case may be, from whom goods are obtained (hereinafter referred to as the transferor), the dealer or any other responsible person authorised by him in this behalf, shall fill in all the required particulars in form F and shall affix his usual signatures in the space provided therein for this purpose. Thereafter, the counterfoil of the form shall be retained by the dealer and the other two portions marked 'Original' and 'Duplicate' shall be made over by him to the transferor.] (10) [ The provisions of sub rules (1A), (1B), (1C), (2), (3), (9), (10) and (11) of rule 17 shall, in so far as may be,mutatis mutandisapply to form 'F'.] [Inserted by Notification No. F. 4 (20) FD/Gr. IV/77 dated 4.1.1978.] 17F. [ Online generation of Forms-C. [Substituted by Notification No. F.12(125) FDT/Tax/2009-79, G.S.R. 151, dated 1.12.2011-Rajasthan Gazette Extraordinary Part 4(Ga)(I), dated 16.12.2011.] -[(1) Notwithstanding anything contained in rule 17 or 17C or 17E, duly filled in declaration Form(s) prescribed under the rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957, may be obtained by a dealer by submitting a request, in this regard, electronically through the official website of the Department.]] [xxx] [Deleted by Notification No. F.12(25) FD/Tax/11-147 dated 09.03.2011 w.e.f. 01.04.2011.] . (2) [ The said request shall be scrutinized by the assessing authority of the dealer, who shall either approve or reject it. However, the assessing authority may revoke the approval granted by him earlier, after giving an opportunity of being heard to the dealer. (3) The assessing authority shall not grant permission under sub-rule (1) where the applicant dealer,- (a) has failed to comply with an order demanding initial of additional security under sub-section (2A) of section 7 and/or under sub-section (3A) of section 7; or (b) does not require the forms applied for; or (c) has not made proper use of Forms previously issued to him; (d) has failed in making payment of any outstanding demand(s); or (e) has filed in paying tax or any other sum due under the provisions of the Central Sale Tax Act, 1956 and/or Rajasthan Value Added Tax Act, 2003 in the prescribed time; or (f) has failed in furnishing any return or returns in accordance with the provisions or Rajasthan Value Added Tax Act, 2003; However, if the above requirements have been fulfilled by the dealer at any time, the assessing authority may grant permission to the dealer. (4) After grant of permission for generation of declaration in From-C, dealer shall submit a subsequent request for generation of declaration in from-C through e-CST system of official website of the department in the manner as specified by the Commissioner. (5) The dealer shall not be entitled to generate the declaration From-C, for Inter-State purchase transactions effected by him, if he has failed:- (a) in making payment of any outstanding demand(s); or (b) in paying tax or any other sum due under the provisions of the Central Sales Tax Act, 1956 and/or Rajasthan Value Added Tax Act, 2003 in the prescribed time; or (c) in furnishing any return or returns in accordance with the provisions of Rajasthan Value Added Tax Act, 2003; and he shall be allowed to generate the declaration in From-C only after fulfilment of above requirement. However, the Commissioner in any particular case, if satisfied, that the interest of the State revenue so requires, may dispense with the above requirement, and permit the dealer to generate such forms in such numbers, subject to such conditions and restrictions as may be considered necessary. (6) All other provisions of rule 17 and 17E shallmutatis mutandisapply.] [Substituted by Notification No. F.12(15) FD/Tax/12-104, dated 26.3.2012, S.O. 193-Rajasthan Gazette Extraordinary Part IV(C), dated 26.3.2012.] | ### 18. Declaration in case of Families, Firms, Associations etc. - In the case of a Hindu undivided family, association, club, society, firm or company which is liable to pay tax under the Central Act, or in the case of a person who carries on business as a guardian or trustee or otherwise on behalf of another person and is in respect of any such business, so liable, a declaration shall be furnished in Form CST 2 to the assessing authority. ### 19. [ Offences and penalties. [Substituted by Notification No. F. 5 (61) FD/RT/63 dated 11.7.1963 Published on 22.8.1963.] - Any person contravening any provision of these rules shall be punishable with fine which may extend to five hundred rupees and when the offence is a continuing one with a fine which may extend to fifty rupees for every day during which the offence continues.] ### 20. Who may appear before Sales Tax Authorities. - Any person, who is for the time being entitled to appear on behalf of the dealer before a Sales Tax Authority in proceedings under the State Sales Tax Law, may appear on behalf of such dealer in proceedings before any authority under the Central Act. ### 21. Assessment, collection and enforcement of payment of tax. - Except as otherwise provided in the Central Act or these rules, assessment, collection and enforcement of payment of tax under the Central Act, shall be done in the same manner as under the State Sales Tax Law, vide sub-section (2) of section 9 of the Central Act. ### 22. Appeals, reviews, revisions, references etc. - Appeals, reviews, revisions and references relating to the assessment, collection and enforcement of payment of tax under the Central Act shall be governed by the same provisions as are applicable for the purposes of the State Sales Tax Law, vide sub-section (2) of section 9 of the Central Act. ### 22A. [ [Inserted by Notification No. F. 2 (13) FD/Gr.IV/73 dated 30.3.1973.] (1) The memorandum of appeal under sub-section (3H) of section 7 shall be in form CST 14 and shall be accompanied by proof of having furnished the security or additional security as required by the order appealed against. (2) Court fee stamps of rupees twenty five shall be affixed on the memorandum of appeal. (3) The appeal shall lie to the appellate authority appointed under the Rajasthan Sales Tax Act, 1954 to hear appeals against orders passed under that Act. (4) The manner in which an appeal shall be preferred and the procedure to be followed in hearing such appeals shall be the same as is prescribed for appeals under the Rajasthan Sales Tax Act, 1954.] ### 23. Penalties and compounding of offences. - Penalties and compounding of offences with reference to the assessment, collection and enforcement of payment of tax under the Central Act, shall be governed by the same provisions as are applicable for the purposes of the State Sales Tax Law, vide sub-section (2) of Section 9 of the Central Act. [\*\*\*] [Deleted 'Form CST-3' by Rajasthan Notification No. S.O. 239, dated 6.3.2013 (w.e.f 4.3.1957).] | | | --- | | Form C.S.T. 3 (SeeRule 13) Register of Declaration Forms maintained under rule 17 of the Central Sales Tax (Rajasthan) Rules, 1957 {| | | Date of receipt | Authority form whom received | Books No. | Serial No. \_\_\_\_\_\_\_ to \_\_\_\_\_\_ | Date of Issue | Book No | Serial No | Name and Address of seller to whom issued. | No. and date of order in respect of which issued | Description of goods in respect of which issued. | Value of the goods | Seller's Cash Memo/challan No. in reference to which issued. | No. and date of railway receipt or other carrier's challan for the goods. | Surrendered to (Sales Tax Authority) | Ramarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 12 | 14 | 15 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |} [Form C.S.T. 5A [Inserted by Notification No. G.S.R. 75, dated 27.11.2007 (w.e.f. 4.3.1957).] ] e-Challan (For deposit of tax/demand/other sum) Government of Rajasthan Commercial Taxes Department | | | | --- | --- | | Circle ; | 0040-Sales Tax | | Ward No.- | 101- Receipts under the CST Act (a) | | Registration No. (TIN) | 800-Other Receipts (b) | Tax period from.................................................................... to ................................................................................... Name of assessee: ...................................................................................................................................................... Address: ................................................................................................................................................................... (a) Receipts under the CST Act. (i) Advance payment of tax: (1) CST (2) Surcharge Total (a)(i) (ii) Deposit of demand: (1) Sales tax including penalties and interest. (2) Surcharge Total (a)(ii) (iii) Registration Fee (iv) Exemption Fee (v) Composition Fee (vi) Other Fee Total (a) (b) Other Receipts (i) Fines/Penalties and interest (ii) Security (iii) Miscellaneous Receipts Total (b) Grand Total (In figures) Rupees ............................... (In words) Rupees ................................ | | | | | | | --- | --- | --- | --- | --- | | Challan (CIN) | Identification Number | BSR Code | Date | Challan No. | Online Payment Through Internet Banking < Bank Name > < Collecting Branch Name> [Form C.S.T. 5B [Inserted by Notification No. G.S.R. 75, dated 27.11.2007 (w.e.f. 4.3.1957).] ] | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | S. No. | Name of Depositor | R.C. No. (TIN) | Date of Deposit | Major Head | Sub Major Head | Minor Head | Sub Head | Bank CIN | Amount (in Rs.) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Signature of Bank OfficialDesignation & Seal

65ba6ec7ab84c7eca86eb4bf

acts

Union of India - Act ---------------------- The Central Electricity Authority Rules, 1977 ----------------------------------------------- UNION OF INDIA India The Central Electricity Authority Rules, 1977 =============================================== Rule THE-CENTRAL-ELECTRICITY-AUTHORITY-RULES-1977 of 1977 ----------------------------------------------------------- * Published on 23 November 1977 * Commenced on 23 November 1977 The Central Electricity Authority Rules, 1977 Published vide G.S.R. 1662, dated 23.11.1977, published in the Gazette of India, Extraordinary, Part II, Section 3(i) , dated 10.12.1977. ### 9. /496 In exercise of the powers conferred by section 4-B of the Electricity (Supply) Act, 1948 ( 54 of 1948 ), the Central Government hereby makes the following rules, namely:- ### 1. Short title and commencement .-(1) These rules may be called The Central Electricity Authority Rules, 1977. (2) They shall come into force on the date of their publications in the Official Gazette. ### 2. Definitions .-In these rules, unless the context otherwise requires,- (a) "Act" means the Electricity (Supply) Act, 1948 ( 54 of 1948 ); (b) "Authority" means the Central Electricity Authority constituted under section 3; (c) "section" means a section of the Act. ### 3. Functions and duties of the Authority .-In addition to the functions and duties mentioned in particular in sub-section (1) of section 3, the functions to be exercised and the duties to be performed by the Authority shall be the following, namely:- (a) co-ordination of research and development in the power engineering field; (b) evaluation of the financial performance of the State Electricity Branch constituted under section 5 and undertaking of studies concerning the economic and commercial aspects of the power industry as well as analysis of the tariff structure in the power industry; (c) techno-economic appraisal of power projects; (d) promotion of inter-State and joint sector power projects. [\* \* \*]

65ba7b61ab84c7eca86eb93d

acts

Union of India - Act ---------------------- The Companies (Mediation and Conciliation) Rules, 2016 -------------------------------------------------------- UNION OF INDIA India The Companies (Mediation and Conciliation) Rules, 2016 ======================================================== Rule THE-COMPANIES-MEDIATION-AND-CONCILIATION-RULES-2016 of 2016 ------------------------------------------------------------------ * Published on 9 September 2016 * Commenced on 9 September 2016 The Companies (Mediation and Conciliation) Rules, 2016 Published vide Notification No. G.S.R. 877 (E) , 9th September, 2016 Ministry of Corporate Affairs G.S.R. 877 (E) . - In exercise of the powers conferred under section 442 read with section 469 of the Companies Act, 2013 ( 18 of 2013 ), the Central Government hereby makes the following rules, namely : ### 1. Short Title and Commencement. (1) These rules may be called the Companies (Mediation and Conciliation) Rules, 2016. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions. (1) In these rules, unless the context otherwise requires, - (a) "Act" means the Companies Act, 2013 ( 18 of 2013 ); (b) "Regional Director" means the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director ; (c) "Annexure" means the annexure attached to these rules ; (d) "Form" or "e-Form" means a form set forth in the Annexure which shall be used for the matter to which it relates ; (e) "Panel" means the Mediation and Conciliation Panel. (2) The words and expressions used in these rules but not defined and defined in the Act or in the Companies (Specification of Definitions Details) Rules, 2014 shall have the meanings respectively assigned to them in the Act or the rules. ### 3. Panel of mediators or conciliators. (1) Regional Director shall prepare a panel of experts willing and eligible to be appointed as mediators or conciliators in the respective regions and such panel shall be placed on the website of the Ministry of Corporate Affairs or on any other website as may be notified by the Central Government. (2) The Regional Director may invite applications from persons interested in getting empanelled as mediator or conciliator and possessing the requisite qualifications specified in Rule 4. (3) A person who intends to get empanelled as mediator or conciliator and possesses the requisite qualifications shall apply to the Regional Director in Form MDC-1. (4) Application received under sub-rule (3), if rejected by the Regional Director, the Regional Director shall record the reasons in writing for the same. (5) The Regional Director shall invite applications from persons interested in getting empanelled as mediator or conciliator every year during the month of February and update the Panel which shall be effective from 1st of April of every year: Provided that for Financial Year 2016-17, the Regional Director may call for applications from the persons interested in getting empanelled as mediator or conciliator, within 60 days from the date of publication of these rules and prepare the panel for the current financial year within a period of 30 days. ### 4. Qualifications for empanelment. - A person shall not be qualified for being empanelled as mediator or conciliator unless he - (a) has been a Judge of the Supreme Court of India ; or (b) has been a Judge of a High Court ; or (c) has been a District and Sessions Judge ; or (d) has been a Member or Registrar of a Tribunal constituted at the National level under any law for the time being in force ; or (e) has been an officer in the Indian Corporate Law Service or Indian Legal Service with fifteen years experience ; or (f) is a qualified legal practitioner for not less than ten years ; or (g) is or has been a professional for at least fifteen years of continuous practice as Chartered Accountant or Cost Accountant or Company Secretary ; or (h) has been a Member or President of any State Consumer Forum ; or (i) is an expert in mediation or conciliation who has successfully undergone training in mediation or conciliation. ### 5. Disqualifications for empanelment. - A person shall be disqualified for being empanelled as mediator or conciliator, if he - (a) is an undischarged insolvent or has applied to be adjudicated as an insolvent and his application is pending ; (b) has been convicted for an offence which, in the opinion of the Central Government, involves moral turpitude ; (c) has been removed or dismissed from the service of the Government or the Corporation owned or controlled by the Government ; (d) has been punished in any disciplinary proceeding, by the appropriate disciplinary authority ; or (e) has, in the opinion of the Central Government, such financial or other interest in the subject matter of dispute or is related to any of the parties, as is likely to affect prejudicially the discharge by him of his functions as a mediator or conciliator. ### 6. Application for appointment of Mediator or Conciliator and his appointmen. (1) (a) Parties concern may agree on the name of the sole mediator or conciliator for mediation or conciliation between them; (b) Where, there are two or more sets of parties and are unable to agree on a sole mediator or conciliator, the Central Government or the Tribunal or the Appellate Tribunal may ask each party to nominate the mediator or conciliator or the Central Government or the Tribunal or the Appellate Tribunal may appoint the mediator or conciliator, as may be deemed necessary for mediation or conciliation between the parties. (2) The application to the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, for referring the matter pertaining to any proceeding pending before it for mediation or conciliation shall be in Form MDC-2 and shall be accompanied with a fee of one thousand rupees. (3) On receipt of an application under sub-rule (2), the Central Government or the Tribunal or the Appellate Tribunal shall appoint one or more experts from the panel. (4) The Central Government or the Tribunal or the Appellate Tribunal, as the case may be, before which any proceeding is pending may, suo motu, refer any matter pertaining to such proceeding to such number of experts from the Mediation and Conciliation Panel, if it deems fit in the interest of parties. ### 7. Deletion from the Panel. - The Regional Director may by recording reasons in writing and after giving him an opportunity of being heard, remove any person from the Panel. ### 8. Withdrawing name from Panel. - Any person who intends to withdraw his name from the Mediation and Conciliation Panel may make an application to the Regional Director indicating the reasons for such withdrawal and the Regional Director shall take a decision on such application within fifteen days of receipt of such application and update the Panel accordingly. ### 9. Duty of mediator or conciliator to disclose certain facts. (1) It shall be the duty of a mediator or conciliator to disclose to the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, about any circumstances which may give rise to a reasonable doubt as to his independence or impartiality in carrying out his functions. (2) Every mediator or conciliator shall from the time of his appointment and throughout continuance of the mediation or conciliation proceedings, without any delay, disclose to the parties about existence of any circumstance referred to in sub-rule (1). ### 10. Withdrawal of appointment. - The Central Government or the Tribunal or the Appellate Tribunal as the case may be, upon receiving any disclosure furnished by the mediator or conciliator under rule 9, or after receiving any other information from a party or other person in any proceeding which is pending and on being satisfied that such disclosures or information has raised a reasonable doubt as to the independence or impartiality of such mediator or conciliator, may withdraw his appointment and in his place, appoint any other mediator or conciliator in that proceeding : Provided that the mediator or conciliator may, offer to withdraw himself from such proceeding and request the Central Government or the Tribunal or the Appellate Tribunal as the case may be to appoint any other mediator or conciliator. ### 11. Procedure for disposal of matters. (1) For the purposes of mediation and conciliation, the mediator or conciliator shall follow the following procedure, namely :- (i) he shall fix, in consultation with the parties, the dates and the time of each mediation or conciliation session, where all parties have to be present ; (ii) he shall hold the mediation or conciliation at the place decided by the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, or such other place where the parties and the mediator or conciliator jointly agree ; (iii) he may conduct joint or separate meetings with the parties ; (iv) each party shall, ten days before a session, provide to the mediator or conciliator a brief memorandum setting forth the issues, which need to be resolved, and his position in respect of those issues and all information reasonably required for the mediator or conciliator to understand the issue and a copy of such memorandum shall also be given to the opposite party or parties: Provided that in suitable or appropriate cases, the above mentioned period may be reduced at the discretion of the mediator or conciliator; (v) each party shall furnish to the mediator or conciliator such other information as may be required by him in connection with the issues to be resolved. (2) Where there is more than one mediator or conciliator, the mediator or conciliators may first concur with the party that agreed to nominate him and thereafter interact with the other mediator or conciliator, with a view to resolve the dispute. ### 12. Mediator or Conciliator not bound by the Indian Evidence Act, 1872 or the Code of Civil Procedure, 1908. - The mediator or conciliator shall not be bound by the Indian Evidence Act, 1872 or the Code of Civil Procedure, 1908 while disposing the matter, but shall be guided by the principles of fairness and natural justice, having regard to the rights and obligations of the parties, usages of trade, if any, and the circumstances of the dispute. ### 13. Representation of parties. - The parties shall ordinarily be present personally or through an authorised attorney at the sessions or meetings notified by the mediator or conciliator: Provided that the parties may be represented by an authorised person or counsel with the permission of the mediator or conciliator in such sessions or meetings and the mediator or conciliator or the Central Government or the Tribunal or the Appellate Tribunal as the case may be, shall be entitled to direct or ensure the presence of any party to appear in person: Provided further that the party not residing in India may, with the permission of the mediator or conciliator, be represented by his or her authorised representative at the sessions or meetings. ### 14. Consequences of non-attendance of parties at sessions or meetings on due dates. - If a party fails to attend a session or a meeting fixed by the mediator or conciliator deliberately or wilfully for two consecutive times, the mediation or conciliation shall be deemed to have failed and mediator or conciliator shall report the matter to the Central Government or the Tribunal or the Appellate Tribunal, as the case may be. ### 15. Administrative assistance. - In order to facilitate the conduct of mediation or conciliation proceedings, the mediator or conciliator with the consent of the parties, may arrange for administrative assistance by a suitable institution or person. ### 16. Offer of settlement by parties. (1) Any party to the proceeding may, "without prejudice" offer a settlement to the other party at any stage of the proceedings, with a notice to the mediator or conciliator. (2) Any party to the proceeding may make a, "with prejudice" offer to the other party at any stage of the proceedings with a notice to the mediator or conciliator. ### 17. Role of Mediator or Conciliator. - The mediator or conciliator shall attempt to facilitate voluntary resolution of the dispute by the parties, and communicate the view of each party to the other, assist them in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise and generating options in an attempt to resolve the dispute, emphasising that it is the responsibility of the parties to take decision which affect them and he shall not impose any terms of settlement on the parties : Provided that on consent of both the parties, the mediator or conciliator may impose such terms and conditions on the parties for early settlement of the dispute as he may deem fit. ### 18. Parties alone responsible for taking decision. - The parties shall be made to understand that the mediator or conciliator facilitates in arriving a decision to resolve the dispute and that he shall not and cannot impose any settlement nor the mediator or conciliator give any assurance that the mediation or conciliation shall result in a settlement and the mediator or conciliator shall not impose any decision on the parties. ### 19. Time limit for completion of mediation or conciliation. (1) The process for any mediation or conciliation under these rules shall be completed within a period of three months from the date of appointment of expert or experts from the Panel. (2) On the expiry of three months from the date of appointment of expert from the Panel, the mediation or conciliation process shall stand terminated. (3) In case of mediation or conciliation in relation to any proceeding before Tribunal or Appellate Tribunal which could not be completed within three months, the Tribunal or as the case may be, the Appellate Tribunal, may on the application of mediator or conciliator or any of the party to the proceedings, extend the period for mediation or conciliation by such period not exceeding three months. ### 20. Parties to act in good faith. - All the parties shall commit to participate in the proceedings in good faith with the intention to settle the dispute. ### 21. Confidentiality, disclosure and inadmissibility of information. (1) When a mediator or conciliator receives factual information concerning the dispute from any party, he shall disclose the substance of that information to the other party, so that the other party may have an opportunity to present such explanation as it may consider appropriate : Provided that when a party gives information to the mediator or conciliator subject to a specific condition that the information may be kept confidential, the mediator or conciliator shall not disclose that information to the other party. (2) The receipt or perusal, or preparation of records, reports or other documents by the mediator or conciliator, while serving in that capacity shall be confidential and the mediator or conciliator shall not be compelled to divulge information regarding those documents nor as to what transpired during the mediation or conciliation before the Central Government or the Tribunal or the Appellate Tribunal or as the case may be, or any other authority or any person or group of persons. (3) The parties shall maintain confidentiality in respect of events that transpired during the mediation and conciliation and shall not rely on or introduce the said information in other proceedings as to - (i) views expressed by a party in the course of the mediation or conciliation proceedings ; (ii) documents obtained during the mediation or conciliation which were expressly required to be treated as confidential or other notes, drafts or information given by the parties or the mediator or conciliator. (iii) proposals made or views expressed by the mediator or conciliator ; (iv) admission made by a party in the course of mediation or conciliation proceedings. (4) There shall be no audio or video recording of the mediation or conciliation proceedings. (5) No statement of parties or the witnesses shall be recorded by the mediator or conciliator. ### 22. Privacy. - The mediation or conciliation sessions or meetings shall be conducted in privacy where the persons as mentioned in rule 13 shall be entitled to represent parties but other persons may attend only with the permission of the parties and with the consent of the mediator or conciliator. ### 23. Protection of action taken in good faith. - No mediator or conciliator shall be held liable for anything, which is done or omitted to be done by him, in good faith during the mediation or conciliation proceedings for civil or criminal action nor shall be summoned by any party to the suit or proceeding to appear before the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, to testify regarding information received by him or action taken by him or in respect of drafts or records prepared by him or shown to him during the mediation or conciliation proceedings. ### 24. Communication between mediator or conciliator and the Central Government or the Tribunal or the Appellate Tribunal. - In order to preserve the confidence of parties in the Central Government or the Tribunal or the Appellate Tribunal as the case may be and the neutrality of the mediator or conciliator, there shall be no communication between the mediator or conciliator and the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, in the subject matter : Provided that, if any communication between the mediator or conciliator and the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, is necessary, it shall be in writing and copies of the same shall be given to the parties or the authorised representative : Provided further that communication between the mediator or conciliator and the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, shall be limited to communication by the mediator or conciliator: (i) about the failure of the party to attend ; (ii) about the consent of the parties ; (iii) about his assessment that the case is not suited for settlement through the mediation or conciliation; (iv) about settlement of dispute between the parties. ### 25. Settlement agreement. (1) Where an agreement is reached between the parties in regard to all the issues or some of the issues in the proceeding, the same shall be reduced to writing and signed by the parties and if any counsel has represented the parties, the conciliator or mediator may also obtain the signature of such counsel on the settlement agreement. (2) The agreement of the parties so signed shall be submitted to the mediator or conciliator who shall, with a covering letter signed by him, forward the same to the Central Government or the Tribunal or the Appellate Tribunal, as the case may be. (3) Where no agreement is reached at between the parties, before the time limit specified in rule 19, or where the mediator or conciliator is of the view that no settlement is possible, he shall report the same to the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, in writing. ### 26. Fixing date for recording settlement and passing order. (1) The Central Government or the Tribunal or the Appellate Tribunal as the case may be, shall fix a date of hearing normally within fourteen days from the date of receipt of the report of the mediator or conciliator under rule 25 and on such date of hearing, if the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, is satisfied that the parties have settled their dispute, it shall pass an order in accordance with terms thereof. (2) If the settlement disposes of only certain issues arising in the proceeding, on the basis of which any order is passed as stated in sub-rule (1), the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, shall proceed further to decide the remaining issues. ### 27. Expenses of the mediation and conciliation. (1) At the time of referring the matter to the mediation or conciliation, the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, may fix the fee of the mediator or conciliator and as far as possible, a consolidated sum may be fixed rather than for each session or meeting. (2) The expense of the mediation or conciliation including the fee of the mediator or conciliator, costs of administrative assistance and other ancillary expenses concerned, shall be borne equally by the various contesting parties or as may be otherwise directed by the Central Government or the Tribunal or the Appellate Tribunal, as the case may be. (3) Each party shall bear the costs for production of witnesses on his side including experts or for production of documents. (4) The mediator or conciliator may, before the commencement of the mediation or conciliation, direct the parties to deposit equal share of the probable costs of the mediation or conciliation including the fees to be paid to the mediator or conciliator. (5) If any party or parties do not pay the amount referred to sub-rule (4), the Central Government or the Tribunal or the Appellate Tribunal, as the case may be, shall on the application of the mediator or conciliator, or any party, issue appropriate directions to the concerned parties. (6) The mediation or conciliation shall commence only on the deposit of amount referred to in sub-rule (4) and in case amount is not paid before such commencement, the mediation or conciliation shall be deemed to have terminated. ### 28. Ethics to be followed by Mediator or Conciliator. - The mediator or conciliator shall? (a) follow and observe the rules strictly and with due diligence ; (b) not carry on any activity or conduct which shall reasonably be considered as conduct unbecoming of a mediator or conciliator ; (c) uphold the integrity and fairness of the mediation or conciliation process; (d) ensure that the parties involved in the mediation or conciliation are fairly informed and have an adequate understanding of the procedural aspects of the process ; (e) satisfy himself or herself that he or she is qualified to undertake and complete the assignment in a professional manner ; (f) disclose any interest or relationship likely to affect impartiality or which might seek an appearance of partiality or bias ; (g) avoid, while communicating with the parties, any impropriety or appearance of impropriety ; (h) be faithful to the relationship of trust and confidentiality imposed in the office of mediator or conciliator ; (i) conduct all proceedings related to the resolutions of a dispute, in accordance with the relevant applicable law ; (j) recognise that the mediation or conciliation is based on principles of self-determination by the parties and that the mediation or conciliation process relies upon the ability of parties to reach a voluntary, undisclosed agreement ; and (k) maintain the reasonable expectations of the parties as to confidentiality and refrain from promises or guarantees of results. Provided that if any party finds conduct of mediator or conciliator violative of ethics laid down in this rule, the party may immediately bring it to the notice of the Regional Director. ### 29. Resort to arbitral or judicial proceedings. - The parties shall not initiate, during the mediation or conciliation under these rules, any arbitral or judicial proceedings in respect of a matter that is the subject-matter of the mediation or conciliation, except that a party may initiate arbitral or Judicial proceedings, where, in his, opinion, such proceedings are necessary for protecting his rights. ### 30. Matters not to be referred to the mediation or conciliation. - The following matters shall not be referred to mediation or conciliation, namely :- (a) the matters relating to proceedings in respect of inspection or investigation under Chapter XIV of the Act; or the matters which relate to defaults or offences for which applications for compounding have been made by one or more parties. (b) cases involving serious and specific allegations of fraud, fabrication of documents forgery, impersonation, coercion etc. (c) cases involving prosecution for criminal and non-compoundable offences. (d) cases which involve public interest or interest of numerous persons who are not parties before the Central Government or the Tribunal or the Appellate Tribunal as the case may be. Form MDC-l [See rule 3(3) of the Companies (Mediation and Conciliation) Rules, 2016] Application for Empanelment of Mediator or Conciliator on the Panel To The Regional Director \_\_\_\_\_\_\_\_ I ........................................................... S/o or D/o or W/o\*.......................... resident of .................................... (address) am hereby pleased to offer my services as Mediator or Conciliator so as to take up any assignment or matters referred by the Central Government at the places furnished hereunder: ### 1. \_\_\_\_\_\_\_\_ 2.\_\_\_\_\_\_\_\_\_ 3.\_\_\_\_\_\_\_\_\_\_\_ 4.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ I possess requisite qualifications and experience in the following fields for the past \_\_\_\_\_years. In this regard, my resume or an illustrative memoranda as to my qualifications, experience, notable achievements with relevant proofs and declaration are enclosed hereto in two sets duly attested. Area of Experience in brief : I shall abide by the Companies (Mediation and Conciliation) Rules, 2016 and such other relevant rules or Code of Conduct or Guidelines as may be specified from time to time. I state that upon the receipt of the intimation of offer of empanelment, the necessary documentation shall also be executed. I request you to consider my application for empanelment in the Panel. Place : Dated : Signature Encl : (Seal) \*Strike off whichever is not applicable. Form MDC-2 [See rule 6(2) of the Companies (Mediation and Conciliation) Rules, 2016] Application for referring the matter to the Panel To The (Designated Officer) The Central Government/Tribunal/Appellate Tribunal. I .................................................S/o or D/o or W/o\*..........................resident of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(address) being a party in the proceeding before Central Government/Tribunal/Appellate Tribunal under section \_\_\_\_\_\_\_\_\_\_\_\_of the Act bearing reference number \_\_\_\_\_\_\_\_\_\_\_(if any) hereby apply for referring the matter to the Mediation and Conciliation Panel. The requisite fee has been paid vide ..............................(details of fees paid). Place : Dated : Signature \* Strike off whichever is not applicable

65b92b04ab84c7eca86e87c3

acts

State of Uttar Pradesh - Act ------------------------------ The U.P. Establishment of Manufactory Rules, 1997 --------------------------------------------------- UTTAR PRADESH India The U.P. Establishment of Manufactory Rules, 1997 =================================================== Rule THE-U-P-ESTABLISHMENT-OF-MANUFACTORY-RULES-1997 of 1997 -------------------------------------------------------------- * Published on 1 September 1997 * Commenced on 1 September 1997 The U.P. Establishment of Manufactory Rules, 1997 Published vide Notification No. 6111/P.A./97, dated September 1, 1997 published in U.P. Gazette (Extraordinary) , dated 1st September, 1997 In exercise of the powers conferred under Section 41 of the U.P. Excise Act, 1910 (U. P. Act No. IV of 1910), the Excise Commissioner, with the previous sanction of the State Government, makes the following rules relating to the establishment of the manufactory : ### 1. Short title and commencement. (1) These rules may be called the Uttar Pradesh Establishment of Manufactory Rules, 1997. (2) They shall come into force from the date of their publication in the Gazette. ### 2. Definitions. - In these rules, unless there is anything repugnant in the subject or context,- (a) "blending" means the mixing together of two or more liquors of different strength or different qualities; (b) "compounding" means the artificial preparation of foreign liquor by the addition to imported or to country made spirit, of flavouring or colouring matter or of both; (c) "maturation" means keeping the procured spirit in a specified wooden vessel or vats for such a period as may be prescribed by the Excise Commissioner so that the spirit may be matured by acquiring the colour and flavour of the specified wood; (d) "matured spirit" means the spirit, which has been matured in specified wooden vessel for a period not less than one year; (e) "reduction" means reduction of spirit or liquor from a higher strength to a lower strength by addition of distilled water; (f) "Officer-in-charge" means the excise inspector of the manufactory; (g) "warehouse" means a part of manufactory specified by the Excise Commissioner within the premises of the manufactory as bonded warehouse for storage and maturation of procured spirit brought thereunder bond for the payment of duty when issued from such warehouse. ### 3. Establishment of manufactory. (1) Any person desiring a licence to establish a manufactory shall submit an application in Form F.L.M.-1 to the Collector of the district in which he wishes to establish the manufactory and the Collector will forward the same for approval of the Excise Commissioner. (2) The application in Form F.L.M.-1 referred to in sub-rule (1) shall be accompanied by- (i) a project report of the proposed manufactory along with details regarding the plant and machinery and plans of the building in which he proposes to construct his manufactory. The plan shall be drawn to scale on tracing cloth showing the exact position and dimension of each warehouse, room and vessel to be used and course of all pipelines and bottling plant and machineries; (ii) any other certificate or authorisation or clearance required from the Central Government or a local body or Town and Country Planning Department or Uttar Pradesh Pollution Control Board or as required under any enactment or rules in force. (3) [ If after such enquiry as he may deem necessary, the Excise Commissioner is satisfied that licence for the establishment of manufactory should be granted, he shall with previous approval of the State Government and. subject to such conditions as the State Government may deem fit to impose, grant a licence in Form F.L.M.-2 authorising the establishment of manufactory on payment of fee of rupees one lac : Provided that no licence shall be granted to a person who is a retail vendor of liquor.] [Substituted vide Notification No. 6121/P.A./97, dated September 3, 1997, published in U.P. Gazette (Extraordinary) , dated 3rd September, 1997.] (4) [ The Licence granted in sub-rule (3) shall be valid unless specially extended, for a period of one year from the date of issue, within which period the holder thereof shall arrange to secure land, building, plant, machinery and other equipments required for the establishment of the manufactory. The licence granted in sub-rule (3) shall not confer any right of privilege for the grant of the licence for manufacture of Indian Made Foreign Liquor from procured spirit and the said licence may be revoked or withdrawn at any time in public interest, after giving the holder of the said licence a notice to show cause against such action, and after hearing him, if he so desires. No compensation for damage or loss shall be payable when the said licence is revoked or withdrawn.] [Substituted vide Notification No. 6121/P.A./97, dated September 3, 1997, published in U.P. Gazette (Extraordinary) , dated 3rd September, 1997.] (5) The applicant shall report to the Excise Commissioner the date on which the construction of building and erection of plant and machinery are completed. (6) When the Excise Commissioner is satisfied that the construction of building and erection of plant and machinery are completed in all. respect he may with previous approval of the State Government, grant a licence in Form F.L.M.-3 for the period of one year on payment of licence fee, | | | | | | --- | --- | --- | --- | | (i) | in case of a manufactory having bottling capacity less than fifteen lacs reputed quart bottles per year. | | Rupees five lacs per year or part thereof; | | (ii) | in case of a manufactory having bottling capacity more than fifteen lacs but less than twenty five lacs reputed quart bottles per year. | | Rupees ten lacs per year or part thereof; | | (iii) | in case of a manufactory having bottling capacity more than twenty five lacs but not more than fifty lacs reputed quart bottles per year. | | Rupees fifteen lacs per year or part thereof. | (7) Licence in Form F.L.M.-3 may be renewed every year on payment of the licence fee fixed in sub-rule (6) subject to due observance of the provisions of the relevant rules on the subject. (8) The licensee shall furnish a security of rupees fifty thousand in form of Government Promissory Notes or other Government Securities of equivalent market value for fulfilment of all conditions of licence and for payment of all sums which may become due to Government by way of duty, rent, penalties, fines and taxes under any law or rules having the force of law or under any engagement or bond into which he may have entered. The notes or other securities shall on deposit, be endorsed to Collector of the district by designation. The licensee shall be allowed to draw, as it falls due, the interest accruing on them. (9) No alteration or addition shall be made, without the prior permission of the Excise Commissioner, in or to the building or the plant and machinery of the manufactory : Provided that the minor addition or alteration may be made by the licensee under intimation to the Excise Commissioner. (10) The licensee shall not hypothecate or sell, or mortgage or transfer or sub-lease the licence or enter into any partnership for the working of the licence. ### 4. Procurement of Spirit. (1) The holder of the licence in Form F.L.M.-3 shall, procure specified spirit for manufacture of Indian Made Foreign Liquor by transporting it only from the distilleries producing potable alcohol situated in Uttar Pradesh in accordance with the procedure laid down in the rules regarding Import, Export and Transport of the Foreign Liquor (other than denatured spirit) contained in Section XXXVIII of Chapter VIII of Excise Manual, Volume I (1974 Edition) as per the allotments made by the Excise Commissioner from time to time, and will store it in his bonded warehouse in accordance with the said rules and conditions laid down by the Excise Commissioner in that behalf. (2) The spirit so procured for manufacturing the Indian Made Foreign Liquor shall be of such specification as laid down in paragraph 712 of the Excise Manual, Volume I (1974 Edition). ### 5. Maturation of spirit. - Provisions of the Uttar Pradesh Maturation of Spirit for manufacturing Indian Made Foreign Liquor Rules, 1994, shall mutatis mutandis apply to the manufacturing of Indian made foreign liquor by a manufactory. ### 6. Manufacturing of Indian made foreign liquor. (1) Provisions of the General Rules governing all distilleries contained in Section XLIII of Chapter IX of the Excise Manual, Volume I (1974 Edition) regarding the storage, safety, reduction, blending, flavouring and colouring of spirit for manufacture of Indian made foreign liquor and regarding its issue, wastage and stock taking, shall mutatis mutandis apply to a manufactory holding F.L.M.-3 licence and the holder of the said licence shall also maintain all registers and accounts as provided in the said rules. (2) Rules relating to wholesale vend of foreign liquor (other than denatured spirit) contained in Section XXXIX of Chapter VIII of the Excise Manual, Volume I (1974 Edition) shall mutatis mutandis apply to a manufactory holding the F.L.M.-3 licence and such manufactory shall be granted a licence in Form F.L.-1 for wholesale vend of Indian made foreign liquor. ### 7. Quality Control. - Manufactory shall ensure following measures with respect to quality control of Indian made foreign liquor : (1) All spirit used in the manufacture of foreign liquor shall be fit for human consumption and all possible measures for good hygienic conditions will be evolved by the manufactory. (2) No ingredient noxious to health shall be added to the spirit stored. The colouring, flavouring, essencing or aromatic agents used for compounding the spirit shall be fit for human consumption. (3) The manufactory shall have to establish his own laboratory within the licensed premises. Such laboratory shall be well equipped, manned by qualified technical personnel and the expenditure incurred on it shall be borne by the manufactory. Sample of every batch of foreign liquor manufactured and ready for bottling shall be analysed in the laboratory before it is bottled. The issue of a batch shall be allowed only when the sample of foreign liquor is found fit for human consumption. An attested copy of every such chemical analysis or test report shall be provided to the officer-in-charge free of cost. The sample shall be drawn under the supervision of and in the presence of Officer-in-charge of the manufactory. (4) (a) Excise Commissioner may direct for taking of sample at random of bottled Indian made foreign liquor and the officer-in-charge shall draw such samples in accordance with the directions issued by the Excise Commissioner in this regard and send it to the departmental laboratory or other authorised laboratory for chemical analysis or test. (b) Spirit or Indian made foreign liquor, found sub-standard or unfit for human consumption on chemical analysis or test, shall be rejected, and destroyed or disposed of in such manner as may be directed by the Excise Commissioner in this behalf. ### 8. Bottling of Indian made foreign liquor. - Provisions of the Uttar Pradesh Bottling of Foreign Liquor Rules, 1969, shall mutatis mutandis apply to bottling of Indian made foreign liquor in a manufactory holding F.L.M.-3 licence and the said manufactory shall be granted F.L.-3 licence to bottle the manufactured Indian made foreign liquor : Provided that the said manufactory shall not be allowed to assign its bottling privilege to others. F.L.M.-1 [See Rule 3 (1) ] Application to establish a manufactory ### 1. (a) Name and address of the applicant/applicants. (b) Whether pub lie/private Ltd., or proprietary concern. ### 2. Capital Structure (a) In case of Limited Company : (i) Authorised (ii) Issued (iii) Paid up (iv) Borrowings, if any (b) In case of others : (i) Capital (ii) Borrowings, if any (c) Details of Investments : I. Fixed Assets. (i) Land (ii) Building (iii) Plant and Machinery (iv) Others, if any. II. Working Capital. ### 3. Location. ### 4. Plant and Machinery : (i) Value of Plant and Machinery to be imported or of imported origin. (ii) Value of Plant and Machinery of indigenous origin. ### 5. Raw material required for production. ### 6. Water and Power requirement : (i) Particulars of requirements; (ii) Whether necessary permission has been secured. ### 7. Process : (a) Brief process of manufacture. (b) Standard and quantity of products proposed to be manufactured. ### 8. Technical Assistance : (i) Whether any foreign Collaboration or know how is envisaged and if so the foreign exchange involved. (ii) Indigenous. ### 9. Forecast of time factors : (a) Time required to secure land, building and other accommodation after F.L.M. - 2 licence is issued. (b) Time required to erect machinery and start production after the licence is granted. ### 10. Items of Manufacture. ### 11. Employment Potential : (i) Supervisory (ii) Skilled (iii) Unskilled ### 12. Details of the certificates or authorisation or clearance required : (a) From Central Government. (b) From Local body, Town and Country Planning Department. (c) From U. P. Pollution Control Board. (d) From any other Department. ### 13. (a) Any special facilities required from the Government. (b) Special features, if any, of the scheme. Signature of the applicant with date. F.L.M.-2 [See Rule 3 (3) ] Licence to establish the Manufactory Name of the licence holder(s) - Licence is hereby granted to.................................................. resident(s) of ................................... on payment of a licence fee of Rs. 1,00,000 (Rupees one lakh only) authorising him/them to establish a manufactory at .......................... in the district of............................................ subject to rules relating to manufactory and other relevant rules contained in ...................... the Excise Manual, Vol. I and to such other rules as may from time to time be made by the Excise Commissioner and the Government of Uttar Pradesh for the security of Excise revenue and for regulating the manufacture of Indian Made Foreign Liquor. The infraction of any of the rules hereinbefore enumerated shall involve forfeiture of the licence in addition to such other penalties as may be prescribed under the U. P. Excise Act, 1910. This licence shall be valid for the period one year from .....................(the date of issue of this licence). The licence holder shall apply to the Excise Commissioner at least thirty days before the expiry of this licence for an extension of the term of the licence. | | | | --- | --- | | Allahabad | Excise Commissioner, | | Dated ........... | Uttar Pradesh | F.L.M.-3 [See Rule 3 (6) ] Licence to work a manufactory Licence No......................... Date................ Licence is hereby granted to ............... resident(s) of ................... for a period ........on payment of a licence fee of Rs..........authorising- (i) to manufacture Indian Made Foreign Liquor and bottle lacs reputed quarts bottles of Indian Made Foreign Liquor per year in a manufactory situated at .... (ii) to sell it as per rules laid down in the U. P. Excise Act, 1910 and rules made thereunder subject to following conditions : Conditions ### 1. The licence shall be subject to- (i) rules relating to Import, Export and Transport of spirit contained in Chapter VIII of the Excise Manual, Vol. I; (ii) rules relating to manufacture of Indian Made Foreign Liquor contained in Chapter IX of the Excise Manual, Vol. I; and (iii) relevant provisions contained in U. P. Excise Act, 1910 and rule made thereunder and such other rules as may, from time to time, be made by the Excise Commissioner and the State Government under the said Act for the security of Excise revenue and for regulating the manufacture, sale, supply and prices of Indian made foreign liquor. ### 2. The licensee shall erect and maintain in proper order all permanent buildings, wells, water channels and drains necessary for manufactory. ### 3. The licensee shall, subject to the previous approval of the Excise Commissioner, supply and erect all plants and appliances necessary for the storage and transport of spirit and Indian made foreign liquor manufactured thereof. ### 4. No alterations in the buddings or fixed plant shall be made without the previous sanction of the Excise Commissioner. ### 5. The licensee shall be responsible for maintaining proper cleanliness within the premises of the manufactory and shall observe all the provisions of sub-section (1) of Section 11 of the Factories Act, 1948 and rules made and orders, if any, issued thereunder, unless specially exempted by the State Government from any of these provisions. ### 6. The licensee shall make effective arrangements for the disposal of waste and effluents and shall make all such arrangements as prescribed by the State Government in this behalf under the provisions of sub-section (2) of Section 12 of the Factories Act, 1948. ### 7. As security for the due fulfilment of the conditions of the licence, the licensee shall deposit with the Excise Commissioner rupees fifty thousand in form of Government Promissory Notes or other Government securities of equivalent market value or in such other form as the Excise Commissioner may approve. ### 8. The licensee shall not hypothecate or sell or mortgage or transfer or sublease the licence or enter into any partnership for the working of the licence. ### 9. The licensee, subject to the directions and guidelines issued by the Excise Commissioner, shall mature the spirit in manufactory. ### 10. The licensee, subject of the directions and guidelines issued by the Excise Commissioner shall bottle the Indian made foreign liquor under a licence granted in Form F.L.-3 for this purpose. ### 11. For the whole sale vend of manufactured Indian Made foreign liquor, a licence in Form F.L.-1 shall be granted to the licensee. ### 12. The licensee shall maintain all registers and accounts regarding the stock of spirit, wastage, Indian made foreign liquor manufactured and bottled, issued, made and balance stocks, if any thereof, as per directions of the Excise Commissioner. ### 13. Any contravention of the rules or conditions hereinbefore enumerated shall involve cancellation of the licence in addition to such other penalties as may be prescribed under the U. P. Excise Act, 1910. Counterpart Agreement I .............. the abovenamed licensee, for myself, hereby agree to all terms and conditions hereinbefore written and expressed. Date ............... Witnesses :- ### 1. ### 2. Excise Commissioner, Uttar Pradesh, Allahabad.

65ba739bab84c7eca86eb65d

acts

Union of India - Act ---------------------- Appointment of certain officers at certain ports for the purposes of various provisions of the act ---------------------------------------------------------------------------------------------------- UNION OF INDIA India Appointment of certain officers at certain ports for the purposes of various provisions of the act ==================================================================================================== Rule APPOINTMENT-OF-CERTAIN-OFFICERS-AT-CERTAIN-PORTS-FOR-THE-PURPOSES-OF-VARIOUS-PROVISIONS-OF-THE-ACT of 1953 ----------------------------------------------------------------------------------------------------------------- * Published on 7 January 1953 * Commenced on 7 January 1953 Appointment of certain officers at certain ports for the purposes of various provisions of the act S.R.O. 138, dated 7th January, 1953. ### 1. [S.R.O.138, dated 7th January, 1953.] Deemed to be in force by virtue of Section 461(3) of the Merchant Shipping Act, 1958 ( [44 of 1958 ). Reproduced here as amended form time to time.] - In exercise of the powers conferred by the sections of the India Merchant Shipping Act, 1923 (21 of 1923), specified in the first column of the Schedule hereto annexed, and in supresession of the notification of the Government of India in the late Ministry of Commerce, No. 72-MA(l) /50 , dated 9th September, 1950 the Central Government hereby appoints, for the puposes of the respective sections, the officers specified in the second column of the Schedule to act within the Limits specified against them in the corresponding entries in the third column thereof. Schedule ---------- | | | | | --- | --- | --- | | Section of the Act | Officers | Limits | | 7 (1) | The Port Commissioner and | Minor ports in the State of | | 271 (1) | Harbour Engineer, Kutch, Bhuj. | Kutch. | | 72 (1) | | | | 74 | | | | 81 | The Port Officer, Bhavnagar. | The Port of Bhavnagar Talaja, Mahuva Albert Victor, Bherai Jaffarabad and Chanchuda. | | 116 | | | | 119 | | | | 151 (1) | | | | 167 (2) | | | | 170 | | | | 178 | | | | 214 | | | | 246 (3) | The Port Officer, Navlakhi | The Ports of Novlakhi and Zinzuwada. | | | The Port Officer, Porbandar | The Ports of Porbandar Madhavapur. | | | | Navibunder Maiani and Lamba. | ### 2. For Officer specified to issue certificate relating to distress of seamen, see now rule 22 of the Merchant Shipping (Distressed Seamen) Rules, 1960, G.S.R. O. Vol. XXIV. P. 491. (Contd.) ---------- | | | | | --- | --- | --- | | Section of the Act | Officers | Limits | | 246(3) | The Port Officer, Veraval. | The Ports of Veraval, Nava Bunder, Shil Bunder, Sutrapada, Rajpara, Chorvad Mangrol, Dhamleji and Simar. | | | The Customs Supervisor, Trivandrum | Port of Trivandrum | | | The Customs Officer, Kovalam | Port of Kovalam | | | The Customs Officer, Mankudy | Port of Mankudy | | | The Customs Officer, Munambom | Port of Munambom | | | The Port Conservator, Alleppey | Port of Alleppey | | | The Port Conservator, Quilon | Port of Quilon | | | The Port Conservator, Koilthottam | Port of Koilthottam | | | The Port Conservator, Colachel | Port of Colachel | | | The Deputy Conservator, Cochin Port | [Port of Cochin] [For officers to whom notice of Shipping Casualties is to be given, see also notifn. No. 70-MI(30) /29, dated 18-11-1933, supra.] | | | The Deputy Conservator, Kandla | Port of Kandla | [Min. of Transport, No. 72 MA (l) /50.) [Gazette of India, 1953, Part II, Section 3, p. 66]

65ba8d36ab84c7eca86ec079

acts

Union of India - Act ---------------------- Notifications under Motor Vehicles Act and Rules -------------------------------------------------- UNION OF INDIA India Notifications under Motor Vehicles Act and Rules ================================================== Rule NOTIFICATIONS-UNDER-MOTOR-VEHICLES-ACT-AND-RULES of 1996 --------------------------------------------------------------- * Published on 8 November 1996 * Commenced on 8 November 1996 Notifications under Motor Vehicles Act and Rules (Issued by the Central Government) ### 200. Notifications Notifications Under Section 58(3) Certain types of tractor-trailers Registration approved S.O. 777(E) , dated 8-11-1996 .In exercise of the powers conferred by sub-section (3) of section 58 of the Motor Vehicles Act, 1988 ( 59 of 1988 ), the Central Government hereby accords approval to the registration of following Tractor-Trailer, the maximum safe laden weight and dimensions of the same mentioned in the schedule appended hereto: Schedule ---------- | | | | | --- | --- | --- | | 1. | Type of Tractor-Trailer | MAN make tractor combination of 19 Tons capacity | | 2. | Owned by | Rashtriya Pariyojana Nirman Nigam Ltd., New Delhi | | 3. | Descriptionof Tractor-Trailer (1 in number) | | Tractor with loading Crane: | | | | | --- | --- | --- | | (i) | Chassis No. | 528-0555-0555 | | (ii) | EngineNo. | 331/4082 054/2110 | | (iii) | DINHPCC | 240/11330 CM | | (iv) | Year of Manufacture | 1982 | Semi Trailer: | | | | | --- | --- | --- | | (i) | Chassis No. | 026748 | | (ii) | WorksNo. | 465865 | Overall approximate dimensions of theTractor-Trailer Assembly are as follows: | | | | | --- | --- | --- | | (i) | Maximum Length | 16.61 metres . | | (ii) | Maximum Width | 2.550 metres . | | (iii) | Height of Trailer Bed from ground | 1.360metres . | | (iv) | Maximum height of cabin to tractor | 3.330metres . | | (v) | No.of tyres size 12x20 | (8 with Trailer + 6 with Tractor= 14 Nos. only). | | (vi) | permissible g.v.w . | 19000 kg. | | (vii) | permissible Axleload front | 6500 kg. | | (viii) | Permissible Axle load rear | 13000 kg. | ### 2. The above relaxation is subjectto the conditions that (i) Since the vehicle is very old and has notbeen used for the last 7 years or so, its roadworthiness would have to beensured by the State Transport Authorities before its registration. (ii) Themovement of the vehicle shall be effected only on the routes permitted by Public Works Department of the State Government. (iii) The Public Works Department is not responsible for any damage that may be sustainedeither by the said combination or their contents consequent during the transit. (iv) All the necessary warning signals such asred flags in the day time and reflectorised redlights in the night times shall be provided to indicate the extremities of the vehicle clearly. (v) Thesaid vehicle shall be moved without any hindrance to the normal flow oftraffic. (vi) The grant of this permission to the vehicledoes not prevent the Local Offices of Highways and Rural Works Department fromregulating or stopping the movement of these vehicles depending upon theexigencies of the situations and having regard to the condition of the road androad structures. (vii) Thelength, width, height, maximum safe axle load and safe laden weight shall notbe enhanced beyond the limits indicated. (viii) Theoperation of the tractor-trailer shall be done only sparingly, (ix) Couplingof trailers along the width of the road shall not be permitted. (x) Itshould be ensured that no other vehicle is on the road structure, when thisvehicle is moved. Notifications under Section 58(3) Certain types of trailers Registrationapproved S.O. 396(E) , dated 28-5-1999 .In exercise of the powers conferred bysub-section (3) of section 58 of the Motor Vehicles Act, 1988 ( 59 of 1988 ), the Central Government hereby accords approval to the registration of followingtrailers with maximum safe laden weight and dimensions as mentioned in the Schedule appended hereto: Schedule 2 ------------ | | | | | --- | --- | --- | | 1. | Type of Trailers | Independent Trailers | | 2. | Owned by | Kataria Carriers, Kanpur | | 3. | Description of Trailers (2 in Nos.) | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Chasis No. | No. of Axles | No., Description, Size of Tyres | Measurements (Length x Width) | Unladen Weight (in Kgs.) | Maximum per Axle Load (in kgs.) | Weight Gross/Kgs. | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | | TRT/MT-6/016 | 6 | 7.50 x 20,12 Ply 8 in each axle (8 x 6=48 tyres) | 12612mm x 3000mm | 27,000 | 18,000 | 1,08,000 | | TRT/MT-4/012 | 4 | 7.50 x 20,12 ply 8 in each axle (8 x 4=32 tyres) | 9512mm x 3000mm | 17,800 | 18,000 | 72,000 | ### 4. The above relaxation is subjectto the condition that (a) Theoperations of the trailers shall be done only sparingly. (b) Loadrestrictions on various roads stipulated by the Public Works Department/LocalAuthorities will be observed and permission of such authorities will beobtained every time the vehicle is put on the roads. (c) Theloaded vehicles will not be allowed to pass over the bridges on the roads inthis State and applicants will have to make their own arrangements to cross therivers/nallas as directed by the Public WorksDepartment. (d) The vehicles should display all danger flags and lights, preferably the vehicleshould be proceeded and followed by a vehicledisplaying prominently that a heavy load is passing. (e) Couplingof the trailers alongwith the width of the road shallnot be permitted. (f) Thetrailers shall be registered individually and not as a combination. (g) Themaximum speed of the trailers for movement on the road shall not exceed 10km/hour. ### 5. The trailer shall be registeredonly subject to fulfilment of conditions laid downunder rule 47 of the Central Motor Vehicles Rules, 1989 and production of saledocuments (invoice, proof of payment of all taxes). Notifications under Section 58(3) Certain types of trailers Registrationapproved S.O. 966(E) , dated 10-11-1998 .In exercise of the powers conferred bysub-section (3) of section 58 of the Motor Vehicles Act, 1988 ( 59 of 1988 ), the Central Government hereby accords approval to the registration of following Trailers, with maximum safe laden weight and dimensions as mentioned in the Schedule appended hereto: Schedule 3 ------------ | | | | | --- | --- | --- | | 1. | Type of Trailers | Independent Trailers | | 2. | Owned by | Kataria Carriers, Kanpur | | 3. | Description of Trailers (2 in Nos.) | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Chasis No. | No. of Axles | No., Description, Size of Tyres | Measurements (Length x Width) | Unladen Weight (in Kgs.) | Maximum per Axle Load (in kgs.) | Weight Gross/Kgs. | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | | TRT/MT-6/016 | 6 | 7.50x20, 12 Ply 8 in each axle (8x6=48 tyres) | 12612mm x 3000mm | 27,000 | 18,000 | 1,08,000 | | TRT/MT-4/012 | 4 | 7.50 x 20,12 ply 8 in each axle (8x4=32 tyres) | 9512mm x 3000mm | 17,800 | 18,000 | 72,000 | ### 2. The above relaxation is subjectto the condition that (a) Theoperations of the trailers shall be done only sparingly. (b) Loadrestrictions on various roads stipulated by the Public Works Department/LocalAuthorities will be observed and permission of such authorities will beobtained every time the vehicle is put on the roads where restrictions havebeen specified. Each of such movement will be closely monitored by the roadauthorities. (c) Theloaded vehicles will not be allowed to pass over the bridges where any loadrestrictions below the gross weight of the trailers have been prescribed by thelocal authorities and the owners will have to make their own arrangements tocross the rivers/nallas as directed by the Public Works Department. (d) The vehicle should display all danger flags and lights, preferably the vehicleshould be proceeded and followed by a vehicledisplaying prominently that a heavy load is passing. (e) Couplingof the trailers alongwith the width of the road shallnot be permitted. Notifications under Section 60(1) Central Government Defence Vehicles Registering Officers S.O. 424(E) , dated 9-6-1989 .In exercise of the powers conferred bysub-section (1) of section 60 of the Motor Vehicles Act, 1988 ( 59 of 1988 ), the Central Government hereby specifies the following officers as the officers whomay register motor vehicles referred to in the said sub-section, namely: (i) The Officers Commanding of Units of the Armyof and above the rank of Major: (ii) The Officers Commanding of Units of the Navy of and above the rank of LieutenantCommander: (iii) The Officers Commanding of Units of the Air Force of and above the rank of SquadronLeader. ### 2. The Authorities specified abovemay grant certificate of fitness in respect of transport vehicles. ### 3. This notification shall come intoforce on the first day of July, 1989. Notifications under Section 66(3) ( g) Transport vehicles used by manufacturers,etc.Exempt from permit S.O. 414(E) , dated 8-6-1989 .In exercise of the powers conferred byclause (g) of sub-section (3) of section 66 of the Motor Vehicles Act,1988 (59 of 1988), and in supersession of thenotification of the Government of India in the Ministry of Shipping and Transport No. S.O. 1502, dated the 15th May, 1973, the Central Government herebyspecifies that the provisions of sub-section (1) of the said section shall notapply to any transport vehicle used by a person who manufactures or deals inany motor vehicle or builds bodies for attachment to chassis solely for thepurposes of advertisement, demonstration, road test, endurance test, testground or export subject to the conditions that the driver of the transportvehicle shall (a) carry a letter from the manufacturer or dealer indicating the purpose for which the vehicle is being used and the place to which it isproceeding; (b) carry the trade certificate issued under Chapter III of the Central Motor Vehicles Rules, 1989; and (c) not carry any goods ofcommercial nature other than the tools and accessories or any passengers otherthan the driver, one mechanic, one engineer and two attendants and every suchdriver, mechanic, engineer or attendant shall carry identity cards or letter ofidentity issued by the manufacturer or the dealer, but may carry instructionsand test equipments, etc., for test purposes. ### 2. This notification shall come intoforce on the first day of July, 1989. \*Substituted by S.O.944(E) , dated 13-12-1993 (w.e.f . 13-12-1993 ). Notifications under Section 66(3) ( j) Transport vehicles purchased in one Stateproceeding to another without carrying goods Exempt from permit S.O. 419(E) , dated 8-6-1989 .In exercise of the powers conferred byclause (j) of sub-section (3) of section 66 of the Motor Vehicles Act,1988 (59 of 1988), the Central Government hereby specifies that the provisionsof sub-section (1) of the said section shall not apply to any transport vehiclepurchased in one State and proceeding to a place situated in that State or inany other State, without carrying any passenger or goods subject to theconditions that the driver of every such vehicles shall carry (a) the certificate of registration, permanent or temporary; (b) the certificate of fitness; (c) a certificate of insurance or a cover note; and (d) a letter from the seller of such vehicle stating the name andaddress of the person to whom it has been sold and the place to which it isproceeding. ### 2. This notification shall come intoforce to the first day of July, 1989. Notifications under Section 66(3) ( l) Transport vehicles used for certainpurpose Exempt from permit S.O. No. 418(E) , dated 8-6-1989 .In exercise of the powers conferred byclause (l) of sub-section (3) of section 66 of the Motor Vehicles Act,1988 (59 of 1988), and in supersession of thenotification of the Government of India in the Ministry of Shipping and Transport No. S.O. 1500, dated the 15th May, 1973, the Central Governmenthereby specifies that the provisions of sub-section (1) of the said sectionshall not apply to a transport vehicle used for the purpose of (a) sending as a replacement for a disabled transport vehicleunder intimation to the State Transport Authority in whose jurisdiction the vehicle is to be used; (b) sending to another place of business by the owner ontransfer of his business to such place: (c) using a goods carriage vehicle owned by a Central Government Undertaking or a State Government Undertaking as an exhibition van fordemonstrating the goods manufactured by it at different places of the countryfor promotion of its business activities. ### 2. This notification shall come intoforce on the first day of July, 1989. Clause 66(3) ( l) has since been substituted, this notification isno longer relevant to the present clause. This notification may now be treatedas falling under section 66(3)( n)Ed. Notifications under Section 66(3) ( n) Transport vehicles carrying reliefsupplies in natural calamaties Exempt from permit S.O. 417(E) , dated 8-6-1989 .In exercise of the powers conferred byclause (n) of sub-section (3) of section 66 of the Motor Vehicles Act,1988 (59 of 1988), the Central Government hereby specifies that the provisionsof sub-section (1) of the said section shall not apply to a transport vehicleused for carriage of foodgrains and other reliefsupplies for the persons affected by accident, flood, earthquake, naturalcalamities or unforeseen circumstances and carriage of persons and theirluggage. This order shall come into force on thefirst day of July, 1989. Notifications under Section 71(3) ( a) Directions to limit state carriagepermits S.O. 701(E) .In pursuance of clause (a) ofsub-section (3) of section 71 of the Motor Vehicles Act, 1988 ( 59 of 1988 ), the Central Government hereby directs the State Government specified in column (1) of the Table below, to direct the concerned State Transport Authorities and Regional Transport Authorities to limit by notification in the officialgazette, the number of stage carriages operating as city services in the placesspecified in the corresponding entry in column (2) of the said Table. Table | | | | --- | --- | | State | Town | | (1) | (2) | | Kerala | 1.Calicut 2.Cochin | | Jammu and Kashmir | 1.Srinagar | | Uttar Pradesh | 1.Lucknow 2.Kanpur 3.Varanasi 4.Agra 5.Allahabad 6.Meerut | | Madhya Pradesh | 1.Indore 2.Jabalpur 3.Bhopal 4.Gwalior | Notifications under Section 74(3) ( a) Direction to limit contract carriagepermits S.O. 700(E) .In pursuance of clause (a) ofsub-section (3) of section 74 of the Motor Vehicles Act, 1988 ( 59 of 1988 ), the Central Government hereby directs the State Governments specified in column (1) of the Table below to direct the concerned State Transport Authorities and the Regional Transport Authorities to limit, by notification in the officialgazette, the number of contract carriages, other than those covered by permitunder section 88(9) of the Act, generally or of any specified type as may befixed and specified in the notification operating in city routes in placesspecified in the corresponding entry in column (2) of the said Table. Table | | | | --- | --- | | State | Towns | | (1) | (2) | | Andhra Pradesh | 1.Hyderabad 2.Visakhapatnam | | Jammu and Kashmir | 1.Srinagar | | Karnataka | 1.Bangalore 2.Hubli-Dharwar | | Kerala | 1.Trivandrum 2.Calicut 3.Cochin | | Maharashtra | 1.Bombay 2.Pune 3.Nagpur 4.Solapur | | Madhya Pradesh | 1.Indore 2.Jabalpur 3.Bhopal 4.Gwalior | | West Bengal | 1.Calcutta | | Rajasthan | 1.Jaipur 2.Jodhpur | Notifications under Section88(1) ( a), Third Proviso Certificate Vehicles used for Defence purposes when used in another State S.O. 426(E) , dated 9-6-1989 .In exercise of the powers conferred by sub-clause (a) of the third proviso to sub-section (1) of section 88 of the Motor Vehicles Act, 1988 ( 59 of 1988 ), and in supersession of the notification of the Government of India in the Ministry of Shipping and Transport No. S.O. 16(E) , dated the 17th January, 1983, the Central Government hereby specifies, the form of certificate referred to in the said clause,issued by the Regional Transport Authority which granted the permit. Form of Certificate This is to certify that Motor Vehicle No.being used for the purpose of defence for the period with effect from ........................................... to This vehicle is exempted from theprovisions of section 66(1) of the Motor Vehicles Act, 1988. Seal Regional Transport Officer Place Region Date State ......................................... ### 2. This notification shall come intoforce on the first day of July, 1989. Notifications under Section 88(8) Special distinguishing mark to be displayed on public service vehicles covered by special permits S.O. 428(E) , dated 9-6-1989 .In pursuance of sub-section (8) of section 88 of the Motor Vehicles Act, 1988 ( 59 of 1988 ),and in supersession of the notification of the Government of India in the Ministry of Shipping Transport No. S.O. 1008, dated the 9th August, 1971, the Central Government hereby specifies that the form of special distinguishing mark to be assigned to public service vehicles covered by special permits referred to the said sub-section, shall be as indicated below and that the said distinguishing mark shall be displayed prominently on the wind-screen of the said vehicle. Special distinguishing mark Contract Special Permit No. ..................... Issued under Section 88(8) of Motor Vehicles Act, 1988 Issued by Valid upto Note:This should be displayed prominently on the wind- screen of the vehicle Carriage Dimensions Border 6 mm Overall Diameter 100 mm Colour Centre-Light Blue Border-Red ### 2. This notification shall come in to force on the first day of July, 1989. Notifications under Section 88(11) ( ii) Drivers of touristvehicles Qualifications of S.O. 415(E) , dated 8-6-1989 .In exercise of the powers conferred by clause (ii) of sub-section (11) of section 88 of the Motor Vehicles Act,1988 (59 of 1988), and in supersession of thenotification of the Government of India in the Ministry of Shipping and Transport No. S.O. 1771, dated the 11th June, 1973, the Central Governmenthereby specifies for the purposes of said clause, the following qualificationsand conditions, namely: Qualifications .A driver of a tourist vehicle shall possess the following qualifications, namely: (a) a drivers licence with at least two years experience; (b) elementary knowledge of the mechanism and maintenance of the tourist vehicle he drives; (c) knowledge of the topography of the route or area or region in which the tourist vehicle is proposed to be used; (d) working knowledge of English and Hindi or any language of the region where he works. Note :Qualification (d) shall not apply in cases where the driver is accompanied by a conductor who has the said qualification. Conditions .(1) A driver of tourist vehicle shall satisfy the following conditions, namely: (a) in summer months he shall wear a white uniform of the following descriptions, namely: (i) loose trousers; (ii) bush shirt or coat with two pockets and letter T sewn on the left hand pocket of the shirt or coat in red thread. (b) in winter months he shall wear a blue or grey uniforms of the following descriptions, namely: (i) loose trousers; (ii) buttoned up coat with two pockets and the letter T sewn on the left hand pocket in red thread or open coat with two pockets and the letter T sewn in left hand pocket in read thread, white full sleeved shirt and blue tie. ### 2. This notification shall come into force on the first day of July, 1989. Notifications under Sections 109(3) and 110(1)( n) ### 4. -Wheeler petrol-driven vehicles to befitted with a noble-metal based catalytic converter S.O. 454(E) , dated 25-5-1989 .In exercise of the powers conferred by sub-section (3) of section 109 and clause (n) of sub-section (1) ofsection 110 of the Motor Vehicles Act, 1988 ( 59 of 1988 ), and in supersession of the notification of the Government of India in the Ministry of Surface Transport, No. S.O. 138(E) , dated 19-2-1988, the Central Government hereby stipulates that the 4-wheeler petrol driven vehicles, as are registered on the first sale in the following cities on or after the 1st of August, 1998 shall be fitted by the manufacturers thereof with anoble-metal based catalytic converter of at least anoxidative type and with an OEM certification, namely: | | | | --- | --- | | States/UTs | Cities | | Andhra Pradesh | Hyderabad and Visakhapatnam | | Arunachal Pradesh | Itanagar | | Assam | Dispur | | Bihar | Patna , Jamshedpur and Ranchi | | Chandigarh | Chandigarh | | Goa | Panjim | | Gujarat | Gandhinagar , Surat and Baroda | | Haryana | Gurgaon , Hissar and Ambala | | Himachal Pradesh | Shimla | | Jammu and Kashmir | Jammu and Srinagar | | Karnataka | Bangalore | | Kerala | Trivandrum , Cochin and Calicut | | Madhya Pradesh | Bhopal and Indore | | Maharashtra | Pune and Nagpur | | Manipur | Imphal | | Meghalaya | Shillong | | Mizoram | Aizwal | | Nagaland | Kohima | | Orissa | Bhubaneshwar | | Punjab | Amritsar , Ludhiana and Jalandhar | | Rajasthan | Jaipur , Jodhpur and Udaipur | | Sikkam | Gangtok | | Tripura | Agartala | | Uttar Pradesh | Lucknow , Allahabad and Kanpur | | Andaman and Nicobar | PortBlair | | Dadra and Nagar Haveli | Silvassa | | Pondicherry | Pondicherry | Notifications under Section 110(3) Tractors exempted from someconstructional requirements S.O. 680(E) , dated 30-8-1989 .In exercise of the powers conferred bysub-section (3) of section 110 of the Motor Vehicles Act, 1988 ( 59 of 1988 ),the Central Government hereby exempts tractors from the requirements of theprovisions of clauses (c) , (d), (e), (f), (g),(h), (i), (j), (k) and (m)of sub-section (1) of the said section Notifications under Section 185, Explanation Specification of certain drugs deemed torender driver incapable of exercising control over vehicle S.O. 441(E) , dated 12-6-1989 .In pursuanceof the Explanation of section 185 of the Motor Vehicles Act, 1988 (59 of1988), and in supersession of the notification of the Government of India in the Ministry of Shipping and Transport No. S.O. 1929,dated the 17th June, 1978, the Central Government hereby specifies thefollowing drugs which shall be deemed to render a person incapable ofexercising proper control over a motor vehicle, namely: ### 1. Central Nervous SystemDepressant: (a) Cannabis (b) Cocaine ### 2. Hypnotics Sedatives: (a) Allobarbitone (b) Phenobarbital (c) Secebarbital (d) Cyclobarbitone (e) Barbitone (f) Methaquolone (g) ChloralHydrate ### 3. Narcotic Analgesics: (a) Morphine (b) Pethidine ### 4. Psychotropic drugs: (a) LysergicAcid Deithylamide (L.S.D.) ### 5. Stimulants: (a) Amphetamin (b) MethylPhanidate Hydrochloride ### 6. Tranquilizers: (a) Diazepam (b) Chloridiarepoxide (c) Nitrazepam ### 2. This notification shall come intoforce on the first day of July, 1989. UnderSection 203, Explanation Breath analysers toindicate presence of alcohol in blood S.O. 442(E) , dated 12-6-1989 .In exercise of the powers conferred by the Explanation to section 203 of the Motor Vehicles Act, 1988 (59 of1988), and in supersession of the notification of the Government of India in the Ministry of Surface Transport No. S.O. 3796, dated the 23rd November, 1977, the Central Government hereby approves the followingtypes of devices (hereinafter referred to as the breath analyser ),for the purpose of obtaining an indication of the presence of alcohol in apersons blood by means of a test carried out, on one or more specimens ofbreath provided by that person, for the purpose of breath tests, namely: (1) Device I . The breath analyser shall comprise the following, namely: (a) Anindicator tube containing material which would undergo change of colour when in contact with alcohol vapours on breathing of an alcoholic subject into the tube: Provided that the shelf-life of theindicator tube shall not be less than one year, so that the performance of thebreath analyser stored for this period shall in noway be different from that of a freshly made indicator tube; (b) a mouth-piece made of non-toxic plastic material; (c) an inflatable bag of volume of 1 litre ,when fully inflated, made of polythene and attached with the mouth-piece at theopening. (2) Device II .The breath analyser shall comprise the following, namely: (a) Anindicator test type containing material which would undergo change of colour when in contact with alcohol vapours on dealing with an alcoholic subject into the tube; (b) a mouth-piece; (c) a breath back with a colour neckand capacity; or (3) Device III .The breath analyser shall comprise the following, namely: (a) Anindicator tube fused at both ends and containing a yellow reagent which wouldundergo change of colour when in contact with alcoholvapours on breathing of alcoholic subject into thetube: Provided that the shelf-life of theindicator tube shall not be less than three year, so that the performance of the breath analyser stored for this period shall inno way be different from that of a freshly made indicator tube; (b) a mouth-piece; (c) an inflatable bag and attached with a mouth-piece at theopening and further identified by a broad weight bang, or (4) Device IV .The breath analyser shall comprise the following, namely: Any evidential digital instrument when oxidated with the breath containing alcohol an electricsignal which is amplified and displayed as blood alcohol concentration. ### 2. This notification shall come intoforce on the first day of July, 1989. Notifications under Section 213(4) Minimum qualifications for Inspector and Assistant Inspector of Motor Vehicles S.O. 443(E) , dated 12-6-1989 .In exercise of the powers conferred bysub-section 213 of the Motor Vehicles Act, 1988 ( 59 of 1988 ), the Central Government hereby prescribes that the minimum qualification for the class ofofficers consisting of the category of Inspector of Motor Vehicles or Assistant Inspector of Motor Vehicles (by whatever names called) shall be as under: Qualification : (1) Minimumgeneral educational qualification of a pass in X standard; and (2) adiploma in Automobile Engineering (3 years course) or a diploma in Mechanical Engineering awarded by the State Board of Technical Education (3 years course);and (3) workingexperience of at least one year in a reputed automobile workshop whichundertakes repairs of both light motor vehicles, heavy goods vehicles and heavypassenger motor vehicles fitted with petrol and diesel engine; and (4) must hold a driving licence authorising him to drive motor cycle, heavy goods vehiclesand heavy passenger motor vehicles. ### 2. Nothing contained in the notificationshall apply to an officer appointed to such post before the first day of July,1989 and to an officer appointed to discharge function of a non-technicalnature. ### 3. This notification shall come intoforce on the first day of July, 1989. Notifications under Section 110(3) and Central Rule93(4) and (6) Overall dimensions of drilling machinespecifically designed S.O. 361(E) , dated 30-5-1991 .Whereas the Central Government is of the opinion that for the purpose of registration under Chapter IV of the Motor Vehicles Act, 1988 ( 59 of 1988 ), (hereinafter referred to as the said Act),dimensions, in excess of the dimensions relating to height and overhangprescribed in sub-rules (4) and (6) respectively of rule 93 of the Motor Vehicles Rules, 1989 (hereinafter referred to as the said rules), should bepermitted for the drilling machine specially designed and constructed for thepurpose of drilling water, as described in the schedule below (hereinafterreferred to as the said class of vehicle). Now, therefore, in exercise of the powersconferred by clause (a) of sub-section (3) of section 110 of the said Act, the Central Government hereby exempts the said class of vehicles from theprovisions of sub-rules (4) and (6) of rule 93 of the said Rules, subject to the following conditions, namely: (i) overall height of the vehicle shall not exceed 15 feet. (ii) the overhang from projection of the drilling mast protrudingout of the vehicle either on front or rear shall not exceed eleven feet andshould have red light attached at the extreme ends of overhang frontprojection. (iii) speedof the vehicle shall not exceed 20 km per hour or the lower speed limit as maybe prescribed by the concerned State Government in whose jurisdiction the vehicle in moving; (iv) redflags will be put on all the four corners of vehicle both at the front and therear, indicating the full width of vehicle, so as to give reasonable caution to the vehicular traffic coming from behind and front. (v) the vehicle shall move with the Drilling Machine attachedwith a compressor only during the day time. (vi) the operation of the vehicle would be subject to payment oftax, if any, leviable under the provisions of the Motor Vehicles Taxation Act, or any other Act of the concerned State. (vii) Theowner of the vehicle, shall, before moving the vehicle and the drilling machineboring rig, seek prior permission of the concerned Governments of the Statesthrough which the vehicle would move for moving the vehicle and the State Government would accord permission, subject to such conditions imposed by themkeeping in view the local conditions of roads, bridges, culverts and volume ofmovement of vehicular traffic etc. Schedule 4 ------------ Type of vehicle Drilling Machine/BoringRig Mounted on Truck. Notifications under Rule 124 of the Central Motor Vehicles Rules, 1989 Parts, components Standards to befollowed by manufacturers S.O. 873(E) , dated 15-12-1997 .In exercise of the powers conferred byrule 124 of the Central Motor Vehicles Rules, 1989 and in supersession of the notification of the Government of India in the Ministry of Surface Transport (Road Transport Wing) S.O. No. 201(E), dated 26th March, 1993,the Central Government hereby specifies the parts, components or assemblies and the relevant standards mentioned in the Table below, which every manufacturershall use in the manufacture of the vehicle. ### 2. This notification shall come intoforce after three months from the date of publication in the Official Gazette. | | | | --- | --- | | Sl. No. | Particulars | | (1) | (2) | ### 1. [Automobile Lamps used in motorvehicles including construction equipment vehicles] for the followingapplications: (i) Head Lights Main and Dip (ii) ParkingLight (iii) Direction Indicator Lamp (iv) Tail Lamp (v) Reversing Lamp (vi) Stop Lamp (vii) Rear Registration Mark Illuminating Lamp (viii) Top Light, shall be in accordance with clauses 1, 2, 3, 4.1.2, 4.1.4, 4.1. 5,4. 1.6., 4.2, 4.4, 5, 6, 7, and 8 of IS 1606 : 1979 ### 2. Hydraulic Brake Hose whereverused in motor vehicles shall be in accordance with [IS : 7079 : 1995] [Substituted for [IS : 7079 : 1979] by S.O. 1228(E) , dated 18.12.2001 (w.e.f. 1.1.2003).] . ### 3. Hydraulic Brake Fluid whereverused in the motor vehicles shall be in accordance with IS 8654: 1986. ### 4. T signs, where used on Trailersshall be in accordance with IS 9942 : 1981. ### 5. The steering impact requirementshall be as per IS : 11939: 1996. This requirementshall be applicable to vehicles specified in IS : 11939 : 1966. ### 6. All passenger cars shall complywith the requirement of side door impact as load in IS 12009: 1995. ### 7. [ Fuel tanks of motor vehicleshaving more than three wheels shall comply with the requirement laid down in IS : 12056 : 1987 : Provided that plastic fuel tanks of motorvehicles having more than three wheels shall be in accordance withAIS-033/2001.] [Sl.Nos. 5, 7 and 18 substituted by S.O. 1228(E) , dated 18.12.2001 (w.e.f. 1.1.2003).] ### 8. Wheel rims fitted in all motorvehicles shall comply with the requirement of IS 9438 : 1980 or IS 9436 : 1980 as applicable. ### 9. Control Cables fitted on motorcycles of engine capacity less than 50 cc shall comply with the requirement ofclause 4 of IS 10791 : 1983. ### 10. Pneumatic couplings used forconnection of brake system between the towing vehicle and the trailer, whereverused, shall comply with the requirement of IS 10792 : 1984. ### 11. The external projection on allmotor vehicles other than three wheeler of engine capacity less than 500 cc andmotor cycles shall be accordance with IS 3942 : 1994. ### 12. The retention and release of thewindows fitted on buses shall be in accordance with IS 13944: 1994 ### 13. Wheel guards (mud-guards) usedon passenger cars shall be in accordance with IS 13943 : 1994. ### 14. Wheel nuts, wheel discs and hubcaps of passenger cars, light and heavy commercial vehicles shall be inaccordance with IS 13941 : 1994. ### 15. The accelerator control systemfitted on all motor vehicles other than three-wheelers of engine capacity lessthan 500 cc motor cycles and tractors shall be in accordance with IS 14283 : 1995. ### 16. The door locks and the doorretention components fitted on cars and light passenger and commercial vehiclesshall be in accordance with IS 14225 : 1995. ### 17. The hood latch system fitted onpassenger cars and commercial vehicles shall be in accordance with IS 14226 : 1995. ### 18. [ The Tell-Tale symbols andcontrols on two-wheelers and three-wheelers vehicles shall be in accordancewith IS : 14413 : 1996.] [Sl. Nos. 5, 7 and 18 substituted by S.O. 1228(E) , dated 18.12.2001 (w.e.f. 1.1.2003).] ### 19. Tell-Tale Symbols and controlsfor motor vehicles other than 3 wheeled vehicles with handle bar, 2 wheeledvehicles and tractors shall be in accordance with Safety Standard No. 12.1. [devices fornon-transport and transport vehicles] [Sl. No. 20 substituted by S.O. 1228(E) , Cl. (vi), dated 18.12.2001, see foot-noot no. 8, infra.'>[20. Installation requirements forlighting and light signalling <SPAN class=amd2><A TITLE =] having more than three wheels, and theirtrailers and semi-trailers, shall be in accordance with AIS008/2001, except the requirement for vertical orientation of dipped beam headlamp as per clause6.2.6.1 of AIS008/2001: Provided that the performancerequirements of the lighting, light signalling andindicating systems shall be in accordance with Safety Standard 15.1: Provided further that lighting, light signalling and indicating systems of construction equipmentvehicles shall be in accordance with Safety Standard No. 15.1 except therequirement of self-cancellation of turn signal indication: Provided also that such compliance of Safety Standard No. 15.1 shall not be applicable to agricultural tractorsand other special purpose motor vehicles:] [Provided also that in the case of thesteering impact requirement referred to in clause (iii) and therequirement for installation of lighting and light signalling devices for transport vehicles having more than three wheels and their trailersand semi-trailers, referred to in clause (vi) shall come into force on the 1st May, 2003, and for two and three wheelers and their trailers andsemi-trailers, referred to in clause (viii) shall come into force on the1st March, 2003.] [Inserted by S.O. 1306(E) , dated 11.12.2002.] ### 21. [ Electromagnetic radiation fromall motor vehicles shall be in accordance with AIS004/1999.] [SL. No. 21 substituted by S.O. 1228(E) , dated 18.12.2001 (w.e.f. 1.1.2003).] ### 22. Towing devices used on motorvehicles, trailers and transport tractors from 2 tons to 35 tons gross massshall be in accordance with Safety Standard No. 33.1. ### 23. The gradeability of every motor vehicle shall be in accordance with AIS 003/1999. ### [24. Installation requirements forlighting and light signalling devices for two andthree wheelers, and their trailers and semi-trailers shall be in accordancewith AIS009/2001. ### 25. Fuel tanks for two andthree-wheelers shall be in accordance with IS : 14681-1999 except the requirement for permeability test for plastic fuel tanks.] [[Inserted by S.O. 1228(E) , Cl. (viii), dated 18.12.2001.[N.B.- Amendments shall come into force on 1st January, 2003: Provided that in the case of the requirement for vertical orientation of dipped beam headlamp as per clause 6.2.6.1. of AIS - 0\*\*/2001 referred to in clause (vi) and the permeability test for plastic fuel tanks referred to in clause (viii) shall come into force on the 1st January, 2005.]] Notifications under Section 8(3) Registered Medical Practitioners Authorised to issue medical certificates In exercise of the powers conferred undersub-section (3) of section 8 of the Motor Vehicles Act, 1988 ( 59 of 1988 ), the Transport Commissioner, Delhi hereby appoints all Registered Medical Practitioners residing or practicing in the Union Territory of Delhi and havingdegree in Allopathy , Homoeopathy, Ayurvedic or Unani System of Medicine for issue of Medical Certificates under the Motor Vehicles Act, 1988 and rules made thereunder . The Registered Medical Practitioners whoare eligible for issuing Medical Certificates as mentioned above shall puttheir name, detailed address, educational qualifications and the registrationnumber alongwith Medical Council, where registered on the medical certificates issued by them and maintain proper record in thisrespect. The Registered Medical Practitioners whohave been authorised to issue Medical Certificates asmentioned above shall not charge more than Rs . 30for issuing such certificate and this fee is inclusive of the examination ofvision, blood grouping with R.H. Factor (optional) and all other detailsmentioned in Form A appended to the Central Motor Vehicles Rules, 1989. The Registered Medical Practitioners should have vision testing equipment and he must either have Pathological Laboratory or should get the report from the Pathological Laboratory and thesame report should also be attached to the Medical Certificate. This notification shall come into forcefrom the 1st April, 1991 .

65b9c4ffab84c7eca86e9ecb

acts

State of Madhya Pradesh - Act ------------------------------- Madhya Pradesh Micro and Small Enterprises Facilitation Council Rules, 2017 ----------------------------------------------------------------------------- MADHYA PRADESH India Madhya Pradesh Micro and Small Enterprises Facilitation Council Rules, 2017 ============================================================================= Rule MADHYA-PRADESH-MICRO-AND-SMALL-ENTERPRISES-FACILITATION-COUNCIL-RULES-2017 of 2017 ----------------------------------------------------------------------------------------- * Published on 24 November 2017 * Commenced on 24 November 2017 Madhya Pradesh Micro and Small Enterprises Facilitation Council Rules, 2017 Published vide Notification No. F.5-12-2017- v -LXXIII, dated 24.11.2017 Last Updated 6th February, 2020 F.5-12-2017- v -LXXIII. - In exercise of the powers conferred by sub-section (1) and (2) of Section 30 read with sub-section (3) of section 21 of Micro, Small and Medium enterprises Development Act,2006 (27 of 2006), and in supersession of earlier notifications issued in this behalf the Governor of Madhya Pradesh, hereby, makes the following rules for facilitating the working of Madhya Pradesh Micro and Small Enterprises Facilitation Council/s (MPMSEFC), namely: - ### 1. Short title, extent and commencement. - These rules may be called the, Madhya Pradesh Micro and Small Enterprises Facilitation Council Rules, 2017. (2) They shall extend to the whole of State of Madhya Pradesh: (3) They shall come into force from the date of their publication in the Madhya Pradesh Gazette. ### 2. Definations. - In these rules, unleSs the context otherwise requires; - (a) "Act" means the Micro, Small and Medium 'EnterPrises Development Act, 2006 (27 of 2006); (b) "Arbitration and Conciliation Act" means the Arbitration and Conciliation, Act 1996 (26 of 1996); (c) "Chairperson" means the Chairperson of the Micro and Small Enterprises Facilitation Council appointed under clause (1) of subsection (1) of section 21 of the Act; (d) "Collector" means the collector of a District; (e) "Council" means the Micro and Small Enterprises Facilitation Council established by the Government of Madhya Pradesh under Section 20 of the Act; (f) "Government" means the Government of Madhya Pradesh; (g) "Institution" means any institution or centre providing alternate dispute resolution services referred to in sub-Section (2) and (3) of section 18 of the Act; (h) "Member" means a member of the Council; (i) "MSE Unit" means a micro or small enterprise as per the provisions of Act. (j) "Quorum" means the minimum number of members of the council whose presence is necessary in order to enable the council to hold its sittings validly. (k) "Section" means the Section of the Act; (2) The words and expression used but not defined in these rules shall have the same meaning as assigned to them in the Act. ### 3. Setting up of the Council. (1) The State Government shall establish at least one Council. However, if the work so demands, it can also set up more Council exercising such jurisdiction and for such area as may be specified in the Notification. (2) The State Government may also give secretariat assistance to Council so appointed. It may also designate some official of the Secretariat to work as the Secretary to the Council who can be empowered by the Council to issue notices or orders on behalf of the Council. (3) The State Government may provide a legal expert to assist the Council. (4) The State Government may specify any fee and/or processing charges to be paid while filing application (5) The Secretariat for Council may have its own seal. ### 4. Manner of appointment of Chairperson. - The State Government shall appoint Commissioner/Director of Industries of the Micro Small and Medium Enterprises Department of the Government of Madhya Pradesh as Chairperson of the Council Keeping in view the provisions as exist in sub-clause (i) of Clause (1) of Section 21 of the Act. However, another senior officer can also be designated as Commissioner/ Director of Industries for a limited purpose for being the Chairperson of the Council. ### 5. Manner of Appointment of Members of Council. (1) The Council shall consist of not less than three, but not more than five members including the Chairperson. (2) The State Government shall appoint the representatives specified in clauses (ii), (iii) or (iv) of sub-section (1) of section 21 of the Act as member of the Council. (3) A member appointed under clauses (ii),iii) and (iv) of sub-section (1) of Section 21 of the Act shall cease to be a member of the Council if he or she ceases to represent the categories or interest in which he or she was so appointed. (4) When a member of the council dies or resigns or is deemed to have resigned or is removed from the office or becomes incapable of acting as a member, the State Government may appoint another person to fill that vacancy. (5) Any member of the Council may resign from the Council by tendering one month's notice in writing to the State Government. The power to accept the resignation of a member shall vest in the State Government. (6) The Government may remove any member from office - (a) if he is of unsound mind and stands so declared by a competent court; or (b) if he becomes bankrupt or insolvent or suspends payment to his creditors; or (c) if he is convicted of any offence which is punishable under the Indian Penal Code, 1860 (45 of 1860); or (d) if he abstains himself /herself from three consecutive meetings of the Council without the leave of the Chairperson, and in any case from five consecutive meeting; or (e) if he acquires such financial or other interest as is likely, in the opinion of the State Government, to affect pre-judicially his functions as a member. (7) A member, other than the Chairperson and Non-official member, shall hold office during the pleasure of the authority nominating him. Non official member shall hold office for a period of not exceeding two years from the date of his appointment. ### 6. Honorarium to the Members of the Council. - The remuneration, honorarium or fees and any allowances that may be paid to the members shall be at rates as approved/notified by the Government. ### 7. Procedure to be followed in the discharge of functions of the Council. (1) An aggrieved MSE unit can move a reference to the Council having territorial jurisdiction over the matter in the format mentioned in Schedule 1 of these rules. The reference must have the Udyog Aadhar Memorandum (UAM) number, mobile number and email address of aggrieved MSE unit as mentioned in Schedule I. (2) Such reference should be attached with fee or processing charges as notified by the State Government, vide para 3 (iv) above and with an undertaking from aggrieved MSE unit that it has not moved a reference before the Civil Court on the same dispute. (3) Upon receipt of references from the supplier MSE unit, the Secretariat of the Council shall enter the data in the web portal created for this purpose. (4) After entering the data acknowledgement of the receipt of reference shall be issued by the Secretariat to the applicant MSE unit through email. (5) The Council may examine the reference at preliminary stage to check regarding the fee or competency of MSE unit to file the reference. (6) In case if the reference or the particulars entered in it are not found to the satisfaction of Council, it may return the reference. (7) The Council shall either itself conduct conciliation in the matter or seek the assistance of any institute for conducting the conciliation and if it decides to do so, shall refer the parties to the Institute. (8) The Institute to which the issue is referred makes efforts to bring about conciliation and it shall submit its Report to the Council within 15 days from the reference to the Council. (9) Where the conciliation is not successful and stands terminated without any settlement between the parties, the Council shall either itself take up the dispute for further action, i.e., arbitration or refer it to an 'institute' for the same. (10) If the matter is referred to the institute, the institute shall arbitrate the issue as per the provisions of Arbitration and Conciliation Act, 1996 (No. 26 of 1996) and refer the award to the Council. (11) The Council after finalising the award, or receiving the award from the Institute shall consider the case and pass appropriate final orders in the matter. (12) The Council may appoint/or engage the services of one or more experts in terms of section 26 of the Arbitration and Conciliation Act, 1996. (13) The Council or a party to the dispute with the approval of the Council may apply to the court under section 27 of the Arbitration and Conciliation Act,1996 (No. 26 of 1996) for assistance in taking evidence. ### 8. Meetings of the Council and Quorum. (1) The meeting of the Council shall be ordinarily held after giving seven days notice. (2) However, in case of urgency, it can be called at such short notice as the Chairperson may find suitable. (3) All the notices/ communication for the meeting shall be informed to the petitioner through SMS and e-mail. (4) The Council shall held regular meetings at least once in a month. (5) The quorum of meeting shall be two in case if the number of members is three or four, and it shall be three if the number of members is five. ### 9. Decisions of the Council. (1) Any decision of the Council shall be made by a majority of its members present at the meeting of the Council. (2) The Council shall make an arbitral award in accordance with section 31 of the Arbitration and Conciliation Act, 1996 (No. 26 of 1996) and within the period as specified in sub-section (5) of section 18 of the Act. The award shall be stamped in accordance with the relevant law in force. Copies of the award shall be made available within seven days of filing of an application. (3) The Secretariat shall upload the proceedings of every meeting of the Council on the web portal created for the purpose. (4) No application for setting aside any decree, award or other order made either by the Council itself or by any institution or centre providing alternate dispute resolution services to which a reference is made by the Council, shall be entertained by any court unless the appellant (not being a supplier) has deposited with it seventy-five percent of the amount in terms of the decree, award or as the case may be, the other order in the manner directed by such court. ### 10. Recovery of amount due as an arrear of land revenue. - If a buyer does not file any appeal under section 19 of the Act for setting aside any decree, award or other order made either by the Council itself or by any institution or centre or if such appeal is dismissed, in that situation such decree, award or order shall be executed by the Collector of the District concerned and the amount due shall be recovered as an arrear of land revenue. ### 11. Progress Report. (1) The Council shall upload the basic information including the annual progress report of the Council on the web portal created for this purpose. (2) The Council shall provide information to the Member Secretary of the National Board for Micro, Small and Medium Enterprises as defined in the Act in the manner and form required from time to time. ### 12. Removal of difficulties. (1) All the proceedings initiated as per earlier Rules shall continue unabated. (2) If any difficulty arises during the course of implementation of these Rules, the same shall be clarified by the Central Government. ### 13. Repeal and Saving. (1) The Madhya Pradesh Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertaking Rules, 1999 are hereby repealed. (2) Notwithstanding anything done or any action taken in pursuance of any provision of the said Rules shall deemed to have been done or taken under the corresponding provision of these rules. Schedule 1 ------------ Format for Reference on delayed payment to MSEFC......................... To, The Chairperson, Micro and Small Enterprises Facilitation Council, .......................................... Reference : Under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED) I am authorised representative of M/s............................... This firm is a micro/small unit as per provisions of MSMED Act, 2066. This unit has supplied the goods to M/s ...................................... but it has not been paid as per the provisions of Section 15 of the MSMED Act, 2006., I, therefore, aggrieved with this unit, wish to file a reference. The information pertaining to the case is as Under : ### 1. Udyog Aadhaar No. (Note-MSME unit can register Udyog Aadhaar on udyogaadhaar.gov.in(http://udyogaadhaar.gov.in): ### 2. Date of Filing Application (DD/MM/YY): ### 3. Details of Aggrieved MSE Unit (1) Name of Authorised representative : (Authorisation to be attached) (2) Name of the Unit (3) Address(including Pin Code): (4) State : (5) District : (6) Mobile Number (7) Email: (8) Type of Aggrieved MSE Micro Small ### 4. Name of Respondent (Buyer) (1) Address(including Pin Code): (2) State : (3) District : (4) Mobile Number (5) Email (6) Category of Respondent (Buyer), [ CPSU/State PSU/..................] ### 5. Details of information in respect of claim (1) Details of supply orders issued by the purchaser/Respondent with description of material/ Service provided quantity and cost along with photocopies. (2) Details of Invoices/Bills, raised against supply order with particulars of material / service name, quantity and cost along with photocopies,:- (3) Details of delivery challans /work completion certificates/goods receipt. (4) Details of material/ services acceptance, quantities and date with photocopies:- (5) Detailed description of mutually agreed terms and conditions between purchaser and supplier /Agreement / Contract,along with stipulated delivery date. (6) Details of paid and unpaid invoices with dates in the order of supplies. (7) Details of completion of forty five days and appointed day for calculating delayed payment for good supply. (8) Details of correspondence with Respondent for payment of outstanding dues. (9) Authentic details of complaints/ objection of Respondent if any against goods supplied/ service provided or any understanding between parties. (10) If a complaint is received from Respondent on supplied goods and services or on mutual agreement then acceptance of the same after rectification / replacement with date and authentic proof. (11) Acceptance by Respondent after rectification of supplied material and services with mutual consent. ### 6. Principal Amount Payable (Rs.).......................... ### 7. Interest Claimed as on :.................................. Interest claimed for delayed payment.(Calculation of interest in format below):- | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | S. No. | Invoice/ Bill No. and date of Supply order | Total Amount of Invoice /Bills indicated in column (2) | Date of receipt of goods by purchaser | Amount of Payments Received with dates against goods supplied/ service provided | Delay period | Principal Amount remaining unpaid | Detail of those bills with Bill No. and Date on which interest have been claimed. | | Invoice/ Bills Nos. and Date | Amount | | (1) | (2) | (3) | (4) | (5) | | | (6) | (7) | | | | | | | | --- | --- | --- | --- | --- | | Due date /45 days as the case may be from date of purchase order/ agreement or as provided in the Act for payment for calculating, the actual date of appointed 'day | Calculation of interest on delayed/unpaid payment in terms of rules/ agreement from the date of appointed day till the date of filing the case before the council(Total No. of days) | Interest of Bank Rate as Notified by the Reserve bank of India | Calculation of Compound interest with monthly interest at three times of the Bank rate Notified by the Reserve bank of India. (As indicated in column (10) For the period from...........to........... | Remark | | (8) | (9) | (10) | (11) | (12) | ### 8. Index of documents enclosed in support of the claim:- | | | | | | --- | --- | --- | --- | | S. No. | Particulars | Document No. | Page No. | | From | To | | 1 | Application | | | | | 2 | | | | | | 3 | | | | | | 4 | | | | | ### 9. Relief Sought. ### 10. Name of witnesses with Address. ### 11. Any other relevant information and brief description (Case History) ### 12. Additional Information (a) Audited Balance Sheet and Ledger for the relevant financial years:- (b) Details of submission of memorandum before the District Trade and Industries Centre and Acknowledgement thereof by the DTIC with its no. and date, along with photocopy. (c) Declaration to the effect that no case/ suit is pending and has been filed before any Competent Court on the same cause of action/ subject matter of dispute by the Petitioner. (d) Affidavit in support of application. I, hereby declare that the information given above is true to the best of my knowledge. Any information that may be further required, shall be provided immediately before the concerned authority. I further declare that I have not filed/preferred any appeal before , any court on the same dispute. Signature............................ Name.................................. Designation of Applicant Date: Seal of Enterprise (Authorised Signatory on behalf of aggrieved MSE) Instructions ### 1. Application must be supported by an affidavit. ### 2. Only typed Application on green legal paper shall be entertained., ### 3. All Annexure (s) to the application must be self attested. ### 4. List of Documents dully mentioning the page numbers in chronological ,order shall be enclosed along with the application. ### 5. Copy of application must be in proportion to the number of respondents along with one original copy. ### 6. Incomplete application shall not be accepted. ### 7. Soft copy of the application is required to be submitted .

65ba005aab84c7eca86ea6d6

acts

State of Andhra Pradesh - Act ------------------------------- The Andhra Pradesh Gaming Act, 1974 ------------------------------------- ANDHRA PRADESH India The Andhra Pradesh Gaming Act, 1974 ===================================== Act 27 of 1974 ---------------- * Published in Gazette 27 on 23 August 1974 * Assented to on 23 August 1974 * Commenced on 23 August 1974 The Andhra Pradesh Gaming Act, 1974 [Act No. 27 of 1974] [23rd August 1974] An Act to consolidate and amend the law relating to the punishment of gaming and the keeping of common gaming houses in, the State of Andhra Pradesh. Be it enacted by the Legislature of the State of Andhra Pradesh in the Twenty fifth Year of the Republic of India as follows: ### 1. Short title, extent and commencement (1) This Act may be called the Andhra Pradesh Gaming Act, 1974. (2) It extends to the whole of the State of Andhra Pradesh. (3) It shall come into force on such date as the Government may, by notification in the Andhra Pradesh Gazette, appoint. ### 2. Definitions In this Act, unless the context otherwise requires: (1) 'common gaming house', means- (i) in the case of gaming- (a) on a horse-race except in the manner provided in clause (2); or (b) on the market price of cotton, bullion or other commodity or on the digits of the number used for stating such price; or (c) on the ground of variation in the market price of any commodity specified in item (b) or on the digits of the number used for stating the amount of such variation, or (d) on the market price of stock or share or on the digits of the number used for stating such price; or (e) on the number of registration or on the digits of the number of registration of any motor vehicle using a public place; or (f) on any transaction or scheme of wagering or betting in which the receipt or distribution of winnings or prizes, in money or otherwise, is made to depend on chance, any house, room, tent, enclosure, vehicle, vessel or any place whatsoever in which the gaming takes place or in which the horses or other instruments of gaming, are kept or used for such gaming; (ii) in the case of any other form of gaming, any house, room, tent, enclosure, vehicle, vessel or any place whatsoever in which any instruments of gaming are kept or used for the profit or gain of the person owning, occupying, using or keeping such house, room, tent, enclosure, vehicle, vessel or place, whether by way of charge for the use of such house, room, tent, enclosure, vehicle, vessel or place or instruments of gaming or otherwise howsoever; Explanation.-For the purposes of sub-clause (ii) , any premises or place belonging to or occupied by a club, society or other association of persons whether incorporated or not, which is used or kept for purposes of gaming shall be deemed to be a common gaming house notwithstanding that there is no profit or gain for the club, society or other association of persons on account thereof; (2) 'gaming' means playing a game for winning of prizes in money or otherwise and includes playing a game of mutka or satta and lucky board and wagering or betting; except where such wagering or betting takes place upon a horse race- (i) on the day on which the horse-race is to be run: (ii) in an enclosure which the stewards controlling the horserace or race meeting have, with the sanction of the Government set apart for the purpose ; and (iii) - (a) with a licensed book maker; or (b) by means of a totalisator; but does not include a lottery; Explanation.-For the purpose of this clause- (i) wagering or betting shall be deemed to comprise the collection "\* or soliciting of bets, the receipt or distribution of winnings or prizes in money or otherwise in receipt of any wager or bet, or any act which is intended to aid or facilitate wagering or betting or such collection, soliciting, receipt or distribution; (ii) 'totalisator" means a totalisator in an enclosure which the stewards controlling a horse race or race meeting have set apart in accordance with sub-clause (ii) and includes any instrument, machine or contrivance known as the totalisator or any other instrument, machine or contravention of a like nature or any scheme for enabling any number of persons to make bets with one another on the like principles ; (iii) 'race meeting" means a meeting held for the purpose of horse racing at a race course within the State of Andhra Pradesh and includes a meeting held at such race course for the purpose of betting on any horse race at any of other race course outside the State. (3) 'Government' means the State Government; (4) 'Instruments of gaming' includes cards, dice, gaming tables, or cloths, boards or any other article used or intended to be used as a subject or means of gaming, any document used or intended to be used as a register or record or evidence of any gaming, the proceeds of any gaming and any winnings or prizes in money or otherwise, distributed or intended to be distributed in respect of any gaming. ### 3. Penalty for opening, etc., a common gaming house (1) Any person who opens, keeps or uses or permits to be used any common gaming house or conducts or assists in conducting the business of any common gaming house or advances or furnishes money for gaming therein, shall be punishable- (i) for the first offence, with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees; but in the absence of special reasons to be recorded in writing, the punishment awarded under this clause shall be imprisonment for not less than one month and fine of not less than five hundred rupees; (ii) for every subsequent offence, with imprisonment for a term which may extend to one year and with fine which may extend to two thousand rupees but in the absence of special reasons to be recorded in writing the punishment awarded under this clause shall be (a) for a second offence, imprisonment for not less than three months and fine of not less than one thousand rupees; (b) for a third or subsequent offence, imprisonment for not less than six months and fine of not less than one thousand rupees. Explanation.-­For the purpose of this section, the expression -"person" includes the owner, or as the case may be the occupier of the place used as a common gaming house and where such place belongs to or is occupied by a club, society or other association of persons, the person having the care or management of such place. (2) It shall not be necessary, in order to convict any person for opening, keeping or using or permitting the use of common gaming house or of being concerned with the care or management of a common gaming house, to prove that any person found therein was gaming for money, wager, bet or stake. ### 4. Penalty for being found gaming in a common gaming house Whoever is found gaming, or present for the purpose of gaming in a common gaming house shall, on conviction, be punishable with imprisonment for a term which may extend to one month or with fine which may extend to five hundred rupees, or with both. Explanation.-­For the purpose of this section, any person found in any common gaming house during gaming therein shall be presumed to have been present there, for the purpose of gaming. ### 5. Power to grant warrant to enter a common gaming house etc. (1) If any salaried judicial or executive Magistrate, or any police officer not below the rank of an Assistant Commissioner of Police, within the area under jurisdiction of the Commissioner of Police Hyderabad and a Deputy Superintendent of Police elsewhere has reason to believe that any place is used as a common gaming house, he may by his warrant give authority to any police officer not below the rank of a Sub-Inspector,­ (i) to enter with such assistance as may be found necessary, at any time and by force, if necessary any such place; (ii) to arrest all persons found therein; (iii) to search all such persons and all parts of such place; and (iv) to seize- (a) all moneys found with such persons; (b) all investments of gaming; and (c) all moneys, all securities for money and articles of value reasonably suspected to have been used or intended to be used for the purpose of gaming which are found in such place. (2) Any police officer having the power to issue a warrant under sub-section (1) may, instead of doing so himself exercise all or any of the powers exercisable under such warrant. ### 6. Instruments of gaming found in a place entered or searched under Section 5 to be evidence that the place is common gaming house Where any instruments of gaming are found in any place entered or searched under the provisions of Section 5, on or about the person found therein, it shall be presumed that such place is used as a common gaming house and that the persons found therein were present there for the purpose of gaming although no gaming was actually seen by the police officer or any of his assistants. ### 7. Provisions of Sections 4, 5 and 6 not to apply in certain cases Nothing in the Explanation to Section 4, or in clause (ii) of sub-section (1) of Section 5 or in Section 6 shall apply to persons found in a premises or place belonging to or occupied by a club, society or other association of persons, whether incorporated or not, unless such persons are actually found gaming in such premises or place. ### 8. Instruments of gaming etc., found in a common gaming house may be ordered to be destroyed or forfeited on conviction On conviction of any person for opening, keeping or using or permitting the use of a common gaming house, or gaming therein or being present for the purpose of gaming, the convicting magistrate, (i) may order all the instruments of gaming found therein or on or about the person found therein, to be forthwith destroyed or forfeited: and (ii) may order- (a) all or any of the securities for money and other articles seized, not being instruments of gaming, to be sold and the proceeds thereof with all moneys seized to be forfeited; or (b) any part of such proceeds, and other moneys to be paid to any person appearing to be entitled thereto. ### 9. Penalty for gaming or setting birds or animals to fight in a public street or place (1) Whoever is found gaming or reasonably suspected to be gaming in any public street or thoroughfare or in any place to which the public have, or are permitted to have, access shall be punishable with imprisonment for a term which may extend to three months or with fine which may extend to three hundred rupees or with both. (2) Whoever is found setting any birds or animals to fight or is reasonably suspected to be aiding or abetting such fighting of birds or animals in any public street or thoroughfare or in any place to which the public have, or are permitted to have, access, shall be punishable with imprisonment for a term which may extend to one month or with fine which may extend to fifty rupees or with both. ### 10. Power to arrest without warrant for gaming or setting birds or animals to fight in public street or place and to seize moneys, instruments of gaming birds and animals (1) Any police officer may arrest and search without warrant any person referred to in Section 9. (2) Any such police officer may seize all moneys, all instruments of gaming and all things reasonably suspected to be instruments of gaming found in the public street, thoroughfare or place or found with the persons arrested by him and all birds or animals found with persons arrested by him or are reasonably suspected to have been kept for being set to fight in the public street, thoroughfare or place. ### 11. Presumptive proof of gaming When anything is seized under sub-section (2) of Section 10, and if the magistrate is satisfied that the police officer who seized it has reasonable grounds for suspecting that the thing so seized was an instrument of gaming, it shall be presumed that such thing was an instrument of gaming and that the person on or about whom the thing was found was present in the public street, thoroughfare or place for the purpose of gaming. ### 12. Instruments of gaming etc., found in public street or place may be ordered to be destroyed or forfeited on conviction On conviction of any person under Section 9, the convicting magistrate may order that- (i) all the instruments of gaming seized, shall forthwith be destroyed or forfeited; (ii) all birds or animals seized, shall be sold and the proceeds thereof with all the moneys seized shall be forfeited. ### 13. Indemnification of persons concerned who are examined as witnesses Any person who is concerned in gaming contrary to the provisions of this Act, and who is examined as a witness before a magistrate on the trial of any person for a breach of any of the provisions of this Act and who upon such examination, makes true and faithful discovery to the best of his knowledge of all things as to which he is so examined, shall thereupon receive from the said magistrate a certificate in writing to that effect and shall be freed from any prosecution under this Act for any thing previously done in respect of that particular gaming. ### 14. Payments of portion of fine to informants (1) The convicting magistrate may direct any portion, not exceeding one half of any fine which is imposed under Section 4 or Section 9 and of the moneys or the proceeds of articles seized and ordered to be forfeited under Section 8 or Section 12 to be paid to such informants as may have assisted in the detection of the offenders. (2) A direction under sub-section (1) may also be made by any court of appeal, reference or revision. (3) Where a direction is made under sub-section (1) or subsection (2), the magistrate or court concerned shall send the amount to be paid under sub-section (1), or sub-section (2) as the case may be, in the area within the jurisdiction of the Commissioner of Police, Hyderabad to the said Commissioner and elsewhere to the Superintendent of Police, who shall distribute it among such of the informants aforesaid as may be chosen by him in such proportion as he thinks fit. (4) The amount to be paid as aforesaid shall not be sent to the Commissioner of Police or the Superintendent of Police until the expiration of three months from the date of the direction under subsection (1) or if an appeal, reference or revision is made within the period, until the same is disposed of ### 15. Savings of games of skill Nothing in this Act shall apply to games of skill only wherever played. ### 16. Power to make rules (1) The Government may, by notification in the Andhra Pradesh Gazette, make rules for carrying out all or any of the purposes of this Act. (2) Every rule made under this section shall, immediately after it is made, be laid before each House of the State Legislature if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiration of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled, as the case may be; so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ### 17. Repeals and savings The Andhra Pradesh (Andhra Area) Gaming Act, 1930, Act III of 1930 and the Andhra Pradesh (Telangana Area) Gaming Act, 1305 F. Act II of 1305 F are hereby repealed: Provided that such repeal shall not affect the previous operation of the said Acts and subject thereto, anything done or any action taken in the exercise of any powers conferred by or under the Acts so repealed shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act as if this Act were in force on the date on which such thing was done or action was taken.

65b9a71eab84c7eca86e98db

acts

State of Haryana - Act ------------------------ Haryana Municipal Corporation Act, 1994 ----------------------------------------- HARYANA India Haryana Municipal Corporation Act, 1994 ========================================= Act 16 of 1994 ---------------- * Published on 4 October 2018 * Commenced on 4 October 2018 Haryana Municipal Corporation Act, 1994 (Haryana Act No. 16 of 1994 ) Last Updated 18th October, 2019 Statement of Objects and Reasons - Haryana Act 16 of 1994 . - To enable the State Government to frame the Haryana Municipal Corporation Act, 1994 in the line with the Constitution (74th) Amendment Act, 1992, the Haryana Municipal Corporation Ordinance, 1994 (Haryana ordinance No. 4 of 1994) was promulgated on 30th May, 1994. The proposal Bill now seeks to replace the Ordinance with the Bill in the ensuing session of the Haryana Vidhan Sabha. Hence the Bill. Published vide Haryana Government Gazette (Extraordinary) dated 11 September 1994 page No. 2195. Statement of Objects and Reasons - Haryana Act 3 of 1996. - As per notification issued by the State Government under sub-sections (4) and (6) of section 22 of the Faridabad Complex (Regulation and Development) Act, 1971 while imposing tax on the owner of building and land at the rate of ten per cent of the annual rental value of the properties, a rebate of ten per cent of such tax was allowed if the payment was made within a period of ten days from date of delivery of the bill of the demand. But under sub-section (3) of section 128 of the Haryana Municipal Corporation Act, 1994 effective from 31st May, 1994, this rebate at the rate of five per cent has been allowed in the amount of tax or fee it the payment is made within fifteen days from presentation thereof. In order to keep the rate of rebate at par with the rate before the enactment of the Haryana Municipal Corporation Act, 1994, it is proposed to amend sub-section (3) of section 128 of this Act. Hence the bill. Published vide Haryana Government Gazette (Extraordinary) dated 24.2.1996, page No. 444. Statement of Objects and Reasons - Haryana Act 19 of 1996. - Nomination of some persons in certain municipalities having special knowledge or experience in Municipal Administration having been quashed by the Hon'ble Punjab and Haryana High Court, it was decided to omit relevant clause (i) and first proviso of sub-section (3) of section (4) alongwith its proviso of the Haryana Municipal Corporation Act, 1994, Second proviso to sub-section (3) of section (4) of the Haryana Municipal Corporation Act, 1994 debarring M.Ps. and M.L.As. nominated members as of the Corporation to contest or to vote in election or removal of the Mayor, Senior Deputy Mayor and Deputy Mayor was also substituted. Further the provisions relating to taking into account the number of nominated members for the purpose of determining one third of the total members of the Corporation for requisitioning meeting for removal and two third of the total members of the Corporation for passing the resolution for removal of the Mayor/Senior Deputy/Deputy Mayor not being in consonance with spirit of the Act and democratic norms and to enable the elected members only to be elected as Mayor/Senior Deputy Mayor/Deputy Mayor as the case may be and to requisition meeting for removal and to pass the resolution for removal, it was decided to make suitable amendment in sections 36 and 37 of the Act. Accordingly the Haryana Municipal Corporation (Second Amendment) Ordinance 1996 (Haryana Ordinance No. 7 of 1996) was promulgated on 24th September 1996. The proposed Bill now seeks to replace the ordinance with Bill in the ensuing session of the Haryana Vidhan Sabha. Hence the Bill. Published vide Haryana Government Gazette (Extraordinary) dated 15.11.1996, page No. 2362. Statement of Objects and Reasons - Haryana Act 11 of 1997. - There is no bar in the Haryana Municipal Corporation Act, 1994 for an elected member of the Corporation to continue as such even after his/her election as Member of a State Legislative Assembly or Council or House of People or Council of States. In order to create a statutory bar in the interest of making the institution of self-governance more broad based it is proposed to insert section 8A after section 8 of the Haryana Municipal Corporation Act, 1994. Further as per provision in sub-section (5) of section 11 of the Haryana Municipal Corporation Act, 1994, the office of Mayor shall be filled up from amongst the members belonging to general category, Scheduled Castes, Backward Classes and women by rotation and by lots in the manner as may be prescribed. However, it is not clear as to whether a member belonging to reserved categories and elected from the wards which have not been reserved for such categories can also contest for the election of Mayor of the Municipal Corporation reserved for such category by lots and rotation. The existing provision being not very clear and keeping in view the verdict of Hon'ble Supreme Court in Municipal Committee Loharu case (Sarswati Devi versus Shanti Devi) it has been proposed to amend section 11 of the Haryana Municipal Corporation Act, 1994 by adding a proviso to sub-section (5) of section 11 of the Act ibid. Beside the CMM had decided to revise the rates of fee on Advertisements, Dangerous and Offensive Trades. The revised rate of fee of dangerous and offensive trades on some premises had been levied at the rate of varying upto Rs. 1,200 per annum. But, there being a limit of up to Rs. 500 under provisions of the proviso to sub-section (3) of section 311 of the Haryana Municipal Corporation Act, 1994 for such fees. In order to implement the decision of the CMM it has been proposed to omit the proviso to sub-section (3) of section 331 of Haryana Municipal Corporation Act, 1994. Hence the Bill. Published vide Haryana Government Gazette (Extraordinary) dated 4.3.1997, page No. 509. Statement of Objects and Reasons - Haryana Act 2 of 2000. - Considering that octroi has adverse impact on trade and commerce that there is waste of time and fuel at check posts and there is corruption/leakage in its administration/assessment and that in many municipalities it has high collection costs, the State Government decided to abolish octroi in the State of Haryana with effect from 1st November, 1999. Accordingly, the Haryana Municipal Corporation (Second Amendment) Ordinance, 1999 (Haryana Ordinance No. 6 of 1999) was promulgated on 1st November, 1999. The proposed Bill now seeks to replace the Ordinance with the Bill in the ensuing Session of Haryana Vidhan Sabha. Hence the Bill. Published vide Haryana Government Gazette (Extraordinary) dated 13.11.1999, page No. 2533. Statement of Objects and Reasons Haryana Act 9 of 2000. - It has been provided in section 5 of the Haryana Municipal Corporation Act, 1994 that election to constitute a Corporation shall be completed before the expiry of its duration. However, there is no provision in the Act to deal with a situation in case election can not be so completed due to any eventuality/exigency. In order to meet such situation the Haryana Municipal Corporation (Third Amendments) Ordinance, 1999 (Haryana Ordinance No. 9 of 1999) was promulgated on 14th December, 1999. The proposed Bill now seeks to replace the Ordinance with the Bill in the ensuing session of the Haryana Vidhan Sabha. Hence the Bill. Published vide Haryana Government Gazette (Extraordinary) dated 8.3.2000, page No. 475. Statement of objects and Reasons - Haryana Act 15 of 2000. - Keeping in view the weak financial position of the Municipal Corporation/Municipalities in the State due to abolition of octroi w.e.f. 1st November, 1999, the State government had decided to impose taxes after making amendments in various sections of the Haryana Municipal Corporation Act, 1994 to generate alternative sources of income for Municipal Corporation/Municipalities. In this connection the Haryana Municipal Corporation (Second Amendment) Ordinance, 2000 (Haryana Ordinance No. 6 of 2000) was promulgated on 11th April, 2000. Municipal Corporation Faridabad has pointed out that substitution made under Section 87(1) (a) of the Act, - vide notification No. Leg. 14/2000 dated 11th April, 2000 (Ordinance No. 6 of 2000) should have been made under Section 91 of the Act, which specifies the method for determining the annual value. The draft of the Haryana Municipal Corporation (Second Amendment) Bill, 2000 has been revised by the Law DePartment in consultation with the officers of the Local Government Department. In view of the judgment of Hon'ble Supreme Court of India it has been decided to omit the proviso of sub-section (5) of Section 11 of the Haryana Municipal Corporation Act, 1994. In this connection the Haryana Municipal Corporation (Third Amendment) Ordinance, 2000 (Haryana Ordinance No. 9 of 2000) was promulgated on 3rd May, 2000. According to clause (A) sub-section (3) of Section 45 of the Act. The Government can recall the Commissioner if at a special meeting of the Corporation called for the purpose, a resolution for such recall has been passed by a majority of not less than two thirds of the total number of members. Keeping in view that the provision in clause (b) of sub-section (3) of Section 45 is adequate to meet the contingencies of appointments and tenure of the Commissioner, it has been decided to omit clause (a) of sub-section (3) of Section 45. The proposed Bill seeks to replace thee above Ordinances with the Bill, including the amendment in Section 45 of the Haryana Municipal Corporation Act, 1994, in the ensuing session of the Haryana Vidhan Sabha. Hence the Bill. Published vide Haryana Government Gazette (Extraordinary) September 4, 2000, Page No. 1656. Statement of objects and Reasons - Haryana Act 9 of 2001. - At present the powers of the Director, Town and Country Planning have been conferred on the Director, Urban Development for all the Municipal areas of the State under the Haryana Development and Regulation of Urban Areas Act, 1975, but the same powers in case of area under Municipal Corporation, Faridabad has not been conferred to the Commissioner, Municipal Corporation, Faridabad. On the same analogy, the amendment aims to confer similar powers to the Commissioner, Faridabad Municipal Corporation within the limits of Corporation area. Therefore, proposed amendment in Haryana Municipal Corporation Act, 1994 is necessary. The proposed Bill to include/insert Section 351A in the Haryana Municipal Corporation Act, 1994 after Section 351 of the said Act for introduction in the ensuing Session of the Haryana Vidhan Sabha. Hence the Bill. Published vide Haryana Government Gazette (Extraordinary) , June 8, 2001, Page No. 922. Statement of Objects and Reasons - Haryana Act 12 of 2002. - It has been provided in sub-section (2) of Section 3 of the Haryana Municipal Corporation Act, 1994 that no municipality including area, comprising rural area of a Part thereof, if any, shall be so declared to be a Corporation unless the population thereof exceeds five lacs. It has also been provided in clauses (ii) and (iii) of the Haryana Municipal Act, 1973 that (ii) 'Municipal Council' for a smaller urban area with population exceeding fifty thousand but not exceeding five lacs and (iii) 'Municipal Corporation' for a larger urban area with population exceeding five lacs to be governed by a separate Act. It has been decided that larger urban area with population three lacs or more, shall be constituted as Municipal Corporation. In order to achieve this purpose sub-section (2) of Section 3 of the Haryana Municipal Corporation Act, 1994 will have to be amended. Accordingly, it is proposed to amend sub- section (2) of Section 3 of the Haryana Municipal Corporation Act, 1994. Hence the Bill. Published vide Haryana Government Gazetted (Extraordinary) , dated 29 August, 2002, page 1775. Statement of Objects and Reasons - Haryana Act 22 of 2002. - This case relates to the amendment in the Haryana Municipal Corporation Act, 1994. According to Section 8 of the Haryana Municipal Corporation Act, 1994, a person shall be disqualified for being chosen as and for being a member of the Corporation if he suffers from any of the disqualifications mentioned in sub-sections (1) and (2) of Section 8. On 23.4.2002 the State Election Commission, Haryana has pointed out that State Election Commissioner has no jurisdiction in the cases where a returned candidate on the date of his election was not qualified to be chosen as a member. State Election Commission has also reported that under Section 34 of the said Act the Government does not seem to have power to remove a member who after having been elected as such, has become subject to the disqualifications mentioned in sub-sections (1) and (2) of Section 8 of the Act. The State Election Commission has also informed that in the cases of Municipal Councils/Committees under provisions contained in Clause (f) of sub-section (1) of Section 14 of the Haryana Municipal Act, 1973 the Government has powers to remove a member of the committee if he was at the time of his election or nomination become subject to any disqualification which, if it had existed at the time of his election or nomination, would have rendered him ineligible under any law for the time being in force regulating the qualification of the candidates for election or nomination or if it appears that he was at the time of his election or nomination subject to any disqualification. It means in both the cases the Government has powers to remove a member under the Haryana Municipal Act, 1973. In order to achieve the purpose in view, it is proposed to carry out an amendment in Section 34 of the Haryana Municipal Corporation Act, 1994 (since presently no such provision exists) on the lines of the provisions as contained in Section 14(1) (f) of the Haryana Municipal Act, 1973. Hence the Bill. Published vide Haryana Government Gazetted (Extraordinary) , dated 28 October, 2002, page 2071. Statement of Objects and Reasons - Haryana Act 15 of 2003. - In order to make available such staff as may be necessary for the discharge of the functions conferred on the State Election Commission there is a need for provision of consultation with State Government for deciding the dates of elections of Municipal Corporation before its declaration by the State Elections Commission, it has been proposed to amend Section 9 of the Haryana Municipal Corporation Act, 1994. 2. There is a need to make amendment in the Haryana Municipal Corporation Act, 1994 for giving powers to the State Government for issuance of directions. Hence the Bill. Published vide Haryana Government Gazetted (Extraordinary) , dated 3 March, 2003, page 657. Statement of Objects and Reasons - Haryana Act 23 of 2003. - To bring similarly in house tax system and its procedure in Municipal Committee/Councils and Municipal Corporation in Haryana, it is necessary to make certain amendments in some sections of Haryana Municipal Corporation Act, 1994. Also for fixation of seats of Councillors in the Municipal Corporation in consonance with the latest census figures, after every official census, Section 6 of Haryana Municipal Corporation Act, 1994 is required to be substituted. Accordingly the Haryana Municipal Corporation (Second Amendment) Ordinance, 2003 (Haryana Ordinance No. 2) was promulgated on 1st May, 2003. The proposed Bill now seeks to replace the Ordinance with the Bill in the coming Session of Haryana Vidhan Sabha. Hence the Bill. Published vide Haryana Government Gazetted (Extraordinary) , dated 5 September, 2002, page 1922. Statement of Objects and Reasons - Haryana Act 20 of 2004. - Powers of Director, Town and Country Planning were given to the Commissioner, Municipal Corporation, Faridabad under Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963, Section 351 and 351-A of Haryana Municipal Corporation Act, 1994, but this has led to dual control which has caused some administrative problems. The Government has reconsidered the matter afresh and decided to restore the status quo ante. Therefore, it is necessary to make certain amendments in Haryana Municipal Corporation Act, 1994. Hence the Bill. Published vide Haryana Government Gazetted (Extraordinary) , dated 18 June, 2002, page 1132. Statement of Objects and Reasons - Haryana Act 9 of 2005. - In view of the fact that the Elected Members of Municipal Corporation do not have special knowledge about the working, sources of Income and Development works of the Corporation. As such it will be appropriate that three such members who have special knowledge about the Corporation or have experience about Corporation Administration should be nominated as member. Provision will have to be made in Section 4(3) of Haryana Municipal Corporation Act, 1994 for this purpose. In C.W.P. No. 12487 of 2003 Hon'ble High Court has directed on 3.12.2004 to impose heavy fine on the persons responsible for leaving the cattles in the cities. In compliance with the above directions of Hon'ble High Court table to third schedule appended to Haryana Municipal Corporation Act, 1994, which provides penalty for infringement, has to be amended. Committee of the Chief Secretaries has proposed increase in the amount of penalty for such infringement to overcome such offices. Hence the bill. Published vide Haryana Government Gazetted (Extraordinary) , dated 9 June, 2005, page 2645. An Act to provide for the establishment of Municipal Corporations for certain municipal areas in the State of Haryana. Be it enacted by the Legislature of the State of Haryana in the Forty-fifth year of the Republic of India as follows :- Part I – Chapter I -------------------- Preliminary ### 1. Short title, extent and commencement. (1) This Act may be called the Haryana Municipal Corporation Act, 1994. (2) It extends to the whole of the State of Haryana excluding the cantonment areas therein. (3) It shall be deemed to have come into force with effect from 31st May, 1994. ### 2. Definitions. - In this Act, unless the context otherwise requires, - (1) [ "annual value" notwithstanding anything contained in any other law for the time being in force, means, - [Added by Haryana Act No 23 of 2003.] (a) in the case of land, the gross annual rent - (i) to be calculated on the basis of fair rent fixed under the law relating to rent restriction for the time being in force; or (ii) where no fair rent referred to in item (i) is fixed, at which it is expected to be let or it is actually let, whichever is greater : Provided that, in the case of land assessed to land-revenue or any other tax in lieu thereof or of which the land-revenue has been wholly or in Part released, compounded for, redeemed or assigned, the annual value shall, if the State Government so directs, be deemed to be double the aggregate of the following amounts, namely :- (i) the amount of the land-revenue or any other tax in lieu thereof for the time being assessed on the land, whether such assessment is leviable or not; or when the land-revenue has been wholly or in Part compounded for or redeemed, the amount which, but for such composition or redemption, would have been leviable, and (ii) when the improvement of the land due to canal irrigation has been excluded from account in assessing the land-revenue, the amount of owner's rate or water advantage rate, or other rate imposed in respect of such improvement; (b) in the case of any land on which no building has been erected, but on which a building can be erected, and on any land on which a building is in the process of erection, five percent of the estimated market value of the land; (c) in the case of any house or building whether self occupied or tenanted, five per centum on the sum obtained by adding the estimated present cost of erecting the building, less such amount as the Government may deem reasonable to be deducted on account of depreciation, if any, to the estimated market value of the site and any land attached to the house or building : Provided that - (i) in the calculation of the annual value of any premises, no account shall be taken of any machinery thereon; (ii) the basis of assessing the present market value of the land, the cost of erecting the building and depreciation shall be such as may be decided by the Government. Different rates may be determined for different categories of building and land; (iii) if the actual annual rent received by the owner is higher than the annual value as determined, then the actual annual rent shall be deemed to be the annual value for the purpose of this Act; (iv) the annual value of the building so determined shall be subject to a deduction of ten percent for the cost of repairs and other expenses necessary for the proper maintenance of the building. (v) when a building is occupied by the owner under such exceptional circumstances as to render a valuation at five per centum on the cost of erecting the building, less depreciation, excessive, a lower percentage may be taken;] (1A) "budget-grant" means the total sum entered on the expenditure side of a budget estimate under a major head and adopted by the Corporation and includes any sum by which such budget-grant may be increased or reduced by transfer from or to other heads in accordance with the provisions of this Act and the regulations made thereunder; (2) "building" means a shop, house, out-house, stable, latrine, urinal, shed, hut, well or any other structure whether of masonry, bricks, wood, mud, metal or other material and includes a well but does not include any portable shelter; (3) "bye-law" means a bye-law made under this Act, by notification in the Official Gazette; (3A) [ "Collector's rate" means the value of land assessed by the Deputy Commissioner every year by exercising his authority as District Collector or for the purpose of assessing the value of stamp duty at the time of registration of sale deeds of land;] [Added by Haryana Act No 23 of 2003.] (4) "Commissioner" means the Commissioner of the Corporation, appointed by the State Government ; (4A) [ Competent authority means the joint Commissioner of Corporation;] [Inserted by Haryana Act No. 1 of 2007, dated 14.2.2007] (5) "Corporation" means the Municipal Corporation declared and constituted under sections 3 and 4 of this Act; (6) "Corrupt practice" means any of the practices specified in section 22; (7) "Casual Vacancy" means a vacancy occurring otherwise than by efflux of time in the office of a member or in any other elective office; (8) "dangerous disease" means - (a) cholera, plague, chicken-pox, small-pox, tuberculosis, leprosy, enteric fever, cerebrospinal, meningitis and diphtheria; and (b) any other epidemic, endemic or infectious disease which the Commissioner may, by notification in the Official Gazette, declare to be dangerous disease for the purposes of this Act; (9) "dry latrine" means a latrine or privey from where night soil is removed through manual scavenging; (9A) [ "Director" Means the Director, Urban Local Bodies, Department, Haryana and includes any Other Officer for the time being appointed by the Government, by notification in the official Gazette, to exercise and perform all or any of the powers and functions of the Director under this Act and the rules made thereunder;] [Inserted by Haryana Act No. 12 of 2014, dated 1.4.2014] (10) "District Judge" means the District Judge having jurisdiction in the Municipal area; (11) "Divisional Commissioner" means the Commissioner of the Division in which the Corporation is situated and includes any other officer appointed by the Government to perform all or any of the functions of the Divisional Commissioner under this Act; (12) "drain" includes a sewer, a house drain, a drain of any other description, a tunnel, a culvert, a ditch, a channel and any other device for carrying of sewage, offensive matter, polluted water, waste water, rain water or subsoil water; (13) "district" means a district in the State; (14) "entertainment" includes any exhibition, performance, amusement, game or sport to which persons are ordinarily admitted on payment; (15) "factory" means a factory as defined in the Factories Act, 1948; (16) "filth" includes offensive matter and sewage; (17) "Finance Commission" means the Finance Commission constituted by the State Government under Articles 243-I and 243-Y of the Constitution of India; (18) "goods" includes animals; (19) "Government" means the Government of the State of Haryana; (20) "house-gully" or "service passage" means a passage or strip of land constructed, set aPart or utilised for the purpose of serving as or carrying a drain or affording access to a latrine, urinal, cesspool or other receptacle for filth or other polluted matter, by Corporation employees or other persons employed in the cleaning thereof or in the removal of such matter therefrom; (21) "hut" means any building which is constructed principally of wood, bamboo, mud, leaves, grass, cloth or thatch and includes any structure of whatever material made which the Corporation may declare to be a hut for the purposes of this Act; (22) "land" includes benefits that arise out of land, things attached to the earth or permanently fastened to anything attached to the earth and rights created by law over any street; (23) "licensed architect", "licensed draftsman", "licensed engineer", "licensed plumber", "licensed surveyor" and "licensed town planner" means respectively a person licensed under the provisions of this Act as an architect, draftsman, engineer, plumber, surveyor and town planner; (24) "member" means a member of the Corporation [and includes the Mayor] [Added by Haryana Act No. 27 of 2019, dated 18.7.2019.] ; (25) "municipal drain" means a drain vested in the Corporation; (26) "municipal market" means a market vested in or managed by the Corporation; (27) "municipal slaughter house" means a slaughter house vested in or managed by the Corporation; (28) "municipal water works" means water works vested in the Corporation; (29) "Metropolitan area" means an area having a population of ten lakhs or more, comprised in one or more districts and consisting of two or more municipalities or panchayats or other contiguous areas, specified by the Government by notification in the Official Gazette to be the metropolitan area for the purposes of this Act; (30) "Municipal area" means the territorial area of the Corporation declared under section 3 of this Act; (31) "municipality" means an institution of self-government constituted under section 2A of the Haryana Municipal Act, 1973, which may be a Municipal Committee or a Municipal Council or a Municipal Corporation; (32) "nuisance" includes any act, omission, place, animal or thing which causes or is likely to cause injury, danger, annoyance or offence to the sense of sight, smell or hearing or disturbance to rest or sleep, or which is or may be dangerous to life or injurious to health or property; (33) "occupier" includes - (a) any person who for the time being is paying or is liable to pay to the owner the rent or any portion of the rent of the land or building in respect of which such rent is paid or is payable; (b) an owner in occupation of, or otherwise using his land or building; (c) a rent-fee tenant of any land or building; (d) a licensee in occupation of any land or building; and (e) any person who is liable to pay to the owner damages for the use and occupation of any land or building; (34) [-] [[Clause (34) omitted by Haryana Act No. 2 of 2000, it read as (34) 'octroi' means a tax on the entry of goods into the limits of the Corporation for consumption, use or sale therein;]] (35) "offensive matter" includes animal carcasses, kitchen or stable refuse, dung, dirt and putrid or putrefying substances, other than sewage; (36) [ "owner", - [Substituted by Haryana Act No 23 of 2003.] (a) when used with reference to any building and land, includes - (i) the person who receives the rent thereof or who would be entitled to receive the rent thereof if the same were let; (ii) an agent or trustee who receives such rent on account of the owner; (iii) an agent or trustee who receives the rent of or is entrusted with or concerned for, any premises devoted to religious or charitable purposes; (iv) a receiver, or manager, appointed by any court of competent jurisdiction to have the charge of, or to exercise the rights of an owner of the said premises; (v) a mortgagee in possession; and (b) when used with reference to any animal, vehicle or boat, includes the person for the time being in charge of the animal, vehicle or the boat;] (37) "premises" means any land or building or Part of a building and includes- (a) the garden, ground and out-houses, if any, appertaining to a building or Part of a building; and (b) any fittings affixed to a building or Part of a building for the more beneficial enjoyment thereof; (38) "prescribed" means prescribed by rules made under the Act; (39) "private street" means any street, which is not a public street and includes any passage securing access to two or more places belonging to the same or different owners; (40) "private market" means a market which is not a municipal market; (41) "private slaughter house" means a slaughter house which is not a municipal slaughter house; (42) "public place" means any place which is open to the use and enjoyment of the public, whether it is actually used or enjoyed by the public or not; (43) "public securities" means any securities of the Central Government or a State Government or any securities guaranteed by the Central Government or a State Government or any securities under this Act; (44) "public street" means any street which vests in the Corporation or which under the provisions of this Act becomes, or is declared to be a public street; (45) "population" means the population as ascertained at the last preceding census of which the relevant figures have been published; (46) "Railway administration" would have the same meaning as assigned to it in the Indian Railway Act, 1890 (Act 9 of 1890); (47) [-] [Omitted by Haryana Act No 23 of 2003, clause read as (47) 'reteable value' means the value of any land or building fixed in accordance with the provisions of this Act and the bye-laws made thereunder for the purpose of assessment to property taxes;] (48) "regulation" means a regulation made by the Corporation under this Act, by notification in the Official Gazette; (49) "reside" - (a) a person shall be deemed to "reside" in any dwelling house which or some portion of which he sometimes, although not uninterruptedly, uses as a sleeping aPartment; and (b) a person shall not be deemed to cease to "reside" in any such dwelling house merely because he is absent from it or has elsewhere another dwelling house in which he resides, if there is liberty of returning to it at any time, and no abandonment of the intention of returning to it; (50) "rubbish" includes ashes, broken bricks, broken glass, dust, malba, mortar and refuse of any kind which is not filth; (51) "rural areas" means the Part of the Municipal area which immediately before their inclusion within the limits of the Municipal area were situated within the local limits of a Gram Panchayat but shall not include such portion thereof as may, by virtue of a notification under section 413 ceases to be included in the rural areas as herein defined; (51A) [ "Secretary" means the secretary to Government, Haryana, Urban Local Bodies Department;] [Inserted by Haryana Act No. 12 of 2014, dated 1.4.2014.] (52) "sewage" means night-soil and other contents of latrines, urinals, cesspools or drains and polluted water from sinks, bathrooms, stables, cattle sheds and other like places, and includes trade effluents and discharges from manufacturing of all kinds; (52A) [ "Shamlat Deh" includes - [Clause (52A) inserted by Haryana Act No. 18 of 1999.] (1) lands described in the revenue records as Shamlat Deh or Shamlat Tikkas; (2) lands described in the revenue records as Shamlat Tarafs, Pattis, Pannas or Tholas and used according to revenue records for common purposes or for the benefit of the community or Part thereof; (3) lands described as Banjar Qadim and used for common purpose according to revenue records; (4) lands used or reserved for the benefit of the community including streets, lanes, playgrounds, schools, drinking wells or ponds; and (5) lands belonging to the Gram Panchayat of a village the Abadi Deh of which has been included in a municipality and where the Panchayat consists of more than one village, the lands belonging to the Panchayat in respect of that village or villages, the Abadi Deh of which has been included in a municipality, but does not include land which - (i) has been allotted on quasi permanent basis to a displaced person; (ii) has been acquired under the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (Central Act 44 of 1954) or has been treated as evacuee property under the Administration of the Evacuee Property Act, 1950 (Central Act 31 of 1950) or is of composite nature in which evacuee and non- evacuee shares have not yet been separated; (iii) has been Partitioned and brought under cultivation by individual land-holders before the 26th January, 1970; (iv) having been acquired before the 26th January, 1970, by a person by purchase or in exchange for proprietary land from a co-sharer in the Shamlat Deh, is so record in the Jamabandi or is supported by a valid deed; (v) is described in the revenue records as Shamlat Tarafs, Pattis, Pannas or Tholas and is not used according to revenue records for common purpose or for the benefit of the community or a Part thereof; (vi) lies outside the Abadi Deh and is used as Gitwar, Bara, Manure-pit or house or for cottage industry; (vii) was Shamlat Deh, was assessed to land revenue and has been in the individual cultivating possession of co-sharers not being in excess of their respective shares in it on or before the 26th January, 1970; (viii) is used as a place of worship or for purpose sub-survient thereto; and (ix) belongs to the Gram Panchayat of a village the Abadi Deh of which has not been included in a municipality and where the Panchayat consists of more that one village, the lands, belonging to the Panchayat in respect of that village or villages, the Abadi Deh of which has not been included in municipality.] (53) "shed" means a slight or temporary structure for shade or shelter; (54) "slaughter house" means any place ordinarily used for the slaughter of animals for the purpose of selling the flesh thereof for human consumption; (55) "street" means any road, footway, square, Court, alley, gully or passage, accessible, whether permanently or temporarily to the public and whether a thoroughfare or not, and shall include every vacant space, notwithstanding that it may be private property and Partly or wholly obstructed by any gate, post, chain or other barrier, if houses, shops or other buildings abut thereon, and if it is used by any persons as means of access to or from any public place or thoroughfare, whether such person be occupiers of such buildings or not, but shall include any Part of such space which the occupier of any such building has right at all hours to prevent all other persons from using as aforesaid and shall include also the drains or gutters therein, or on either side and the land, whether covered or not by any pavement, verandah or other erection, up to the boundary of any abutting property not accessible to the public; (56) "State Election Commission" means the State Election Commission constituted by the State Government under Articles 243K and 243ZA of the Constitution of India; (57) "trade effluent" means any liquid either with or without Particles of matter in suspension therein, which is wholly or in Part produced in the course of any trade or industry carried on at trade premises, and in relation to any trade premises means any such liquid as aforesaid which is so produced in the course of any grade or industry carried on at those premises, but does not include domestic sewage; (58) "trade premises" means any premises used or intended to be used for carrying on any trade or industry; (59) "trade refuse" means the refuse of any trade or industry; (60) "vehicle" includes a carriage, cart, van, dray, truck, hand- craft, bicycle, tricycle, cycle-rickshaw, auto-rickshaw, motor vehicle and every wheeled conveyance which is used or is capable of being used in a street; (61) "ward" means a municipal ward of the Corporation made under sub-section (2) of section 4 for the purpose of election of a member; (62) "water course" includes any river, stream or channel whether natural or artificial; (63) "water works" includes all lakes, tanks, streams, cisterns, springs, pumps, wells, reservoirs, aqueducts, water trucks, sluices, main pipes, culverts, hydrants, stand-pipes and conduits and all lands, buildings, machinery, bridges and things used for, or intended for the purpose of supplying water; (64) "workshop" means any premises (including the precincts thereof) other than a factory, wherein any industrial process is carried on; (65) "water-seal latrine" means a latrine with a minimum water-seal of 20mm in which excreta is pushed in or flushed by water and is not required to be removed by human agency; (66) "wards-committee" means a ward committee constituted under section 10 of this Act; and (67) "year" means a year commencing on the 1st day of April. ### 3. Declaration of Municipal area as Corporation. (1) From the 31st day of May, 1994, the Municipal Corporation of Faridabad shall be deemed to have been declared as such for the Municipal Area specified in the First Schedule appended to this Act. (2) The Government may, from time to time, by notification in the Official Gazette, declare any municipality including area comprising rural area or a Part thereof, if any, to be a Corporation known as "the Municipal Corporation of \_\_\_\_\_\_\_\_\_\_\_\_ (Name of Corporation)" : Provided that no municipality [or municipalities] [Inserted by Haryana Act No. 20 of 2010 w.e.f 31.5.1994.] including area, comprising rural area or a Part thereof, if any, shall be so declared to be a Corporation unless the [existing] [Inserted by Haryana Act No. 6 of 2019, dated 23.1.2019.] population thereof [is three lacs or more] [Substituted for 'exceeds five lacs' by Haryana Act No. 12 of 2002.] . [Explanation. [Inserted by Haryana Act No. 6 of 2019, dated 23.1.2019.] - "existing population" means the population projected for the year in which the constitution of the Corporation is being considered as per the following formula, namely: - EP = P X (1+AGR/100)n ; where - (i) EP- refers to existing population; (ii) P - refers to the population defined in clause (45) of section 2; (iii) AGR - refers to the annual growth rate in percent obtained from the last decennial census; (iv) n - refers to the number of years from the last decennial census year to the year in which the constitution of the Corporation is being considered.] (3) The Government may, from time to time, after consultation with the Corporation, by notification in the Official Gazette, alter the limits of the Municipal area of the Corporation declared under sub-sections (1) and (2) so as to include therein or exclude therefrom such areas as may be specified in the notification. (4) When the limits of the Municipal areas are altered, so as to include therein any area, except as the Government may otherwise by notification, direct, all rules, regulations, notifications, bye-laws, orders, directions and powers issued or conferred and all taxes imposed under this Act; and in force in the Municipal area shall apply to such area. (5) When a local area is excluded from the Corporation under sub-section (3) - (a) this Act, and all notifications, rules, bye-laws, orders, directions and powers issued, made or conferred under this Act, shall cease to apply thereto; and (b) the Government shall after consulting the Corporation, frame a scheme determining what portion of the balance of the Corporation fund and other property vesting in the Municipal Corporation shall vest in the Government and in what manner the liabilities of the Corporation shall be apportioned between the Corporation and the Government, and, on the scheme, being notified, the property and liabilities shall vest and be apportioned accordingly. ### 3A. [ Power to abolish Corporation. [Inserted by Haryana Act No. 6 of 2019, dated 23.1.2019.] (1) The Government may, by notification in the Official Gazette, abolish any Corporation declared under section 3. (2) When a notification is issued under sub-section (1) in respect of any Corporation, this Act and all notifications, rules, bye-laws, orders, directions and powers issued, made or conferred under this Act, shall cease to apply to the said Corporation. The balance of the municipal fund and all other property at the time of the issue of the notification vested in the Corporation shall vest in the Government and the liabilities of the Corporation shall be transferred to the Government. (3) Where any Corporation is abolished under sub-section (1) and subsequently the area comprising the Corporation so abolished is declared to be a Municipal Council or Municipal Committee, the assets and liabilities referred to in sub-section (2) shall vest in the Municipal Council or Municipal Committee from the date of its notification.] Chapter II Constitution of Corporation ------------------------------------------- ### 4. Incorporation and constitution of Corporation. (1) The Corporation shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and may by the said name sue and be sued. (2) [ Save as provided in sub-section (3), all seats in the Corporation including a Mayor shall be filled by persons chosen by direct election from the territorial constituencies in the Municipal area and for this purpose the Municipal area shall by a notification issued in this behalf be divided into territorial constituencies to be known as wards.] [Substituted by Haryana Act No. 28 of 2018, dated 4.10.2018.] (3) In addition to the persons chosen by direct election from the territorial constituencies, the Government may, by notification, nominate the following categories of persons as members of the Municipal Corporation :- (i) [ not more than three persons having special knowledge or experience in municipal administration;] [Clause ommitted by Haryana Act No. 19 of 1996. Added again by Haryana Act No. 9 of 2005.] (ii) members of the House of the People and the members of the Legislative Assembly representing constituencies which comprise wholly or Partly the Municipal Area; (iii) members of the Council of States registered as electors within the Municipal Area : [Provided that the persons referred to in clause (i) above shall not have the right to vote in the meetings of the Corporation;] [Proviso added by Haryana Act No. 9 of 2005.] [Provided further that the persons referred to in clauses (ii) and (iii) above shall neither have right to contest for the election of [ **\*] [Substituted vide Haryana Act No. 19 of 1996.] Senior Deputy Mayor or Deputy Mayor nor right to vote in the meetings for the election of [** \*] [Omitted 'Mayor,' by Haryana Act No. 28 of 2018, dated 4.10.2018.] Senior Deputy Mayor and Deputy Mayor and in meetings for consideration of resolution for removal of Mayor, Senior Deputy Mayor and Deputy Mayor of the Corporation, as the case may be.] (4) As soon as as may be after the commencement of this Act a Corporation comprising of the members as provided under sub-sections (2) and (3) of the section shall be constituted : [Provided that the first election to the Corporation constituted after the commencement of this Act may be held within a period of [ [[five years] [Substituted by Haryana Act No. 34 of 2008.] ] ] of its being notified as a Corporation.] (5) Notwithstanding anything contained in sub-section (4), after the commencement of this Act, all powers and duties conferred and imposed upon the Corporation by or under this Act, or any other law, shall be exercised and performed by the Commissioner till a Corporation is constituted under the aforesaid sub-section. ### 5. Duration of Corporation. (1) The Corporation, unless sooner dissolved under the provisions of section 400 of this Act, shall continue for five years from the date appointed for its first meeting : Provided that the Corporation shall be given a reasonable opportunity of being heard before its dissolution. (2) An election to constitute the Corporation shall be completed :- (a) before the expiry of its duration specified in sub-section (1); (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the remainder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election under this section for constituting the Corporation for such period. (3) A Corporation constituted upon its dissolution before the expiration of its duration shall continue only for the remainder of the period for which the dissolved Corporation would have continued under sub-section (1) had it not been so dissolved. (4) [ If a Corporation is not reconstituted before the expiration of its duration laid down in sub-section (1), it shall be deemed to have been dissolved on the expiry of the said duration and, thereupon, provisions of sub-section (2) of section 400 shall be applicable.] [Sub section (5) added by Haryana Act No. 9 of 2000.] ### 6. [ Fixation of seats of Corporation. [Substituted by Haryana Act No 23 of 2003.] (1) After every official census, the total number of seats shall be fixed by the Government on the basis of latest census figures. In case certain area is included, or excluded from the limits of a Corporation, the population shall be ascertained on the spot in respect of such area and shall be added to, or excluded from the latest census figures of that Corporation for the purpose of refixation of seats. (2) [ For the purpose of election of members, the Municipal area shall be divided into wards in such manner, as may be prescribed.] (3) Wards shall, as far as practicable, be geographically compact areas, and having regard to physical features, existing boundaries of administrative units, if any, facilities of communication and public convenience. (4) The population of each ward, as far as practicable, should be the same throughout the Corporation with a variation upto 10 percent above or below the average population peer award. (5) Wards reserved for the members of Scheduled Castes and Backward Classes shall, as far as practicable, be located in those areas where the proportion of their population to the total population of the Corporation is the largest. Explanation. - Here "population" means the population as ascertained locally by the staff, deputed by the Commissioner, after going from door to door in the Corporation.] ### 6A. [ Bar to interference by Courts. [Inserted vide Haryana Act No. 4 of 1995.] - Notwithstanding anything contained in this Act, the validity of any law relating to the delimitation of constituencies and the allotment of seats to such constituencies, made or purporting to be made under this Act or the rules framed thereunder, shall not be called in question in any court.] ### 6B. [ Time limit for delimitation and reservation of wards. [Inserted by Haryana Act No. 18 of 2018, dated 19.4.2018] - The work relating to the delimitation and reservation of wards of the Corporation shall be completed six months before the completion of the tenure of the Corporation, failing which the State Election Commission shall go ahead with the process of preparation of electoral rolls and conduct of elections on the basis of existing delimitation and reservation of wards.] ### 7. [ Qualifications for Mayor and members. [Substituted by Haryana Act No. 28 of 2018, dated 4.10.2018.] - A person shall not be qualified to be chosen as a Mayor or member unless,- (a) he has attained twenty-one years of age; and (b) his name is registered as an elector in the electoral roll of a ward in the Municipal area.] ### 8. [Disqualifications of Mayor and members] [Substituted 'Disqualifications of members' by Haryana Act No. 28 of 2018, dated 4.10.2018.] . (1) A person shall be disqualified for being chosen as, and [for being a Mayor or member] [Substituted 'for being a member' by Haryana Act No. 28 of 2018, dated 4.10.2018.] of the Corporation - (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the state; (b) if he is so disqualified by or under any law made by the Legislature of the State. (2) A person shall also be disqualified for being chosen as, and [for being a Mayor or member] [Substituted 'for being a member' by Haryana Act No. 28 of 2018, dated 4.10.2018.] - (a) if he is of unsound mind and stands so declared by a competent court; (b) if he is an undischarged insolvent; (c) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State; (d) if he has, in proceedings for questioning the validity or regularity of an election, been found to have been guilty of - (i) any corrupt practice under section 22 of this Act, (ii) any offence punishable under section 171-E or 171-F of the Indian Penal Code, 1860, or any offence punishable under section 30 or clause (a) of sub-section (2) of section 31 of this Act; unless a period of five years has elapsed since the date of the finding; (e) if he has been sentenced or convicted by a criminal court to imprisonment for an offence involving moral turpitude; (f) if he holds any office of profit under the Corporation; (g) if he is a licensed architect, draftsman, engineer, plumber, surveyor or town planner or is a Partner of a firm of which any such licensed person is also a Partner; (h) if he holds any office of profit under the Government; (i) if he is interested in any subsisting contract made with, or any, work being done for the Corporation except as a share holder (other than a director) in an incorporated company or as a member of a co-operative society; (j) if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a Partner or with which he is engaged in a professional capacity, in connection with any cause or proceedings in which the Corporation or any of municipal authorities is interested or concerned; (k) if he, having held any office under the Government, the Corporation or any other local authority, any Government company or any corporate body owned or controlled by the Government has been dismissed from service; (l) if he fails to pay any arrears of any kind due to him, otherwise, than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him; [\* \* \*] [Old clause (m) and proviso thereunder shall be omitted by Haryana Act No. 13 of 2007 with effect from the 1st January, 2005, except in situations where the re-elections after removal have been held. Omittted text is as under - [(m) if, he has more than two living children : Provided that a person having more than two children on or upto the expiry of one year of the commencement of this Act, shall not be deemed to be disqualified.]] (m) [ if he furnishes a false caste certificate at the time of filing nomination and he shall be so disqualified for a period of six years from contesting the election of the Corporation; [Clause (m) and (n) added by Haryana Act No. 13 of 2007.] (n) if he is convicted or has been convicted of an offence punishable under Sections 29, 30 and 31 of the principal Act, the Prevention of Corruption Act, 1988 (49 of 1988) or the Prevention of Terrorism Act, 2002 (15 of 2002).] (3) Notwithstanding anything contained in sub-sections (1) and (2) above - (a) a disqualification under clause (e) of sub-section (2) shall not take effect until three months have elapsed since the date of such disqualification or if within these three months an appeal or petition for revision is brought in respect of the conviction or sentence until that appeal or petition is disposed of; (b) a person shall not be deemed to have incurred any disqualification under clause (f), or clause (g) of sub-section (2) by reason only of his receiving- (i) any pension; or (ii) any allowance or facility for serving as a Mayor or Deputy Mayor or as a member; or (iii) any fee for attendance at a meeting of any committee of the Corporation; (c) a person shall not be deemed to have any interest in a contract or work such as is referred to in clause (i) of sub-section (2) by reason only of his having a share or interest in - (i) any lease, sale, exchange or purchase of immovable property or any agreement for the same; or (ii) any agreement for the loan of money or any security for the payment of money only; or (iii) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted; or (iv) the sale to the Corporation or to any other municipal authority or any officer or other employee of the Corporation on behalf of the Corporation of any article in which he regularly trades or purchases from the Corporation or from any such authority, officer or other employee on behalf of the Corporation of any article of a value in either case not exceeding five thousand rupees in the aggregate in any year during the period of the contract or work; or (v) the letting out on hire to the Corporation or the hiring from the Corporation of any article of a value not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work; (v) any agreement or contract with the Corporation or any other municipal authority for taking water or any other thing which the Corporation may generally supply. (4) [ If a person sits or votes as a Mayor or member of the Corporation where he is not qualified or that he is disqualified for the post of Mayor or membership, he shall be liable in respect of each day on which he so sits or votes to penalty of five hundred rupees to be recovered as an arrear of tax under this Act.] [Substituted by Haryana Act No. 28 of 2018, dated 4.10.2018.] (5) If any question arises [as to whether a Mayor or member] [Substituted 'as to whether a member' by Haryana Act No. 28 of 2018, dated 4.10.2018.] of the Corporation has become subject to any of the disqualifications mentioned in sub-sections (1) and (2), the question shall be referred for decision of such authority and in such manner as the Government may by notification provide. ### 8A. [ Restriction on simultaneous or double membership. [Substituted by Haryana Act No. 28 of 2018, dated 4.10.2018.] (1) No person shall be a Mayor or member of the Corporation, member of Legislative Assembly of the State or member of Parliament simultaneously. (2) In case a Mayor or member of the Corporation is elected to the Legislative Assembly or Parliament, he shall cease to continue as a Mayor or member of the Corporation from the date he is declared as elected to the Legislative Assembly or Parliament, as the case may be.] ### 8B. [ Disqualification for failure to keep account of election expenses and maximum thereof. [Sections 8B, 8C and 8D added by Haryana Act No. 13 of 2007.] (1) Every candidate at an election shall, either himself or by his election agent, keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election agent from the date of filing of nomination papers to the date of declaration of the result thereof, both dates inclusive. (2) The account shall contain such Particulars, as may be notified by the State Election Commission in this behalf. (3) The total of the said expenditure shall not exceed such amount as may be notified by the State Election Commission from time to time. ### 8C. Making false declaration. - If any makes in connection with - (a) the preparation, revision or correction of an electoral roll; or (b) the inclusion or exclusion of any entry in or from an electoral roll, a statement or declaration in writing, which is false and which he either knows on believes to be false or does not believe to be true, he shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to one thousand rupees, or with both. ### 8D. Application of certain sections of Central Act 43 of 1951 to Haryana Act 16 of 1994 . - The provisions of Sections [\*\*\*] [Omitted '10A' by Harayana Act No. 14 of 2017, dated 17.4.2017.] , 20B, 28A, 33A, 33B, 125A, 134A, 134B, 135B and 135C of the Representation of the People Act, 1951 (Central Act 43 of 1951), shall mutatis mutandis apply to the provisions of this Act.] ### 8E. [ Disqualification for failure to lodge account of election expenses. [Inserted by Harayana Act No. 14 of 2017, dated 17.4.2017.] - If the State Election Commission is satisfied that a person has failed to lodge an account of election expenses within the time and manner, as prescribed by the State Election Commission and has no reason or justification thereof, the State Election Commission shall, by order published in the Official Gazette, declare him to be disqualified for contesting an election for a period of five years from the date of the order under this Act. ### 8F. Removal or reduction of period of disqualification. - The State Election Commission may, for reasons to be recorded in writing, remove or reduce the period of disqualification under Section 8E. ### 8G. Lodging of account with the Deputy Commissioner. - Every contesting candidate or his election agent shall, lodge account of election expenditure within thirty days from the date of declaration of election result with the Deputy Commissioner or an officer authorized by the State Election Commission. [The deputy Commissioner or such officer shall, send a list of those candidates who contested but fail to lodge the account of election expenditure or made expenditure beyond the limit prescribed by the State Election Commission immediately after the completion of a period of thirty days from the declaration of election result. The State Election Commission shall accordingly pass an order of their disqualification under section 8E.] [Added by Harayana Act No. 21 of 2018, dated 19.4.2018.] ] ### 9. Election to the Corporation. (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Corporation, shall be vested in the State Election Commission consisting of a State Election Commissioner to be appointed by the Governor. (1A) [ The functions of the State Election Commission under the Constitution, this Act or the rules made thereunder may, subject to such general or special directions, if any, issued by the State Election Commissioner in this behalf, be performed by an officer authorized by the State Election Commissioner.] [ by Harayana Act No. 14 of 2017, dated 17.4.2017.] (2) [ The State Election Commission shall consult the Government before announcing the date of election so that the Government as well as the Corporation may, if so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions conferred on the State Election Commission under articles 243K and 243ZA of the Constitution of India and this Act.] [Substituted by Haryana Act No 15 of 2003.] (3) In case of reconstitution of the Corporation on account of the expiry of its duration of five years, such date shall not be earlier than 120 days before the expiry of duration; [(4) In case of reconstitution of the Corporation on account of dissolution of the Corporation, where the remainder of the period for which the dissolved Corporation would have continued is six months or more than six months, such date shall not be later than two months after the date of dissolution of the Corporation; (5) In case of filling up of casual vacancy, as specified in Section 13, where the remainder of the period for which the casual vacancy to be filled up is six months or more than six months, such date shall not be later than two months after the date of the occurrence of such vacancy. (6) Such election shall be conducted in the manner as may be prescribed.] [Sub-sections 3 to 6 added by Haryana Act No. 27 of 2004.] ### 10. Constitution and composition of Wards Committees etc. (1) The Government shall constitute Wards Committees consisting of one or more wards within the territorial area of the Corporation in the manner as may be prescribed. (2) A member of the Corporation representing a Ward within the territorial area of the Wards Committee shall be a member of that Wards Committee. (3) Where a Wards Committee consists of - (a) one ward, the member representing that ward in the Corporation; or (b) two or more wards, one of the members representing such wards in the Corporation elected by the members of the Wards Committee, shall be the Chairperson of that Wards Committee. (4) The Wards Committee constituted under this section shall be entrusted with such powers and functions as may be prescribed. ### 11. Reservation of seats. (1) Seats shall be reserved for the Scheduled Castes in the Corporation and the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election in the Corporation, as the population of the Scheduled Castes in the Municipal area bears, to the total population of that area and such seats may be allotted by rotation to such wards having maximum population of persons belonging to Scheduled Castes. (2) Not less than one-third of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes and such seats may be allotted by rotation and by lots amongst the wards reserved under sub-section (1). (3) Not less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes) of the total number of seats to be filled by direct election in the Corporation, shall be reserved for women and such seat may be allotted by rotation and by lots to different wards in the Corporation except those falling under sub-sections (1), (2) and (4). (4) Two seats in the Corporation shall be reserved for the persons belonging to Backward Classes which shall be allotted in such wards as having maximum population of persons belonging to Backward Classes. (5) [ The [offices of Mayor] [Substituted by Haryana Act No. 3 of 1995.] shall be filled up from amongst the members belonging to the general category, Scheduled Castes, Backward Classes and women by rotation and by lots in the manner as may be prescribed.] [-] [Proviso added vide Haryana Act No. 11 of 1997 later omitted by Haryana Act No. 15 of 2000.] (6) The reservation of seats under sub-sections (1) and (2) and the filling up the offices of Mayor, [-] [Words 'Senior Deputy Mayor and Deputy Mayor' omitted by Haryana Act No. 19 of 1999.] from the Scheduled Castes under sub- section (5) , shall cease to have effect on the expiration of the period specified in Article 334 of the Constitution. (7) The reservation of seats under sub-sections (1), (2), (4) and (5) shall be reviewed after every decennial census. (8) The reservations as enumerated in this section shall be given effect to, through notification issued at the time of each election. ### 12. Right to vote. - Every person whose name is, for the time being entered in the electoral roll for a ward, shall be entitled to vote at an election of a number from that ward. ### 13. Filling of casual vacancies. (1) Whenever a vacancy occurring by death, resignation or removal, or by vacation of a seat for any other reason, the vacancy shall be filled within six months of the occurrence of such vacancy : Provided that no election shall be held to fill a casual vacancy occurring within six months prior to the holding of a general election. (2) Every person elected or nominated to fill a casual vacancy shall be elected or nominated to serve for the remainder of his predecessor's term of office. (3) If the vacancy be a vacancy reserved for any category, the vacancy will be filled from the same category. ### 14. Publication of results of elections. - [(1) After the declaration of general election results, [the name of Mayor and members] [Sub section (1) substituted by Haryana Act No. 27 of 2004.] shall be published in the Official Gazette by the State Election Commission not earlier than one week before the expiry of the duration of the existing Corporation : Provided that notification regarding bye-election results shall be published in the Official Gazette by the State Election Commission forthwith.] (2) The names of persons nominated as members shall be published by the Government as specified under sub-section (3) of section 4 of this Act. ### 15. Election petitions. (1) [No election of a Mayor or member] [Substituted 'No election of a member' by Haryana Act No. 28 of 2018, dated 4.10.2018.] shall be called in question except by an election petition presented to the authority as may be prescribed within thirty days from the date of the publication of the result of the election under section 14. (2) An election petition calling in question any such election, may be presented on one or more of the grounds specified in sections 18, 19, 20, 21 and 22 by any candidate at such election or by any elector of the ward concerned. (3) A petitioner shall join as respondent to his petition all the candidates at the election. (4) An election petition - (a) shall, contain a concise statement of the material facts on which the petitioner relies; (b) shall, with sufficient Particulars, set forth the ground or grounds on which the election is called in question; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908, for the verification of pleadings. ### 16. Relief that may be claimed by the petitioner. (1) A petitioner may claim - (a) a declaration that the election of all or any of the returned candidates is void; and (b) in addition thereto, a further declaration that he himself or any other candidate has been duly elected. (2) The expression 'returned candidate' means a candidate whose name has been published in the Official Gazette under section 14. ### 17. Grounds for declaring election to be void. (1) Subject to the provisions of sub-section (2), if the authority as may be prescribed, is of the opinion - (a) that on the date of his election a returned candidate was not qualified or was disqualified, [to be chosen as a Mayor or member] [Substituted 'to be chosen as a member' by Haryana Act No. 28 of 2018, dated 4.10.2018.] ; or (b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent; or (c) that any nomination paper has been improperly rejected; or (d) that the result of the election in so far as it concerns a returned candidate has been materially affected - (i) by the improper acceptance of any nomination; or (ii) by any corrupt practice committed in the interests of the returned candidate by a person other than the candidate or his agent or a person acting with the consent of such candidate or agent; or (iii) by the improper acceptance or refusal of any vote or reception of any vote which is void; or (iv) by the non-compliance with the provisions of this Act, or any rules or orders made thereunder, such authority shall declare the election of the returned candidate to be void. (2) If in the opinion of the prescribed authority, a returned candidate or his agent has been alleged to be guilty of any corrupt practice but the prescribed authority is satisfied - (a) that no such corrupt practice is committed at the election by the candidate, or such corrupt practice was committed contrary to the orders, and without the consent of the candidate; (b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election; and (c) that in all other respects the election was free from any corrupt practice on the Part of candidate or any of his agents, such authority may decide that the election of the returned candidate is not void. ### 18. Procedure to be followed by the prescribed Authority. - The procedure provided in the Code of Civil Procedure, 1908 in regard to suits, shall be followed by the prescribed authority, in the trial and disposal of an election petition under this Act. ### 19. Decision of prescribed authority. (1) At the conclusion of the trial of an election petition, the prescribed authority shall make an order - (a) dismissing the election petition; or (b) declaring the election of all or any of the returned candidates to be void; or (c) declaring the election of all or any of the returned candidates to be void and the petitioner and any other candidate to have been duly elected. (2) If any person, who has filed an election petition, has in addition to calling in question the election of the returned candidate, claimed declaration that he himself or any other candidate has been duly elected and the prescribed authority is of the opinion - (a) that in fact the petitioner or such other candidate received a majority of the valid votes; or (b) that but for the votes obtained by the returned candidate the petitioner or such other candidate would have obtained a majority of the valid votes, such authority shall after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected. ### 20. Procedure in case of equality of votes. - If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then the prescribed authority shall decide between them by lot and proceed as if the one on whom the lot falls had received an additional vote. ### 21. Finality of decision. (1) Save as otherwise provided an order of the prescribed authority on an election petition shall be final. (2) An [election of a Mayor or member] [Substituted 'election of a member' by Haryana Act No. 28 of 2018, dated 4.10.2018.] not called in question in accordance with the foregoing provisions shall be deemed to be a good and valid election. (3) Any person aggrieved by the order of the prescribed authority may file an appeal to the District Judge within a period of thirty days from the date of the order. ### 22. Corrupt practices. - The following shall be deemed to be corrupt practices for the purposes of this Act - (1) Bribery as defined in sub-section (1) of section 123 of the Representation of the People Act, 1951. (2) Undue influence as defined in sub-section (2) of the said section. (3) An appeal by a candidate or his agent or by any other person with the consent of the candidate or his election agent to vote or refrain from voting on grounds of caste, race, community or religion or the use of or appeal to, religious symbols or, the use of or appeal to national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's election. (4) The publication by a candidate or his agent or by any other person with the consent of the candidate or his election agent of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature or withdrawal from contest of any candidate being a statement reasonably calculated to prejudice the prospects of that candidate's election. (5) The hiring or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person with the consent of the candidate or his election agent for conveyance of any elector (other than the candidate himself, and the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act: Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to or from any such polling station shall not be deemed to be a corrupt practice under this clause, if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power : Provided further that the use of any public transport vehicle or vessel or any railway carriage by an elector at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be a corrupt practice under this clause. Explanation. - In this sub-section the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. (6) The holding of any meeting in which intoxicating liquors are served. (7) The issuing of any circular, placard or poster having a reference to the election which does not bear the name and address of the printer and publisher thereof. (8) Any other practice which the Government may by rules specify to be corrupt practice. ### 23. Maintenance of secrecy of voting. (1) Every Officer or Clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election, shall maintain and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy. (2) Any person who contravenes provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to three months or with fine, or with both. ### 23A. [ Voting machines at elections. [Added by Haryana Act No. 13 of 2007.] - Notwithstanding anything contained in this Act or the rules made thereunder, the casting and recording of votes by voting machines in the Corporation may be adopted in such manner as the State Election Commission may, having regard to the circumstances of each case, specify. Explanation. - For the purpose of this section "voting machine" means any machine or apparatus whether operated electronically or otherwise and used for casting or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.] ### 24. Officers etc. at elections not to act for candidates or to influence voting. (1) No person who is a returning officer, or an assistant returning officer or a presiding officer or polling officer at an election or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election or a member of a police force, shall in the conduct or management of the election do any act (other than the giving of votes) for the furtherance of the prospects of the election of a candidate. (2) No such person as aforesaid shall endeavour - (a) to persuade any person to give his vote at an election; or (b) to dissuade any person for giving his vote at an election; or (c) to influence the voting of any person at an election in any manner. (3) Any person who contravenes the provisions of sub-section (1) or sub- section (2) shall be punishable with imprisonment for a term which may extend to six months or with fine, or with both. ### 25. Prohibition of canvassing in or near polling station and of public meeting on election day. (1) No person shall, on the date or dates on which the poll is to take at any polling station, commit any of the following acts within the polling station, or in any public or private place within a distance of hundred metres of the polling station, namely :- (a) canvassing for votes; or (b) soliciting the votes of any elector; or (c) persuading any elector not to vote for any Particular candidate; or (d) persuading any elector not to vote at the election; or (e) exhibiting any notice or sign (other than an official notice) relating to the election. (2) No person shall convene, hold or attend any public meeting within any ward on the date or dates on or at any time within twenty-four hours preceding the start of the poll for an election in that ward. (3) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees. (4) An offence committed under sub-section (1) shall be cognizable. ### 26. Penalty for disorderly conduct in or near polling station. (1) No person shall, on the date or dates on which a poll is taken at any polling station - (a) use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loud- speaker; or (b) shout or otherwise act in a disorderly manner, within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof; so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officer and other persons on duty at the polling station. (2) Any person who contravenes or wilfully aids or abets the contravention of the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both. (3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him. (4) Any police officer may take such steps and use such force as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention. ### 27. Penalty for misconduct at the polling station. (1) Any person who during the hours fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer, may be removed, from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer. (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station. (3) If any person who has been so removed from a polling station, re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months or with fine, or with both. (4) An offence punishable under sub-section (3) shall be cognizable. ### 28. Breaches of official duty in connection with election. (1) If any person to whom this section applies, is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees. An offence punishable under this section shall be cognizable. (2) No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid. (3) The persons to whom this section applies are returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with receipt of nominations or withdrawal of candidatures or the recording or counting of votes at an election; and the expression "Official duty"' shall for the purposes of this section be construed accordingly. ### 28A. [ Breach of official duty in connection with preparation of electoral roll. [Added by Haryana Act No. 13 of 2007.] (1) If any person performs any official duty in connection with the preparation, revision or correction of the electoral roll or inclusion or exclusion of any entry in or from that roll, is without reasonable cause, guilty of any act or omission for breach of such official duty, he shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to two years or with fine which may extend to five thousand rupees or with both. (2) No suit or other legal proceedings shall lie against any such officer or other person for damages in respect of any act or omission as aforesaid. (3) No court shall take cognizance of any offence punishable under sub- section (1) unless there is a complaint made by order of, or under authority from, the State Election Commission or the Deputy Commissioner of the district concerned.] ### 29. Removal of ballot papers from polling station to be an offence. (1) Any person who at an election fraudulently takes or attempts to take a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both. (2) If the Presiding Officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub- section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer : Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency. (3) Any ballot paper found upon the person arrested on search shall be made over for safe custody to a police officer by the presiding officer or when the search is made by a police officer, shall be kept by such officer in safe custody. (4) An offence punishable under sub-section (1) shall be cognizable. ### 30. Offence of booth capturing. - Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine, and where such offence is committed by a person in the service of the Government, he shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine. Explanation. - For the purposes of this section, "booth capturing" includes, among other things, all or any of the following activities, namely :- (a) seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections ; (b) taking possession of a polling station or a place fixed for the poll by any person or persons and allowing only his or their own supporters to exercise their right to vote and prevent others from voting; (c) threatening any elector and preventing him from going to the polling station or a place fixed for the poll, to cast his vote; (d) seizure of place for counting of votes by any person or persons making the counting authorities surrender the ballot papers or voting machines and the doing of anything which affect the orderly counting of votes; (e) doing by any person in the service of Government, of all or any of the aforesaid activities or aiding or conniving at, any such activity in the furtherance of the prospects of the election of a candidate. ### 31. Other offence and penalties. (1) A person shall be guilty of an electoral offence, if at any election he - (a) fraudulently defaces, destroys any nomination paper; or (b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of the Returning Officer; or (c) fraudulently defaces or destroys any ballot paper or the official mark on any ballot-paper or any declaration or identity or official envelop used in connection with voting by postal ballot; or (d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or (e) fraudulently puts into any ballot-box any thing other than the ballot paper which he is authorised by law to put in; or (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot paper than in the use for the purpose of the election; or (g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts. (2) Any person guilty of an offence under this section shall - (a) if he is a returning officer or an assistant returning officer or a presiding officer or a polling officer or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both; (b) if he is any other person, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both. (3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take Part in the conduct of any election or Part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election. (4) An offence punishable under sub-section (2) shall be cognizable. (5) No court shall take cognizance of any offence under section 25, under section 29, or under clause (a) of sub-section (2) of this section unless there is a complaint made by order of, or under authority from, the State Election Commissioner. ### 32. [Power to make rules regulating the election of Mayor and members] [Substituted 'Power to make rules regulating the election of members' by Haryana Act No. 28 of 2018, dated 4.10.2018.] . (1) The Government may, in consultation with State Election Commission, make rules to provide for or regulate all or any of the following matters for the purpose of [holding election of Mayor and members] [Substituted 'holding elections of members' by Haryana Act No. 28 of 2018, dated 4.10.2018.] under this Act, namely :- (a) qualifications of elector and the preparation, publication, correction and revision of electoral rolls; (b) the appointment of returning officer, assistant returning officers, presiding officers and polling officers for the conduct of elections; (c) the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations; (d) the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be refunded to candidates or forfeited to the Corporation; (e) the withdrawal of candidature; (f) the appointment of agents of candidates; (g) the procedure in contested and uncontested elections; (h) the date, time and place for poll and other matters relating to the conduct of elections including - (i) the appointment of polling stations for each ward; (ii) the hours during which the polling station shall be kept open for the casting of votes; (iii) the printing and issue of ballot papers; (iv) the checking of voters by reference to electoral poll; (v) the marking with indelible ink of the left fore-finger or any other finger or limb of the voter and prohibition of the delivery of the ballot paper to any person if at the time such person applies for such paper he has already such mark, so as to prevent personation of voters; (vi) the manner in which votes are to be given and in Particular in the case of illiterate voters or of voters under physical or other disability; (vii) the procedure to be followed in respect of challenged votes and tendered votes; (viii) the scrutiny of votes, counting of votes, the declaration of the results and the procedure in case of equality of votes or in the event of a member being elected to represent more than one ward; (ix) the custody and disposal of papers relating to elections; (x) the suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll; (xi) the holding of a fresh poll in the case of destruction of or tampering with the ballot boxes before counting; (xii) the countermanding of the poll in the case of the death of a candidate before the poll; (i) the requisitioning of premises, vehicles, vessels or animals, payment of compensation in connection with such requisitioning, eviction from requisitioned premises and release of premises from requisition; (j) the fee to be paid on an election petition; (k) any other matter relating to elections or election disputes which is to be prescribed or in respect of which the Government deems it necessary to make rules under this section or in respect of which this Act, makes no provisions or makes insufficient provision and provision is, in the opinion of the Government, necessary. (2) Any person who contravenes the provisions of any rule framed under this section shall be punishable with fine which may extend to one thousand rupees. ### 33. [ Oath of affirmation by Mayor or member. [Substituted by Haryana Act No. 28 of 2018, dated 4.10.2018.] (1) Every elected Mayor or member shall, before taking his seat, make and subscribe at a meeting of the Corporation, an oath or affirmation according to the following form, namely :- I........................having been elected as a Mayor or member of the Municipal Corporation of.........................do swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter. (2) If a person sits or votes as a Mayor or member before he complied with the requirements of sub-section (1), he shall be liable in respect of each day on which he so sits or voted to a penalty of five hundred rupees to be recovered as an arrear of tax under this Act, and his vote shall be considered invalid.] ### 34. [ Removal of and resignation by Mayor or member. [Substituted by Haryana Act No. 28 of 2018, dated 4.10.2018.] (1) The Government may, by notification remove Mayor or member, if in its opinion- (a) he becomes subject to any of the disqualifications mentioned in section 8; or (b) he has flagrantly abused his position as a Mayor or member or has through negligence or misconduct been responsible for the loss or misapplication of any money or property of the Corporation ; or (c) he has become physically or mentally incapacitated for performing his duties as a Mayor or member ; or (d) he absents himself during three successive months from the meetings of the Corporation ; or (e) he acts in contravention of the provisions of section 60; or (f) he has, since his election or nomination, become subject to any disqualification which, if it had existed at the time of his election or nomination, would have rendered him ineligible under any law for the time being in force regulating the qualifications of candidate for election or nomination: Provided that before making an order under this section, reasonable opportunity of being heard and to show cause against such an order shall be given to the Mayor or member, as the case may be. (2) If a Mayor or member resigns his seat by writing under his hand addressed to the Commissioner, he shall cease to be a Mayor or member on the date of acceptance of his resignation and his office shall thereupon fall vacant.] ### 34A. [ [Suspension of Mayor or member.] [Section 34-A inserted by Haryana Act No. 18 of 1999.] (1) The Commissioner of the Division may, [suspend a Mayor or member] [Substituted 'suspend any member' by Haryana Act No. 28 of 2018, dated 4.10.2018.] of a Corporation where - (a) a case against him in respect of any criminal offence is under investigation, enquiry or trial, if in the opinion of the Commissioner of Division the charge made or proceedings taken against him, are likely to embarrass him in the discharge of his duties or involves moral turpitude or defect of a character; (b) during the course of an enquiry for any of the reasons for which he can be removed under section 34, after giving him a reasonable opportunity of being heard. (2) [A Mayor or any member] [Substituted 'Any member' by Haryana Act No. 28 of 2018, dated 4.10.2018.] suspended under sub-section (1) shall not take Part in any act or proceedings of the Corporation during the period of suspension and shall hand over the records, money or any other property of the Corporation in his possession or under his control - (i) to Mayor, Senior Deputy Mayor or Deputy Mayor, as the case may be; (ii) in case the Mayor, Senior Deputy Mayor or Deputy Mayor are suspended, to such person as the Commissioner of Division may appoint in this behalf: [Provided that the suspension period of a Mayor or member shall not exceed six months from the date of issuance of suspension order except in criminal cases involving moral turpitude: Provided further that if the Mayor is suspended or removed or resigned from the post under the Act, the officiating charge of the seat of Mayor shall be given to the elected member of the same category having maximum number of members in his favour until the predecessor of Mayor is elected or the existing Mayor is reinstated: Provided further that if there is only one member from the category for which seat of Mayor is reserved, no question of maximum number of members in his favour shall arise: Provided further that when the Mayor is absent from duty on account of illness or other cause, the senior Deputy Mayor and in his absence the Deputy Mayor shall act as Mayor.] [Substituted by Haryana Act No. 28 of 2018, dated 4.10.2018.] (3) Any person aggrieved by an order passed under sub-section (1) may, within a period of thirty days from the communication of the order, prefer an appeal to the Government.] ### 34B. [ Removal of Mayor or member having any disqualification at time of election. [Substituted by Haryana Act No. 28 of 2018, dated 4.10.2018.] - The State Election Commission may, after such enquiry, as it may deem fit and after giving an opportunity of being heard, by order, remove a Mayor or member, if he was having any disqualification mentioned in section 8 at the time of his election. The office of the Mayor or member so disqualified shall become vacant immediately.] ### 34C. [ Removal of an elected Mayor or member who fails to lodge election expenditure statement. [Substituted by Haryana Act No. 28 of 2018, dated 4.10.2018.] - If an elected Mayor or member fails to follow the provisions of sections 8E or 8G, he shall be removed by the State Election Commission after giving him an opportunity of being heard. The office of the Mayor or member so disqualified shall become vacant immediately.] ### 34D. Review. - [A Mayor or member] [Substituted 'A member' by Haryana Act No. 28 of 2018, dated 4.10.2018.] so disqualified under section 34-B or 34-C may file an application for review of order before the State Election Commission within a period of forty-five days from the receipt of the order. The order passed by the State Election Commission under this section shall be final and no civil court shall have jurisdiction to entertain a petition against such order.] ### 35. Payment of allowances to members. - The members shall be entitled to receive allowances for attendance at meetings of the Corporation and of its committees at such rate as may be notified by the Government in the Official Gazette. ### 36. [ [Election of Senior Deputy Mayor, Deputy Mayor and their term of office.] [Substituted vide Haryana Act No. 4 of 1995.] . - [(1) \*\*\*] [Omitted by Haryana Act No. 28 of 2018, dated 4.10.2018.] (2) The Corporation shall also elect in the manner prescribed, [two of its elected members] [Substituted by Haryana Act No. 19 of 1996. ] to be the Senior Deputy Mayor and Deputy Mayor. The term of office of the Senior Deputy Mayor and Deputy Mayor shall be for a period of five years or for the residue period of their offices as a member, whichever is less: Provided that if the office of the Senior Deputy Mayor or Deputy Mayor is vacated during his tenure on account of death, resignation or no- confidence motion, a fresh election for the remainder period shall be held within one month of the vacancy.] (3) [ and (4) \*\*\*] [Omitted by Haryana Act No. 28 of 2018, dated 4.10.2018.] ### 36A. [ Facilities and powers of Mayor. [Substituted by Haryana Act No. 28 of 2018, dated 4.10.2018.] (1) The Mayor shall be entitled to payment of such honorarium and may be given such facilities in respect of residential accommodation, telephone, conveyance and the like, as may be prescribed. (2) The Mayor shall have access to the record of the Corporation and may issue directions to the Commissioner or call for reports from him with a view to ensure proper implementation of the decision of the Corporation.] ### 37. Removal of [ **\*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] , Senior Deputy [** \*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] and Deputy [\*\*\*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] . - A member holding office as [ **\*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] or Senior Deputy [** \*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] Deputy [\*\*\*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] may be removed from his office by a resolution of the Corporation passed by a majority of [not less than two- thirds of the elected members] [Substituted by Haryana Act No. 19 of 1996.] of the Corporation, in the manner as may be prescribed. ### 37A. [ Suspension of [ **\*] [Section 37-A inserted by Haryana Act No. 18 of 1999.] , Senior Deputy [** \*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] and Deputy [\*\*\*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] . (1) The Commissioner of the Division may suspend [ **\*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] , Senior Deputy [** \*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] and Deputy [\*\*\*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] of a Corporation where - (a) a case against him in respect of any criminal offence is under investigation, enquiry or trial, if in the opinion of the Commissioner of the Division, the charge made or proceedings taken against him, are likely to embarrass him in the discharge of his duties or involves moral turpitude or defect of a character; (b) during the course of an enquiry for any of the reason for which he can be removed under section 37, after giving him a reasonable opportunity of being heard. (2) A [ **\*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] , Senior Deputy [** \*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] or Deputy [\*\*\*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] , as the case may be, suspended under sub-section (1) , shall not take Part in any act or proceedings of the Corporation during the period of suspension and shall hand over the records, money or any other property of the Corporation in his possession or under his control - [\*\*\*] [Omitted '(i) to Senior Deputy Mayor if he is Mayor;' by Haryana Act No. 28 of 2018, dated 4.10.2018.] (ii) to Mayor if he is Senior Deputy Mayor and Deputy Mayor; and (iii) in case the [ **\*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] , Senior Deputy [** \*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] and Deputy [\*\*\*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] are suspended, to such person as Commissioner of Division may appoint in this behalf : Provided that he suspension period of [ **\*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] , Senior Deputy [** \*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] and Deputy [\*\*\*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] , as the case may, be shall not exceed six months from the date of issuance of suspension order except in criminal cases, involving moral turpitude. (3) Any person aggrieved by an order passes under sub-section (1) may, within a period of thirty days from the communication of the order, prefer an appeal to the Government.] ### 38. [ [Omitted by Haryana Act No. 28 of 2018, dated 4.10.2018.] \*\*\*] | | | --- | | 38. Discharge of functions of the Mayor by Deputy Mayor.- (1) When the office of the Mayor is vacant, the Senior Deputy Mayor and in his absence, the Deputy Mayor shall act as Mayor until a new Mayor is elected. (2) When the Mayor is absent from duty on account of illness or any other cause, the Senior Deputy Mayor, and in his absence the Deputy Mayor, shall act as Mayor during his absence. | ### 39. Resignation of [ **\*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] and Deputy [** \*] [Omitted 'Mayor' by Haryana Act No. 28 of 2018, dated 4.10.2018.] . - [(1) \*\*\*] [Omitted by Haryana Act No. 28 of 2018, dated 4.10.2018.] (2) The Senior Deputy Mayor or the Deputy Mayor may, by writing under his hand addressed to the Mayor, resign his office. (3) A resignation under sub-section (1) or sub-section (2) shall take effect from the date of its acceptance. ### 40. Ad hoc Committees. (1) The Corporation may constitute as many ad hoc Committees consisting of such number of members and experts for such term as it thinks fit for the exercise of any power or discharge of any function which the Corporation may by resolution delegate to them or for inquiring into, reporting or advising upon any matter which the Corporation may refer to them. (2) The Corporation shall constitute a Water Supply and Sewerage Disposal Committee, a Buildings and Roads Committee, a House Tax Assessment Committee and such other committees as may be prescribed consisting of such number of members and for the exercise of such powers or discharge of such functions as may be prescribed. (3) There shall also be a Finance and Contracts Committee of the Corporation comprising the Mayor, the two Deputy Mayors, two members elected by the members from amongst themselves and the Commissioner, and the aforesaid Committee shall exercise all the powers of the Corporation in relation to contracts to be entered into for and on its behalf and the purchases to be made by it. (4) Each committee shall elect one of its members as the Chairman and another member as the Vice-Chairman : Provided that the Mayor shall be the ex-officio Chairman of the Finance and Contract Committee. (5) Any matter relating to Committees not expressly provided in his Act, may be provided by regulations made in this behalf. Chapter III Functions of the Corporation --------------------------------------------- ### 41. General powers of Corporation. (1) Subject to the provisions of this Act and the rules, regulations and bye-laws made thereunder, the Municipal administration of the Municipal area shall vest in the Corporation. (2) Without prejudice to the generality of the provisions of sub-section (1) it shall be the duty of the Corporation to consider all periodical statements of the receipts and disbursement and all progress reports and pass such resolutions thereon as it deems fit. ### 42. Functions of Corporation to be entrusted by the Government. - Subject to the provisions of the Constitution, the Government may, by order entrust the Corporation with such powers and authority as may be necessary to enable it to function as institution of local Government and such order may contain provisions for the devolution of powers, functions and responsibilities upon the Corporation, preparation of plans for economic development and social justice including the functions in respect of the following matters, namely :- (1) Urban planning including town planning. (2) Regulation of land-use and construction of buildings. (3) Planning for economic and social development. (4) Roads and bridges. (5) Water supply for domestic, industrial and commercial purposes. (6) Public health, sanitation conservancy and solid waste management. (7) Fire services. (8) Urban forestry, protection of the environment and promotion of ecological aspects. (9) Safeguarding the interest of weaker sections of society, including the handicapped and mentally retarded. (10) Slum improvement and upgradation. (11) Urban poverty alleviation. (12) Provision of urban amenities and facilities such as parks, gardens, playgrounds. (13) Promotion of cultural, educational and aesthetic aspects. (14) Burials and burial grounds, cremations, cremation grounds and electric crematoriums, (15) Cattle ponds, prevention of cruelty to animals. (16) Vital statistics including registration of births and deaths. (17) Public amenities including street lighting, parking lots, bus stops and public conveniences. (18) Regulation of slaughter houses and tanneries. ### 43. Obligatory functions of Corporation. - It shall be incumbent on the Corporation to make adequate provisions, by any means or measures which it may lawfully use or take, for each of the following matters, namely :- (a) the construction, maintenance and cleaning of drains and drainage works and of public latrines, urinals and similar conveniences; (b) the construction and maintenance of works and means for providing supply of water for public and private purposes; (c) the scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted matters; (d) the reclamation of unhealthy localities, the removal of noxious vegetation and generally the abatement of all nuisances; (e) the regulation of places for the disposal of the dead and the provision and maintenance of places for the said purpose; (f) the construction and maintenance of cattle pond; (g) measures for preventing and checking the spread of dangerous diseases; (h) the construction and maintenance of municipal markets and the regulation thereof; (i) the regulation and abatement of offensive or dangerous trades or practices; (j) the securing or removal of dangerous buildings and places; (k) the construction, maintenance, alteration and improvements of public streets, bridges, culverts, causeways and the like; (l) the lighting, watering and cleaning of public streets and other public places; (m) the removal of obstructions and projections in or upon streets, bridges and other public places; (n) the naming and numbering of streets and premises; (o) the maintenance of municipal offices; (p) the laying out of the maintenance of public parks, gardens or recreation grounds; (q) the maintenance of a fire-brigade and the protection of life and property in the case of fire; (r) the maintenance of monuments and memorials vested in a local authority in the Municipal area immediately before the commencement of this Act or which may be vested in the Corporation after such commencement; (s) the maintenance and development of the value of all properties vested in or entrusted to the management of the Corporation; (t) the fulfilment of any other obligation imposed by or under this Act or any other law for the time being in force; (u) planting and care of trees on road sides, etc.; and (v) survey of buildings and lands. ### 44. Discretionary functions of the Corporation. - The Corporation may provide either wholly or in Part for all or any of the following matters, namely :- (a) the furtherance of education including cultural and physical education; (b) the establishment and maintenance of, and aid to libraries, museums, art galleries, botanical or zoological collections; (c) the establishment and maintenance of, and aid to stadia, gymnasia, kharas and places for sports and games; (d) the registration of marriages; (e) the taking of a census of population; (f) the civic reception to persons of distinction; (g) the providing of music or other entertainments in public places or places of public resort and the establishment of theatres and cinemas; (h) the organisation and management of fairs and exhibitions; (i) the construction and maintenance of - (i) rest house; (ii) poor houses; (iii) infirmaries; (iv) children's homes; (v) houses for the deaf and dumb and for disabled and handicapped children; (vi) shelters for destitute and disabled persons; (vii) asylums for persons of unsound mind; (j) the building or purchase and maintenance of dwelling houses for Corporation officers and other Corporation employees; (k) any measures for the welfare of the Corporation officers and other Corporation employees or any class of them including the sanctioning of loans to such officers and employees or any class of them for construction of houses and purchases of vehicles; (l) the organisation or management of chemical or bacteriological laboratories for the examination or analysis of water, food and drugs for the detection of diseases or research connected with the public health or medical relief; (m) the provision for relief to destitute and disabled persons; (n) public vaccination and inoculation; (o) the organisation, construction, maintenance and management of swimming pools, public wash houses, bathing places and other institutions designed for the improvement of public health; (p) the organisation and management of farms and dairies within or outside the Municipal area for the supply, distribution and processing of milk and milk products for the benefits of the residents of the Municipal area; (q) the organisation and management of cottage industries, handicraft centres and sales emporia; (r) the construction and maintenance of warehouses and godowns; (s) the construction and maintenance of garages, sheds and stands for vehicles and cattle biers; (t) the provisions for unfiltered water supply; (u) the improvement of the Municipal area in accordance with improvement schemes approved by the Corporation; (v) the provision of housing accommodation for the inhabitants of any area or for any class of inhabitants; (w) the establishment and maintenance of hospitals, dispensaries and maternity and child welfare centres and the carrying out of other measures necessary for public medical relief; (x) any measure not hereinbefore specifically mentioned, likely to promote public safety, health, convenience or general welfare; Chapter IV Municipal Authorities under the Corporation ----------------------------------------------------------- ### 45. Appointment of Commissioner. (1) The Government shall, by notification in the Official Gazette, appoint an I.A.S. Officer having a minimum service as such of at least five years, as the Commissioner of the Corporation. (2) Subject to the provisions of sub-section (3) the Commissioner so appointed shall hold office for a term of three years in the first instances: Provided that his appointment may be renewed for a term not exceeding three years; Provided further that no officer who has attained the age of superannuation, shall be appointed or continue as Commissioner. (3) The Government - (a) [-] [[Clause (a) omitted by Haryana Act No. 15 of 2000 which read as; (a) shall recall the Commissioner if at a special meeting of the Corporation called for the purpose, a resolution for such recall has been passed by a majority of not less than two-thirds of the total number of members;]] (b) may recall the Commissioner at any time during the term of his appointment. ### 46. Salary and allowances of Commissioner. - The Commissioner shall be paid out of the Corporation Fund such monthly salary and such monthly allowances, as may from time to time be fixed by the Government and may be given such facilities in relation to residential accommodation, conveyance and the like as may from time to time be fixed by the Government. ### 47. Leave etc. of Commissioner. - Whenever the Commissioner is on leave, or is sent on training another officer may be appointed by the Government in his place. ### 48. Contribution by Corporation. - The Corporation shall make such contribution towards leave, allowances, pension and provident fund of the Commissioner as may be required by the conditions of his service under the Government. ### 49. Functions of the Commissioner. - Save as otherwise provided in this Act, and subject to general supervision and control of the Corporation the executive power, for the purpose of carrying out the provisions of this Act, and of any other Act for the time being in force which confers any power or imposes any duty on the Corporation, shall vest in the Commissioner, who shall also - (a) exercise all the powers and perform all the duties specifically conferred or imposed upon him by this Act or by any other law for the time being in force; (b) prescribe the duties of and exercise supervision and control over the acts and proceedings of all Corporation officers and other Corporation employees and subject to any rules that may be made under section 67 dispose of all questions relating to the service of the said officers and other employees and their pay, privileges, allowances and other conditions of service; (c) on the occurrence or threatened occurrence of any sudden accident or any unforeseen event or natural calamity involving or likely to involve extensive damage to any property of the Corporation, or danger to human life, take such immediate action as he considers necessary and make a report forthwith to the Corporation of the action he has taken and the reasons for the same as also of the amount of cost, if any, incurred or likely to be incurred in consequence of such action, which is not covered by a budget grant. ### 50. Power of Corporation to require Commissioner to produce documents and furnish returns, reports etc. (1) The Corporation may at any time require the Commissioner - (a) to produce any record, correspondence, plans or other documents which is in his possession or under his control as Commissioner or which is recorded or filed in his office or in the office of any Corporation Officer or other Corporation employee subordinate to him; (b) to furnish any return, plan, estimate, statement, account of statistics concerning or connected with any matter pertaining to the administration of this Act, or any Municipal authority; (c) to furnish a report by himself or to obtain from any Corporation officer or other employee subordinate to him and furnish with his own remarks thereon, a report, upon any subject concerning or connected with the administration of this Act, or any Municipal authority. (2) Every such requisition shall be complied with by the Commissioner without any unreasonable delay; and it shall be incumbent on every Corporation officer and other corporation employee to obey any order made by the Commissioner in pursuance of any such requisition: Provided that the Commissioner shall not be bound to comply with any such requisition if with the previous approval of the Mayor he makes a statement that such compliance would be prejudicial to public interest or to the interest of the Corporation. ### 51. Exercise of powers to be subject to sanction. - Save as otherwise provided in this Act, the exercise of any power or the performance of any duty conferred or imposed upon the Corporation or any authorities by or under this Act, which will involve expenditure, shall be subject to the following conditions, namely :- (a) that such expenditure, in so far as it is to be incurred in the year in which such power is exercised or duty performed, shall be provided for under a current budget-grant; and (b) that if the exercise of such power or the performance of such duty involves or is likely to involve expenditure for any period or at any time after the close of the said year, such expenditure shall not be incurred without the sanction of the Corporation Chapter V Procedure ------------------------ Transaction of Business by the Corporation ### 52. Meetings. (1) The Corporation shall ordinarily hold at least one meeting in every month for the transaction of its business: [Provided that in addition to the aforesaid meeting, every Corporation shall hold atleast one meeting in every six months of a duration of not less than three days.] [Inserted by Haryana Act No. 34 of 2019, dated 4.9.2019.] (2) The Mayor or in his absence the Senior Deputy Mayor, and in the absence of both, the Deputy Mayor may, whenever he thinks fit, and shall upon a requisition in writing by not less than one-fourth of the total number of members, convene a special meeting of the Corporation. (3) Any meeting may be adjourned until the next or any subsequent date, and an adjourned meeting may be further adjourned in like manner. ### 53. First meeting of Corporation after general elections for election of Mayor. (1) First meeting of the Corporation after general elections shall be held as early as possible but not later than thirty days after the publication of the results of the election of the members under section 14 and shall be convened by the Divisional Commissioner. (2) Notwithstanding anything contained in section 56, for election of the Mayor, the Divisional Commissioner shall nominate a member who is not a candidate for such election to preside over the meeting. (3) If during the election of Mayor it appears that there is an equality of votes between the candidates at such election and that the addition of a vote would entitle any of the candidates to be elected as Mayor, then the person presiding over the meeting shall decide between them by lot to be drawn in the presence of the candidates and in such manner as he may determine, and the candidate on whom the lot falls shall be deemed to have received an additional vote. ### 54. Notice of meetings and business. - A list of the business to be transacted at every meeting except at an adjourned meeting shall be sent at the recorded address of each member at least five days before the time fixed for such meeting other than the business of which a notice has been so given: Provided that an urgent meeting may be called on a notice of a lesser period than five days: Provided further that any member may send or deliver to the Corporation Secretary notice of any business going beyond the matters mentioned in the notice given of such meeting so as to reach him at least forty-eight hours before the date fixed for the meeting and the Corporation Secretary shall with all possible despatch take steps to circulate such resolution to every member in such manner as he may think fit: Provided further that such other business or resolution may be transacted or taken up only with the permission of the Chair. ### 55. Quorum. (1) The quorum necessary for the transaction of business at a meeting of the Corporation shall be one-third of the total number of members. (2) If at any time during a meeting of the Corporation there is no quorum it shall be the duty of the Mayor or the person presiding over such meeting either to adjourn the meeting or to suspend the meeting until there is a quorum. (3) Where a meeting has been adjourned under sub-section (2), the business which would have been brought before the original meeting if there had been a quorum present thereat, shall be brought before, and may be transacted at an adjourned meeting, whether there is quorum present or not : Provided that notice of an adjourned meeting under sub-sections (2) and (3) shall be given to all members. ### 56. Presiding Officer. (1) The Mayor or in his absence, the Senior Deputy Mayor, and in the absence of the both, the Deputy Mayor shall preside over at every meeting of the Corporation. (2) In the absence of both the Mayor and the Deputy Mayor from the meeting the members present shall elect one from among their own members to preside. (3) The Mayor or the person presiding over a meeting shall have and exercise a second or a casting vote in all cases of equality of votes. ### 57. Method of deciding question. (1) Save as otherwise provided in this Act, all matters required to be decided by the Corporation shall be decided by majority of the votes of members present and voting. (2) The voting shall be by show of hands, but the Corporation may subject to such regulations as may be made by it, resolve that any question or class of questions shall be decided by secret ballot. (3) At any meeting, unless voting be demanded by at least four members a declaration by the presiding officer at such meeting that a resolution has been carried or lost, and an entry to that effect in the minutes of the proceedings shall, for the purposes of this Act, be conclusive evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against such resolution. (4) If voting as aforesaid is demanded, the votes of all of the members present who desire to vote shall be taken under the direction of the Presiding Officer at the meeting and the result of the voting shall be deemed to be resolution of the Corporation at such meeting. ### 58. Maintenance of order at and admission of public to meetings, withdrawal and suspension of members. (1) The Mayor or the person presiding over a meeting shall preserve order thereat and shall have all powers necessary for the purpose of preserving such order. (2) The Mayor or the person presiding over a meeting may direct any member whose conduct is in his opinion disorderly to withdraw immediately from the meeting, and any member so directed to withdraw shall do so forthwith and shall absent himself during the remainder of the meeting. (3) If any member is ordered to withdraw a second time within fifteen days, the Mayor or the person presiding may suspend such member from attending the meetings of the Corporation for a period not exceeding fifteen days and the member so suspended shall absent himself accordingly : Provided that the Mayor or the person presiding may at any time cancel such suspension: Provided further that such suspension shall not debar the suspended member from serving on any committee of the Corporation of which he is a member. (4) Subject to sub-section (5), every meeting shall be open to the public unless a majority of the members present at the meeting decide that any inquiry or deliberation pending before the Corporation shall be held in camera. (5) The Corporation may make regulations for the purpose of admission of the members of the public to its meetings and for the removal by force if necessary, of any member of the public admitted to a meeting for interrupting or disturbing the proceedings of the meetings. (6) The Corporation may make regulations for removal of members for disorderly conduct. (7) In the case of grave disorder arising in a meeting the Mayor or the person presiding may, if he thinks it necessary to do so, adjourn the meeting to a date or time specified by him. ### 59. Member not to vote on matter in which he is interested. - No member shall vote at a meeting of the Corporation or of any Committee thereof on any question relating to his own conduct or vote or take Part in any discussion on any matter (other than a matter affecting generally the residents of the Municipal area or of any Particular ward), which affects his pecuniary interest or any property in respect of which he is directly or indirectly interested, or any property of or for which he is a manager or an agent. ### 60. Right to attend meetings of Corporation and its committees, etc. and right of members to ask questions in relation to the administration of Municipal area. (1) The Commissioner or any Corporation Officer authorised by him in this behalf may attend, speak in, or otherwise take Part in the proceedings of any meeting of the Corporation or any of its Committees, but he shall not be entitled to vote in any such meeting. (2) A member may, subject to the provisions of sub-section (3), ask the Commissioner, during first half of an hour of every meeting, question on any matter relating to the municipal administration of area or the administration of this Act. (3) The right to ask a question shall be governed by the following conditions, namely :- (a) not less than seven days' clear notice in writing specifying the question shall be given to the Corporation Secretary; (b) no question shall - (i) bring in any name or statement not strictly necessary to make the question intelligible; (ii) contain arguments, ironical expression, imputations, epithets or defamatory statements; (iii) ask for an expression of opinion or the solution of a hypothetical proposition; (iv) ask as to the character or conduct of any person except in his official or public capacity; (v) relate to a matter which is not primarily the concern of the Corporation or any of the municipal authorities; (vi) make or imply a charge of a personal character; (vii) raise question of policy too large to be dealt with within the limits of an answer to a question; (viii) repeat in substance questions already answered or to which an answer has been refused; (ix) ask for information on trivial matters; (x) ordinarily ask for information on matters of past history; (xi) ask for information set forth in accessible documents or in ordinary works of reference; (xii) raise matters under the control of bodies or persons not primarily responsible to the Corporation; or (xiii) ask for any information on a matter which is under adjudication by a Court of Law. (4) The Mayor shall disallow any question which is, in his opinion in contravention of the provisions of sub-section (3). (5) If any doubt arises whether any question is or is not in contravention of the provisions of sub-section (3) the Mayor shall decide the point and his decision shall be final. (6) The Commissioner shall not be bound to answer a question if it asks for information which has been communicated to him in confidence or in the opinion of the Mayor it cannot be answered without prejudice to public interest or the interest of the Corporation. (7) Unless otherwise directed by the Mayor or the presiding officer of the meeting every question shall be answered by the Commissioner at a meeting of the Corporation. ### 61. Powers to make regulations. - The Corporation may make regulations for the transaction of business at its meetings and at the meetings of its ad hoc committees and the manner in which notice of such meetings shall be given: Provided that the time, place and procedure for the first meeting after the constitution of the Corporation under section 4 shall be determined by the Divisional Commissioner. ### 62. Presiding Officer at meetings of ad hoc committees. (1) The Chairman or in his absence the Vice-Chairman shall preside at every meeting of the ad hoc committee. (2) In the absence of the Chairman and the Vice-Chairman from any meeting the members of any such Committee shall choose one of their members to preside over the meeting. ### 63. Keeping of minutes and proceedings. - Minutes, in which shall be recorded the names of the members present at and the proceedings of each meeting of the Corporation or of the committee, shall be drawn up and recorded by the Corporation Secretary in a book to be kept for that purpose and shall be laid before the next ensuing meeting of the Corporation or of the Committee, as the case may be, and shall be signed at such meeting by the presiding officer thereof. ### 64. Circulation of minutes and inspection of minutes and reports of proceedings. - Minutes of the proceedings of each meeting of the Corporation shall be circulated to all the members of the Corporation and shall at all reasonable times be available at the Corporation Officers for inspection without charge by any member or person on payment of a fee prescribed by regulation. ### 65. Forwarding minutes and reports of proceedings to the Government. (1) The Corporation Secretary shall forward to the Government a copy of the minutes of the proceedings of each meeting of the Corporation within three days from the date of the meeting. (2) The Government may also in any case ask for a copy of any paper or all the papers which were laid before the Corporation or any Committee thereof and the Corporation Secretary shall forward to the Government, a copy of such paper or papers. ### 66. Validation of proceedings etc. (1) The Corporation shall have powers to act notwithstanding any vacancy in the membership thereof and no act done or the proceedings taken under this Act, shall be questioned on the ground merely of - (a) the seat of any member remaining unfilled for any cause whatsoever; (b) the existence of any vacancy in, or any defect in the constitution of the Corporation, or in any committee thereof; (c) any member having voted or taken Part in any proceedings in contravention of section 60; (d) any defect or irregularity not affecting the merits of the case. (2) Every meeting of the Corporation or of any committee thereof, the minutes of proceedings which have been duly drawn up and signed shall be deemed to have been duly convened and to be free from all defects and irregularities. Chapter VI Corporation Officers and other Corporation Employees -------------------------------------------------------------------- ### 67. Posts in Corporation and appointments thereto. (1) The Government may, by notification, constitute, in the prescribed manner, all or any of the categories of Corporation services: Provided that the Government shall appoint a Corporation Secretary for performing the duties assigned to him under this Act. (2) The Government may make rules for regulating the recruitment and the conditions of service of members of the Corporation services referred to in sub-section (1), and the classification of such services and for the duties and functions of the members of such services. (3) The salary, allowances, gratuity, pension and other payments required to be made to the members of the Corporation services in accordance with the conditions of their service shall be charged from the Corporation Fund in the prescribed manner. (4) [ Creation of posts in a Corporation service shall be made by the Government and appointment of members thereto shall be made as may be prescribed after taking into consideration the requirements of the corporation and its financial capacity but no such member shall be deemed to have been appointed to any civil service or post under the State.] [Substituted vide Haryana Act No. 18 of 1999.] (5) For carrying out the purposes of this Act, the Corporation shall take over the entire staff of Faridabad Complex Administration on the existing terms of service and integrate them in the Corporation services. (6) The Corporation may recruit additional staff where necessary subject to the conditions as may be laid down by the Government. (7) In making appointment to any post referred to in this section, the appointing authority shall follow the instructions issued by the Government from time to time in relation to reservation of appointments or posts for Scheduled Castes, Backward Classes and any other category of persons. ### 68. Officers and other employees not to undertake any extraneous work. - No Corporation Officer or other Corporation employee shall undertake any work unconnected with duties under this Act except with the permission of the Corporation. ### 69. Officers and other employees not to be interested in any contract etc. with Corporation. (1) A person shall be disqualified for being appointed as a Corporation Officer or employee if he has, directly or indirectly, by himself or by a Partner or any other person, any share or interest in any contract made with, or any work being done for the Corporation, other than as such officer or employee. (2) If any such officer or other employee acquires, directly or indirectly by himself or by a Partner or any other person, any share or interest in any such contract of work as is referred to in sub-section (1), he shall unless the authority appointing him in any Particular case otherwise decides, be liable to be removed from his office by an order of such authority: Provided that before an order of removal is made such officer or other employee shall be given a reasonable opportunity of showing cause against the action proposed to be taken in regard to him. ### 70. Punishment of Corporation Officers and other employees. (1) Every Corporation Officer or other Corporation employees, other than those referred to in sub-section (1) of section 67, shall be liable to have his increments or promotion withheld or to be censured, reduced in rank, compulsorily retired, removed or dismissed for breach of any dePartmental regulations or of discipline or for carelessness, unfitness, negligence of duty or other misconduct by such authority as may be prescribed by regulations: Provided that no such officer or other employee as aforesaid shall be reduced in Bank, compulsorily retired, removed or dismissed by an authority subordinate to that by which he was appointed. (2) No such officer or other employee shall be punished under sub-section (1) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him : Provided that this sub-section shall not apply - (a) where an officer or other employee is removed or dismissed on the ground of conduct which has led to his conviction on a criminal charge; or (b) where the authority empowered to remove or dismiss such officer or the employee is satisfied that for some reason to be recorded by that authority, it is not reasonably practicable to give that person an opportunity of showing cause. (3) If any question arises whether it is reasonably practicable to give to any officer or other employee an opportunity of showing cause under sub- section (2), the decision thereon of the authority empowered to remove or dismiss such officer or other employee shall be final. (4) An officer or other employee upon whom a punishment has been inflicted under this section may appeal to such officer or authority as may be prescribed by regulations. ### 71. Power of Corporation to make regulations. (1) The Corporation may make regulations to provide for the tenure of office, salaries and allowances, provident fund, pension, gratuity, leave of absence, punishment and other conditions of service of officers and other employees appointed under this Chapter. (2) No such officer or other employee shall be punished under sub-section (1) unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him: Provided that this sub-section shall not apply :- (a) where an officer or other employee is removed or dismissed on the ground of conduct which has led to his conviction on a criminal charge; or (b) where the authority empowered to remove or dismiss such officer or other employee is satisfied that for some reason to be recorded by that authority, it is not reasonably practicable to give that person an opportunity of showing cause. Chapter VII Revenue and Expenditure ---------------------------------------- ### 72. Constitution of Corporation Fund. (1) Save as otherwise provided in this Act - (a) all funds which immediately before the declaration and constitution of the Corporation under sections 3 and 4 of this Act vested in the Municipal area of the Faridabad Complex or any Part thereof or any municipality including area comprising rural area or a Part thereof, if any; (b) all money received by or on behalf of the Corporation under the provision of this Act or of any law for the time being in force or under any contract; (c) all proceeds of the disposal of property by, or on behalf of the Corporation; (d) all rents accruing from any property of the Corporation; (e) all moneys raised by any tax, rate or cess levied for the purpose of this Act; (f) all fees collected and all fines levied under this Act or under any rule, regulation or bye-law made thereunder; (g) all moneys received by or on behalf of the Corporation from the Government or any individual or association of individuals by way of grant or gift or deposit; (h) all interest and profits arising from any investment of, or from any transactions in connection with, any money belonging to the Corporation including loans and advances under this Act; (i) all moneys received by or on behalf of the Corporation from any other source whatsoever, shall form one fund to be called the Corporation Fund. (2) the Corporation Fund shall be held by the Corporation in trust for the purposes of this Act subject to the provisions herein contained. (3) The ownership of all properties, movable or immovable and assets belonging to the Faridabad Complex Administration shall vest in the Corporation. (4) All liabilities of Faridabad Complex Administration shall be the liabilities of the Corporation. (5) All actions taken, rights acquired or liabilities incurred by the Faridabad Complex Administration shall be deemed to have been taken, acquired or incurred by the Corporation under this Act. ### 72A. [ Constitution of Services to Poor Fund. [Inserted by Haryana Act No. 22 of 2009.] (1) A separate fund called the Service to Poor Fund shall be constituted to deliver the services to the poor and the inhabitants of slum areas. This fund shall comprise of - (i) all moneys raised by any rent, tax, fine, rate or cess on any person or any property situated in slum area; (ii) a grant received from the Central/State or any other agency for development of slum area; (iii) moneys received from any individual or associations of individuals by way of grants or gifts or deposits for service to the poor; (iv) all moneys received by or on behalf of Corporation or any source specifically meant for this fund; and (v) any fund that may be transferred by the Commissioner from the Corporation Fund under the specific major head of account to ensure adequate funds for meeting the purpose of this fund.] ### 73. Corporation Fund to be kept in treasury or in a nationalised bank. - All moneys payable to the credit of the Corporation Fund shall be received by the Commissioner and shall be forthwith paid into any nationalised bank, or in a treasury of the Government or any other bank approved by the Government in this behalf. ### 74. Operation of account with banks. - Save as otherwise provided in this Act, no payment shall be made by any bank referred to in section 73 out of the Corporation Fund except on a cheque signed by both, - (a) Officer incharge of the accounts; and (b) the Commissioner or an officer subordinate to him authorised by him in this behalf. ### 75. Payment not to be made unless covered by a Budget grant. - No payment of any sum out of the Corporation Fund shall be made unless the expenditure of the same is covered by a current budget grant and sufficient balance of such budget grant is still available notwithstanding any reduction or transfer thereof which may have been made under the provisions of this Act: Provided that this section shall not apply to payments made in the following classes of cases, namely :- (a) repayment of money, belonging to contractors or other persons and held in deposit and of moneys collected or credited to the Corporation Fund by mistake; (b) refund of taxes and other moneys which are authorised under this Act; (c) sum payable in any of the following circumstances - (i) under orders of the Government on failure of the Corporation to take any action as required by the Government; or (ii) under any other enactment for the time being in force; or (iii) under the decree or order of a civil or criminal court passed against the Corporation; or (iv) under a compromise of any claim, suit or other legal proceedings; or (v) on account of cost incurred in taking immediate action by the Corporation or the Commissioner to avert a sudden threat of danger to the property of the Corporation or to human life; (d) temporary payment for works urgently required by the Government in the public interest; (e) sums payable as compensation under this Act or under any rules, regulations or bye-laws made thereunder; (f) expenses incurred by the Corporation on special measures taken on the outbreak of dangerous diseases; (g) amount payable to Government by way of audit fee. ### 76. Duty of persons signing cheques. - Before any person signs a cheque in accordance with section 74 or signs any bill for payment of any amount from the treasury, he shall satisfy himself that the sum which is specified for payment in the bill or for which the cheque is drawn, as the case may be, is either - (a) required for a purpose or work specifically sanctioned by the proper authority and covered by a current budget grant; or (b) required for any payment referred to, or specified in section 75. ### 77. Procedure when money not covered by a budget grant is expended. - Whenever any sum is expended under clauses (c) , (e) or (f) of the proviso to section 75, the Commissioner shall forthwith communicate the circumstances to the Corporation to take such action under the provisions of this Act, as shall, in the circumstances, appear possible and expedient for covering the amount of the additional expenditure. ### 78. Application of Corporation Fund. (1) The money from time to time credited to Corporation Fund, shall be applied in payment of all sums, charges and costs necessary for carrying out the provisions of this Act and of the rules, regulations and bye-laws made thereunder or of which payment is duly directed, sanctioned or required by or under any of the provisions of this Act. (2) The money referred to in sub-section (1) shall likewise be applied in payment of all sums payable out of the Corporation Fund under any other enactment for the time being in force. (3) Notwithstanding anything contained in this Act, the moneys referred to in sub-section (1) may also be applied in payment of all sums, charges and costs on all acts and things which are likely to promote the safety, health, welfare, or convenience of the inhabitants or expenditure whereof may be declared by the Corporation, with the sanction of the Government to be an appropriate charge on the Corporation Fund. ### 78A. [ Utilization of Services to Poor Fund. [Inserted by Haryana Act No. 22 of 2009.] (1) The fund shall be utilized to promote services for the poor and the inhabitants of the slum areas and the Corporation shall endeavour that at least, - (i) 20% of the total revenue income; (ii) 20% of the revenue expenditure; or (iii) 25% of the total capital expenditure, whichever is maximum, is incurred on delivery of the services to the poor and the inhabitants of the slum areas per annum. Explanation. - For the purposes of this section"services" shall include basic environmental services, roads, primary education and health, housing, water supply, sanitation, social security and such like services. However, it shall not include establishment expenses (including salary and wages) not directly and specifically incurred for delivery of service.] ### 79. Payments from Corporation Fund for works urgently required for public service. - On the written requisition of the Secretary, Local Government DePartment, Haryana, the Commissioner may at any time undertake the execution of any work certified by such Secretary to be urgently required in public interest, and for this purpose may temporarily make payments from the Corporation Fund so far as the same can be met without unduly interfering with the regular work of the Corporation. ### 80. Investment of surplus money. - Surplus moneys standing at the credit of Corporation Fund which cannot immediately or at an early date be applied for the purposes specified in section 78, shall be invested in the prescribed manner. ### 81. Constitution of special funds. (1) The Corporation shall constitute such special fund or funds as may be prescribed by regulations and such other funds necessary for the purposes of this Act as may be so prescribed. (2) The constitution and disposal of such funds shall be effected in the manner laid down by regulations. ### 82. Finance Commission. (1) The Finance Commission constituted by the State Government under Article 243-I of the Constitution of India shall review the financial position of the Corporation and make recommendations to the Government as to- (a) the principles which should govern - (i) the distribution between the State and the Corporation of the net proceeds of the taxes, duties, tolls and fees leviable by the State, which may be divided between them and the allocation between the Corporation at all levels of their respective shares of such proceeds; (ii) the determination of the taxes, duties, tolls and fees which may be assigned to, or appropriated by the Corporation; (iii) the grants-in-aid to the Corporation from the Consolidated Fund of the State; (b) the measures needed to improve the financial position of the Corporation; (c) any other matter conferred to the Finance Commission by the Government in the interest of sound finances of the Corporation. (2) The Government shall cause every recommendation made by the Finance Commission under this section together with an explanatory memorandum as to the action taken thereon, to be laid before the Legislature of the State. ### 83. Budget estimates. (1) The Corporation shall not later than the first week of February of every year, adopt for the ensuing year a budget estimate which shall be an estimate of the income and expenditure of the Corporation to be received and incurred on account of the Corporation. (2) The budget estimate adopted under sub-section (1) shall be submitted to the Government not later than the last week of February preceding the year to which the budget estimate relates. (3) The budget estimate received by the Government under sub-section (2), shall be returned to the Corporation before the 31st day of March after approval without any modification or with such modification as the Government may deem fit. (4) The budget estimate shall be prepared in such manner and shall provide for all such matters as may be prescribed. ### 84. Power of Corporation to alter Budget estimates. (1) On the recommendation of the Commissioner the Corporation may from time to time during the year - (i) increase the amount of any budget grant under any head; (ii) make an additional budget grant for the purpose of meeting any special or unforeseen requirement arising during the said year; (iii) transfer the amount or portion of the amount of the budget grant under any head to the account of budget grant under any other head; or (iv) reduce the amount of the budget grant under any head : Provided that due regard shall be had to all the requirements of this Act and in making any increase or any additional budget grant the estimated cash balance at the close of the year shall not be reduced below the sum of one lakh rupees or such higher sum as the Corporation may determine in respect of each budget estimate. (2) Every increase in a budget grant and every additional budget grant made in any year under sub-section (1) shall be made with the prior approval of the Government and after such approval shall be deemed to be included in the budget estimate finally adopted for that year. (3) The Commissioner may from time to time during the year - (a) reduce the amount of budget grant; or (b) sanction the transfer of any amount within a budget grant : Provided that every reduction if it exceeds fifty thousand rupees shall be reported forthwith by the Commissioner to the Corporation and the Commissioner shall give effect to any order that may be passed by the Corporation in relation thereto. (4) The Commissioner may, from time to time during the year, sanction the transfer of any amount not exceeding fifty thousand rupees within a minor head if such transfer does not involve a recurring liability. ### 85. Power of Corporation to readjust income and expenditure during the year. (1) If at any time during the year it appears to the Corporation that, notwithstanding any reduction of budget grant that has been made under section 85, the income of the Corporation Fund during the same year will not suffice to meet the expenditure sanctioned in the budget estimate of that year and to leave at the close of the year, the cash balance specified or determined under the proviso to sub-section (1) of section 84, then it shall be incumbent on the Corporation to sanction forthwith any measures which it may consider necessary for adjusting that year's income to the expenditure. (2) For the purpose of sub-section (1), the Corporation may either reduce the sanctioned expenditure of the year so far as it may be possible so to do with regard to all the requirements of the Act. ### 86. Provisions as to unexpended budget grant. - If the whole or any Part of any budget grant included in the budget estimates for a year remains unexpended at the close of that year, and the amount thereof has not been taken into account in the opening balance entered in the budget estimates of any of the next two following years, the Commissioner may sanction the expenditure of such budget grant or the unexpended portion thereof during the next two following years for the completion of the purpose or object for which the budget grant was originally made and not for any other purpose or object. Chapter VIII Taxes and Fees -------------------------------- ### 87. Taxes etc. to be imposed by Corporation under this Act and arrangement of certain taxes collected by Government. (1) The Corporation shall, for the purposes of this Act, levy the following taxes - (a) [ a property tax payable by the owner or occupier of building and land at the rates notified by the Government, from time to time depending upon the area in which the building or land is situated, its location, purpose for which it is used, its capacity for profitable use, quality of construction and other relevant factors;] [Substituted by Haryana Act No 21 of 2012 w.e.f. 1.4.2010.] (b) [such other tax, at such rates as the Government may, by notification, in each case direct;] [Words 'octroi, or in lieu thereof' omitted by Haryana Act No. 2 of 2000.] (c) a duty on the transfer of immovable properties situated within the limits of the municipal area in addition to the duty imposed under the Indian Stamp Act, 1899, as in force for the time being in the State of Haryana, on every instrument of the description specified below and at such rate, as the Government may, by notification, direct, which shall not be less than one per centum and more than three per centum on the amount specified below against such instruments :- Description of instruments Amount on which duty shall be levied | | | | --- | --- | | (i) Sale of immovable property | the amount or value of the consideration for the sale as set forth in the instrument. | | (ii) Exchange of immovable property | the value of the property or the greater value as set forth in the instrument. | | (iii) Gift of immovable property | the value of the property set as set forth in the instrument. | | (iv) Mortgage with possession of immovable property | the amount secured by the mortgage as set forth in the instrument. | | (v) Lease in perpetuity of immovable property | the amount equal to one-sixth of the whole amount or value of the rent which would be paid or delivered in respect of the first fifty years of the lease, as set forth in the instrument. | The said duty shall be collected by the Registrar or Sub-Registrar in the shape of non-judicial stamp paper at the time of registration of the document and intimation thereof shall be sent to the Corporation immediately. The amount of the duty so collected shall be paid to the Corporation. (2) Subject to the prior approval of the Government, the Corporation may for the purposes of this Act, in addition to the taxes specified in sub-section (1) levy - (a) a tax on profession, trades, callings and employments; (b) [ a tax on vehicles, plying for hire or kept registered under the Motor Vehicles Act, 1988 (Act 59 of 1988), within the Corporation, and animals;] [Clause (b) substituted by Haryana Act No. 15 of 2000.] (c) a development tax on the increase in urban land values caused by the execution of any development or improvement work; (d) show tax; (e) [ a tax on consumption of energy at a rate of two percent of the electricity bill consumed by any person within the Municipal area;] [Substituted by Haryana Act No. 31 of 2017, dated 23.11.2017] (ee) [ a tax on driving licenses issued under the Motor Vehicles Act, 1988 (Act 59 of 1988), within the Corporation area;] [Added by Haryana Act No 23 of 2003.] (f) any other tax that may be imposed under the provisions of the Haryana Municipal Act, 1973 : Provided that no tax shall be imposed under this sub-section unless an opportunity has been given in the prescribed manner to the residents of the Municipal area to file objections and the objections, if any, thus, received have been considered. (3) The taxes as specified in sub-section (1) and sub-section (2) shall be levied at such rates as may, from time to time, be specified by the Government by notification and shall be assessed and collected in accordance with the provisions of this Act and the bye-laws made thereunder. (4) The Government may, by special or general order, direct the Corporation to impose any tax falling under sub-section (1) or sub-section (2) not already imposed, within such period as may be specified and the Corporation shall thereupon act accordingly. (5) If the Corporation fails to carry out any order passed under sub-section (4), the Government may, by a suitable order notified in the Official Gazette, impose the tax and the order so passed shall operate as if the tax had been duly imposed by the Corporation under sub-section (1) or sub-section (2), as the case may be. ### 87A. [ Self assessment of tax. [Section 87A, 87B and 87C added by Amending Act 21 of 2012.] - Notwithstanding anything contained in this Act, every person liable to pay the property tax shall himself calculate the tax of the building or land according to the procedure notified in this regard, of which he is either owner or the occupier at the rates notified under clause (a) of sub-section (1) of section 87. ### 87B. Deposit of property tax. (1) On the basis of assessment made as per section 87A, the owner or occupier shall deposit the amount of property tax in the specified head of the Corporation as per the prescribed procedure on or before the date fixed by the authority and furnish a return in the prescribed form. The variation upto ten per cent on either side in the assessment made under section 87A shall be ignored. In cases where the variation is more than ten per cent, the owner or occupier of land or building, as the case may be, shall be liable to pay penalty equal to the amount of tax evaded subject to a minimum of rupees one hundred. (2) Where any property tax has not been paid by the owner or occupier within the prescribed time, the authority shall serve notice on the person chargeable with the property tax, which has not been paid, requiring him to show cause why he should not pay the amount specified in the notice and the authority shall pass an appropriate order in this regard after giving an opportunity of hearing. Explanation. - For the purposes of this section, the authority means the Zonal Taxation Officer or any officer authorized by the Commissioner of Municipal Corporation. ### 87C. Penalties. - In case of non-payment of property tax, the competent authority may impose a penalty equal to the amount of the tax assessed, subject to minimum of rupees one hundred and in case of late payment, interest at the rate of one and a half per centum per month from the date of default shall also be charged.] ### 88. Fees that may be charged by the Corporation. (1) Subject to the prior approval of the Government, the Corporation may in the manner prescribed levy a fee with regard to the following :- (i) a fee on advertisements other than advertisements in the newspapers; (ii) a fee on building applications; (iii) development fee for providing and maintaining civic amenities in certain areas; (iv) a fee with regard to lighting; (v) a fee with regard to a scavenging; (vi) a fee in the nature of costs for providing internal services in a building scheme or town planning schemes; (vii) any other fee as deemed fit by the Corporation for services rendered. (2) The rates at which and the conditions subject to which the fees as laid down in sub-section (1), may be levied by the Corporation, would be decided by the Government. ### 89. Components and rates of taxes of lands and buildings. (1) Save as otherwise provided in this Act, taxes on lands and buildings in the Municipal area shall consist of the following, namely :- (a) a water tax at such percentage of the rateable value of lands and buildings as the Government may deem reasonable for providing water supply in the Municipal area or in lieu thereof water charges of such rate as may be decided by the Government from time to time; (b) [ a fire tax;] [Clause (b) substituted by Haryana Act No. 21 of 2013.] (c) [\*\*\*] [Clause (c) omitted by Haryana Act No. 21 of 2012.] Provided that the general tax may be levied on a graduated scale, if the Government so determines: Provided further that the general tax would not be leviable on the lands and buildings within the Lal Dora of villages forming Part of the Municipal area provided they are self occupied. (2) Notwithstanding anything contained in sub-section (1), the Government may exempt the certain classes or categories of persons or lands and buildings from the payment of the general tax. ### 90. Premises in respect of which water tax or charges and Fire tax are to be levied. (1) Save as otherwise provided in this Act, the water tax shall be levied only in respect of lands and buildings :- (a) to which a water supply is furnished from or which are connected by means of pipes with municipal water works; or (b) which are situated in any portion of the Municipal area in which the Commissioner has given public notice that sufficient water is available from municipal water works for a reasonable supply to all the lands and buildings in the said portion. (2) [\*\*\*] [Section 90(2) omitted by Haryana Act No. 21 of 2012.] ### 91. - [-] [Omitted by Haryana Act No 23 of 2003.] ### 92. Taxation of union properties. - Notwithstanding anything contained in the foregoing provisions of this Chapter, lands and buildings being properties of the Union shall be exempted from the taxes on lands and buildings specified in section 89: Provided that nothing in this section shall prevent the Corporation from levying any of the said taxes on such lands and buildings to which immediately before the 26th January, 1950, they were liable, or treated as liable, so long as that tax continues to be levied by the Corporation on other lands and buildings : Provided further that nothing in this section, shall prevent the Corporation from charging the service charges in lieu of services rendered as per Government of India instructions. ### 93. [ Incidence of tax on lands and buildings. [Substituted by Haryana Act No 23 of 2003.] (1) If any land the been let to a tenant and such tenant has erected building upon the land the tax on lands and buildings payable under clause (a) of sub-section (1) of section 87 in respect of that land and the building erected thereon, shall be primarily payable by the tenant. In case the tenant vacates the said building or land, it shall be the liability of the owner to pay the said tax. Explanation. - The term 'tenant' includes any person deriving title to the land or building erected upon such land from the tenant whether by operation of law or by transfer inter vivos. (2) The assessment, levy and payment of the tax on buildings and lands shall not in any way confer any right, title or interest in the property upon either the owner or the occupier and shall not be a proof of the fact that the building is an authorised one and further that any building or Part thereof which is erected in contravention of the existing building bye-laws or town planning regulations/scheme shall not get regularised by virtue of being assessed to tax on buildings and lands.] ### 94. [ Apportionment of liability of taxes on land and building when premises assessed are let or sub-let. [Section 94 substituted by Haryana Act No. 21 of 2012.] - If any building or land assessed to tax specified in clause (a) of sub-section (1) of section 87 is let or sub-let and amount of rent payable in respect thereof is less than the property tax, then the occupier shall be liable to pay the difference between the amount of the said property tax and the rent paid by him.] ### 95. Recovery of taxes on lands and buildings from occupiers. (1) On the failure to recover any sum due on account of taxes specified in section 89 in respect of any land or building from the person primarily liable therefor under section 93, the Commissioner shall in the prescribed manner recover from every occupier of such land or building by attachment of the rent payable by such occupier, a portion of the total sum due which bears, as nearly as may be, the same proportion to that sum as the rent annually payable by such occupier bears to the total amount of rent annually payable in respect of the whole of the land or building. (2) An occupier from whom any sum is recovered under sub-section (1) shall be entitled to be reimbursed by the person primarily liable for the payment and may in addition to having recourse to other remedies that may be open to him, deduct the amount to be recovered from the amount of any rent from time to time becoming due from him to such person. ### 96. Taxes on lands, buildings a first charge on premises on which they are assessed. - Taxes due under this Act in respect of any land or building shall subject to the prior payment of the land revenue, if any, due to the Government, be a first charge thereon. Explanation. - The term 'taxes' in this section shall be deemed to include the costs of recovery thereof and the penalty, if any, payable as specified in the bye-laws. ### 97. [ Property list. [Section 97 substituted by Haryana Act No. 21 of 2012.] - Save as otherwise provided in this Act, each Corporation shall cause a property list of all lands and buildings in the municipal area to be prepared in such form and manner and containing such particulars with respect to each land and building, as may be prescribed.] ### 98. Evidentiary value of assessment list. - [ - ] [Section 98 omitted by Haryana Act No. 21 of 2012.] ### 99. Amendment of assessment list. (1) The Commissioner may, at any time, amend the [property list] [Substituted for 'assessment list' by Haryana Act No. 21 of 2012.] - (a) by inserting therein the name of any person whose name ought to be inserted; or (b) by inserting therein any land or building previously omitted; (c) by striking out of the name of any person not liable for the payment of taxes on lands and buildings; (d) [\*\*\*] [Clause (d) omitted by Haryana Act No. 21 of 2012.] or (e) by making or cancelling any entry exempting any land or building from liability to any tax; or (f) by altering the assessment on the land or building which has been erroneously valued or assessed through fraud, mistake or accident; or (g) by inserting or altering an entry in respect of any erected, re- erected, altered or added to, after the preparation of [property list] [Substituted for 'assessment list' by Haryana Act No. 21 of 2012.] : Provided that no person shall by reason of any such amendment become liable to pay any tax or increase of tax in respect of any period prior to the commencement of the year in which the notice under sub-section (2) is given. (2) Before making any amendment under sub-section (1) the Commissioner shall give to any person affected by the amendment, notice of not less than one month that he proposes to make the amendment and consider any objection which may be made by such person. ### 100. [ New property list. [Section 100 substituted by Haryana Act No. 21 of 2012.] - It shall be at the discretion of the Corporation to prepare for the whole or any part of the municipality a new property list every year.] ### 101. Notice of transfers. (1) Whenever the title of any person primarily liable for the payment of taxes specified in section 89 on any land and buildings is transferred the persons whose title is transferred and the person to whom the same is transferred shall within three months after execution of the instrument of transfer or after its registration, if it is registered, or after the transfer is effected, if no instrument is executed, give notice of such transfer in writing to the Commissioner. (2) In the event of the death of any person primarily liable as aforesaid, the person on whom the title of the deceased devolves, shall give notice of such devolution to the Commissioner within six months from the date of the death of the deceased. (3) The notice to be given under this section shall be in such form as may be determined by bye-laws made under this Act, and the transferee or the other person on whom the title devolves shall, if so required, be bound to produce before the Commissioner any documents, evidencing the transfer or devolution. (4) Every person who makes a transfer as aforesaid without giving such notice to the Commissioner shall, in addition to any penalty to which he may be subjected to under the provisions of this Act, continue to be liable for the payment of all taxes specified in section 89 from time to time payable in respect of the land or building transferred until he gives such notice or until the transfer has been recorded in the Commissioner's book, but nothing in this section shall be held to affect the liability of the transferee for the payment of the said taxes. (5) The Commissioner shall record every transfer or devolution of title notified to him under this section in his books and in the assessment list. (6) On a written request by the Commissioner, the Registrar or Sub-Registrar, having jurisdiction in the Municipal area, appointed under the Registration Act, 1908, shall furnish such Particulars regarding the registration of instruments of transfer of immovable properties in the Municipal area, as the Commissioner may from time to time require. (7) Such information shall be furnished as soon as may be after the registration of an instrument of transfer is effected, or if the Commissioner so requests, by periodical returns at such intervals as the Commissioner may fix. ### 102. Notice of erection of building, etc. - When any new building is erected or when any building is re-built or enlarged or when any building which has been vacant is re-occupied, the person primarily liable for the taxes specified in section 89 assessed on the building, shall give notice thereof in writing to the Commissioner within fifteen days from the date of its completion or occupation, whichever first occurs or, as the case may be, from the date of its enlargement or re-occupation; and the said taxes shall be assessable on the building from the said date. ### 103. Notice of demolition or removal of building. (1) When any building or any portion of a building, which is liable to the payment of taxes specified in section 89 is demolished or removed, otherwise than by order of the Commissioner, the person primarily liable for the payment of the said taxes, shall give notice thereof in writing to the Commissioner. (2) Until notice is given, by person as mentioned under sub-section (1), he shall continue to be liable to the payment of such taxes as he would have been liable to pay in respect of such building if the same or any portion thereof had not been demolished or removed. ### 104. Power of Commissioner to call for information. (1) To enable the Commissioner to determine the [property tax] [Substituted by Haryana Act No. 21 of 2012 for the words 'annual value' shall be substituted.] of any land or building and the person primarily liable for the payment of any taxes specified in section 89 leviable in respect thereof, the Commissioner may require the owner or occupier of such land or building, or of any portion thereof to furnish him within such reasonable period as the Commissioner fixes in this behalf, with information by such owner or occupier :- (a) as to the name and place of residence of the owner or occupier or of both the owner and occupier of such land or building; (b) as to the measurements of dimensions of such land or building or any portion thereof and the rent, if any, obtained for such land or building or any portion thereof; and (c) as to the actual cost or other specified details connected with the determination of the value of such land or building. (2) Every owner of occupier on whom any such requisition is made shall be bound to comply with the same and to give true information to the best of his knowledge or belief. (3) Whoever omits to comply with any such requisition or fails to give true information to the best of his knowledge or belief shall, in addition to any penalty to which he may be liable, be precluded from objecting to any assessment made by the Commissioner in respect of such land or building of which he is the owner or occupier. ### 105. Premises owned by or let to, two or more persons in severalty to be ordinarily assessed as one property. - Notwithstanding that any land or building is owned by, or let to, two or more persons in severalty, the Commissioner shall for the purpose of assessing such land or building to taxes specified in section 89 treat the whole of it as one property : Provided that the Commissioner may, in respect of any land or building which was originally treated as one property but which subsequently passes on by transfer, succession on in any other manner to two or more persons who divide the same into several Parts and occupy them in severalty, treat, subject to any bye-law made in this behalf each such several Parts, or two or more of such several Parts together, as a separate property and assess such Part or Parts to the said taxes accordingly. ### 106. Assessment in case of amalgamation of premises. - If any land or building, bearing two or more municipal numbers, or portions thereof, be amalgamated into one or more new premises, the Commissioner shall on such amalgamation assign to them one or more numbers and assess them to taxes specified in section 89 accordingly : Provided that the total assessment on amalgamation shall not be greater than the sum of the previous assessments of the several premises except when there is any re-valuation of any of the said premises. ### 107. Power of Commissioner to assess separately out-houses and portion of buildings. - The Commissioner may in his discretion assess any out-houses appurtenant to a building, or any portion of a land or building separately from such building or, as the case may be, from the rest of such land or building. ### 108. Power of Commissioner to employ valuers. (1) The Commissioner may, if he thinks fit, employ one or more competent persons to give advice or assistance in connection with the valuation of any land or building, and any person so employed shall have power, at all reasonable times and after giving due notice, and on production, if so required, of authorisation in writing in that behalf from the Commissioner, to enter on, survey and value any land or building which the Commissioner may direct him to survey and value. (2) No person shall wilfully delay or obstruct any such person in the exercise of any of his powers under this section. ### 109. Levy of octroi or tax levied in lieu of octroi. [Section 109 omitted by Haryana Act No. 2 of 2000.] ### 110. Power to examine articles liable to octroi. - [Section 110 omitted by Haryana Act No. 2 of 2000.] ### 111. Power to search where octroi leviable. - [Omitted by Haryana Act No. 2 of 2000.] ### 112. Penalty for evasion of octroi. - [Omitted by Haryana Act No. 2 of 2000.] ### 113. Recovery toll or taxes. - [(1) In case of non payment of tax or of any toll on demand, the officer empowered to collect the same or any other officer duly authorised by the Government or the Corporation in this behalf, may seize any article on which the tax is chargeable or any vehicle or animal on which the toll is chargeable, or any Part of its burden of sufficient value to satisfy the demand.] [Sub section (1) substituted by Haryana Act No. 2 of 2000.] (2) The Corporation after the lapse of five days from the seizure and after the issue of a proclamation fixing the time and place of sale may cause any property so seized, or so much thereof, as may be necessary to be sold by auction to satisfy the demand with the expenses occasioned by the seizure, custody and sale thereof, unless the demand and expenses are in the meantime paid : Provided that, by order of the Commissioner articles of a perishable nature which cannot be kept for five days without serious risk of damage may be sold after the lapse of such shorter time as he may, having regards to the nature of the articles think proper. ### 114. Tax on vehicles and animals. (1) A tax under clause (b) of sub-section (2) of section 87 shall be levied at rates specified, from time to time by the Government in this behalf on - (a) vehicles, other than motor vehicles, and other conveyances plying for hire and kept within the Municipal area; (b) animals used for riding, driving, draught or load when kept within the Municipal area. (2) A vehicle or animal kept outside the limits of the Municipal area but regularly used within such limits shall be deemed to be kept for use in the Municipal area. ### 115. Tax on whom leviable. - The tax on vehicles or animals shall be leviable upon the owner of, or the persons having possession or control of, such vehicles or animals in respect of which the tax is leviable. Provided that in the case of an animal generally used or employed in drawing any vehicle, the tax in respect of such animal, shall be leviable upon the owner of, or the persons having possession or control of, such vehicles, whether or not such animal is owned by such owner or person. ### 116. Exemption from taxes on vehicle and animals. (1) The tax under clause (a) of sub-section (1) of section 114 shall not be leviable in respect of - (a) vehicles belonging to the Corporation, Government or the Union of India; (b) vehicles used exclusively for the conveyance free of charge of the injured, the sick or the dead; (c) vehicles kept by bona fide dealers in vehicles merely for sale, and not for use. (2) The tax under clause (b) of sub-section (1) of section 114 shall not be leviable in respect of animals belonging to the Corporation, Government or the Government of India. ### 117. Levy of development tax. - The Corporation shall charge development tax on the increase in the value of the land or building comprised in a scheme put into operation within the Municipal area under Chapter XIX, but not actually required for the execution thereof. ### 118. Amount of development tax. (1) The development tax shall be an amount equal to one-half of the difference between the market value of the land or building on the date specified in the notification issued under sub-section (2) and the market value on such land or building on or immediately before the date on which the scheme after sanction is finally notified under Chapter XIX. Provided that for the purpose of calculation under this section the land shall be treated as free of all buildings. (2) The Government shall, by notification in the Official Gazette, declare the date on which scheme shall be deemed to have been completed. ### 119. Payment of development tax. - Every owner of land or building mentioned in section 117 or any person having an interest therein in respect of the increase in the value of such land or building, shall in the manner hereinafter provided, pay to the Corporation such development tax as may be assessed by the Commissioner. ### 120. Assessment of development tax. (1) The Commissioner or an officer authorised by him in this behalf shall at any time after the publication of the notification under sub-section (2) of section 118 assess the amount of development tax payable by the persons concerned and shall give a notice in writing to such person stating the amount of the tax and instalments, if any, and the dates on which the tax shall be paid together with such other Particulars as may be necessary. (2) Any person on whom a notice of assessment is served under sub-section (1) may, within one month from the date of service of such notice file an objection against such assessment before the Commissioner or an officer authorised by him in this behalf : Provided that an objection may be entertained after the expiry of the period of one month if the Commissioner or an officer authorised by him under sub- section (1) is satisfied that the failure to file objections was due to any cause beyond the control of the objector. (3) After an opportunity has been given to the objector of being heard, the Commissioner or an officer authorised under sub-section (1) shall decide the objection and may then confirm, modify or cancel the assessment. (4) If the person on whom a notice of assessment is served under sub-section (1) fails to file an objection under sub-section (2), the order of assessment shall be conclusive and shall not be questioned before any Court or Tribunal. ### 121. Fee on advertisements. (1) Every person, who erects, exhibits, fixes or retains upon or over any land, building, wall, boarding, frame, post or structure or upon or in any vehicle any advertisement or, who displays any advertisements to public view in any manner whatsoever, visible from a public street or public place (including any advertisement exhibited by mean of cinematograph) shall pay for every advertisement which is so erected, exhibited, fixed or retained or so displayed to public view, a fee calculated at such rates, as may, from time to time, be specified by the Government : Provided that no fee shall be levied under this section on any advertisement which- (a) appears in newspapers, relates to a public meeting, or to an election to Parliament or Legislative Assembly or the Corporation or to candidature in respect of such election; or (b) is exhibited within the window of any building if the advertisement relates to the trade, profession or business carried in that building; or (c) relates to the trade, profession or business carried on within the land or building upon or over which such advertisement is exhibited or to any sale or letting of such land or building or any effects therein or to any sale, entertainment or meeting to be held on or upon or in the same; or (d) relates to the name of the land or building upon or over which the advertisement is exhibited, or to the name of the owner or occupier of such land or building; or (e) relates to the business of a railway administration and is exhibited within any railway station or upon any wall or other property of the railway administration; or (f) relates to any activity of the Government or Union of India or the Corporation. (2) The fee on any advertisement leviable under this section shall be payable in advance in such number of instalments and in such manner as may be determined by bye-laws made in this behalf. Explanation 1. - The world 'structure' in this section includes any movable board on wheels used as an advertisement or an advertisement medium. Explanation 2. - The word 'advertisement' in relation to fee on advertisement under this Act means any word, letter, model, sign, placard, notice, device or representation whether illuminated or not, in the nature of and employed wholly or in Part for the purposes of advertisement, announcement or direction. ### 122. Prohibition of advertisement without written permission of Commissioner. (1) No advertisement shall be erected, exhibited, fixed or retained or upon or over any land, building, wall, boarding, frame, post or structure or upon in any vehicle or shall be displayed in any manner whatsoever in any place within the Municipal area without the written permission of the Commissioner granted in accordance with bye-laws made under this Act. (2) The Commissioner shall not grant such permission, if - (a) the advertisement contravenes any bye-law made under this Act; or (b) the fee, if any, due in respect of the advertisement has not been paid. (3) Subject to the provisions of sub-section (2) in the case of an advertisement liable to the advertisement fee, the Commissioner shall grant permission for the period to which the payment of the fee relates and no fee shall be charged in respect of such permission. ### 123. Permission of Commissioner to become void in certain cases. - The permission granted under section 122 shall become void in the following cases, namely:- (a) if the advertisement contravenes any bye-law made under this Act; (b) if any material change is made in the advertisement or any Part thereof without the previous permission of the Commissioner; (c) if the advertisement or any Part thereof falls otherwise than through accident; (d) if any addition or alteration is made to, or in the building, walls, boarding, frame, post or structure upon or over which the advertisement is erected, exhibited, fixed or retained if such addition or alteration involves the disturbance of the advertisement or any Part thereof; and (e) if the building, wall, boarding, frame, post or structure over which the advertisement is erected, exhibited, fixed or retained is demolished or destroyed. ### 124. Presumption in case of contravention. - Where any advertisement has been erected, exhibited, fixed or retained upon or over any land, building, wall, boarding, frame, post or structure or upon or in any vehicle or displayed to public view from a public street or public place in contravention of the provisions of this Act or any bye-laws made thereunder, it shall be presumed, unless and until contrary is proved, that the contravention has been committed by the person or the persons on whose behalf the advertisement purports to be or the agents of such person or persons. ### 125. Power of Commissioner in case of contravention. - If any advertisement is erected, exhibited, fixed or retained in contravention of the provisions of section 122, the Commissioner may require the owner or occupier of the land, building, wall, boarding, frame, post or structure or vehicle upon or over or in which the same is erected, exhibited, fixed or retained, to take down or remove such advertisement or may enter any land, building, property or vehicle and have the advertisement dismantled, taken down or removed or spoiled, defaced or screened. ### 126. Fee on building applications. - Every person who makes an application to the Commissioner for the sanction of a building plan shall pay along with the application, fee at such rate as may, from time to time, be specified by the Government. ### 127. Time and manner of payment of taxes or fees. - Save as otherwise provided in this Act, any tax or fee levied under this Act, shall be payable on such dates, in such number of instalments and in such manner as may be determined by bye-laws in this behalf: Provided that if the tax or fee is not paid within one month of the due date, an interest at the rate of [one and a half per centum] [Substituted by Haryana Act No. 21 of 2012 for the words 'one per centum'.] per month shall be charged for every calendar month or Part thereof. ### 128. Presentation of bill of tax or fee. (1) When any tax or fee has become due, the Commissioner shall cause to be presented to the person liable for the payment thereof, a bill for the amount due : Provided that no such bill shall be necessary in the case of - (a) tax on vehicles and animals; (b) show-tax. (c) [ property tax.] [Added by Haryana Act No. 21 of 2012.] (2) Every such bill which shall be in the prescribed form shall for the purposes of this Act be considered a notice of demand and shall specify the Particulars of the tax or fee and the period for which the charge is made. (3) If the amount specified in the bill is paid within a period of fifteen days from the presentation thereof, a rebate of [ten] [Substituted for 'five' by Haryana Amending Act No. 3 of 1996.] per cent shall be allowed in the amount of tax or fee: [Provided that no rebate shall be allowed in case of property tax.] [Proviso added by Haryana Act No. 21 of 2012.] (4) If the tax on vehicles and animals or the show-tax is not paid after it has become due, the Commissioner may cause to be served upon the person liable for the payment of the same a notice of demand in the prescribed form. (5) For every notice of demand served under sub-section (4) a fine of such amount not exceeding fifteen rupees as may be determined by bye-laws made in this behalf shall be payable by the person on whom the notice is served and shall be included in the costs of recovery. ### 129. Consequences of failure to pay tax or fee within thirty days. - If the person liable for the payment of any tax or fee does not within thirty days from the service of the notice of demand under sub-section (2) or sub-section (3) of section 128, pay the same, the tax or fee together with the costs of recovery shall be recoverable in the manner provided hereinafter. ### 130. Manner of recovering tax or fee. - Any sum due on account of tax or fee payable under this Act may be recovered, together with costs of recovery, by all or any of the following processes, in the manner prescribed - (i) as arrears of land revenue; (ii) by distraint and sale of a defaulter's movable property; (iii) by the attachment and sale of a defaulter's immovable property; (iv) in the case of octroi and toll, by the seizure and sale of goods and vehicles; (v) in the case of taxes on lands and buildings by the attachment of rent due in respect of the property; and (vi) by a suit. ### 131. Power of seizure of vehicles and animals in case of non-payment of tax thereon. (1) If the tax on any vehicle or animal is not paid, then instead of proceeding against the defaulter by distraint and sale of his other movable property, the Commissioner may, at any time after the tax has become due, seize and detain the vehicle or animal or both, and if the owner or other person entitled thereto does not within seven days in respect of vehicle and two days in respect of an animal from the date of such seizure and detention, claim the same and pay the tax due together with the charges incurred in connection with the seizure and detention, the Commissioner may cause the same to be sold and apply the proceeds of the sale or such Part thereof as is required in the discharge of the sum due and the charges incurred as aforesaid. (2) The surplus, if any, remaining after the application of the sale proceeds under sub-section (1) shall, immediately after the sale of the property, be credited to the Corporation Fund and notice of such credit shall be given at the same time to the person whose property has been sold or his legal representative and if the same, is claimed by written application to the Commissioner within one year from the date of the notice, a refund thereof shall be made to such person or his representative. (3) Any surplus not claimed within one year as aforesaid shall be the property of the Corporation. ### 132. Demolition, etc. of building. - If any building is wholly or Partly demolished or destroyed or otherwise deprived of value, the Commissioner may, on the application in writing of the owner or occupier, remit or refund such portion of any tax assessed on the rateable value thereof as he thinks fit. ### 133. - [\*\*\*] Section 133 of Haryana Act [16 of 1994 Omitted by Haryana Act No. 21 of 2012.] ### 134. - [\*\*\*] Section 134 of Haryana Act [16 of 1994 Omitted by Haryana Act No. 21 of 2012.] ### 135. - [\*\*\*] Section 135 of Haryana Act [16 of 1994 Omitted by Haryana Act No. 21 of 2012.] ### 136. - [\*\*\*] Section 136 of Haryana Act [16 of 1994 Omitted by Haryana Act No. 21 of 2012.] ### 137. - [\*\*\*] Section 137 of Haryana Act [16 of 1994 Omitted by Haryana Act No. 21 of 2012.] ### 138. Appeal against assessment etc. (1) An appeal against the levy or assessment of any tax under this Act, shall lie to the Divisional Commissioner, and every such appeal shall subject to the provisions of this Act, be received, heard and disposed of by him. (2) In every repeal, the costs shall be in the discretion of the appellate authority. (3) Costs awarded under this section to the Corporation shall be recoverable by the Corporation as an arrears of tax due from the appellant. (4) If the Corporation fails to pay any costs awarded to an appellant within ten days after the date of the order for payment thereof, the appellate authority may order the Commissioner to pay the amount to the appellant. ### 139. [ Conditions of right to appeal. [Substituted by Haryana Act No. 21 of 2012.] - No appeal shall be entertained under section 138 unless the amount, if any, in dispute in the appeal has been deposited by the appellant in the office of the Corporation.] ### 140. Finality of appellate orders. - Any person aggrieved by an order passed in appeal under section 138 may, within thirty days of the communication to him of such order, make an application in writing to the Government for revision against the said order and the Government may confirm, alter or rescind the said order : Provided that the Government shall not pass an order under this section prejudicial to any person without giving such person a reasonable opportunity of being heard. ### 141. Taxation not to be questioned except under this Act. (1) No objection shall be taken to any valuation or assessment, nor shall the liability of any person to be assessed or taxed be questioned in any other manner or by any other authority otherwise than as provided in this Act. (2) No refund of any tax shall be claimable by any person otherwise than in accordance with the provisions of this Act and the rules made thereunder. ### 142. Power to inspect for purposes of determining the [property tax] [Substituted by Haryana Act No. 21 of 2012 for the words 'annual value'.] or tax or fee. (1) The Commissioner or any other person authorised by him in this behalf, may without giving any previous notice, enter upon and make an inspection of - (a) any land or building for the purpose of determining the rateable value of such land or building; (b) any stable, garage, or coach house or any place wherein he may have reason to believe that there is any vehicle or animal liable to a tax or fee under this Act; (c) any place or premises which he has reason to believe are being used or are about to be used for any performance or show in respect of which the show-tax is payable or would be payable; or (d) any land, building or vehicle in or upon which any advertisement liable to fee under this Act is exhibited or displayed. (2) The Commissioner may, by written summons, require the attendance before him of any person whom he has reason to believe to be liable to the payment of a tax in respect of a vehicle or animal, or of any servant of any such person and may examine such person or servant as to the number and description of vehicles and animals owned by or in the possession or under the control of such person; and every person or servant of such person so summoned shall be bound to attend before the Commissioner and to give information to the best of his knowledge and belief as to the said matters. ### 143. Composition. (1) Subject to the rules made in this behalf, the Commissioner may, with the previous sanction of the Corporation, allow any person to compound any tax for a period not exceeding one year at a time. (2) Every sum due by reason of the composition of a tax under sub-section (1) shall be recovered as an arrears of tax under this Act. ### 144. Irrecoverable debts. (1) The Commissioner may write off any sum due on account of any tax or of the costs of recovering any tax if such sum is, in his opinion, irrecoverable: Provided that no sum exceeding one thousand rupees shall be written off in favour of any one person without the previous sanction of the Corporation. (2) The Commissioner shall report to the Corporation every case in which any sum has been written off under sub-section (1). ### 145. Obligation to disclose liability. (1) The Commissioner may, by written notice, call upon any person in the Municipal area to furnish such information as may be necessary for the purpose of a ascertaining - (a) whether such inhabitant is liable to pay any tax or fee imposed by the Corporation under this Act; (b) at what amount he should be assessed; or (c) the [\*\*\*] [Word 'annual' omitted by Haryana Act No. 21 of 2012.] value of the land or building which he occupies and the name and address of the owner or lessee thereof. (2) If any person when called upon under sub-section (1) to furnish information neglects to furnish it within the period specified in this behalf by the Commissioner or furnishes information which is not true to the best of his knowledge or belief, he shall be liable, in addition to any penalty which may be imposed under this Act, to be assessed at such amount on account of tax or fee as the Commissioner may deem proper. ### 146. [ Amendment of property list. [Substituted by Haryana Act No. 21 of 2012.] (1) The authority may at any time amend the property list by inserting the name of any person whose name ought to have been or ought to be inserted, or by inserting any property which ought to have been or ought to be inserted, or by altering the details of any property which has been erroneously valued or assessed through fraud, accident or mistake, whether on the part of the authority or of the assessee, or in the case of a tax payable by the owner or the occupier by a change in the tenancy, after giving notice to any person affected by the amendment of a time, not less than one month from the date of service, at which the amendment is to be made. Explanation. - For the purposes of this sub-section, the authority means the Zonal Taxation Officer or any officer authorized by the Commissioner of Municipal Corporation. (2) Any person interested in any such amendment may tender his objection to the Corporation in writing before the time fixed in the notice or orally or in writing at that time and shall be allowed an opportunity of being heard in support of the same in person, or by authorized agent, as he may think fit.] ### 147. Immaterial error not to effect liability. - No assessment and no charge or demand on account of any tax shall be impeached or affected by reason only of any mistake in the name, residence, place of business or occupation of any person liable to pay the tax or in the description of the property or thing, or of any mistake in the amount of the assessment, charge or demand, or by reason only of clerical error or other defect of form, if the directions contained in this Act, and the bye-laws made thereunder have in substance and effect been complied with; and it shall be enough in the case of any such tax on property or any assessment of value for the purpose of any such tax, if the property taxed or assessed is so described as to be generally known, and it shall not be necessary to name the owner or occupier thereof. ### 148. Power of exemption. - The Corporation may, by resolution passed in this behalf, exempt, in whole or in Part for any period not exceeding one year from the payment of any tax, any person who by reason of poverty may in its opinion, be unable to pay the same, and may renew such exemption as often as may be necessary. ### 149. Power of Government in regard to taxes. (1) The Government may by order exempt in whole or in Part from the payment of any tax any person or class of persons or any property or description of property. (2) If at any time it appears to the Government, on complaint made or otherwise, that any tax imposed is unfair in its incidence or that the levy thereof or of any Part thereof is injurious to the interests of the general public, it may require the Corporation to take within a specified period, measures to remove the objections; and, if within that period the requirement is not complied with to the satisfaction of the Government, the Government may, by notification suspend the levy of the tax or such Part thereof until the objection has been removed. Chapter IX Borrowing ------------------------- ### 150. Power of Corporation to borrow. (1) The Corporation may, in pursuance of any resolution passed by it, borrow by way of debenture or otherwise on the security of any immovable property vested in it or proposed to be acquired by it or of all or any of the taxes, rates, ceses, fees and charges authorised by or under this Act, or from public financial institutions, any sums of money which may be required - (a) for acquiring any land which it has power to acquire; (b) for erecting any building which it has power to erect; (c) for the execution of any permanent work, the provision of any plant, or the doing of any other thing which it has power to execute, provide or do, if the cost of carrying out the purpose in question ought to be spread over a term of years; (d) to pay off any debt due to the Government; (e) to repay a loan previously raised under this Act or any other Act previously in force; or (f) for any other purpose for which the Corporation is, by virtue of this Act or any other law for the time being in force, authorised to borrow : Provided that - (i) no loan shall be raised without the previous sanction of the Government; (ii) the amount of loan, the rate of interest and the terms including the date of floatation, the time and method of the repayment and the like shall be subject to the approval of the Government. (2) When any sum of money has been borrowed under sub-section (1), no portion of any sum of money borrowed for any of the purposes referred to in clause (c) of sub-section (1) shall be applied to the payment of salaries and allowances to any Corporation officers or other Corporation employees other than those exclusively employed in connection with the carrying out of that purpose. (3) The Corporation shall be deemed to be a local authority for the purpose of Local Authorities Act, 1914 (Central Act 9 of 1914). ### 151. Time for repayment of money borrowed under section 150. - The time for the repayment of any money borrowed under section 150 shall in no case exceed sixty years and the time for repayment of any money borrowed for the purpose of discharging any previous loan shall not, except with the express sanction of the Government, extend beyond the unexpired portion of the period for which such previous loan was sanctioned. ### 152. Form and affects of debentures. - All debentures issued under this Chapter shall be in such form as the Corporation may, with the previous sanction of the Government, determine and shall be transferable in such manner as shall be expressed, therein, and the right to sue in respect of the money secured by any of such debentures shall vest in the holders thereof for the time being without any preference by reason of some of such debentures being prior in date to others. ### 153. Payment to survivors of joint payees. - When any debenture or security issued under this Act is payable to two or more persons jointly and either or any of them dies, then notwithstanding anything contained in section 45 of the Indian Contract Act, 1872, the debenture or security shall be payable to the survivors of such person : Provided that nothing in this section shall affect any claim by the legal representative of a deceased person against such survivor or survivors. ### 154. Receipt by joint olders for the interest or dividend. - When two or more persons are joint holders of any debenture or security issued under this Act, any one of such persons may give an effectual receipt for any interest or dividend payable in respect of such debenture or security, unless notice to the contrary has been given to the Corporation by the other persons. ### 155. Maintenance and investment of sinking funds. (1) The Corporation shall maintain sinking funds for the repayment of money borrowed on debentures issued and shall pay every year into such sinking funds such sum as will be sufficient for the repayment within the period fixed for the loan of all moneys borrowed on the debentures issued. (2) All moneys paid into the sinking funds shall, as soon as possible, be invested by the Commissioner in public securities and every such investment shall be reported by the Commissioner to the Corporation within fifteen days. (3) All dividends and other sums received in respect of any such investment shall, as soon as possible after receipt, be paid into the sinking funds and invested in the manner laid down in sub-section (2). (4) Any investment made under this section may, subject to the provisions of sub-section (2), be varied or transposed. ### 156. Application to sinking fund. - A sinking fund or any Part thereof shall be applied in or towards the discharge of loan or a Part of the loan for which such fund was created, and until such loan or Part is wholly discharged shall not be applied for any other purpose. ### 157. Annual statement by Commissioner. (1) The Commissioner shall, at the end of every year, submit to the Corporation a statement showing, - (a) the amount which has been invested during the year under section 155; (b) the date of the last investment made previous to the submission of the statement; (c) the aggregate amount of the securities then in his hand; and (d) the aggregate amount which has up to the date of the statement been applied under section 156, in or towards discharging loans. (2) A copy of every such statement shall also be submitted to the Government. ### 158. Priority of payment for interest and repayment of loans over other payments. - All payments due from the Corporation on account of interest and repayment of loans shall be made in priority to all other payments due from the Corporation. ### 159. Attachment of Corporation fund for recovery of money borrowed from Government. (1) If any money borrowed or deemed to have been borrowed by the Corporation from the Government or any interest or costs due in respect thereof be not repaid according to the conditions of the loan, the Government may attach the Corporation Fund or any Part thereof. (2) After such attachment no person except an officer appointed in this behalf by the Government shall in any way deal with the attached fund; but such officer may do all acts in respect thereof which any Corporation authority, officer or other employee might have done if such attachment had not taken place and may apply the proceeds in satisfaction of the arrears and of all interests and costs due in respect thereof and of all expenses caused by the attachment and subsequent proceedings: Provided that no such attachment shall defeat or prejudice any debt for which the fund was previously charged in accordance with law; and all such prior charges shall be paid out of the proceeds of the funds before any Part of the proceeds is applied to the satisfaction of the debt due to the Government. ### 160. Power to make regulations. - The Corporation may make regulations to carry out the purposes of this Chapter including, in Particular, the issue of duplicate in case of loss of debentures by theft, destruction or otherwise, and renewal of debentures on payment of fees prescribed in this behalf by such regulations. ### 161. Property vested in Corporation and management of public institutions. (1) Subject to any special reservation made or to any special conditions imposed by the Government, all property of the nature hereinafter in this section specified and situated within the Municipal area, shall vest in and be under the control of the Corporation, and with all other property, which vests in the Corporation by virtue of the provisions of this Act or any other law for the time being in force, shall be held and applied by it for the purposes of this Act, that is to say,- (a) all such public town, walls, gates, markets, stalls, slaughter houses, manure and depots and public buildings of every description as have been constructed or are maintained out of the Corporation Funds; (b) all public streams, springs and works for the supply, storage and distribution of water for public purposes, and all bridges, buildings, engines, materials and things connected therewith or appertaining thereto, and also any adjacent land (not being private property) appertaining to any public tank or well; (c) all public sewers and all drains, and sewers, culverts and water courses in or under any public street, or constructed by or for the Corporation alongside any public street, and all works, materials and things appertaining thereto; (d) all public lamps, lamp-posts and apparatus connected therewith or appertaining thereto; (e) all land or other property transferred to the Corporation by the Government or acquired by gift, purchase or otherwise for public purposes; (f) all public streets, not being land owned by Government and the pavements, stones and other materials thereof, and also trees growing on and erections, materials, implements and things provided for such streets; (fa) [ all the properties, funds and dues alongwith all the legal liabilities of the trust dissolved under sub-section (1) of section 105, vested in the State Government under clause (b) of sub-section (2) and transferred to the municipality under the proviso to clause (d) of sub-section (2) of section 105 of the Haryana Town Improvement Act, 2008 (36 of 2008);] [Inserted by Haryana Act No. 12 of 2013, dated 26.9.2013.] (g) [ Shamlat Deh.] [Clause (g) inserted by Haryana Act No. 18 of 1999.] (2) Where any immovable property is transferred otherwise than by sale by the Government to the Corporation for public purpose, it shall be deemed to be a condition of such transfer, unless specially provided to the contrary that should the property be at any time resumed by Government, the compensation payable therefor shall in no case exceed the amount, if any, paid to the Government for the transfer, together with the cost or the present value whichever shall be less, of any buildings erected, other works executed on the land by the Corporation. (3) The Corporation shall maintain a register and a map of immovable property of which it is the proprietor or which vests in it, or which it holds in trust for the Government. (4) The management, control and administration of every public institution maintained out of the Corporation Fund shall vest in the Corporation. (5) When any public institution has been placed under the direction, management and control of the Corporation, all property, endowments and funds belonging thereto shall be held by the Corporation in trust for the purposes to which such property, endowments and funds were lawfully applicable at the time when the institution was so placed: Provided that the extent of the independent authority of the Corporation in respect of any such institution may be prescribed by the Government. Chapter X Properties and Contracts --------------------------------------- ### 162. Request for acquisition of land by the Corporation. - When any land, whether within or without the limits of the Corporation is required for the purposes of this Act the Commissioner shall request the Government to acquire it under the provisions of the Land Acquisition Act, 1894. ### 163. Acquisition of immovable property by the Government. - Whenever a request is received by the Government, the Government shall acquire the land under the provisions of the Land Acquisition Act, 1894, on payment of compensation by the Corporation awarded under that Act and of the charges incurred by the Government in connection with the proceedings, whereafter the land shall vest in the Corporation. ### 164. Disposal of Property. - With respect to the disposal of property belonging to the Corporation, the following provisions shall have effect, namely :- (a) the Commissioner may, - (i) dispose of by sale or otherwise, any movable property belonging to the Corporation the value of which does not exceed twenty thousand rupees; (ii) grant a lease not exceeding a period of 10 years, of any immovable property belonging to the Corporation; or (iii) sell or grant a lease in perpetuity of any immovable property belonging to the Corporation the value of which does not exceed twenty thousand rupees or the annual rent of which does not exceed ten thousand rupees; (b) in cases not covered by clause (a) the Commissioner may, with the sanction of the Government on recommendation of the Corporation, lease, let out on hire or otherwise transfer any property movable or immovable belonging to the Corporation; (c) [ the consideration for which any immovable property may be sold, leased or otherwise transferred shall not be less than the value at which such immovable property could be sold, leased or otherwise transferred in normal and fair competition: [Substituted by Haryana Act No. 18 of 2018, dated 19.4.2018] Provided that in case of transfer of immovable property to Government Department by way of sale or lease or otherwise, the property may be transferred at collector rate, subject to prior approval from the Government: Provided further that in case of transfer of shop and house to individual, who is in possession of such property for the last twenty years, by way of rent or lease or otherwise, the property may be transferred at collector rate by way of sale, subject to prior approval of such authority, as may be prescribed.] (d) the sanction of the Government under the aforesaid clauses may be given either generally for any class of cases or specially for any Particular case; (e) subject to any condition or limitation that may be specified by or under any other provision of this Act, the foregoing provisions of this section shall apply to every disposal of property belonging to the Corporation made under, or for any purposes of this Act; (f) every case of disposal of property under clause (a) shall be reported by the Commissioner without delay to the Corporation. ### 165. Contracts by Corporation. (1) Subject to the provisions of section 166 the Corporation shall be competent to enter into and perform any contract necessary for the purposes of this Act. (2) The contracts by the Corporation under this Act would be made in the manner prescribed. ### 166. Procedure for making contracts. - With respect to the making of contracts, the following provisions shall have effect, namely :- (a) every such contract shall be made on behalf of the Corporation by the Commissioner ; (b) no such contract, for any purpose which in accordance with any provision of this Act the Commissioner may not carry out without the approval or sanction of the Corporation, shall be made by him until and unless such approval or sanction has been duly obtained; (c) [ every contract involving an expenditure not exceeding twenty lac rupees in value or such other higher amount as the Government may fix, may be made by the Commissioner;] [Substituted by Haryana Act No. 13 of 2007.] (d) no contract, other than a contract falling under clause (c) shall be valid unless the same has been made with the prior approval of the Corporation: Provided that contracts exceeding [Rs. 50 lacs] [Substituted for Rs. 10 lacs by Haryana Act No. 13 of 2007.] in value or such other higher amount as the Government may fix, shall be entered into by the Corporation only after prior approval of the Government. ### 167. Mode of executing contracts. (1) The mode of executing contracts under this Act shall be prescribed by bye-laws made in this behalf. (2) No contract which is not made in accordance with the provisions of this Act and the bye-laws made thereunder shall be binding on the Corporation. Chapter XI Accounts and Audit ---------------------------------- ### 168. Maintenance of accounts and scrutiny thereof by Examiner, Local Fund Accounts, Haryana and by Corporation. (1) There shall be kept in such manner and in such form as may be prescribed by regulations accounts of receipts and expenditure of the Corporation. (2) Till regulations as mentioned in sub-section (1) are framed, the provisions of the Municipal Account Code, 1930, presently in force in respect of the Municipal Committees shall be applicable. (3) The Examiner, Local Fund Accounts, Haryana, shall conduct day to day examination and audit of the Corporation accounts and shall furnish monthly report thereon to the Corporation who shall publish monthly an abstract of the receipts and expenditure of the month last preceding, signed by the Mayor or in his absence by the Senior Deputy Mayor or in the absence of both by the Deputy Mayor and by the Examiner, Local Fund Accounts, Haryana. (4) For the purpose of examination and audit of the Corporation accounts the Examiner, Local Fund Accounts, Haryana shall have access to all the Corporation accounts and to all records and correspondence relating thereto and the Commissioner shall forthwith furnish to the Examiner, Local Fund Accounts, Haryana, any explanation concerning any receipts or expenditure which they may call for. ### 169. Report by Examiner, Local Fund Accounts, Haryana. (1) The Examiner, Local Fund Accounts, Haryana shall - (a) report to the Corporation any material impropriety or irregularity which he may at any time observe in the expenditure or in the recovery of moneys due to the Corporation or in the Corporation accounts; (b) furnish to the Corporation such information as it may from time to require concerning progress of the audit. (2) On receipt of the report under sub-section (1) the Corporation shall take such action thereon as may be deemed necessary. (3) As soon as may be after the commencement of each year, the Examiner, Local Fund Accounts, Haryana shall deliver to the Corporation, a report of the entire Corporation accounts for the previous year. (4) The Commissioner shall cause the said report to be printed and shall forward as soon as may be a printed copy thereof to each member. ### 170. Action by Commissioner on the report. (1) The Commissioner shall, as soon as may be, remedy defects or irregularities, if any, pointed out in the said report and shall also forward without delay to the Government so many copies of the said report as may be required by the Government with a brief statement of the action, if any taken or proposed to be taken thereon. (2) If there is a difference of opinion between the Examiner, Local Fund Accounts, Haryana and the Commissioner or if the Commissioner does not remedy the defects or regularities pointed out in the report within a reasonable period the Examiner shall refer the matter to the Secretary, Local Government DePartment whose decision shall be final and binding. ### 171. Procedure to be followed by Examiner, Local Fund Accounts, Haryana. (1) The Examiner, Local Fund Accounts, Haryana shall audit the accounts of the Corporation with the assistance of officers and other employees subordinate to him. (2) In the discharge of his functions under this section, the Examiner, Local Fund Accounts, Haryana, shall - (a) audit the accounts of expenditure of the Corporation and shall ascertain whether moneys shown therein as having been disbursed were legally available for, and applicable to the service or purpose to which they have been applied or charged, and whether the expenditure conforms to the authority which governs it; (b) audit the accounts of debt, deposits, sinking funds, advances, suspense and remittance transactions of the Corporation and report upon the accounts and upon the results of verification of the balances relating thereto. (3) The Examiner, Local Fund Accounts, Haryana shall examine and audit the statement of accounts relating to the commercial services conducted in any dePartment of the Corporation, including the trading, manufacturing and profit and loss accounts, and the balance-sheets where such accounts are maintained under the order of the Corporation, and shall certify and report upon these accounts. (4) The Examiner, Local Fund Accounts, Haryana, shall in consultation with the Commissioner and subject to any directions given by the Government determine the form and manner to which his reports on the accounts of the Corporation shall be prepared and shall have authority to call upon any officer of the Corporation to provide any information necessary for the preparation of these reports. ### 172. Power of Examiner, Local Fund Accounts, Haryana to make queries etc. and call for returns etc. (1) The Examiner, Local Fund Accounts, Haryana may make such queries and observations in relation to and of the accounts of the Corporation which he is required to audit and call for such vouchers, statements, returns and explanations in relation to such accounts as he may think fit. (2) Every such query or observation as aforesaid shall be promptly taken into consideration by the officer or authority to whom it may be addressed and returned without delay with the necessary vouchers, documents or explanations to the Examiner, Local Fund Accounts, Haryana. (3) The powers of the Examiner, Local Fund Accounts, Haryana with regard to the disapproval of, and the procedure with regard to the settlement of objections to the expenditure from the revenues of the Corporation shall be such as may be prescribed in consultation with the Examiner, Local Fund Accounts, Haryana and the Corporation. (4) If the Examiner, Local Fund Accounts, Haryana considers it desirable, that the whole or any Part of the audit applied to any accounts which he is required to audit, may be conducted in the offices in which those accounts originate, he may require those accounts together with all books and documents having relation thereto, and at all convenient times make available to the officers for inspection. (5) The Examiner, Local Fund Accounts, Haryana shall have the powers to require that any books or other documents relating to the accounts he is required to audit shall be sent for inspection by him : Provided that if the documents are confidential he shall be responsible for preventing disclosure of their contents. (6) The Examiner, Local Fund Accounts, Haryana shall have authority to frame standing orders and to give directions on all matters relating to audit and Particularly in respect of the method and the extent of audit to be applied and the raising and pursuing of objections. Chapter XII Water Supply, Drainage and Sewage Disposal ----------------------------------------------------------- ### 173. Definitions. - In this Chapter, unless the context otherwise requires, the following words and expressions in relation to water supply shall have the respective meanings given below, namely :- (1) "Communication pipe" means - (a) where the premises supplied with water abut on the Part of the street in which the main is laid, and the service pipe enters those premises otherwise than through the outer wall of a building on the street and has a stopcock placed in those premises and as near to the boundary of that street as is reasonably practicable, so much of the service pipe as lies between the main and that stopcock. (b) in any other case, so much of the service pipe as lies between the main and the boundary of the street in which the main is laid, and includes the ferrule at the junction of the service pipe with the main, and also - (i) where the communication pipe ends at a stopcock that stopcock; and (ii) any stopcock fitted on the communication pipe between the end thereof and the main; (2) "main" means a pipe laid by the Corporation for the purpose of giving a general supply of water, individual consumers and includes any apparatus used in connection with such a pipe; (3) "service pipe" means so much of any pipe for supplying water from a main to any premises as is subject to water pressure from that main, or would be so subject but for the closing of some tap; (4) "supply pipe" means so much of any service pipe which is not a communication pipe; (5) "trunk main" means a main constructed for the purposes of conveying water from a source of supply to a filter or reservoir or from one filter or reservoir to another filter or reservoir, or for the purpose of conveying water in bulk from one Part of the limits of supply to another Part of those limits or for the purpose of giving or taking a supply of water in bulk; (6) "water fitting" includes pipes (other than mains), taps, cocks, valves, ferrules, meters, cisterns, baths and other similar apparatus used in connection with the supply and use of water. ### 174. Power to require Corporation to carry out surveys and formulate proposals. - The Government may require the Corporation to - (a) carry out a survey of the existing consumption of and demand for water supplies in the Municipal area and of the water resources in or available for the Municipal area; (b) prepare an estimate of the future water supply requirements of the Municipal area; (c) carry out a survey of the existing quality of sewage disposed of and the manner in which it is disposed of; (d) formulate proposals as to - (i) the existing or future sewage disposal requirements of the Municipal area; (ii) the existing or future sewage disposal requirements in the Municipal area including proposals for the manner in which and the place or places at which such sewage should be carried, treated and disposed of. ### 175. Power to construct additional works. - If the Corporation is of the opinion that the works and other properties for the time being vested in it for the purpose of water supply, drainage and sewage disposal are inadequate for the purpose of sufficient supply of water or for the purpose of proper drainage and efficient disposal of sewage under this Act, it may take steps in accordance with the provisions of this Act for the construction of additional works, whether within or outside the limits of the Corporation and for the acquisition of additional properties for such works. ### 176. Function in relation to water supply. (1) It shall be the duty of the Corporation to take steps from time to time - (a) for ascertaining the sufficiency and wholesomeness of water supplies within the Municipal area; (b) for providing a supply of wholesome water in pipes to every Part of the Municipal area in which there are houses, for the domestic purpose of the occupants thereof, and for taking pipes affording that supply to such point or points as will enable the houses to be connected thereto at a reasonable cost, so, however, that this clause shall not require the Corporation to do anything which is not practicable at a reasonable cost or to provide such supply to any Part of Municipal area where such a supply is already available at such point or points aforesaid; (c) for providing, as far as possible, a supply of wholesome water otherwise than in pipes to every Part of the Municipal area in which there are houses, for the domestic purposes of the occupants thereof and to which it is not practicable to provide a supply in pipes at a reasonable cost, and in which danger to health arises from the insufficiency or unwholesomeness of the existing supply and a public supply is required and can be provided at a reasonable cost, and for securing that such supply is available within a reasonable distance of every house in that Part. (2) If any question arises under clause (b) of sub-section (1) as to whether anything is or is not practicable at a reasonable cost or is to the point or points, to which pipes must be taken in order to enable houses to be connected to them at reasonable cost, or under clause (c) thereof as to whether a public supply can be provided at a reasonable cost the Corporation shall determine that question and thereupon the Commissioner shall give effect to that determination. ### 177. Supply of water to connected premises. (1) The Commissioner may, on application by the owner of any building, arrange for supplying water from the nearest main to such building for domestic purposes in such quantities as he deems reasonable, and may at any time limit the amount of water to be supplied whenever he considers necessary. (2) A Part from the charges for the domestic supply at rates as may be fixed by the Government, additional charges will be payable for the following supplies of water:- (a) for animals or for washing vehicles where such animals or vehicles are kept for sale or hire; (b) for any trade, manufacture or business; (c) for fountains, swimming baths, or for any ornamental or mechanical purposes; (d) for gardens or for purposes of irrigation; (e) for watering roads and paths; (f) for building purposes. ### 178. Power to supply water for non-domestic purposes. (1) The Commissioner may supply water for any purpose other than a domestic purpose on such terms and conditions consistent with this Act and the bye-laws made thereunder as may be laid down in this behalf by the Corporation in receiving a written application specifying the purpose for which the supply is required and the quantity likely to be consumed. (2) The Commissioner may withdraw such supply at any time if it should appear necessary to do so in order to maintain a sufficient supply of water for domestic purposes. ### 179. Making connections with municipal water works. (1) Where an application under section 177 or section 178 has been received, all necessary communication pipes and fittings and be supplied by the Corporation and the work of laying and applying such communication pipes and fittings shall be executed by Corporation agency under the orders of the Commissioner, but the cost of making any such connection and of all communication pipes and fittings so supplied and of all works so executed, shall be paid by the owner or the person making such application. The Corporation may either provide a meter and charge rent for the same or may require the owner or applicant to provide a meter of such size, material and description as it shall approve. (2) Notwithstanding anything contained in sub-section (1), the Commissioner may require any owner or person applying for a supply of water to provide all communication pipes and fittings and to carry out at his own cost under his supervision and inspection all the works of laying and applying such communication pipes and fittings. ### 180. Obligation of owner or occupier to give notice of waste of water. - Any owner or occupier of any building or land in or on which water supplied under this Act is misused from negligence or other circumstances under his control or used without permission in excess of the quantity fixed under section 177 or section 178 or in which the pipes, mains or other works are out of repair to such an extent as to cause waste of water, shall, if he has knowledge thereof, be bound to give notice of the same to such officer as the Corporation may appoint in this behalf. ### 181. Cutting of supply to premises. - If any person whose premises are supplied with water, neglects to pay the water-tax or any sum payable, under section 177 or section 178 when due, or to give notice as provided in the last preceding section, or wilfully or negligently misuses or causes waste of water, the Corporation may cut off the supply of water from the said premises. ### 182. New premises not to be occupied without arrangement for water supply. - It not be lawful for the owner of any premises which may be newly constructed or reconstructed within any portion of the Municipal area, in respect of which the Commissioner has given public notice under clause (b) of section 90, to occupy it or cause or permit it to be occupied until he has obtained a certificate from the Commissioner that there is provided within, or within a reasonable distance of the premises, such supply of wholesome water as appears to the Commissioner to be adequate for the person who may occupy, or be employed in, such premises for their domestic purposes. ### 183. Public gratuitous water supply. (1) The Commissioner may, the approval of the Corporation, may provide gratuitous supply of wholesome water to the public within the municipal area and may, for that purpose, erect public hydrants or other convenience. (2) The Commissioner may, with like approval, close a public hydrant or other convenience when it is no longer required for the supply of wholesome water to the public. ### 184. Power to lay mains. (1) The Commissioner may lay a main whether within or outside the limits of the Corporation - (a) in any street; and (b) with the consent of every owner and occupier of any land not forming Part of a street, in, over or on that land, and may, from time to time in respect, repair, alter or renew or may at any time remove any main so laid whether by virtue or this section or otherwise: Provided that where a consent required for the purpose of this sub- section is withheld, the Commissioner may, after giving the owner of occupier of the land a written notice of his intention so to do, lay the main in, over or on that land even without such consent. (2) Where the Commissioner, in exercise of the powers under this section lays a main, in, over or on any land not forming Part of a street or inspects, repairs, alters, renews or removes a main so laid down in, over or on any such land, he shall pay compensation to every person interested in that land for any damage done to, or injurious affection of that land by reasons of the inspection, laying, repair, alteration, renewal removal or of the main. ### 185. Power to lay service pipes, etc. (1) The Commissioner may, in any street, whether within or outside the limits of the Corporation, lay such service pipes with such stop cocks and other water fittings as he may deem necessary for supplying water to premises and may, from time to time, inspect, repair, alter or renew and may, at any time, remove any service pipe laid in a street whether by virtue of this section or otherwise. (2) Where a service pipe has been lawfully laid in, over or on the land not forming Part of a street the Commissioner may, from time to time, enter upon that land and inspect, repair, alter, renew or remove the pipe or a lay a new pipe in substitution thereof but shall pay compensation for any damage done in the course of such action. ### 186. Provision of fire hydrants. (1) The Commissioner shall fix hydrants on water mains (other than trunk mains) at such places as may be most convenient for affording supply of water for extinguishing any fire which may break out and shall keep in good order and from time to time renew every such hydrant. (2) To denote the situation of every hydrant placed under this section, letters, marks or figures shall be displayed prominently on some wall, building or other structure near such hydrant. (3) As soon as any such hydrant is completed, the Commissioner shall deposit a key thereof at each place where a public fire engine is kept and in such other places as he deems necessary. (4) The Commissioner may, at the request and expense of the owner or occupier of any factory, workshop, trade, premises or place of business, situated in or near a street in which a pipe is laid (and not being a trunk main and being of sufficient dimensions to carry a hydrant), fix on the pipe and keep in good order from time to time to renew one or more fire hydrants to be used only for extinguishing fires as near as conveniently may be to that factory, workshop, trade premises or place of business. (5) The Commissioner shall allow all persons to take water for extinguishing fires from any pipe on which a hydrant is fixed without any payment. ### 187. Power of Corporation to require owners of premises to set up pumps etc. - The owner of every premises connected with the Corporation water works shall, when so required by the Commissioner, set up electric pumps or other contrivances whereby water may be caused to reach to the top of the top most storey of such premises. ### 188. Power to enter premises to detect waste or misuse of water. - The Commissioner or any Corporation officer authorised by the Commissioner in writing may, between sunrise and sunset, enter any premises supplied with water by the Corporation in order to examine if there be any waste or misuse of such water and the Commissioner or such officer shall not be refused admittance to the premises nor shall be obstructed by any person in making his examination. ### 189. Power to test water fittings. - The Commissioner may test any water fittings used in connection with water supplied by the Corporation. ### 190. Power to close or restrict use of water from polluted source of supply. (1) If the Commissioner is of opinion that the water in or obtained from any well, tank or other source of supply not vested in the Corporation, being water which is or if likely to be used for domestic purposes, or for the preparation of food or drink for human consumption, or is likely to become so polluted as to be prejudicial to health, the Commissioner may after giving the owner or occupier of the premises in which the source of supply is situated a reasonable opportunity of being heard, by order direct that the source of supply be permanently or temporarily closed or cut off or the water therefrom be used for certain purposes only or make such order as appears to him necessary to prevent injury or danger to the health of persons using the water or consuming food or drink prepared therewith or therefrom. (2) Before making any order under this section, the Commissioner may cause the water to be analysed at the cost of the Corporation. (3) If the person to whom an order is made under this section fails to comply therewith, the Commissioner may do whatever may be necessary for giving effect to the order, and any expenses reasonably incurred by him in so doing may be recovered by him from the person in default as an arrears of tax under this Act. ### 191. Water pipes etc. not to be a placed where water will be polluted. (1) No water pipes shall be laid in a drain or on the surface of an open channel or house gully or within six metres of a cesspool or in any position where the pipe is likely to be injured or the water therein polluted; and no well or tank except with the consent of the Commissioner and no cistern shall be constructed within six meters of a latrine or cesspool. (2) No latrine or cesspool shall be constructed or made within six meters of any well, tank, water pipe or cistern or in any position where the pipe, well, tank or cistern is likely to be injured or the water therein polluted. ### 192. Joint and several liability of owners and occupiers for offence in relation to water supply. - If any offence relating to water supply is committed under this Act in any premises connected with the Corporation water works, the owner, the person primarily liable for the payment of the water tax, and the occupiers of the said premises shall be jointly and severally liable for such offence. ### 193. Public drains etc. to vest in Corporation. (1) All public drains, all drains in, along side or under any public street, and all sewage disposal works whether constructed out of the Corporation Fund or otherwise, and all works, materials and things pertaining thereto which are situated in the Municipal area shall vest in the Corporation. (2) All public and other drains which are vested in the Corporation are hereafter in this Act referred to as Corporation drains. (3) For the proposes of enlarging, deepening or otherwise repairing or maintaining any such drain or sewage disposal work so much of the sub-soil pertaining thereto as may be necessary for the said purposes shall also be deemed to vest in the Corporation. (4) All drains and ventilation-shafts, pipes and all appliances and fittings connected with the drains works constructed, erected or set up out of the Corporation Fund in or upon premises not belonging to the Corporation, whether - (a) before or after the commencement of this Act; and (b) for the use of the owner or occupier of such premises or not, shall unless the Corporation has otherwise determined, or does at any time otherwise determine, vest and be deemed always to have vested in the Corporation. ### 194. Control of drain and sewage disposal works. (1) All Corporation drains, all sewage disposal works and works materials and things appertaining thereto shall be under the control of the Commissioner. (2) The Commissioner shall maintain and keep in repair all municipal drains and sewage disposal works and when authorised by the Corporation in this behalf, shall construct as many new drains and sewage disposal works as may from time to time be necessary for effectual drainage and sewage disposal. ### 195. Certain matters not to be passed into municipal drains. - No person shall throw, empty or turn into any Corporation drain or into any drain communicating with a Corporation drain - (a) any matter likely to injure the drain or to interfere with the free flow of its contents, or to affect prejudicially the treatment and disposal of its contents; or (b) any chemical, refuse or waste steam, or any liquid of a temperature higher than forty-five degrees celsius being refuse or steam which, or a liquid which when so heated, is, either alone or in combination with the contents of the drain, dangerous or the cause of nuisance, or prejudicial to health; or (c) any dangerous petroleum. Explanation. - In this section the expression "dangerous petroleum" has the same meaning as is assigned in the Petroleum Act, 1934 (Central Act 30 of 1934). ### 196. Application by owners and occupiers to drain into municipal drain. (1) Subject to such conditions as may be prescribed by bye-laws made in this behalf, the owner or occupier of any premises having a private drain, or the owner of any private drain within the Municipal area may apply to the Commissioner to have his drain made to communicate with the drains and thereby to discharge foul water and surface water from those premises or that private drain : Provided that nothing in this sub-section shall entitle any person - (a) to discharge directly or indirectly into any Corporation drain - (i) any trade effluent from any trade premises except in accordance with bye-laws made in this behalf; or (ii) any liquid or other matter the discharge of which into Corporation drains is prohibited by or under this Act or any other law; or (b) where separate Corporation drains are provided for foul water and for surface water to discharge directly or indirectly :- (i) foul water into a drain provided for surface water; or (ii) except with the permission of the Commissioner, surface water into drain provided for foul water; or (c) to have his drains made to communicate directly with a storm water overflow drain. (2) Any person desirous of availing himself of the provisions of sub-section (1), shall give to the Commissioner a notice of his proposals, and at any time within one month after receipt thereof, the Commissioner may by notice to him refuse to permit the communication to be made, if it appears to him that the mode of construction or condition of the drain is such that the making of the communication would be prejudicial to the drainage system, and for the purpose of examining the mode of construction and condition of the drain he may, if necessary, require it to be laid open for inspection. (3) The Commissioner may, if he thinks fit, construct such Part of the work necessary for having a private drain made to communicate with the municipal drain as is in or under a public street and in such a case the expenses incurred by the Commissioner, shall be paid by the owner or occupier of the premises, or as the case may be, the owner of the private drain and shall be recoverable from the owner or occupier as an arrears of tax under this Act. ### 197. Drainage of undrained premises. (1) Where any premises are, in the opinion of the Commissioner, without sufficient means of effectual drainage and a municipal drain or some place approved by the Commissioner for the discharge of filth and other polluted and obnoxious matter is situated at a distance of not exceeding thirty metres from any Part of the said premises, he may by written notice, require the owner of the said premises - (a) to make a drain emptying into such Corporation drain or place; (b) to provide and set up all such appliances and fittings as may appear to the Commissioner necessary for the purpose of gathering and receiving the filth and other polluted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing such drain and every fixture connected therewith; (c) to remove any existing drain or other appliance or thing used or intended to be used for drainage which is injurious to health; (d) to provide a close drain in substitution of an open drain or to provide such other appliance or thing either newly or in substitution of any existing appliance or thing or to provide both a closed drain and such other appliance or thing in substitution of the existing open drain and other appliance or thing, which is or likely to be injurious to health : (e) to provide and set up all such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering and receiving the waste water from floors and galleries of buildings when they are washed and conveying the same through spouts, by down take pipes so as to prevent such waste water from discharging directly on streets or inside and lower portion of the premises; (f) to carry out any work to improve or re-model as existing drain which is inadequate, insufficient or faulty. (2) Where in any case not provided for in sub-section (1) any premises are in the opinion of the Commissioner, without sufficient means of effectual drainage, he may, by written notice, require the owner of the premises :- (a) to construct a drain up to a point to be prescribed in such notice but not at a distance of more than thirty meters from any Part of the premises; or (b) to construct a close cesspool or soakage pit and drain or drains emptying into such cesspool or soakage pit. (3) Any requisition for the construction of any drain under sub-section (2) may contain any of the details specified in sub-section (1). ### 198. New premises not to be erected without drainage. (1) It shall not be lawful to erect or to re-erect any premises in the municipal area or to occupy any such premises, unless - (a) a drain be constructed of such size, materials, and with such fall as shall appear to the Commissioner to be necessary for the effectual drainage of such premises; (b) there have been provided and set up on such premises, such appliances and fittings as may appear to the Commissioner to be necessary for the purpose of gathering or receiving the filth and other pollutted and obnoxious matter from, and conveying the same off, the said premises and of effectually flushing the drain of the said premises and every fixture connected therewith. (2) The drain so constructed shall empty into a Corporation drain situated at a distance of not exceeding thirty meters from the premises, but if no Corporation drain is situated within that distance then such drain shall empty into a cosspool situated within that distance to be specified by the Commissioner for the purpose. ### 199. Power to drain group or block of premises by combined operations. (1) If it appears to the Commissioner that any group or block of premises may be drained more economically or advantageously in combination than separately, and a Corporation drain of sufficient size already exists or is about to be constructed within thirty meters of any Part of that group or block of premises, the Commissioner may cause that group or block of premises, to be detained by a combined operation. (2) The expenses incurred in carrying out any work under sub-section (1) in resect of any group or block of premises shall be paid by the owners of such premises in such proportion as the Commissioner may determine and shall be recoverable from them as an arrear of tax under this Act. (3) Not less than fifteen days before any such work is commenced, the Commissioner shall give to each such owner - (a) written notice of the nature of the proposed work; and (b) an estimate of the expenses to be incurred in respect thereof and of the proportion of such expenses payable by him. (4) The Commissioner may require the owners of such group or block of premises to maintain the work executed under this section. ### 200. Power of Commissioner to close or limit the use of private drain in certain cases. - Where a drain connecting any premises with a Corporation drain is sufficient for the effectual drainage of such premises and is otherwise un-objectionable but is not in the opinion of the Commissioner, adapted to the general system of drainage in the Municipal area, he may by written notice addressed to the owner of the premises, direct - (a) that such drain be closed, discontinued or destroyed and that any work necessary for that purpose be done; or (b) that such drain shall, from such date as may be specified in the notice in this behalf, be used for filth and polluted water only or for rain water and unpolluted sub-soil water only : Provided that - (i) no drain may be closed, discontinued or destroyed by the Commissioner under clause (a) except on condition of his providing another drain equally effectual for the drainage of the premises and communicating with any Corporation drain which he thinks fit; and (ii) the expenses of the construction of any drain so provided by the Corporation and of any work done under clause (a) may be paid out of the Corporation Fund. ### 201. Use of drain by a person other than owner. (1) Where the Commissioner either on receipt of an application from the owner of any premises or otherwise is of opinion that the only or the most convenient means of effectual drainage of the premises into Corporation drain is through a drain belonging to another person, the Commissioner may, by notice in writing, require the owner of such drain to show cause within a period specified in the notice as to why an order under this section should not be made. (2) Where no cause is shown within the specified period or the cause shown appears to the Commissioner invalid or insufficient, the Commissioner may, by order in writing, either authorise the owner of the premises to use the drain or declare him to be joint owner therof. (3) An order made under sub-section (2) may contain directions as to - (a) the payment of rent or compensation by the owner of the premises; (b) the construction of a drain for the premises for the purpose of connecting with the aforesaid drain ; (c) the enter upon the land in which the aforesaid drain is situated with assistants and workmen at all reasonable hours; and (d) the respective responsibilities of the Parties for maintaining, repairing, flushing, cleaning and emptying the aforesaid drain. ### 202. Sewage and rain water drains to be distinct. - Wherever it is provided in this Chapter that steps shall or may be taken for the effectual drainage of any premises, it shall be competent for the Commissioner to require that there shall be one drain for filth and polluted water and an entirely distinct drain for rain water and unpolluted sub-oil water or both rain water and unpolluted sub-soil water, each emptying into separate Corporation drains or other suitable places. ### 203. Powers of Commissioner to require owner to carry out certain works for satisfactory drainage. - For the purpose of efficient drainage of any premises, the Commissioner may by notice in writing - (a) require any courtyard, alley or passage between two or more buildings to be paved by the owner for owners of such buildings, with such materials and in such manner as may be approved by the Commissioner; or (b) require such paving to be kept in proper repair. ### 204. Appointment of places for the emptying of drain and disposal of sewage. - The Commissioner may cause any or all of the Corporation drains to empty into and all sewage to be disposed of at such place or places as he considers suitable : Provided that no place which has not been before the commencement of this Act used for any of the purposes specified in this section, shall after such commencement be used therefor without the approval of the Corporation : Provided further that on and after such date as may be appointed by the Government in this behalf no sewage shall be discharged into any water- course until it has been so treated as not to affect prejudicially the purity and quality of the water into which it is discharged. ### 205. Connection with water works and drains not to be made without permission. - Without the written permission of Commissioner, no person shall for any purpose whatsoever, at any time make or cause to be made any connection or communication with any drain referred to in section 194 or any water-works, constructed or maintained by, or vested in the Corporation. ### 206. Buildings, railways and private street not to be erected or constructed over drains or water works without permission. (1) Without the written permission of the Commissioner no railway or private street, shall be constructed and no building, wall, fence or other structure shall be erected on any municipal drain or on any water-works constructed or maintained by or vested in the Corporation. (2) If any railway or private street be constructed or any building, wall, fence or structure erected on any drain or water works as aforesaid without the written permission, the Commissioner may remove or otherwise deal with the same as he may think fit. (3) The expenses incurred by the Commissioner in so doing shall be paid by the owner of the private street or of the building, fence, wall or other structure or, as the case may be, by the railway administration or the person offending and shall be recoverable as an arrear of tax under this Act. ### 207. Rights of user of property for aquaducts, lines etc. (1) The Commissioner may place and maintain aquaducts, conduits and lines of mains or pipes or drains over, under, along or across any immovble property whether within or outside the limits of the Municipal area, if necessary through an agreeement, and may at any time for the purposes of examining, repairing, altering or removing any aquaducts, conduits or lines of mains or pipes or drains, after giving a reasonable notice of his intention so to do, enter on any property over, under, along, or across which the aquaducts, conduits or lines of mains or pipes or drains have been placed : Provided that the Corporation shall not acquire any right other than a right of user in the property vested in the Government or under the control or management of the Government or railway administration or vested in any local authority save with the permission of the Government or railway administration or the local authority, as the case may be, and in accordance with any bye-laws made in this behalf : Provided that the Commissioner may, without such permission, repair, renew or amend any existing works of which the character or position is not to be altered if such repair, renewal or amendment is urgently necessary in order to maintain without interruption the supply of water, drainage or disposal of sewage or is such that delay would be dangerous to health, human life or property. (3) In the exercise of the powers conferred upon him by this section, the Commissioner shall cause as little damage and inconvenience as may be possible and shall make full compensation for any damage or inconvenience caused by him. ### 208. Power of owner of premises to place pipes and drains through land belonging to other persons. (1) If it appears to the Commissioner that the only or most convenient means of water supply to, and drainage of, any premises is by placing or carrying any pipe for drain over, under, along or across the immovable property of another person, the Commissioner may, by order in writing, authorise the owner of the premises to place or carry such pipe or drain over, under, along or across such immovable property; Provided that before making any such order the Commissioner shall give to the owner of the immovable property a reasonable opportunity of showing cause within such time as may be prescribed by bye-laws made in this behalf as to why the order should not be made; Provided further that the owner of the premises shall not acquire any right other than a right of user in the property over, under, along or across which any such pipe or drain is placed or carried. (2) Upon the making of an order under sub-section (1) the owner of the premises may, after giving reasonable notice of his intention so to do, enter upon the immovable property with assistants and workmen at any time between sunrise and sunset for the purpose of placing a pipe or drain over, under, along or across such immovable property or for the purpose of repairing the same. (3) In placing or carrying a pipe or drain under this section, as little damage as possible shall be done to the immovable property and the owner of the premises shall - (a) cause the pipe or drain to be placed or carried with the least practicable delay; (b) fill in, reinstate and make good at his own cost any with the least practicable delay and land opened, broken up or removed for the purpose of placing or carrying such pipe or drain; and (c) pay compensation to the owner of the immovable property and to any other person who sustains damage by reason of the placing or carrying of such pipe or drain. (4) If the owner of the immovable property, over, under, along or across which a pipe or drain has been placed or carried under this section while such immovable property was not built upon, desires to erect any building on such property, the Commissioner shall by notice in writing, require the owner of the premises to close, remove or divert the pipe or drain in such manner as shall be approved by him and to fill in, reinstate and make good the immovable property as if the pipe or drain had not been placed or carried over, under, along or across the same: Provided that no such requisition shall be made unless in the opinion of the Commissioner it is necessary or expedient for the construction of the proposed building or the safe enjoyment thereof that the pipe or drain should be closed, removed or diverted. ### 209. Railway administration be informed in certain cases. - If the Corporation desires to place or carry any pipe or drain or do any other work connected with the water-supply or drainage across any railway line, it shall inform the railway administration who may execute the same at the cost of the Corporation. ### 210. Power of Commissioner to execute work after giving notice to the person liable to do so. (1) When under the provisions of this Chapter any person may be required or is liable to execute any work, the Commissioner may in accordance with the provisions of this Act, and of any bye-law made in this behalf, cause such work to be executed after giving such person an opportunity of executing the same within such time as may be specified by him for this purpose. (2) The expenses incurred or likely to be incurred by the Commissioner in the execution of any work specified under sub-section (1), shall be payable by the said person and the expenses incurred by the Commissioner in connection with the maintenance of such work or the enjoyment of amenities and conveniences rendered possible by such work, shall be payable by the person or persons enjoying such amenities and conveniences. (3) The expenses referred to in sub-section (2), shall be recoverable from the person or persons liable therefor as an arrears of tax under this Act. ### 211. Power of Commissioner to affix shafts etc. for ventilation of drain or cesspool. - For the purpose of ventilating any drain or cesspool, whether vested in the Corporation or not, the Commissioner may, in according with bye-laws made in this behalf, erect upon any premises or affix to the outside of any building or to any tree any such shaft or pipe as may appear to him to be necessary. ### 212. Power of Commissioner to examine and test drain etc. believed to be defective. (1) Where it appears to the Commissioner that there are reasonable grounds for believing that a private drain or cesspool is in such condition as to be prejudicial to health or a nuisance or that a private drain communicating directly or indirectly with a municipal drain, is so defective as to admit sub-soil water, he may examine its condition and for that purposes may apply any test other than a test of water under pressure, and if he deems it necessary, open the ground. (2) If on examination the drain or cesspool is found to be in proper condition, the Commissioner shall, as soon as possible, reinstate any ground which has been opened by him and make good any damage done by him. ### 213. Employment of Government agencies for repairs, etc. - The Government may, for reasons to be recorded, direct that any specified work, repair, renewal or replacement which is to be undertaken by or for the Corporation under this Chapter, shall be carried out on behalf of the Corporation by the Government and the Corporation shall pay the charges therefor at the rate and subject to the terms for the time being applicable in the case of works constructed by the Government on behalf of a local authority. ### 214. Work to be done by licensed plumber. (1) No person other than a licensed plumber shall execute any work described in this Chapter and no person shall permit any such work to be executed except by a licensed plumber: Provided that if, in the opinion of the Commissioner, the work is of a trivial nature, he may grant permission in writing for the execution of such work by a person other than a licensed plumber. (2) Every person who employs licensed plumber to execute any work, shall, when so required, furnish to the Commissioner the name of such plumber. (3) When any work is executed except in accordance with the provisions of sub-section (1), such work shall be liable to be dismantled at the discretion of the Commissioner without prejudice to the right of the Corporation to prosecute under this Act the person at whose instance such work has been executed. (4) The Corporation a may make bye-laws for the guidance of licensed plumbers and a copy of all such bye-laws shall be attached to every licence granted to a plumber by the Corporation. (5) The Corporation may, from time to time, prescribe the charges to be paid to licensed plumbers for any work done by them under or for any of the purposes of this Chapter. (6) No licensed plumber shall, for any work referred to in sub-section (5) demand or receive more than the charges prescribed therefor, under that sub- section. (7) The Corporation shall make bye-laws providing for - (a) the exercise of adequate control on all licensed plumbers; (b) the inspection of all works carried out by them; and (c) the hearing and disposal of complaints made by the owners or occupiers of premises with regard to the quality of work done, material used, delay in execution of work, and the charges made, by a licensed plumber. (8) No licensed plumber shall contravene any of the bye-laws made under this section or execute carelessly or negligently any work under this Act or make use of bad materials, appliances or fittings. (9) If any licensed plumber contravenes sub-section (8), his licence may be suspended or cancelled whether he is prosecuted under this Act or not. ### 215. Prohibition of certain acts. (1) No person shall - (a) wilfully obstruct any person acting, under the authority of the Corporation or the Commissioner, in setting out the lines of any works or pull up or remove any pillar, post or stake fixed in the ground for the purpose of setting out lines of such work or deface or destroy any works made for the same purpose; or (b) wilfully or negligently break, injure, turn on, open, close, shut off or otherwise interfere with any lock, cock, valve, pipe, meter or other work or apparatus belonging to the Corporation; or (c) unlawfully obstruct the flow of, or flush, draw off, or divert, or take water from any water works belonging to the Corporation or any water course by which any such water is supplied; or (d) unlawfully obstruct the flow of, or flush, draw off, divert or take sewage from any sewage work belonging to the Corporation or break or damage any electrical transmission line maintained by the Corporation; or (e) obstruct any office or other employee of the Corporation in the discharge of his duties under this Chapter or refuse or wilfully neglect to furnish him with the means necessary or the making of any entry, inspection, examination or inquiry thereunder in relation to any water or sewage work; (f) bathe in, at or upon any water work or wash or throw or cause to enter therein any animal, or throw any rubbish, dirt, filth into any water work or wash or clean therein any cloth, wool or leather or the skin of any animal or cause the water of any sink or drain or any steam-engine or boiler or any polluted water to turn or be brought into any water-work, or do any other act whereby the water in any water-work is fouled or likely to be fouled. (2) Nothing in clause (b) of sub-section (1) shall apply to a consumer closing the stopcock fixed on the service pipe supplying water to his premises so long as he has obtained the consent of any other consumer whose supply will be affected thereby. Chapter XIII Streets ------------------------- ### 216. Vesting of public streets in Corporation. (1) All streets within the Municipal area which are or at any time have become public streets, and the pavements, stones and other materials thereof, shall vest in the Corporation. (2) All public streets vesting in the Corporation shall be under the control of the Commissioner and shall be maintained, controlled and regulated by him in accordance with the bye-laws made in this behalf. ### 217. Functions of Commissioner in respect of public streets. (1) The Commissioner shall, from time to time, cause all public streets vested in the Corporation to be levelled, metalled or paved, channelled, altered or repaired and may widen, extend or otherwise improve, any such street or cause the soil thereof to be raised, lowered or altered or place and keep in repair fences and posts for the safety of foot-passengers. Provided that no widening, extension or other improvement of a public street the aggregate cost of which will exceed five thousand rupees, shall be under taken by the Commissioner except with the previous sanction of the Corporation. (2) With the previous sanction of the Corporation, the Commissioner may permanently close the whole or any Part of a public street: Provided that before according such sanction the Corporation shall, by notice published in the manner specified by bye-laws, give reasonable opportunity to the residents likely to be affected by such closure to make suggestions or objections with respect to such closure and shall consider all such suggestions or objections, which may be made, within one month from the date of the publication of the said notice. ### 218. Disposal of land forming site of public streets permanently closed. - Whenever any public street or a Part thereof is permanently closed under sub- section (2) of section 217 the site of such street or of the portion thereof may be disposed of as land vesting in the Corporation. ### 219. Power to make new public streets. - The Commissioner may, at any time with the previous sanction of the Corporation - (a) lay out and make new public streets; (b) construct bridges and sub-ways; (c) turn or divert any existing public streets; and (d) lay down and determine the position and direction of a street or streets in any Part of the Municipal area notwithstanding that no proposal for the erection of any building in the vicinity has been received. ### 220. Minimum width of new public streets. - The Commissioner shall, from time to time, with the sanction of the Corporation, specify the minimum width of different classes of new public streets according to the nature of the traffic likely to be carried thereon and the streets with which they join at one or both ends, the localities in which they are situated, the heights up to which buildings abutting thereon may be erected and others similar consideration. ### 221. Power to prohibit use of public streets for certain kinds of traffic. (1) The Commissioner may - (a) prohibit vehicular traffic in any public street or any portion thereof so as to prevent danger, obstruction or inconvenience to the public or to ensure quietness in any locality ; (b) prohibit in respect of all public streets or any Particular public streets the transit of any vehicle of such form, construction, weight or size or laden with such heavy or unwieldy objects as may be likely to cause injury to the roadways or any construction thereon, except under such conditions as to time, mode of the traction or locomotion, use of appliances for the protection of roadways, number of lights and assistants and other general precautions and upon the payment of such charges as may be specified by the Commissioner generally or specially in each case; (c) prohibit access to premises from any Particular public street carrying high speed vehicular traffic: Provided that the Commissioner shall not take action without the sanction of the Corporation in cases under clauses (a) and (c). (2) Notices of such prohibition as are imposed under sub-section (1) shall be posted in conspicuous places at or near both ends of public streets or portions thereof to which they relate, unless such prohibition applied generally to all public streets. ### 222. Power to acquire land and buildings for public streets and for public parking places. - Subject to the provisions contained in Chapter X, the Commissioner may - (a) acquire any land required for the purpose of opening, widening, extending or otherwise improving any public street or of making any new public street and any building standing upon such land; (b) acquire in relation to any such land or building, all such land with buildings, if any thereon as the Corporation may think expedient to acquire outside the regular line or the intended regular line, of such street. Explanation. - When any land is required for a new street or for the improvement of an existing street, the Government may on the request of the Corporation proceed to acquire, in addition to the land to be occupied by the street, the land necessary for the sites of the building to be erected on both sides of the street, and such land shall be deemed to be required for the purposes of this Act. ### 223. Defining regular lines of streets. (1) The Commissioner may define a line on one or both sides of any public street in accordance with the bye- laws made in this behalf and may with the previous sanction of the Corporation re-define at any time any such regular line: Provided that, before according sanction the Corporation shall by public notice afford reasonable opportunity to the residents of premises abutting on such public street to make suggestions or objections with respect to the proposed re-defined line of the street and shall consider all suggestions or objections which may be made within one month from the date of the publication of the said notice: Provided further that the regular line of any public street operative under any law in force in any Part of the municipal area immediately before the commencement of this Act, shall be deemed to be a line defined by the Commissioner under this sub-section. (2) The line for the time being defined or re-defined shall be called the regular line of a street. (3) No person shall construct or reconstruct any building or a portion thereof or any boundary wall or other structure whatsoever within the regular line of a street except with the written permission of the Commissioner : Provided that if within 60 days after the receipt of application from any person for permission to construct or reconstruct a boundary wall or a portion thereof, the Commissioner fails to take steps to acquire the land within the regular line of the street in accordance with section 226 then that person may, subject to any other provisions of this Act and the bye-laws made thereunder, proceed with the work of construction or reconstruction of such boundary wall or portion thereof. ### 224. Setting back building to regular line of street. (1) If any Part of a building abutting on a public street is within the regular line of that street, the Government on the request of the Commissioner, may, whenever it is proposed to repair, remove, construct or re-construct or make any additions to, or structural alterations of any portion of such building which is within the regular line of the street by any order which he issues concerning the additions to rebuilding, construction, repair or alterations of such building, require such building to be set back to the regular line of the street. (2) When any building or any Part thereof within the regular line of a public street falls down or is burnt down or is, whether by the order of the Commissioner or otherwise, taken down, the Government on the request of the Commissioner may acquire the portion of the land within the regular line of the street therefor occupied by the said building under the provisions of the Land Acquisition Act, 1894. (3) Land acquired under this section shall be deemed to be a Part of the public street and shall vest in the Corporation. ### 225. Compulsory setting back of building to regular line of streets. - Where any building or any Part thereof is within the regular line of a public street and in the opinion of the Commissioner it is necessary to set back the building or Part thereof to the regular line of the street, he shall request the Government to acquire the building or any Part thereof in accordance with the provisions of the Land Acquisition Act, 1894. ### 226. Acquisition of open land and land occupied by platforms etc. within the regular line of streets. - If any land, whether open or enclosed, not vesting in the Corporation and not occupied by any building is within the regular line of a public street or if a platform, verandah, step, compound wall, hedge or fence or some other structure external to a building abutting on a public street or a portion of such platform, verandah, step, compound wall, hedge and fence or other structure is within the regular line of such street, the Commissioner shall request the Government to acquire the same under the provision of the Land Acquisition Act, 1894. ### 227. Acquisition of remaining Part of building and land after their portions within regular line of street have been acquired. (1) Where a land or building is Partly within the regular line of a public street and the Commissioner is satisfied that the land remaining after the excision of the portion within the said line will not be suitable or fit for any beneficial use, he may, at the request of the owner, move to the Government to acquire such land in addition to the land within the said line and such surplus land shall be deemed to be a Part of the public street and shall vest in the Corporation. (2) Such surplus land may thereafter be utilised for the purpose of setting forward a building under section 228. ### 228. Setting forward of buildings to regular line of street. - The Commissioner may, upon such terms, as he thinks fit, allow any building to be set forward for the purpose of improving the regular line of a public street and may, with the sanction of the Corporation by notice require any building to be so set forward in the case of reconstruction thereof or of a new construction. Explanation. - For the purpose of this section a wall separating any premises from a public street shall be deemed to be a building and it shall be deemed a sufficient compliance with permission, or requisition to set forward a building to the regular line of a street if a wall of such material and dimensions as are approved by the Commissioner is erected along the said line. ### 229. Payment of compensation. - The compensation determined for the land acquired for a public street under the provisions of sections 224, 225, 226 and 227 shall be made by the Corporation in accordance with the provisions contained in the Land Acquisition Act, 1894. ### 230. Owner's obligation when dealing with land or building sites. - If the owner of any land utilises, sells, leases out or otherwise disposes of such land for the construction of building thereon, he shall lay down and make a street or streets giving access to the plots into which the land may be divided and connecting with an existing public or private street. ### 231. Layout plans. (1) Before utilising, selling or otherwise dealing with any land under section 230, the owner thereof shall send to the Commissioner a written application with a lay-out plan of the land showing the following Particulars, namely:- (a) the plots into which the land is proposed to be divided for the erection of building thereon and the purpose or purposes for which such buildings are to be used ; (b) the reservation or allotment of any site for any street, open space, park, recreation ground, school, market or any public purpose; (c) the intended level, direction and width of street or streets; (d) the regular line of street or streets; and (e) the arrangements to be made for levelling, paving, metalling, flagging, channelling, sewering, draining, conserving and lighting street or streets. (2) The provisions of this Act and the bye-laws made thereunder as to width of the public streets and the height of building abutting thereon, shall apply in the case of streets referred to in sub-section (1) and all the Particulars referred to in that sub-section shall be subject to the sanction of the Corporation. (3) Within sixty days after the receipt of any application under sub-section (1) the Corporation shall either accord sanction to the lay-out plan on such conditions as it may think fit or ask for further information with respect to it. (4) Such sanction shall be refused - (a) if the Particulars shown in the lay-out plan would conflict with any arrangements which have been made or which are in the opinion of the Corporation likely to be made for carrying out any general scheme of development of the Municipal area whether contained in the master plan or a zonal development plan prepared for the Municipal area or not; or (b) if the said lay-out plan does not conform to the provisions of the Act, and bye-laws made thereunder; or (c) if any street proposed in the plan is not designed so as to connect at one end with a street which is already open. (5) No person shall utilise, sell or otherwise deal with any land or lay-out or make any new street without or otherwise than in conformity with the orders of the Corporation and if further information is asked for, no step shall be taken to utilise, sell or otherwise deal with the land or to lay-out or make the street until orders have been passed upon receipt of such information: Provided that the passing of such order shall not be in any case delayed for more than sixty days after the Corporation has received the information which it considers necessary to enable it to deal with the said application. (6) The lay-out plan referred to earlier in this section shall, if so required by the Corporation, be prepared by a licensed town planner. (7) The provisions of this section shall not be used for any piece of land the size of which exceeds 1000 meters. ### 232. Alteration or demolition of street made in breach of section 231. (1) If any person lays out or makes any street referred to in section 231 without or otherwise than in conformity with the orders of the Corporation, the Commissioner may, whether or not the offender, be prosecuted under this Act by notice, - (a) require the offender to show cause by a written statement signed by him and sent to Commissioner on or before such date as may be specified in the notice, why such street should not be altered to the satisfaction of the Commissioner or if such alteration be impracticable why such street should not be demolished; or (b) require the offender to appear before the Commissioner whether personally or by a duly authorised agent on such day and at such time and place as may be specified in the notice and show cause as aforesaid. (2) If any person on whom such notice is served fails to show cause to the satisfaction of the Commissioner as to why such street should not be so altered or demolished, the Commissioner may pass an order directing the alteration or demolition of such street. (3) Nothing in sections 230, 231 and this section shall apply to any land to which the provisions of the Haryana Development and Regulation of Urban Areas Act, 1975 (Haryana Act No. 8 of 1975) apply. ### 233. Power of Commissioner to order work to be carried out or to carry it out himself in default. (1) If any private street or Part thereof is not levelled, paved, metalled, flagged, channelled, sewered, drained, conserved or lighted to the satisfaction of the Commissioner, he may by notice require the owners of such street or Part and the owners of the lands and buildings fronting or abutting on such street or Part to carry out any work which in his opinion may be necessary and within such time as may be specified in such notice. (2) If such work is not carried out within the time specified in the notice, the Commissioner may, if he thinks fit, execute it and the expenses incurred shall be paid by the owners referred to in sub-section (1) in such proportion as may be determined by the Commissioner and shall be recoverable from them as an arrears of tax under this Act. ### 234. Declaration of public streets. (1) If any street has been levelled, paved, metalled, flagged, channelled, sewered, drained, conserved and lighted under the provisions of section 233 the Commissioner may, and on the requisition of the majority of the owners referred to in sub-section (1) of that section shall declare such a street to be a public street and thereupon the street shall vest in the Corporation. (2) The Commissioner may, at any time, by notice fixed up in any street or Part thereof not maintainable by the Corporation, give intimation of his intention to declare the same a public street and unless within one month next after such notice has been so put up, the owner or any one of the several owners of such street or such Part of a street lodge objection thereto at the Corporation office, the Commissioner may, by notice in writing, put up in such street or such Part, declare the same to be a public street vested in the Corporation. ### 235. Prohibition of projection upon streets, etc. (1) Except as provided in section 236, no person shall erect, set-up, and to, or may place against or in front of any premises any structure or fixture which will, - (a) overhand, jut or project into, or in any way encroach upon and obstruct in any way the safe or convenient passage of the public along any street, or (b) jut or project into or encroach upon any drain or open channel in any street so as in any way to interfere with the use or proper working of such drain or channel or to impede the inspection or cleaning thereof. (2) The Commissioner may by notice require the owner or occupier of any premises to remove or to take such other action as he may direct in relation to any structure or fixture which has been erected, set up, added to or placed against, or in front of, the said premises in contravention of this section. (3) If the occupier of the said premises removes or alters any structure or fixture in accordance with such notice, he shall be entitled, unless the structure or fixture was erected, set-up or placed by himself, to credit into account with the owner of the premises for all reasonable expenses incurred by him in complying with the notice. ### 236. Projections over streets may be permitted in certain cases. (1) The Commissioner may give a written permission, on such terms and on payment of such fee as he in each case thinks fit, to the owner or occupier of the building or any street, - (a) to erect an arcade, over such street or any portion thereof; or (b) to put up a verandah, balcony, arch, connecting passage, sunshade, weather frame, canopy, a awning or other such structure or thing projecting from any storey over or across any street or portion thereof: Provided that no permission shall be given by the Commissioner for the erection of an arcade in any public street in which construction of an arcade has not been generally sanctioned by the Corporation. (2) The Commissioner may at any time by notice require the owner or occupier of any building to remove a verandah, balcony, sunshade,weather frame or the like put up in accordance with the provisions of this Act and such owner or occupier shall be bound to take action accordingly but shall be entitled to compensation for the loss caused to him by such removal and the cost incurred thereon. ### 237. Ground floor doors, etc. not to open outwards on streets. - The Commissioner may at any time by notice require the owner of any premises on the ground floor of which any door, gate, bar or window opens outwards upon a street or upon any land required for the improvement of a street in such manner as in the opinion of the Commissioner is likely to obstruct the safe or convenient passage of the public along such street, to have the said door, gate, bar or window altered so as not to open outwards. ### 238. Prohibition of structures, fixtures or deposit of things in street. (1) No person shall, except with the permission of the Commissioner granted in this behalf, erect or set-up any wall, fence, rail, post, step, booth or other structure whether fixed or movable or whether of a permanent or temporary nature, or any fixture in or upon any street or upon or over any open channel, drain, well or tank in any street so as to form an obstruction to or an encroachment upon, or projection over, or to occupy any portion of such street, channel, drain, well or tank. (2) No person shall, except with the permission of the Commissioner and on payment of such fee as he in each case thinks fit, place or deposit upon any street, or upon any open channel, drain or well in any street or upon any public place any stall, chair, bench, box, ladder, bale or other thing whatsoever so as to form an obstruction thereto or encroachment thereon. (3) Nothing in sub-section (1) shall apply to any erection or thing to which clause (c) of sub-section (1) of section 243 applies and nothing in sub- section (2) shall apply to building materials. ### 239. Special provision regarding streets belonging to Government. - Notwithstanding anything contained in sections 228, 235, 236 or in clause (5) of Part C of section 392 and subject to any general or special order that the Government may make in this behalf, if any street is vested in the Government, - (a) the Commissioner shall not, in respect of such street grant permission to do any act the doing of which without his written permission would contravene the provisions of section 235 or section 236 or allow any building to be set forward under the provision of section 228 except with the sanction of the Government which may be given in respect of a class of cases generally or in respect of a Particular case; (b) the Commissioner shall, if so required by the Government, exercise the power conferred upon him by sections 228, 235, 236 or clause (5) of Part C of section 392 or any bye-law made in exercise of the powers conferred by the aforesaid clause (5) in respect of encroachment or overhanging structure on or over such sheet or any materials, goods or articles of merchandise deposited on such street. ### 240. Power to remove anything deposited or exposed for sale in contravention of this Act. - The Commissioner may, without notice, cause to be removed - (a) any stall, chair, bench, box, ladder, bale or other thing whatsoever placed, deposited, projected, attached or suspended in, upon, from or to any place in contravention of this Act; (b) any article whatsoever hawked or exposed for sale on any public place in contravention of this Act and any vehicle, package, box or any other thing in or on which such article is placed. ### 241. Prohibition of tethering of animals and milking of cattle. (1) No person shall tether any animal or cause or permit the same to be tether in any public street. (2) No person shall milk or cause or permit to be milked any cow or buffalo in any street. (3) Any animal tethered or any cow or any buffalo found being milked as aforesaid in any street may be removed by the Commissioner or any Corporation Officer or employee and be impounded and dealt with under the provisions of the Cattle Trespass Act, 1871 (Central Act 1 of 1871). ### 242. Precautions during repair of streets etc. (1) The Commissioner shall, so far as is practicable during the construction or repair of any public street, or any municipal drain or any premises vested in the Corporation - (a) cause the same to be fenced and guarded; (b) take proper precautions against accident by shoring up and protecting the adjoining buildings; (c) cause such bars, chains or posts to be fixed across or in any street in which any such work of construction or repair is under execution as are necessary in order to prevent the passage of vehicles or animals and avert danger. (2) The Commissioner shall cause such street, drain or premises to be sufficiently lighted or guarded during night while under construction or repair. (3) The Commissioner shall, with all reasonable speed, cause the said work to be completed, the ground to be filled in the said street, drain or premises to be repaired and the rubbish occasioned thereby to be removed. (4) No person shall, without the permission of the Commissioner or other lawful authority, remove any bar, chain, post or shoring, timber or remove or extinguish any light set-up under this section. ### 243. Streets not to be opened or broken up and building materials not be deposited therein without permission. (1) No person other than the Commissioner or a Corporation Officer or other Corporation employee shall, without the written permission of the Commissioner - (a) open, break up, displace, take up or make any alteration in, or cause any injury to the soil or pavement or any wall, fence, post, chain or other material or thing forming Part of any street; or (b) deposit any building material in any street; or (c) set up in any street any scaffold or any temporary erection for the purpose of any work whatever, or any posts, bars, rolls, boards or other things by way of an enclosure, for the purpose of making mortar or depositing bricks, lime, rubbish or other materials. (2) Any permission granted under clause (b) or clause (c) of sub-section (1) shall be terminable at the discretion of the Commissioner on his giving not less than twenty-four hours notice of such termination to the person to whom such permission was granted. (3) The Commissioner may, without notice, cause to be removed any of the things referred to in clause (b) or clause (c) of sub-section (1) which has been deposited or set up in any street without the permission specified in that sub-section or which having been deposited or set up with permission has been removed within the period specified in the notice issued under sub- section (2) : Provided that nothing in this sub-section shall apply to cases under clause (b) or clause (c) of sub-section (1) in which application for permission has been made with such fee as may be prescribed by the Commissioner in this behalf but no reply has been sent to the applicant within seven days from the date of the application. ### 244. Disposal of things removed under this Chapter. (1) Any of the things caused to be removed by the Commissioner under this Chapter shall, unless the owner thereof turns up to take back such things and pays to the Commissioner the charges for the removal and storage of such things, be disposed of by public auction or in such other manner and within such time as the Commissioner thinks fit. (2) The charges for removal and storage of the things sold under sub-section (1) shall be paid out of the proceeds of the sale thereof and the balance, if any, shall be paid to the owner of the things sold on a claim being made therefor within a period of two years from the date of sale, and if no such claim is made within the said period, shall be credited to the Corporation. ### 245. Naming and numbering of streets. (1) The Commissioner may - (a) with the sanction of the Corporation, determine the name or number by which any street or public place vested in the Corporation shall be known; (b) cause to be put up or painted at a conspicuous Part of any building, wall or place, at or near each end, corner or entrance of such street or on some convenient Part of such street, the name or number by which it is to be known; (c) cause to be put up or painted on boards of suitable size the name of any public place vested in the Corporation; (d) determine the number or sub-number by which any premises or Part of such premises shall be known and cause such number or sub-number to be fixed to the side or outer door of such premises or to some place at the entrance of the enclosure thereof. (2) No person shall destroy, remove, deface or in any way injure or alter such name or number or sub-number or put up or paint any name or number or sub-number different from that put up or painted by order of the Commissioner. ### 246. Commissioner to take steps for repairing or enclosing places. (1) If any place is, in the opinion of the Commissioner, for want of sufficient repair or protection or enclosure, or owing to some work being carried on thereupon, dangerous or causing inconvenience to passengers along a street or to other persons including the owner or occupier of the said place, who have legal access thereto or to the neighbourhood thereof, the Commissioner may by notice in writing require the owner or occupier of such place to repair, protect or enclose the same or take such other steps as shall appear to the Commissioner necessary in order to prevent the danger or inconvenience arising therefrom. (2) The Commissioner may before giving any such notice or before the period of any such notice has expired, take such temporary measures as he thinks fit to prevent the danger or inconvenience arising therefrom; and any expense incurred by the Commissioner in taking such temporary measures shall be recoverable from the owner or occupier of the place as an arrears of tax under this Act. ### 247. Measures for lighting. - The Commissioner shall - (a) take measures for lighting in a suitable manner all such public streets and public places as may be specified by the Corporation; (b) procure, erect and maintain such number of lamps, lamp posts and other appurtenances as may be necessary for the said purpose; (c) cause such lamps to be lighted by means of oil, electricity or such other light as the Corporation may determine. ### 248. Prohibition of removal, etc. of lamps. (1) No person shall, without lawful authority, take away wilfully or negligently break or throw down or damage - (a) any lamp or any appurtenance of any lamp or lamp posts or lamp iron set up in any public street or any public place; (b) any electric wire for lighting such lamp; (c) any post, pole, standard stay, strut, bracket or other contrivance for carrying, suspending or supporting any electric wire or lamp. (2) No person shall wilfully or negligently extinguish the light of any lamp set up in any public street or any public place. (3) If any person wilfully or through negligence or accident breaks or causes any damage to any of the things described in sub-section (1), he shall in addition to any penalty to which he may be subjected to under this Act, pay the expenses of repairing the damage so done by him. Chapter XIV Building Regulations ------------------------------------- ### 249. Definitions. - In this Chapter, unless the context otherwise requires, the expression "to erect buildings" means - (a) to erect a new building on any site whether previously built upon or not; (b) to re-erect - (i) any building of which more than one half of the cubical contents above the level of the plinth have been pulled down, burnt or destroyed; or (ii) any building of which more than one-half of the superficial area of the external walls above the level of the plinth has been pulled down; or (iii) any frame building of which more than half of the number of the posts or beams in the external walls have been pulled down; (c) to convert into a dwelling house any building or any Part of a building not original constructed for human habitation or, if originally so constructed, subsequently appropriated for any other purpose; (d) to convert into a place more than one dwelling house a building originally constructed as one dwelling house only; (e) to convert into a place of religious worship or into sacred building any place or building not originally constructed for such purpose; (f) to roof or cover an open space between walls or buildings to the extent of the structure which is formed by the roofing or covering of such space; (g) to convert two or more tenements in a building into greater or lesser number; (h) to convert into a stall, shop, warehouse or godown, stable, factory or garage any building not originally constructed for use as such or which was not so used before the change; (i) to convert a building which when originally constructed was legally exempt from the operations of any building regulations contained in this Act or in any bye-laws made thereunder or in any other law, into a building which, had it been originally erected in its converted form, would have been subject to such building regulations; (j) to convert into or use as a dwelling house any building which has been discontinued as or appropriated for any purpose other than a dwelling house. ### 250. Prohibition of erection of building without sanction. - No person shall erect or commence to erect any building or execute any of the works specified in section 252 except with the previous sanction of the Commissioner, nor otherwise than in accordance with the provisions of this Chapter and of the bye-laws made under this Act in relation to the erection of buildings or execution of works. ### 251. Erection of building. (1) Every person who intends to erect a building shall apply for sanction by giving notice in writing of his intention to the Commissioner in such form and containing such information as may be prescribed by bye-laws made in this behalf. (2) Every such notice shall be accompanied by such documents and plans as may be prescribed. ### 252. Application for addition to, or repairs of building. (1) Every person who intends to execute any of the following works, namely :- (a) to make any addition to a building; (b) to make any alteration or repairs to a building involving the removal or re-erection of any external or Partition wall thereof or of any wall which supports the roof thereof to an extent exceeding one half of such wall above the plinth level, such half to be measured in superficial metres; (c) to make any alteration or repairs to a frame building involving the removal or re-erection of more than one half of the posts in any such wall thereof as aforesaid or involving the removal or re-erection of any such wall thereof as aforesaid to an extent exceeding one half of such wall above plinth level, such half to be measured in superficial metres; (d) to make any alteration in a building involving - (i) the sub-division of any room in such building so as to convert the same into two or more separate rooms; or (ii) the conversion of any passage or space in such building into a room or rooms; (e) to repair, remove, construct, reconstruct, or make any addition to or structural alteration in any portion of a building abutting on a street which stands within the regular line of such street; (f) to close permanently any door or window in an external wall; (g) to remove or reconstruct the principal staircase or to alter its position, shall apply for sanction by giving notice in writing of his intention to the Commissioner in such form and containing such information as may be prescribed by bye-laws made in this behalf. (2) Every such notice shall be accompanied by such documents and plans as may be so prescribed. ### 253. Conditions of valid notice. (1) A person giving the notice required by section 251 shall specify the purpose for which it is intended to use the building to which such notice relates, and a person giving the notice required by section 252 shall specify whether the purpose for which the building is being used is proposed or likely to be changed by the execution of the proposed work. (2) No notice shall be valid until the information required under sub-section (1) and any further information and plans which may be required by bye-laws made in this behalf have been furnished to the satisfaction of the Commissioner along with the notice. ### 254. Sanction or refusal of building or works. (1) The Commissioner shall sanction the erection of a building or the execution of a work, unless such building or work would contravene any of the provisions of sub-section (2) of this section or the provisions of section 258. (2) The grounds on which the sanction of a building or work may be refused shall be the following, namely :- (a) that the building or work, or the use of the site for the building or work or any of the Particulars comprised in the site plan, ground plan, elevation, section or specification would contravene the provisions of any bye-law made in this behalf or of any other law or of rule, bye-law or order made under such other law; (b) that notice for sanction does not contain the Particulars or not prepared in the manner required under the bye-laws made in this behalf; (c) that any information or documents required by the Commissioner under this Act or any bye-laws made thereunder has or have not been duly furnished; (d) that in cases falling under section 230, lay-out plans have not been sanctioned in accordance with section 231; (e) that the building or work would be an encroachment on Government land or land vested in the Corporation; (f) that the site of the building or work does not abut on a street or projected street and that there is no access to such building or work from any such street by a passage or pathway appertaining to such site; (g) that the building or work would be in contravention of any scheme sanctioned under section 267; (h) that a building for habitation, does not provide for a flush or a water seal latrine. (3) The Commissioner shall communicate the sanction to the person who has given the notice, and where he refuses sanction on any of the grounds specified in sub-section (2) of this section or under section 258 he shall record a brief statement of his reasons for such refusal and communicate the refusal alongwith the reasons therefor to the person who has given the notice. (4) The sanction or refusal as aforesaid shall be communicated in such manner as may be specified in the bye-laws made in this behalf. ### 255. When building or work may be proceeded with. (1) Where within a period of sixty days, after the receipt of any notice under section 251 or section 252 or of the further information, if any, required under section 253 the Commissioner does not refuse to sanction the building or work or upon refusal does not communicate the refusal to the person who has given the notice, the Commissioner shall be deemed to have accorded sanction to the building or work and person by whom the notice has been given shall be free to commence and proceed with the building or work in accordance with his intention as expressed in the notice and the documents and plans accompanying the same : Provided that if it appears to the Commissioner that the site of the proposed building or work is likely to be affected by any scheme of acquisition of land for any public purpose or by any proposed regular line of a public street or extension, improvement, widening or alteration of any street, the Commissioner may withhold sanction of building or work for such period not exceeding three months as he deems fit and the period of sixty days shall be deemed to commence from the date of the expiry of the period for which the sanction has been withheld. (2) Where a building or work is sanctioned or is deemed to have been sanctioned by the Commissioner under sub-section (1), the person who has given the notice shall be bound to erect the building or execute the work in accordance with such sanction but not so as to contravene any of the provisions of this Act or any other law or of any bye-law made thereunder. (3) If the person or any one lawfully claiming under him does not commence the erection of the building or the execution of the work within one year of the date on which the building or work is sanctioned or is deemed to have been sanctioned, he shall have to give notice under section 252 or, as the case may be, under section 251 for fresh sanction of the building or the work and the provisions of this section shall apply in relation to such notice as they apply in relation to the original notice. (4) Before commencing the erection of a building or execution of work within the period specified in sub-section (3), the period concerned shall give notice to the Commissioner of the proposed date of the commencement of the erection of the building or the execution of the work: Provided that if the commencement does not take place within seven days of the date so notified, the notice shall be deemed not have been given and a fresh notice shall be necessary in this behalf. ### 256. Sanction accorded under mis-representation. - If at any time after the sanction of any building or work has been accorded, the Commissioner is satisfied that such sanction was accorded in consequence of any material misrepresentation or fraudulent statement contained in the notice given or information furnished under sections 251, 252 and 253, he may by order in writing, cancel for reasons to be recorded such sanction and any building or work commenced, erected, or done shall be deemed to have been commenced, erected or done without such sanction : Provided that before making any such order the Commissioner shall give reasonable opportunity to the person affected as to why such order should not be made. ### 257. Buildings at corners of streets. - The Commissioner may require any building intended to be erected at the corner of two streets to be rounded off or splayed or cut off to such height and such extent as he may determine, and may acquire such portion of the site at the corner as he may consider necessary for public convenience or amenity. ### 258. Provisions as to buildings and works on new side. (1) The erection of any building on either side of a new street may be refused by the Commissioner unless and until such new street has been levelled and wherever in the opinion of the Commissioner practicable, metalled or paved, drained, lighted and laid with a water main to his satisfaction. (2) The erection of any such building or the execution of any such work may be refused by the Commissioner if such building or any portion thereof or such work comes within the regular line of any street, the position and direction of which has been laid down by the Commissioner but which has not been actually constructed or if such building or any portion thereof or such work is in contravention of any building or any other scheme or plan prepared under this Act, or any other law for the time being in force. ### 259. Period of completion of building or work. - The Commissioner when sanctioning the erection of a building or execution of a work, shall specify a reasonable period after the commencement of the building or work within which the building or work is to be completed and if the building or work is not completed within the period so specified it shall not be continued thereafter without fresh sanction obtained in the manner hereinbefore provided, unless the Commissioner on application made, therefor, has allowed an extension of that period. ### 260. Prohibition against use of inflammable materials for buildings etc. without permission. - In such areas as may be specified by bye-laws made in this behalf, no roof, verandah, pandal or wall of a building or no shed or fence shall be constructed or reconstructed of cloth, grass, leaves, mats or other inflammable material except with the written permission of the Commissioner nor shall any such roof, verandah, pandal, wall, shed, fence constructed or reconstructed in any year be retained in subsequent year except with fresh permission obtained in this behalf. ### 261. Order of demolition and stoppage of building and works in certain cases and appeal. (1) Where the erection of any work has been commenced, or is being carried on or has been completed without or contrary to the sanction referred to in section 254 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any of the provisions of this Act, or bye-laws made thereunder, the Commissioner may in addition to any other action that may be taken under this Act, make an order directing that such erection or work shall be demolished by the person at whose instance the erection or work has been commenced or is being carried on or has been completed within such period (not being less than three days from the date on which a copy of the order of demolition with a brief statement of the reasons therefor has been delivered to that person) as may be specified in the order of demolition : Provided that no order of demolition shall be made unless the person has been given by means of a notice served in such manner as the Commissioner may think fit, a reasonable opportunity of showing cause why such order should not be made : Provided further that where the erection or work has not been completed the Commissioner may by the same order or by a separate order, whether made at the time of the issue of the notice under the first proviso or at any other time, direct the person to stop the erection of work until the expiry of the period within which an appeal against the order of demolition, if made, may be preferred under sub-section (2) . (2) Any person aggrieved by an order of the Commissioner made under sub- section (1) may prefer an appeal against the order to the court of the [Divisional Commissioner] [Substituted 'District Judge' by Haryana Act No. 1 of 2007, dated 14.2.2007] of the Municipal area within the period specified in the order for the demolition of the erection or work to which it relates. (3) Where an appeal is preferred under sub-section (2) against an order of demolition the court of the [Divisional Commissioner] [Substituted 'District Judge' by Haryana Act No. 1 of 2007, dated 14.2.2007] may stay the enforcement of that order on such terms, if any, and for such period, as it may think fit : Provided that where the erection of any building or execution of any work has not been completed at the time of the making of the order of demolition, no order staying the enforcement of the order of demolition shall be made by the Court of the [Divisional Commissioner] [Substituted 'District Judge' by Haryana Act No. 1 of 2007, dated 14.2.2007] unless security, sufficient in the opinion of the court, has been given by the appellant for not proceeding with such erection or work pending the disposal of the appeal. (4) Save as provided in this section no court shall entertain any suit, application or other proceeding for injunction or other relief against the Commissioner or restrain him from taking any action or making any order in pursuance of the provisions of this section. (5) Every order made by the Court of the [Divisional Commissioner] [Substituted 'District Judge' by Haryana Act No. 1 of 2007, dated 14.2.2007] on appeal and subject only to such order, the order of demolition made by the Commissioner shall be final and conclusive. (6) Where no appeal has been preferred against an order of demolition made by the Commissioner under sub-section (1) or where an order of demolition made by the Commissioenr under that sub-section has been confirmed on appeal, whether with or without variation, the person against whom the order has been made shall comply with the order within the period specified therein or, as the case may be, within the period, if any fixed by the Court of the [Divisional Commissioner] [Substituted 'District Judge' by Haryana Act No. 1 of 2007, dated 14.2.2007] on appeal, and on the failure of the person to comply with the order within such period, the Commissioner may himself cause the erection of the work to which the order relates to be demolished and the expenses of such demolition shall be recoverable from such person as an arrears of tax under this Act. ### 262. Order of stoppage of building or works in certain cases. (1) Where the erection of any building or execution of any work has been commenced or is being carried on (but has not been completed) without or contrary to the sanction referred to in section 254 or in contravention of any condition subject to which such sanction has been accorded or in contravention of any provisions of this Act or bye-laws made thereunder, the Commissioner may in addition to any other action that may be taken under this Act by order, require the person at whose instance the building or the work has been commenced or is being carried on, to stop the same forthwith. (2) If an order made by the Commissioner under section 261 or under sub- section (1) of this section directing any person to stop the erection of any building or execution of any work is not complied with, the Commissioner may require any police officer to remove such person and all his assistants and workmen from the premises within such time as may be specified in the requisition and such police officer shall comply with the requisition accordingly. (3) After the requisition under sub-section (2) has been complied with, the Commissioner may, if he thinks fit, depute by a written order a police officer or a Corporation officer or other Corporation employee to watch the premises in order to ensure that the erection of the building or the execution of the work is not continued. (4) Where a police officer or a Corporation Officer or other Corporation employee has been deputed under sub-section (3) to watch the premises, the cost of such deputation shall be paid by the person at whose instance such erection or execution is being continued or to whom notice under sub-section (1) was given and shall be recoverable from such person as an arrears of tax under this Act. ### 263. Power of Commissioner to require alteration of work. (1) The Commissioner may, at any time during the erection of any building or execution of any work or at any time within three months after the completion thereof, by a written notice specify any matter in respect of which such erection or execution is without or contrary to the sanction referred to in section 254 or is in contravention of any condition of such sanction any of the provisions of this Act or any bye-laws made thereunder and require the person who gave the notice under section 251 or section 252 or the owner of such building or work either - (a) to make such alterations as may be specified in the said notice with the object of bringing the building or work in conformity with the said sanction, condition or provisions; or (b) to show cause why such alterations should not be made within the period stated in the notice. (2) If the person or the owner does not show cause as aforesaid, he shall be bound to make the alterations specified in the notice. (3) If the person or the owner shows cause as aforesaid, the Commissioner shall by an order either cancel the notice issued under sub-section (1) or confirm the same subject to such modifications as he thinks fit. ### 263A. [ Power to seal premises. [Inserted by Haryana Act No. 12 of 2013, dated 26.9.2013.] (1) The Commissioner may, at any time, before or after making an order under section 261 of 262 may order to seal the premises. (2) Where any premises has been sealed, the Commissioner, may order such seal to be removed for the purpose of - (a) allowing an opportunity to the owner to bring it in conformity with the sanctioned building plan as per the provisions of this Act, rules or bye-laws framed thereunder within a period, which shall not exceed three months; or (b) allowing the functionaries of the Corporation to bring it in conformity with the sanctioned building plan as per the provisions of this Act, rules or bye-laws framed thereunder at the cost of the owner; or (c) demolition, at the cost of the owner. (3) No person shall remove such seal except- (a) Under an order made by the commissioner under sub-section (2);or (b) under an order of the appellate authority. (4) Where any order of sealing has been passed under sub-section (1), the owner may file an appeal before the Divisional Commissioner concerned within a period of seven days of passing of such order. The Divisional Commissioner may either reject the appeal or stay the order to allow the owner to bring the premises in accordance with the sanctioned building plan as per the provisions of this Act, rules or by bye-laws framed thereunder, with such conditions including furnishing of a bank guarantee of an amount , as deemed fit. On failure of the owner to adhere to the conditions of the order, bank guarantee shall be revoked and the premises shall be liable for demolition, at the cost of the owner. Such cost shall be paid by the owner within a period of one month form the date of demolition of the said premises. (5) In the event of non-payment of the cost by the owner as per sub-section (3), the same shall be recoverable as arrears of land revenue.] ### 264. Completion Certificate. (1) Every person who employs a licensed architect or engineer or a person approved by the Commissioner to design or erect a building or execute any work shall, within one month after the completion of the erection of the building or execution of the work, deliver or send or cause to be delivered or sent to the Commissioner a notice in writing of such completion accompanied by a certificate in the form prescribed by bye-laws made in this behalf and shall give to the Commissioner all necessary facilities for the inspection of such building or work. (2) No person shall occupy or permit to be occupied any such building or use or permit to be used any building or a Part thereof effected by any such work until permission has been granted by the Commissioner in this behalf in accordance with bye-laws made under this Act: Provided that if the Commissioner fails within a period of thirty days after the receipt of the notice of completion to communicate his refusal to grant such permission, it shall be deemed to have been granted. ### 265. Restrictions on use of buildings and removal of dangerous buildings. (1) No person shall, without the written permission of the Commissioner, or otherwise than in conformity with the conditions, if any, of such permission - (a) use or permit to be used for human habitation any Part of a building not originally erected or authorised to be used for that purpose or not used for that purpose before any alteration has been made therein by any work executed in accordance with the provisions of this Act and of the bye- laws made thereunder; (b) change or allow the change of the use of any land or building; (c) convert or allow the conversion of one kind of tenement into another kind. (2) If it appears to the Commissioner at any time that any building is in a ruinous condition, or likely to fall, or in any way dangerous to any person occupying, resorting to or passing by such building or any other building or place in the neighbourhood of such building, the Commissioner may, by order in writing, require the owner or occupier of such building to demolish , secure or repair such building or do one or more of such things within such period as may be specified in the order, as to prevent all cause of danger therefrom. (3) The Commissioner may also, if he thinks fit, require such owner or occupier by the order made under sub-section (2) either forthwith or before proceeding to demolish, secure or repair the building to set up a proper and sufficient board or fence for the protection of passers-by and other persons, with a convenient platform and hand rail wherever practicable to serve as a foot way for passengers outside of such board or fence. (4) If it appears to the Commissioner that danger from a building which is in a ruinous condition or likely to fall is imminent, he may, before making the order aforesaid, fence off, demolish, secure or repair the said building or take such steps as may be necessary to prevent the danger. (5) If the owner or occupier of the building does not comply with the order within the period specified therein, the Commissioner shall take such steps in relation to the building as to prevent all cause of danger therefrom. (6) All expenses incurred by the Commissioner in relation to any building under this section shall be recoverable from the owner or occupier thereof as an arrears of tax under this Act. ### 266. Power to order building to be vacated in certain circumstances. (1) The Commissioner may by order in writing direct that any building, which in his opinion, is in a dangerous condition or is not provided with sufficient means of egress in case of fire or is occupied in contravention of section 264, be vacated forthwith or within such period as may be specified in the order. Provided that at the time of making such order the Commissioner shall record a brief statement of the reasons therefor. (2) If any person fails to vacate the building in pursuance of such order the Commissioner may direct any police officer to remove such person from the building and the police officer shall comply with such direction accordingly. (3) The Commissioner shall, on the application of any person who has vacated, or has been removed from any building in pursuance of an order made by him, allow such person to reoccupy the building on the expiry of the period for which the order has been in force; provided that the reasons on account of which the vacation was ordered have been rectified or have ceased to exist. ### 267. Building Scheme. (1) The Corporation may, and if so required by the Government shall, within six months of the date of such requisition, draw up a building scheme for built areas, and a town planning scheme for unbuilt areas, which may among other things provide for the following matters, namely :- (a) the restriction of the erection or re-erection of buildings or any class of buildings in the whole or any Part of the city, and of the use to which they may be put: [Provided that where an individual or a company applies for preparation/approval of town planning scheme over its own land, then the un-built area shall not be declared. The Corporation shall pass a resolution for approval of town planning scheme within sixty days from the date such proposal is put up for its consideration for the first time, otherwise the commission shall forward the proposal of the town planning scheme directly to the Government.] [Inserted by Haryana Act No. 31 of 2017, dated 23.11.2017.] (b) the prescription of a building line on either side or both sides of any street existing or proposed; (c) [ the amount of land in such unbuilt area shall be transferred to the Corporation for public purpose including use as public streets by owners of land on payment of compensation : [Clause (c) substituted by Haryana Act No. 18 of 1999.] Provided that the total amount so transferred shall not exceed fifty per centum; Provided further that where owners of land offer land willingly without payment of compensation to draw up a town planning scheme they shall not be entitled to any compensation.] (d) the determination of the size and shape of a reconstituted plot so as to render it suitable for building purposes and where the plot is already built upon, to ensure that the building, so far as possible, complies with the provisions of the scheme in respect of open spaces; (e) the formation of a reconstituted plot by the alteration of the boundaries of an original plot; (f) the formation of a reconstituted plot by the transfer wholly or Partly of the adjoining lands; (g) the allotment of a plot to any owner dispossessed of land in furtherance of the scheme; (h) the transfer of ownership of a plot from one person to another; and (i) the details of the internal services, estimated cost for providing them, the extent of the liability of the owner of buildings and lands for the payment of the cost and the manner of payment of the same. Explanation. - For the purposes of this section - (1) the reconstituted plot shall mean a plot which is altered in ownership or otherwise as a result of making of a town planning scheme; (2) internal services shall mean - (i) metalling of roads and paving of footpaths; (ii) turfing and plantation with trees of open spaces; (iii) street lighting; (iv) adequate and wholesome water supply; (v) sewers and drains both for storm and sullage water and necessary provision for their treatment and disposal; and (vi) any other works that the Corporation may think necessary for the development of the area comprised in the scheme. (2) When a scheme has been drawn up under the provisions of sub-section (1), the Corporation shall give public notice of such scheme and shall at the same time intimate a date not less than thirty days from the date of such notice by which any person may submit to the Corporation in writing any objection or suggestion with regard to such scheme which he may wish to make. (3) The Corporation shall consider every objection or suggestion with regard to the scheme which may be received by the date intimated under the provisions of sub-section (2) and may modify the scheme in consequence of any such objection or suggestion and shall then forward such scheme as originally drawn up or as modified to the Government which may sanction such scheme or may refuse to sanction it, or may return it to the Corporation for reconsideration and resubmission by a specified date. (4) If a Corporation fails to submit a scheme within six months of being required to do so under sub-section (1) or fails to resubmit a scheme by a specified date, when required to do so under sub-section (3) or resubmit a scheme which is not approved by the Government, the Government may draw up a scheme of which notice police shall be given by notification and by publication within the Municipal area together with an intimation of the date by which any person may submit in writing to the Government any objection or suggestion which he may wish to make and the Government may sanction such scheme as originally notified or modified in consequence of any such objections or suggestion, as the Government may think fit; and the cost of such scheme or such portion of the cost as the Government may deem fit shall be defrayed from the Corporation Fund. (5) While sanctioning a scheme the Government may impose condition for the submission of periodical reports to it on the progress of the scheme and for the inspection and supervision of the scheme. (6) After the scheme has been sanctioned, the Corporation shall proceed to provide internal services as soon as possible and complete it within a period of five years from the date of its sanction. (7) If under the provisions of any scheme sanctioned under the preceding sub-sections the erection or re-erection of building in a specified area for a specified purpose is prohibited, any person who after such scheme is sanctioned, uses any building for such purpose shall, unless it was used for this purpose before the scheme was sanctioned, on conviction be liable to fine which may extend to five thousand rupees, and if after such conviction he continues to use such building for such purpose shall be liable to fine which may extend to one hundred rupees for every day during which such use continues. Explanation. - For the purpose of this section - (i) 'building area' is that portion of a Municipal area of which the greater Part has been developed as a business or residential area; and (ii) 'unbuilt area' is an area within the local limits of a Municipal area which is declared as such at a special meeting of the Corporation by a resolution confirmed by the Government, or which is notified as such by the Government. ### 267A. [ Regularization of certain buildings. [Inserted by Haryana Act No. 8 of 2009.] (1) Notwithstanding anything contained in section 267, the Government may, in the public interest, regularize the buildings in any area whether constructed with or without sanction of the Corporation and for which no building scheme or town planning scheme has been sanctioned. (2) The Corporation shall in respect of area covered under sub- section (1) prepare regularization scheme as may be prescribed. (3) Every house/plot owner shall be liable to pay the regularization fee on demand to the Corporation a period of thirty days of the demand notice.] Chapter XV Sanitation and Public Health -------------------------------------------- ### 268. Provision for daily cleansing of streets and removal of rubbish and filth. (1) For the purpose of securing the efficient scavenging and cleansing of all streets and premises, the Commissioner, shall provide - (a) for the daily surface cleansing of all streets and the removal of the sweepings therefrom; and (b) for the removal of the contents of all receptacles and depots and of the accumulations at all places provided for appointment by him under the provisions of this Act for the temporary deposit of rubbish, filth and other polluted and obnoxious matter. (2) The Commissioner may, by public notice, issue directions as to the time at which, the manner in which, and the conditions subject to which, any matter referred to in sub-section (1) may be removed along a street or may be deposited or otherwise disposed of. ### 269. Rubbish etc. to be property of Corporation. - All matters deposited in public receptacles, depots and places provided or appointed under section 270 and all matters collected by Corporation employees or contractors in pursuance of sections 268 and 273 shall be property of the Corporation. ### 270. Provision for placement of receptacles, depots and places for rubbish etc. (1) The Commissioner shall - (a) provide or place in proper and convenient situations public receptacles, depots or places for the temporary deposit of rubbish, filth and other polluted and obnoxious matter and for the final disposal of rubbish, filth and other polluted and obnoxious matter; (b) provide dustbins for the temporary deposit of rubbish; (c) provide vehicles or other suitable means for the removal of rubbish and offensive matter; and (d) provide covered vehicles or vessels for the removal of filth and other polluted and obnoxious matter. (2) The Commissioner shall make adequate provisions for preventing receptacles, deposits, dustbins, vehicles and vessels referred to in sub- section (1) from becoming sources of nuisance. ### 270A. [ Use of Municipal Corporation, Government or private land for the purpose of collection and disposal of solid waste. [Section 270-A added by Haryana Act No. 15 of 2000.] (1) Corporation may use any place or land belonging to the Corporation or the State Government or private land for the purpose of collection, treatment and disposal of solid waste within or outside their limit and may at all times do all acts, things which may be necessary or expedient for repairing and maintaining such land selected for solid waste management : Provided that reasonable compensation shall be paid to the owner or occupier of the land, if it belongs to any private person. (2) The Urban Development Authorities as well as private colonizers shall provide suitable land/site for solid waste management at the time of planning of new residential, commercial and industrial complexes.] ### 271. Duty of owners and occupiers to collect and deposit rubbish etc. - It shall be the duty of the owner and occupier of all premises - (a) to have the premises swept and cleaned; (b) to cause all filth, rubbish and other polluted and obnoxious matter to be collected from their respective premises and deposited at such times as the Commissioner, by the public notice prescribe, in public receptacles, depots or places provided or appointed under section 270 for temporary deposit or final disposal thereof; (c) to provide receptacles of the type and in the manner prescribed by the Commissioner for the collection therein of all filth, rubbish and other polluted and obnoxious matter from such premises and to keep such receptacles in good condition and repair. ### 272. Removal of rubbish etc. accumulated on premises used as factories, workshop, etc. - The Commissioner may, if he thinks fit - (a) by written notice require the owner or occupier of any premises used for carrying on any manufacture, trade or business or used as a factory, workshop, trade premises or market or in any way so that rubbish, filth and other polluted and obnoxious matter are accumulated in large quantities, to collect all such rubbish, filth and other polluted and obnoxious matter accumulated thereon and to remove the same at such time and in such carts or receptacles and by such routes as may be specified in the notice to a depot or place provided or appointed under section 270; or (b) after giving such owner or occupier notice of his intention cause all rubbish, filth and other polluted and obnoxious matter accumulated in such premises to be removed and charge the said owner or occupier for such removal such fee as may, with the sanction of the Corporation, be specified in the notice issued under clause (a). ### 273. Prohibition against accumulation of rubbish etc. (1) No owner or occupier of any premises shall keep or allow to be kept for more than twenty-four hours or otherwise than in a receptacle approved by the Commissioner, any rubbish, filth or other polluted and obnoxious matter on such premises or any place belonging thereto or neglect to employ proper means to remove such rubbish, filth and other polluted and obnoxious matter from or to cleanse, such receptacle and to dispose of such rubbish, filth and other polluted and obnoxious matter in the manner directed by the Commissioner, or fail to comply with any requisition of the Commissioner as to the construction, repair, pavement or cleansing of any latrine or urinal on or belonging to the premises. (2) No owner or occupier shall allow the water of any sink, drain, latrine or urinal or any rubbish, filth and other polluted and obnoxious matter to run down on or to be thrown or put upon, any street or into any drain in or along the site of any street except in such manner as shall prevent any avoidable nuisance from any such a water, rubbish filth or other polluted and obnoxious matter. (3) No person shall, after due provisions had been made in this respect under the foregoing provisions of this Chapter for the deposit and removal of the same - (a) deposit any rubbish, filth and other polluted and obnoxious matter in any street or on the verandah of any building or on any unoccupied ground along side any street or on the bank of a [water course or on public and vacant land] [Substituted for the words 'water course' by Haryana Act No. 18 of 1999.] ; or (b) deposit any filth or other polluted and obnoxious matter in any dustbin or in any vehicle not intended for the removal of the same; or (c) deposit rubbish in any vehicle or vessel intended for the removal of filth and other polluted and obnoxious matter. ### 274. Commissioner's power to get premises scavenged and cleansed. - If any premises are not properly and regularly scavenged or cleansed or are in a filthy and unwholesome condition, the Commissioner any cause them to be scavenged and cleansed and recover the expenses from the owner or, as the case may be, occupier as an arrears of tax under this Act. ### 275. Public latrines, urinals, etc. (1) The Commissioner shall provide and maintain in proper and convenient places a sufficient number of public latrines and urinals. (2) Public latrines and urinals shall be so constructed as to provide separate comPartments for each sex and not to be a nuisance, and shall be provided with all necessary conservancy, establishments and shall regularly be cleansed and kept in proper order. ### 276. Constructions of latrines and urinals. (1) It shall not be lawful to construct any latrine or urinal for any premises except with the written permission of the Commissioner and in accordance with such terms not inconsistent with the provisions of this Act or any bye-laws made thereunder as he may prescribe. (2) In prescribing terms under sub-section (1), the Commissioner shall determine in each case - (a) whether the premises shall be served by flush system or premises shall have water seal latrine; (b) what shall be the site or position of each latrine or urinal. (3) If any latrine or urinal is constructed on any premises in contravention of the foregoing provisions, the Commissioner may, after giving not less than ten days' notice to the owner or occupier of such premises, alter, reconstruct, close or demolish such latrine or urinals and the expenditure incurred by the Commissioner in so doing shall be recoverable from the owner or occupier as an arrears of tax under this Act. (4) No building plans shall be passed by the Corporation against the provisions made in this section. ### 277. Latrines and urinals etc. in new buildings. (1) It shall not be lawful to erect any building or execute any work on or in relation to such building without providing such latrine accommodation and accommodation for bathing or for washing clothes and utensils on each floor of such building as may be prescribed. (2) While prescribing such accommodation it may in each case be determined - (a) whether such building shall be served by the flush system or by water seal system; (b) what shall be the site or position of each latrine, urinal, bathing or washing place or site and their number on each floor and their clear internal dimensions. (3) It shall not be lawful to erect a residential building composed of separate tenements on the flat system without providing at least one latrine and one bathing or washing place for servants on the ground floor of such building or at any other suitable place in the same premises. (4) In this section the expression "to erect a building" has the same meaning as in section 249. ### 278. Latrines and urinals for labourers etc. - Every person employing workmen, labourers or other persons exceeding twenty in number shall and maintain for the separate use of persons of each sex so employed, latrines and urinals, of such description and number as the Commissioner may by notice require and within such time as may be fixed in the notice and shall keep the same in clean and proper order. ### 279. Provision of latrines and urinals for markets etc. - The Commissioner may by notice require any owner or manager of a market, cart stand, cattle shed, theatre, railway station and other places of public resort within such time as may be specified in such notice to provide and maintain for the separate use of persons of each sex, latrines and urinals of such description and number and in such position as may be specified and to keep the same in clean and proper order. ### 280. Other provisions as to private latrines. - The Commissioner may, by written notice- (a) require the owner or other person having the control of any private latrine or urinal not to put the same to public use; or (b) require the owner or other persons having control of such private latrine or urinal which in the opinion of the Commissioner constitutes a nuisance, to remove the latrine or the urinal; or (c) require any person having the control whether as owner, lessee or occupier of any land or building - (i) to have any latrine provided for the same shut out by a sufficient roof, wall or fence from the view of persons passing by or dwelling in the neighbourhood; or (ii) to cleanse in such manner as the Commissioner may specify in the notice any latrine or urinal belonging to the land or building; or (d) where any premises intended or used for human habitation are without any latrine or urinal accommodation or are provided with insufficient latrine or urinal accommodation, require the owner, lessee or occupier of such premises to provide such or such additional latrine or urinal accommodation as may be prescribed, if necessary, by causing any Part of such premises to be vacated and demolished in accordance with the bye-laws made in this behalf. ### 281. Removal of congested buildings. (1) Where it appears to the Commissioner that any block of buildings is in an unhealthy condition by reason of the manner in which the buildings are crowded together, or of the narrowness, closeness, or faulty arrangement of streets, or of the want of proper drainage and ventilation, or of the impracticability of cleansing the buildings or other similar cause, he shall cause the block to be inspected by the Corporation Health Officer and the Corporation Engineer, who shall make a report in writing to him regarding the sanitary condition of the block. (2) If upon receipt of report the Commissioner considers that the sanitary condition of the block is likely to cause risk of disease to the inhabitants of the buildings or of the neighbourhood or otherwise to endanger the public health, he shall with the approval of the Corporation select the buildings which in his opinion should wholly or in Part be removed in order to abate the unhealthy condition of the block and may thereupon by notice in writing require the owners of such buildings to remove them within such period as may be specified in the notice; Provided that before issuing the notice, reasonable opportunity should be afforded to the owners to show cause why the buildings should not be removed: Provided further that the Commissioner shall make compensation to the owners for any building, so removed which may have been erected under proper authority. (3) If a notice under sub-section (2) requiring any owner of a building to remove it is not complied with, then, after the expiration of the time specified in the notice the Commissioner may himself remove the building required to be removed by the notice and recover from the owner of the building the expenses of such removal as an arrears of tax under this Act. ### 282. Power of Commissioner require improvement of building unfit for human habitation. (1) Where the Commissioner upon information in his possession is satisfied that any building is in any respect unfit for human habitation, he may, unless in his opinion the building is not capable at a reasonable expense of being rendered fit, serve upon the owner of the building a notice requiring him within such time not being less than thirty days as may be specified in the notice to execute the works of improvement specified therein and stating that in his opinion those works will render the building fit for human habitation. (2) In addition to serving a notice under this section on the owner the Commissioner may serve a copy of the notice on any other person having an interest in the building whether as a lessee, mortgagee or otherwise. (3) In determining whether a building can be rendered fit for human habitation at a reasonable expense regard shall be had to the estimated cost of the work necessary to render it so fit and the value which it is estimated that the building will have when the works are completed. ### 283. Enforcement of notice requiring execution of works of improvement. - If a notice under section 282 requiring the owner of the building to execute works of improvement is not complied with, then, after the expiration of the time specified in the notice the Commissioner may himself do the works required to be done by the notice and recover the expenses incurred in connection therewith as an arrears of tax under this Act. ### 284. Power of Commissioner to order demolition of buildings unfit for human habitation. (1) Notwithstanding anything contained in section 144 of the Code of Criminal Procedure, 1973, where the Commissioner upon any information in his possession is satisfied that any building is unfit for human habitation and is not capable at a reasonable expense of being rendered so fit, he shall serve upon the owner of the building and upon any other person having an interest in the building, whether as a lessee, mortgagee or otherwise a notice to show cause within such time as may be specified in the notice as to why an order of demolition of the building should not be made. (2) If any of the person upon whom a notice has been served under sub-section (1), appears in pursuance thereof before the Commissioner and gives an undertaking to him that such person shall, within a period specified by the Commissioner, execute such works of improvement in relation to the building as will, in the opinion of the Commissioner render the building fit for human habitation or an undertaking that the building shall not be used for human habitation until the Commissioner on being satisfied that it has been rendered fit for that purpose, cancel the undertaking, the Commissioner shall not make an order of demolition of the building. (3) If no such undertaking as is mentioned in sub-section (2) is given, or if in a case where any such undertaking has been given, any work of improvement to which the undertaking relates is not carried out within the specified period or the building is at any time used in contravention of the terms of the undertaking, the Commissioner shall forthwith make an order of demolition of the building requiring that the building shall be vacated within a period to be specified in the order not being less than thirty days from the date of the order, and that it shall be demolished within six weeks of the expiration of that period. (4) Where an order of demolition of a building under this section has been made, the owner of building or any other person having an interest therein shall demolish that building within the time specified in that behalf by the order, and if the building is not demolished within that time, the Commissioner shall demolish the building and sell the materials thereof. (5) Any expenses incurred by the Commissioner under sub-section (4), if not satisfied out of the proceeds of the sale of materials of the building, shall be recovered from the owner of the building or any other person having an interest therein as an arrears of tax under this Act. (6) In determining for the purposes of section 282 and this section whether a building is unfit for human habitation, regard shall be had to its condition in respect of the following matters that is to say - (a) repair; (b) stability; (c) freedom from damp; (d) natural light and air; (e) water supply; (f) drainage and sanitary conveniences; (g) facilities for storage, preparation and cooking of food and for the disposal of rubbish, filth and other polluted matter, and the building shall be deemed to be unfit as aforesaid if and only if it is so far defective in one or more of the said matters that it is not reasonably suitable for occupation in that condition. Explanation. - In sections 282, 283 and this section, "1 work of improvement" in relation to a building includes any one or more of the following works, namely :- (a) necessary repairs; (b) structural alterations; (c) provision of light points and water taps; (d) construction of drains, open or covered; (e) provision of latrines and urinals; (f) provision of additional or improved fixtures and fittings; (g) opening up or paving of courtyard; (h) removal of rubbish, filth and other polluted and obnoxious matter; (i) any other work including the demolition of any building or any Part thereof which, in the opinion of the Commissioner, is necessary for executing any of the works specified above. (7) The person, against whom an order under sub-section (4) is made, may, within a period of thirty days of such order, file an appeal to the Divisional Commissioner. (8) The provisions of sections 281, 282, 283 and this section shall not apply in relation to any building etc. in any area which has been declared to be a slum area under the Punjab Slum Areas (Improvement and Clearance) Act, 1961 (Punjab Act 24 of 1961). ### 285. Insanitary huts and sheds. - Where the Commissioner upon any information in his possession is satisfied that any hut or shed used as dwelling house or as a stable or for any other purpose, is likely, by reason of its being constructed without a plinth or on account of the impracticability of scavenging and cleansing it or owing to the manner in which it and other huts or sheds are crowded together, to cause risk of disease to the inmates thereof or to the inhabitants of the neighbourhood, or is for any reason likely to endanger public health or safety, he may by notice in writing require the owner or occupier of the hut or shed or the owner or occupier of the land on which the hut or shed stands to remove or alter the hut or shed or carry out such improvement thereof as the Commissioner may deem necessary within such time as may be specified in the notice. ### 286. Prohibition against washing by washermen. (1) The Commissioner may by public notice prohibit the washing of clothes by washermen in the exercise of their callings except at such places as he may appoint for the purpose. (2) When any such prohibition has been made, no person who is by calling a washerman shall in contravention of such prohibition wash clothes except for himself or for personal and family service or for hire on or within the premises of the hirer at any place other than a place appointed under sub- section (1). ### 287. Obligation to give information of dangerous disease. - Any person being incharge of or in attendance whether as medical practitioner or otherwise, upon any person whom he knows or has reason to believe to be suffering from a dangerous disease, or being owner, lessee or occupier of any building in which he knows that any such person is so suffering shall forthwith give information in respect of the existence of such disease to the Corporation Health Officer. ### 288. Removal of patient to hospital suffering from dangerous disease. - When any person suffering from any dangerous disease is found to be - (a) without proper lodging or accommodation; or (b) living in a room or house which he neither owns nor pays rent for, not occupies as the guest or relative of person who owns, or pays rent for it; or (c) living in a sarai, hotel, boarding house or other public hostel; or (d) lodged in premises occupied by members of two or more families, the Commissioner or any person authorised by him in this behalf, may, on the advice of any medical officer of the rank not inferior to that of an assistant surgeon, remove the patient to any hospital or place at which persons suffering from such disease are received for medical treatment and may do anything necessary for such removal. ### 289. Disinfection of buildings and articles. - Where the Commissioner is of the opinion that the cleansing and disinfection of any building or Part of a building or of any article in such building or Part of which are likely to retain infection or the renewal or flooring of any building or Part of such building and the renewal or plastering of the walls thereof, would tend to prevent or check the spread of any dangerous disease; he may, by notice in writing, require the owner or occupier to cleanse and disinfect the said building, Part or articles, as the case may be, or to renew the said flooring and if necessary the said plastering also within such time as may be specified in the notice : Provided that where in the opinion of the Commissioner the owner or occupier is from poverty unable effectually to carry out any such requisition, the Commissioner may at the expense of the Corporation cleanse and disinfect the building, or articles, or as the case may be, renew the flooring and if necessary, the plastering also. ### 290. Destruction of infection huts or shed. (1) Where the destruction of any hut or shed is in the opinion of the Commissioner necessary to prevent the spread of any dangerous disease, the Commissioner may by notice in writing require the owner to destroy the hut or shed and the materials thereof within such time as may be specified in the notice. (2) Where the Commissioner is satisfied that the destruction of any hut or shed is immediately necessary for the purpose of preventing the spread of any dangerous disease, he may order the owner or occupier of the hut or shed to destroy the same forthwith or may himself cause it to be destroyed. (3) Compensation may be paid by the Commissioner, in any case which he thinks fit to any person who sustains substantial loss by the destruction of any such hut or shed, but, except as so allowed by the Commissioner, no claim for compensation shall lie for any loss or damage caused by any exercise of the power conferred by this section. ### 291. Means of disinfection. (1) The Commissioner shall - (a) provide proper places with necessary attendants and apparatus for the disinfection of conveyances, clothing, bedding and other articles which have been exposed to infection; (b) cause conveyances, clothing and other articles brought for disinfection to be disinfected either free of charge or on payment of such charges as he may fix. (2) The Commissioner may notify places at which articles of clothing, bedding and conveyances or other articles which have been exposed to infection shall be washed and if he does so, no person shall wash any such thing at any place not so notified without having previously disinfected such thing. (3) The Commissioner may direct the destruction of any clothing, bedding or other articles likely to retain infection and may give such compensation as he thinks fit for any article so destroyed. ### 292. Special measures in case of outbreak of dangerous or epidemic disease. (1) In the event of the Municipal area or any Part thereof being visited or threatened by an outbreak of any dangerous disease among the inhabitants thereof or of any epidemic disease among any animals therein, the Commissioner, if he thinks that the other provisions of this Act and the provisions of any other law for the time being in force are insufficient for the purpose may, with the previous sanction of the Corporation - (a) take such special measures; and (b) by public notice, give such directions to be observed by the public or by any class or section of the public, as he thinks necessary to prevent the outbreak or spread of the disease : Provided that where in the opinion of the Commissioner immediate measures are necessary, he may take action without such sanction as aforesaid and if he does so, shall forthwith report such action to the Corporation. (2) No person shall commit a breach of any direction given under sub-section (1) and if he does so he shall be deemed to have committed an offence under section 188 of the Indian Penal Code, 1860. ### 293. Infected clothes not to be sent to washerman or to laundry. (1) A person shall not send or take to any washerman or to any laundry or place set aPart for the exercise by washerman or their calling, for the purpose of being washed or to any place for the purpose of being cleansed, any cloth or other article which he knows to have been exposed to infection from a dangerous disease unless that cloth or article has been disinfected by or to the satisfaction of the Corporation Health Officer. (2) The occupier of any building in which a person is suffering from a dangerous disease shall, if required by the Corporation Health Officer furnish to him the address of any washerman to whom or any laundry or other place to which clothes and other articles from the building have been or will be, sent during the continuance of the disease for the purpose of being washed or cleansed. ### 294. Contamination and disinfection of public conveyances. (1) Whoever - (a) uses a public conveyance while suffering from a dangerous disease; or (b) uses a public conveyance for the carriage of person who is suffering from any disease; or (c) uses a public conveyance for the carriage of the corpse of a person who had died from such disease, shall be bound to take proper precautions against the communication of the disease to other person using or who may thereafter use the conveyance and to notify such use to the owner, driver or person in charge of the conveyance and further report without delay to the Commissioner the number of the conveyance and the name of the person so notified. (2) Where any person suffering from, or the corpse of any person who has died from a dangerous disease has been carried, in public conveyance which ordinarily plies in the Municipal area or any Part thereof, the driver thereof, shall forthwith report the fact to the Commissioner who shall forthwith cause the conveyance to be disinfected if that has not already been done. (3) No such conveyance shall be again brought into use until the Corporation Health Officer has granted a certificate stating that it can be used without causing risk of infection. (4) Whoever fails to make to the Commissioner any report which he is required to make under this section shall be guilty of an offence. ### 295. Driver of conveyance not bound to carry persons suffering from dangerous disease. - Notwithstanding anything contained in any law for the time being in force no owner, driver or person incharge of a public conveyance shall be bound to convey or to allow to be conveyed in such conveyance in or in the vicinity of the Municipal area any person suffering from a dangerous disease or the corpse of any person who had died from such disease unless and until such person pays or tenders a sum sufficient to recover any loss and expenses which would ordinarily be incurred in disinfecting the conveyance. ### 296. Disinfection of buildings before letting the same. (1) Where any building or Part of a building, is intended to be let in which any person has, within six weeks immediately preceding, been suffering from a dangerous disease, the person letting the building or Part shall, before doing so, disinfect the same in such manner as the Commissioner may be general or special notice direct together with all articles therein liable to retain infection. (2) For the purposes of this section the keeper of a hostel, hotel, lodging house or sarai shall be deemed to let a Part of the building to any person accommodated in such hostel, hotel, lodging house or sarai, as the case may be. ### 297. Disposal of infected articles without disinfection. - No person shall, without previous disinfection give, lend, sell, transmit or otherwise dispose of to another person any article or thing which he knows or has reason to believe was exposed to contamination by any dangerous disease and is likely to be used in or taken into the Municipal area or any Part thereof. ### 298. Prohibition of making or selling of food, etc. or washing of clothes by infected persons. - No person, while suffering from, or in circumstances in which he is likely to spread any dangerous disease, shall - (a) make, carry or offer for sale or take any Part in the business of making, carrying or offering for sale, any article of food or drink or any medicine or drug for human consumption, or any article of clothing or bedding for personal use or wear; or (b) take any Part in the business of the washing or carrying of clothes. ### 299. Power to restrict or prohibit sale of food or drink. - When the Municipal area or any Part thereof is visited or threatened by an outbreak of any dangerous disease, the Commissioner may, by public notice, restrict in such manner or prohibit for such period as may be specified in the notice, the sale or preparation of any article of food or drink for human consumption specified in the notice or the sale of flesh of any description of animal so specified. ### 300. Control over wells and tanks etc. (1) If the Commissioner is of opinion that the water in any well, tank or other place is likely if used for drinking, to endanger, or cause the spread of any disease, he may - (a) by public notice, prohibit the removal or use of such water for drinking; or (b) by notice in writing, require the owner or person having control of such well, tank or place to take such steps as may be directed by the notice to prevent the public from having access to or using such water; or (c) take such other steps as he may consider expedient to prevent the outbreak or spread of any such disease. (2) In the event of the Municipal area or any Part thereof being visited or threatened by an outbreak of a dangerous disease, the Corporation Health Officer or any person authorised by him in this behalf, may without notice and at any time, inspect and disinfect any well, tank or other place from which water is, or is likely to be, taken for the purpose of drinking and may further take such steps as he may think fit to ensure the purity of the water or to prevent the use of the same for drinking purposes. ### 301. Duty of persons suffering from dangerous diseases. - No person shall - (a) knowing that he is suffering from a dangerous disease expose other persons to the risk of infection by his presence or conduct in any public street or public place; (b) having the care of a person whom he knows to be suffering from a dangerous disease cause or permit that person to expose other person to the risk of infection by his presence or conduct in any such street or place as aforesaid; (c) place or cause to be placed in a dust bin or other receptacle for the deposit of rubbish, any matter which he knows to have been exposed to or having infection from a dangerous disease and which has not been disinfected properly; (d) throw or cause to be thrown into any latrine or urinal any matter which he knows to have been exposed to infection from a dangerous disease and which has not been disinfected properly. ### 302. Disposal of infectious corpse, where any person has died from any dangerous disease. - Where any person has died from any dangerous disease the Commissioner may by notice in writing - (a) require any person having charge of the corpse to convey the same to mortuary thereafter to be disposed of in accordance with law; or (b) prohibit the removal of corpses from the place where death occurred except for the purpose of being burnt, burried for from being conveyed to a mortuary. ### 303. Conditions of service of Safai Karamcharis and certain other classes of persons employed in Corporation service. (1) No person being a Safai Karamchari employed by the Corporation shall in the absence of any contract authorising him so to do and without reasonable cause, resign his employment or absent himself from his duty without having given one month's notice to the Commissioner or shall neglect or without reasonable cause refuse to perform his duties. (2) The Corporation may by resolution direct that on or from such date as may be specified in the resolution, the provisions of this section shall apply in the case of any specified class of persons employed by the Corporation whose functions are intimately concerned with public health or safety. ### 304. Power to call for information regarding burning and burial ground. - The Commissioner may, by notice in writing, require the owner or person incharge of any building or burial grounds, cremation ground or electric crematorium to supply such information as may be specified in the notice concerning the condition, management or position of such ground. ### 305. Permission for use of new burning or burial ground. (1) No place which has not been used as a burning or burial ground, cremation grounds or electric crematorium before the commencement of this Act, shall be so used without the permission in writing of the Commissioner. (2) Such permission may be granted subject to any condition which the Commissioner may think fit to impose for the purpose of preventing any annoyance to or danger to the health of any person residing in the neighbourhood. ### 306. Power to require closing of burning and burial ground. (1) Where the Commissioner, after making or causing to be made local enquiry, is of opinion that any burning or burial grounds or cremation ground or electric crematorium, has become offensive to, or dangerous to the health of persons residing in the neighbourhood, he may with the previous sanction of the Corporation, by notice in writing, require the owner or person incharge of such ground to close the same from such date as may be specified in the notice. (2) No corpse shall be burnt or buried at the burning or burial ground in respect of which a notice has been issued under this section. ### 307. Removal of corpses. - The Commissioner may by public notice prescribe routes by which alone corpses may be removed to burning or burial grounds. ### 308. Disposal of dead animals. (1) Whenever any animal in the charge of any person dies, the person incharge thereof shall within twenty-four hours either - (a) convey the carcass to a place provided or appointed under section 270 for the final disposal of the carcasses of dead animals; or (b) give notice of the death to the Commissioner whereupon he shall cause the carcass to be disposed of. (2) In respect of the disposal of the carcass of dead animals under clause (b) of sub-section (1) the Commissioner may charge such fee as he may by public notice specify. Chapter XVI Public Safety and Suppression of Nuisances ----------------------------------------------------------- ### 309. Prohibition of nuisances. (1) No person shall - (a) in any public street or public place - (i) ease himself; or (ii) carry meat exposed to public view; or (iii) picket animals or collect carts; or (iv) being engaged in the removal of rubbish, filth or other polluted and obnoxious matters wilfully or negligently permit any portion thereof to spill or fall or neglect to sweep away or otherwise effectually to remove any portion thereof which may spill or fall in such street or place; or (v) without proper authority affix, upon any building, monument, post, wall, fence, tree or other thing, any bill, notice or other document; or (vi) without proper authority deface or write upon or otherwise mark any building, monument, post, wall, fence, tree or other thing; or (vii) without proper authority remove, destroy, deface or otherwise obliterate any notice or other document put up or exhibited under this Act or the rules or bye-laws made thereunder; or (viii) without proper authority displace, damage, make any alteration in, or otherwise interfere with, the pavement, gutter, storm water-drain, sign-board or other materials of any such street, or any lamp, bracket, direction, post, hydrant or water-pipe maintained by the Corporation in any such street or place, or extinguish a public light; or (ix) carry rubbish, filth or other polluted or obnoxious matter at any hour prohibited by the Commissioner by public notice, or in any pattern of cart or receptacle which has not been approved for the purpose by the Commissioner, or fail to close such cart or receptacle when in use; or (b) carry rubbish, filth or other polluted or obnoxious matter along any route in contravention or any prohibition made in this behalf by the Commissioner by public notice; or (c) deposit or cause or permit to be deposited, earth or materials of any description or any rubbish or polluted or obnoxious matter in any place not intended for the purpose or in any public street or public place or unoccupied land under the management of the Corporation; or (d) make any grave or burn of bury any corpse at any place not set aPart for such purpose; or (e) at any time or place at which the same has been prohibited by the Commissioner by public or special notice, beat a drum to tomtom, or blow a horn or trumpet, or beat any utensil, or sound any brass or other instrument, or play any music; or (f) disturb the public peace or order by singing, screaming or shouting, or by using any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker; or (g) let loose any animal so as to cause, or negligently allow any animal to cause, injury, danger, alarm or annoyance to any person; or (h) save with the written permission of the Commissioner and in such manner as he may authorise, store or use night-soil, cow-dung, manure, rubbish or any other substance emitting an offensive smell; or (i) use or permit to be used as a latrine any place not intended for that purpose. (2) Every person shall take all reasonable means to prevent every child under the age of twelve years being in his charge from easing himself in any public street or public place. (3) The owner or keeper of any animal shall not allow it straying in public street or public place without a keeper. (4) Any animal found straying as aforesaid may be removed by an officer or employee of the Corporation or by any police officer to a pound. (5) [ Any swine found straying in a public street or public place shall be removed by any officer or other employee of the corporation authorized by the Commissioner in this behalf. The swine so removed shall be disposed of by public auction or in such other manner and within such time, as the Commissioner may deem fit and the owner of such swine shall be punishable with imprisonment upto six months and it shall be a non-cognizable offence.] [Substituted by Haryana Act No. 21 of 2012.] ### 310. Power of Commissioner to require removal or abatement of nuisance. - Where the Commissioner is of opinion that there is a nuisance of any land or building, he may, by notice in writing, require the person by whose act, default or sufferance the nuisance arises or continues or the owner, lessee or occupier of the land or building, or one or more of these persons to remove or abate the nuisance by taking such measures in such manner and within such period as may be specified in the notice. ### 311. Registration and control of dogs. (1) The Corporation may, by bye-laws made in this behalf - (a) require the registration by the registration authority appointed by the Commissioner in this behalf of all dogs kept within the Municipal areas; (b) require that every registered dog shall wear a collar to which shall be attached a metal token to be issued by the registration authority, and fix the fee payable for the issue thereof; (c) require that any dog which has not been registered or which is not wearing such token shall, if found in any public place, be detained at a place set aPart for the purpose; and (d) [ fix the fee which shall be charged for such detention and provide that any such dog shall be detained at a place to be specified by the Commissioner unless it is claimed and the fee in respect thereof is paid within one week.] [Substituted by Haryana Act No. 22 of 2009.] (2) The Commissioner may - (a) cause to be destroyed, or to be confined for such period as he may direct, any dog or other animal which is, or is reasonably suspected to be suffering from rabies, or which has been bitten by any dog or other animal suffering or suspected to be suffering from rabies; (b) [ by public notice direct that, after such date, as may be specified in the notice, dogs which are without collars or without marks, distinguishing them as private property and are found straying on the streets or beyond the enclosures of the houses of their owners, if any, may be detained at a place to be specified by the Commissioner.] [Substituted by Haryana Act No. 22 of 2009.] (3) No damages shall be payable in respect of any dog or other animal destroyed or otherwise disposed of under this section. (4) No one, being the owner or person incharge of any dog, shall allow it to be at large in any public street or public place without being muzzled and without being secured by a chain lead in any case in which - (a) he knows that the dog is likely to annoy or intimidate any person; (b) the Commissioner has, by public notice during the prevalence of rabies, directed that dogs shall not be at large without muzzled and chain leads. (5) No one shall - (a) allow any ferocious dog which belongs to him or is in his charge to be at large without being muzzled; or (b) set on or urge any dog or other animal to attack, worry or intimidate any person; or (c) knowing or having reason to believe that any dog or animal belonging to him or in his charge has been bitten by any animal suffering or reasonably suspected to be suffering from rabies, fail or neglect to give immediate information of the fact to the Commissioner or give information which is false. ### 312. Stacking or collecting inflammable materials. - The Commissioner may by public notice, prohibit in any case where such prohibition appears to him to be necessary for the prevention of danger to life or property, the stacking or collecting of wood, dry grass, straw or other inflammable materials or the placing of mats or thatched huts or the lighting of fires in any place which may be specified in the notice. ### 313. Care of naked lights. - No person shall set a naked light on or near any building in any public street or other public place in such manner as to cause danger of fire; Provided that nothing in this section shall be deemed to prohibit the use of lights for the purpose of illumination on the occasion of a festival or public or private entertainment. ### 314. Discharging fire works, firearms etc. - No one shall discharge any fire arm or let off fire-works or fire-balloons, or engage in any game in such manner as to cause or to be likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of injury to property. ### 315. Power to require buildings, wells, etc. to be rendered safe. - Where any building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression or excavation, or any bank or tree, is in the opinion of the Commissioner, in a ruinous state, for want of sufficient repairs, protection or enclosure, a nuisance or dangerous to persons passing by or dwelling or working in the neighbourhood, the Commissioner may by notice in writing require the owner or Part-owner or person claiming to be the owner or Part-owner thereof or failing any of them, the occupier thereof, to remove the same or may require him to repair, protect or enclose the same in such manner as he thinks necessary and if the danger is, in the opinion of the Commissioner, imminent, he shall forthwith take such steps as he thinks necessary to avert the same. ### 316. Enclosure of waste land used for improper purposes. - The Commissioner may, by notice in writing require the owner for Part-owner, or person claiming to be the owner or Part-owner of any land or building, or the lessee or the person claiming to be the lessee of any such land which by reason of disuse or disputed ownership or other cause, has remained unoccupied and has become the resort of the idle and disorderly person or of persons who have no ostensible means of subsistence or cannot give satisfactory account of themselves or is used for gaming or immoral purposes or otherwise occasions or is likely to occasion of nuisance, to secure and enclose the same within such time as may be specified in the notice. Chapter XVII Extinction and Prevention of Fire --------------------------------------------------- ### 317. Establishment and maintenance of fire-brigade. - For the prevention and extinction of fire, the Corporation may, and if the Government so directs, shall establish and maintain a fire-brigades and provide implements, machinery or means of communicating intelligence for the efficient discharge of their duties by the brigade. ### 318. Power of members of fire-brigades and other persons or suppression of fire. (1) On the occasion of a fire in the Municipal area any Magistrate, the Commissioner of the Corporation, any member of a fire brigade maintained by the Corporation directing the operations of men belonging to the brigade, and any police officer not below the rank of Sub-Inspector may - (a) remove or order the removal of any person who by his presence interferes with or impedes the operations for extinguishing the fire or for saving life or property; (b) close any street or passage in or near which any fire is burning; (c) for the purposes of extinguishing the fire break into or through or pull down, or cause to be broken into or through or pulled down or used for the passage of houses or other appliances, any premises; (d) cause mains and pipes to be shut off so as to give greater pressure of water in or near the place where the fire has occurred; (e) call on the persons incharge of any fire engine to render such assistance as may be possible; (f) generally, take such measures as may appear necessary for the preservation of life or property. when any Government building is endangered by fire, the officer of the Public Works DePartment for the time being incharge of the building may also exercise the powers conferred under this sub-section. (2) No person shall be liable to pay damages for any act done by him under sub-section (1) in good faith. (3) Any damage done in the exercise of a power conferred or a duty imposed by this section, shall be deemed to be damaged by fire within the meaning of any policy of insurance against fire. ### 319. Limitation on operation of this Chapter. - The powers conferred by the last fore-going section shall be subject to any regulations, conditions or restrictions which may be imposed by the rules. Chapter XVIII Markets, Slaughter Houses, Trades and Outpatients -------------------------------------------------------------------- ### 320. Provision of municipal markets and slaughter houses. (1) The Commissioner, when authorised by the Corporation in this behalf, may provide and maintain municipal markets and slaughter houses in such number as he thinks fit together with stalls, shops, sheds, pens and other buildings and conveniences for the use of persons carrying on trade or business in, or frequenting such markets or slaughter houses and may provide and maintain in such markets, buildings and places, machines, weights, scales and measures for the weighment or measurement of goods sold therein. (2) Municipal markets and slaughter houses shall be under the control of the Commissioner who may at any time, by public notice, close any municipal market or slaughter house or any Part thereof. ### 321. Use of Municipal markets. (1) No person shall, without the general or special permission in writing of the Commissioner, sell or expose for the sale of any animal or article in any municipal market. (2) Any person contravening the provisions of sub-section (1), and any animal or article exposed for sale by such person, may be summarily removed from the market by or under the orders of the Commissioner or any officer or employee of the Corporation authorised by the Commissioner in this behalf. ### 322. Private markets and slaughter houses. (1) No place other than a municipal market shall be used as a market, unless such place has been licensed as a market by the Commissioner. (2) No place other than a municipal slaughter house shall be used as a slaughter house : Provided that nothing in this sub-section shall be deemed - (a) to restrict the slaughter of any animal in any place on the occasion of any religious festival or ceremony subject to such conditions as the Commissioner may, by public or special notice, impose in this behalf; or (b) to prevent the Commissioner, with the sanction of the Corporation, from setting aPart place for the slaughter of animals in accordance with religious custom. ### 323. Conditions of grant of licence for private market. (1) The Commissioner may charge such fees as he thinks fit to impose for the grant of a licence to any person to open a private market and may grant such licence subject to such conditions, consistent with this Act and any bye-laws made thereunder, as he thinks fit to impose. (2) When the Commissioner refuses to grant any licence, he shall record a brief statement of the reasons for such refusal. (3) The Commissioner may, with the previous approval of the Corporation and for reasons to be recorded, suspend a licence in respect of a private market for such period as he thinks fit or cancel such licence: Provided that no such licence shall be cancelled without giving an opportunity to the licensee of being heard. (4) A private market of which the licence has been suspended or cancelled as aforesaid, shall be closed with effect from such date as may be specified in the order of suspension or cancellation. ### 324. Prohibition of keeping markets open without Licence etc. (1) No person shall keep open for public use any market in respect of which a licence is required by or under this Act without obtaining a licence therefor or while the licence therefor is suspended or after the same has been cancelled. (2) When a licence to open a private market is granted or refused or is suspended or cancelled, the Commissioner shall cause a notice of the grant, refusal, suspension or cancellation to be posted in such language or languages as he thinks necessary in some conspicuous place by or near the entrance to the place to which the notice relates. ### 325. Prohibition of use of unlicensed markets. - No person knowing that any market has been opened to the public without a licence having been obtained thereof when such licence is required by or under this Act or that the licence granted therefor is for the time being suspended or that it has been cancelled, shall sell or expose for sale any animal or article in such market. ### 326. Prohibition of business and trade. (1) No animal or article shall be sold or exposed for sale within a distance of one hundred yards of any municipal market or licensed private market without the permission of the Commissioner. (2) Any person contravening the provision of sub-section (1) and any animal or article exposed for sale by such person may be summarily removed by or under the order of the Commissioner or any Officer or employee of the Corporation appointed by him in this behalf. ### 327. Levy of stallages, rents and fees. - The Commissioner, with the previous approval of the Corporation, may - (a) charge such stallages, rents or fees as may from time to time be fixed by him in this behalf - (i) for the occupation or use of any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house; (ii) for the right to expose articles for sale in a municipal market; (iii) for the use of machines, weights, scales and measures provided for in any municipal market; and (iv) for the right to slaughter animals in any municipal slaughter house; and for the feed of such animals before they are ready for slaughter; or (b) put up to public auction or dispose of by private sale, the privilege of occupying or using any stall, shop, stand, shed or pen in a municipal market or municipal slaughter house for such period and on such conditions as he may think fit. ### 328. Stallages, rents etc. to be published. - A copy of the table of stallages, rents and fees, if any, chargeable in any municipal market or municipal slaughter house and of the bye-laws made under this Act for the purpose of regulating the use of such market or slaughter house printed in such language or languages as the Commissioner may direct, shall be affixed in some conspicuous place in the market or slaughter house. ### 329. Butcher's, fishmonger's and poulterer's licence. (1) No person shall without or otherwise than in conformity with a licence from the Commissioner carry on the trade of a butcher, fishmonger, poulterer or importer of flesh intended for human food or use any place for the sale of flesh, fish or poultry intended for human food : Provided that no licence shall be required for any place used for the sale or storage for sale of preserved flesh or fish contained in air tight or hermetically sealed receptacles. (2) The Commissioner may, by order and subject to such conditions as to supervision and inspection as he thinks fit to impose, grant a licence or may, by order, refuse, for reasons to be recorded, to grant the same. (3) Every such licence shall expire at the end of the year for which it is granted or at such earlier date as the Commissioner may, for special reasons, specify in the licence. (4) If any place is used for the sale of flesh, fish or poultry in contravention of the provisions of this section, the Commissioner may stop the use thereof by such means as he may consider necessary. ### 330. Factory, etc. not to be established without permission of Commissioner. (1) No person shall, without the previous permission in writing of the Commissioner, establish in any premises, or materially alter, enlarge or extend, any factory, workshop or trade premises in which it is intended to employ steam, electricity, water or other mechanical power. (2) The Commissioner may refuse to give such permission, if he is of the opinion that the establishment, alteration, enlargement or extension of such factory, workshop or trade premises, in the proposed position would be objectionable by reason of the density of the population in the neighbourhood thereof, or would be a nuisance to the inhabitants of the neighbourhood. ### 331. Premises not to be used for certain purposes without licence. (1) No person shall use or permit to be used any premises for any of the following purposes without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, namely :- (a) any of the purposes specified in Part-I of the Second Schedule; (b) any purpose which is, in the opinion of the Commissioner; dangerous to life, health or property or likely to create a nuisance; (c) keeping horses, cattle or other quadruped animals or birds for transportation, sale or hire or for sale of the produce thereof; or (d) storing any of the articles specified in Part-II of the Second Schedule except for domestic use of those articles : Provided that the Corporation may declare that premises in which the aggregate quantity of articles stored for sale does not exceed such quantity as may be prescribed by bye-laws in respect of any such articles, shall be exempted from the operation of clause (d) . (2) In prescribing the terms of a licence granted under this section for the use of premises as mills or iron yards or for similar purposes the Commissioner may, when he thinks fit, require the license to provide a space or passage within the premises for carts for loading and unloading purposes. (3) The Corporation shall fix a scale of fees to be paid in respect of premises licensed under sub-section (1) : [-] [Proviso omitted vide Haryana Act No. 11 of 1997.] ### 332. Seizure of certain animals. (1) If any horses, cattle or other quadruped animals or birds are kept on any premises in contravention of the provision of section 331 or are found abandoned and roaming or tethered on any street or public place or on any land belonging to the Corporation, the Commissioner or any officer empowered by him may seize them and may cause them to be impounded or removed to such place as may be appointed by the Government or the Corporation for this purpose and cost of seizure of these animals or birds and of impounding or removing them and of feeding and watering them, shall be recoverable by sale or auction of these animals or birds: Provided that anyone claiming such animals or birds may, within seven days of the seizure get them released on his paying all expenses incurred by the Commissioner in seizing, impounding or removing and in feeding and watering such animals or birds, and on his producing a licence for keeping these animals and birds issued under the provisions of section 331. (2) Whenever the Commissioner is of the opinion that the user of any premises for any of the purposes referred to in sub-section (1) of section 331 is causing a nuisance and such nuisance should be immediately stopped, the Commissioner may order the owner or the occupier of the premises to stop such nuisance within such time as may be specified in the order and in the event of the failure of the owner or occupier to comply with such order, the Commissioner may himself or by an officer subordinate to him cause such user to be stopped. (3) Without prejudice to the foregoing provision of this section any person by whom or at whose instance any horses, cattle or other quadruped animals or birds are so kept, abandoned or tethered, shall also be punishable under this Act. ### 333. Power of the Commissioner to prevent use of premises in Particular area for purposes referred to in section 331. (1) The Commissioner may give public notice of his intention to declare that in any area specified in the notice no person shall use any premises for any of the purposes referred to in sub-section (1) of section 331 which may be specified in such notice. (2) No objection to any declaration under sub-section (1) shall be received after a period of one month from the publication of the notice (3) The Commissioner shall consider all objections received within the said period, giving any person affected by the notice an opportunity of being heard and may thereupon make a declaration in accordance with the notice published under sub-section (1), with such modifications, if any, as he may think fit. (4) Every such declaration shall be published in the Official gazette and in such other manner as the Commissioner may determine, and shall take effect from the date of its publication in the official Gazette. (5) No person shall, in any area specified in any declaration published under sub-section (4), use any premises for any of the purposes referred to in section 331 specified in the declaration and the Commissioner shall have the power to stop the use of any such premises by such means as he considers necessary. ### 334. Licences for hawking article etc. - No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, - (a) hawk or expose for sale in any place any article whatsoever, whether it be for human consumption or not; (b) use in any place his skill in any handicraft or for rendering service to and for the convenience of the public for the purpose of gain or making a living. ### 335. Eating houses, etc. not to be used without licence from Commissioner. (1) No person shall, without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or any place where the public are admitted for repose or for the consumption of any food or drink or any place where food is sold or prepared for sale. (2) The Commissioner may at any time cancel or suspend any licence granted under sub-section (1) if he is of opinion that the premises covered thereby are not kept in conformity with the conditions of such licence or with the provisions of any bye-laws made in this behalf. ### 336. Licensing and control of theatre, circuses and places of public amusement. - No person shall without or otherwise than in conformity with the terms of a licence granted by the Commissioner in this behalf, keep open any theatre, circus, cinema house, dancing hall or other similar place of public resort, recreation or amusement: Provided that nothing in this section shall apply to private performances in any such place. ### 337. Power of Commissioner to stop use of premises used in contravention of licences. - If the Commissioner is of opinion that any eating house, lodging house, hotel, boarding house, tea shop, coffee house, cafe, restaurant, refreshment room or other place where the public are admitted for repose or for consumption of any food or drink or where food is sold or prepared for sale or any theatre, circus, cinema house, dancing hall or similar other place of public resort, recreation or amusement is kept open without a licence or otherwise than in conformity with the terms of a licence granted in respect thereof, he may stop the use of any such premises for any such purpose for a specified period by such means as he may consider necessary. ### 338. Power of Commissioner to inspect places where unlawful slaughter of animal etc. is suspected. (1) If the Commissioner or any person authorised by him in this behalf has reason to believe that any animal intended for human consumption is being slaughtered or that the flesh of any such animal is being sold or exposed for sale, in any place or manner not duly authorised under this Act, he may at any time by day or night without notice, inspect such places for the purpose of satisfying himself as to whether any provision of this Act or any bye-law made under this Act at the time in force is being contravened thereat and may seize any such animal or the carcass of such animal or such flesh found therein. (2) The Commissioner may remove and sell by auction or otherwise dispose of any animal or carcass of any animal or any flesh seized under sub-section (1). (3) If within one month of the seizure under sub-section (2) the owner of the animal, carcass or flesh fails to appear and prove his claim to the satisfaction of the Commissioner or if the owner is convicted of an offence under this Act in respect of such animal, carcass or flesh, the proceeds of any sale under sub-section (1) shall vest in the Corporation. (4) Any person slaughtering any animal or selling or exposing for sale the flesh of any such animal in any place or manner not duly authorised under the provisions of this Act shall be punishable with imprisonment upto six months and may be arrested by any police officer without a warrant. (5) No claim shall lie against any person for compensation for any damage necessarily caused by any entry or by the use of any force necessary for effecting any entry under this section. Chapter XIX Improvement ---------------------------- ### 339. Improvement Scheme. - Where the Commissioner upon information is satisfied in respect of any area - (a) that the buildings in that area are by reason of disrepair or sanitary defects unfit for human habitation or are by reason of their bad arrangement, or the narrowness or bad arrangement of the streets or for want of light, air, ventilation or proper conveniences, dangerous or injurious to the health of the inhabitants of the area; and (b) that the most satisfactory method of dealing with the conditions in the area is the rearrangement and reconstruction of the streets and buildings in the area in accordance with an improvement scheme, he may frame an improvement scheme in respect of the area in accordance with the bye-laws made in this behalf. ### 340. Matters to be provided for in an improvement scheme. - An improvement scheme may provide for all or any of the following matters, namely - (a) the acquisition by agreement or under the Land Acquisition Act, 1894, of any property necessary for or affected by the execution of the scheme; (b) the relaying out of any land comprised in the scheme; (c) the redistribution of sites belonging to owners of property comprised in the scheme; (d) the closure or demolition of building portions of buildings unfit for human habitation; (e) the demolition of obstructive buildings or portions thereof; (f) the construction and reconstruction of buildings; (g) the construction and alteration of streets; (h) the water supply, street lighting, drainage and other conveniences; (i) the provision of urban amenities and facilities such as parks, gardens, playgrounds; (j) the sanitary arrangements required for the area comprised in the scheme; (k) the provision of accommodation for any class of the inhabitants; (l) the provision of facilities for communication; (m) the sale, letting or exchange of any property comprised in the scheme; (n) urban forestry, protection of the environment and promotion of ecological aspects; (o) urban poverty alleviation; (p) promotion of cultural, educational and aesthetic aspects; (q) cattle ponds, prevention of cruelty to animals; (r) public amenities including street light, parking lots, bus stops and public conveniences; and (s) any other matter for which, in the opinion of the Commissioner it is expedient to make provision with a view to the improvement of the area to which the scheme relates. (2) Where any land is designated in an improvement scheme as subject to acquisition or is required by the scheme to be kept as an open space, then, if at the expiration of ten years from the date of sanction of the scheme by the Government under sub-section (2) of section 341, the land is not acquired by the Commissioner, the owner of the land may serve on the Commissioner, a notice requiring his interest in the land to be so acquired. (3) If the Commissioner fails to acquire the land within a period of six months from the receipt of the notice, the improvement scheme shall have effect after the expiration of the said six months as if the land were not designated as subject to acquisition by the Commissioner or were not required to be kept as an open space. (4) The Commissioner may prepare a scheme in the slum improvement and upgradation of the area as provided in the Punjab Slum Areas (Improvement and Clearance) Act, 1961 (Punjab Act, 24 of 1961). ### 341. Submission of improvement scheme to the Corporation for approval and to the Government for sanction. (1) Every improvement scheme shall, as soon as may be, after it has been framed, be submitted by the Commissioner for approval to the Corporation and the Corporation may either approve the scheme without modifications or with such modifications as it may consider necessary or reject the scheme with direction to the Commissioner to have a fresh scheme framed according to such directions. (2) No improvement scheme approved by the Corporation under sub-section (1) shall be valid unless it has been sanctioned by the Government. ### 342. Publication of the notice after scheme is sanctioned. (1) After an improvement scheme is sanctioned by the Government, the Commissioner shall prepare a notice stating - (a) the fact that the scheme has been sanctioned; (b) the boundaries of the area comprised in the scheme; and (c) the place at which Particular of the scheme, a map of the area comprised in the scheme and a statement of the land which it is proposed to acquire may be seen. (2) The Commissioner shall cause the aforesaid notice to be published in the Official Gazette and also in the manner specified in section 360. ### 343. Rehousing Scheme. - The Commissioner while framing an improvement scheme under this Chapter for any area may also frame a scheme (hereinafter in this Act referred to as the rehousing scheme) for the construction, maintenance and management of such and so many buildings as he may consider necessary for providing accommodation for persons who are likely to be displaced by the execution of the improvement scheme. ### 344. Improvement scheme and rehousing scheme to comply with master plan and zonal development plan. - No improvement scheme or rehousing scheme framed under this Chapter after development plan for the Municipal area or a zonal development plan for any Part thereof has been prepared in accordance with law shall be valid unless such scheme is in conformity with the provisions of the development plan or the zonal development plan. ### 345. Provision of housing accommodation for the economically weaker sections. - If the Corporation, upon consideration of a report from the Commissioner or any other information is satisfied that it is expedient to provide housing accommodation for the economically weaker section in any area and that such accommodation can be provided without making an improvement scheme, the construction shall cause that area to be defined on a plan and pass a resolution authorising the Commissioner to provide such accommodation - (a) by the erection of buildings or by attachment of land belonging to the Corporation or of land acquired by the Corporation for the purpose; (b) by the conversion of any buildings belonging to the Corporation into dwellings for the economically weaker sections. Chapter XX Declaration and Publication of Plans of Controlled Area ----------------------------------------------------------------------- ### 346. Declaration of controlled area. - [(1) Notwithstanding anything to the contrary contained in the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act [41 of 1963 ) and the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act 1 of 1953), the Director may, with the prior approval of the Government, by notification in the Official Gazette, declare any area within the Municipal area to be controlled area. In case any area within the Municipal area has already been declared as controlled area under the above said Acts, then it shall deemed to be controlled area for the purpose of this Act, and if any plan has already been notified for such controlled area under the aforesaid Acts then it shall deemed to be the plan for the purposes of this Act: Provided that the limits of local area exempted under section 15 of the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act 1 of 1953) from the purview of the said Act, which were earlier notified as controlled area and development plan was prepared, shall deemed to be controlled area and plan for the purposes of this Act.] [Sub section (1) substituted by Haryana Act No 20 of 2004.] ] (2) The [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] shall not later than six months from the date of declaration under sub-section (1) , or within such further period as the Government may allow, prepare plans showing the controlled area and signifying therein the nature of restrictions and conditions proposed to be made applicable to the controlled area and submit the plans to the Government. (3) Without prejudice to the generality of the powers specified in sub-section (2) above, the plans may provide for any one or more of the following matters, namely:- (a) the division of any site into plots for the erection or re- erection of any building and the manner in which such plots may be transferred to intending purchasers or lessees; (b) the allotment or reservation of land for roads, open spaces, gardens, recreation grounds, schools, market and other public purposes; (c) the development of any site into a colony and the restrictions and conditions subject to which such development may be undertaken or carried out; (d) the erection or re-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 the height and character of buildings; (e) the alignment of buildings on any site; (f) the architectural features of the elevation or frontage of buildings to be built on any site; (g) the amenities to be provided in relation to any site or buildings on such site whether before or after the erection or re-erection of buildings on such site and the person or authority by whom such amenities are to be provided; (h) the prohibition or restriction regarding erection or re-erection of shops, workshops, warehouses or factories or buildings of a specified architectural feature or buildings designed for Particular purposes in any locality; (i) the maintenance of walls, fences, hedges, or any other structural or architectural construction and the height at which they shall be maintained; (j) the restrictions regarding the use of any site for purposes other than the erection or re-erection of buildings; (k) any other matter which is necessary for the proper planning of any controlled area and for preventing buildings being erected or re-erected haphazardly in such area. (4) The Government may either approve the plans without modifications or with such modifications as it may consider necessary or reject the plans with directions to the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] to prepare fresh plans according to such directions. (5) The [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] shall cause to be published by notification the plans approved by Government under sub-section (4) for the purpose of inviting objections thereon. (6) Any person within thirty days from the date of publication of the notification under sub-section (5) send to the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] , his objections and suggestions in writing, if any, in respect of such plans and the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] shall consider the same and forward them with his recommendations to the Government within a period of sixty days from the aforesaid date. (7) After considering the objections, suggestions and representations, if any, and the recommendations of the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] thereon, the Government shall decide as to the final plans showing the controlled area and signifying therein the nature of restrictions and conditions applicable to the controlled area and publish the same in the Official Gazette and in such other manner as may be prescribed. (8) Provision may be made by rules made in this behalf with respect to the form and content of the plans and with respect to the procedure to be followed, and any other matter in connection with the preparation, submission and approval of the plans. (9) Subject to the foregoing provisions of this section, the Government may direct the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] to furnish such information as the Government may require for the purpose of approving the plans submitted to it under this section. ### 347. Erection or re-erection of building etc. in controlled area. - Except as provided hereinafter, no person shall erect or re-erect any building or make or extend any excavation or lay out any means of access to a road in a controlled area save in accordance with the plans and the restrictions and conditions referred to in section 346 and with the previous permission of the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] . ### 348. Prohibition on use of land in controlled area. (1) No land within the controlled area shall, except with the permission of the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] be used for purposes other than those for which it was used on the date of publication of the notification under sub-section (1) of section 346 and no land within such controlled area shall be used for the purposes of a charcoal-kiln, pottery-kiln, lime-kiln, brick-kiln or brick- filled or for quarrying stone, bajri, kanker or manufacturing of surkhi or for crushing stone or for other similar extraction or ancillary operations except under and in accordance with the conditions of a licence to be obtained from the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] on payment of such fees and under such conditions as may be prescribed. (2) The licence so granted shall be valid for one year and may be renewed annually on payment of such fees as may be prescribed. ### 349. Application of permission or licence and the grant or refusal thereof. (1) Every person desiring to obtain the permission or licence referred to in sections 247 and 248 shall make an application in writing to the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] in such form and containing such information in respect of the land, building, excavation or means of access to a road to which the application relates as may be prescribed. (2) On receipt of such application the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] , after making such enquiry as he may consider necessary, shall by order in writing either - (a) grant the permission or licence subject to such conditions, if any, as may be specified, in the order; or (b) refuse to grant such permission or licence; provided that the order of refusal shall not be passed unless the applicant has been afforded an opportunity of being heard. (3) If, at the expiration of a period of three months after an application under sub-section (1) has been made to the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] , no order in writing has been passed by the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] , the permission shall be deemed to have been granted without the imposition of any conditions but subject to the restrictions and conditions signified in the plans published in the Official Gazette under section 346. (4) The [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] shall maintain such registers as may be prescribed with sufficient Particulars of all such cases in which permission or licence is given or deemed to have been given or refused by him under this section, and the said register shall be available for inspection without charge by all persons interested and such persons shall be entitled to take extracts therefrom. ### 350. Appeal. - Any person aggrieved or affected by an order of the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] under sub-section (2) of section 349 may within sixty days from the date of such order, prefer an appeal to the Government and the order of the Government on such appeal shall be final. ### 350A. [ Offences and penalties. [Section 350-A to 350-C added by Haryana Act No 20 of 2004.] (1) Any person who - (a) erects or re-erects any building or makes or extends any excavation or lays out any means of access to a road in contravention of the provisions of Section 347 or in contravention of any conditions imposed by an order under Section 349 or Section 350; or (b) uses any land in contravention of the provisions of sub-section (1) of Section 348 or Section 350, shall be punishable with imprisonment for a term which may extend to three years or with a fine of not less than ten thousand rupees which may extend to fifty thousand rupees or with both and, in the case of a continuing contravention, with a further fine which may extend to one thousand rupees for every day after the date of the first conviction during which he is proved to have persisted in the contravention. (2) Without prejudice to the provisions of sub-section (1), the [Director] may, by notice, served by post and if a person avoids service, or is not available for service of notice, or refuses to accept service, then by affixing a copy of it on the outer door or some other conspicuous Part of such premises, or in such other manner as may be prescribed, call upon any person who has committed a breach of the provisions referred to in the said sub- section to stop further construction and to appear and show cause why he should not be ordered to restore to its original state or to bring it in conformity with the provisions of the Act or the rules, as the case may be, any building or land in respect of which a contravention such as described in the said sub-section has been committed, and if such person fails to show cause to the satisfaction of the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] within a period of seven days, the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] may pass an order requiring him to restore such land or building to its original state or to bring it in conformity with the provisions of the Act or the rules, as the case may be, within a further period of seven days. (3) If the order made under sub-section (2) is not carried out within the specified period, the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] may himself at the expiry of the period of this order, take such measures as may appear necessary to give effect to the order and the cost of such measures shall, if not paid on demand being made to him, be recoverable from such person as arrears of land revenue : Provided that even before the expiry of seven days period mentioned in the order under sub-section (2) , if the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] is satisfied that instead of stopping the erection or re-erection of the building or making or extending of the excavation or laying out of the means of access to a road, as the case may be, the person continues with the contravention, the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] may himself take such measures as may appear necessary to give effect to the order and the cost of such measures, shall, if not paid on demand being made to him, be recoverable from such person as arrears of land revenue. ### 350B. Duty of police officers. - It shall be the duty of every police officer - (i) to communicate without delay to the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] or any other officer authorized in writing by him, in this behalf, any information which he receives of a design to commit or of the commission of any offence against this Act or any rule or regulation made thereunder; and (ii) to assist the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] or any other officer authorized in writing by him, in this behalf, in the lawful exercise of any power vested in the [Director] [Substituted 'Commissioner' by Haryana Act No. 12 of 2014, dated 1.4.2014.] or any other officer authorized in writing by him, in this behalf, under this Act or any rule or regulation made thereunder. ### 350C. Power to arrest. (1) A police officer not below the rank of sub- inspector shall arrest any person who commits, in his view, any offence against this Act or any rule made thereunder, if the name and address of such person be unknown to him and if such person, on demand declines to give his name and address, or gives such name or address which such officer has reason to believe to be false. (2) The person so arrested shall, without unavoidable delay be produced before the Magistrate authorized to try the offence for which the arrest has been made, and no person, so arrested, shall be detained in custody for a period exceeding twenty-four hours without an order from the above mentioned Magistrate.] ### 350D. [ Effect of other laws. [Substituted by Haryana Act No. 28 of 2018, dated 4.10.2018.] - The acts already done under the provisions of the Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 (Punjab Act 41 of 1963 ) and the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act 1 of 1953), within the Municipal area shall be deemed to have been validly done under this Act.] ### 351. Commissioner to carry out functions of the Director. - [-] [Omitted by Haryana Act No 20 of 2004.] ### 351A. Commissioner to carry out functions of Director. - [-] [Omitted by Haryana Act No 20 of 2004.] Chapter XXI Powers, Procedure, Offences and Penalties ---------------------------------------------------------- ### 352. Signature, Conditions, duration, suspension, revocation, etc. of licences and written permissions. (1) Whenever it is provided in this Act or any bye-law made thereunder that a licence or a written permission may be granted for any purpose, such licence or written permission shall be signed by the Commissioner or by the Officer empowered to grant the same under this Act or the bye-laws made thereunder or by any Corporation Officer authorised by the Commissioner and shall specify, in addition to any other matter required to be specified under any other provisions of this Act or any provision of any bye- law made thereunder - (a) the date of the grant thereof; (b) the purpose and the period, if any, for which it is granted; (c) restrictions or conditions, if any subject to which it is granted; (d) the name and address of the person to whom it is granted; and (e) the fee, if any, paid for the licence or written permission. (2) Except as otherwise provided in this Act or any bye-law made thereunder, for every such licence or written permission a fee may be charged at such rate as may from time to time be fixed by the Commissioner with the sanction of the Corporation and such fee shall be payable by the person to whom the licence or written permission is granted. (3) Save as otherwise provided in this Act or any bye-law made thereunder any licence or written permission granted under this Act or any bye-law made thereunder may at any time be suspended or revoked by the Commissioner or by the Officer by whom it was granted, if he is satisfied that it has been secured by the grantee through misrepresentation or fraud, if any, or its restrictions or conditions has been infringed or evaded by the grantee, or if the grantee has been convicted for the contravention of any of the provisions of this Act or any bye-law made thereunder relating to any matter for which the licence or permission has been granted: Provided that - (a) before making any order of suspension or revocation, reasonable opportunity should be afforded to the grantee of the licence or the written permission to show cause why it should not be suspended or revoked; (b) every such order shall contain a brief statement of the reasons for the suspension or revocation of the licence or the written permission. (4) When any such licence or written permission is suspended or revoked or when the period for which the same was granted has expired, the grantee shall, for all purposes of this Act or any bye-law made thereunder, be deemed to be without a licence or written permission until such time as the order suspending or revoking the licence or written permission is rescinded or until the licence or written permission is renewed. (5) Every grantee of any licence or written permission granted under this Act shall at all reasonable times, while such licence or written permission remains in force if so required by the Commissioner or the authority by whom it was granted, produce such licence or written permission. ### 353. Power of entry and inspection. - The Commissioner or any Corporation officer or other Corporation employee authorised by him in this behalf or empowered in this behalf by or under any provision of this Act may enter into or upon any land or building with or without assistants and workmen - (a) for the purpose of ascertaining whether there is or has been on or in connection with the land or building any contravention of the provisions of this Act or any bye-law made thereunder; (b) for the purpose of ascertaining whether or not circumstances exist which would authorise or require the Commissioner, or any Corporation officer or employee authorised or empowered in this behalf to take any action or execute any work under this Act or any bye-law made thereunder; (c) for the purpose of taking any action or executing any work authorised or required by this Act or any bye-law made thereunder; (d) to make any inquiry, inspection, examination, measurement, valuation or survey authorised or required by or under this Act or necessary for the proper administration of this Act; (e) generally for the purpose of efficient discharge of the functions by any of the municipal authorities under this Act or any bye-law made thereunder. ### 354. Power to enter land, adjoining land in relation to any work. (1) The Commissioner, or any person authorised by him in this behalf or empowered in this behalf by or under any provision of this Act, may enter or any land within thirty-five metres of any work authorised by or under this Act with or without assistants and workmen for the purpose of depositing thereon any soil, gravels, stone or other materials or for obtaining access to such work or for any other purposes connected with the execution of the same. (2) The person so authorised shall, before entering on any such land state the purpose thereof, and shall, if so required by the owner or occupier thereof, fence off so much of the land as may be required for such purpose. (3) The person so authorised shall, in exercising any power conferred by this section, do as little damage as may be, and compensation shall be payable by the Corporation in accordance with bye-laws made in this behalf to the owner or occupier of land or to both for any such damage, whether permanent or temporary. ### 355. Breaking into building. (1) It shall be lawful for the Commissioner, or any person authorised by him in this behalf or empowered in this behalf by or, under any provision of this Act to make any entry into any place, and to open or cause to be opened any door, gate or other barrier - (a) if the considers the opening thereof necessary for the purpose of such entry; and (b) if the owner of occupier is absent or being present, refuses to open such door, gate or barrier. (2) Before making any entry into any place as specified under sub-section (1) or opening or causing to be opened any such door, gate or other barrier, the Commissioner, or the person authorised or empowered in this behalf, shall call upon two or more respectable inhabitants of the locality in which the place to be entered into is situate, to witness the entry or opening and may issue an order in writing to them or any of them so to do. (3) A report shall be made to the Corporation as soon as may be after any entry has been made into any place or any door, gate or other barrier has been opened under this section. ### 356. Time of making entry. - Save as otherwise provided in this Act or any bye-law made thereunder no entry authorised by or under this Act shall be made except between the hours of sunrise and sunset. ### 357. Consent ordinarily to be obtained. - Save as otherwise provided in this Act or any bye-laws made thereunder, no land or building shall be entered into without the consent of the occupier, or if there is no occupier, or the owner thereof, and no such entry shall be made without giving the said owner or occupier as the case may be, not less than twenty-four hours written notice of the intention to make such entry: Provided that no such notice shall be necessary if the place to be inspected is a factory, workshop or trade premises or a place used for any of the purposes specified in section 331 or a stable for horses or a shed for cattle or a latrine or urinal or a work under construction or for the purpose of ascertaining whether any animal intended for human food is slaughtered in that place in contravention of this Act or any bye-law made thereunder. ### 358. Regard to be had to social or religious usages. - When any place used as a human dwelling is entered into under this Act due regard shall be paid to the social and religious customs and usages of the occupants of the place entered into and no aPartment in the actual occupancy of a female, shall be entered into or broken open until she has been informed that she is at liberty to withdraw and every reasonable facility has been afforded to her for withdrawing. ### 359. Prohibition of obstruction or molestation in execution of work. - No person shall obstruct or molest any person authorised or empowered by or under this Act or any person with whom the Corporation or the Commissioner has lawfully contracted, in the execution of his duty or of anything which he is authorised or empowered or required to do by virtue or in consequence of any of the provisions of this Act or any bye-law made thereunder, or in fulfilment of his contract, as the case may be. ### 360. Public notice how to be made known. - Every public notice, given under this Act or any bye-law made thereunder, shall be in writing under the signature of the Commissioner or of any Corporation Officer authorised by him in this behalf and shall be widely made known in the locality to be affected thereby, by affixing copies thereof in conspicuous public places within the said locality or by publishing the same by beat of drum or by advertisement in local newspaper or by any two or more of these means and by any other means that the appropriate municipal authority may think fit. ### 361. Newspaper in which advertisement of notices to be published. - Whenever it is provided by this Act or any bye-law made thereunder that notice shall be given by advertisement in local newspaper or that a notification or information shall be published in local newspaper, such notice, notification or information shall be inserted if practicable, in at least two newspapers in such languages as the Corporation may from time to time specify in this behalf : Provided that if the Corporation publishes a Municipal journal a publication in that journal shall be deemed to be a publication in a newspaper of the language in which the said journal may be published. ### 362. Proof of consent etc. of Commissioner, etc. - Whenever under this Act or any rule, regulation or bye-law made thereunder the doing or the omission to do anything or the validity of anything depends upon the approval, sanction, consent, concurrence, declaration, opinion, or satisfaction of the Commissioner, or of any Corporation officer, a written document signed by the Commissioner or officer purporting to convey or set forth, such approval, sanction, consent, concurrence, declaration, opinion, or satisfaction shall be sufficient evidence thereof. ### 363. Notices, etc. to fix reasonable time. - Where any notice, bill, order or requisition issued or made under this Act or any rule, regulation or bye-law made thereunder requires anything to be done for the doing of which no time is fixed in this Act or the rule, regulation or bye- law, the notice, bill, order or requisition shall specify a reasonable time for doing the same. ### 364. Signature on notices etc. may be stamped. (1) Every licence, written permission, notice, bill, summons or other document which is required by this Act or any rule, regulation or bye-law made thereunder, to bear the signature of the Commissioner or of any Corporation Officer, shall be deemed to be properly signed if it bears a facsimile of the signature of the Commissioner or officer, as the case may be, stamped thereupon. (2) Nothing in sub-section (1) shall be deemed to apply to a cheque drawn upon the Corporation Fund under section 75 and such classes of documents as may be prescribed. ### 365. Notice etc. by whom to be served or issued. - All notices, bills, summons and other documents required by this Act or any rule, regulation or bye-laws made thereunder to be served upon or issued to any person, shall be served or issued by municipal officers or other Corporation employee or by other persons authorised by the Commissioner. ### 366. Service of notices etc. (1) Every notice, bill, summons, order, requisition or other document required or authorised by this Act or any rule, regulation or bye-law made thereunder to be served or issued by or on behalf of the Corporation or by the Commissioner or any Corporation Officer on any person shall, save as otherwise provided in this Act or such rule, regulation or bye-law, be deemed to be duly served:- (a) where the person to be served is a company, if the document is addressed to a Director or the Secretary of the Company at its registered office or at its principal office or place of business and is either - (i) sent by registered post; (ii) delivered at the registered office or at the principal office or place of business of the company; (b) where the person to be served is a Partnership 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; (c) where the person to be served is a public body or a corporation, society or other body if the document is addressed to the Secretary, Treasurer or other head officer of that body, Corporation or society at its principal office, and is either, - (i) sent by registered post; or (ii) delivered at that office; (d) 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, if within the Municipal area, or is given or tendered to some adult member of his family or is affixed on some conspicuous Part of the land or building, if any, to which it relates; or (iii) is 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 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 (d) 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 to whom it can be delivered, is affixed to some conspicuous Part of 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 premises the Commissioner may by notice in writing require the occupier of the premises 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) Nothing in section 364 and section 365 and in this section shall apply to any summons issued under this Act by a court. (7) A servant is not a member of the family within the meaning of this section. ### 367. Service of bills for tax or notice of demand by ordinary post. - Notwithstanding anything contained in sections 365 and 366 a bill for any tax or a notice of demand may be served by sending it by ordinary post with a prepaid letter under a certificate of posting addressed to the appropriate person specified in section 366 at his last known place of residence or business and in proving the service of every bill or notice so sent, it shall be sufficient to prove that the matter was properly addressed and posted under a certificate of posting. ### 368. Power in case of non-compliance with notice, etc. - In the event of a non-compliance with the terms of any notice, order or requisition issued to any person under this Act or any rule, regulation or bye-laws made thereunder, requiring such person to execute any work or to do any act, it shall be lawful for the authority or officer at whose instance, the notice, order or requisition has been issued, whether or not the person in default is liable to punishment for such default or has been prosecuted or sentenced to any punishment therefor, after giving notice in writing to such person, to take such action or such steps as may be necessary for the completion of the act or the work required to be done or executed by such person and all the expenses incurred on such account shall be payable to he Commissioner on demand and if not paid within ten days after such demand, shall be recoverable as an arrears of tax under this Act. ### 369. Liability of occupier to pay in default of owner. (1) If any notice, order or requisition has been issued to any person in respect of property of which he is the owner, the authority or Officer at whose instance such notice, order or requisition has been issued, may require the occupier of such property or any Part thereof to pay to him, instead of to the owner, any rent payable by him in respect of such property as it falls due up to the amount recoverable from the owner under section 366 : Provided that if the occupier refuses to disclose the correct amount of the rent payable by him or the name or address of the person to whom it is payable, the authority or officer may recover from the occupier the whole amount recoverable under section 368 as an arrears of tax under this Act. (2) Any amount recovered from an occupier instead of from an owner under sub- section (1), shall, in the absence of any contract between the owner and the occupier to the contrary, be deemed to have been paid by the owner. ### 370. Execution of work by occupier in default of owner and deduction of expenses from rent. - Whenever the owner of any land or building fails to execute any work which he is required to execute under this Act or any bye-law made thereunder, the occupier, if any, of such land or building may, with the approval of the Commissioner, execute the said work and he shall, subject to any contract between the owner and occupier to the contrary, be entitled to recover from the owner the reasonable expenses incurred by him in execution of the work and may deduct the amount thereof from the rent payable by him to the owner. ### 371. Relief to agents and trustees. (1) Where any person, by reason of his receiving rent of immovable property as a receiver, agent or trustee would be bound to discharge any obligation imposed under this Act, or any rule, bye- law, regulation or order made under it for the discharge of which money is required, he shall not be bound to discharge the obligation unless he has, or but for his own improper act or default might have had funds in his hands belonging to the owner sufficient for the purpose. (2) The burden of proving any act entitling a receiver, agent or trustee to relief under sub-section (1) shall lie upon him. (3) Where any receiver, agent or trustee has claimed and established his right to relief under this section, the Commissioner may, by notice in writing, require him, to apply to the discharge of his obligations as aforesaid, the first moneys which may come to his hands on behalf, or for the use of the owner, and on failure to comply with the notice, he shall be deemed to be personally liable to discharge the obligation. ### 372. General power to pay compensation. - In any case not otherwise provided for in this Act or in any bye-law made thereunder, the Commissioner, with the previous approval of the Corporation, may pay compensation to any person who sustains damage by reasons of the exercise of any of the powers vested by this Act or any bye-law in the Commissioner or in any Corporation officer or other Corporation employee. ### 373. Compensation to be paid by offenders for damage caused by them. (1) Any person who has been convicted of an offence against this Act or any bye- law made thereunder shall, notwithstanding any punishment to which he may have been sentenced for the said offence, be liable to pay such compensation for any damage to the property of the Corporation resulting from the said offence as the appropriate municipal authority may consider reasonable. (2) In the event of a dispute regarding the amount of compensation payable under sub-section (1) such amount shall, on application made to him, be determined by the Magistrate before whom the said person was convicted of the said offence; and on non-payment of the amount of compensation so determined the same shall be recovered under a warrant from the said Magistrate as if it were a fine imposed by him on the person liable therefor. ### 374. Mode of recovery of certain dues. - In any case not expressly provided for in this Act or any bye-law made thereunder any sum due to the Corporation on account of any charges, costs, expenses, fees, rates or rent or on any other account under this Act or any such bye-law may be recoverable from any person from whom such sum is due as arrears of tax under this Act : Provided that no proceedings for the recovery of any sum due under this section, shall be commenced after the expiry of three years from the date on which such sum became due. ### 375. Right of owner to apply to court of the District Judge in case of obstruction by occupier. (1) The owner of any land or building may, if he is prevented by the occupier thereof from complying with any provision of this Act or any bye-law made thereunder or with any notice, order or requisition issued under such provision, apply to the court of the District Judge; and where such application is made within any time that may be fixed for the compliance with such provision or notice, order or requisition, the owner shall not be liable for his failure to comply with the provision or notice, order or requisition within the time so fixed. (2) The court on receipt of such application, may make a written order requiriting the occupier of the land or building to afford all reasonable facilities to the owner for complying with the said provision or notice, order or requisition and may also, if it thinks fit direct that the costs of such application and order be paid by the occupier. (3) After eight days from the date of the order referred to in sub-section (2), the occupier shall afford all such reasonable facilities to the owner for the purpose aforesaid as may be specified in the order and in the event of his continued refusal to do so, the owner shall be discharged during the continuance of such refusal from any liability which may have been otherwise incurred by reasons of his failure to comply with the said provision or notice, order or requisition. ### 376. General powers and procedure of the court of District Judge. - The procedure provided in the Code of Civil Procedure, 1908, in regard to suits shall be followed, in the disposal of applications, appeals or references that may be made to the court of the District Judge under this Act or any bye-law made thereunder. ### 377. Fees in proceeding before court of the District Judge. (1) The Government may, by notification in the Official Gazette, prescribe what fee shall be paid - (a) on any application, appeal or reference under this Act or any bye-law made thereunder to the court of the District Judge; and (b) for the issue, in connection with any inquiry or proceedings before that court under this Act or bye-laws, of any summons or other process: Provided that the fee, if any, prescribed under clause (a) shall not in cases in which the value of the claim or subject matter is capable of being estimated in money, exceed the fee liable for the time being under the provisions of the Court Fees Act, 1870, in cases in which the amount of the claim or subject matter is of a like amount. (2) The Government may, by like notification, determine the person by whom the fee, if any, prescribed under clause (a) of sub-section (1) shall be payable. (3) No application, appeal or reference shall be received by the court of the District Judge until the fee, if any, prescribed therefor under clause (a) of sub-section (1) has been paid: Provided that the court may in any case in which it thinks fit so to do - (i) receive an application, appeal or reference made by or on behalf of a poor person; and (ii) issue process on behalf of any such person, without payment or on Part payment of the fees prescribed under this section. ### 378. Repayment of half fees on settlement before hearing. - Whenever an application, appeal or reference made under this Act or any bye-law made thereunder to the court of the District Judge, is settled by agreement between the Parties before the hearing, half the amount of all fees paid up to that time, shall be repaid by the court to the Parties by whom the same have respectively been paid. ### 379. Power of the court of District Judge to delegate certain powers and to make rules. - The Court of the District Judge may - (a) delegate, either generally or specially, to the court of an Additional District Judge, power to receive applications, and reference under this Act or any rule, regulation or bye-laws made thereunder, and to hear and determine such application, and references; (b) with the approval of the Government, make rules not inconsistent with this Act or any rule, regulation or bye-law made thereunder, providing for any matter connected with the exercise to the jurisdiction conferred upon the court by this Act which is not herein specifically provided for. ### 380. Punishment for Certain Offences. - Whoever - (a) contravenes any provision of any of the sections sub-sections, clauses, provisos or other provisions of this Act mentioned in the first column of the table in the Third Schedule; or (b) fails to comply with any order lawfully given to him or any requisition lawfully made upon him under any of the said sections, sub- sections, clauses, provisos or other provisions shall be punishable - (i) with fine which may extend to the amount, specified in the third column of the said Table; and (ii) in the case of a continuing contravention or failure; with an additional fine which may extend to the amount specified in the fourth column of that Table for every day during which such contravention or failure continues after conviction for the first such contravention or failure. ### 381. General. - Whoever, in any case in which a penalty is not expressly provided by this Act, fails to comply with any notice, order or requisition issued under any provisions thereof, or otherwise contravenes any of the provisions of this Act, shall be punishable with fine which may extend to five hundred rupees, and in the case of a continuing failure or contravention with an additional fine which may extend to fifty rupees for every day after the first, during which he has persisted in the failure or contravention. ### 382. 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 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 its Act, if he proves that the offences was committed without 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 be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. - For the purposes of this section - (a) "Company" means a body corporate, and includes a firm or other association of individuals; and (b) "director" in relation to a firm means a Partner in the firm. ### 383. Police Establishments. (1) Every Corporation shall, unless relieved of this obligation by the Government, maintain sufficient police establishment for its police requirements within the Municipal area for the performance of the duties imposed on it by this Act : Provided that the Corporation may requisition extra police force from the Director General of Police whenever deemed necessary. (2) The establishment maintained under sub-section (1) shall consist of persons on deputation from the general police force under the Government within the meaning of section 2 of the Police Act, 1861, and shall consist of such number of officers and men who shall respectively receive such pay, leave, allowances, gratuities and pensions as the Corporation may from time to time after consultation with the Director General of Police, and subject to the final decision of the Government, direct. ### 384. Arrest of offenders. (1) Any Police officer of the Corporation may arrest any person who commits in his view any offence against this Act or against any rule, regulation or bye-law made thereunder if - (a) the name and address of such person be unknown to him; and (b) such person on demand declines to give his name and address or gives a name and address which such officer has reason to believe to be false. (2) No person so arrested shall be detained in custody after his true name and address are ascertained or, without the order of the nearest Magistrate, for a period longer than twenty-four hours from the time of arrest exclusive of the time necessary for the journey from the place of arrest to the court of such Magistrate. (3) It shall be the duty of all police officers to give immediate information to the Commissioner or any other appropriate Corporation Officer, of the commission of or the attempt, to commit any offence against this Act or any rules, regulation or bye-law made thereunder and to assist all Corporation Officers and other Corporation employees in the exercise of their lawful authority. ### 385. Power to institute etc. legal proceedings and obtain legal advice. - The Commissioner may - (a) take, or withdraw from, proceedings against any person who is charged with- (i) an offence against this Act or any rule, regulation or bye-law made thereunder; or (ii) any offence which affects or is likely to affect any property or interest of the Corporation or the due administration of this Act; or (iii) committing any nuisance whatsoever; (b) contest or compromise any appeal against rateable value or assessment of any tax or rate; (c) take, or withdraw from or compromise, proceedings under section 373 for the recovery of expenses or compensation claimed to be due to the Corporation; (d) withdraw or compromise any claim for a sum not exceeding one thousand rupees against any person; (e) defend any suit or other legal proceeding brought against the Corporation or against the Commissioner or a Corporation officer or other Corporation employee in respect of anything done or omitted to be done by any one of them in his official capacity; (f) with the approval of the Corporation, admit or compromise any claim, suit or other legal proceeding brought against the Corporation or against the Commissioner or any Corporation Officer or other Corporation employee in respect of anything done or omitted to be done as aforesaid; (g) withdraw or compromise any claim against any person in respect of a penalty payable under contract entered into with such person by the Commissioner on behalf of the Corporation; (h) obtain such legal advice and assistance as he from time to time thinks necessary or expedient to obtain or as he may be required by the Corporation to obtain for any of the purposes mentioned in the foregoing clauses or for securing lawful exercise or discharge of any power or duty vesting in or imposed upon any municipal authority or any Corporation Officer or other Corporation employee. ### 386. Prosecution. - Save as otherwise provided in this Act, no court shall try an offence made punishable by or under this Act or any rule or any bye-law made thereunder, except on the complaint of, or upon information received from the Commissioner, or any other officer of the Corporation authorised by it in this behalf. ### 387. Composition of offences. (1) The Commissioner or any other officer of the Corporation authorised by it in this behalf by a general or special order or a sub-committee of the Corporation appointed by it may, either before or after the institution of the proceedings, compound any offence made punishable by or under this Act or any rule or any bye-law made thereunder. (2) Where 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 so compounded. ### 388. Protection of action of the Corporation, etc. - No suit or prosecution shall be entertained in any court against the Corporation or against the Commissioner or against any Corporation Officer or other Corporation employee or against any person acting under the order or direction of the Corporation, the Commissioner or any Corporation Officer or other Corporation employee, for anything which is in good faith done or intended to be done, under this Act or any rule, regulation or bye-law made thereunder. ### 389. Notice to be given of suits. (1) No suit shall be instituted against the Corporation or against the Commissioner or against any Corporation Officer or other Corporation employee or against any person acting under the order or direction of the Corporation or the Commissioner or any Corporation Officer or other Corporation employee, in respect of any act done, or purporting to have been done, in pursuance of this Act or any rule, regulation or bye-law made thereunder, until the expiration of two months after notice in writing has been left at the Corporation office and, in the case of such employee or person unless notice in writing has also been delivered to him or left at his office or place or residence, and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of compensation claimed and the name and place of residence of intending plaintiff, and unless the plaint contains statement that such notice has been so left or delivered. (2) No suit, such as is described in sub-section (1) shall, unless it is a suit for the recovery of immovable property or for declaration of title thereto be instituted after the expiry of six months from the date on which the cause of action arises. (3) Nothing in 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 the giving of the notice or the postponement of the institution of the suit. Chapter XXII Rules, Regulations and Bye-laws ------------------------------------------------- ### 390. Supplemental provisions respecting rules. (1) Any rule which the Government is empowered to make under this Act may provide that any contravention thereof shall be punishable with fine which may extend to one thousand rupees. (2) Every rule made under this Act shall be laid as soon as may be after it is made, before the House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session in which it is so laid or the successive session aforesaid, the House agrees to make any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, however, any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. ### 391. Supplemental provisions respecting regulations. (1) Any regulation which the Corporation under this Act, may make with the approval of government, may be altered or rescinded by the Corporation with the approval of the Government in the exercise of its powers under this Act. (2) Any regulation made under this section may provide that contravention thereof shall be punishable with fine which may extend to five hundred rupees. (3) No regulation made by the Corporation under this Act shall have effect until it has been published in the Official Gazette by the Government. ### 392. Powers to make bye-laws. - 1. Subject to the provisions of this Act, the Corporation may in addition to any bye-law which it is empowered to make under any other provisions of this Act, make bye-laws to provide for all or any of the following matters, namely :- A. Bye-laws relating to taxation - (1) the maintenance of tax books and registers by the Commissioner and the Particulars which such books and registers should contain; (2) the inspection of and the obtaining of copies and extracts from such books and registers and fees, if any, to be charged for the same; (3) the publication of rates of taxes as determined by the Government from time to time; (4) the requisition by the Commissioner of information and returns from persons liable to pay taxes; (5) the notice to be given to the Commissioner by any person who becomes the owner or possessor of a vehicle or animal in respect of which any tax is payable under this Act ; (6) the wearing of badge by the driver of any such vehicle and the display of number plate on such vehicle; (7) the submission of returns by the persons liable to pay any tax under this Act; (8) any other matter relating to the levy, assessment, collection, refund or remission of taxes under this Act. B. Bye-laws relating to water supply, drainage and sewage disposal - (1) the power of the Commissioner to close water works for the supply of water, whether for domestic purposes or not, or for gratuitous use and to prohibit the same and use of water for the purpose of business; (2) the connection of supply pipes for conveying to any premises a supply of water from municipal water works; (3) the making and renewing connections with municipal water works; (4) the power of the Commissioner to take charge of private connection; (5) the power of the Commissioner to alter the position of connection; (6) the equitable distribution of water supplied to occupiers; (7) the size, material, quality, description and position of the pipes and fittings to be used for the purpose of any connection with or any communication from any municipal water works and the stamping of pipes and fittings and fees for such stamping; (8) the size, material, quality and description of pipes, cisterns and fittings which are found on an examination under the provisions of this Act to be so defective that they cannot be effectively repaired; (9) the provision and maintenance of meters when water is supplied by measurement; (10) the prohibition of fraudulent and un-authorised use of water and the prohibition of fraud in connection with meters; (11) the maintenance of pipes, cisterns and other water works; (12) the regulation or prohibition of the discharge or deposit of offensive or obstructive matter, polluted water or other polluted and obnoxious matter into sewers; (13) the regulation in any manner not specifically provided for in this Act of the construction, alteration, maintenance, preservation, cleaning and repairs of drains, ventilation shafts, pipes, latrines, urinals, cesspools and other drainage works; (14) the cleansing of drains; (15) the prohibition of erection of buildings over drains without the permission of the Commissioner; (16) the connection of private drains with municipal drains; (17) the location and construction of cesspools; (18) the covering and ventilation of cesspool; (19) the period or periods of the day during which trade effluent may be discharged from any trade premises into municipal drains; (20) the exclusion from trade effluent of all condensing water; (21) the elimination from trade effluent, before it enters a municipal drain, of any constituent which in the opinion of the Corporation would, either alone or in combination with any matter with which it is likely to come into contact while passing through municipal drains, injure or obstruct those drains or make specially difficult or expensive the treatment or disposal of the sewage from those drains; (22) the maximum quantity of trade effluent which may, without any consent or permission, be discharged from any trade premises into municipal drains on any one day and the highest rate at which trade effluent may, without such consent or permission, be discharged from any trade premises into municipal drains; (23) the regulation of the temperature of trade effluent at the time of its discharge into municipal drains and the securing of the neutrality of trade effluent (that is to say that it is neither acid nor alkaline) at the time of such discharge; (24) the charges to be paid to the Corporation by occupiers of trade premises for the reception of trade effluent into municipal drains and disposal thereof; (25) the provision and maintenance of such an inspection chamber or manhole as will enable a person readily to take at any time samples of what is passing into municipal drains from trade premises; (26) the provision and maintenance of such meters as may be required to measure the volume of any trade effluent being discharged from any trade premises into municipal drains, and the testing of such meters; C. Bye-laws relating to streets - (1) the closure of streets when any work is in progress and alternative passage during the progress of such work; (2) the erection of a temporary nature during festivals; (3) the setting up of boards on buildings adjacent to streets during their construction or repair; (4) the precautions to be taken when permission is granted to any private individual for opening or breaking up any public street and the fees to be paid for the restoration of a street in its original sanction; (5) the permission, regulation or prohibition of use or occupation of any street or place by itinerant vendors or hawkers of by any person for the sale of articles or the exercise of any calling or the setting up of any booth or stall and the fees chargeable for such occupation; (6) any other matter in connection with the construction, repair, maintenance, naming, numbering and lighting to streets for which provision is necessary or should be made; D. Bye-laws relating to buildings - (1) the regulation or restriction of the use of sites for buildings for different areas; (2) the regulation or restriction of buildings in different areas; (3) the form of notice of erection of any building or execution of any work and the fee in respect of the same; (4) the plans and documents to be submitted together with such notice and the information and further information to be furnished; (5) the level and width of foundation, level of lowest floor and stability of structure; (6) the construction of buildings and the materials to be used in the construction of buildings; (7) the height of buildings whether absolute or relative to the width of streets or to different areas; (8) the number and height of storeys composing a building and the height of rooms and the dimensions of rooms intended for human habitation; (9) the provision of open spaces, external and internal, and adequate means of light and ventilation; (10) the provision of means of egress in case of fire, fire escapes and water lifting devices; (11) the provision of secondary means of access for the removal of house refuse; (12) the materials and methods of construction of external and Party walls, roofs and floors; (13) the position, materials and methods of construction of hearths, smoke-escapes, chimneys, staircases, staircases, drains, latrines and cesspools; (14) the provision of lifts; (15) the paving of yards; (16) the restrictions on the use of inflammable materials in buildings; (17) the restrictions on construction of foundation on certain sites; (18) the measures to be taken to protect buildings from damp arising from sub-soil; (19) the wells, tanks and cisterns and pumps for the supply of water for human consumption in connection with buildings; (20) in the case of wells, the dimensions of the well, the manner of enclosing it and if the well is intended for drinking purposes the means which shall be used to prevent pollution of the water; (21) the supervision of buildings; (22) the setting back of garages and shops from the regular line of a street; (23) the construction of portable structures and permission for such construction. E. Bye-laws relating to sanitation and public health - (1) the position of latrines and urinals; (2) the provision of air spaces between latrines and buildings of places used for various purposes; (3) the white washing of buildings; (4) the provision of living accommodation for sweepers in buildings newly erected requiring ten or more latrines; (5) the regulation or prohibition of the stabling or herding of animals or any class of animals so as to prevent danger to public health; (6) the seizure of ownerless animals straying within the limits of the Municipal area and the regulation and control of ponds; (7) the fixing and regulation of the use of public bathing and washing places; (8) the prevention of the spread of dangerous diseases; (9) the segregation in or the removal or exclusion from any Part of the Municipal area or the destruction of animals suffering or reasonably suspected to be suffering from any infectious or contagious disease; (10) the supervision, regulation, conservation and protection from injury, contamination or trespass of sources and means of public water supply and of appliances for the distribution of water; (11) the enforcement of compulsory vaccination and inoculation; (12) the proper disposal of corpses, the regulation and management of burning and burial places and other places for the disposal of corpses and the fees chargeable for the use of such places where the same are provided or maintained at the expense of the Corporation Fund. F. Bye-laws relating to public safety and suppression of nuisances - the regulation or prohibition for the purpose of sanitation or the prevention of disease or the promotion of public safety or convenience of any act which occasions or is likely to occasion a nuisance and for the regulation or prohibition of which no provision is made elsewhere by this Act. G. Bye-laws relating to markets, slaughter houses, trades and occupations - (1) the days on, and the hours during which any market or slaughter house may be kept open for use; (2) the regulation of the design, ventilation and drainage of markets and slaughter houses and the materials to be used in the construction thereof; (3) the keeping of markets and slaughter houses and the lands and buildings appertaining thereto in a clean and sanitary condition, the removal of filth, rubbish and other polluted and obnoxious matter therefrom and the supply therein of pure water and of a sufficient number of latrines and urinals for the use of persons using or frequenting the same; (4) the manner in which animals shall be admitted in slaughter houses; (5) the manner in which animals may be slaughtered; (6) the provision of passage of sufficient width between the stalls in market building and market places for the convenient use of the public and the prevention of encroachment of such passage; (7) the setting aPart of separate areas for different classes of articles in market buildings and market places; (8) the disposal of destruction of animals offered for slaughter which are, from disease or any other cause, unfit for human consumption; (9) the destruction of carcasses which from any disease or any other cause are found after slaughter to be unfit for human consumption; (10) the regulation of the entry of animals into slaughter house and the bringing out of the carcasses of such animals after slaughter and the fee to be paid for use of slaughter houses; (11) the proper custody and care of animals for the keeping of which licences are granted under section 331; (12) the regulation of the import of animals and flesh within the Municipal area; (13) the rendering necessity of licences for the use of premises within the Municipal area as stables or cow houses or as an accommodation for sheep, goat or buffalo and the fees payable for such licences and the conditions subject to which such licences may be granted, refused, suspended or revoked; (14) the regulation of sarais, hotels, dak bungalows, lodging houses, boarding houses, buildings, let-in-tenements, residential clubs, restaurants, eating houses, cafes, refreshment rooms and places of public recreation, entertainment or resorts; (15) the control and supervision of places where dangerous or offensive trades are carried on so as to secure cleanliness therein or to minimise injurious, offensive or dangerous effects arising or likely to arise therefrom; (16) the regulation of the posting of bills and advertisements and of the position, size, shade or style of the name boards, sign boards and signposts; (17) the fixation of a method for the sale of articles whether by measure, weight, price or any other method; (18) the procedure regarding grant of permit to establish a factory, workshop or trade premises; (19) the regulation of smoke in factories, workshop and trade premises; (20) the regulation of sanitary conditions in factories, workshop and trade premises; (21) the regulation of the use in any factory, workshop or trade premises of whistle, trumpet, siren or horn worked by steam, compressed air, electricity or other mechanical means; (22) the prevention of nuisance in any market building, market place, slaughter house or any factory, workshop or trade premises; H. Bye-laws relating to improvement - (1) the form and contents of an improvement scheme or a rehousing scheme; (2) the procedure to be followed in connection with the framing, submission, approval and sanction of such scheme; (3) the local inquiries and other hearings that may be held before a scheme is framed, approved or sanctioned; (4) the alteration of improvement scheme or a rehousing scheme after approval and sanction. I. Bye-laws relating to miscellaneous matters - (1) the prevention and extinction of fire; (2) the circumstances and the manner in which owners of land or building in the Municipal area temporarily absent therefrom or not resident therein may be required to appoint as their agents for all or any of the purposes of this Act or of any bye-laws made thereunder, person residing within or near the municipal area; (3) the regulation and control of Corporation hospitals and dispensaries; (4) the rendering of necessary licences - (a) for the proprietors or drivers of hackney carriages, cycle rickshaws, thelas, the rehris kept or plying for hire or used for hawking articles; (b) for persons working as job porters for the conveyance of goods; (5) the classification of cinema theatres for the purposes of levying theatre-tax; (5A) [ regulate the laying of communication cables (underground as well as over ground), erection of communication towers and dish antennas established and maintained by private agencies as well as semi-Government agencies;] [Added by Haryana Act No. 12 of 2013, dated 26.9.2013.] (6) any other matter which is to be or may be prescribed by bye-laws made under this Act or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Corporation, necessary for the efficient municipal governance of the Municipal area. (2) [ Notwithstanding anything contained in sub-section (1) the Government may, subject to previous publication, frame by-laws applicable to all the Corporation to implement a policy decision of the Government or to have uniformity of bye-laws on any subject on which a Corporation can frame bye-laws.] [Inserted by Haryana Act No. 12 of 2013, dated 26.9.2013.] ### 393. Penalty for breaches of bye-laws. (1) Any bye-law made under this Act may provide that a contravention thereof shall be punishable - (a) with fine which may extend to five hundred rupees; or (b) with fine which may extend to five hundred rupees and in the case of continuing contravention, with an additional fine which may extend to fifty rupees for every day during which such contravention continues after conviction for the first contravention; or (c) with fine which may extend to fifty rupees for every day during which the contravention continues, after the receipt of a notice from the Commissioner or any Corporation Officer duly authorised in that behalf by the person contravening the bye-law requiring such person to discontinue such contravention: [Provided that a breach or an abetment of a breach under clause (5A) under heading "I. Bye-laws relating to miscellaneous matters" of section 392, shall be punishable with a fine which shall not be less than one lac rupees and more than two lac rupees, and in the case of a continuing breach, with a further fine of two thousand rupees for every day during which the breach continues.] [Added by Haryana Act No. 12 of 2013, dated 26.9.2013.] (2) Any such bye-law may also provide that a person contravening the same shall be required to remedy so far as lies in his power, the mischief, if any, caused by such contravention. ### 394. Supplemental provisions respecting bye-laws. (1) Any power to make bye-laws conferred by this Act is conferred subject to the conditions of the bye-laws being made after previous publication and their not taking effect until they have been approved by the Government and published in the Official Gazette. (2) The Government in approving a bye-law may make any change therein which appears to it to be necessary. (3) The Government may, after previous publication of its intention cancel any bye-law which it has approved, and thereupon the bye-law shall cease to have effect. ### 395. Bye-laws to be available for inspection and purchase. (1) A copy of all bye-laws made under this Act shall be kept at the Corporation office and shall, during office hours, be open free of charge to inspection by any person of the Municipal area. (2) Copies of all such bye-laws shall be kept at the Corporation office and shall be sold to the public at cost price either singly or in collections at the option of the purchaser. Chapter XXIII Control -------------------------- ### 396. Power of Government to require production of documents. - The Government may at any time require the Commissioner - (a) to produce any record, correspondence, plan or other document in his possession or under his control; (b) to furnish any return, plan estimate, statement, account or statistics relating to the proceedings, duties or works of the Corporation or any of the Corporation authorities. ### 397. Inspection. - The Government may depute any of its officers to inspect or examine any Municipal dePartment or office or any service or work undertaken by the Corporation or any of the Municipal authorities or any property belonging to the Corporation and to report thereon and the Corporation and every Corporation authority and all Corporation officers and other Corporation employees shall be bound to afford the officer so deputed access at all reasonable times to the premises and properties of the Corporation and to all records, accounts and other documents the inspection of which he may consider necessary to enable him to discharge his duties. ### 398. Direction by Government. (1) If, whether on receipt of any information or report obtained under section 396 or section 397 or otherwise, the Government is of opinion, - (a) that any duty imposed on the Corporation or any of its authority by or under this Act has not been performed or has been performed in an imperfect, insufficient or unsuitable manner; or (b) that adequate financial provision has not been made for the performance of any such duty, it may direct the Corporation or the Commissioner, within such period as it thinks fit, to make arrangements to its satisfaction for the proper performance of duty, or, as the case may be, to make financial provisions to its satisfaction for the performance of the duty and the Corporation or the Commissioner concerned shall comply with such direction: Provided that, unless in the opinion of the Government the immediate execution of such order is necessary, it shall, before making any direction under this section, give the Corporation or the Commissioner an opportunity of showing cause why such direction should not be made. (2) [ In addition to the directions issued under sub-section (1), the Government may also issue directions to the Corporation or the Commissioner [or the Director] [Added by Haryana Act No 15 of 2003.] for carrying out for purposes of this Act and in Particular with regard to - (a) various uses to which any land within the Corporation may be put; (b) repayment of debts and discharging of obligations; (c) collection of taxes; (d) observance of rules and bye-laws; (e) adoption of development measures and measures for promotion of public safety, health convenience and welfare; (f) sanitation and cleanliness; (g) establishment and maintenance of fire-brigade.] ### 399. Power to provide for enforcement of direction under section 398. - If, within the period fixed by a direction made under sub-section (1) of section 398, any action the taking of which has been directed under that sub-section has not been duly taken the Government may make arrangements for the taking of such action and may direct that all expenses connected therewith shall be defrayed out of the Corporation Fund. ### 400. Dissolution of Corporation. (1) If, in the opinion of the Government, the Corporation is not competent to perform, or persistently makes default in the performance of the duties imposed on it by or under this Act or any other law or exceeds or abuses its powers the Government may by an order published, together with a statement of the reasons therefor, in the Official Gazette, declare the Corporation to the competent or in default or to have exceeded or abused its powers, as the case may be, and dissolve the Corporation: Provided that before making an order of dissolution as aforesaid, reasonable opportunity shall be given to the Corporation to be heard and to show cause why such order of dissolution should not be made. (2) When the Corporation is dissolved by an order under sub-section (1) :- (a) all members shall, on such date as may be specified in the order, vacate their offices without prejudice to their eligibility for election under clause (d); (b) on the dissolution of the Corporation, all powers and duties conferred and imposed upon the Corporation by or under this Act or any other law shall be exercised and performed by such officer or authority as the Government may appoint in that behalf; (c) all property vested in the Corporation shall until it is reconstituted, vest in the Government; (d) election shall be held for the purpose of reconstituting the Corporation within a period of six months. Chapter XXIV Miscellaneous ------------------------------- ### 401. Delegation. (1) The Government, may by notification, delegate all or any of its powers under this Act, except the power to make rules, to any officer not below the rank of an Extra-Assistant Commissioner subject to such restrictions and conditions as may be specified in the notification. (2) The Commissioner may, by order direct that any power conferred, or any duty imposed on him by or under this Act, shall, in such circumstances and under such conditions, if any, as may be specified in the order, be exercised and performed by a Corporation officer or other Corporation employee. (3) [ The Director may, with the approval of the Government, by an order in writing delegate any of its powers and functions under the Act or the rules made thereunder to any officer as may be specified in such order.] [Added by Haryana Act No. 12 of 2014, dated 1.4.2014] ### 402. Validity of notices and other documents. - No notice, order, requisition, licence, permission in writing or any other document issued under this Act, shall be invalid merely by reason of defect of form. ### 403. Admissibility of document or entry as evidence. - A copy of any receipt, application, plan, notice, order or other document or of any entry in a register in the possession of any Corporation authority shall, if duly certified by the legal keeper thereof or other person authorised by the Commissioner in this behalf, be admissible in evidence of the existence of the document or entry and shall be admitted as evidence of the matters and transaction therein recorded in every case where, and to the same extent to which, the original document or entry would if to the same extent to which, the original document or entry would if produced, have been admissible to prove such matters and transactions. ### 404. Evidence of Corporation Officer or employee. - No Corporation Officer, or other Corporation employee shall, in any legal proceeding to which the Corporation is not a Party, be required to produce any register or document the contents of which can be proved under section 403 by the certified copy, or to appear as a witness to prove any matter or transaction recorded therein save by order of the court made for special cause. ### 405. Prohibition against obstruction of Mayor or any Corporation authority etc. - No person shall obstruct the Corporation or the Commissioner, the Mayor or any of the Deputy Mayors, any members or any person employed by the Corporation or any person with whom the Commissioner has entered into a contract on behalf of the Corporation, in the performance of their duty or of anything which they are empowered or required to do by virtue or in consequence of any provision of this Act or of any rule, regulation or bye-law made thereunder. ### 406. Prohibition against removal of mark. - No person shall remove any mark set up for the purpose of indicating any level or direction incidental to the execution of any work authorised by this Act or of any rule or bye-law made thereunder. ### 407. Prohibition against removal or obliteration. - No person shall, without authority in that behalf remove, destroy, deface or otherwise obliterate any notice exhibited by or under order of the Corporation or any other Corporation authority or any Corporation Officer or other Corporation employee specified by the Commissioner in this behalf. ### 408. Prohibition against unauthorised removal, deposit etc. - No person shall, without authority in that behalf, remove earth, sand or other material or deposit any matter or make any encroachment in or on any land vested in the Corporation or in any way obstruct the same. ### 408A. [ Power to evict persons from Corporation premises/land. [Inserted by Haryana Act No. 1 of 2007, 14.2.2007] (1) If the competent authority is satisfied- (a) that any person authorized to occupy any premises of the Corporation has- (i) not paid rent lawfully due from him in respect of such premises for a period of more than two months; or (ii) sublet, without the permission of the Commissioner or any other officer duly empowered to grant such permission, the whole or any part of such premises; or (iii) otherwise acted in contravention of any of the terms expressed or implied, under which he is authorized to occupy such premises; or (b) that any person is in unauthorized occupation of any premises/land or building/structure constructed thereon, of the Corporation, the competent authority may, notwithstanding anything contained in any law, for the time being in force, by notice served upon him by post or by person and if such person avoids service or is not available for service of notice or refuses to accept notice, then by affixing a copy of it on the outer door or some other conspicuous part of such premises/land or building or by beating of drums or in such manner, as may be prescribed, call upon such person to appear and show cause why he should not be ordered to vacate the said premises/land or building/structure constructed thereon or demolish unauthorized construction and to restore to its original state or to bring it in conformity with the provisions of this Act or rules framed thereunder, as the case may be, within a period of seven days from the date of service of the notice. (2) If such person fails to show cause to the satisfaction of the competent authority or fails to appear or refuses to appear before the competent authority, as the case may be, within a period of seven days, the competent authority shall pass an order requiring him to vacate such premises/land or building/structure constructed thereon or demolish unauthorized construction and restore to its original state or to bring it in conformity with the provisions of this Act or the rules framed thereunder, as the case may be, within a further period of seven days. (3) If the order made under sub-section (2) is not carried out or complied with within the specified period, the competent authority at the expiry of the period so specified, shall evict that person from, and take possession of, the premises/land or building/structure constructed thereon or demolish unauthorized construction or restore to its original state or bring it in conformity with the provisions of this Act or the rules framed thereunder, as the case may be, and shall for that purpose use such force, as may be necessary and the cost incurred on such measures shall, if not paid on demand, being made to him, be recoverable from such persons as arrears of land revenue. (4) Even before the expiry of a further period of seven days mentioned under sub-section (2), if the competent authority is satisfied that instead of vacation of premises/land or building/structure constructed thereon or demolition of unauthorized construction, as the case may be, the person continues with the contravention, the competent authority shall himself take such measures and use such force as may appear necessary to give effect to the order under sub-section (2) and the cost of such measures shall if not paid on demand being made to him, be recoverable from such person as arrears of land revenue. (5) If a person, who has been ordered to vacate any premises/land or building/structure constructed thereon, under sub-section (2) in view of the conditions as specified under sub-clause (i) or (iii) of clause (a) of sub-section (1) within a period of seven days from the date of service of the notice, pays the rent in arrears or carries out or otherwise complies with the terms contravened by him, to the satisfaction of the competent authority, as the case may be, the competent authority shall, in lieu of the eviction of such person under subsection (3) cancel the order made under sub-section (2) and thereupon such person shall hold the premises on the terms on which he held them immediately before such notice was served on him. ### 408B. Appeal. (1) Any person aggrieved by an order of the competent authority under sub-section (2) of section 408A may, within a period of seven days from the date of the order under subsection (2) of section 408A, prefer an appeal to the Commissioner. (2) Where an appeal is preferred under sub-section (10, the Commissioner may stay the enforcement of the order of the competent authority for such period and on such conditions, as it deems fit. (3) Every appeal under this section shall be disposed of by the Commissioner within a period of sixty days. ### 408C. Finality of order. - Save as otherwise expressly provided in this Act, every order made by the competent authority under section 408A or by the Commissioner under section 408B shall be final and shall not be called in question in any original suit, application or execution proceedings 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 sections 408A and 408B of this Act.] ### 409. Liability of members. (1) Every members shall be liable for the loss, waste or misapplication of any money or other property belonging to the Corporation, if such loss, waste or misapplication is reported either by the Examiner, Local Fund Accounts, or otherwise comes to the notice of the Corporation to be a direct consequence of his neglect or misconduct in the performance of his duties as a member; and he may after being given an opportunity, by notice served in the manner provided for the service of summons in the Code of Civil Procedure, 1908, to show cause by written or oral representation why he should not be required to make good the loss, or be surcharged with the value of such property or the amount of such money by the Divisional Commissioner, and if the amount is not paid within fourteen days from the expiry of the period of appeal prescribed by sub-section (2) the Collector at the request of the Divisional Commissioner shall proceed forthwith to recover the amount as if it were an arrears of land revenue and have it credited to the Corporation Fund. (2) The person against whom an order under sub-section (1) is made by the Divisional Commissioner may within thirty days of the date of communication of the order make an appeal to the Government: Provided that no person shall under this section be called upon to show cause after the expiry of a period of five years from the occurrence of such loss, waste or misapplication or after the expiry of one year from the time of his ceasing to be a member. ### 410. Members and Corporation Officer and employees to be public servants. - Every member, the Commissioner, and every Corporation Officer and other Corporation employees, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860. ### 411. Annual administration report. (1) As soon as may be after the 1st day of April, in every year and not later than the 1st day of April, in every year and not later than such date as may be fixed by the Government in this behalf, the Corporation shall submit to the Government a detailed report of its activities during the preceding year in such form as the Government may direct. (2) The Commissioner shall prepare report and the Corporation shall consider it and forward the same to the Government with its resolution thereon, if any. (3) Copies of the report shall be kept for sale at the Corporation Office. ### 412. Construction of reference. - Save as expressly provided in this Act and unless the context otherwise requires, after the establishment of the Corporation any reference in any enactment, rule, bye-law, order, scheme, notification or other instrument having the force of law, to any local authority having jurisdiction in the Municipal area or any Part thereof shall, unless the context or subject otherwise requires, be construed as reference to the Corporation. ### 413. Special provisions as to rural area. - Notwithstanding anything contained in the foregoing provisions in this Act, - (a) the Corporation with previous approval of the Government may, by notification in the Official Gazette, declare that any portion of the rural areas shall cease to the included therein and upon the issue of such notification that portion shall be included in and form Part of the urban areas; (b) the Corporation with previous approval of the Government may, by notification in the Official Gazette, - (i) exempt the rural areas or any portion thereof from such of the provisions of this Act as it deems fit; (ii) levy taxes, rates, fee and other charges in the rural area or any portion thereof at rates lower than those at which such taxes, fee and other charges are levied in the urban areas or exempt such areas or portion from any such tax, rate, fee or other charge. ### 414. Power of Government to suspend any resolution or order of Corporation. - If the Government is of the opinion that the execution or any resolution or order of the Corporation or of any other Corporation authority or employee subordinate thereto or the doing of any act which is about to be done or is being done by or on behalf of the Corporation is in contravention of or in excess of powers conferred by this Act or of any other law for the time being in force or is likely to lead to breach of the peace or cause injury and or annoyance to the public or any class or body of persons, the Government may, by order in writing, suspend the execution of such resolution or order, or prohibit the doing of any such act. ### 415. Power of Government to modify proceedings. - The Government may by written order, annul or omit from the records any proceedings of the Corporation which it considers not to be in conformity with this Act, or any rules or bye-laws made thereunder and may do all things necessary to secure such conformity: Provided that unless in the opinion of the Government the immediate making of such order is necessary, it shall before making an order under this section, give the Corporation an opportunity of showing cause why such an order should not be made. ### 416. Power of Government to withdraw any area of municipal area from operation of Act. (1) The Government may, by notification, withdraw from the operation of this Act, any area or any Municipal area of the Corporation : Provided that no such notification shall be issued unless the same has been published for inviting objections and suggestions, if any, which have been duly considered to. (2) When a notification is issued under this section in relation to any Municipal area, this Act, all notifications, rules, regulations, bye-laws, orders, directions and powers issued, made or conferred under this Act shall cease to apply to the said area; the balance of the Corporation Fund and all other property at the time of the issue of the notification vested in the Corporation shall vest in the Government and the liabilities of the Corporation shall stand transferred to the Government. ### 417. Committee for Metropolitan planning. (1) There shall be constituted for the metropolitan area, a metropolitan planning committee, to prepare a draft development plan for the area as a whole. (2) The Government, through rules to be framed in this regard make provision with respect to - (a) the composition of the Metropolitan Planning Committee; (b) the manner in which the seats in the Committee shall be filled: Provided that not less than two-thirds of the members of the Committee shall be elected by and from amongst the elected members of the Corporation and municipalities and Chairpersons of the panchayats in the Metropolitan area in proportion to the ratio between the population of the Corporation, the municipalities and the panchayats in the area; (c) the representation in such Committees of the members of the Government of India and of the Government and of such organisations and institutions as may be deemed necessary for carrying out the functions assigned to such committees; (d) the functions relating to planning and coordination for the metropolitan area which may be assigned to the Committees; (e) the manner in which the Chairpersons of the Committees shall be chosen; (3) The Metropolitan Planning Committee shall, in preparing the draft development plan,- (a) have regard to - (i) the plans prepared by the Corporation, municipalities and the Panchayats in the Metropolitan area; (ii) matters of common interest between the Corporation, municipalities and the panchayats, including coordinated special planning of the area, sharing of water and other physical and natural resources, the integrated development of infrastructure and environmental conservation; (iii) the overall objectives and priorities set by the Government of India and the Government ; (iv) the extent and nature of investments likely to be made in the Metropolitan area by agencies of the Government of India and of the Government and other available resources whether financial or otherwise; (b) consult such institutions and organisations as the Government may prescribe. Chapter XXV Transitional Provisions, Repeals and Savings Pertaining to Faridabad Complex Administration ------------------------------------------------------------------------------------------------------------ ### 418. Transitional provisions. - In any enactment other than the Faridabad Complex (Regulation and Development) Act, 1971, in force on the date immediately preceding the day on which this Act came into force in the Municipal area or in any rule, order or notification made or issued thereunder and in force on such date, unless a different intention appears - (a) reference to Faridabad Complex Administration, Faridabad under the Faridabad Complex (Regulation and Development) Act, 1971, shall be construed as reference to the Municipal Corporation of Faridabad, and such enactment, rule, order or notification shall apply to the Municipal area of the Corporation; (b) references to the Chief Administrator under the Faridabad Complex (Regulation and Development) Act, 1971, shall be construed in respect of the Municipal area as reference to the Commissioner appointed under this Act; (c) references to any Chapter or section of the Faridabad Complex (Regulation and Development) Act, 1971, shall as far as possible be construed in respect of the Municipal area as references to this Act or its corresponding Chapter or section. ### 419. Provisions regarding staff of Faridabad Complex Administration. - Every officer and other employee serving under the Administration of the Faridabad Complex at the time of commencement of this Act shall be deemed to have been transferred to and become an officer or other employee of the Corporation of Faridabad with such designation as the Commissioner may determine and hold office for the same tenure, at the same remuneration and on the same terms and conditions of service as he would have continued to hold in case the Corporation had not been constituted and shall continue to do so unless and until his employment in the Corporation is duly terminated or until the remuneration or terms and conditions of his service are duly revised by the Corporation : Provided that the conditions of service applicable to them immediately before the commencement of this Act shall not be varied to their disadvantages except with the previous approval of the Government. ### 420. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the Government may by order do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty. ### 421. Repeal and saving. (1) As from the commencement of this Act the Faridabad Complex (Regulation and Development) Act, 1971, shall stand repealed. (2) Notwithstanding anything contained in sub-section (1) - (a) any appointment, notification, order, scheme, rule, form, notice, or bye-law made or issued, and any licence or permission granted under the Faridabad Complex (Regulation and Development) Act, 1971 and in force immediately before the commencement of this Act shall, in so far as it is not inconsistent with the provisions of this Act continue to be in force and be deemed to have been made, issued or granted under the provisions of this Act, unless and until it is superseded by any appointment notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted under the said provisions; (b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the administration of the Faridabad Complex, before such commencement, shall be deemed to have been incurred, entered into or engaged to be done by with or for the Corporation; (c) all budget estimates, assessments, valuations, measurements or divisions made by the administration of the Faridabad Complex shall, in so far as they are not inconsistent with the provisions of this Act continue in force and be deemed to have been made under the provisions of this Act unless and until they are superseded by any budget estimate, assessment, valuation, measurement or division made by the Corporation under the said provisions; (d) all properties, movable and immovable and all interests of whatsoever nature and kind therein, vested in the administration of the Faridabad Complex immediately before such commencement, shall with all rights of whatever description used, enjoyed or possessed by the administration of Faridabad Complex, vest in the Corporation; (e) all rates, taxes, fees, rents and other sums of money due to the administration of the Faridabad Complex immediately before such commencement, shall be deemed to be due to the Corporation; (f) all rates, taxes, fees, rents, fares and other charges shall, until and unless they are varied by the Corporation continue to be levied at the same rate at which they were being levied by the aforesaid administration of the Faridabad Complex immediately before such commencement; (g) all suits, prosecutions, land acquisition proceedings instituted or which might have been instituted by or against the administration of the Faridabad Complex may be continued or instituted by or against Corporation; and (h) all proceedings and appeals pending before any authority of the Faridabad Complex before such commencement, shall be deemed to have been instituted before the Commissioner and shall be continued by him or transferred to another authority under the provisions of this Act. Chapter XXVI General Provisions with Regard to Corporation other than the Corporation of Faridabad. -------------------------------------------------------------------------------------------------------- ### 422. Provisions regarding officers and employees. (1) When any municipality including, area comprising rural area or a Part thereof, if any, is declared and constituted a Corporation under sections 3 and 4 of this Act, the entire officers and employees serving in a municipality including area comprising rural area or a Part thereof, if any, on a post is relation to which the Corporation is constituted, shall, on the declaration and constitution of a Corporation, be deemed to be transferred to the Corporation on the existing terms of service and integrated into the Corporation. (2) The Corporation may recruit additional staff where necessary subject to the conditions as may be laid down by the Government. (3) In making appointment to any post referred to in this section, the appointing authority shall follow the instructions issued by the Government from time to time in relation to reservation of appointment or post for Scheduled Castes, Backward Classes and other category of persons. ### 423. Assets, liabilities, obligations contracts and pending proceedings. (1) All assests and properties vesting in all debts, liabilities and obligations incurred by, and all contracts made by or on behalf of, the municipality including area comprising rural area or a Part, thereof, if any, declared and constituted to be a Corporation under sections 3 and 4 of this Act, be deemed to have been vested in, to have been incurred and made by the Corporation and shall continue in operation. (2) All proceedings pending before any authority of the said municipality including area comprising rural area or a Part thereof, if any on the day the Corporation was constituted which under the provisions of this Act are required to be instituted before or undertaken by the Commissioner, shall be transferred to and continued by him and all other such proceedings shall, so far as may be, be transferred to and continued by such authority before or by whom they have to be instituted or undertaken under the provisions of this Act. (3) All appeals pending before any authority of the said municipality including area comprising rural area or a Part thereof, if any, on the day the Corporation was constituted, shall, in so far as may be practicable, be disposed of as if the same were pending before the said authority after the declaration and constitution of the Corporation. (4) All prosecutions instituted by or on behalf of the said municipality including area comprising rural area or a Part thereof, if any, and all suits and legal proceedings instituted by or against the said municipality including area comprising rural area or a Part thereof, if any, or any officer of the said municipality including area comprising rural area or a Part thereof, if any pending on the day the Corporation was constituted, shall be deemed to have been instituted by or against the Commissioner. ### 424. Repeal. - The Haryana Municipal Corporation Ordinance, 1994 (Haryana Ordinance No. 4 of 1994), is hereby repealed. First Schedule [See Section 3(1) ] A. Municipalities and revenue estates included in the Faridabad Complex - (i) Municipality of Faridabad Township (ii) Municipality of Faridabad Old (iii) Municipality of Ballabgarh (iv) Revenue estate of Ballabgarh not included in the municipality of Ballabgarh. B. Sabha areas included in the Faridabad Complex - (i) Atmadpur (ii) Annangur (iii) Palla (iv) Sarai Khaja (v) Wazirpur (vi) Mevla Maharajpur (vii) Fatehpur Chandila (viii) Budina (ix) Daulatabad (x) Ajronda (xi) Saran (xii) Mujesar (xiii) Ranera (xiv) Unchagaon (xv) Jharsainthi (xvi) Sehi (xvii) Ankhir (xviii) Badkhal (xix) Nawada Koh (xx) Dabua (xxi) Gaunchi (xxii) Nangla Gujran (xxiii) Gajipur (xxiv) Bajri (xxv) Bhankri (xxvi) Pali (xxvii) Gothra Mohabtabad (xxviii) Sehatpur | | | | --- | --- | | (xxix) Agwanpur | excluding the area mentioned in Haryana Government, Local Government DePartment (Committees) , notification number 13/5/91-3C11, dated the 19th June, 1993, published in English and number 13/31/91-3C 2, dated the 19th June, 1993, published in Hindi. | (xxx) Ismailpur (xxxi) Basantpur (xxxii) Salarpur (xxxiii) Nasirpur (xxxiv) Aslatpur (xxxv) Mowali (xxxvi) Baselwa (xxxvii) Palwali (xxxviii) Lakkarpur Second Schedule (See Section 331) Part I – Purposes to which premises may not be used without a licence. ------------------------------------------------------------------------ ### 1. Banking. ### 2. Cinematograph films, shooting of - ### 3. Cinematograph film by any process whatsoever, Treating of - ### 4. Chillies or masala or corn or seeds, Grinding of by mechanical means ### 5. Cloth, yarn or leather in indigo or in other colours, Dyeing or printing of - ### 6. Cloth or yarn bleaching ### 7. Keeping of an eating house or a catering establishment ### 8. Grain, Parching ### 9. Groundnut seeds, tamarind seeds or any other seeds, Parching ### 10. Keeping of Hairdressing Saloon or a barber's shop ### 11. Hides or skin, whether raw or dried tanning, pressing or packing ### 12. Keeping a laundry shop ### 13. Leather goods, Manufacturing or by mechanical means ### 14. Keeping of a litho Press ### 15. Keeping of a lodging house ### 16. Metal Casting ### 17. Precious metals, Refining of or recovering of the from embroideries ### 18. Keeping of a Printing Press ### 19. Keeping a sweetmeat shop except in premises already licensed as an eating house ### 20. Carrying on the trade or business of or any operation connected with trade of- (i) Autocar or autocycle servicing or repairing (ii) Blacksmithy (iii) Coppersmithy (iv) Electroplating (v) Glass bevelling (vi) Glass cutting (vii) Glass polishing (viii) Goldsmithy (ix) Marble cutting, grinding, dressing or polishing (x) Metal (ferrous or non-ferrous or antimony but excluding precious metal) cutting or treating metal by harmoring drilling, pressing, filling, polishing, heating or by any other process whatever or assembling Parts of metal (xi) Photography-studio (xii) Radio (wireless receiving set) selling, repairing, servicing or manufacturing (xiii) Silversmithy (xiv) Spinning or weaving cotton, silk, art silk, or jute or wool with the aid of power (xv) Stones grinding, cutting, dressing or polishing (xvi) Timber or wood sawing or cutting, by mechanical or electric power (xvii) Tinsmithy (xvii) Washerman's trade (xix) Welding of metal by electric, gas or any process whatsoever. ### 21. Manufacturing Parching, packing, pressing, cleaning, cleansing, boiling, molting, grinding or preparing by any process whatever any of the following articles - (i) aerated waters (ii) Bakelite goods (iii) Bidis (indigenous cigarettes), snuff, cigars or cigarettes (iv) Bitumen (v) Blasting powder (vi) Bones (vii) Bricks or tiles by hand power (viii) Bricks or tiles by mechanical power (ix) Brushes (x) Candles (xi) Catgut (xii) Celluloid or celluloid goods (xiii) Cement concrete designs or models (xiv) Charcoal (xv) Chemicals (xvi) Cinematograph films stripping in connection with any trade (xvii) Cosmetics or toilet goods (xviii) Cotton, cotton refuse, cotton waste, cotton yarn, silk, silk yarn, silk inclusive of waste yarn, art silk, art silk waste, art silk yarn, wool or woollen refuse or waste (xix) Cotton seeds (xx) Dammar (xxi) Dynamite (xxii) Fat (xxiii) Fireworks (xxiv) Flax (xxv) Ink for printing, writing, stamping etc. (xxvi) Gas (xxvii) Ghee (xxviii) Glass or glass articles (xxix) Gunpowder (xxx) Hemp (xxxi) Ice (including dry Ice) (xxxii) Insecticide or disinfectants (xxxiii) Leather cloth or rexine cloth or water proof cloth (xxxiv) Lime (xxxv) Lineseed oil (xxxvi) Matches for lighting (including Bengal matches) (xxxvii) Mattresses and pillows (xxxviii) Offal (xxxix) Oil Cloth (xI) Oil other than petroleum (either by mechanical power or by hand power or ghani driven by bullock or any other animal) (xli) Pharmaceutical or medical products (xlii) Rubber or rubber goods (xliii) Paints (xliv) Paper or cardboard (xlv) Pickers from hides (xlvi) Pitch (xlvii) Plastic goods (xlviii) Pottery by hand power (xlix) Pottery by mechanical or any power other than hand power (l) Sanitary-ware or china-ware (li) Soap (lii) Sugar (liii) Sweetmeat and confectionery goods (liv) Tallow (lv) Tar (lvi) Varnishes (lvii) Wooden furniture, boxes, barrels, khokas or other articles of wood or of plywood or of sandal wood. ### 22. [ Commercial shop, Workshop or Factories covered by the Indian Factories Act whether specified else where or not and from which may one of these i.e. nuisance, noise, smoke or unwholesome smell arises or wherein the inflammable material is stored, whether the manufacturing or storage is done by self or on contract or otherwise. ### 23. Premises used as commercial shops, workshop or engine house driven by electric power or oil engine for more than 2. H.P. ### 24. Premises used for the sale of Kerosene oil. ### 25. Premises used for the manufacture of mutton tallow or oil boiling house. ### 26. Premises used for manufacture, whole-sale or storage of grease, doda, caustic, acid, paints, salt-petre, sulpher, naptha, mercury, turpentine, resin, spirits, wine or any other dangerously inflammable oil, liquids or material. ### 27. Premises used for the retail sale of grease, soda, caustic, acid, paints, salt-peter, sulphur, mercury, turpentine, resin or any other dangerously inflammable liquids or materials. ### 28. Premises used for the manufacture of Iron Tanks, Tins, Utensils or any trade involving hammering of metal. ### 29. Premises used for wholesale of Ghee, Hydrogenated vegetable oil or any other cooking oil. ### 30. Premises used for retail sale of Ghee, Hydrogenated vegetable oil or any other cooking oil. ### 31. Premises used for making cloth by powerlooms. ### 32. Bhatti or any other manufacturing or commercial shop or workshop of engine house or store house or place or business from which offensive or unwholesome smell, noise or smoke arises not specifically mentioned in the above clause. ### 33. Premises used for cold storage, cinema or video house. ### 34. Premises used for manufacture and storage of tabacoo. ### 35. Premises used by Rice shellers. ### 36. A yard, depot or place of storage for Thatching grass, Sirki, Wan, Munj- rope, kanna, San, Khajgur, leaves, coconut, fiber, un-slaked, lime, bamboos, baskets. ### 37. Private nursing home (O.P.D.). ### 38. Private nursing home (indor) . ### 39. Agencies of Jeep, Car Truck etc. ### 40. Agency of two wheelers. ### 41. Tent House. ### 42. Marriage place.] [Item Nos. 22 to 42 added by Haryana Act No. 18 of 1999.] Part II – Articles which may not be stored in any premises without a licence ------------------------------------------------------------------------------ ### 1. Asafootida ### 2. Ashes ### 3. Bamboos ### 4. Bidi leaves ### 5. Blasting powder ### 6. Blood ### 7. Bones, bone meal or bone powder ### 8. Camphor ### 9. Carbide of calcium ### 10. Cardboard ### 11. Celluloid for celluloid goods ### 12. Charcoal ### 13. Chemicals, liquid ### 14. Chemicals, non-liquid ### 15. Chillies ### 16. Chlorate mixture ### 17. Cineomatograph films - non-inflammable or acetate or safety base ### 18. Cloth in pressed bales or boras ### 19. Cloth or clothes of cotton, wool, silk, art silk etc. ### 20. Coal ### 21. Coconut fibre ### 22. Coke ### 23. Compound gas, such as oxygen gas, hydrogen gas, nitrogen gas, carbon dioxide gas, sulphur dioxide gas, chlorine gas, acetylene gas, etc. ### 24. Copra ### 25. Cotton including Kohok, surgical cotton and silky cotton ### 26. Cotton refuse or waste or cotton yarn refuse or waste ### 27. Cotton seed ### 28. Detonators ### 29. Dry leaves ### 30. Dynamite ### 31. Explosive paint such as nitrocellulose paint, lacquer paint, enamel paint etc. ### 32. Fat ### 33. Felt ### 34. Fins ### 35. Fire wood ### 36. Fire works ### 37. Fish (dried) ### 38. Flax ### 39. Fulminate ### 40. Fulminate of mercury ### 41. Fulminate of silver ### 42. Golatino ### 43. Golignite ### 44. Grass ### 45. Gun-cotton ### 46. Gunpowder ### 47. Gunny Bags ### 48. Hair ### 49. Hay or fodder ### 50. Hemp ### 51. Hessian cloth (gunny-bag cloth) ### 52. Hides (dried) ### 53. Hides (raw) ### 54. Hoofs ### 55. Horns ### 56. Incense or essence ### 57. Jute ### 58. Khokas, boxes, barrels, furniture or any other article of wood ### 59. Lacquer ### 60. Leather ### 61. Matches for lighting (including Bengal matches) ### 62. Methylated spirit, denatured spirit or French polish ### 63. Nitro-Cellulose ### 64. Nitro-Compound ### 65. Nitro glycerine ### 66. Nitro-mixture ### 67. Offal ### 68. Oil, other than petroleum ### 69. Oilseeds including almonds, but excluding cotton seeds. ### 70. Old paper or waste paper including old newspapers, periodicals magazines, etc. ### 71. Packing stuff (paper cutting) ### 72. Paints ### 73. Paper other than old paper in pressed bales or loose or in reams ### 74. Petroleum, other than dangerous Petroleum, as defined in the Petroleum Act, 1934 ### 75. Phosphorus ### 76. Plastic or plastic goods ### 77. Plywood ### 78. Rags, including small pieces or cutting of cloth, Hessian cloth, gunny-bag cloth, silk, art silk or woollen cloth ### 79. Resin or dammer Batter otherwise known as Ral ### 80. Safety fuses, feg signals, cartridges, etc. ### 81. Saltpetre ### 82. Sandal wood ### 83. Silk waste or silk yarn waste, art silk waste or art silk yarn waste. ### 84. Sisal fibre ### 85. Skins (raw dried) ### 86. Straw ### 87. Sulphur ### 88. Tallow ### 89. Tar, ditch, dammar or bitumen ### 90. Tarpauline ### 91. Thinner ### 92. Timber ### 93. Turpentine ### 94. Varnish ### 95. Wool (raw) ### 96. Yarn other than waste yarn Third Schedule (See Section 380) Penalties Explanation. - The entries in the second column of the following table headed 'Subject' are not intended as definition of the offences prescribed in the provision mentioned in the first column or even at abstracts of the provisions, but are inserted merely as reference to the subject thereof :- | | | | | | --- | --- | --- | --- | | Section, sub-section, clause or proviso | Subject | Fine or imprisonment which may be imposed | Daily fine which may be imposed | | 1 | 2 | 3 | 4 | | | | Rs. | Rs. | | Section 101, sub-sections (1) and (2) | Failure to give notice of transfer or devolution of land or building | 500 | 50 | | Section 101, sub-section (3) | Failure to produce instrument of transfer | 500 | 50 | | Section 102 | Failure to give notice of erection of new building etc. | 500 | .. | | Section 103 | Failure to give notice of demolition or removal of building | 500 | 50 | | Section 104 | Failure to comply with requisition to furnish information, etc. | 500 | .. | | Section 108, sub-section (2) | Wilful delay or obstruction of valuers | 500 | .. | | Section 122 | Prohibition of advertisement without permission | 500 | 50 | | Section 137 | Failure to give notice of re-occupation of vacant land or building | 500 | 50 | | Section 142, sub-section (2) | Non-compliance with the requisition of attendance before the Commissioner | 500 | .. | | Section 145 | Failure to disclose liability | 500 | .. | | Section 180 | Failure to give notice | 500 | .. | | Section 182 | Prohibition to occupy new premises without arrangement for water supply | 500 | 50 | | Section 188 | Refusal of admittance, etc. | 500 | .. | | Section 191, sub-section (1) | Laying of water pipes, etc. in a position where the same may be injured or water therein polluted | 500 | 50 | | Section 191, sub-section (2) | Construction of latrines, etc., in a position where pipes may be injured or water therein polluted | 500 | 50 | | Section 195 | Injury to, or interference with free flow of contents of Municipal drain or drains communicating with Municipal drains. | 500 | 50 | | Section 196, sub-section (2) | Private drains not to be connected with Municipal drain without notice | 500 | 50 | | Section 197 | Non-compliance with requisition for drainage of undrained premises | 500 | 50 | | Section 198 | Erection of new premises without drains | 1000 | 100 | | Section 199 | Non-compliance with requisition of maintenance of drainage works for any group or block of premises | 500 | 50 | | Section 200 | Non-compliance with direction to close or limit the use of private drains in certain cases | 500 | 50 | | Section 201 | Non-compliance with Commissioner's order regarding the use of a drain by a person other than the owner thereof | 500 | .. | | Section 202 | Non-compliance with requisition for keeping sewage and rain water drains distinct | 500 | .. | | Section 203 | Non-compliance with requisition for the pavement of courtyard, etc. | 500 | .. | | Section 205 | Connection with Municipal Water works of drains without written permission | 500 | 50 | | Section 208, sub-section (4) | Non-compliance with requisition to close, remove or divert a pipe or drain | 500 | 50 | | Section 214, sub-section (1) | Execution of work by a person other than a licensed plumber | 500 | .. | | Section 214, sub-section (2) | Failure to furnish when required, name of licensed plumber employed | 500 | .. | | Section 214, sub-section (6) | Licensed plumbers not to demand more than the charges prescribed | 500 | .. | | Section 214, sub-section (8) | Licensed plumbers not to contravene bye-law or execute work carelessly, or negligently etc. | 500 | .. | | Section 215 | Prohibition of wilful or neglectful acts relating to water or sewage works | 500 | .. | | Section 223, sub-section (3) | Construction of building within the regular line of street without permission | 2000 | 200 | | Section 228 | Failure to comply with requisition to set forward building to regular line of street | 500 | 50 | | Section 231, sub-section (5) | Utilising, settling or otherwise dealing with any land or laying out a private street otherwise than in conformity with orders of the Corporation | 500 | 50 | | Section 232, sub-section (1) , clauses (a) and (b) | Failure to comply with requisition to show cause for alteration of street or for appearance before the Commissioner | 500 | 50 | | Section 233, sub-section (1) | Failure to comply with requisition on owner of private street or owner of adjoining land or building to level, etc. such street | 500 | 50 | | Section 235, sub-section (1) | Prohibition of projections upon street, etc. | Imprisonment for one month or Rs. 1,000 or both | 100 | | Section 235, sub-section (2) | Failure to comply with requisition to remove projections from street | 500 | 50 | | Section 236, sub-section (2) | Failure to comply with requisition to remove a verandah, balcony, etc. put out in accordance with section 236(1) | 500 | 50 | | Section 237 | Failure to comply with requisition to have ground floor doors, etc., so altered as not to open outwards | 1000 | 50 | | Section 238, sub-section (1) | Erection, etc. of structures or fixtures which cause obstruction in streets | 1000 | 100 | | Section 238, sub-section (2) | Deposit, etc. of things in streets | 500 | .. | | Section 241, sub-sections (1) and (2) | Tethering of animals and milking of cattle in public streets | 500 | 50 | | Section 242, sub-section (4) | Unlawful removal of bar or sorting timber etc., or removal or extinction of light | 500 | .. | | Section 243, sub-section (1) | Streets not to be opened or broken up and building material not to be deposited thereon without permission | 500 | 50 | | Section 245, sub-section (2) | Name of street and number of house not be destroyed or defaced etc. | 500 | .. | | Section 246, sub-section (1) | Failure to comply with requisition to repair, project or enclose a dangerous place | 500 | 50 | | Section 248, sub-section (1) | Removal etc. of lamps | 500 | .. | | Section 248, sub-section (2) | Wilfully and negligently extinguishing light in public streets etc. | 500 | .. | | Section 250 | Erection of a building without the sanction of the Commissioner | 5000 | 500 | | Section 251, sub-section (1) | Failure to give notice of intention to erect a building | 500 | .. | | Section 252 | Failure to give notice of intention to make additions, etc., to buildings | 500 | 50 | | Section 255, sub-section (4) | Commencement of work without notice, etc. | 2000 | 200 | | Section 257 | Failure to comply with requisition to round off buildings at corners of streets | 500 | 50 | | Section 258, sub-section (1) | Erection of buildings on new streets without levelling | 1000 | 50 | | Section 258, sub-section (2) | Erection of buildings or execution of work, within regular line of street or in contravention of any scheme for plan | 1000 | .. | | Section 260 | Use of inflammable material without permission | 1000 | .. | | Section 261 | Failure to demolish buildings erected without sanction or erection of buildings in contravention of order | 2000 | 200 | | Section 262 | Erection of buildings in contravention of conditions of sanction, etc. | 2000 | 200 | | Section 263 | Failure to carry out alterations | 2000 | .. | | Section 264, sub-sections (1) and (2) | Non-compliance with revision as to completion certificates, occupation or use, etc. | 500 | 50 | | Section 265, sub-section (1) | Non-compliance with restrictions on user of buildings | 1000 | 100 | | Section 265, sub-sections (2) and (3) | Failure to comply with requisition and to remove structures which are in ruins or likely to fall | 2000 | 200 | | Section 266, sub-section (1) | Failure to comply with requisition to vacate buildings in dangerous conditions, etc. | 1000 | 100 | | Section 271 | Failure to provide for collection, removal and deposit of refuse and provision of receptacles | 500 | 50 | | Section 272 | Failure to comply with requisition for removal of rubbish etc. from premises used as market etc. | 500 | .. | | Section 273, sub-section (1) | Keeping rubbish and filth for more than twenty four hours etc. | 500 | 50 | | Section 273, sub-section (2) | Allowing filth to flow in streets | 500 | 50 | | Section 273, sub-section (3) | Depositing rubbish or filth etc. in street etc. | 500 | .. | | Section 275, sub-section (1) | Latrines and urinals not to be constructed without permission or in contravention of terms prescribed | 500 | .. | | Section 277, sub-section (1) | Failure to provide buildings newly erected or re-erected with latrine, urinal and other accommodation | 1000 | 100 | | Section 277, sub-section (3) | Failure to provide residential buildings composed of separate tenements with latrine, bathing or washing place for servants on the ground floor | 500 | .. | | Section 278 | Failure to provide latrines for premises used by large number of people and to keep them clean and in proper order | 500 | 50 | | Section 279 | Failure to comply with requisition to enforce provision of latrine or urinal etc. | 500 | 50 | | Section 280, Clauses (a) , (b), (c) and (d) | Failure to comply with requisition to enforce provision of latrine or urinal accommodation etc. | 500 | 50 | | Section 281, sub-section (2) | Failure to comply with requisition for removal of congested buildings | 1000 | 100 | | Section 282 | Failure to comply with requisition to improve buildings unfit for human habitation | 1000 | .. | | Section 284, sub-section (1) , (2), (3) and (4) | Failure to comply with order of demolition of buildings unfit for human habitation | 2000 | 200 | | Section 285 | Failure to comply with requisition of the Commissioner to remove insanitary huts and sheds etc. | 500 | 50 | | Section 286, sub-section (1) | Prohibition against washing by washerman | 500 | .. | | Section 287 | Failure to give information of dangerous disease | 500 | .. | | Section 289 | Failure to comply with requisition to cleanse and disinfect buildings or articles | 500 | .. | | Section 290 | Failure to comply with requisition to destroyinfectious huts or sheds | 500 | .. | | Section 291 | Washing of clothing, bedding etc. at any place not | notified by the Commissioner | 500 | | Section 293, sub-section (1) | Sending infected clothes to washerman or laundry | 500 | .. | | Section 293, sub-section (2) | Failure to furnish address of washerman or laundry to which clothes have been sent | 500 | .. | | Section 294, sub-section (1) , (2) and (3) | Use of public conveyances by persons suffering from a dangerous disease etc. | 500 | .. | | Section 296 | Failure to disinfect buildings before letting the same | 500 | .. | | Section 297 | Disposal of infected articles without disinfection | 500 | .. | | Section 298 | Making or selling of food, etc. or washing of clothes by infected persons | 500 | .. | | Section 299 | Sale of food or drink in contravention of restriction or prohibition of the Commissioner | 500 | .. | | Section 300 | Removal or use of water from wells and tanks in contravention of prohibition of Commissioner | 500 | .. | | Section 301 | Exposure of persons to risk of infection by the presence or conduct of a person suffering from a dangerous disease, etc. | 500 | .. | | Section 302 | Removal of infectious corpses in contravention of the provision of the section | 500 | .. | | Section 303, sub-section (1) | Absence of sweepers, etc., from duty without notice | Imprisonment which may extend to one month or Rs. 1,000 or both | .. | | Section 304 | Failure to supply information by persons incharge of burning or burial grounds | 500 | .. | | Section 305 | Use of new burning or burial ground without permission | 500 | .. | | Section 306, sub-section (1) | Failure to comply with requisition to close a burning or burial grounds | 500 | .. | | Section 306, sub-section (2) | Burning or burial of corpses in a burial ground after it has been closed | 500 | .. | | Section 307 | Removal of corpses by other than prescribed routes | 500 | .. | | Section 308, sub-section (1) Clause (b) | Failure to give notice for removal for corpses of dead animals | 500 | .. | | Section 309, sub-sections (1) , (2) and (3) | Commission of nuisances | 500 | .. | | Section 310 | Failure to comply with requisition for removal or abatement of nuisance | 500 | 50 | | Section 311, sub-section (4) | Dogs not to be at large in a street without being secured by a chain lead | 500 | .. | | Section 311, sub-section (5) | Ferocious dogs at large without being muzzled, etc. | 500 | | | Section 312 | Stacking inflammable material in contravention of prohibition | 5000 | .. | | Section 313 | Setting a naked light | 500 | .. | | Section 314 | Discharging fire-works, fire arms, etc. likely to cause danger | 500 | .. | | Section 315 | Failure to comply with requisition to render buildings, wells etc., safe | 500 | .. | | Section 316 | Failure to comply with requisition to enclose land used for improper purposes | 500 | .. | | Section 320, sub-section (1) | Sale in municipal markets without permission | 500 | .. | | Section 322, sub-section (1) | Use of places as private market without a licence and use of places other than a municipal slaughter house as slaughter houses | 500 | 50 | | Section 322, sub-section (2) Proviso (a) | Non-compliance with conditions imposed by Commissioner | 500 | .. | | Section 324 | Keeping market open without licence, etc. | 2000 | .. | | Section 325 | Sale in unlicensed market | 500 | .. | | Section 326 | Carrying on business or trades near a market | 500 | .. | | Section 329 | Carrying on butcher, fish-monger's or poulterer's trade without licence, etc. | 500 | 50 | | Section 330 | Establishment of factory, etc., without permission | 5000 | 500 | | Section 331 | Certain things not to be kept and certain trades and operations not to be carried on without a licence | 500 | 100 | | Section 332 sub-section (3) | Keeping, abandonment or tethering of animals, etc. | 300 which may extend to 2000 | 100 | | Section 333 sub-section (5) | Use of premises in contravention of declaration | 500 | .. | | Section 334 | Hawking articles for sale without a licence, etc. | 500 | .. | | Section 335 | Keeping a lodging house, eating house, tea shop, etc., without licence or contrary to licence | 500 | 50 | | Section 336 | Keeping open theatre circus or other place of public amusement without licence or contrary to terms of licence | 1000 | 100 | | Section 353 | Preventing the Commissioner or any person authorised in this behalf from exercising his powers of entry, etc. | 500 | 100 | | Section 354 | Presenting the Commissioner or any person authorised in this behalf from exercising his powers of entry upon any adjoining land | 500 | .. | | Section 359 | Obstruction or molestation in execution of work | 500 | .. | | Section 366, sub-section (4) | Failure to comply with requisition to state the name and address of owners of premises | 500 | .. | | Section 375, sub-section (3) | Failure of occupier of land or building to afford owner facilities for complying with provisions of the order, etc. after eight days from issue of order by District Judge | 500 | 50 | | Section 405 | Obstruction of Mayor or any Corporation authority, etc. | 500 | .. | | Section 406 | Removal of any mark set up for indicating level, etc. | 500 | .. | | Section 407 | Removal etc. of notice exhibit by or under order of the Corporation Commissioner, etc. | 500 | .. | | Section 408 | Unlawful removal of earth, sand or other material or deposit of any matter or making of any encroachment from any land vested in the Corporation | 500 | .. | Notifications Haryana Government, Urban Development DePartment, Notification, dated 2nd January, 2006 No. 14/47/2003-3II. - In exercise of the powers conferred by sub-section (3) of Section 87 read with sub-section (1) of Section 149 of the Haryana Municipal Corporation Act, 1994 (Act 16 of 1994 ), the Governor of Haryana hereby makes the following amendment in the Haryana Government Urban Development DePartment Notification No. 14/47/2003-3CII, dated the 30th September, 2003, with effect from the 30th September, 2003, namely :- In Haryana Government, Urban Development DePartment Notification No. 14/47/2003-3CII, dated the 30th September, 2003, in the proviso for clause 6, the following clause shall be substituted, namely :- "6. All buildings and lands of the ex-servicemen or families of deceased soldiers or freedom fighters and ex-servicemen : Provided that they have no other residential house in Haryana State and are residing in it themselves and have not let out any portion of the house : Provided further that the condition of renting out any portion of the house shall not apply to those ex-servicemen or families of deceased soldiers or freedom fighters and ex-servicemen who are in receipt of pension amounting to Rs. 1,275/- per mensem or less.".

65b93133ab84c7eca86e88ec

acts

State of Odisha - Act ----------------------- The Rules Relating to the Legal Remembrancer ---------------------------------------------- ODISHA India The Rules Relating to the Legal Remembrancer ============================================== Rule THE-RULES-RELATING-TO-THE-LEGAL-REMEMBRANCER of 1800 ----------------------------------------------------------- * Published on 1 January 1800 * Commenced on 1 January 1800 The Rules Relating to the Legal Remembrancer ### 1. The Legal Remembrancer is the Law Officer next in rank to the Advocate-General and his jurisdiction extends over the Province of Orissa. ### 2. It is the duty of the Legal Remembrancer to superintend and advise on the conduct of all litigation, criminal and civil, to which Government may be a party or with which Government is in any way concerned. He is ex-offfcio Public Prosecutor in all cases coming before the High Court of Judicature at Patna or before any other Court in the Province. ### 3. It is the duty of the Legal Remembrancer in criminal matters - (i) to instruct the Advocate-General, when necessary, in relation to cases coming before the High Court; (ii) in the District Courts, to provide for the adequate prosecution of important cases and for the proper representation of the Crown in appeals of special moment; (iii) to advise Government when appeals from acquittals are proposed; and (iv) generally to watch the interests of Government in the Criminal Courts. ### 4. District Magistrates shall at once report for the orders of the Legal Remembrancer any criminal case of more than ordinary importance involving a question of great public interest, or in which it may appear expedient that the Crown should withdraw from the prosecution, and it shall be the duty of the Legal Remembrancer to keep Government informed of all such cases. ### 5. In all matters connected with civil justice, the Legal Remembrancer is responsible for making all necessary arrangements for the conduct of cases entrusted to him from the time the papers are made over to his office until the case is finally heard and determined, and all sums adjudged to Government have been recovered or completely disposed of. ### 6. The Legal Remembrancer is ex-officio, authorised to act for Government in respect of all judicial proceedings in any Civil Court within the Province of Orissa and is the recognised agent of Government under Rule 2 of Order XXVII of the Code of Civil Procedure, 1908. ### 7. It is the duty of the Legal Remembrancer to give his opinion in any matter upon which Government in any department may think fit to consult him. ### 8. The Legal Remembrancer will, when so required, advise the Revenue Commissioner in any civil litigation in which the proprietor of a Court of Ward's estate is a party. He will also advise in all cases in which the Revenue Commissioner, at the instance of a local body, desires his advice. Such cases will be submitted by the District Magistrate to the Revenue Commissioner and must be accompanied by the opinion of the local Government pleader.

65ba3318ab84c7eca86eacef

acts

Bengal Presidency - Act ------------------------- The Calcutta Port Rules, 1943 ------------------------------- BENGAL PRESIDENCY India The Calcutta Port Rules, 1943 =============================== Rule THE-CALCUTTA-PORT-RULES-1943 of 1943 ------------------------------------------- * Published on 3 December 1943 * Commenced on 3 December 1943 The Calcutta Port Rules, 1943 Published vide Notification Gazette of India, 1943, Part 1, page 1329. ### 2045. No. 9-P(19) /42, dated 3rd December, 1943. - In exercise of the powers conferred by sub-section (1) of Sec. 6 of the Indian Ports Act, 1908 (15 of 1908), and in suppression of the rules published with the notifications of the Government of Bengal in the Marine Department, Nos.82-Marine, and 7-Marine, dated the 15th July 1919 and the 20th February 1934, respectively, the Central Government is pleased to make the following Rules for the Port of Calcutta, the same having been previously published as required by sub-section (2) of the said section, namely Rules Part I – Preliminary ---------------------- ### 1. Short title. - These rules shall be called the Calcutta Port Rules. ### 2. Definitions. - In these rules, unless there is anything repugnant in the subject or context, (a) "Port of Calcutta" means the Port of Calcutta as defined in the notification of the Government of Bengal in the Marine Department, [No.13- Marine, dated the 14th February 1929;] [See now G.S.R. 89(E) , dated 26th February, 1977, supra.] (b) "port" means the Port of Calcutta and the navigable river and channels leading to it in which the Indian Ports Act, 1908 (15 of 1908) is, for the time being, in force; (c) "the Commissioners" means the Commissioners for the Port of Calcutta constituted under the Calcutta Port Act, 1890 (Bengal Act 3 of 1890), and appointed to be Conservator of the Port of Calcutta and the navigable river and channels leading to it under the Indian Ports Act, 1908 (15 of 1908); (d) "Director, Marine Department" means the officer appointed by the Commissioners as Conservator of the Port of Calcutta and the navigable river and channels leading to it, to exercise or perform, subject to their control, their functions as such under the Indian Ports Act, 1908 (15 of 1908); (e) "Harbour Master (Port)" means the officer appointed by the Commissioners to have charge, under the supervision of the Director, Marine Department, of the berthing, mooring and movement of all vessels within the Port of Calcutta. (f) "Howrah Bridge" means the bridge constructed and maintained under the provisions of the Howrah Bridge Act, 1926 (Bengal Act 4 of 1926); (g) "navigable channel" means that portion of the river Hooghly used from time to time by sea-going vessels and sea-plants and defined by navigational marks and buoys; (h) "daybreak"means half an hour before sunrise; (i) "dark"means half an hour after sunset; (j) "Master" when used in relation to any vessel, means any person (except a pilot or harbour master) having, for the time being, the charge or control of the vessel; (k) "vessel" includes every description of water craft, other than a "seaplane" on the water, used or capable of being used as a means of transport on water; (i) "vessel under way" means a vessel not at anchor or made fast to the shore or aground; (m) "sea-going vessel" means every description of vessel used in sea-navigation or notified as "sea-going" by the competent authority; (n) "power driven vessel" means any vessel propelled by machinery; (o) "inland steam vessel" means any vessel which is subject to the provisions of the Inland Steam-Vessels Act, 1917 ( 1 of 1917 ); (p) "ferry steamer" means every description of inland steam vessel which regularly plies on a fixed route within or partly within and partly without the port; (q) "small craft" means every description of vessel not being a sea-going vessel or an inland steam which is used for the conveyance by water of human beings or of property; (r) "boat" means every kind of small craft by whatever name described not mechanically propelled; (s) "flat" means a decked-in boat which can ply only in tow of an inland steam vessel; (t) "passenger boat" means any boat which ordinarily carries other persons in addition to the manjhi or boatman in charge and the crew; (u) "cargo boat" means any boat which ordinarily carries all kinds of movable or personal property, including animals; (v) "sea-plane" includes a flying boat and any other air-craft designed to manoeuvre on water or notified as 'sea-plane' by the competent authority; (w) "ton" means a ton as determined or determinable by the rules for the time being in force for regulating the measurement of the net tonnage of British ships except in the rules for licensing and regulating flats or boats where "ton" means a ton as determined by the provisions of rule 65. ### 3. Application. - These rules shall, unless it is otherwise stated, be applicable only within the Port of Calcutta. The provisions of these rules relating to sea-going vessels shall also apply to sea-planes; but where, as a result of their special construction, it is not possible for sea-planes to comply fully with the provisions specifying the carrying' of lights and shapes they shall be complied with as far as circumstances permit. Nothing contained in these rules shall affect the provisions of: (a) any rules made by the Central Government under the Petroleum Act, 1934 ( 30 of 1934 ); (b) any rules made by the Central Government under the Obstructions in Fairways Act, 1881 (16 of 1881); (c) any rules made by the Provincial Government under the Inland Steam-Vessels Act, 1917 ( 1 of 1917 ); (d) any bylaws made by the Provincial Government or the Commissioners under the Howrah Bridge Act, 1926 (Bengal Act 4 of 1926); and (e) any bylaws made by the Commissioners under the Calcutta Port Act, 1890 (Bengal Act 3 of 1890). Part II – Rules For Sea-Going Vessels --------------------------------------- Sea-going vessels ### 4. Restriction on movement. - Every vessel shall, as and when ordered by the Director, Marine Department or Harbour Master (Port) , move to or from any berth, mooring or anchorage in the Port provided that below Garden House all sea-going vessels shall proceed up or down the river under the direction of an officer of the Calcutta Pilot Service. ### 4. -A. Prevention of collisions at sea. (1) Every vessel under the charge of a Pilot, while navigating the River Hooghly, shall be governed by International Rules for preventing collisions at sea, as modified or supplemented by local rules prescribed by the Commissioners for navigation in the River Hooghly. (2) Any shipowner may apply to the Harbour Master (Port) of the Harbour Master (River) for a copy of the said rules. ### 5. Regulation of berths and moorings. - All sea-going vessels shall take up the berths or moorings or occupy the places appointed for them by the Director, Marine Department or Harbour Master (Port) , and move from any berth, mooring or place to any other berth, mooring or place to the direction and under the charge of any duly authorised officer of the Commissioners: Provided that between Budge Budge and Garden House sea-going vessels inward or outward bound shall move to the direction and under the charge of an officer of the Calcutta Pilot Service. ### 6. Applications for assistance to Harbour Master (Port) . - All applications for sea-going vessles to be hauled or cast off from, moorings or for any other assistance shall be made either personally or by letter, to the Harbour Master (Port) . ### 7. Use of tugs. - Every sea-going vessel wishing to move within the port shall employ such tugs for the purpose as are, in the opinion of the Harbour Master (Port) or Pilot in charge, necessary for her safety. ### 8. Steam pressure. - The master of every sea-going vessel entering or leaving any mooring of any Dock or Jetty berth under her own steam shall be responsible for the maintenance of sufficient pressure of steam iu work her engines at full speed, ahead or astern as may be required. ### 9. Use of moorings. - No sea-going vessel shall make fast to, or use any mooring, fixed or swinging, without the permission of the Director, Marine Department or Harbour Master (Port) . ### 10. Vessels at swinging moorings. - Every sea-going vessel lying at a swinging mooring shall, from the 15th June to the 31st October, have, in addition to her bower chain, the end of a good hawser made fast to the ring of the mooring. ### 11. Anchors at bow. - Every sea-going vessel under way, or lying in the stream or at a mooring shall at all times have at least one anchor at the bow with a capable bent ready for letting go. ### 12. Mooring of vessels. - No person shall moor any sea-going vessel in any manner other than that prescribed by the Director, Marine Department or Harbour Master (Port) , or alter without the permission of the Harbour Master (Port), the mooring of any sea-going vessel save for the purpose of easing undue strain or of taking up undue slack. ### 13. Prohibition of anchoring. - Unless a Pilot or Assistant Harbour Master is on board no sea-going vessel shall lie at anchor in the port without the authority of the Director, Marine Department or Harbour Master (Port) . ### 14. Precautions against bore tides. - When bore tides are expected, every sea-going vessel lying at moorings in the stream (a) shall have her best hawsers made fast to the flood moorings or to her own chains close to the moorings and hove taut with sufficient train to relieve the jerk on the chains and bits when the bore makes; (b) shall take up bore anchor moorings whenever required to do so by the Director, Marine Department or Harbour Master (Port); (c) shall, if so required by the Harbour Master (Port), have power ready on her main engines, steering gear, windglass and winches for immediate use in an emergency. ### 15. Trial of engines. - No sea-going vessel occupying moorings in the docks or in the stream or lying at a dock berth shall turn her screws without giving sufficient warning to all boats in the vicinity. During engine trial, screws may only be turned at dead slow speed for short periods, in each direction. No trial under steam shall be made by a vessel lying alongside the Calcutta or Garden Reach Jetties except by direction of the Assistant Harbour Master or Pilot in charge. ### 16. Dismantling of engines. - No sea-going vessel shall, without the permission of the Director, Marine Department or Harbour Master (Port) , dismantle her engines or otherwise render herself incapable of movement. ### 17. Storm signals. - When storm signal No. VIII, IX or Xis hoisted on the flagstaff at the Commissioners' Office, Koilaghat Street, the flagstaff on the clock tower at the entrance to Kidderpore Docks and the flagstaff on the House of the Assistant Harbour Master or Pilot at Budge Budge or other authorised position in the port the Masters of all sea-going vessels shall immediately take every precaution in their power to make their vessels snug and secure, and in particular shall keep a second anchor ready for letting go. ### 18. Crews for vessels. - Subject to the provisions of rules 19,20 and 21, all sea-going vessles in the port shall have on board a sufficient number of crew to perform any duties which may become necessary for their safety or movement in any emergency. ### 19. License for smaller crew. - Whenever any sea-going vessel is laid up in any berth or mooring specially allotted to her for that purpose, it shall be lawful for the Commissioners by the hand of their Chairman to grant for a stated period a license, in Form A of the Schedule authorising the vessel to remain at her berth or mooring with the minimum crew specified in that license. ### 20. Revocation of license. - It shall also be lawful for the Commissioners, by the hand of their Chairman, in Form B of the Schedule to revoke the aforesaid license in Form A, and on and after the publication of such revocation, which shall be effected by pasting a copy thereof upon some conspicuous part of such vessel, the provisions of rule 18 shall apply to the vessel as if no such license had ever been granted. ### 21. License to lie without crew. - Whenever it shall appear to the Commissioners that any creek, river or dock is so situated that sea-going vessels without any crew therein may remain afloat in such creek, river or dock without danger to any vessels in any part of the port, it shall be lawful for the Commissioners to grant by the hand of their Chairman in Form C of the Schedule a license exempting any such vessel from the provisions of rule 18 and if they think fit to revoke, or from time to time amend the aforesaid license. ### 22. Smoking and lights. - No person shall smoke or use naked lights of any description in a hold or between decks of a sea-going vessel or in any enclosed space in such vessel containing stores, cargo or inflammable materials. ### 22A. No sea-going vessel shall, without the permission of the Director, Marine Department, use any lights other than electric lights, provided that this rule shall not apply to emergency Navigation or riding lights. ### 23. Fires. - Fires on sea-going vessels shall be permitted only in galleys or properly constructed fire-places. ### 24. Fire-works. - The discharge of fire-works is prohibited on all sea-going vessels. ### 25. Measures during fire. - When a fire has broken out in any vessel, the masters of all sea-going vessels in neighbouring berths or moorings shall furl their awnings, get their force pumps and hoses ready for use and prepare to slip their cables or hawsers. ### 26. Projections from vessels. - All sea-going vessels proceedings to or from the docks or jetties shall turn in all boats, and remove all projections likely to collide with any wall, pier or jetty or quay equipment. ### 27. Projecting equipments. - No sea-going vessel lying above Garden House shall have projecting from her side any anchor, spar, or other equipment likely to cause damage to other vessels. Signals ### 28. Sounding of whistles. - No sea-going vessel shall sound her whistle or siren except in accordance with the International Regulations for preventing collisions at Sea as modified for the River Hooghly : Provided that no sea-going vessel shall continuously sound a steam whistle or siren. ### 29. Blue Peter. - Every sea-going vessel about to leave the port shall hoist the Blue Peter at the fore at 6 A.M.on the day prior to that on which she breaks moorings, and shall keep it hoisted until the pilot assumes charge to take her to sea: Provided that this rule shall not apply in time of war. ### 30. International Code Flag "A". - Every sea-going vessel entering moorings or proceedings to a jetty shall hoist International Code Flag "A" on the triatic stay and shall keep it so hoisted until the Assistant Harbour Master or Pilot in charge, when he considers it safe for inland steam vessels and small craft to come alongside, orders it to be lowered. ### 31. Prohibition of private signals. - No signals excepting those authorised by the International Code of Signals shall be hoisted by a sea-going vessel without the authority of the Directcr, Marine Department or of the Assistant Harbour Mastgror Pilot-in-charge. ### 32. Signal lights. - Every sea-going vessel shall between dark and day-breax exhibit the lights required by the International Regulations for preventing collisions at Sea. No other signal lights shall be exhibited except by direction of the Assistant Harbour Master or Pilot-in-charge. ### 33. Use of search-lights. - The use of search-lights by any sea-going vessel whilst within the port is prohibited except by the direction of the Director, Marine Department, Harbour Master (Port) or the Pilot or Assistant Harbour Master-in-charge. ### 34. Towing lights. - Every sea-going vessel in the port (a) shall, when in tow asteru, carry the lights required by rule 5 of the International Regulations for preventing collisions at Sea. (b) shall, when in tow of vessels lashed alongside both sides, carry only the white lights required by rule 3 of the said Regulations. (c) shall, when in tow of only one vessel lashed alongside, carry the white lights required by the aforesaid rule and in addition a side light on the side away from the towing vessel. (d) shall, when in two astern of a vessel and with tugs lashed alongside, carry the white lights required by the aforesaid rule. ### 35. Every sea-going vessel in the port in tow of tugs lashed alongside shall extinguish all lights which interfere with the visibility of the lights exhibited by the tugs. ### 36. A sea-going vessel towing another sea-going vessel in the port shall (a) when towing ahead exhibit lights prescribed by rule 3 of the International Regulations for preventing collisions at Sea: (b) when towing alongside exhibit side lights only on the side away from the tow. ### 37. The additional white light mentioned in rule 2 (ii) of the aforesaid Regulations shall not be carried by a sea-going vessel in tow in the port. ### 38. Lights for vessels aground and vessels at anchor. (1) Every sea-going vessel aground in the port in or near a fairway (a) shall during night exhibit the lights required by rule 11(e) of the aforesaid Regulations, provided that such vessel shall, when in tow, exhibit immediately she starts to make way over the ground the lights required by rule 34 of these rules; and (b) shall, during day, hoist in place of the red lights mentioned in rule 11(e) aforesaid, three black balls.2 feet' in diameter and six feet' apart. (2) The black ball mentioned in rule 11(c) of the aforesaid Regulations shall not be carried by any vessel between Kalpi Road and Howrah Bridge i.e. from latitude 22°-4-51" N to latitude 22'-35°-4". ### 39. Sea-going sailing vessels. - Every sailing vessel classified as sea-going- (a) shall, on arrival in the Port of Calcutta rig in her jib and driver booms and keep them so rigged until the pilot assumes charge for the purpose of taking her to sea. Yards and masts shall also be struck when so directed by the Harbour Master (Port). Top-gallant yards may be sent aloft 48 hours before the vessel leaves her moorings. (b) shall, from the 1st day of May to the 30th day of June, and from the 1st day of October to the 15th day of November, have her royal and top-gallant yards on deck, and mast-ropes rove in readiness to send the top-gallant mast down at short notice. All such vessels entering the Port of Calcutta between the said dates may be placed in moorings with their top-gallant masts and yards aloft, but their top-gallant yards shall be sent down within 24 hours after they are moored. Precautions Against Accidents ### 40. Discharge of steam. -The Master of every sea-going vessel shall take all necessary precautions by placing guards or otherwise to prevent injury to persons or damage to property through the discharge of steam, oil or water from any part of his vessel. ### 41. Securing beams and hatchways. - When cargo is being loaded into, or unloaded from, a sea-going vessel through any of her hatchways, whether on deck or below, the longitudinal (fore and after) and athwartship beams and hatchway covers of such hatchways shall be secured in such a manner as will effectually prevent them from falling into the hold or overboard. ### 42. Safety of workmen. - The Master of any sea-going vessel requiring work to be done in bilges, boilers or double bottom shall take all precautions to ensure that working conditions in such places are made safe before any person is sent into them. ### 43. Exposure to sun. - No Master of sea-going vessel shall, from the 1st day of April to the 31st day of October inclusive, employ, or cause to be employed, between the hours of 9.A.M. and 4 P.M. any European seaman or apprentice for the purpose of cleaning or painting the vessel that necessitates the direct exposure of such seaman or apprentice to the rays of the sun. Section II Part III – Rules For Inland Vessels ------------------------------------- Inland steam-vessels ### 44. Comprehensive Rules. - The provisions of rules 9, 10,11, 22, 23, 24, 28, 36 and 37 shall apply in relation to inland steam-vessels as they apply in relation to sea-going vessels. ### 45. Navigable channel. - Every inland steam-vessel shall navigate so as to keep free the navigable channel required by sea-going vessels moving within the port. ### 46. Regulation of berths and moorings. - Every inland steam-vessels shall take up, or move to or from, any berth mooring or place when directed to do so by a duly authorised officer of the Commissioners. ### 47. Anchoring. - No inland steam-vessel shall anchor in such a position or in such manner, as to offer obstruction to any navigable channel within the port. ### 48. Restriction on movement. - No inland steam-vessel shall proceed alongside any sea-going vessel for any purpose while International Code Flag "A" is flying on the triatic stay of the latter. ### 48A. Regulation of routes. - Every inland steam-vessel passing under the Willingdon Bridge at Bally shall, when proceeding from North to South pass between piers Nos, 2 and 3, when proceeding from South to North, between piers Nos. 3 and 4. ### 49. Prohibited anchorage. - No inland steam-vessel shall anchor (a) in Garden Reach between the Lower College Sand buoy and the Upper Panchapara Flat buoy; or (b) in Budge Budge Reach between the Fort Gloster buoy and the southern boundary pillars of the Port of Calcuatta; (c) in the area Cossipore to Bally-between a line drawn north of Pran Nath Roy Chowdhuri's Ghat to a point 250 feet' north of Chuni Mull Khettri's Ghat on the right bank and a line drawn from the north end of the Cossipore Gun and Shell Factory on the left bank to a point 700 feet' south of Gardener's House on the right bank; (d) in the area Khardah to Barrackpore-between a line drawn 950 feet' north of Jagannath Ghat to a point 125 feet' north of a ghat at Titaghur Jute Mill on the left bank and a line drawn 700 feet' south of Jagannath Ghat on the right bank to a point 300 feet' north of the northern jetty of the Khardah Jute Mill on the left bank; (e) in the area Ichapur to Shamnagar-between a line drawn 350 feet' south of Durgamoni Ghat on the right bank to a point 1,200 feet' north of Shastitola Ghat on the left bank and a line drawn 350 feet' north of Cherbindi Ghat on the right bank to a point 850 feet' north of Harish Basu's Ghat, Shamnagar, on the left bank. ### 50. Free passages. - Every inland steam-vessel, at anchor or under way, shall at all times afford free passages of sufficient width to piers, jetties, landing places, wharves, quays, docks and moorings. ### 51. Navigation rules. - Inland steam-vessels navigating the River Hooghly navigate at all times as follows. (a) between kidderpore Docks and Netaji Subhas Dock, on the edge of College Sand: Provided that no inland steam-vessel with a flat or flats in two when coming up on the flood tide between sunset and sunrise shall proceed above Subhas Dock until the ebb tide has made; (b) between Netaji Subhas Dock and Rajabagan Ferry Station, either close to the right bank or to the outer line of moorings close to the left bank of the River: Provided that every inland steam-vessel other than a stern wheeler, launch, tug or ferry steamer which has no other craft in tow shall when sea-going vessels are under way and about to turn either on the flood or ebb tide heave to on the College Sand if she is above the sea-going vessels and of the Union South Jute Mill if she is below them until such time as the sea-going vessels have completed the manoeuvre of turning round; (c) between Rajabagan Ferry Station and Akra Semaphore, on the edge of Sankral Sand; (d) between Akra Semaphore and Pair Serang Shrine, on the edge of Munikhali Sand; (e) between Pir Serang Shrine and the north end of Budge Budge, on the edge of Koffri Sand; (f) between the north of Budge Budge and the Premchand Jute Mill, near the right bank of the River and the edge of Budge Budge Sand: Provided that between Fort Gloster Flat Buoy and the Lothian Jute Mill no inland steam-vessel other than a stern wheeler, launch, tug or ferry steamer which has no other craft in tow shall navigate the channel when sea-going vessels are turning or about to turn on either the flood or ebb tide; (g) between the Premchand Jute Mill and the upper end of Moyapur Bar, on the edge of Achipur Sand; (h) on Moyapur Bar, the Shallow tracks; (i) in Royapur Reach, on the edge of Royapur Sand; (j) in Royapur Bar, the shallow tracks; (k) in Brul Reach, on the edge of Brul Sand; (I) in Fisherman's and Fulta Reaches on the edge of Fulta Sand; (m) in Ninan Reach, on the edge of Shipgunge Sand; (n) in Nurpur Reach and in the vicinity of the James and Mary, the Western Gut: Provided that between the 15th August and 1st December they may navigate the Eastern Gut during the ebb tide; (o) from Hooghly Point to Hospital Point, the left bank of the River over Hooghly Sand; (p) from Hospital Point to the Silver Tree Point, the left bank of the River. ### 52. From Howrah Bridge down to and including Luff Point inland steam-vessels crossing or intending to cross from one side of the navigable channel to the other, shall not obstruct the passage of, or cause risk of collision with, any sea-going vessel which is using the crossing at the time, but shall slacken speed, stop or reverse and if necessary, turn round. ### 53. Restriction on speed. - Between Howrah Bridge and Garden House inland steam-vessels shall at all times proceed at a moderate speed: Provided that the Commissioners may by special direction exempt ferry steamers from the observance of this rule. ### 54. Unmooring during freshets. - Inland steam-vessels lying above Howrah Bridge shall not haul out of moorings from 15th June to 31st October during the last quarter of the ebb. ### 55. Storm signals. When a storm signal is hoisted on the flagstaff at the Commissioners' Office, Koilaghat Street, the flagstaff on the clock tower at the entrance to Kidderpore Docks and the flagstaff on the Assistant Harbour Master's house at Budge Budge or other authorised position in the port the masters of all inland steam-vessel shall immediately take every precaution in their power to make their vessels snug and secure. ### 55A. Inland vessels and bores. - No inland steam-vessel shall lie alongside a floating pontoon while a bore is making. Any inland steam-vessel lying alongside a floating pontoon when a bore is due, shall cast off and lie in the stream till the bore has passed, when it may, if so required, proceed alongside again. ### 56. Crews for vessels. Every inland steam-vessel shall have on board a sufficient number of crew to perform any duties which may become necessary for her safety or movement in any emergency. ### 57. Prescribed lights. - Every inland 'steam-vessel shall exhibit the lights prescribed in the rules made under the Inland Steam-Vessels Act, 1917 ( 1 of 1917 ). ### 58. Searchlights. - Inland steam-vessels are permitted to use search-lights for navigational purposes: Provided that no searchlight shall in any circumstances be directed so as to interfere with the navigation of any vessel under way. ### 59. Fire appliances. - Every inland steam-vessel shall carry the fire appliances prescribed in the rules made under the Inland Steam-Vessels Act, 1917 ( 1 of 1917 ). Part IV – Rules For Flats And Boats ------------------------------------- Flats and Boats ### 60. Comprehensive rule. - The provisions of rules 9, 10, 11, 24 and 37 shall apply in relation to flats or boats as they apply in relation to sea-going vessels; and the provisions of rules 45,46,47,48 clauses (c) , (d), (e) of rule 49, and rules 50,55 and 55A shall apply in relation to flats or boats as they apply in relation to inland steam-vessels. ### 61. Boat registration and licensing. - No flat or boat shall ply whether regularly or occasionally, within, or partly within and partly without, the port, unless it has been registered and licensed on payment of the fees prescribed by the Commissioners whose Boat Surveyor shall at the time of registration brand on the flat or boat her registered number and tonnage : Provided that no flat or boat required to be registered under the Registration of Barges Rules, 1952, shall be registered and licensed by the Commissioners, unless such flat or boat has been registered by the Registering Authority, Government of West Bengal and has had her registered number branded according to the provisions of the said Registration of Barges Rules, 1952, and no number shall be branded on such flat or boat by the Commissioners' Boat Surveyor. ### 62. Application for registration. - Every application for the registration of a flat or boat shall be made in writing to the Commissioners' Boat Surveyor in Form D of the Schedule and shall contain the following particulars : (a) the owner's name and address, or (b) the name and address of his duly authorised agent in Calcutta; (c) a description of the flat or boat, and (d) nature of license, cargo or passenger, held or required, ### 63. Method of registration. - Every flat or boat requiring registration shall, if a flat, be placed at a convenient mooring or, of a boat be sent to the special licensing buoys at Sibpore for measurement under rule 65 by the Commissioners' Boat Surveyor who shall enter in a register, to be kept by him, the particulars mentioned in rule 62, together with all relevant measurements taken under rule 65: Provided that any flat may, on payment of the prescribed fees, be surveyed at the owner's workshops. ### 64. Cancellation of registration. - The registered number of a flat or boat shall remain in force as an identification number throughout the whole working life of the flat or boat unless (a) the flat or boat remains unlicensed for a period of 3 years; (b) the flat or boat is condemned by the Commissioners' Boat Surveyor as unfit for further service; (c) the number branded on the flat or boat becomes obliterated and cannot otherwise be traced, and (d) the dimensions of the flat or boat are altered. ### 65. Method of measurement. - Every flat or boat shall for the purpose of these rules be measured (i) for Cubic Capacity by the formula Lx Bx Dx K= Cubic Capacity where L is the length in metres measured from the inside of the stem post to the inside of the stern post : B is the greatest breadth in metres measured from side to side inside the ceiling planks or inside the frames whichever measurement is less; D is the greatest depth in metres measured from a line extended from side to side across the uppermost continuous strakes to the upper side of the floor ceiling plank or to the upper side of the floor whichever measurement is less; K is constant dependent on the type of flat or boat and taken from the following table- Class I (a) Flush decked, square built and open boats and flats-K=0.9 (b) Bazar boats where the brake forward and aft does not exceed 23 cros- K=0.8 (c) Bazar boats where the brake forward and aft exceeds 23 cros-K=0.7. Class II - Open country boats known as (a) Jolly boats or powcoes-K=0.9 (b) Hollahax-K=0.83 (c) Bhurs and pensways-K=0.8 (d) Dinghees, Bowleahs and Green boats-K=.064 (e) Chotes-K=0.63: Provided that (i) for straw boats Capacity Cubic Capacity shall be measured by the same formula in which L and K are taken as above, and B is the breadth in metres measured inside the ceiling planks or inside the frames, whichever measurement is the less, under the deck beam amidships. D is the depth in metres measured from the underside of the deck beam amidships to the upper side of the floor ceiling planks or to the upper side of the keelson whichever measurement is the less; (ii) For Freeboard (a) by taking, if it is a decked or open flat or boat of iron and steel, the figure in the column headed "Fl" or "F2" as the case may be corresponding to the depth of the vessel (D) in accordance with the following table, the correction (C) being applied where the length (L) does not correspond with the depth. | | | | | | | --- | --- | --- | --- | --- | | D | I | F1 | F2 | C | | m | m | cm | cm | cm | | 1.68 | 16.76 | 22 | 30 | 1.905 | | 1.83 | 18.29 | 24 | 32 | 1.905 | | 1.98 | 19.81 | 27 | 36 | 1.905 | | 2.13 | 21.34 | 29 | 39 | 1.905 | | 2.29 | 22.86 | 32 | 43 | 1.905 | | 2.44 | 24.38 | 35 | 46 | 1.905 | | 2.59 | 25.91 | 37 | 49 | 2.223 | | 2.74 | 27.43 | 40 | 53 | 2.223 | | 2.90 | 28.96 | 42 | 56 | 2.223 | | 3.05 | 30.48 | 45 | 59 | 2.223 | | 3.20 | 32.00 | 47 | 63 | 2.223 | | 3.35 | 33.53 | 50 | 66 | 2.223 | | 3.51 | 35.05 | 53 | 71 | 2.540 | | 3.66 | 36.58 | 57 | 76 | 2.540 | | 3.81 | 38.10 | 60 | 80 | 2.540 | | 3.96 | 39.62 | 64 | 84 | 2.540 | | 4.11 | 41.15 | 68 | 90 | 2.540 | | 4.27 | 42.67 | 70 | 93 | 2.540 | D=Detph, L=Length, F1=Freeboard for decked flats or boats of iron or steel, F2=Freeboard for open flats or boats or iron or steel, C=Correction to be applied to the freeboard for every 3.05 metres difference in length, (b) by taking if it is wooden boat either square built or country built, or a composite built boat, 8 cms, for every 30 cms. depth of hold, as measured under clause (i) above. (iii) for passengers by dividing the superficial area in square metre of the deck space available for passengers by 0.5574 and counting, if carried, two children below the age of 12 years or 74.64 kgs. weight of luggage as the equivalent of one passenger: Provided that for boats belonging to private firms or companies and used exclusively for the conveyance of their employees, the diviser shall be 0.3716 instead of 0.5574, (iv) for passengers and Cargo under clauses (i) and (ii) above. ### 66. Application for license. - Every application for license for a flat or boat shall be made in writing to the Commissioners' Boat Surveyor in Form E of the Schedule and shall contain the following particulars (a) the owner's name and address, or (b) the name and address of his duly authorised agent in Calcutta, (c) a description of the flat or boat, (d) the registered number branded on the flat or boat by the Commissioners' Boat Surveyor, or the registered number marked according to the provisions of the Registration of Barges Rules, 1952, and (e) the name of the Manjhi in charge of the flat or boat. ### 67. Method of licensing. - Every flat or boat requiring a license shall, if a flat, be placed at a convenient mooring or, if a boat, be sent to the special licensing buoy at Sibpore for survey by the Commissioner's Boat Surveyor who, on payment of the prescribed fees, shall (a) issue a license, if the flat or boat is found to be in good order and suitable for the purpose for which it is intended; or (b) indicate, if the flat or boat is not in good order, the repairs or alterations necessary before a license can be granted : Provided that any flat or boat may, on payment of the prescribed fees, be surveyed at the owner's workshops. Every flat or boat so licensed other than a flat or boat required to be registered under the Registration of Barges Rules, 1952, shall have her registered number in figures not less than 15 cms. high painted on both bows by the Commissioners' Boat Surveyor. ### 68. Manjhi's license. - No flat or boat shall be allowed to ply within the port unless it is in charge of a Manjhi licensed by the Commissioners. The Manjhi's license which is not transferable, shall ordinarily be issued at the same time as the flat or boat license. A Manjhi newly placed in charge of a flat or boat shall himself apply for a license to the Commissioners' Boat Surveyor and shall produce the license of the flat or boat in which his name shall be entered by the said Surveyor. ### 69. Cargo boat crew. (1) Every flat or cargo boat plying in the port shall carry (a) an approved life buoy or a suitable approved substitute with a suitable life line attached to it of size not less than 1 inch's in circumference and 10 fathoms in length; (b) when under way when in tow or when waiting outside the entrance to the Kidderpore or Netaji Subhas Docks, the crew laid down in sub-rule (2). (c) when waiting empty at moorings laid for sea-going vessels, the crew laid down in sub-rule (2); (d) when laid up above Willingdon Bridge, one watchman only. (2) The crew for a flat or cargo boat | | | | --- | --- | | (i) not exceeding 10 registered metric tonnes (i.e. up to 29 cu. mts.) shall be-2 Dandess | 1 Manjhi; | | (ii) exceeding 10 registered metric tonnes but not exceeding 56 registered metric tonnes (i.e. from 30 cu. mts. to 157 cu. mts.) shall be-3 Dandees | 1 Manjhi; | | (iii) exceeding 56 registered metric tonnes but not exceeding 81 registered metric tonnes (i.e. from 158 cu. mts. to 277 cu. mts) shall be--4 Dandees | 1 Manjhi; | | (iv) exceeding 81 registered metric tonnes (but not exceeding 102 registered mts)-metric tonnes (i.e.from 228 cu. mts. to 284 mts) shall be-5 Dandees | 1 Manjhi; | | (v) exceeding 102 registered metric tonnes (i.e.from 285 cu. mts.)-6 Dandees | 1 Manjhi; | ### 70. Passenger boat crew. - Every passenger boat plying in the port shall carry- (a) not less than two approved life-buoys or suitable approved substitutes with suitable life lines attached to them not less than 1 inch' in circumstances and 10 fathoms in length, and if she is licensed to carry more than 40 passengers, one additional approved life-buoy or a suitable with a suitable life line attached to it for every additional twenty passengers or part thereof; | | | | --- | --- | | (b) when under way or plying for hire, if she is licensed for not more than 10 passengers, a crew of | 2 Dandees 1 Manjhi; | | not more than 15 passengers, a crew of | 3 Dandees 1 Manjhi; | | not more than 20 passengers, a crew of | 4 Dandees 1 Manjhi; | | not more than 25 passengers, a crew of | 5 Dandees 1 Manjhi; | | not more than 30 passengers, a crew of | 6 Dandees 1 Manjhi; | | not more than 35 passengers, a crew of | 7 Dandees 1 Manjhi; | | (c) when laid up for the night or when lying at anchor if she is licensed for | | not more than 15 passengers, a crew of | 1 man | | not more than 20 passengers, a crew of | 2 men | | not more than 30 passengers, a crew of | 3 men | | more than 30 passengers, a crew of | 4 men | ### 71. Load line. - Every flat or boat exceeding the registered measurement of 28 cu, mts. shall have her load line, which shall at not time be submerged, indicated by a conspicuous mark cut into the hull and painted white on dark ground. This mark shall be made by the Commissioners' Boat Surveyor at the time of registration. ### 72. Exhibition of passenger plate. - Every boat licensed to carry passengers shall exhibit a passenger plate on which shall be shown in English and Bengali the registered number of the boat, the license number, the number of passengers she is authorised to carry and the number or her crew. ### 73. Inspection of licenses. - Every manjhi in charge of a flat or boat plying in the port shall carry his own license and the license of his flat or boat, each of which shall be produced whenever it is required by the Port Police of by an officer duly authorised by the Commissioners. The license of a passenger boat shall also be produced for inspection at the request of any passenger. ### 74. Duration of licenses. - Every license granted under these rules shall continue in force for one year from the date on which it is granted unless it is duly revoked. Every expired or revoked license shall be surrendered to the Boat Surveyor without delay. ### 75. Extension of license. - An extension of license may be granted for a period not exceeding 3 months at a rate of one-sixth of the annual license fee per month or part of a month : Provided that no such extension shall be granted until the flat or boat has been surveyed and found to be in good order and suitable for the purpose for which it is intended. Notwithstanding anything contained in this rule, an extension of license for a period not exceeding three months may be granted without a survey in case of a boat held up outside the Port of Calcutta and its navigable river and channels. ### 75A. Renewal or extension of license under certain circumstances. (1) The owners of boats and flats plying within the Port shall be responsible for renewal or extension of licenses, granted for such vessels, immediately on the expiry of such licences unless the vessels are completely laid up or cease to ply in the Port-at that time. When the boats or flats are not actually plying at the time of renewal or extension of licences, the owners shall inform the Commissioners' Superintendent, Boat Registration within a week therefrom. (2) Failure to comply with the provisions of sub-rule (1) shall, without prejudice to the other rights of the Commissioners, render the owner liable to be charged license fee from the date of expiry of the license at such enhanced rate as may be laid down by the Commissioners not exceeding three hundred rupees per licence. ### 76. Refusal of license. - The Commissioners may in their discretion refuse any application for the issue or extention of a license. ### 77. Re-measurement. - The owner or agent of a flat or boat which has been altered in dimensions during the currency of its license shall at once send it to the Commissioners' Boat Surveyor for re-measurement. ### 78. Re-survey. - The Commissioners may at any time direct a licensed flat or boat to be re-surveyed, without charge to the owner. ### 79. Transfer of ownership. - Every transfer of ownership shall be duly notified to the Commissioners' Boat Surveyor by a letter accompanied by the boat license, the instrument of transfer, and the certificate of registry on which the said Surveyor will make a suitable endorsement. Before making such endorsement, the Boat Surveyor shall satisfy himself that all charges due to the Commissioners have been paid and if he finds that any such charge is outstanding, he shall refuse to make the endorsement until all the charges have been paid and a full discharge, therefore, is produce before him. ### 80. Loss of boat. - If a flat or boat is broken up or lost, the owner or agent shall, without delay, return the Certificate of Registry to the boat Surveyor for cancellation. ### 81. Unlicensed boat with cargo. - Every flat or boat arriving in the Port of Calcutta without a license or with a license which has expired and wishing to discharge cargo shall at once apply for an unloading permit at the nearest Inland Vessels Wharves Toll Office and deposit with the Cashier in charge the sum of rupees eighty, the maximum license fee payable for one year. Any flat or boat discharging cargo under this rule shall, within 15 days of the date of entering the Port, or if a straw boat, within 30 days, proceed for survey and license to the licensing buoy at Sibpore. Any balance of the deposit remaining after payment of the prescribed fees for licensing shall be refunded to the party concerned. ### 82. Carriage of passengers. - No person in charge of a licensed passenger boat plying for hire in the port shall, without good reason, refuse to carry in such boat a passenger tendering the proper hire. ### 83. Rates of hire. - Passenger boats plying for hire shall not charge rates of hire exceeding those given below | | | | | --- | --- | --- | | | Per head | Per boat | | TRIP | Passengers embarking between 6 A.M. and 6 P.M. | Passengers embarking between 6 PA.M. and 6 A.M. | If the voyage begins between 6 A.M. and 6 P.M. | If the voyage begins between 6 P.M. and 6 A.M. | | | R.P. | R.P. | R.P. | R.P. | | Between Ahiritola Ghat and Salkia Ghat | 0.07 | 0.13 | 0.50 | 0.75 | | Between Chandpal Ghat and Telkul Ghat or Ramkrishtopore | 0.07 | 0.13 | 0.75 | 1.00 | | Between Chandpal Ghat and Matiabruz Bichali Ghat | 0.25 | 0.50 | 2.50 | 3.50 | | Between Chandpal Ghat and Rajganj | 0.25 | 0.50 | 2.50 | 3.50 | | Between Chandpal Ghat and Shibpur Flat | 0.10 | 0.13 | 1.00 | 1.50 | | Between Jugannath Ghat or Armenian Chat and Howrah shore | 0.13 | 0.13 | 0.75 | 0.75 | | Between steamers in moorings and shore | Rs. 2 with baggage, 50 p. without baggage both on first arrival of vessel; 13 p. subsequently. | | | | Between flats and shore | 0.07 | 0.07 | | | A copy of the above scale of charges shall be exhibited on board such boats in a onspicuous place so that it can be easily inspected by any passenger desiring to do so. ### 84. Boats to be under control. - All boats under way within the port shall themselves have sufficient control or shall be in tow of a vessel of sufficient power so that they are able to keep free the navigable channel required by sea-going vessels. ### 85. Clearance area for sea-going vessels. - The navigable channel between the Lower College Sand Buoy and the Upper Panchpara Flat Buoy and between the Fort Gloster Flat Buoy and the southern boundary pillars of the Port of Calcutta shall, at all times, be kept clear for the manoeuvring of sea-going vessels. Boats may lie ashore on the right bank in Garden Reach but they shall not place or have, any anchors or mooring tackle in the stream. ### 86. Navigation rules. (1) Flats or boats within the port shall, at all times, navigate as follows : (a) between Kidderpore Docks and Netaji Subhas Dock, between the right (b) between Nataji Subhas Dock and Rajabagan Ferry Station, close either to the right bank or to the outer line of mooring buoys on the left bank of the river. (c) between Rajabagan Ferry Station and Akra Semaphore, on the edge of Sankral Sand; (d) between Akra Semaphore and Pir Serang Shrine on the edge of Munikhali Sand; (e) between Pir Serang Shrine and north end of Budge Budge, on the edge bank of the river and the line of buoys marking the edge of College Sand; (f) between the north end of Budge Budge and the southern boundary of the port, on the right bank of the river. (2) From Howrah Bridge down to and including Luff Point every flat or boat navigating near a crossing shall proceed with caution and, if necessary, anchor outside the navigable channel so that sea-going vessels may pass clear. ### 87. Restriction on small craft coming alongside sea-going vessels. - No small craft shall proceed alongside any sea-going vessel entering moorings or proceeding to a jetty berth, during the day, International Code Flag 'A' is flying at the triadic stay of the vessel, or, when at night, two lights are exhibited vertically, that is a red light a white light six feet' apart visible all round the horizon. ### 88. Cargo boats alongside sea-going vessels in moorings. - The maximum number of cargo boats permitted to lie abreast of each other on the outside of vessels in the outer berth of the under noted moorings shall be | | | | --- | --- | | In No. 5 Calcutta | Moorings,1 flat or 2 boats. | | In No. 4 Calcutta | Moorings, 1 flat or 3 boats. | | In No. 3 Calcutta | Moorings, 1 flat or 3 boats. | | In No. 2 Calcutta | Moorings, 1 flat or 2 boats. | | In No. 1 Calcutta | Moorings, 1 flat or 2 boats. | | In No. 4 Esplanade | Moorings, 1 flat or 4 boats. | | In No. 3 Esplanade | Moorings, 1 flat or 4 boats. | | In No. 2 Esplanade | Moorings, 1 flat or 5 boats. | | In No. 1 Esplanade | Moorings, 1 flat or 5 boats. | | In No. 2 Princeps | Moorings, 1 flat or 4 boats. | | In No. 1 Princeps | Moorings, 1 flat or 4 boats. | | In No. 4 Hastings | Moorings, 1 flat or 5 boats. | | In No. 3 Hastings | Moorings, 1 flat or 5 boats. | | In No. 2 Hastings | Moorings, 1 flat or 5 boats. | | In No. 10 Garden Reach | Moorings, 1 flat or 5 boats. | | In Garden Reach Jetties | Moorings, 1 flat or 5 boats. | ### 89. I.V. Wharves. - No flat or boat shall lie at or alongside the Inland Vessels Wharves, that is to say, at or alongside any wharf notified under the provisions of the Calcutta Port Act, 1890 (Bengal Act III of 1890) for the receiving, landing or shipment of goods out of, or into, any vessel, not being a sea-going vessel, except when such flat or boat is so landing or shipping goods. ### 90. Fishing boats. - Fishing boats shall observe all the rules applicable to boats: Provided that between day-break and dark no fishing boats may be moored in the navigable channel between the south end of Uluberia Reach and Fulta Point. ### 91. Exhibition of lights. - Every boat whether at anchor or under way shall between dark and day-break exhibit at a height of at least 1.83 metres above the deck a white light in a weather proof lantern so constructed as to give an uniform and unbroken light of sufficient power to be visible all round the horizon at a distance of at least 1.61 kms. ### 92. Every dumb barge, lighter or flat in tow of a sea-going vessel in the port- (a) shall, if in tow alongside, exhibit in a properly constructed lantern on the outer edge of the vessel and at a height of not less than 91 cms. above any obstruction on deck, a white light, clear, uniform and unbroken which shall be visible all round the horizon at a distance of at least 3.22 kms; (b) shall, if in tow astern, exhibit a similar white light at the after end at a height of not less than 1.83 metres above the deck. ### 93. Fire-places. - No fire shall be lighted in a flat or boat except in a properly constructed iron caboose or fire-place which shall be kept on deck or in such other part of the flat or boat as the Commissioners' Boat Surveyor may direct. ### 94. Lost property. - When property belonging to any passengers is left in a boat it shall at once be sent by the person in charge of the boat to the Deputy Commissioner, Port Police. ### 95. Reporting accidents. - Whenever any accident occurs to a flat or boat, the owner, agent or person in charge of such flat or boat shall at once proceed to the nearest Port Police Station and report to the officer in charge, the circumstances connected with the accident. ### 95A. Issue of certificates. (1) The owner, agent or person in charge of the flat or boat shall, after complying with the provisions of rule 95, submit a report in writing to the Commissioners' Superintendent, Boat Registration (hereinafter called the Superintendent), along with the licence of the flat or boat stating the nature of the accident and the details of the repairs required to be carried out. (2) On receipt of the report, the Superintended shall cause the fault or boat to be examined and specify in writing the repairs to be carried out. (3) After the repairs so specified under sub-rule (2) have been duly carried out, the flat or boat shall be placed again before the Superintendent. (4) On being satisfied about the repairs, the Superintendent shall issue a certificate in writing to that effect [enclosing the licence of the flat or boat referred for in sub-rule (1)] on the basis of which alone the flat or boat may be allowed to ply in the river. ### 96. Owner or Manjhi's responsibilities. - Without affecting his other responsibilities under these rules, the owner or the person in charge of any boat shall, in particular, be responsible (a) that the boat is provided with the number of crew and life-saving appliances required by these rules; (b) that the boat is kept thoroughly clean; (c) that the registered number is kept clearly painted on both sides in the manner prescribed by these rules; (d) that valid licenses are carried both for the boat and the manjhi; (e) that the gear, tackle and life saving appliances specified in the license are provided and maintained in good working order; (f) that the load line is clearly marked and at no time submerged; (g) that the boat, if carrying passengers does not contain any person in excess of the number for which it is licensed; (h) that the boat is, at all times, moved so as to keep a free navigable channel for sea-going vessels. ### 97. Revocation of license. - A license granted to any flat or boat may be revoked (a) if the dues or charges payable to the Commissioner on any account whatsoever, in respect of or in any way connected with the flat or boat, remains unpaid for a period of three weeks from the date of demand thereof; (b) whenever the flat or boat is in the opinion of the Commissioners unfit for the purpose for which it is licensed; (c) whenever any breach of the conditions of the license or of these rules has been committed by the owner or his agent or by the manjhi in charge of the flat or boat; (d) whenever the Commissioners may think fit. Part V – Rules For Vessels Carrying Petroleum ----------------------------------------------- Petroleum ### 98. Definitions. - In this part unless there is anything repugnant in the subject or context (a) "Petroleum" means any liquid hydrocarbon or mixture of hydrocarbons, and any inflammable mixture (liquid, viscous or solid) containing any liquid hydrocarbon; (b) "dangerous petroleum" means petroleum having its flashing-point below 24.4° C (or 76F); (c) "heavy petroleum" means petroleum which has its flashing-point not below 65.5°C (or 150F); (d) "petroleum in bulk" means petroleum contained in a receptacle exceeding 909.192 litres in capacity; (e) "non-dangerous petroleum" means petroleum having its flashing-point below 65.5 °C (or 150 °F) but not below 24.4 °C (or 76 °F); (f) "excluded petroleum" means petroleum having its flashing-point not below 93.3 °C (or 200 °F) to which these rules do not apply; (g) "flashing point" of any petroleum means the lowest temperature at which it yields a vapour which will give a momentary flash when ignited, detemined in accordance with the provisions of Chapter II of the Petroleum Act, 1934 ( 30 of 1934 ) and the rules made thereunder ; (h) "gas-free certificate" means a certificate granted by an officer appointed by the Central Government in this behalf to the effect that a vessel has been thoroughly cleaned and freed from petroleum and inflammable vapour; (i) "petroleum vessel" means any vessel carrying more than 2,500 litres or 2 metric tonnes of dangerous, or 50,000 litres or 40 metric tonnes of non-dangerous, petroleum, or any other substance having the same flash point as that of dangerous or non-dangerous petroleum; (j) "bulk oil vessel" means a petroleum vessel with petroleum in bulk; (h) "case oil vessel" means a petroleum vessel with petroleum in cases, casks, drums or other receptacles; (k) "discharged vessel" means a petroleum vessel which has completed the discharge of her petroleum; (1) "to transport" means to move petroleum from one place to another within the port. ### 99. Regulation of petroleum vessels. - No petroleum vessel shall proceed above the anchorage at Diamond Harbour until she has been allotted a berth in the Port of Calcutta. ### 100. Restriction on movement. - No petroleum vessel shall proceed above Budge Budge with (a) dangerous petroleum; (b) non-dangerous petroleum which is not intended for discharge at the petroleum berth in Netaji Subhas Dock : Provided that this rule shall apply to- (i) a recognised wagon ferry; (ii) a vessel licensed under rule 113 following a route approved by the Director, Marine Department; (iii) a vessel proceeding into dry dock in accordance with rule 118. ### 100A. Declaration by Master of ships carrying petroleum or by the ship's Agent. (1) The Master of every ship carrying petroleum or any other substance having flash-point below 66.5°C (or 150°F) shall deliver to the Pilot before entering the Port of Calcutta a written declaration in Form 'F' of the Schedule under his signature: Provided that if in anticipation of ship's arrival the Agent for such ship delivers to the Director, Marine Department of the Port, a written declaration as aforesaid under his signature, no such declaration need be made by the Master of the Ship. [(2) The Agents shall furnish a list of all hazardous cargo with full particulars to the Director, Marine Department and Traffic Manager. The Master shall be responsible for compliance with all rules, regulations and instructions issued by them: Provided that when circumstances warrant, the Director, Marine Department, may relax the quantities that may be brought for discharge at the Docks and Jetties at Calcutta up to a maximum as follows Dangerous petroleum or other substances having a flash-point below 24.4 °C (or 76 °F)-5 Tonnes. Non dangerous petroleum or other substances having a flash-point below 65.5 °C (or 150 °F)-100 Tonnes. ### 101. Attendance of tug. - No petroleum vessel with non-dangerous petroleum and no discharged vessel without a gas-free certificate for all tanks shall be transported between Garden Reach and Netaji Subhas Docks unless she has a tug in attendance. ### 102. Discharge of petroleum in bulk. - Petroleum vessels shall discharge petroleum in bulk direct into tanks at the Petroleum Depot, Budge Budge, on behalf of importers who have installations at Budge Budge, or non-dangerous petroleum or heavy petroleum in bulk at the Petroleum Berth, Netaji Subhas Dock, on behalf of importers who have installations at Netaji Subhas Dock or heavy petroleum in bulk at the Petroleum Berth, Kidderpore Docks, on behalf or importers who have installations at Kiderpore Docks. ### 103. Discharge of case oil vessels. - Every case oil vessel shall discharge her petroleum at Budge Budge, but no such vessel shall begin her discharge until the Director, Marine Department is satisfied that (a) the Collector of Customs has permitted her petroleum to be landed; (b) proper arrangements have been made for the disposal of leaky casks, drums or other receptacles; (c) the receptacles satisfy the requirements of rule 17(2) of the Petroleum Rules, 1937. ### 104. (1) No case oil vessel shall discharge under the foregoing rules any petroleum into a lighter unless such lighter is capable of being cleared and unloaded into a storage shed at Budge Budge between sunrise and sunset : Provided that every such lighter shall be duly licensed for this purpose by the Commissioner's Boat Surveyor; Provided further that no lighter loaded with petroleum shall be detained overnight at Budge unless specific permission in writing to that effect is first had and obtained from the Director, Marine Department. (2) The provisions of this rule shall also apply in relation to all inflammable cargo with or without liquid hydro-carbon. ### 104A. No fire or naked light and no smoking shall be allowed on any boat carrying petroleum in cases, drums or other receptacles. ### 105. Inadequate facilities for discharge. -If the Collector of Customs at any time declare that the accommodation for the discharge of petroleum by any petroleum vessel is unsuitable, the Director, Marine Department may direct that the vessel be removed to Diamond Harbour or elsewhere within the Port. ### 106. Discharging under own steam. - No petroleum vessel shall without the permission in writing of the Director, Marine Department, discharge dangerous or non-dangerous petroleum in bulk with steam generated in her own boilers ### 107. Petroleum in small quantity. - A vessel, carrying otherwise than in bulk a quantity of dangerous petroleum not exceeding 2 tonnes (2,500 litres) or non-dangerous petroleum not exceeding 40 tonnes (50,000 litres) may land it at the docks or jetties under the following conditions : (1) that dangerous petroleum is covered by an import licence granted under the Petroleum Rules, 1937; (2) (a) that each consignee who imports dangerous petroleum in quantity exceeding 272 : 758 litres produces a certificate of storage accommodation in Form 'C' of the Petroleum Rules, 1937, signed by him or his agent, and (b) provided that quantities not exceeding 2 tonnes (2,500 litres) of dangerous petroleum or quantities not exceeding 40 tonnes (50,000 litres) of non-dangerous petroleum may be discharged into lighters or boats with the previous approval of the Director, Marine Department subject to the compliance of the conditions specified in clause (i) and sub-clause (b) and that the petroleum is not unloaded from boats or lighters at the following ghats, namely : (i) on the Howrah side-Bechali Ghat, north of Cowie's Ghat Spur, or (ii) on the Calcutta side-Juger-nath Ghat, Sahib Bazar Ghat, Rutholla Ghat or Baghbazar Ghat : Provided further that heavy petroleum otherwise than in bulk may be landed in any quantity at the docks or jetties or discharged overside into boats, lighters under the conditions specified in sub-Cls. (a) and (b) of Cl. (2). ### 108. Cleaning. - Every discharged vessel, shall, unless she is proceeding direct to sea move, without delay to appointed moorings at which she shall, subject to any direction of the Harbour Master (Port) , remain until she is cleaned and freed from petroleum and inflammable vapour : Provided that the harbour Master (Port) may, if he is satisfied that due precautions have been taken to prevent the discharge of oil, oily water or refuse on to a wharf or into a dock or stream, permit her to perform her cleaning operations alongside the berth at which she has discharged. ### 109. Precautions in Netaji Subhas Dock. - Every vessel discharging non-dangerous petroleum in Netaji Subhas Dock shall carry at each end a 4 inch wire pendant fitted at either end with an eye. The inboard end of the wire shall be placed on the nearest available bits and the outboard end shall hang within reach of the water. The length of each pendant shall be 15 fathoms and the bight shall be lightly stopped to the rails. ### 110. Bunkering with petroleum. - No vessel shall bunker with petroleum from any boat or barge between sunset and sunrise. Between sunrise and sunset bunkering of vessels with petroleum from any boat or barge will be permitted (a) at moorings in the stream, (b) at the jetties, and (c) in the Docks, if the Dock Master is satisfied that the flashing-point of the petroleum is not below 150 °F.1 ### 111. Precautions during Bunkering. - Every vessel loading petroleum for bunkers shall observe the following conditions : (a) The Master or 1st Mate of the vessel shall be on board and shall be responsible for ensuring that bunkering rules rate observed and that all reasonable precautions for safety are taken. (b) An officer of the vessel shall be on watch and an attendant shall be stationed at the flexible connecting pipe. (c) No smoking, cooking naked lights or forges shall be allowed within 30-48 metres of the flexible and inlet pipes. (d) A suitable gutter or other contrivance shall be placed under the connecting pipe to prevent any petroleum dripping into the river or dock. (e) An attendant shall always be on duty at the pump of the vessel supplying the fuel. ### 112. Craft not allowed alongside. - No inland steam-vessel or small craft shall approach within 30.48 metres of (i) a petroleum vessel bunkering or discharging in bulk; (ii) a discharged vessel until all her openings are closed. ### 113. Certification of boats or barges. - No boat or barge shall transport petroleum in bulk within the port unless she has been licensed by the Commissioners' Boat Surveyor and also licensed by the appropriate authority in accordance with the Petroleum Rules, 1937: Provided that this rule shall not apply to a recognised wagon ferry. ### 114. Restriction on night work. - No vessel shall load, discharge or transport dangerous petroleum within the Port of Calcutta between sunset and sunrise: Provided that his rule shall not apply to bulk oil vessels discharging at Budge Budge in accordance with the provisions of the Petroleum Rules, 1937. ### 115. Transhipment of heavy petroleum. - Any vessel may, with the consent in writing of the Harbour Master, tranship to any other vessel heavy petroleum in bulk. ### 116. Cleaning of boats or barges. - No boat or barge used for the carriage of petroleum shall pump out bilges (a) in the docks. (b) alongside any tug or bulk oil vessel. ### 117. Restrictions on straw boats. - No fires or smoking or naked lights shall be permitted on any vessel carrying straw within 500 ft'. of the high water line of the Budge Budge Petroleum Depot, ### 118. Gas-free certificate for bulk oil vessels entering docks/dry docks. - No bulk oil vessel shall be taken amongst the other shipping unless proceeding to an oil berth (or in the case of a vessel carrying fuel oil only, into dock) until her Master produces a certificate from the Inspector of Explosives or the Assistant Inspector of Explosives, East Circle, Calcutta, that he has examined the tanks with the aid of a vapour testing instrument and that the vessel has been found entirely clear of petroleum and vapour of petroleum and is in a fit state to enter dock. The Masters of all bulk oil vessels proceeding to dry dock shall produce such a certificate. No repair work to pipes, valves, pumps and other fittings of tanks and pump rooms of a petroleum tanker, shall be carried out in the dry dock or in the wet dock unless a certificate to the effect that such fittings are free from dangerous vapour has been obtained from the Inspector of Explosives or the Assistant Inspector of Explosive, East Circle Calcutta : Provided that a bulk oil vessel which has not carried petroleum of flash point below 65.5°C (or 150°F) since her last gas-free certificate was granted and which is entering a dry dock for the purpose of hull painting and examination only, will be admitted into dry dock on a certificate issued by the Master of the vessel stating that the tanks have been properly cleaned out. If after entry into dry dock it should transpire that the vessel requires more extensive repairs, a gas-free certificate shall be produced before such repairs can be undertaken. ### 119. Every bulk oil vessel entering the port with a gas-free certificate shall, before carrying out repairs involving the use of naked lights in any compartment, obtain a further certificate for that compartment. ### 120. Every vessel in the port which uses oil fuel shall, before carrying out any repairs in the bunkers, obtain a gas-free certificate. ### 121. Officers on board. - During the time that any petroleum vessel is in port, a responsible Dock Officer and Engineer Officer shall be on board to carry out and give effect to the provisions of these rules. During the time that a petroleum vessel is loading or discharging or preparing to load or discharge, petroleum, the Master or First Mate and the Chief or Second Engineer shall be on board and shall see that every precaution is taken to ensure the safety of the vessel and her cargo and in particular that the boilers and machinery are maintained in working order so that the vessel may be moved without delay if so required by the Harbour Master (Port) . Schedule ---------- Form A Port of Calcutta I ................................... Chairman of the Commissioners for the Port of Calcutta, do hereby license under rule 19 of the rules for the Port of Calcutta the S.S. /M.V .................................of which...........................................is Master to remain at her present moorings in the said Port having on board the crew specified below: Provided always that on its revocation under rule 20 of the said Rules, or on a breach of any of the conditions hereunder written, this license shall absolutely cease and determine. Conditions of License The vessel must remain at .................or such other moorings within the said Port as are allotted by an officer duly authorised by the Commissioners in that behalf for the period from ..............to .......................The reduced crew must consist ........................... Form B Port of Calcutta I ...........................Chairman of the Commissioners for the Port of Calcutta, do hereby revoke the license in Form A granted to the S.S. /M. V .................................to remain in the said Port with the reduced crew specified in the said license. Form C Port of Calcutta I ....................................Chairman of the Commissioners for the Port of Calcutta, do hereby grant under rule 21 of the Rules for Port of Calcutta a license that S.S. /M.V ............................of which ............................is master, moored in the following creek, river or dock ........................................shall for the period from ...............................to.....................be exempted from the provisions of rule 18 of the said Rules: Provided that during this period she remains in the said creek, river or dock. Form D Application for Registration of each Flat or Boat Owner's name and address ................................................... Agent's name and address .................................................... Description of flat/boat................................................... Nature of license, cargo or passenger, held or required ............................. The undersigned Owner/Agent of the flat/boat above described requested that it may be registered in accordance with rule 26 of the Rules for the Port of Calcutta. Signature of Owner/Agent....................................... . Residence ................................................... Date ......................... Form E Application for License of each Flat or Boat | | | | | | | --- | --- | --- | --- | --- | | Branded No. | Description of boat and class | Tonnage | Number of | Manjhi | | | | | Oars | Crew | Name | Age | Height | | | | | | | | | | Number of Passengers The undersigned Owner/Agent of the flat/boat above described requests that it may be licensed in accordance with the Rules for the Port of Calcutta to ply as a flat/ boat. Date ......................... Signature of Owner/Agent ........................... Residence ............................................... Form F [See rule 100A (1) ] Declaration to be made by the Master of a Ship carrying Petroleum before entering a port or by the Ship's Agents. | | | | | | --- | --- | --- | --- | | Nature of Petroleum | Total quantity carried the ship | Name of the ship in Quantity of Petroleum to be landed in India at (Name of the Port) | Remarks | | (1) | (2) | (3) | (4) | | (a) Dangerous Petroleum which can be used in an internal combustion engine. | | | | | (b) Other substances having flash point below 24.4°C (76°F) | | | | | (c) Substance having flash point between 24.4°C (76°F) and below 65.5°C (150°F) | | | | | | TOTAL | | |

65ba89feab84c7eca86ebf8a

acts

Union of India - Act ---------------------- The Indian Administrative Service (Cadre) Rules, 1954 ------------------------------------------------------- UNION OF INDIA India The Indian Administrative Service (Cadre) Rules, 1954 ======================================================= Rule THE-INDIAN-ADMINISTRATIVE-SERVICE-CADRE-RULES-1954 of 1954 ----------------------------------------------------------------- * Published on 21 February 1966 * Commenced on 21 February 1966 The Indian Administrative Service (Cadre) Rules, 1954 Published vide Notificatin No. 2121 54/54/-A.I.S.(2) , dated 8th Septempber, 1954 In exercise of the powers conferred by sub-section 1 of Section 3 of the All India Services Act, 1951 (LXI of 1951), the Central Government, after consultation with the Governments of the States concerned, hereby makes the following rules namely:- ### 1. Short title. - These rules may be called the Indian Administrative Service (Cadre) Rules, 1954. ### 2. Definitions. - In these rules, unless the context otherwise requires - (a) 'Cadre officer' means a member of the Indian Administrative Service; (b) [ 'Cadre post' means any of the post specified under item I of each cadre in schedule to the Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955.] [Substituted vide MHA Notification No.14/3/65-AIS(III) -A, dated 05.04.1966.] (c) 'State' means [a State specified in the First Schedule to the constitution and includes a Union Territory.] [Substituted with effect from 1-11-1956 vide MHA Notification No.13/21/56-AIS(III) dated 28.02.1958 and further amended with effect from 04.09.1958 vide MHA Notification No.5/25/58-AIS(II)-(I),dated 08.07.1959.] (d) [ 'State Government concerned', in relation to a Joint cadre, means the Joint Cadre Authority.] [Substituted vide D.P. Notification No.13/4/71-AIS(I) ,dated 11.01.1972.] ### 3. Constitution of Cadres. (1) There shall be constituted for each State or group of States an Indian Administrative Service Cadre. (2) The Cadre so constituted for a State or a group of States is hereinafter referred to as a 'State Cadre' or, as the case may be, a 'Joint Cadre'. ### 4. Strength of Cadres. (1) The strength and composition of each of the cadres constituted under rule 3 shall be determined by regulations made by the Central Government in consultation with the State Governments in this behalf and until such regulations are made, shall be as in force immediately before the commencement of these rules. (2) The Central Government shall, [ordinarily] [Amended vide Notification no. 11033/7//94-AIS(II) -A, dated 10.03.1995.] at the interval of every [five] [Amended vide Notification no. 11033/7//94-AIS(II) -A, dated 10.03.1995.] years, re-examine the strength and composition of each such cadre in consultation with the State Government or the State Governments concerned and may make such alterations therein as it deems fit: Provided that nothing in this sub-rule shall be deemed to affect the power of the Central Government to alter the strength and composition of any cadre at any other time: Provided further that State Government concerned may add for a period not exceeding [two year] [Substituted vide DP&T Not. No. 11033/3/2000-AIS(II) -A dated the 14.07.2000] [and with the approval of the Central Government for a further period not exceeding [three years,] [Added vide M.H.A. Notification No. 6/8/64-AIS(I) -A, dated 30.11.1964.] ] to a State or Joint Cadre one or more posts carrying duties or responsibilities of a like nature to cadre posts. ### 5. Allocation of members to various cadres. (1) The allocation of cadre officers to the various cadres shall be made by the Central Government in consultation with the State Government or the State Government concerned. (2) The Central Government may, with the concurrence of the State Government concerned transfer a cadre officer from one cadre to another cadre. ### 6. [Deputation of cadre officers. [Substituted vide M.H.A. Notification 6/69/63-AIS(I) , dated 21.05.1969.] (1) A cadre officer may, with the concurrence of the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government or under a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government or by another State Government.] [Provided that in case of any disagreement, the matter shall be decided by the Central Government and the State Government or State Governments concerned shall give effect to the decision of the Central Government.] [Inserted vide D.P. & A.R. Notification No. 11031/5/85-AIS(II) , dated 14.05.1969.] (2) A cadre officer may also be deputed for service under - (i) a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by a State Government, a Municipal Corporation or a Local Body, by the State Government on whose cadre he is borne; and (ii) an international organisation, an autonomous body not controlled by the Government, or a private body, by the Central Government in consultation with the State Government on whose cadre he is borne: Provided that no cadre officer shall be deputed to any organisation or body of the type referred to in item (ii) , except with his consent: Provided further that no cadre officer shall be deputed under sub rule (1) or sub-rule (2) to a post [other than a post under the Central Government or under a company, association or body of individuals whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government, carrying a prescribed pay which is less than, or a pay scale, the maximum of which is less than, the basic pay he would have drawn in the cadre post but for his deputation.] [Substituted vide D.P & T Notification No. 11030/100/87-AIS(II) , dated 20.05.1988.] ### 7. Postings. - All appointments to cadre posts shall be made:- (a) in the case of a State Cadre, by the State Government; and (b) in the case of a Joint Cadre, by the State Government concerned. (c) (i) The Central Government, in consultation with the State Government or State Governments concerned, may determine the tenure of all or any of the cadre posts specified for the State concerned in item 1 of the Schedule to the Indian Administrative Service (Fixation of Cadre Strength) Regulation, 1955. (ii) A cadre officer, appointed to any post for which the tenure has been so determined, shall hold the minimum tenure as prescribed except in the event of promotion, retirement, deputation outside the State or training exceeding two months. (iii) An officer may be transferred before the minimum prescribed tenure only on the recommendation of a Committee on Minimum Tenure as specified in the Schedule annexed to these rules ### 8. [Cadre and ex-cadre posts to be filled by cadre officers. [Substituted vide D.P. & T. Notification No. 14022/3/87-AIS(I) , dated 11.11.1987] (1) Save as otherwise provided in these rules every cadre post shall be filled by a cadre officer.] (2) A Cadre officer shall not hold an ex-cadre post in excess of the number specified for the concerned State under item [5] [At present, item 3] of the Schedule to the Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955. (3) The State Government may, with the prior approval of the Central Government, appoint a cadre officer to hold an ex-cadre post in excess of the number specified for the concerned State in item [5] [At present, item 3] of the Schedule to the Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955 and, for so long as the approval of the Central Government remains in force, the said ex-cadre post shall be deemed to be an addition to the number specified in item [5] [At present, item 3] of the said Schedule. ### 9. Temporary appointment of non-cadre officer to cadre posts. - 9(1) A cadre post in a State shall not be filled by a person who is not a cadre officer except in the following case; namely:- (a) if there is no suitable cadre officer available for filling the vacancy: Provided that when a suitable cadre officer becomes available, the person who is not a cadre officer, shall be replaced by the cadre officer; Provided further that if it is proposed to continue the person who is not a cadre officer beyond a period of three months, the State Government shall obtain the prior approval of the Central Government for such continuance; (b) if the vacancy is not likely to last for more than three months: Provided that if the vacancy is likely to exceed a period of three months, the State Government shall obtain the prior approval of the Central Government for continuing the person who is not a cadre officer beyond the period of three months. (2) [ A cadre post shall not be filled by a person who is not a cadre officer except in accordance with the following principles, namely:] [Substituted vide D.P. & T. Notification No. 14022/3/87-AIS(I) , dated 11.11.1987] (a) if there is a Select List in force, the appointment or appointments shall be made in the order of the names of the officers in the Select List; (b) if it is proposed to depart from the order of names appearing in the Select List, the State Government shall forthwith make a proposal to that effect to Central Government together with the reasons therefor and the appointment shall be made only with the prior approval of the Central Government; (c) if a Select List is not in force and it is proposed to appoint a non-Select List officer, the State Government shall forthwith make a proposal to that effect to the Central Government together with the reasons therefor and the appointment shall be made only with the prior approval of the Central Government; (3) [ Where a cadre post is likely to be filled by a person who is not a cadre officer for a period exceeding six months, the Central Government shall report the full facts to the Union Public Service Commission with the reasons for holding that no suitable officer is available for filling the post and may in the light of the advice given by the Union Public Service Commission give suitable direction to the State Government concerned;] [Omitted and Re-numbered vide D.P. & T. Notification No. 14022/3/87 -AIS(I) dated 11.11.1987] (4) [ Notwithstanding anything contained in these rules, in relation to the State of Nagaland and the Union Territories, a cadre post may be filled by a person who is a member of the Indian Frontier Administrative Service and was recruited to the Service prior to the 1st of January, 1968.] [Added vide Deptt. of Personnel and AR Notification No. 11033/1/75 AIS(I) , dated 13.6.1975 and renumbered vide D.P. & T. Notification No. 14022/3/87(I) dated 11.11.1987.] [Deleted.] [Proviso deleted vide M.H.A. Notification No. 13/21/56 AIS(III) , dated 28.02.1958.] ### 10. [Report to the Central Government of vacant cadre posts. [Substituted vide D.P. & A.R Notification No. 9/22/72-AIS(I) , A , dated 23.05.1974.] - Cadre posts shall not be kept vacant or held in abeyance for periods exceeding six months without the approval of the Central Government. For this purpose, the State Government shall make a report to the Central Government in respect of the following matters, namely:-] (a) the reasons for the proposal; (b) the period for which the State Government proposes to keep the post vacant or hold it in abeyance; (c) the provision, if any, made for the existing incumbent of the post; and (d) whether it is proposed to make any arrangements for the performance of the duties of the post to be kept vacant or held in abeyance, and if so, the particulars of such arrangements. ### 11. [Holding of more than one post by a cadre officer. [Substituted vide M.H.A. Notification No. 6/19/62-AIS(I) , dated 26.12.1963.] - (i) The State Government concerned in respect of the post borne on the State Cadre or the Joint Cadre, as the case may be, may, for the purpose of facilitating leave arrangements for a period not exceeding six months, direct that any two cadre posts or a cadre post and an equivalent post may be held simultaneously by one single cadre officer.] (ii) Where the State Government is of the opinion that it is necessary so to do, it may, with the prior approval of the Central Government, order that the posts directed by it be held simultaneously by one single cadre officer under sub-rule (i), may continue to be so held for a period beyond six months but, in any case, not beyond twelve months from the date with effect from which the posts were first directed to be so held under sub-rule(i). ### 11A. [Authority to exercise certain powers in respect of members of the Service serving in connection with the affairs of the States constituting a Joint Cadre. [Substituted vide D.P. & A.R. Notification No. 13/4/71-AIS(I) , dated 11.01.1972.] - The powers of the State Government under the second proviso to sub-rule (2) of rule 4, under clause (i) of sub-rule (2) of rule 6 and under Rules 7, 10 and 11, in relation to the members of the Service serving in connection with the affairs of any of the Constituent States shall be exercised by the Government of that State.] ### 11B. [Authority to exercise certain powers in respect of members of the Service serving in connection with the affairs of the State constituting a Joint Cadre. [Substituted vide D.P. & A.R. Notification No. 11/2/72 - AIS(I) , dated 21.06.1974.] - The powers of the State Government under rule 9, in relation to the members of the Service serving in connection with the affairs of any of the Constituent State shall be exercised by the Government of that State.] ### 12. [Interpretation. [Substituted vide D.P. & A.R. Notification No. 7/1/73 AIS(II) , dated 06.01.1975.] - If any question arises as to the interpretation of these rules, the Central Government shall decide the same.] ### 13. Repeal and saving. - All rules corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed: Provided that any order made or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions of these rules. Schedule ---------- [See rule 7(c) (iii)] ### 1. Composition of the State Committee to review minimum tenure. - (a) The Committee on Minimum Tenure constituted by the State Government shall consist of - | | | | | --- | --- | --- | | (i) | Chief Secretary | – Chairman; | | (ii) | Senior most Additional Chief Secretary or Chairman, Board of Revenue or Financial Commissioner or an officer of equivalent rank and status | – Member; | | (iii) | Principal Secretary or Secretary, Department of Personnel in the State Government | – Member Secretary. | (b) In States where the Civil Services Board has been constituted, the State Government may entrust the work of the Committee to the Board. ### 2. Functions. - (a) The Committee on Minimum Tenure or Civil Services Board shall examine the cases of officers who are proposed to be transferred before completion of minimum tenure as determined for Item 1 of the Schedule to the Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955. (b) The Committee of Minimum Tenure or the Civil Services Board may consider for transfer before the tenure fixed under sub-clause (i) of clause (c) of rule 7 of the Indian Administrative Services (Cadre) Rules, 1954 based on the necessary circumstances regarding which the Committee or the Civil Services Board shall satisfy itself. (c) The Committee of Minimum Tenure or Civil Services Board may recommend the names of officers to the Competent Authority for transfer before completion of minimum tenure with reasons to be recorded in writing. [3. Procedure. - (a) The Civil Services Board may obtain the information from the Administrative Department of the State concerned or any other relevant sources while considering the transfer of an officer before completion of specified tenure. (b) The Civil Services Board shall submit annual report on 1st January to the Central Government about the date of the Civil Services Board meetings in the prescribed Form annexed to the Schedule and also upload the same on the website of the concerned State Government or Union territory in public domain. (2) The Competent Authority may amend, modify or reject the recommendation of the Civil Services Board for the reasons to be recorded in writing. Form | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl.No. | Dates of the CSB meeting | Number of officers transferred | Whether provisions of rule 7 of IAS (Cadre) Rules, 1954 have been complied with | Details of the period of tenure | Remarks, if any.] | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | [Substituted by Notification No. G.S.R. 426(E) , dated 13.4.2016 (w.e.f. 8.9.1954).] Government of India Decisions Government of India's Decisions under Rule 2: - 1. The Government of India have held that a cadre post as defined in the Rules means only the post specified under item 1 of the cadre strength of each State. A non-cadre post does not become a cadre post simply, on being declared equivalent to a cadre post. It would become a cadre post only after it has been included in and specified as such item 1 of the cadre strength of each State as shown in the Schedule to the I.A.S. ( Fixation of Cadre Strength) Regulations, 1955. [G.I., M.H.A. letter No. 14/51/65-AIS(III) , dated 21-2-1966]. Government of India's Decisions under Rule 4: - 1.1. The criterion for inclusion of senior duty posts in the IAS cadre schedule is that the cadre should include all posts for which the State Government would require officers with wide administrative experience of the standard of the I.A.S. It should thus include: (i) all superior administrative posts of and above rank of District Officers e.g. Collectors, Commissioners, Members of Board of Revenue, Secretaries & Deputy Secretaries in Administrative Departments; and (ii) a proportion of miscellaneous posts including those of Heads of Departments. Strict uniformity in this matter is difficult. 1.2 The Central Government reserves the right to take a final decision regarding inclusion of a post in the cadre. [G.I., MHA letter No. 5/61/57-AIS (II) , dated 22-11-1957, No. 27/28/64-AIS (III), dated 24-3-1966 and 14/39/65-AIS (III).] ### 2. Posts included in the Cadre acquire the character of permanency. [G.I., MHA letter No. 6/25/64-AIS(I) , dated 1-6-1964]. ### 3. Temporary additions to or subtractions from a cadre are not to be taken into account for cadre calculations or for calculating the number of selection grade posts. [G.I. MHA letter No. 5/24/58-AIS-II dated 5.5.1958]. 4.1 The second proviso requires that the posts added temporarily to the cadre should carry duties and responsibilities of a like nature of cadre posts. The exercise of this power by the State Government with reference to a post involves an objective assessment of the nature of the duties and responsibilities attached to that post in comparison to those attached to a cadre post. Thus posts cannot be added temporarily to the cadre unless such posts already exist in the cadre. 4.2 The scale of pay of the post, temporarily added to the cadre, should also be the same as that of the cadre post to which it corresponds. Thus, where the pay of the post of Secretary in the cadre is in the senior time-scale, it would not be in order, to add temporarily to the cadre post of Secretary in the super time-scale. [G.I., MHA letter No. 6/9/63-AIS(I) , dated 9-2-1965]. 5.1 A doubt was raised whether ex-cadre posts equated to cadre posts under rule 9 of any Rules would be treated as automatic temporary additions to the cadre and would fall within the scope of the second proviso to rule 4(2) of the Cadre Rules. 5.2 Both these provisions are independent of each other and are not inter-connected. The second proviso to rule 4(2) of the Cadre Rules empowers the State Governments to make temporary additions to the cadre for the period not exceeding the limit indicated therein. Rule 9 of the Pay Rules, on the other hand, provides for regulation of pay of cadre officers appointed to non-cadre (ex-cadre) posts. The State Governments are competent to appoint cadre officers to such posts under their control to the extent that the appointments should not exceed the number of posts in the deputation reserve of the State cadre. The non-cadre (ex-cadre) posts to which cadre officers are appointed would not result in the posts becoming temporary additions to the cadre within the scope of the second proviso to rule 4(2) of the Cadre Rules. [G.I., MHA letter No. 6/25/65-AIS(I) , dated 24-4-1965]. 6.1 The Government of India have clarified the scope of the second proviso to Rule 4(2) of the IAS (Cadre) Rules, 1954, as follows:- 6.2 The provision regarding addition of extra cadre posts for short periods did not exist in the ICS/IP Cadre Rules, nor did it exist in the Indian Civil Administrative Cadre Rule, 1950 or the Indian Police Cadre Rules, 1950. Even the original draft of the present IAS/IPS Cadre Rules did not contain such proviso. It was only in the Chief Secretaries' Conference held in 1954 to consider the drafts of the various All India Services Rules & Regulations, that the question of making such a provision in the Cadre Rules, was raised by the Government of West Bengal. The discussion which took place in the Conference on this question indicates clearly the scope of this provision in the Cadre Rules. The relevant extracts from the proceedings of the meeting of the Conference, held on 13th April, 1954, are reproduced below:- West Bengal - In the rule regarding the alteration of strength, have to make the same point that I raised this morning. The State Government should have the power to make temporary additions to the cadre for a period not exceeding one year, when the duties of the posts are closely analogous to those of the scheduled cadre posts. This would be necessary, if suddenly we feel the necessity to increase the number of say, the Superintendents of Police. Shri Bapat - I think that will be a useful provision. We can have it. Shri Dutt - Please let us have a draft. Of course, there is the obligation of posting only a cadre officer to such a post. 6.3 It would appear from the above discussion that the provision was made to meet the sudden and immediate need for extra posts carrying duties or responsibilities analogous to cadre posts subject to the condition that such posts will be held by cadre officers only. In actual practice occasions for resorting to this provision will be rare and ordinarily the need for such extra cadre post is not for a period exceeding one year. If the need for such extra cadre posts is for a period exceeding one year generally the need is considered to be a permanent one unless the State Governments are certain that they will not need such posts beyond a particular fixed period not exceeding three years in all. Therefore, steps should be taken for the inclusion of such posts in the permanent cadre on the expiry of one year. The idea is that by including such posts in the permanent cadre, the State Government will be able to assess correctly their needs for recruitment on the basis of the competitive examination. 6.4 If no cadre officer is available, a temporary post created with whatever designation, should not be added to the IAS/IPS cadre. If the post is held by a State Civil/Police Service Officer whether in the Select List or not, it will be a temporary addition to the State Civil/Police cadre of the State or an ex-cadre post counted against deputation reserve, if any, provided in the cadre or it would be an isolated post in the State Civil/Police Service to which the State Civil/Police Service Officers could be appointed with the approval of the State Public Service Commission, if so required by the State Rules. [G.I., MHA letter No. 14/53/65-AIS(III) , dated 21-3-1966]. ### 7. It has been held that State Government are not competent to exceed the number of posts specified against items 2 and [5 to 8 of the cadre schedules without the prior sanction of the Central Government under rule 4(2) of the proviso there to.] [at present items 3,4, & 6.] [G.I. MHA letter No. 14/51/66-AIS(III) , dated 21-2-1966 and file No. 14/14/65-AIS(II)]. 8.1 A question was raised whether posts temporarily added to the IAS/IPS cadre of a State under the second proviso to Rule 4(2) of the IAS/IPS (Cadre) Rules, 1954, should be deemed to have been included temporarily in schedule III-A or III-B to the IAS/IPS (Pay) Rules, 1954. 8.2 The legal position in respect of the posts temporarily added to the IAS/IPS Cadre has been clarified in the Ministry of Home Affairs letter No. 14/51/66-AIS(II) dated 21st February 1966 and 14/53/65-AIS(III), dated the 21st March, 1966. It would appear therefrom that a post temporarily added to the cadre is not a 'cadre post' as defined in the IAS/IPS (Cadre) Rules, 1965. It is also not a cadre post for the purposes of IAS/IPS (Fixation of Cadre Strength) Regulations, 1955. An extra post (carrying duties and responsibilities analogous to cadre posts) could be temporarily added to the cadre, when a cadre officer is available to man such posts. If no cadre officer is available, a temporary post created with whatever designation when held by a State Civil/Police Service officer whether in the Select List or not, would be a temporary addition to the State Civil/Police Service cadre of the State of an ex-cadre post counted against deputation reserve, if any, provided in that cadre or it may be an isolated post in the State Civil/Police Service. If would have no connection whatsoever with the IAS/IPS cadre of the State. 8.3 When a post temporarily added to the IAS/IPS cadre is held by a cadre officer a declaration of equivalence under Rule 9 of the IAS/IPS (Pay) Rules, 1954, will not be necessary for the purpose of fixation of his pay under the IAS/IPS (Pay) Rules, 1954, the duties and responsibilities of such post being already analogous to a cadre post vide the second proviso to rule 4(2) of the IAS/IPS (Cadre), Rules, 1954. [G.I., MHA letter No. 15/39/66-AIS(III) , dated 22-4-1966]. 9.1 The Government of India have clarified that purely temporary post may be divided into two categories - (i) Posts created to perform the ordinary work for which permanent cadre posts in the IAS/IPS cadre already exist, the only distinction being that the new posts are temporary and not permanent and (ii) isolated posts created for the performance of special tasks unconnected with the ordinary work which the Service is called upon to perform. An example of the latter type of post would be a post on a Commission of Enquiry. A distinction by strict verbal definition is difficult but in practice there should be little difficulty in applying the distinction in individual cases. The former class of posts should be considered to be temporary additions to the Cadre of the Service. The second proviso to rule 4(2) of the IAS/IPS (Cadre) Rules, 1954, gives power to the State Government concerned to add for a period not exceeding one year, and with the approval of the Central Government for a further period not exceeding two years, to a State Cadre, one or two posts carrying duties or responsibilities of a like nature to cadre posts. The latter class of temporary post should be considered as unclassified and isolated ex-cadre post, the power to create such post will depend on the provisions contained in the Book of Financial Powers of the State Government concerned. 9.2 The posts which are temporary additions to the IAS/IPS Cadre are to be created when cadre officers are available to man them, otherwise, these should be temporary additions of the cadre to which the holders of the post belong as clarified in Ministry of Home Affairs No. 15/39/66-AIS(III) , dated 22-4-1966. 9.3 The posts which are ex-cadre of IAS/IPS Cadre are to be manned by cadre officers and counted against deputation reserve provided in the Cadre. There is restriction on the powers of the State Government for the creation of such posts as the number of such posts is not to exceed the number shown against deputation reserve in the Cadre. If a member of service is not going to be appointed to an ex-cadre post, the temporary post can be created either as an ex-cadre post of the State Civil/Police Service or just an ad-hoc post without equivalence as clarified in paras 6-9 of Ministry of Home Affairs' D.O. letter No. 27/28/64-AIS(III) , dated 24-3-1966. It would, however, be appropriate that when the temporary post is to be held by a State Civil/Police Service Officer, it should be created in the time-scale of the State Civil/Police Service. [G.I. MHA letter No. 40/5/66-AIS(III) . dated 27-12-1966]. Government of India Instructions under Rule 4: - 1.1. The Government of India have clarified certain fundamentals regarding the management of the All India Services cadres, as follows: 1.2 At the time of the constitution of the IAS/IPS in 1947, it was decided to include the following categories of posts in the IAS cadre:- (a) All superior posts in the administrative departments of and above the rank of District Officers, i.e., Collectors, Commissioners, Members, Board of Revenue, Secretaries, Deputy Secretaries, etc. (b) A proportion of miscellaneous posts including those of Heads of Departments. In the IPS, corresponding ranks were substituted, the principle remaining the same. Provision was made in the rules for [triennial review] [Now quinquennial] of the cadre strength to adjust it according to the growing and changing needs of each State. 1.3 The senior posts as notified in the schedule of each State cadre were divided into three main categories, viz:- (a) Senior posts under the State Government; (b) Central Deputation Reserve; (c) Deputation Reserve. The other categories and reserves, such as leave and training reserves and the junior posts are ancillary to the three main categories described above. 1.4 Posts that fulfill the qualifications described in 1.2 above should therefore, be enumerated as the senior posts under the State Government. The intention also has always been that all posts in the State which are required on a long term basis and which carry duties and responsibilities similar to such senior cadre posts, should be included in the cadre. At the time of the [triennial review] [Now quinquennial] a realistic estimate should be made of the new posts required during the next 4 to 6 years on the basis of the previous rate of expansion of the cadre and of the additional posts required in connection with the Five Year Plans and the growing business of Government and the cadre strength should be fixed after taking these needs into consideration. 1.5 The Central Deputation Quota fixes the share of the Government of India out of the State cadre for the various requirements of the Centre. By and large this quota may be taken to be the limit of deputation to the Government of India. 1.6 The Deputation Reserve is intended to provide a cushion to the State Government for its temporary and unforeseen demands of cadre officers for manning such ex-cadre posts which are required temporarily for short periods and which do not qualify for inclusion in the IAS cadre. The very name suggests that it is intended to cover short-term needs; long-term posts being brought into the cadre as soon as it is known that they would continue over a period of time. 1.7 Select Lists are intended to provide a ready list of screened State Service officers who can be appointed to vacancies that may occur in the promotion quota during a particular year. It can also be utilized to fill short-term vacancies and to meet any minor emergency requirement on a temporary basis. It has never been intended to become a parallel cadre for manning long-term vacancies either in the cadre or in ex-cadre equivalent posts. 1.8 If the cadre strength is adequately fixed keeping in view the normal rate of growth of the cadre and the requirements of the Plan etc. and if recruitment to the cadre has been on an adequate scale, the need for filling cadre posts by Select List Officers should rarely arise. There should be no long term ex-cadre posts. If there are any, they ought to go into the cadre. For short term ex-cadre posts, the deputation reserve in the cadre should be adequate. If there is an imbalance between the number of the ex-cadre posts and the deputation reserve, it can be redressed either by reducing the number of ex-cadre posts or increasing the deputation reserve. 1.9 It is not at all necessary that new senior posts which are created must be declared equivalent to cadre posts. Rule 9(1) of the Indian Administrative Service (Pay) Rules, 1954, requires that members of the service should not be appointed to an ex-cadre post unless the State Government had declared it equivalent to a cadre post. In exceptional circumstances, of course for reasons to be recorded in writing, the equation may not be made [Sub-rule(4) of rule 9 of IAS(Pay) Rules]. It is, therefore, only when a member of the service is to be appointed to an ex-cadre post and it has to be declared equivalent to a cadre post and even then it is not necessary in all cases. If a member of the service is not going to be appointed to an ex-cadre post, declaration of equivalence is not required at all. These can be created either as ex-cadre posts of the State Civil or Police Services or just ad hoc posts without equivalence. 1.10 The adequacy of recruitment rate for the all India Services is vital to the proper functioning and management of Government. Two measures are needed to ensure this. The first is the prompt encadrement of new posts likely to last over an extended period and the second is to assess future needs in advance on the basis of the past experience and the future plans. A failure in either of the two requirements will affect the adequacy of cadre strength thus leading to strains and stresses which some of the States are facing today. 1.11 Once the cadre strength has been determined at the triennial review, which can be made more frequent if required, the rate of annual recruitment must be adequate to fill up all the posts within two or three years. In some of the States the recruitment rate has been rather low with the result that gaps continue in the cadre for years and longer Select Lists are required to meet the cadre shortages. This has two-fold disadvantages; it affects the seniority of the direct recruits and the State Service officers develop hopes and expectations beyond those provided for in the scheme of the All India services. [G.I,. M.H.A. D.O. letter No. 27/28/64-AIS(III) , dated 24-3-1966.] 2.1 State Governments while framing the rules for setting up of Tribunals etc. under various Acts, make provision that the Chairman/Members of Tribunal shall be a member of the IAS equivalent in status and rank to a specified cadre post in the IAS cadre of that State. As a consequence, it becomes obligatory to encadre such posts at the prescribed levels. 2.2 In order to ensure uniformity of approach and to avoid inter-cadre imbalances which might result as a consequence of posts being encadred in the manner indicated above, the State Governments are requested to obtain the prior concurrence of this Department before making any provision in the statutory rules for filling up certain posts by the members of the IAS. [G.I., DOPT Letter No. 11031/6/87-AIS(II) , dated 20.4.1987.] ### 3. The question whether the posts in Public Sector Undertakings could be encadred in the AIS has been examined further and the Government of India have been advised that such posts cannot be encadred in the cadre schedules of the All India Services as cadre posts. [G.I., DOPT Letter No. 11031/18/88-AIS(II) , dated 8.12.1988.] 4.1 The Government of India have issued the following clarifications regarding rule 4 of the Cadre Rules and the various reserves against which officers holding posts other than cadre posts are to be shown:- 4.2 Under Rule 3 of the Cadre Rules, Cadres have been constituted for each State or group of States. The strength and composition of each of these cadres have been determined by the Regulations, framed under the Cadre Rules and have been shown in the Schedule to those Regulations. The term 'cadre post' has been defined as any post specified under item 1 of each cadre in the Cadre Schedule vide clause (b) of Rule 2 of the Cadre Rules. 4.3 The power to alter the strength and composition of a cadre vests in the Central Government, vide Sub-rule (1) of Rule 4 of the Cadre Rules. With a view to meeting emergent needs of the State administration, the State Government concerned has been authorised vide the second proviso under sub-rule (2) of Rule 4 of the Cadre Rules, to add for a period not exceeding one year to a State Cadre, one or more posts carrying duties or responsibilities of like nature to cadre posts. However, the posts so added by State Government do not become cadre posts. 4.4 With a view to ensuring that the members of the Indian Administrative Service are not deployed on posts which do not require to be manned by officers of that caliber, it has been provided, vide sub-rule (1) of Rule 9 of the Indian Administrative Service (Pay) Rules, 1954 (hereinafter referred to as "The Pay Rules") that no such members shall be appointed to a post other than a post specified in the Schedule III to these Rules hereinafter referred to as the "Pay Schedule") unless a declaration is made that the said post is equivalent in status the Pay Schedule. However, for the sufficient reasons to be recorded in writing, such a declaration may be dispensed with, vide subrule (4) of Rule 9 of the Pay Rules. 4.5 Neither a post which is declared equivalent in status and responsibility to a post included in the Pay Schedule nor a post in respect of which such declaration has been dispensed with, is a cadre post. 4.6 Powers under the second proviso under sub-rule (2) of Rule 4 of the Cadre Rules are to be invoked only for increasing the number of posts with a particular designation already included in the Cadre Schedule. If a post with a particular designation does not figure in the Cadre Schedule, it cannot be created by invoking these powers. It will have to be created, where necessary, by the State Government, under their inherent powers and if a member of the Indian Administrative Service is to be appointed thereto such appointment should be regulated under rule 9 of the Pay Rules. 4.7 When a post is created by invoking the powers under the second proviso to sub-rule (2) of Rule 4 of the Cadre Rules, further action under Rule 9 of the Pay Rules, is not necessary, because the post will already be figuring in the Pay Schedule. 4.8 Thus, powers under sub-rule (2) of Rule (4) of the Cadre Rules and under Rule 9 of the Pay Rules, are mutually exclusively and together are exhaustive, in so far as posts under the State Government are concerned. [G.I., DP&AR letter no, 4/12/70-AIS(I) dated 26.5.71 - remaining part superseded by Government of India Instruction No. 6 quoted below] 5.1 The Government of India have issued the following clarifications regarding the composition of the Central and State Deputation Reserves:- 5.2 Under second proviso to sub-rule 2 of Rule 4 of the Cadre Rules, the State Government is competent to add for a period not exceeding one year and, with the approval of the Central Government, for a further period not exceeding two years, to a State or Joint Cadre one or more posts, carrying duties or responsibilities of a like nature to cadre posts. Doubts have been raised whether such posts are to be considered as cadre posts or as ex-cadre posts against the State Deputation Reserve. It is hereby clarified that the posts which are created in exercise of the powers of the State Governments under the second proviso under sub-rule 2 of rule 4 of the Cadre Rules are to be counted as temporary cadre posts added temporarily to the Cadre Schedule and as such, they are not to be counted against the State Deputation Reserve. However, only such posts which are created for increasing the number of posts with a particular designation already included in the Cadre Schedule would be counted in this category. 5.3 On the other hand, if a post with a particular designation does not figure in the Cadre Schedule, it cannot be created by invoking this power. It can be created as per necessity by the State Government under their inherent powers and the members of the All India Services cannot be deployed to such a post unless a declaration is made that the post is equal in status and responsibility to a post mentioned in Schedule III to the respective Pay Rules under sub-rule 1 of rule 9 of the same Rules. However, for sufficient reasons to be recorded in writing such a declaration may be dispensed with vide sub-rule 4 of rule 9 of the respective Pay Rules. 5.4 Neither a post which is declared equivalent in status and responsibility to a post included in the pay schedule, nor a post in respect of which such a declaration has been dispensed with, is a cadre post. Such a post is to be counted against the State Deputation Reserve. Apart from these posts, the other kinds of posts which are to be counted against the State Deputation Reserve are as follows:- [Remaining part superseded by letter No.11033/1/98-AIS(II) dated 13.6.2000 (quoted below)] [G.I. DOPT letter no. 11033/1/98-AIS(II) dated 23.4.98] ### 6. Copy of the letter no. 11033/1/98-AIS(II) of Government of India, Ministry of Personnel, P.G. & Pensions (Department of Personnel & Training ) addressed to the Chief Secretaries of All States/UTS clarifying composition of Central and State Deputation Reserve - Clarification regarding. 6.1 Reference is invited to this Department's letter of even number dated 24.3.1998 and 6.8.99 and letter no. 11031/19/75-AIS(II) , dated 16.4.1975 as well as letter no. 4/12/70-AIS(I) of DP&AR dated 26.5.1971. In respect of the composition of the State deputation Reserve and the Central Deputation Reserve, the matter has been further considered in this Department and it has been decided that this will comprise different components as described below: (i) The State Deputation Reserve will comprise the following:- (a) All ex-cadre posts held by cadre officers under the control of the State Government including those on inter-cadre deputation to another State Government. (b) All posts under a Company, Association or a body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the State. (c) All posts under a Municipal Corporation or Local Body under the control of the State Government. 6.2 The Central Deputation will comprise the following:- All posts held by the All India Services officers under the control of the Central Government including posts under a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government and all posts under Rule 6(2) (ii) of the IAS/IPS/IFS (Cadre) Rules, i.e. the posts in an international organisation, an autonomous body not controlled by the Government or private body. 6.3 To this extent, the orders of Government of India vide DOP&AR letter no. 4/12/70-AIS(I) , dated 26.5.1971 stand modified. [G.I. DOPT letter No. 11033/1/98-AIS(II) , dated 13.06.2000.] 7.1 A question was raised as to how the scale check prescribed in MHA endorsement No. 14/51/65-AIS(III) ,dated 21-2-1966 should be conducted. The Government of India have considered the matter carefully and they have decided that the scale check in respect of the IAS/IPS cadre of each State should be carried out by the Accountant General concerned with reference to the IAS/IPS (Fixation of Cadre Strength ) Regulations, 1955, in relation to each State. In other words it should be examined whether the posts shown against each item have been properly utilised. It is also to be checked up whether any of the cadre posts is held by a non-cadre officer and if so whether it is with proper approval of the competent authority under rule 9 of the IAS/IPS (Cadre ) Rule, 1954, and whether non-cadre officers (Select List Officers) have been appointed to officiate in cadre posts in the order in which their names appear in the current Select List. 7.2 The intention is that the quarterly check should be conducted for the quarters ending 31st March, 30th June, 30th September and 31st December and the results should be communicated by the Accountant General concerned to the Government of India as also the State Government concerned within one mouth i.e. the report for the quarter ending 31st March should be communicated by the 30th April, and so on. 7.3 The Government of India have also decided that copies of the current Select List and the orders issued under rule 9 of the IAS/IPS (Cadre) Rules, 1954, from time to time should be supplied to the Accountants General to enable them to carry out the above-mentioned scale check. They will, no doubt, treat the Select Lists as confidential documents and utilise them for official use only, as required under the existing instructions. [G.I., MHA letter No. 16/5/66-AIS(III) , dated 23-6-1966]. ### 8. Rule 4 of the Cadre Rules provides for a review of the strength and composition of the cadre at the interval of every three years. The State Governments are, therefore, requested to sponsor their Now [triennial review] [Now quinquennial.] proposals after taking into consideration their requirements at least for [3 years to avoid frequent proposals for amendments to the cadre schedule. However, cases where changes in the cadre are considered unavoidable and cannot be delayed till the next triennial review, in such circumstances proposals may be made once in a year i.e. in the month of January. The State Governments are therefore, requested to adhere to this procedure for proposing amendments to the cadre schedule.] [Now quinquennial.] [G.I. MHA letter No. 6/10/68-AIS(II) , dated 27-2-1968]. ### 9. Letter to the Chief Secretaries of all States on fixation of norms for conducting review of cadre strength and composition of the State cadres of Indian Administrative Service 9.1 The issues pertaining to fixation of norms for conducting review of cadre strength and composition of the state cadres of Indian Administrative Service had been under consideration in this Department for quite some time. 9.2 The need for fixing the norms for All India Services had arisen due to the concerns of cadre management given in the age profile of IAS officers and bulge in the cadre structure for officers between the ages of 45-60 years and the need for parity in career prospects between States. Balanced cadre structures and regular promotion prospects will help overall cadre management. 9.3 Formulation of norms would help streamline this process over time. The Fifth Central Pay Commission Report has recommended a 30% reduction in the authorized strength of the All India Services both at the Centre and at the State. The Commission has highlighted the demoralizing effect of creation of unnecessary posts both in the Centre and at the State and surrendering unnecessary posts and has recommended selectivity in promotion and fast track promotions. A streamlined IAS Cadre is desirable and will help management of the cadre. The norms which are adopted will be reviewed every five years. Fixing of norms of cadre strength will allow for flexibility within the overall ceiling will help improve the situation. A pyramidical structure with minimum ratio between higher and lower level is desirable for parity and balanced cadre structure. 9.4 A copy of the norms/ guidelines for IAS prepared by this Department was sent to the State Government vide letter of even number dated the 17thJuly, 2003 for obtaining their views/comments by the 11th August, 2003. This was followed by a number of reminders. 9.5 Based on the responses received from the State Governments, it has been decided to adopt the following norms while conducting the review of cadre strength and composition of the State cadres of Indian Administrative Service: (i) The total cadre strength will not normally be allowed to increase in any state. The number of junior posts (including leave reserve) should be 16.5%of the SDP. The level of recruitment should be pegged between 2.75-3.25% of the SDP every year. (ii) The break-up of the cadre posts should be approximately as given in the following table:- | | | | | --- | --- | --- | | S.No. | Level/Scale in SDP | % of Posts | | 1 | Rs. 26,000/- (fixed) | 2.00% | | 2 | ASTS | 8.00% | | 3 | STS | 30.00% | | 4 | Selection Scale | 25.00% | | 5 | Senior Scale/JAG | 35.00% | (iii) The State Governments may have the flexibility of adjusting the number of Senior and Selection Scale posts subject to the condition that the total percentage of these posts will not exceed 60%. (iv) The State Governments may also have the flexibility to create ex-cadre posts subject to the following:- (1) The number of ex-cadre posts at the Rs. 26,000 (fixed) grade will not exceed the number of cadre posts. (2) The total number of persons on ex-cadre posts and Central Deputation shall not exceed the CDR + SDR for the State. (This has been superseded vide DOPT letter No. 20011/1/2005-AIS-II dated 23.01.2008, which is given in the IAS (Pay) Rules, 2007, under Government of India decision.) (3) While the State will need to define the ex-cadre posts at the time of the cadre review, they may at their discretion change the designations/posts up to 15% of the designated posts. 9.6 The above norms/guidelines will be followed while considering the proposals of review of the strength and composition of State Cadre of Indian Administrative Services and other cadre matters. The State Governments are requested that the cadre review proposals may be prepared keeping in view the above norms/guidelines. [G.I. DOPT letter No.11033/3/2002-AIS-II, dated 27.01.2005] Government of India's Decisions under Rule 5: - 1. It has been decided that, while allocating candidates selected on the basis of the annual competitive examinations to the various State Cadres, the recommendation of the States Reorganisation Commission, that at least 50 per cent of the new entrants in any state cadre should be from outside the State concerned, shall be borne in mind. [G.I. MHA File No. 1/66/50-AIS(I) .] Government of India's Decisions under Rule 6: - 1. The terms of deputation of a cadre officer deputed to another State shall be finalised by the borrowing Government in consultation with the lending Government. If there is any point of difference between them, it may be referred to the Government of India. [G.I., MHA Letter No. 22/6/57-AIS(II) , dated 30.5.1957.] ### 2. The terms of deputation of an officer, deputed on foreign Service are normally issued by the lending authority, in consultation with the borrowing authority. In the case of the All India Services, however, the All India Services (Leave) Rules, 1955, the All India Services (Conduct) Rules, 1968 and the All India Services (Discipline and Appeal) Rules, 1969 provide that a member of an All India Services whose services are placed at the disposal of a company, corporation etc. by the Central Government or the Government of a State shall, for the purpose of these rules, be deemed to be a member of the Service serving in connection with the affairs of the Union or in connection with the affairs of that State, as the case may be. By virtue of the provision contained in these rules, if the terms of deputation of a member of an All India Service deputed to a public sector undertaking controlled by the Central Government, are issued by a State Government, 'Government' in his case will be a State Government concerned. It is, however, only proper that such a member of an All India Service should be under the control of the Central Government for the purposes of these Rules. In view of this, the terms of deputation of a member of an All-India Service who is serving in connection with the affairs of a State and who is deputed to a public sector undertaking etc. controlled by the Central Government should be issued by the Ministry/Department of the Central Government which is administratively concerned with that organization in consultation with the State Government of Joint Cadre Authority on whose cadre the officer is borne. [G.I. DOPT Letter No. 13/27/74-AIS(II), dated 17.1.1975. (the relevant portion only)] 3.1 Rule 6(2) (ii) of the IAS(Cadre) Rules, 1954 and corresponding rules governing the Indian Police Service and Indian Forest Service enables deputation of a member of the service to a non-Government body by the Central Government in consultation with the State Governments concerned. 3.2 The Rajya Sabha Committee on Subordinate Legislation in their 93rd report has observed that members of the All India Service should be deputed to such bodies only in exceptional circumstances for reasons to be recorded in writing. The above observations of the Rajya Sabha Committee may be kept in mind while recommending the deputation of members of All India Service to non-Government bodies. [G.I., DOPT Letter No. 28020/4/91-AIS-II dated 26.7.1993.] 4.1 Rule 6(2) (ii) of the IAS(Cadre) Rules and the corresponding rules governing the IPS and IFS enable the deputation of a member of the Service to an international organisation, an autonomous body not controlled by Government or a private body, etc. In such cases, the Central Government is the authority competent to order such deputation and the consent of the State Government and the officer concerned is also required. 4.2 It is seen that in several instances officers of the All India Services are required to be sent on deputation to the Universities/teaching or training institutions of repute which are autonomous organisations and which are not controlled by the Government, and therefore, such deputations fall within the purview of Rule 6(2) (ii). It has now been decided that in all such cases, the State Government may themselves order the deputations in institutions located within the State, for a period of upto three years, provided that prior consent of the officer is obtained and the Central Government is kept informed of all such deputations. This provision will not apply to deputations to Central Universities/Deemed Universities or institutions established by the Government of India. 4.3 In regard to the question of the 'cooling-off' period required to be completed by an officer who was on Central deputation before being eligible to be deputed to a body referred to under Rule 6(2) (ii), presently there are no such requirements of a 'cooling-off' period. However, in order to ensure that officers at the end of Central deputation return to serve their States, it has been decided that all such officers will be required to 'cool-off' in their States at the end of their period of Central deputation before they can be considered for deputation under Rule 6(2)(ii) if their place of posting is located outside their own allotted States. [G.I. DOPT Letter No. 14017/16/91-AIS-II dated 13.10.1993.] ### 5. II. Guidelines for Deputation of Members of The All India Services Under Rule 6(2) (ii) of The Respective cadre Rules ### 1. Deputation under rule 6(2) (ii) may be allowed to the following categories of organisations: a. Constitutional bodies b. Statutory bodies created by law of Parliament or State legislatures c. Multilateral bodies, bilateral bodies, international financial institutions, international organisations and NGOs and multilateral organisations, defined as follows:- International organisations notified by the MEA under the UN (Privileges and Immunities) Act, 1947: (a) United Nations Organisations or Organisations under the UN. (b) Bilateral bodies set up under the Vienna Convention i.e.. Embassies and Bodies set up under them eg. USAID, DFID, NORAD etc. (c) International financial institutions eg. The World Bank, IMF, Regional Banks like ADB, Afro-Asian Rural Reconstruction Organisation etc. (d) Multilateral Organisations eg. International Court of Justice, IAEA etc. and bodies of Regional Cooperation eg. SAARC, EU etc. (e) International NGOs eg. International Committee of the Red Cross. (f) Other foreign NGOs from whom India receives Technical/financial assistance eg. Action Aid - clearance from Ministry of Home Affairs and MEA would be sought for such deputations. (g) International organisations, which are private bodies. d. Private bodies to be defined as follows: (a) Non Profit organisations of repute working in the fields of research, social work social development, infrastructure etc. (b) Organisations registered under the Societies Registration Act. (c) Organisations registered under the Charitable Trusts Act. (d) Apex bodies of Industries and Commerce under the various statutes (e) Organisations registered under the Cooperatives Act. e. Autonomous bodies not controlled by Government which are defined as follows: (a) The following criteria may be taken into account - any of the three may be the basis: (i) Structure of the Organisation - Organisations covered by the Rule 6(2)(ii) may include Constitutional bodies, Statutory organisations, Commissions, Regulatory Authorities and organisations like Universities with functional autonomy created under Constitutional and statutory provisions. These organisations may opt for the Central Staffing Scheme or not opt for the same. (ii) Financial Autonomy - Organisations with less than 50% share of government funding or organisations where Government is not a majority shareholder. (iii) Power to give directions - Organisations over which the Government has no power to give directions. The nature of byelaws and the power to guide would be important, for example, in the case of the Food Corporation of India (FCI). Organisations where Government officials hold ex officio positions cannot be considered as autonomous ### 2. Deputations to the international agencies shall be regulated in terms of Consolidated Instructions on Foreign Assignments issued from time to time. ### 3. The inclusion of organisations under the Registrations of Companies Act may be examined separately. ### 4. Deputations under rule 6(2) (ii) shall not be allowed to those private bodies: a. which are or have relations with organisations of a political, religious or sectarian nature. b. Against which any FIR has been lodged or charge sheet filed or case pending for a violation of any law of the land, including private bodies which have in the past been convicted in a court of law for violation of any law of the land. The borrowing private body shall have to give a mandatory certificate in this regard. ### 5. The general principle of public interest shall be the overriding factor in deciding deputations under this rule to private bodies. Factors such as general reputation of the private body and the nature of its business shall also be examined in each case. The competent authority shall also see whether there is any enrichment of the experience of the officer by such deputation. ### 6. FCRA clearance shall be required for deputation to an organisation receiving foreign donations. ### 7. All deputations under Rule 6(2) (ii) shall be considered only with the consent of the officer concerned and the approval of the cadre controlling authority. Cadre Controlling Authority would mean the State Government concerned if the officer is in his cadre. If the officer is with the Government of India, then it would mean the Ministry of Home Affairs in the case of IPS officers, MOEF in the case of IfoS officers. This approval is a precondition for the cases being placed in the Committee detailed in Para 8 below. In the case of IAS officers serving in the Government of India, since the Committee at Para 8 below also includes Secretary(P) the proposals would directly be placed before the Committee. ### 8. A Committee under the Chairmanship of Cabinet Secretary comprising Secretary(P) , Finance Secretary may be set up to screen, on a case to case basis, applications/requests seeking deputation under 6(2)(ii). For officers below the Joint Secretary level to Government of India, the recommendations of the Committee shall be approved by the MOS(PP). For officers of the level of JS and above the recommendations of the Committee would be routed through MOS(PP) to PM for approval. ### 9. No deputation under Rule 6(2) (ii) can be considered, under any circumstances, as a mandatory posting. ### 10. A member of Service shall be eligible for deputation under Rule 6(2) (ii) only after he has served for at least 9 years in his/her cadre. ### 11. A member of Service shall be eligible for deputation under Rule 6(2) (ii) only if he is clear from vigilance angle. ### 12. For deputation under Rule 6(2) (ii) the officer should not have dealt with the borrowing organisation in the last five years. ### 13. An officer shall not be allowed to proceed on deputation to organizations in which he or any of his blood relations is connected with the setting up/management of the organization. ### 14. Mode of selection for the post may be based on advertisement, nomination or direct offer. For international organisations, these form part of the Consolidated Instructions. ### 15. An officer of service may be allowed deputation for an initial period of maximum of 5 years under Rule 6(2) (ii) and a maximum of 7 years of deputation can be allowed in the first 30 years of service. There shall be a minimum cooling off of three years between two stretches of deputation under Rule 6(2)(ii) in the first 30 years of service. Beyond 30 years of service, there shall be no limit to the period of deputation. ### 16. The limit of 5 years in one stretch and 7 years in the entire career shall not be extended under any circumstances. The officer shall be deemed to have resigned from service in case he/she fails to join the Government within one month of completion of his/her approved tenure with the concerned organisation. ### 17. In the first 30 years of service, an officer shall have to undergo a cooling off period of 3 years at the end of completion of deputation under Rule 6(2) (ii). If an officer is on deputation under Rule 6(2)(ii) at the time of completing 30 years of service, he shall have to undergo a cooling period of one year. Beyond 30 years of service, there shall be no requirement of cooling off, for officers completing a period of deputation under Rule 6(2)(ii). ### 18. While serving in Constitutional/statutory/ multilateral or bilateral organisation/international financial organisations, the officer shall be eligible to draw pay and allowances as per the scheme of the borrowing organisation. In the other organisations, the officer may opt for his grade pay or the pay of the post, whichever is more beneficial to him. The concerned organisation would also be required to pay the cost of retirement benefits/leave salary etc. of the officer failing which the officer shall pay to the concerned State Government on whose cadre he is borne. ### 19. While on deputation, the service conditions of the officer shall continue to be regulated under the relevant All India Service Rules. Other terms and conditions may be in accordance with standard terms devised from time to time. ### 20. The provisions of paying to the Government 1/3rd of the amount of fee earned by the officer during short-term assignments with international organisations may also be removed. This distinction between international organizations and other national organizations under Rule 6(2) (ii) may be modified in this respect also. ### 21. Participation in the pension scheme - The officers deputed, except to Constitutional bodies, which may have their own regular pension schemes, shall not be permitted to join the pension schemes of the organization under any circumstances. A member may join the Pension scheme of the UN bodies in accordance with the relevant rules. On joining the same, the service rendered by the officer during the deputation period shall not be counted as qualifying for pension. ### 22. The entire expenditure in respect of pension and leave salary contribution for the period of deputation shall be borne by the borrowing organization, failing which by the member of the Service. However those allowed joining the pension schemes of the organizations mentioned above, shall not be required to make pension contributions. ### 23. Performance appraisal/ACRs during the period of deputation - The Competent Authority in the organisation accepting the officer shall provide an ACR/Performance appraisal written in such form as prescribed under rules. The report shall be place in the PAR dossier and treated as mandatory input for empanelment and promotion. ### 24. The terms and conditions of deputation shall be finalised by he concerned State Government, if the officer is in the cadre. If the officer is in the Government of India, the Ministry concerned i.e. Ministry of Home Affairs in the case of IPS, MOEF in the case of IFOS and DOPT in the case of IAS shall finalise the same. However, this may be done in accordance with the standard terms and conditions prescribed by the DOPT. ### 25. Notwithstanding anything above, the Government shall have the absolute right to refuse permission or recall an officer from a period of deputation under Rule 6(2) (ii). ### 26. The above principles may be applied to other services and guidelines prepared for the Central Services. ### 27. An officer on deputation under Rule 6(2) (ii) shall be considered for empanelment on his turn by taking into account the ACRs/PARs written by the borrowing organisations during the period of deputation. In other words, empanelment shall not be postponed on the grounds that an officer is on deputation under Rule 6(2)(ii). ### 28. Deputation under Rule 6(2) (ii) or intercadre deputation or deputation under the Consolidated Instructions on Foreign Assignment shall not be allowed until an officer has completed 9 years of service in his cadre. ### 29. The total period of deputation under Rule 6(2) (ii), intercadre deputation and deputation under Consolidated Instructions on Foreign Assignments in the first 30 years of service shall not exceed 10 years. ### 30. In the first 30 years of service, there shall be a cooling off of three years after a period of deputation under Rule 6(2) (ii), intercadre deputation and deputation under Consolidated Instructions on Foreign Assignments. ### 31. In the first 30 years of service, absence from the cadre shall not exceed 7 years at a stretch as a result of deputation under Rule 6(2) (ii), intercadre deputation and deputation under Consolidated Instructions on Foreign Assignments. ### 32. The above (Paras 28-31) shall not apply to the North East cadres for which certain special dispensations have been made. (Guidelines issued vide letter no.. 14017/33/2005-AIS(II) (Part I) dated 27th December, 2006) III. Revised Standard Terms and Conditions for Deputation of All India Services Officers under Rule 6(2) (ii) of The IAS (Cadre) Rules, 1954 and Similar Cadre Rules of IPS and IFS. I am directed to refer to this Department's letter No. 29018/3/97-AIS(II) dated 10th August, 1998 and 29018/5/2001-AIS(II) dated 21/8/2002, issuing terms and conditions for deputation of All India Services officers to public sector undertakings etc. This Department has issued the aforesaid standard terms and conditions for deputation of All India Services officers to public sector undertakings and on other foreign services for regulating various aspects of their deputation in such organizations. ### 2. A need has been felt in view of issue of the guidelines for consideration of deputation proposal under Rule 6(2) (ii) of the respective cadre rules of the All India Services to revise the aforesaid standard terms and conditions so as to bring it at par with the standard terms and conditions prevalent for the counter-parts in the Central Civil Services. Accordingly the existing standard terms and conditions for deputation of AIS officers under Rule 6(2)(ii) of the respective cadre rules have been reexamined and a revised set thereof is enclosed. This new set of standard terms and conditions is effective w.e.f. 27th December, 2006. It will also be applicable to the All India Services officers who are presently on deputation, but the benefits of the revised standard terms and conditions will be available w.e.f. 27th December, 2006 only. Cases in which an officer has ceased to be on deputation prior to 27/12/2006 need not be re-opened for purposes of these Rules. ### 3. The terms and conditions of deputation shall be finalised by the concerned State Government, if the officer is in the cadre. If the officer is in the Government of India, the Ministry concerned i.e. Ministry of Home Affairs in the case of IPS, MOEF in the case of IFOS and DOPT in the case of IAS shall finalise the same. However, this may be done in accordance with the standard terms and conditions prescribed by the DOPT. Standard Terms and Conditions for All India Services Officers Proceeding on Deputation under Rule 6(2) (ii) of IAS Cadre Rules, 1954 and Similar Cadre Rules of IPS and IFS ### 1. Period of Deputation: From...................to......................................... (Details as per approval of the competent authority) ### 2. Pay: While serving in Constitutional/statutory/ multilateral or bilateral organisation/international financial organisations, the officer shall be eligible to draw pay and allowances as per the scheme of the borrowing organisation. In the other organisations, the officer may opt for his grade pay or the pay of the post, whichever is more beneficial to him. This grade pay should be pay of the post which he held immediately before proceeding to the deputation post and he was promoted to the post in his cadre in accordance with the rule and Government of India decisions in this regard. The member of the service may opt the pay scale of the post in the borrowing organization instead of his grade pay. He will be given further option in case if there is any change in the substantive notional pay in his parent cadre. ### 3. Deputation Allowance: A member of the service while on deputation will be eligible to draw deputation allowance wherever admissible in case he has given option to draw his grade pay of the cadre. However, he will not be eligible to draw deputation allowance if he opts for pay of the post of the borrowing organization. ### 4. Dearness Allowance: If a member of the service has given option to draw his grade pay of the cadre post, alongwith deputation allowance, if any, he will be eligible to draw dearness allowance at the Central Government rates. However, in case the member of the service has opted for pay of the post in the borrowing organization, this allowance would be admissible as per the existing rules of the borrowing organization. ### 5. City Compensatory Allowance: If a member of the service has opted for his grade pay of the cadre post, the City Compensatory Allowance would be applicable as per the Central Government rules otherwise this will be regulated in accordance with the existing provisions of the borrowing organization. ### 6. House Rent Allowance: If a member of the service has opted for drawing his grade pay of the cadre he would be required to pay 10% of the pay plus DA/DP and CCA or the prescribed license fee for similar class of accommodation in the Government, whichever is lower. However, if the officer has opted to draw pay scale of the post of the borrowing organization this will be regulated as per existing rules of that organization. ### 7. Transfer T.A./Joining Time: A member of the service will be entitled to TA and Joining Time both on joining the post on deputation and on reversion under the rules of the borrowing organization which shall not be inferior to the relevant provisions of the AIS Rules. The expenditure on this account will be borne by the borrowing organization. ### 8. TA/DA for journey on duty: A member of the service will be paid Traveling Allowance and Daily Allowance by the borrowing organization under its own rule for the journey undertaken by him in connection with the official work under that organization whether in India or abroad, which shall not be inferior to the relevant provisions of the All India Services Rules. ### 9. Medical facilities: The borrowing organization shall afford to a member of the service medical facilities not inferior to those which are admissible to an All India Service Officer of the same status under Central Government rules on the subject. ### 10. Leave and Pension: During the period of deputation, a member of the service will continue to be governed by the All India Services(Leave) Rules, 1955 and the All India Services(DCRB) Rules, 1958. The entire expenditure in respect of leave and pension contributions shall be borne by the borrowing organization failing which by the member of the service himself. The member of the service shall not be allowed to join any of the pension schemes of the borrowing organization. ### 11. Provident Fund: During the period of foreign service, a member of the service will continue to subscribe to the AIS(Provident Fund) Scheme to which he was subscribing at the time of proceeding on foreign service in accordance with the rules of such fund. ### 12. Conduct, Discipline and Appeal Rules: A member of the service shall continue to be governed by the All India Services(Conduct) Rules, 1968 and All India Services(Discipline and Appeal) Rules, 1969. ### 13. Leave Travel Concession: The organization shall allow Leave Travel Concession to a member of the service as admissible under its own rules provided these are not inferior to those admissible to him under the AIS(LTC) Rules, 1975. The whole expenditure in this regard shall be met by the borrowing organization. This is, however, subject to the condition that the officer had not already, before proceeding on deputation, availed of the concession during the particular block years period of his deputation. ### 14. Disability Leave: The borrowing organization will be liable to pay leave emoluments in respect of disability leave, if any, granted to a member of the service on account of any disability incurred in and through foreign service even though such disability manifests itself after termination of foreign service. The relevant AIS rules will be applicable in such cases. ### 15. Leave Salary/Pension Contributions: Participation in the pension scheme - The officers deputed, except to Constitutional bodies, which may have their own regular pension schemes, shall not be permitted to join the pension schemes of the organization under any circumstances. A member may join the Pension scheme of the UN bodies in accordance with the relevant rules. On joining the same, the service rendered by the officer during the deputation period shall not be counted as qualifying for pension. The entire expenditure in respect of pension and leave salary contribution for the period of deputation shall be borne by the borrowing organization, failing which by the member of the Service. However those allowed joining the pension schemes of the organizations mentioned above, shall not be required to make pension contributions. The organization will pay to the Government of the parent cadre of the member of the service leave salary and pension contributions at the rates in force from time to time in accordance with the orders issued by the President under F.R. 116. The payment of these contributions must be paid annually within 15 days from the end of each financial year or at the end of foreign service if the deputation expires before the end of a financial year. Delayed payment will attract liability of payment of interest in terms of the instructions contained in the Ministry of Finance's Notification No. F.1(1) - E.III/83 dated the 10th August, 1983, as amended from time to time. Pending intimation of the rates of Leave Salary and Pension Contributions by the concerned Accountant General, the organization shall pay Leave Salary and Pension Contributions provisionally at the prescribed rates. ### 16. Group Insurance: If a member of the service has not opted out of the Central Government Employees Group Insurance Scheme, 1980, before 31.12.1981, the said scheme as appended to the Schedule to the AIS(Group Insurance) Rules, 1981, shall be applicable to him. In that case, an amount of deducted from his salary as per prescribed rates as subscription towards the Insurance Scheme shall be remitted to the concerned Accountant General by the organization. If at any time the recovery of subscription falls in arrears, the same shall be recovered with interest admissible under the Scheme on the accretions to the Saving Fund. ### 17. Performance appraisal/ACRs during the period of deputation - The Competent Authority in the organisation accepting the officer shall provide an ACR/Performance appraisal written in such form as prescribed under rules. The report shall be place in the PAR dossier and treated as mandatory input for empanelment and promotion. ### 18. Notwithstanding anything above, the Government shall have the absolute right to refuse permission or recall an officer from a period of deputation under Rule 6(2) (ii). ### 19. Residuary Matters: In all matters relating to conditions of service and benefits/facilities and perquisites in the borrowing organization not covered by Item 1 to 16 above, a member of the service shall be governed by the existing rules, regulations and orders of the borrowing organization The above mentioned terms and conditions would be applicable till the member of the service remains on deputation with the borrowing organization. On reversion from deputation, he/she will be governed by the relevant rules laid down for the All India Services Officers. (Instructions issued vide DOPT's letter no.14017/3/2007-AIS(II) , dated 6th March, 2007) IV. Consolidated Deputation Guidelines for AIS Officers Dated 28/11/2007 The guidelines for the All India Services with respect to Rule 6 of the IAS(Cadre) Rules and analogous provisions in the IPS (Cadre) Rules and IFoS (Cadre) Rules are consolidated as follows:- ### 1. Rule 6(1) "A cadre officer may, with the concurrence of the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government or under a company, association or body or individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government or by another State Government ." 1.1 Central Staffing Scheme:- Posts that are to be covered: Ministries/Departments of Government of India Procedure to be followed for appointment: Civil Services Board (JS and below), with ACC approval for JS and above Tenure to be applicable: US level - 3 years DS level - 4 years Dir level - 5 years JS level - 5 years JS/AS level - 7 years (subject to 3 years in the second post, and also subject further to a minimum of 5 years in the Centre.) AS level - 4 years Secy level - no ceiling. 1.2 Non-Central Staffing Scheme posts:- 1.2.1 Posts that are to be covered: Autonomous Institutions wholly or substantially funded or controlled by the Central Government. Procedure to be followed for appointment: Search-cum-Selection Committee process as laid down in DoPT Office Memorandum No. 28/13/2006-EO(SM.II) dated 03/07/2006 OR as per approved RRs OR as per statutory provisions for institutions covered by specific status (with ACC approval for Chief Executives carrying pay scales of Rs.18400-22400 or above). Tenure to be applicable: As provided under the Central Staffing Scheme. 1.2.2 Posts that are to be covered: CVOs Procedure to be followed for appointment: From DOPT panel with concurrence of CVC and Ministry concerned (with ACC approval for JS and above), i.e. as per current procedure. Tenure to be applicable: Maximum of 5 years. (A deputation of 3 +3 years is permissible when an officer moves from one PSU to another). 1.2.3 Posts that are to be covered: Central PSUs or PSUs of another State or PSUs wholly or substantially owned and controlled by two or more States. Procedure to be followed for appointment: Subject to exemption from Immediate Absorption Rule through PESB/Search Committee (with ACC approval for JS and above) Tenure to be applicable: As provided under the Central Staffing Scheme. 1.2.4 Posts that are to be covered: Constitutional Bodies or staff officers of Heads of Constitutional Bodies Procedure to be followed for appointment: Civil Services Board OR on request by name, subject to vigilance clearance and suitability (with ACC approval for JS and above) Tenure to be applicable: As provided under the Central Staffing Scheme. 1.2.5 Posts that are to be covered: Statutory Bodies set up by an Act of Parliament or staff officers of Heads of such Statutory Bodies. Procedure to be followed for appointment: Civil Services Board OR on request by name, subject to vigilance clearance and suitability (with ACC approval for JS and above) Tenure to be applicable: As provided under the Central Staffing Scheme. 1.2.6 Posts that are to be covered: Non-permanent, Non-Statutory Bodies with a specific term set up through executive orders/notification by the Central Government-like Administrative Reforms Commissions, Pay Commission, National Manufacturing Competitiveness Commission, Sachar Committee, Inquiry Commissions, etc. Procedure to be followed for appointment: Civil Services Board (with ACC approval for JS and above) Tenure to be applicable: As provided under the Central Staffing Scheme. Provided that, if an officer moves from a CSS to a non-CSS post, or vice versa, she/he shall be eligible for an additional tenure of two years, subject to at least two years on either post. 1.3 Inter-Cadre Deputation. Posts that are to be covered: To another State Government Procedure to be followed for appointment: With the concurrence of the State Government on whose cadre the officer is borne and the borrowing State Government, and with the approval of the Central Government, as per the terms laid down in DoPT O.M. No.13017/16/2003-AIS(I) dated 08/11/2004 and subsequent O.Ms dated 31/10/2005 and 03/10/2007. Tenure to be applicable: Maximum of 5 years, provided that the officer has completed 9 years in his own cadre and has not reached the Super-time Scale. ### 2. Rule 6(2) (i) "A Cadre officer may also be deputed for service under a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by a State Government, a Municipal Corporation or a Local Body, by the State Government on whose cadre she/he is borne." Deputation within the State Government on whose cadre the officer is borne. Posts that are to be covered: (i) A Municipal Corporation or a Local Body of the State. (ii) State Government PSUs (iii) Training/Research/Educational Institutions wholly or substantially funded or controlled by the State Government. (iv) Autonomous Institutions wholly or substantially funded or controlled by the State Government. (v) A registered Trust or Society or Association or Body of Individuals wholly or substantially funded or controlled by the State Government. Procedure to be followed for appointment: Appointment by the State Government. Tenure to be Applicable: As decided by the State Government. Note: Service in any of these posts shall count towards Cooling Off provided that posts mentioned in (iv) and (v) shall count towards Cooling off only if they are located within the State. ### 3. Rule 6(2) (ii) "A Cadre officer may also be deputed for service under an international organization, an autonomous body not controlled by the Government, or a private body, by the Central Government in consultation with the State Government on whose cadre she/he is borne." 3.1 Deputation under Rule 6(2) (ii) to International Organizations. Posts that are to be covered: (i) UN Organizations. (ii) International Financial Institutions like World Bank, IMF, ADB, etc. (iii) Multilateral organizations of which India is a member, like IAEA, WTO, Commonwealth Organization, International Court of Justice, SAARC etc. (iv) Bilateral Bodies set up under the Vienna Convention, i.e. Embassies and Bodies set up under them, like USAID, DFID, NORAD, etc. (v) International NGOs or Funding Organizations from which India receives technical/financial assistance like International Red Cross Society, Action Aid, Aga Khan Foundation, Ford Foundation, etc. Procedure to be followed for appointment: With the approval of the Committee under the chairmanship of the Cabinet Secretary comprising Secretary (P) and Finance Secretary (with PM's approval for JS and above); Provided that for appointment to posts listed at (iv) , the Foreign Secretary or the MEA Secretary concerned shall also be a member of the Committee. Provided further that for appointments to posts listed at (v) , the concurrence of MHA shall be taken. Tenure to be applicable: Maximum of 5 years at a stretch. Note: All other conditions laid down in DOPT Guidelines contained in F.No. 14017/33/2005-AIS (II) (Part I) dated 27/12/2006 and PMO ID dated 01/05/2007 shall be applicable. 3.2 Deputation under Rule 6(2) (ii) to an autonomous body, trust, society, etc. not controlled by the Government, or a private body. Posts that are to be covered : (i) Registered Societies or Trusts or Foundations or non-profit organizations or NGOs or cooperatives; (ii) Apex bodies of Industries and Commerce; Provided that such autonomous or private bodies fulfill all four of the following criteria: a. they are functionally autonomous of the Central and Sate Governments; b. they are not substantially funded by the Central and State Governments; c. the Central or State Governments do not have powers to give them directions; and d. they are not companies registered under the Registration of Companies Act. Procedure to be followed for appointment: With the approval of the Committee under the chairmanship of the Cabinet Secretary comprising Secretary (P) and Finance Secretary (with PM's approval for JS and above). Tenure to be applicable: Maximum of 5 years at a stretch. Provided that total period of deputation under all categories under Rule 6(2) (ii) shall not exceed a maximum of 7 years in the entire service. ### 4. Notwithstanding anything contained above regarding deputation tenures, I. absence from the cadre shall not exceed more than 7 years at a stretch for officers below the level of Secretary as a result of intercadre deputation and deputation under Rule 6(2) (ii); and II. the total period under inter-cadre deputation and deputation under Rule 6(2) (ii) shall not exceed 10 years in the entire career. ### 5. There shall be a mandatory "Cooling Off" requirement after every period of deputation under Rules 6(1) and 6(2) (ii). The length of such "Cooling Off" shall be as follows:- (i) For JS-level and below-3 years. (ii) For AS-level-1 year. (iii) For Secretary-level-nil. ### 6. Officers who are on deputation under Rule 6(2) (ii) would run the disqualification of not being considered for empanelment under the Central Staffing Scheme during the currency of their deputations, and also, till they earn ACRs on return to their cadre [instructions dated 27.12.2006, para 27, shall stand superseded in this respect] ### 7. The Consolidated Deputation Guidelines for All India Service Officers shall come into force with prospective effect. ### 8. Appointments for which orders have already been issued shall not be affected by these guidelines. ### 9. Nothing contained in the above guidelines shall affect or override the special dispensations provided for the North-East and deficit cadres, i.e. Chhatisgarh, Uttarakhand, Sikkim, Nagaland and Manipur-Tripura. ### 10. Existing detailed orders/rules regarding deputation under Rules 6(1) and 6(2) (ii), tenure and "Cooling Off" requirements, CIFA Rules and empanelment norms may be modified accordingly. V. Consolidated Deputation Guidelines For All India Services. I am directed to refer to the above subject and to state that the Consolidated Deputation Guidelines for All India Service officers issued vide this Department's letter of even number dated 28/11/2007 has been reviewed by the Competent Authority. In this regard the decision taken is hereby conveyed for information and guidance: ### 1. The proposals for extension of deputation under Rule 6(2) (ii) of the IAS (Cadre) Rules, 1954 will be examined as per the conditions of the new Consolidated Deputation Guidelines. ### 2. Since the requirement of 'cooling off' is to ensure that an officer does not stay away from his cadre for long stretches at a time, there shall be no objection if an officer on central deputation is permitted deputation under Rule 6(2) (ii) to the limit of approved Central Deputation tenure without cooling off. ### 3. The above is subject to the overall tenure ceilings under the Consolidated Guidelines. (Instructions issued vide DOPT's letter no. 14017/33/2005-AIS(II) (Pt.I) dated the 14th March, 2008) Government of India's Decisions under Rule 9: - 1. One of the objects of the procedure laid down in this rule is to ensure that a non-cadre officer is not appointed to a cadre post, if a suitable cadre officer is available. Thus, while the suitability of an officer included in the Select List for officiation in a cadre post cannot ordinarily be in doubt, the question to be examined in making all appointments to cadre posts is whether a suitable cadre officer is available or not, vide sub-rules (3) and (4). It has, therefore, been decided that even in a case where an officer included in the Select List is appointed in an officiating capacity to a cadre post, the requirements of this rule should be fully complied with. [G.I., MHA letter No. 9/30/62-AIS(I) , dated 31.8.1962.] ### 2. As the filling of a cadre post by a non-cadre officer is permitted under rule 9, it has been held that it would be within its scope if a non-cadre officer, while holding a non-cadre post in addition discharges the duties and functions of a cadre post. Such arrangements should not, however, last for more than three months. [G.I. MHA letter No. 6/17/64-AIS-(I) , dated 8.4.1965.] 3.1 The Government of India have been advised that while making temporary appointments of Select List officers to cadre posts under rule 9 of the Cadre Rules, the order in which their names appear on the Select List should be followed. Where administrative needs so require, a State Civil Service Officer may be appointed temporarily to a cadre post out of turn for a period not exceeding three months to the extent permitted by rule 9 of the Cadre Rules. If the out of turn officiation of Select List officer exceeds the period of three months it would be incumbent on the part of the Central Government to refuse the continuance of the Select List officer in such temporary officiation, and to require that the post be filled by the Select list officer who is not in order in the Select List. It is also open to the Central Government under rule 9 of the Cadre Rules to give directions for the appointment of a cadre officer to a cadre post in place of , or instead of, a Select List officer. 3.2 It was further being held that no benefit in the matter of seniority, pay and probation will be admissible to a Select List officer appointed to a cadre post out of turn beyond the period of three months from the date of temporary appointment. [G.I. MHA letter No. 14/51/65-AIS(III) dated 21.2.1966]. ### 4. The Government of India have held that it is ultra vires of the All-India Services Act, 1951, to regulate appointments of non-cadre officers (whether in the Select List or not) in non-cadre posts (whether declared equivalent to a cadre post or not) under Rule 9 of the Cadre Rules. Consequently, there is no question of approval of the Government of India being accorded in the case of a Select List Officer holding a non-cadre post or a post temporarily added to the cadre, under rule 9 of the Cadre Rules. [G.I., MHA letter No. 15/79/69-AIS(III) , dated 17.10.1966.] Government of India's Instructions under Rule 9: - 1.1. The Government of India have advised the State Governments that they should keep in view the legal position explained in the note appended to the Ministry of Home Affairs letter No. 14/51/65 AIS(II) , dated 21-2-1966 regarding the scope of regulation 8 of the I.A.S. (Appointment by Promotion) Regulation, 1955, and rule 9 of the I.A.S. (Cadre) Rules, 1954, while appointing non-cadre officers (Select List officers) to officiate in cadre posts. 1.2 The State Governments have also been advised that while making reference to the Government of India, they should furnish information in the revised proforma, reproduced below:- Proforma Part I – {| ------------- |- | 1. Name of the State | | |- | 2. Name of the Officer proposed to be appointed to the IAS/IPS cadre post for a period exceeding six months | | |- | 3. Designation of the post held | | |- | 4. Is the post mentioned against Col.3 above is a cadre post specified in item 1 of the Cadre Schedule | | |- | 5. Date of appointment | | |- | 6. The period upto which the appointment is proposed to be made | | |- | 7. The reasons for holding that no suitable cadre officer is available for filling the IAS/IPS cadre post | | |- | 8. (a) Cadre strength | | |- | (b) Direct Recruitment Quota | | |- | (c) Promotion Quota | | |- | 9. No. of non-cadre officers holding cadre posts | | |- | 10. (a) Whether the officer(s) proposed for appointment in cadre post(s) figure(s) in the current Select List for Promotion to the IAS/IPS | | |- | (b) If so, whether all the officers placed above him in the Select List are officiating in cadre posts | | |- | 11. Particulars of the senior most officer in the Junior Scale of the IAS/IPS in the State | | |- | 12. Whether there are any officers senior to those in 10 above who are not holding cadre posts. (Please furnish details in Part II). | Sanctioned | Actual |} Part II – Position of officer in the current select list senior to the officer(s) mentioned in column 2 of Part I ------------------------------------------------------------------------------------------------------------------- | | | | | | | | --- | --- | --- | --- | --- | --- | | SI.No. | Name of the officer (arranged in the order of names in the current select list) | Date from which continuously officiating in cadre post | Designation of the cadre post (Specified in item (1) of the cadre schedule) held by officer | No. & Date of the GOI's communication approving the officiation | Departure if any from the order of the names in the current Select List in making officiation arrangements. Give reasons. | Note - The phrase 'Cadre Post' wherever used in Part I & II of this proforma means senior duty post specified in item 1 of the Cadre strength. [G.I.,MHA letter No. 6/54/64-AIS(I) , dated 26.3.1966.] ### 2. ### 1. The Government of India have clarified the scope of Rule 9 of the Cadre Rules as follows:- (a) The report under sub-rule (2) of rule 9 of the I.A.S./I.P.S. (Cadre) Rules, 1954, is to be made when a non-cadre officer is appointed to a cadre post for a period exceeding three months, i.e., the period may be six months or more than six months, but it should exceed three months. The period exceeding 6 months has, therefore, no relevance whatsoever to the report to be made under sub-rule 2 of rule 9 of the Cadre Rules. The report under the said sub-rule may not be made only once in all cases but it may be made subsequently every time, if it is proposed by the State Government to further extend the initial period of the appointment exceeding three months. (b) Sub-rule (3) of the I.A.S./I.P.S. (Cadre) Rules, 1954, is self-contained and independent of the provisions contained in sub-rules (1), (2) and (4) of the said rule. Sub-rule (3) of rule 9 of the Cadre Rules empowers the Central Government to give directions to the State Government at any time to terminate the temporary appointment of a non-cadre officer to a cadre post, even without any report from the State Government whether the period is less than three months or more than six months. The words " or otherwise " occurring in sub-rule (3) of rule 9 of the Cadre Rules are of great significance in this context and leave no scope for doubt. (c) Sub rule (4) of rule 9 of the Cadre Rules does not place any restriction on the aforesaid powers of the Central Government under sub-rule (3) of rule 9 . The matter is to be referred to the Union Public Service Commission when the Central Government comes to the conclusion that no suitable cadre officer is available for filling the cadre post in question and does not want to terminate the appointment of the non-cadre officer under sub-rule (3) of the said Rules Suitable directions are then issued by the Central Government to the State Government Concerned in the light of the advice given by the Union Public Service Commission. Such directions may contemplate termination of appointment of the non-cadre officer on availability of a suitable cadre officer or after a specified period or may stipulate other conditions. Again the arrangement contemplated by the directions may be terminated by the Central Government at any time under the powers vested in it by sub-rule (3) of rule 9 of the Cadre Rules. (d) According to rule 8 read with rule 9, of the IAS/IPS (Cadre) Rules,1954, a non-cadre officer has to be replaced by a suitable cadre officer as soon as one becomes available. The appointment of non-cadre officer (Select List Officer etc.) to hold the cadre post as a stop gap arrangement pending availability of a suitable cadre officer does not give him any right to continue to hold the cadre post even after a suitable cadre officer becomes available. (e) The inclusion of the name of a State Civil Service officer in the Select List does not confer any right on him, nor does he become a promoted officer merely by virtue of such inclusion. Appointment of non-cadre officers (Select List Officer) to cadre posts under rule 9 of the Cadre Rules is a purely temporary arrangement which may be terminated at any time when the Central Government or the State Government or the State Government concerned finds that suitable cadre officers have become available. The Select List officers cannot be equated with the direct recruits who are members of the service and are entitled to hold senior posts. 2.2 The State Government have been advised to keep the above instructions in view while sending reports/proposals under rule 9 of the cadre Rules to the Government of India. [G.I., MHA letter No. 1/1/67-AIS(III) , dated 11.1.1967.] Government of India's Decision under Rule 10: - 1.1. Instances have come to the notice of the Government of India in which State Government kept in abeyance I.A.S. cadre posts under their control, under this rule and simultaneously created, in lieu, ex-cadre posts involving identical duties and responsibilities but carrying remuneration different from (generally above) that laid down for the corresponding cadre posts. 1.2 The Government of India are of the view that, as a general rule, action of this nature not only has the effect of altering the structure of the State I.A.S. cadre concerned, but also tends to defeat more than one object embodied in the All India Services Rules. The rules do not necessarily require the appointment of a cadre officer to an ex-cadre post of this type. The appointment of a non-cadre officer to what should really be a cadre post would be open to obvious objection; but so also would the appointment of a cadre officer to an ex-cadre post which, by the very nature of duties and responsibilities involved, should actually be a cadre post. The holding in abeyance of certain cadre posts, and their substitution by ex-cadre posts carrying different scales of rates or pay as well as status would thus result in an artificial exclusion of certain posts from the cadre. Such appointments generally mean a departure from the Pay Rules, and result in a distortion of the cadre structure. In certain circumstances, there may well be reason to consider, the upgrading of a cadre post from the senior time-scale to super time-scale on account of enhanced, responsibilities. The proper course to adopt, in such cases, would, however, be for the State Government to justify the upgrading of the post in question and make appropriate proposals to the Central Government for a revision of the State Cadre Schedule. In considering such proposals, the need for maintaining a broad measure of all-India uniformity would, no doubt, have to be borne in mind. 1.3 Under this rule, the State Governments are required to make a report to the Central Government in all cases in which the State Government propose to keep a cadre post vacant for a period exceeding six months. The rule also lays down the various particulars which are required to be furnished to the Central Government in such reports. The purpose of the rule is to ensure that there is adequate justification for the extension of such extraordinary arrangement beyond a period of six months and its spirit is generally to discourage their indefinite continuance. The rule, as at present worded, leaves it to the State Government to hold cadre posts in abeyance when required. The corresponding arrangements in the case of the ex-Secretary of State's Services was different. The then Provincial Governments were advised by the late Home Department that, although it was correct that Provincial Governments had power to create posts and to fix the pay thereof, it was never intended that the provisions of the Reserve Posts (I.C.C.S.) Rules should be used in conjunction with those powers to alter the construction of the cadre of a Service sanctioned by the Secretary of State. They were also advised that the holding in abeyance of a 'reserved post' and the substitution for it of a superior 'unreserved post' would render nugatory the relevant provisions of the Act of 1935 relating to All-India Services, created by the Secretary of State. It was therefore, enjoined on the Provincial Governments that Secretary of State's sanction would be necessary to the holding in abeyance of a reserved post and creation in its place of a temporary post different in status. 1.4 The general considerations relating to the organisation and working of All India Services broadly continue to be the same. A suggestion has, therefore, been made that a provision be added in this rule to the effect that cadre posts shall not be kept vacant or held in abeyance for periods exceeding six months without the approval of the Central Government. Such an amendment would not only be justified on the basis of past precedent, but on the requirements of the present situation as well, and above all, on account of the need for maintaining the all-India character of the I.A.S. In fact, it has always been the intention that the holding of cadre posts in abeyance should be resorted to only in exceptional circumstances, and although this rule does not specifically provide for the Central Government's approval to the continued holding in abeyance of a cadre post for period exceeding six months, the spirit of the rule, no doubt, is to discourage the practice and to ensure that in every case in which it is resorted to, the action is fully justified on the basis of various important consideration of which some find mention in these rules itself. 1.5 The Government of India is of the view that it would be quite inappropriate to hold a cadre post in abeyance and simultaneously to create in lieu an ex-cadre post involving identical duties and responsibilities, but with a different status and pay attached to it. However, they do not wish to suggest the addition of a provision of this rule on the lines indicated above, and trust that the State Governments would agree to act according to the views expressed in the preceding paragraphs and to the spirit of this rule, thereby obviating the need for any formal amplification of the rule in the manner proposed. 1.6 It is also observed that instances of cadre officers holding ex-cadre posts, and of non-cadre officers holding cadre posts generally tend to be large in number. The Government of India are of the view that this is not a satisfactory position and the State Governments might as a matter of general policy employ cadre officers as far as possible on cadre posts. [G.I. M.H.A. letter No. 6/43/62-AIS(I) , dated 2.9.1963.] Government of India's Decisions under Rule 11: - 1.1. The term 'equivalent post' includes a post in a body, incorporated or not, which is wholly or substantially owned by the Government i.e., a post of foreign service, in view of the provisions contained in sub-rules (2) and (3) of rule 9 of the Pay Rules. Thus the provisions of rule 11 of the Cadre Rules are attracted where a cadre officer holds a cadre post and a post on foreign service simultaneously. 1.2 Combination of Government service with foreign service in one officer, is, however, not desirable and should be resorted to only in exceptional circumstances. [G.I. M.H.A. letter No. 5/2/65-AIS(I) , dated 30.4.1965.] # inserted vide DP&T No. 11033/05/2003-AISII, dated 24.08.2006.

65b991d4ab84c7eca86e95ee

acts

State of Meghalaya - Act -------------------------- The Khasi Hills Autonomous District Council (Court-Fees) Rules, 1976 ---------------------------------------------------------------------- MEGHALAYA India The Khasi Hills Autonomous District Council (Court-Fees) Rules, 1976 ====================================================================== Rule THE-KHASI-HILLS-AUTONOMOUS-DISTRICT-COUNCIL-COURT-FEES-RULES-1976 of 1976 -------------------------------------------------------------------------------- * Published on 14 August 1976 * Commenced on 14 August 1976 The Khasi Hills Autonomous District Council (Court-Fees) Rules, 1976 Published vide Notification No. DC/L/7/2/76/10, dated the 14th August, 1976 in the Gazette of Meghalaya dated the 24th March, 1977 Last Updated 19th February, 2020 Notification No. DC/L/VII/2/76/10, dated the 14th August, 1976. - Pursuant to paragraph 11 of the Sixth Schedule to the Constitution of India, the following Rules of the Khasi Hills Autonomous District Council are hereby published for general information: ### 1. Short title, extent and commencement. (1) These Rules may be called the Khasi Hills Autonomous District Council (Court Fees) Rules, 1976. (2) They shall extend to the whole of Khasi Hills Autonomous District. (3) [ They shall come into force with effect from 1st April, 1980. Savings. - Nothing in these rules shall apply to suits or cases or transactions instituted prior to 1st April, 1980.] [Substituted by the Khasi Hills Autonomous District Council (Court-Fees) (Amendment) Rules, 1980, Rule 2.] ### 2. Definitions. - In these Rules unless there is anything repugnant or the context otherwise requires- (a) "Court" means a Court constituted by the Khasi Hills Autonomous District Council under the Second Schedule to the Constitution of India. (b) "Executive Committee" means the Executive Committee of the Khasi Hills Autonomous District Council. (c) "Gazette" means the official Gazette of the State of Meghalaya. (d) "Khasi Hills Autonomous District Council" means the Khasi Hills Autonomous District Council as constituted under the Sixth Schedule to the Constitution of India. (e) "Judge" means the Judge of the District Council Court. (f) "Law" means any law, regulation or rules made by the Khasi Hills Autonomous District Council under the provisions of the Sixth Schedule to the Constitution of India, or any other law, regulation or rules in force in the Khasi Hills Autonomous District. (g) "Tribunal" means an election tribunal constituted by the authority of the Khasi Hills Autonomous District Council under the provisions of the United Khasi and Jaintia Hills Autonomous District (Appointment and Succession of Chiefs and Headmen) Act, 1959. ### 3. Application. - These rules shall apply to all suits, cases, appeals or proceedings before all Courts or Tribunals constituted by the Khasi Hills Autonomous District Council. ### 4. Fees on documents filed, etc., in Court. - No document of any of the kinds specified in the First or Second Schedule to these Rules as chargeable with fees shall be filed, exhibited or recorded in, or shall be received or furnished by, any Court or Tribunal constituted by the District Council in any suit, case, appeal or proceedings coming before such Court or Tribunal unless in respect of such document there has been paid as fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document. ### 5. Rate of fee in force on date of presentation to be applicable. - All fees shall be charged and paid under these Rules as the rate in force on the date on which the document chargeable to fee is or was presented. ### 6. Mode of payment of fees. - All fees referred to in Rule 4 or chargeable under these rules shall be collected by stamps or where on account of temporary shortage of stamps fees cannot be paid, and payment of fees cannot be indicated on documents by means of stamps; the fees may be paid in cash to such officer, as may be declared by the Court or Tribunal concerned who shall certify by endorsement on the document in respect of which the fee is paid, that the proper fees have been paid and state in the said endorsement the amount of the fees so paid. ### 7. Stamps to be impressed or adhesive. - The stamps used to denote any fee chargeable under these rules shall be impressed or adhesive, or partly impressed and partly adhesive, as the Executive Committee may, by notification in the Gazette from time to time, direct. ### 8. Bye-laws relating to supply, sale, etc., of stamps. (1) The Executive Committee may, from time to time, make regulations for regulating- (a) the supply of stamps to be used under these rules; (b) the number of stamps to be used for denoting any fees chargeable under these rules; (c) the renewal of damaged or spoiled stamps; (d) the keeping of accounts of all stamps unused under these rules; (e) the sale of stamps to be used under these rules, the person by whom alone such sale is to be conducted, the duties and remuneration of such persons; (f) the keeping of accounts and custody of money in respect of fees paid in cash. (2) All such regulations shall be published in the Gazette and thereupon shall have the force of law. ### 8A. [ [Inserted by the Khasi Hills Autonomous District Council (Court-Fees) (Amendment) Rules, 1980, Rule 3.] Pending the framing of bye-rules relating to the making, supply, sale, etc., of stamps, and until such time as the Executive Committee may, by notification, appoint for the use of stamps, all fees realisable under these rules either in the District Council Court or the Subordinate District Council Courts shall be in cash to be deposited at least once a week, if not earlier, by Treasury Challan to the District Fund of the Khasi Hills District Council and a Cash Book and Receipt Book shall be maintained for the said purpose, to be operated by the Sheristadar or any other officer of the Court under the orders and instruction of the Judge, Khasi Hills District Council Court. Provided that the Sheristadar or any officer entrusted with the handling of cash, issue of receipts thereof and responsibility for maintenance of the accounts shall offer a security of Rs. 500 to Rs.1,000 pledged to the Judge, Khasi Hills District Council Court.] ### 9. Penalty. - Any person appointed to sell stamps who disobeys any of the regulations made under Rule 8, and any person not so appointed who sells or offers for sale any stamp shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. ### 10. Procedure in case of difference as to necessity or amount of fee. (1) When any difference arises between the officer whose duty it is to see that any fee is paid under these rules and any suitor or attorney, as to the necessity of paying a fee or the amount thereof, the question shall be referred to the Court in which the difference arises, and its decision thereon shall be final, except when the question is in the opinion of such Court one of general importance, in which case it shall refer it to the final decision of the Judge. (2) The Courts concerned shall declare who shall be the officer for the purpose of sub-rule (1) of this rule and Rule 6. ### 11. Stamping documents inadvertently received. - No document which ought to bear Court Fee Stamps or for which cash payment of an equivalent amount ought to be paid under these rules shall be of any validity, unless and until it is properly stamped or an equivalent cash payment in lieu thereof is made. In case any such document is through mistake or inadvertence received, filed or used in any Court or Tribunal, without proper fees paid on it such Court or Tribunal, as the case may be, may, if it thinks fit, order that such document be stamped or the equivalent cash payment be made, whichever is applicable, and on such document being stamped or cash payment being made accordingly, the same and every proceeding relating thereto shall be as valid as if proper fees on it have been paid in the first instance. ### 12. Amended documents. - When any document is amended in order merely to correct a mistake and to make it conform to the original intention of the parties, it shall not be be necessary to impose a fresh fee. ### 13. Cancellation of stamp. - No document stamped under these rules shall be filed or acted upon in any proceeding under any law in any Court or Tribunal until the stamp has been cancelled by the officer so declared under sub-rule (2) of Rule 10 or a Certificate endorsed under Rule 6, as the case may be. ### 14. Admission in criminal matters of documents for which proper fee has not been paid. - Whenever the filing or exhibiting in a criminal matter in any Court of a document of which the proper fee has not been paid is in the opinion of such Court, necessary to prevent a failure of justice, nothing in these rules shall be deemed to prohibit, such filing or exhibition. ### 15. Power to reduce or remit fees. - The Executive Committee may, from time to time, by order notified in the Gazette reduce or remit in the whole or any part of the Territory under the administration of the Khasi Hills Autonomous District Council, all or any of the fees mentioned in the First or Second Schedule to these rules, and in like manner cancel or vary such order. ### 16. Process fees. - The Executive Committee, may, from time to time, by notification in the Gazette, fix the fees chargeable for serving and executing processes issued by the Courts in civil matters as well as criminal and, until such fixation the fees now leviable for serving and executing processes shall continue to be levied, and shall be deemed to be fees leviable under these rules. ### 17. Computation of fees payable in certain suits. - The fee payable under these rules in the suits next hereafter mentioned shall be computed as follows: (1) For money. In suits for money (including suits for damages or compensation or arrears of maintenance of annuities, or of other sums payable periodically-according to the amount claimed. (2) For maintenance and annuities. In suits for maintenance and annuities or other sums payable periodically-according to the value of the subject matter of the suit, and such value shall be deemed to be ten times the amount claimed to be payable for one year. (3) For movable property having a market value. In suits for movable property other than money where the subject matter has a market value according to such value at the date of presenting plaint. (4) In suits- (a) To enforce a right to share in joint family property. - to enforce the right to share in any property on the ground that it is joint family property; and (b) For easements - for the right to some benefits (not herein otherwise provided for) to arise out of land; and (c) For accounts - according to the amount at which the relief sought is valued in the plaint or memorandum of appeal. (5) In suits- For houses and gardens. - When the subject matter is house or garden-according to the market value of the house or garden. (6) To redeem to foreclose- In suits against a mortgage for the recovery of the property mortgaged; And in suits by a mortgagee to foreclose the mortgage; or where the mortgage is made by conditional sale to have the sale decided absolute-according to the principal money expressed to be secured by the instrument or mortgage. (7) For specific performance. - In suits for specific performance- (a) of a contract for sale - according to the amount of the consideration; (b) of contract of mortgage - according to the amount agreed to be secured; (c) of contract of lease - according to the aggregate amount of the fine or premium (if any) and of the rents agreed to be paid during the first year of the term; (d) of an award - according to the amount or value of the property in dispute. (8) For possession of lands, houses and gardens. - In suits for possession of land, house and garden-according to the value of the subject matter; and such value shall be deemed to be- Where the subject matter is land, and net profits have arisen from the land during the year next before the date of presenting the plaint-fifteen times such net profits. But where no such net profits have arisen therefrom-the amount at which the Court shall estimate with reference to the value of similar lands in the neighbourhood. For house and garden. Where the subject matter is house or garden-according to the market value of the house or garden. (9) Between landlord and tenant. - In the following suits between landlord and tenant: (a) for delivery by a tenant of the counterpart of a lease; (b) to enhance the rent of a tenant having a right of an occupancy; (c) for delivery by a landlord of a lease; (d) for the recovery of immovable property from the tenant, including a tenant holding over after determination of a tenancy; (e) to contest a notice of ejectment; (f) to recover the occupancy of immovable property for which a tenant has been illegally ejected by the landlord; and (g) for abatement of rent - according to the amount of the rent of immovable property to which the suit refers, payable for the year next before the date of presenting of plaint. I --- (See Rule 4) Ad-valorem fees | | | | | | | | --- | --- | --- | --- | --- | --- | | | Number | | | | Proper fee | | | (1) | | (2) | | (3) | | "1. | Plaint, written statement pleading a set-off or counterclaim or memorandum of appeal or of cross-objection presented to any Court or Tribunal | | When the amount or value of the subject-matter in dispute does not exceed one hundred rupees, for every five rupees or part thereof of such amount or value | | Re. 0.27 p. | | | | | and | | | | | | | When such amount or value exceeds one hundred rupees, for every ten rupees, or part thereof in excess of one hundred rupees, up to one hundred and fifty rupees | | Re. 0.37 p. | | | | | and | | | | | | | When such amount or value exceeds one hundred and fifty rupees, for every fifty rupees or part thereof up to one thousand rupees | | Re. 0.75 | | | | | and | | | | | | | When such amount or value exceeds one thousand rupees, for every one hundred rupees, or part thereof in excess of one thousand rupees up to seven thousand five hundred rupees | | Rs. 5.00 | | | | | and | | | | | | | When such amount or value exceeds seven thousand five hundred rupees, for every two hundred and fifty rupees, or part thereof, in excess of seven thousand five hundred rupees up to ten thousand rupees | | Rs. 10.00 | | | | | and | | | | | | | When such amount or value exceeds ten thousand rupees, for every five hundred rupees, or part thereof, in excess of ten thousand rupees, up to twenty thousand rupees | | Rs. 15.00 | | | | | and | | | | | | | When such amount or value exceeds twenty thousand rupees, for every one thousand rupees, or part thereof, in excess of twenty thousand rupees up to fifty thousand rupees | | Rs. 20.00 | | | | | and | | | | | | | When such amount or value exceeds fifty thousand rupees, for every five thousand rupees, or part thereof in excess of fifty thousand rupees | | Rs. 25.00 | | | | | Provided that maximum fee leviable on a plaint or memorandum of appeal shall not exceed Rs. 3,000-00. | | | | 2. | Copy of judgment or order not being or having the force of a decree | | (a) If the amount or value of the subject-matter is fifty or less than fifty rupees | | Rs. 1.10 p. | | | | | (b) If such amount or value of the subject-matter exceeds fifty rupees. | | Rs. 2.20 p. | | 3. | Copy of a decree or order having the force of a decree | | (a) If the amount or value of the subject-matter of the suit wherein such decree or order is made is fifty or less than fifty rupees | | Rs. 2.20 p. | | | | | (b) If such amount or value exceeds fifty rupees: | | Rs. 3.30 p. | | 4. | Application for review of judgment if presented before the ninetieth day from the date of the decree | | | | One-half of the fee leviable on the plaint or memorandum of appeal. | | 5. | Application for review of judgment, if presented on or after the ninetieth day from the date of the decree | | | | The fee leviable on the plaint or memorandum of appeal. | Table of rates ad valorem fees leviable on the institution of suits | | | | | --- | --- | --- | | When the amount or value of the subject-matter exceeds | But does not exceed | Proper fee | | (1) | (2) | (3) | | Rs. | Rs. | Rs. Np. | | 00 | 50 | 5.00 | | 50 | 70 | 5.50 | | 70 | 90 | 6.00 | | 90 | 100 | 7.50 | | 100 | 150 | 9.00 | | 150 | 200 | 10.00 | | 200 | 225 | 12.00 | | 225 | 250 | 14.00 | | 250 | 300 | 15.00 | | 300 | 310 | 17.00 | | 310 | 320 | 19.00 | | 320 | 330 | 21.00 | | 330 | 340 | 23.00 | | 340 | 350 | 25.00 | | 350 | 360 | 26.00 | | 360 | 370 | 28.70 | | 370 | 380 | 29.00 | | 380 | 390 | 30.00 | | 390 | 400 | 31.00 | | 400 | 410 | 32.00 | | 410 | 420 | 32.50 | | 420 | 430 | 33.00 | | 430 | 440 | 33.50 | | 440 | 450 | 34.00 | | 450 | 460 | 34.00 | | 460 | 470 | 35.00 | | 470 | 480 | 36.00 | | 480 | 490 | 36.50 | | 490 | 500 | 37.00 | | 500 | 510 | 38.00 | | 510 | 520 | 39.00 | | 520 | 530 | 40.00 | | 530 | 540 | 40.50 | | 540 | 550 | 41.00 | | 550 | 560 | 42.50 | | 560 | 570 | 42.40 | | 570 | 580 | 43.00 | | 580 | 590 | 44.00 | | 590 | 600 | 45.00 | | 600 | 610 | 46.00 | | 610 | 620 | 46.50 | | 620 | 630 | 47.00 | | 630 | 640 | 48.00 | | 640 | 650 | 48.50 | | 650 | 660 | 49.00 | | 660 | 670 | 50.00 | | 670 | 680 | 51.00 | | 680 | 690 | 51.50 | | 690 | 700 | 52.00 | | 700 | 710 | 53.00 | | 710 | 720 | 54.00 | | 720 | 730 | 55.00 | | 730 | 740 | 55.50 | | 740 | 750 | 56.00 | | 750 | 760 | 57.00 | | 760 | 770 | 58.00 | | 770 | 780 | 58.50 | | 780 | 790 | 59.00 | | 790 | 800 | 60.00 | | 800 | 810 | 60.50 | | 810 | 820 | 61.00 | | 820 | 830 | 62.00 | | 830 | 840 | 63.00 | | 840 | 850 | 64.00 | | 850 | 860 | 64.50 | | 860 | 870 | 65.00 | | 870 | 880 | 66.00 | | 880 | 890 | 67.00 | | 890 | 900 | 67.50 | | 900 | 910 | 68.00 | | 910 | 920 | 69.00 | | 920 | 930 | 70.00 | | 930 | 940 | 70.50 | | 940 | 950 | 71.00 | | 950 | 960 | 72.00 | | 960 | 970 | 73.00 | | 970 | 980 | 73.50 | | 980 | 990 | 74.00 | | 990 | 1,000 | 75.00 | | 1,000 | 1,100 | 80.00 | | 1,100 | 1,200 | 85.00 | | 1,200 | 1,300 | 90.00 | | 1,300 | 1,400 | 95.00 | | 1,400 | 1,500 | 100.00 | | 1,500 | 1,600 | 105.00 | | 1,600 | 1,700 | 110.00 | | 1,700 | 1,800 | 115.00 | | 1,800 | 1,900 | 120.00 | | 1,900 | 2,000 | 125.00 | | 2,000 | 2,100 | 130.00 | | 2,100 | 2,200 | 135.00 | | 2,200 | 2,300 | 140.00 | | 2,300 | 2,400 | 145.00 | | 2,400 | 2,500 | 150.00 | | 2,500 | 2,600 | 155.00 | | 2,600 | 2,700 | 160.00 | | 2,700 | 2,800 | 165.00 | | 2,800 | 2,900 | 170.00 | | 2,900 | 3,000 | 175.00 | | 3,000 | 3,100 | 180.00 | | 3,100 | 3,200 | 185.00 | | 3,200 | 3,300 | 190.00 | | 3,300 | 3,400 | 195.00 | | 3,400 | 3,500 | 200.00 | | 3,500 | 3,600 | 205.00 | | 3,600 | 3,700 | 210.00 | | 3,700 | 3,800 | 215.00 | | 3,800 | 3,900 | 220.00 | | 3,900 | 4,000 | 225.00 | | 4,000 | 4,100 | 230.00 | | 4,100 | 4,200 | 235.00 | | 4,200 | 4,300 | 240.00 | | 4,300 | 4,400 | 245.00 | | 4,400 | 4,500 | 250.00 | | 4,500 | 4,600 | 255.00 | | 4,600 | 4,700 | 260.00 | | 4,700 | 4,800 | 265.00 | | 4,800 | 4,900 | 270.00 | | 4,900 | 5,000 | 275.00 | | 5,000 | 5,250 | 285.00 | | 5,250 | 5,500 | 295.00 | | 5,500 | 5,750 | 305.00 | | 5,750 | 6,000 | 315.00 | | 6,000 | 6,250 | 325.00 | | 6,250 | 6.500 | 335.00 | | 6,500 | 6,750 | 345.00 | | 6,750 | 7,000 | 355.00 | | 7,000 | 7,250 | 365.00 | | 7,250 | 7,500 | 375.00 | | 7,500 | 7,750 | 385.00 | | 7,750 | 8,000 | 395.00 | | 8,000 | 8,250 | 405.00 | | 8,250 | 8,500 | 415.00 | | 8,500 | 8,750 | 425.00 | | 8,750 | 9,000 | 435.00 | | 9,000 | 9,250 | 445.00 | | 9,250 | 9,500 | 455.00 | | 9,500 | 9,750 | 465.00 | | 9,750 | 10,000 | 475.00 | And the fees increases at the rate of Rs. 15 for every five hundred rupees or part thereof, up to a maximum of ten thousand rupees. II ---- (See Rule 11) Fixed Fees | | | | | | | --- | --- | --- | --- | --- | | | Number | | | Proper fee | | | (1) | | (2) | (3) | | 1. | Application or petition | | When presented to the Court in exercise of its civil or criminal jurisdiction for the purpose of obtaining any copy of a document, or order passed by such Court or the deposition of witnesses in any case or suit before such Court. | Rs. 0.50 | | | | | When presented to the tribunal for the purpose of obtaining any copy of a document, or order passed by such tribunal or the deposition of witnesses in any case before such tribunal | Rs. 0.50 | | | | | When presented to the Court in exercise of its civil or criminal jurisdiction for any other purpose as envisaged under the Civil Procedure Code, or the Code of Criminal Procedure | Rs. 1.00 | | | | | When presented to any Court in any matter related to any other law | Rs. 5.00 | | 2. | Application to any Court that records may be called for from an another Court | | When the Court grants the application and is of the opinion that the transmission of such records involves the use of process servers or peon of the Court. | Re. 1.00 in addition of double the process fee | | 3. | Bail-bond affidavit, or other instrument of obligation given in pursuance of an order made by a Court or Magistrate under any section has contemplated in the Code of Criminal Procedure or the Civil Procedure Code | | | Rs. 1.00 | | 4. | Undertaking under Section 49 of the Indian Divorce Act, 1869 | | | Rs. 1.00 | | 5. | Vakalatnama | | | Re. 1.00 | | 6. | Memorandum of appeal when the appeal is not from a decree or an order having the force of a decree and is presented- | | (1) to any Court other than the Court of the Judge, District Council Court | Rs. 3.00 | | | | | (2) to the Court of the Judge, District Council Court | Rs. 5.00 | | 7. | Plaint or memorandum of appeal in each of the following suits- | | (1) to alter to set aside a summary decision or order of any Court other than that of the Court of the Judge, District Council Court | Rs. 16.50 | | | | | (2) to alter or cancel any documents or entry in any register | Rs. 16.50 | | | | | (3) to obtain a declaration decree where no consequential relief is prayed | Rs. 22.00 | | | | | (4) for injunction | Rs. 11.00 | | | | | (5) every other suit where it is not possible to estimate at a money value the subject matter in dispute and which is not otherwise provided for in these rules. | Rs. 16.50 | | 8. | Agreement in writing stating a question for the opinion of the Court as contemplated under the Code of Civil Procedure, 1908 | | | Rs. 16.50 | | 9. | Every petition where the Indian Divorce Act, 1869 except petition under Section 44 of the same Act | | | Rs. 22.00 | | 10. | Plaint or memorandum of appeal under any law except the Criminal Procedure Code or any matter contemplated under the Code of Civil Procedure or law which have not been otherwise provided for in these rules. | | | Rs. 16.50 | | 11. [ [Inserted by the Khasi Hills Autonomous District Council (Court-Fees) (Amendment) Rules, 1980, rule 4.] | Application for succession certificates under the Indian Succession Act. | | (a) Where the amount or value of the subject-matter is less than Rs. 500 | Rs. 10.00 | | | | | (b) Where the amount or value of the subject-matter exceeds Rs. 500 | Rs. 20.00 | | 12. | Any other application or petition in suits or cases arising out of any other Acts enacted by the District Council but where the fees have not been prescribed.] | | | |

65ba2afeab84c7eca86eac24

acts

State of Maharashtra - Act ---------------------------- The Maharashtra Lotteries (Control And Tax) And Prize Competitions (Tax) Act,1958 ----------------------------------------------------------------------------------- MAHARASHTRA India The Maharashtra Lotteries (Control And Tax) And Prize Competitions (Tax) Act,1958 =================================================================================== Act 82 of 1958 ---------------- * Published in Gazette 82 on 27 March 2017 * Assented to on 27 March 2017 * Commenced on 27 March 2017 The Maharashtra Lotteries (Control And Tax) And Prize Competitions (Tax) Act,1958 ACT No. LXXXII OF 1958 An Act to control and tax lotteries and to tax prize competitions in the State of Bombay. WHEREAS it is expedient to control lotteries and to levy tax on lotteries and prize competitions in the State of Bombay; It is hereby enacted in the Ninth year of the Republic of India as follows:— ### 1. Short title, extent and commencement. (1) This Act may be called the Maharashtra Lotteries (Control and Tax) and Prize Competitions (Tax) Act. (2) It extends to the whole of the State of Maharashtra. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint in this behalf. ### 2. Definitions. (1) In this Act, unless there is anything repugnant in the subject or context–– (a) “ lottery ” does not include a prize competition ; (b) “money” includes a cheque or any other negotiable instrument, a postal order or a money orders ; (c) “newspaper” includes any journal, magazine or other periodical publication ; (d) “prize competition” means a prize competition within the meaning of the Prize Competitions Act, 1955; (e) “promoter” in relation to a prize competition means the person licensed to promote or conduct a prize competition under the Prize Competitions Act, 1955 and in relation to a lottery includes a proprietor, manager, organizer or any person having the control or directing the conduct of a lottery and in the case of a lottery conducted through a newspaper includes the publisher of such newspaper: Provided that in the case of a lottery contained in a newspaper of publication printed and published outside the State, the manager or agent of the publisher of such newspaper or publication in charge of its circulation or distribution shall be deemed to be a promoter of the lottery for the purposes of this Act; and the words “promote” and “promoting” shall be construed accordingly; (f) “State” means the State of Maharashtra; (g) “ quarter ” means a period of three months beginning from the 1st January to 31st March, from 1st April to 30th June, from 1st July to 30th September and from 1st October to 31st December in each year; (h) “ticket” includes, in relation to any lottery or proposed lottery, any document evidencing the claim of a person to participate in the chances of the lottery. (2) For the purpose of this Act–– (a) references to printing shall be construed as including references to writing and other modes of representing or reproducing words in a visible form ; (b) documents or other matters shall be deemed to be distributed if they are distributed to persons or places whether within or without the State and the expression “ distribution ” shall be construed accordingly ; and (c) the Collector may, after making such enquiry as he deems fit, determine the person who is or is to be deemed to be a promoter in relation to a lottery and his decision shall be final. ### 3. All lotteries unlawful. Save as provided by this Act, all lotteries are unlawful. ### 4. Offences in connection with lotteries. (1) Subject to the provisions of this section every person who in connection with any lottery which is unlawful under the provisions of this Act, but which is promoted or proposed to be promoted either in this State or elsewhere–– (a) publishes any proposal to pay any sum, or to deliver any goods, or to do or for bear doing anything for the benefit of any person, on any event or contingency relative or applicable to the drawing of any ticket, lot, number or figure in the lottery, or (b) prints any tickets for use in the lottery, or (c) sells or distributes, or offers or advertises for sale or distribution, or has in his possession for the purpose of sale or distributions, any tickets or chances in the lottery, or (d) prints, publishes or distributes, or has in his possession for the purpose of publication or distribution–– (i) any advertisement of the lottery, or (ii) any list (whether complete or not) of prize winners or winning tickets in the lottery, or (iii) any such matter descriptive of the drawing or intended drawing of the lottery, or otherwise relating to the lottery as is calculated to act as an inducement to persons to participate in that lottery or in other lotteries, or (e) brings, or invites any person to send into the State for the purpose of sale or distribution any tickets in, or advertisement of, the lottery, or (f) sends or attempts to send out of the State any money or valuable thing, received in respect of the sale or distribution, or any document recording the sale or distribution, or the identity of the holder, or any ticket, or chance in the lottery, or (g) uses any premises, or permits any premises to be used, for purposes connected with the promotion or document of the lottery ; or (h) causes or attempts to cause any person to do any of the abovementioned acts shall, on conviction, be punishable,–– (i) for the first offence with fine which may extend to one thousand rupees ; (ii) for the second offence with fine which may extend to two thousand rupees, and (iii) for any subsequent offence with imprisonment for a term which may extend to three months or with fine which may extend to five thousand rupees or with both. (2) In any proceedings instituted under sub-section (1), an accused person shall not be deemed to be guilty if he proves that the lottery to which the proceedings relate was such a lottery as is not deemed to be unlawful under section 5 or 6 as the case may be, and that at the date of the alleged offence the accused believed and had reasonable ground for believing that none of the conditions required by section 5 or 6 to be observed in connection with the promotion and conduct of the lottery had been broken. ### 5. Licensed entertainment lotteries not unlawful. (1) A lottery promoted as an incident of an entertainment shall be deemed to be an unlawful lottery, unless the promoter thereof has obtained a licence in respect of such lottery. (2) The following conditions shall be observed by the promoter in connection with the promotion and conduct of such lottery, namely:–– (a) the whole proceeds of the entertainment (including the proceeds of the lottery) after deducting–– (i) the expenses of the entertainment excluding expenses incurred in connection with the lottery, (ii) the expenses incurred in printing tickets in the lottery, and (iii) such sum (if any) not exceeding one hundred rupees, which the promoters of the lottery think fit to appropriate on account of any expense incurred by them in purchasing prizes in the lottery, shall be devoted to purposes other than private gain; (b) none of the prizes in the lottery shall be money prizes ; (c) tickets or chances in the lottery shall not be sold or issued, nor shall the result of the lottery be declared, except on the premises on which the entertainment takes place and during the progress of the entertainment ; and (d) the facilities afforded for participating, in lotteries shall not be the only, or the only substantial, inducement to persons to attend the entertainment. (3) If any of the conditions specified in sub-section (2) is broken, every person concerned in the promotion or conduct of the lottery shall, on conviction, be punishable— (a) for the first offence with fine which may extend to one thousand rupees, (b) for the second offence with fine which may extend to two thousand rupees, and (c) for any subsequent offence with imprisonment for a term which may extend to three months or with fine which may extend to five thousand rupees or with both : Provided that in any proceeding under this section, it shall be a defense to prove that the breach was committed without his knowledge. Explanation.—The entertainments to which this section applies are bazaars, sales of work, fetes and other entertainments of a similar character, whether limited to one day or extending over two or more days. ### 6. Licensed private lotteries not unlawful. (1) A private lottery shall be deemed to be an unlawful lottery unless the promoter thereof has obtained a licence in respect of such lottery. (2) The following conditions shall be observed by the promoter in connection with the promotion and conduct of such lottery, namely:— (a) the whole proceeds, after deducting only expenses incurred for printing and stationery, shall be devoted to the provision of prizes for purchasers of tickets or chances, or, in the case of a lottery promoted for the members of a society, shall be devoted either to the provision of prizes as aforesaid or to purposes which are purposes of the society or, as to part, to the provision of prizes as aforesaid and, as to the remainder, to such purposes as aforesaid; (b) there shall not be exhibited, published or distributed any written notice or advertisement of the lottery other than— (i) a notice thereof exhibited on the premises of the society for whose members it is promoted or, as the case may be, on the premises on which the persons for whom it is promoted work or reside, and (ii) such announcement or advertisement thereof as is contained in the tickets, if any ; (c) the price of every ticket or chance shall be the same and the price of any ticket shall be stated on the ticket; (d) every ticket shall bear upon the face of it the name and address of each of the promoters and a statement of the persons to whom the sale of tickets or chances by the promoters is restricted, and a statement that no prize won in the lottery shall be paid or delivered by the promoters to any person other than the person to whom the winning tickets or chance was sold by them, and no prize shall be paid or delivered except in accordance with that statement; (e) no ticket or chance shall be issued or allotted by the promoters except by way of sale and upon receipt of the full price thereof, and no money or valuable things so received by a promoter shall in any circumstances be returned ; and (f) no tickets in the lottery shall be sent through the post. (3) If any of the conditions specified in sub-section (2) is broken, each of the promoters of the lottery, and where the person by whom the condition is broken is not one of the promoters, that person also, shall, on conviction, be punishable— (a) for the first offence with fine which may extend to one thousand rupees, (b) for the second offence with fine which may extend to two thousand rupees, and (c) for any subsequent offence with imprisonment for a term which may extend to three months or with fine which may extend to five thousand rupees or with both : Provided that in any proceeding under this section, it shall be a defence for a person charged only by reason of his being a promoter of the lottery to prove that the offence was committed without his knowledge. Explanation.—For the purposes of this section— (a) the expression “private lottery” means a lottery in the State which is promoted for, and in which the sale of tickets for chances by the promoters is confined to, either— (i) members of one society established and conducted for purposes not connected with gaming, wagering or lotteries, or (ii) persons all of whom work on the same premises, or (iii) persons all of whom reside on the same premises, and which is promoted by persons each of whom is a person to whom under the foregoing provisions tickets or chances may be sold by the promoters and, in the case of a lottery promoted for the members of a society, is a person authorised in writing by the governing body of the society to promote the lottery ; and (b) the expression “society” includes a club, institution, organization or other association of persons by whatever name called, and each local or affiliated branch or section of a society shall be regarded as a separate and distinct society. ### 7. Licences. Every licence granted under this Act in respect of a lottery shall be granted by the Collector on payment of such fees and subject to such conditions and shall be in such form as may be prescribed. ### 8. Powers of State Government to issue orders pertaining to licences. Notwithstanding anything contained in this Act or any rules made thereunder, it shall be lawful for the State Government by general or special order to— (a) prohibit the grant of licences in respect of a lottery or class of lotteries throughout the State or in any area ; (b) prescribe the maximum number of licences which may be granted in any area ; (c) direct that no licences specified in such order shall be granted without the previous approval of the State Government ; (d) issue such other instructions in any matter pertaining to the grant or otherwise of licences under this Act as the State Government may deem proper. ### 9. Suspension or cancellation of licence. The Collector may suspend or cancel a licence granted under this Act in respect of a lottery— (1) if there is any breach of any of the conditions subject to which the licence is granted ; or (2) if the holder of such licence contravenes any of the conditions specified in section 5 or 6 ; or (3) if any tax payable under section 10 is not duly paid by the promoter ; or (4) if the holder of such licence contravenes any of the provisions of section 14 ; or (5) for any other reason, for which the suspension or cancellation of the licence is, in the opinion of the State Government, necessary in the public interest. ### 10. Levy of tax on lotteries and prize competitions. (1) There shall be levied,— (a) in respect of every lottery for which a licence has been obtained under section 5 or 6, a tax at the rate of 25 per cent. or the total sum received or due in respect of such lottery ; and (b) in respect of every prize competition for which a licence has been obtained under the Prize Competitions Act, 1955, a tax at the rate of 5 per cent. of the total entry fees received and retained in such competition. (2) The tax shall be collected from the promoter of such lottery or prize competition, as the case may be. ### 11. Levy of tax on lotteries in newspapers and publications printed and published outside State. Notwithstanding anything contained in section 10, there shall be levied in respect of every lottery contained in a newspaper or publication printed and published outside the State, for which a licence has been obtained under section 5 or 6, a tax at such rates as may be specified by the State Government in a notification in the Official Gazette, not exceeding the rates specified in section 10 on the sums specified in the declaration made under section 14 by the promoter of the lottery as having been received or due in respect of such lottery or in a lump-sum having regard to the circulation or distribution of the newspaper or publication in the State. ### 12. Calculation and recovery of tax levied under section 10. (1) The amount of tax to be levied in respect of a lottery or prize competition under section 10 shall be calculated by the Collector on the total sum received or due in respect of the lottery or prize competition as disclosed in the accounts maintained and statements submitted to him or a declaration made before him under section 14. (2) In cases where no such accounts are maintained, or no such statements are submitted, or no such declaration is made, or where such accounts, statements or declaration are or is in the opinion of the Collector false or incorrect, the Collector shall make the calculation to the best of his judgment. (3) The tax leviable under section 10 shall in the case of a prize competition be paid within 30 days of the end of each quarter and in the case of a lottery be paid within 30 days of the date on which such lottery is drawn. (4) If any tax payable under section 10 is in arrear the Collector may, in lieu thereof, recover any sum not exceeding double the amount of the tax so unpaid or any smaller sum above the amount of the tax which the Collector may think it reasonable to recover. ### 13. Licence fee and other dues to be recoverable as arrears of land revenue. All sums payable as fees or taxes under this Act shall be recoverable as arrears of land revenue. ### 14. Promoters of lotteries or prize competitions to keep and maintain accounts, submit statements and make declarations. (1) Every person promoting a lottery or prize competition of any kind shall keep and maintain accounts relating to such lottery or competition and shall submit to the Collector statements in such form and of such period as may be prescribed: Provided that in the case of a prize competition the accounts maintained and the statements thereof submitted to the licensing authority under the Prize Competition Act, 1955, shall be deemed to be the accounts or statements to be maintained or submitted, as the case may be, under this section. (2) In the case of a lottery contained in a newspaper or publication printed and published outside the State, every person promoting such lottery shall make a declaration in such form and of such period as may be prescribed. ### 15. Penalty for failure to keep accounts, submit statements or make declaration of keeping false accounts, submitting false statements and making false declaration. If— (a) any promoter of a lottery or prize competition liable under sub-section (1) of section 14 to keep and maintain accounts or to submit statements in the manner and of the period prescribed fails to keep accounts or so to submit the statements, or keeps such accounts or submits such statements as he knows to be or has reason to believe to be false, or (b) any promoter of a lottery liable under sub-section (2) of section 14 to make a declaration in the manner and of the period prescribed fails to make the declaration or makes such declaration as he knows or has reason to believe to be false, he shall, on conviction, be punished with fine which may extend to Rs. 500. ### 16. Forfeiture of newspapers and publications, containing unlawful lotteries. Where any newspaper or publication, wherever printed or published, contains an unlawful lottery the Collector may, by notification in the Official Gazette, declare every copy of the issue of the newspaper or every copy of such publication containing such lottery to be forfeited to the State Government. ### 17. Power of Collector to require production of accounts or to inspect accounts. The Collector may, for the purposes of this Act at all reasonable times— (i) require any promoter of a lottery or prize competition to produce before him accounts or other documents or to furnish any other information ; or (ii) inspect the accounts of any such promoter. ### 18. Power of entry and search. It shall be lawful for a police officer— (i) in Greater Bombay, not below the rank of Sergeant or Sub-Inspector and either empowered by general order in writing or authorised in each case by special warrant issued by the Commissioner of Police, Bombay, and (ii) elsewhere, not below the rank of a Sub-Inspector of Police authorised by a special warrant issued in each case by a Magistrate of the First Class or a District Superintendent of Police or by an Assistant or Deputy Superintendent of Police specially empowered by the State Government in this behalf— (a) to enter, with the assistance of such persons as may be found necessary by night or day, and by force, if necessary, any house, room, or place which he has reason to suspect is used for purposes connected with the promotion for conduct of any lottery ; (b) to search all parts of the house, room or place which he shall have so entered, the persons whom he shall find therein and also such persons as may be specified by name in the warrant ; (c) to take into custody and bring before a Magistrate all such persons ; (d) to seize all things which are reasonably suspected to have been used or intended to be used in connection with a lottery and which are found therein : Provided that no officer shall be authorised by special warrant unless the Commissioner of Police, the Magistrate, the District or Assistant or Deputy Superintendent of Police concerned is satisfied, upon any complaint made before him on oath and upon making such inquiry as he may think necessary, that there are reasonable grounds, to suspect the said house, room or place to be used for purposes connected with the promotion or conduct of an unlawful lottery. ### 19. Searches how made. All searches made under section 18 shall be made in accordance with the provisions of the Code of Criminal Procedure, 1898. ### 20. Power to arrest without warrant in certain cases. A Police Officer may apprehend without warrant any person found, or reasonably suspected of committing an offence under clauses (a) , (c), or (d) of sub-section (1) of section 4, in any public street, or thoroughfare or in any place to which the public have or are permitted to have access. ### 21. Power of investigation. (1) Every officer not below the rank of a Sub-Inspector of Police shall have power to investigate all offences punishable under this Act. (2) Every such officer shall, in the conduct of such investigation, exercise the powers (except the power to arrest without warrant otherwise than under section 20) conferred by the Code of Criminal Procedure, 1898, upon an officer in-charge of a police station for the investigation of a cognizable offence. ### 22. Offences to be bailable. All offences punishable under this Act shall be bailable. ### 23. Jurisdiction to try offences. No Magistrate, below the rank of a Presidency Magistrate or a Magistrate of the Second Class shall try an offence under this Act. ### 24. Government may authorise certain officer to perform functions of Collector. The State Government may, by general or special order, authorise the officer to perform the functions to be performed by the Collector under any of the provisions of this Act. ### 25. 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, secretory or other officer shall also be deemed to be guilty of that offence and shall 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. ### 26. Collectors and other officers to act subject to orders of State Government. The Collectors and all officers duly authorised under section 24 shall exercise the powers and perform the duties conferred and imposed on them by or under this Act in accordance with such orders as the State Government may from time to time make. ### 27. Officers to be public servants All officers acting under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860. ### 28. Protection of persons acting in good faith and limitation of suit and prosecutions. (1) No suit prosecution or other legal proceedings shall be instituted against any officer of the Government for anything which is in good faith done or intended to be done under this Act or the rules made thereunder. (2) No suit shall be instituted against the State and no prosecution or suit shall be instituted against any officer of the Government in respect of anything done or intended to be done, under this Act, unless the suit or prosecution has been instituted within six months from the date of the act complained of. ### 29. Appeal and revision. (1) Any person aggrieved by any order passed under this Act, by the Collector or any officer authorised under section 24 may appeal against such order to the Commissioner or to such officer as the State Government may appoint in this behalf. (2) Every order passed in appeal under this section shall, subject to the powers of revision conferred by sub-section (3), be final and shall not be liable to be called in question in any court of law whether in a suit or other proceeding or by way of appeal or revision. (3) The State Government may, at any time call for and examine the record of any order of, or the proceedings, recorded by any officer or persons for the purpose of satisfying itself as to the legality or propriety of such order passed by, or as to the regularity of such proceedings of, such officer or person and may pass such order in reference thereto as it thinks fit. ### 30. Exemption. The State Government may exempt totally or partially from the payment of tax under this Act any prize competition or lottery the net proceeds of which are to be devoted to a charitable purpose. ### 31. Rules. (1) The State Government may, by notification in the Official Rules Gazette, makes rules for the purposes of carrying out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing provision the State Government may make rules for the following matters:— (i) the form of licence and the fees on payment of which and the conditions subject to which a licence shall be granted under section 7; (ii) the manner in which the accounts shall be kept and maintained and the form in which and the period at which the statement of accounts, are to be submitted under section 14. (3) Any rule made under this section may provide that any person contravening any such rule shall, on conviction, be liable to fine which may extend to fifty rupees. (4) Rules made under this section shall be subject to the condition of previous publication. ### 32. Saving. Nothing in this Act shall apply to— (a) the owner, lessee or occupier of any race-course to whom a licence has been granted for horse racing on a race-course under section 4 of the Bombay Race-Course Licensing Act, 1912, or to any person who carries on the business or vocation of or acts as a book-maker, or turf commission agent under licence or permit issued by such owner, lessee or occupier to enable him to carry on his business or vocation under the said Act, as specified in the licence or permit or to any entries in respect of any stake or bet received by such person, (b) a lottery organized by the Central Government or a State Government, (c) a lottery specially authorised by the State Government. ### 33. Repeal of section 294A of Act XLV of 1860. The provisions of section 294-A of the Indian Penal Code, 1860 in its application to the territories to which this Act extends, are hereby repealed. ### 34. Repeal and savings. The following Acts, that is to say,— (i) the Bombay Lotteries and Prize Competitions Control and Tax Act, 1948, and (ii) the Saurashtra Lotteries and Prize Competitions Control and Tax Act, 1951, are hereby repealed: Provided that such repeal shall not affect,— (a) any right, privilege, obligation or liability already acquired, accrued or incurred or anything done or suffered before the commencement of this Act, (b) any legal proceeding or remedy in respect of such right, privilege, obligation or liability, or (c) the levy, assessment, collection or refund, of any tax or fee or the imposition or recovery of any penalty which may have become payable before the commencement of this Act, under any Act so repealed; and any such proceeding may be instituted, continued or disposed of and any such remedy may be enforced and any such tax or fee may be levied, assessed or collected or refund thereof made, and any such penalty may be imposed or recovered as if this Act had not been passed: Provided further that any licence for a lottery granted under any of the Acts hereby repealed and in force immediately before the commencement of this Act shall continue in force under this Act, unless it is inconsistent with any of the provisions of this Act.

65b9fcd2ab84c7eca86ea63d

acts

State of Andhra Pradesh - Act ------------------------------- Fee for Inspection of Maps, Plans, Sections and testing and inspection for services of Electrical Inspector Rules, 2012 ------------------------------------------------------------------------------------------------------------------------- ANDHRA PRADESH India Fee for Inspection of Maps, Plans, Sections and testing and inspection for services of Electrical Inspector Rules, 2012 ========================================================================================================================= Rule FEE-FOR-INSPECTION-OF-MAPS-PLANS-SECTIONS-AND-TESTING-AND-INSPECTION-FOR-SERVICES-OF-ELECTRICAL-INSPECTOR-RULES-2012 of 2012 ----------------------------------------------------------------------------------------------------------------------------------- * Published on 13 February 2012 * Commenced on 13 February 2012 Fee for Inspection of Maps, Plans, Sections and testing and inspection for services of Electrical Inspector Rules, 2012 Published vide Notification No. G.O. Ms. No. 8, Energy (Services) , dated 13.02.2012 Last Updated 10th September, 2019 No. G.O. Ms. No. 8. - In exercise of the powers conferred by clause (o) of sub-section(2) of Section 180 of the Electricity Act, 2003 (Act No.36 of 2003), the Government of Andhra Pradesh hereby make the following rules regarding payment of fee for Inspection of Maps, Plans, sections and testing and inspection for services of Electrical Inspector. ### 1. Short title. - These rules may be called "the Fee for Inspection of Maps, Plans, Sections and testing and inspection for services of Electrical Inspector Rules, 2012." ### 2. Definitions. (1) In these rules unless the context otherwise requires - (a) "Act" means the Electricity Act, 2003; (b) Words and expressions used and not defined in these rules shall have the same meaning respectively assigned to them in the Electricity Act, 2003 (36 of 2003) and Central Electricity Authority (Measures relating to safety and Electric supply) Regulation, 2010. ### 3. Fees for Inspection of Maps, Plans, Sections, testing and Inspection for services of Electrical Inspector. (1) The State Government may levy fees for inspection of Maps, Plans, sections and fees for testing and inspection of services of Electrical Inspector as it may from time to time by general or special order, specify. (2) The fees is payable by each class of person, consumer or supplier and it shall be paid by the consumer or supplier in advance. (3) Where the prescribed fee cannot be charged for in advance, the same will be demanded by a notice after inspection examination or test has been completed and shall be paid by the owner of licensee within thirty days of receipt of notice. (4) The inspection or test under the Act and Rules/Regulations shall be carried out on receipt of the prescribed fees and on confirmation from the licensee or owner that the installation is fully ready in all respects for carrying out such an inspection or test. At the time of inspection if the installation is found not fully ready for carrying out necessary inspection or test, the licensee or the owner shall pay further fee equivalent to the full initial fee for carrying out another inspection or test. (5) No fees shall be levied in the case of second or subsequent inspection, examination or test made, provided that the installation does not involve any extension, or is not, in the opinion of the Electrical Inspector, necessitated by the neglect or failure of the owner or licensee to carryout within a stipulated time, any written order by the Electrical Inspector. (6) For inspection of any additions or alterations in an existing installation which has been inspected, fees shall be charged for such additions or alterations, only. ### 4. Penal fee for late payment of fee. (1) In the event of failure of any person, consumer or supplier to pay the fees on or before the date specified in fee notice. Penal Fee as specified below shall be levied; | | | | | --- | --- | --- | | (a) within 30 days from due date | - | 15% of the Fee Maximum ofL10,000/- | | (b) 30 days to 60 days from due date | - | 30% of the Fee maximum ofL20,000/- | (2) In the event of the failure of any person or supplier to pay the fees along with penal fee as specified in sub-rule (1) after the date specified in the fee notice, supply to the installation of such consumer or supplier shall be liable to be disconnected under the direction of the Electrical Inspector such disconnection, however shall not be made by the supplier without giving to the person, consumer or supplier seven clear days, notice in writing of his intention to do so. (3) The orders for disconnection issued under sub-rule (2) shall be revoked, only after the fee along with penalty as per sub-rule (1) is received by the Electrical Inspector. ### 5. In the case of the failure of the owner of any installation to rectify the defects in his installation pointed out by the Electrical Inspector in his report and within the time indicated therein, he shall be punishable for every such breach with fine which may extend to five hundred rupees, and in case of a continuing breach with a further fine which may extend to fifty rupees, for every day after the first during which the breach has continued.

65b94225ab84c7eca86e8bef

acts

State of Uttarakhand - Act ---------------------------- Uttarakhand Fisheries Act, 2003 --------------------------------- UTTARAKHAND India Uttarakhand Fisheries Act, 2003 ================================= Act 02 of 2003 ---------------- * Published on 1 January 2003 * Commenced on 1 January 2003 Uttarakhand Fisheries Act, 2003 (Uttarakhand Act No. 02 of 2003 ) Last Updated 7th March, 2020 An Act to provide for management of Fisheries and related matters in the State of Uttarakhand in fifty fourth year of Republic of India as follows:- ### 1. Short title, extent and commencement. (1) This Act may be called the Uttarakhand Fisheries Act, 2003. (2) It extends to the whole of Uttarakhand State. (3) It shall come into force at once. ### 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context - (1) "Fish" includes shell fish and fin fish, turtles in all stages of its life history including aquatic plants used by fishes; (2) "Fishing craft" means any boat, whether manually operated or powered, used for fishing or transport of fish; (3) "Fishing Gear" means any net, line rod and line, fishing tackle and other appliances used for catching fish; (4) "Fishing offence" means an offence punishable under this Act or under any rule made there under, (5) "fishery officer" means any person whom the Uttarakhand Government or any other officer empowered by the Uttarakhand Govt. in this behalf, may from time to time, appoint by name or as holding an office, to carry out all or any of the proposes of this Act or to do anything required by this Act or any rule made there under. Provided that no police officer below the rank of sub-inspector shall be so empowered. (6) "Fixed engine" means any net, cage, trap other contrivance for taking fish, fixed in the soil or made stationary in any other way; (7) "Private water" means waters which are the exclusive property of any person or in which any person has for the time being an exclusive right of fishery, whether as owner, lease or in any other capacity and includes tanks, ponds, artificial lakes etc. excavated at the expense of the owner which have no communication in the rainy season with natural waters such as rivers, streams, canals and jhils; (8) "State Government" means the Government of Uttarakhand; (9) "Fish sanctuary/protected water source" means water source where due to any reason fishing is prohibited, all such water sources would be declared as prohibited areas for fishing for conservation of fish Bio Diversity after due publication in the State Gazette. ### 3. Power to make rules for prohibition and licensing of fishing in selected waters. (1) The State Government may make rules for the purposes mentioned hereinafter in this section and shall under such rules declare the waters, not being private waters, to which all or any of them shall apply. (2) The State Government may, by notification in the official Gazette apply such rules or any of them to any private waters with the consent in writing of the owner thereof and of all persons having for the time being any exclusive right of fishery therein, or if the State Government is satisfied that the consent is un-reasonably with held without such consent. Provided that no rules under this section shall apply to any religious waters. (3) Such rules may- (a) Prohibit or regulate all or any of the following matters:- (1) The erection and use of fixed engines, (2) The ownership of check dams constructed on rivers/tributaries would continue with the existing Department but the total control over their fishery management activities and monitoring the harvesting of stocks will vest with the Department of fisheries. The Department of fisheries would be authorized to allot the check dams to Self Help Groups/Fishery Co-operative Societies on lease for fishing activities and stocking. (3) The dimension and kinds of fishing gears to be used and the mode of using them; (b) Prohibit fishing except under license and regulate the granting of such licenses, the fees payable there for and the conditions to be inserted therein; (c) Prohibit the destruction or attempt to destroy fish by gun, spear, bow and arrow or like instrument or pollution of waters by trade effluents; (d) Prescribe seasons in which the killing or catching or sale of any fish of any prescribed species shall be prohibited; (e) Prescribe a minimum size or weight below which no fish or any prescribed species shall be caught, killed or sold; (f) Prohibit fishing in an specified water for specified period; (g) Regulate the export of fish outside any area or areas and price at which fish may be brought or sold in any specified markets of all or any specified species; (h) Require the owner, mortgagee with possession or lease of any tank or jhil for the stocking of such tanks or jhils with any class or classes of fish; (i) Fishing shall be prohibited during breeding seasons in Rivers/tributaries and other breeding places; (j) Progressive fish farmers would be rewarded at the State level; (k) Encouragement and training would be provided to communities like Bengalis, Tribal, Machhua. Nishads, Kashyaps etc. who earn their livelihood from fisheries; (l) The fisheries department would provide facilities to fish farmers for their economic and social upliftment by way of making societies/federations; (m) The department would provide facilities to progressive fish farmers under various schemes by Central/State Government viz. bank loans, pond constructions, fish seeds, fish feed, training etc.; (n) Regulate the marketing of fish and also purchase and use of fish for preservation or for the manufacture of any fish products; (o) Regulate the possession of fishing craft and gear within such specified limits as may appear to be necessary; and (p) Regulate the transport of all fish or of certain species or fish products within specified limits as may appear to be necessary. Such rules may, among other matters - (a) Prescribe the routes by which fish alone or fish products may be imported into and exported from the State of Uttarakhand; (b) Prohibit the import, export or transport within specified limits of fish without a pass from a fisheries officer or a person duly authorized to issue the same or otherwise than in accordance with the conditions of each pass; (c) Prescribe the form of such passes and provide for their issue, production and return; and (d) Provide for the examination of fish in transit within specified limits. (4) In making any rule under this section the State Govt. may provide for--- (a) Seizure, removal and forfeiture of any apparatus erected or used for fishing in contravention of the rules; (b) Forfeiture of any fish taken by means of any such apparatus; and (c) Confiscation of any consignments of fish held or transported in contravention of the rules. (5) Every rule made under this Act shall be laid, as soon as may be after it is made before the Legislative Assembly while it is in session for a total period of not less than fourteen days which may be comprise 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 immediately following. The assembly makes any modification in 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 prejudice to the validity of anything previously done under that rule. ### 4. Power to prohibit sale of fish. - The State Govt. may, by notification in the official, Gazette, prohibit in such area or areas as may be specified in that behalf the offering or exposing for sale or barter of any fish killed in contravention of any rule made under sub-section (3) of this Act. ### 5. Penalties. - The breach of any rule made under section 3 or of any prohibition notified under section 4 shall be punishable - (1) On first conviction with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and (2) On every subsequent conviction with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. ### 6. Punishment of destruction of fish by explosives. (1) If any person uses any dynamite or other explosive substances in any water with intent thereby to catch or destroy any fish, that may be therein, he shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees or with both. (2) Whoever, having already been convicted of an offence under sub-section (1) is again convicted there under, shall, on every subsequent conviction, be punishable with imprisonment for a term which may extend to three years and with fine which may extend to five thousand rupees. (3) If a person is found to be in possession of a dynamite or any other explosive substance for the purpose of killing the fish near or in the vicinity or on the bank of a river, rivulet, khad, pond, lake, reservoir which are habited by the fishes, shall unless he explains satisfactorily that his possession or control over such a dynamite or the explosive substance was for a lawful object, be punishable with imprisonment for a term which may extend to two years or with fine which may extend to three thousand rupees or with both. ### 7. Punishment for destruction of fish by poisoning. (1) If any person puts any poison, bleaching powder, lime or noxious material and electric current into any water with intent thereby to catch or destroy any fish, he shall be punishable with imprisonment for a term which may extend to three years or with fine of five thousand rupees or with both. (2) Punishment for killing or catching fish during prohibited season. If any person kills or catches fish with a net during the season, in which killing or catching of fish is prohibited under any rule framed under clause (d) of sub section (3) of section 3, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to three thousand rupees or with both. (3) Offences to be cognizable and non-bailable- Notwithstanding anything contained in the code of Criminal Procedure, 1973 all offences under section 6 and 7 of this Act shall be cognizable and non-bailable offences. ### 8. Arrest without warrant for offence under this Act. (1) Any fisheries officer not below the rank of fisheries department officer, police officer not below the rank of the sub-inspector , or any other person specially empowered by the State Government in this behalf, may arrest without any warrant any person committing or attempting to commit, in his view a fishing offence- (a) If the name and address of the person are not known to him; and (b) If the person declines to give his name and address or if there is reason to doubt the accuracy of the name and address if given. (2) A person arrested under this section may be detained until his name and address have been correctly ascertained; Provided that no person so arrested shall be detained longer than it may be necessary for bringing him before a Magistrate, except under the order of a Magistrate for his detention. (3) Every fishery officer shall have the same powers of search and investigation relating to a fishing offence as a police officer of the rank of the sub-Inspector has under the code of Criminal Procedure, 1973. ### 9. Cognizance of offences. - No court shall take cognizance of any offence under this Act, except the complaint of a fishery officer or of a police officer not below the rank of the sub-inspector or any other person or class of persons authorized by the State Government in this behalf. ### 10. Power to compound certain offence. (1) The State Government may, by notification in the official Gazette, empower a fishery officer by name or by virtue of office - (a) to accept from any person concerning whom evidence exists, which if un rebutted, would prove that he has committed any fishing offence as described in the second column of the Schedule, a sum of money by any of compensation for the offence with regard to which such evidence exists and on the payment of such sum to such officer, such person, if in custody, shall be released and no further proceedings shall be taken against him; (b) to release any property that has been seized as liable to confiscation without further payment or on payment of the value hereof as estimated by such officer and on the payment of such value such property shall be released and no further proceedings shall be taken in respect thereof. (2) A sum of money accepted as compensation under clause (a) sub-section (1) shall in no case exceed the amount acceptable as compensation in the third column of the Schedule for the particular offence described in the second column thereof. ### 11. Public servants indemnified for acts done under this Act. - All persons empowered to exercise powers and perform duties under this Act or rules made there under shall be deemed to be public servants within the meaning of section 21 of Indian Panel Code. The Schedule (See section 10) Maximum amount acceptable as compensation for certain fishing offences under section 10, | | | | | --- | --- | --- | | S. No | Description | Maximum amount acceptable (in Rs.) | | 1. | Fishing with a new net having a smaller mesh than that prescribed under the rules made under the Act | One thousand | | 2. | Fishing without a license | One thousand | | 3. | Killing or catching or selling or attempt to kill, catch or sell fish of a size or weight less than the standard prescribed under this Act | Five hundred | | 4. | Killing or catching or selling or attempt to kill. Catch or sell any fish of a prohibited species during a close season | Five hundred | | 5. | Fishing or attempting to fish with any gear or method other than permitted under the rules | Five hundred | | 6. | Using at any one time more than two of either or any of the gears permitted under the rules | Five hundred | | 7. | License holders employing or engaging Non-licensees to help them with their nets, while fishing | Five hundred | | 8. | Fishing or attempting to fish in prohibited water | Five hundred | | 9. | Offering or exposing for sale or barter any fish, the sale of which is prohibited in any specified area by a notification issued under section 4 of Act | Five hundred | | 10. | Exporting or attempting to export fish in contravention of any rule made under clause (1) sub-section(3) of section 3 of the Act | One thousand | | 11. | Selling or attempting to sell fish for price above the specified marked value | Five hundred | | 12. | Possessing fishing craft and tackles unauthorisingly in contravention of clause (o) of sub-section (3) of section 3 of the act | Four hundred | Important Rivers And Their Tributaries In Uttarakhand Showing Mahseer And Troutzones | | | | | | | --- | --- | --- | --- | --- | | District | River/stream in Uttarakhand | Stretch (length in Uttarakhand) (k.m) | Mahseer zone (k.m.) | Trout zone(k.m.) | | Dehradun | Yamuna | 50 | 30 | - | | | Toons | 45 | - | 15\* | | | Song | 25 | 25 | - | | Uttarkashi | Asaiganga | 34 | - | 34\* | | | Yamuna | 50 | 15 (downstream Barkot) | 35 (upstream Barkot) | | | Bgagirathi | 140 | 45(downstream gangotri) | 95(upstream gangotri) | | | Tons | 20 | - | 20 | | Chamoli | Ramganga(w) | 20 | - | - | | | Pinder | 93 | - | 93\* | | | Alaknanda | 150 | - | 150 | | | Vishnuganga | 150 | - | 150 | | | Virshiganga | 50 | - | 50\* | | | Garurganga | 15 | - | 15 | | | Pralkhila | 15 | - | 15\* | | | Amritaganga | 05 | - | 05 | | | Nandakini | 40 | - | 40 | | | Nigole | 15 | - | 15 | | | Upla | 15 | - | 15 | | | Anathgad | 20 | - | 20 | | Rudrapryag | Mandakini | 100 (downstream Banswara) | 40 (downstream Augustmuni) | | | | Kali nadi | 10 | - | 10 | | | Madmaheshwar | 25 | 10 | 15 | | | Kalpganga | 15 | - | 15 | | | Kakranadi | 15 | - | 15 | | | Tehri Bhagirathi | 80 | 80 | - | | | Bhilangana | 50 | 20 (upstream from confluence with Bhagiraghi) | - | | Pauri | Ramganga(E) | 37 | 37 | - | | | Alaknanda | 50 | 50 | - | | | Nayaar(E) | 60 | 60 | - | | | Nayeer(W) | 50 | 50 | - | | | Ganga | 48 | 48 | - | | | R.Nayyar | 18 | 18 | - | | | Kothari nadi | 21 | - | - | | | Plan nadi | 21 | - | - | | | Khoh nadi | 12 | - | - | | | Malin nadi | 12 | 12 | - | | | Rewason nadi | 15 | - | - | | | Minayata nadi | 12 | - | - | | | Nal nadi | 18 | - | - | | | Hiyal nadi | 27 | - | - | | | Son nadi | 12 | - | - | | Haridwar Ganga | 20 | 20 | - | | | | Song | 05 | 05 | - | | | Suwa | 12 | 12 | - | | Kumoun | | | | | | Nanital | Kosi | 60 | 60 | - | | | Gaula | 50 | 15 (upstream kathgodam) | - | | | Nandour | 30 | 30 | - | | | Bhowalinala | 20 | 10 (downstream ketchi temple) | - | | Almora | kosi | 58 | 58 | - | | | Ramganga (W) | 77 | 77 | - | | | Suyal | 41 | 15 (upstream confluence with R. kosi) | - | | | Gaggas | 38 | 38 | - | | | Vinod | 20 | - | - | | | Pannar | 26 | 26 | - | | Bageshwar | Saryu | 57 | 40 (downstream kapkot) | 17 (upstream kapkot) | | | Lahur | 10 | 10 | - | | | Gomti | 40 | 40 | - | | | Phangar | 20 | 20 | - | | | Garurganga | 10 | 10 | - | | Pithoragarh | Ramganga | 92 | 70 (upstream from confluence with saryu at Ramganga) | 22 (upstream Tejam) | | | Saryu | 60 | 60 | - | | | Kali | 190 | 150 | 40 (upstream Dharchula) | | | Gori | 90 | 30 (upstream confluence with saryu of Ramganga) | (upstream madkot) | | | Dhaouli | 80 | - | - | | | Charmagad | 14 | 5 | - | | | Thulidad | 18 | 18 | - | | Champawat | Kali | 20 | 20 | - | | | Lohawati | 40 | 40 | - | | | Ladhiya | 50 | 50 | - | | Uddhamsing Nagar | Shardha | 10 | 10 | - | | | Kailash | 10 | - | - | Almost majority of the reverie systems in Uttarakhand region harbour snow trout fishery especially in the upper reaches. \*Existing trout waters.

65b99d47ab84c7eca86e9750

acts

State of Haryana - Act ------------------------ The East Punjab Refugees Rehabilitation (Registration of Claims) Rules, 1948 ------------------------------------------------------------------------------ HARYANA India The East Punjab Refugees Rehabilitation (Registration of Claims) Rules, 1948 ============================================================================== Rule THE-EAST-PUNJAB-REFUGEES-REHABILITATION-REGISTRATION-OF-CLAIMS-RULES-1948 of 1948 ---------------------------------------------------------------------------------------- * Published on 19 May 1948 * Commenced on 19 May 1948 The East Punjab Refugees Rehabilitation (Registration of Claims) Rules, 1948 Published vide East Punjab Government Notification No. 25(A) -P&L/48.Reh./6402, dated 19.5.1948, published in the East Punjab Government Gazette Extraordinary, dated 24.5.1948, page 417 ### 1. (a) These rules may be called the East Punjab Refugees Rehabilitation (Registration of Claims) Rules, 1948. (b) These rules shall come into force at once. ### 2. No claim application shall be entertained unless made in the form given in Appendix "A" to these rules. No court fee shall be chargeable on such applications. ### 3. A claim application shall be presented to the Registrar, Deputy Registrar, the Assistant Registrar or the Deputy Assistant Registrar, as the case may be, by the applicant either in person or through a recognised agent, or sent by post in a registered cover acknowledgement due. ### 4. Applications submitted by post shall not be entertained unless the declaration annexed therewith has been duly attested by any of the following :- (a) Any Magistrate; (b) Any Sub-Judge; (c) Any Oath Commissioner appointed by the High Court; (d) Any Gazetted Officer; (e) Any member of the Central or Provincial Legislature; (f) Any two independent witnesses. ### 5. A receipt shall be issued to the applicant for the claim received and the receipt shall bear the signature and seal of the receiving authority in the form given in Appendix "B". ### 6. The following officers shall entertain claims to the following extent :- (a) Registrar or Deputy Registrar; Claims for any value; (b) Assistant Registrar; Claims upto the value of ten lacs. ### 7. When a claim is received by the Registrar, Deputy Registrar or Assistant Registrar, as the case may be, he shall (if the amount of the claim falls within the jurisdictional value) attest the declaration annexed with the application and order the same to be entered in the register of receipt of claims kept in his office for the purpose (For form of register of receipt of claims, see Appendix "C"). He shall then attest the declaration annexed to the application. If the claim is beyond the jurisdictional value of the Assistant Registrar before whom it is presented or by whom it is received, he shall forward it to the Registrar having jurisdiction. ### 8. The Registrar, Deputy Registrar or the Assistant Registrar, as the case may be, shall after scrutiny register the claim. ### 9. When the Registrar, Deputy Registrar or the Assistant Registrar, has registered a claim, particulars of the claim shall be entered in the register of claims kept for the purpose and a certificate of registration shall be issued to the claimant. The certificate shall bear the signature and seal of the Registrar (For form of registration, see Appendix "D" and form of certificate, see Appendix "E") ### 10. The Registrar, Deputy Registrar or the Assistant Registrar, shall not be bound to summon any evidence for the claimant. (Appendices omitted - Editor)

65bab6a1ab84c7eca86ec628

acts

NCT Delhi - Act ----------------- Delhi Electricity Regulatory Commission (Grant of Consent for Captive Power Plants) Regulations, 2002 ------------------------------------------------------------------------------------------------------- DELHI India Delhi Electricity Regulatory Commission (Grant of Consent for Captive Power Plants) Regulations, 2002 ======================================================================================================= Rule DELHI-ELECTRICITY-REGULATORY-COMMISSION-GRANT-OF-CONSENT-FOR-CAPTIVE-POWER-PLANTS-REGULATIONS-2002 of 2002 ----------------------------------------------------------------------------------------------------------------- * Published on 21 June 2002 * Commenced on 21 June 2002 Delhi Electricity Regulatory Commission (Grant of Consent for Captive Power Plants) Regulations, 2002 Published vide Notification No. F.8 (10) /DERC/2001-02/894 in the Delhi Gazette, Extraordinary Part 4, dated 21st June, 2002 No. F.8 (10) /DERC/2001-02/894, dated 21st June, 2002. - In exercise of the powers conferred on it by section 61 of the Delhi Electricity Reform Act, 2000 (Act 2 of 2001), the Delhi Electricity Regulatory Commission hereby makes the following regulations, namely: Chapter I General ---------------------- ### 1. Short title, commencement and Interpretation. - (i) These regulations shall be called Delhi Electricity Regulatory Commission (Grant of Consent for Captive Power Plants) Regulations, 2002. (ii) These regulations shall come into force on the date of their publication in the official Gazette. (iii) They extend to whole of the National Capital Territory of Delhi except the areas covered by New Delhi Municipal Council and Delhi Cantonment Board. ### 2. Definitions. - In these regulations unless the context otherwise requires: (i) "Act" shall mean the Delhi Electricity Reform Act, 2000 (Act 2 of 2001). (ii) "Authority" shall mean the Central Electricity Authority constituted under section 3 of the Supply Act. (iii) "Board" shall mean Delhi Vidyut Board, its predecessor or successor entities. (iv) "Captive Power Plant (CPP)" shall mean the power plant set up/proposed to be set up by a person or a group of persons for their use. (v) "Co-generation" shall mean the installation in which two or more forms of useful energy (e.g. electric power & steam, electric power & shaft power etc.) are produced simultaneously. (vi) "Commission" shall mean Delhi Electricity Regulatory Commission. (vii) "Consent" shall mean the consent of the Commission envisaged under section 44 of the Supply Act read with section 26(3) and 63(3) (v) of the Act which shall be without prejudice to the compliance of any other law for the time being in force. (viii) "Electricity Act" shall mean the Indian Electricity Act, 1910 (Act 9 of 1910). (ix) "Order(s)" shall mean the Tariff Order(s) issued by the Commission from time to time. (x) "Regulations" shall means these Regulations. (xi) "Rules" shall mean Indian Electricity Rules, 1956. (xii) "Supply Act" shall mean the Electricity (Supply) Act, 1948 (Act 54 of 1948). (xiii) Words or expressions used but not defined in these regulations and defined in the Act or Electricity Act or Supply Act or Rules or Order(s) shall have the same meanings respectively assigned to them in these Acts or rules or Orders as the case may be. In other cases, unless the context otherwise requires, words and expressions occurring in these regulations but not defined in these regulations or any of the above Acts or Rules or Orders shall have the same meaning as commonly understood in the electricity supply industry. Chapter II Grant/renewal of consent for Captive Power Plants (CPPs) ------------------------------------------------------------------------ ### 3. General. - (i) No person, other than those authorised to do so by the consent granted by the Commission or by virtue of exemption under these regulations or authorised to or exempted by any other authority under the Act or Electricity Act or Supply Act shall install or operate a captive power plant in the National Capital Territory of Delhi. Provided that CPP with a total installed capacity upto 25 kVA shall be exempted from the grant of consent and shall not be connected with the grid of the Board. CPP with capacity above 10 kVA and upto 25 kVA shall inform the Commission in writing about the installation of CPP as per Annexure-I within 30 days of its installation. CPP of capacity above 25 kVA shall follow the procedure for grant/renewal of consent for CPP as prescribed in regulation 4. (ii) The consent of the Commission or exemption as provided hereinabove shall be without prejudice to the compliance of any other law for the time being in force. (iii) Consent of the Commission shall be valid for a period upto 10 years from the date of issue of consent letter. (iv) The grant of consent for setting up of CPP shall be considered for a total installed capacity ordinarily not exceeding 200% of the sanctioned load. This limit of capacity shall not apply to CPP based on renewable energy sources and cogeneration plants. (v) For units of CPP proposed to be standby/stand-alone and not connected with the grid the CPP shall install inter-locking/change-over switch of proper rating to avoid parallel operation and damage to the Boards installation. (vi) For the CPP proposed to be run in parallel with the B09rd's system the following conditions shall apply: (a) CPP shall not be entitled to any compensation in the event of grid failure during interruptions in the Board's system and. it shall make suitable provisions to Isolate its installation to avoid any damage in the event of variation in the Board's system parameters. (b) The synchronisation with Board's system shall be at 11 kV or higher voltage level. (c) CPP shall procure and install equipment for interfacing with the Board's system such as transformers panels kiosk protection equipment meters and interlinking lines etc. from the point of generation to the Board's system. Amongst others, maintenance of the equipment shall also be undertaken by the CPP as per the specifications and technical requirements of the Board. (d) In the event of any grid sub-station/line of the Board requiring augmentation to absorb the CPPs power, this work shall be undertaken by the Board. (vii) The Board shall, within 15 days from the date of notification of these regulations in the official gazette, designate officers for the purpose of submission of copy of application for grant/renewal of consent for CPP to the Board and for issuing notice for unauthorized use of CPP areawise/districtwise and shall notify their designation, office address and the timing for submission of the application for grant/renewal of consent. ### 4. Procedure for Grant/Renewal of Consent for Captive Power Plant. - (i) Filing of application : (a) Application for grant/renewal of consent for setting up/operation of CPP shall be submitted, in duplicate, to the Commission in the prescribed form as per the format given in Annexure -II. The applicant shall file an affidavit in support of this application as per the format given in Annexure III. (b) The applicant shall apply simultaneously for No Objection Certificate from Government of NCT of Delhi through Power Department by submission of a copy of the application and the copy of acknowledgement shall be filed along with the application to the Commission. (c) Two copies of the application shall also be submitted to the designated officer of the Board and the copy of acknowledgement shall be filed along with the application to the Commission. (d) The Commission shall not grant/renew consent unless it is shown that the applicant(s)and the beneficiary(ies) of the CPP is/are the same person(s) and the applicant(s) shall furnish relevant documents to that effect as a proof to the satisfaction of the Commission. (e) In case of CPPs proposed to be operated in parallel with the Board's system, additional data as per Annexure -IV shall be submitted along with the application. (f) For capacity above 25 MW, consultation with the Authority is mandatory as per the Supply Act. Accordingly, Feasibility Report of the proposed project (in quadruplicate), as per the guidelines of the Authority, shall be submitted along with the application. (ii) Fee Structure : Each application shall be accompanied by a non-refundable processing fee as prescribed herein below: | | | | --- | --- | | CPP capacity | Fee | | Above 25 kVA & upto 25 MW | Rs. 1000/- | | More than 25 MW | Rs. 1500/- | Processing fee shall be paid by means of bank draft or pay order drawn in favour of the Secretary Delhi Electricity Regulatory Commission payable at New Delhi. (iii) Grant/renewal of consent (a) The Board shall send its comments to the Commission within 30 days from the receipt of the application. If no comment is received from the Board within 30 days, it shall be presumed that the Board has no objection to grant/renewal of consent and the Commission shall proceed to decide the matter. (b) If the Board has any objection to the grant/renewal of the consent, such objection(s) shall be furnished to the Commission with a copy to the applicant within the above said period. In such a case, the Commission may at its discretion proceed to hear the matter as per procedure laid down in Delhi Electricity Regulatory Commission Comprehensive (Conduct of Business) Regulations. 2001. (c) The Government of National Capital Territory of Delhi may communicate its objection(s), if any to the Commission within 30 days of receipt of the copy of application. If no such comment is received within the said period, the Commission may at its discretion proceed in the matter as if the Government has no objection. (d) For CPP above a capacity of 25 MW, the matter shall be decided in consultation with the Authority and for this purpose the Commission shall send a copy of the application along with Feasibility Report to the Authority. The Authority may communicate its comment(s), if any, to the Commission within 45 days of receipt of the copy of application. If no such comment is received within the said period, the Commission may proceed in the matter as if the Authority had no objection. (e) The Commission shall grant/renew or refuse the consent within 3 months from the date of receipt of complete application from the CPP. ### 5. Existing Captive Power Plants. - All existing CPPs who had taken consent from the Board or any other authority earlier need not renew their consent for the remaining part of validity period of the consent and status quo shall be observed for the remaining period, provided that in the operation of the CPP they shall comply with the provisions of these regulations. However, such CPPs shall send details to the Commission about their existing arrangements with the Board along with a copy of the consent within 3 months of notification of these regulations as per Annexure I. The Board shall also forward the fist of such CPPs to the Commission within this period as per Annexure 1. Chapter III Sale of Surplus Power to the Board --------------------------------------------------- ### 6. General. - (i) In case, generating capacity of the CPP, which is a consumer of the Board, is in excess of its own requirements, the surplus power may be sold to/the Board with the approval of the Commission. (ii) CPPs that are renewable energy based or cogeneration plant shall be permitted to sell surplus power to the Board regardless of whether they are consumers of the Board or not. (iii) CPP and the Board shall enter into an agreement for sale of surplus power. The terms of such agreement and the rate at which the surplus power shall be sold to the Board shall CPP and the Board shall settle the bill in respect of sale of energy on monthly basis. ### 7. Metering. - (i) The CPP shall install two electronic tri-vector meters having Import-Export registering facility or any other special meters as prescribed by law. One meter will be designated as main meter and other as check meter. The reading of the main meter only shall form the basis for accounting of energy and billing. (ii) The meters may be installed by the Board at the cost of CPP. The meters shall be calibrated and tested by the Board before installation. The accuracy of the meter shall be checked by the Board once in every six months or earlier. In case of any defect in the metering equipment, replacement shall be provided by the Board within one month at the cost of CPP. During the intervening period, the reading of check meter shall be taken as basis for energy accounting and billing. Chapter IV Miscellaneous ----------------------------- ### 8. General. - Every CPP above 25 kVA capacity shall submit yearly (Financial Year basis) return of electricity generated and sold by 15th of May each year to the Commission and to the Board. ### 9. Environmental and Pollution Clearance. - The CPP has to abide by the emission standards set by the Union or State government. They will have to obtain all the required environmental and pollution clearances from the central or state pollution control authorities and submit proof of such clearance along with the application. The grant/renewal of consent for CPP shall be subject to such clearances. ### 10. Monitoring. - The Board shall act as monitoring agency on behalf of the Commission to check the unauthorized use of CPP. The Board shall serve a 15-day notice to the user of such CPP at the site itself as per format enclosed in Annexure- V and shall report such cases to the Commission within 7 days from the date of issue of the said notice. ### 11. Fines for non-compliance or violation. - Non-compliance or violation of these regulations shall render the beneficiary of the CPP liable to be proceeded against as per Chapter VII of the Delhi Electricity Regulatory Commission Comprehensive (Conduct of Business) Regulations, 2001. ### 12. Withdrawal of Consent. - The Commission may withdraw the consent at any time by giving one month notice if the CPP fails to abide by the provisions of these regulations or Act or Electricity Act or Supply Act or Rules or Orders. ### 13. Savings. - Nothing in these regulations shall be deemed to limit or otherwise affect the inherent powers of the Commission to make such orders as may be necessary or adopt a procedure which is at variance with any of the provisions of these regulations, if the Commission, in view of special circumstances of a matter or class of matters, deems it necessary or expedient for dealing with such a matter or class of matters. Annexure I Format for Information to the Commission regarding details of existing CPPs | | | | | --- | --- | --- | | To, The Secretary,Delhi Electricity Regulatory Commission,Viniyamak Bhavan, C-Block, Shivalik,Malviya Nagar, New Delhi – 110 017. | | For office use only:Receipt No.:Date: Signature & Stamp of designated officer | Information to the Commission regarding details of existing CPP Sir, The undersigned has set up/operates a Captive power Plant (CPP) . In this regard, the following details are furnished for kind information of the Commission. General (i) Name of the Organisation/Beneficiary (ii) Address of Registered office, if any (iii) Postal Address for communication Phone no. Fax no. Email (iv) Address of Captive Power Plant (v) Purpose of utilisation of electricity supply from CPP Details of the existing supply from Board (i) Name of the Board (ii) Date of agreement (iii) Sanctioned load (kW/MW) (iv) Contracted demand (kVA/MVA) (v) Date of availing power supply (vi) Voltage of Supply (vii) Board's tariff (Category) (viii) Connected load Particulars of Generating Units (i) Total Capacity of the CPP (ii) No. of units (iii) Name plate details of each unit (iv) Capacity of each unit (indicate standby/standalone units) (v) Voltage of generation (vi) No. of phases (vii) Power factor (viii) Fuel used (ix) Date of installation of each unit (x) [ Reference of consent obtained from Competent Authority.] [Strike out if not applicable.] Any other Information Kindly acknowledge the receipt of this communication. | | | | --- | --- | | Date:Place: | SignatureName:Address: | Annexure II Application for grant/renewal of consent of the Commission for Captive Power Plant | | | | | --- | --- | --- | | To, The Secretary,Delhi Electricity Regulatory Commission,Viniyamak Bhavan, C-Block, Shivalik,Malviya Nagar, New Delhi – 110 017. | | For office use only:Receipt No.:Date: Signature & Stamp of designated officer | Sir, The undersigned intends to set up/operate a Captive power Plant (CPP) . In this regard, the following documents are enclosed for kind consideration of the Commission: ### 1. Salient details of the CPP installation as per prescribed format for Application Form. ### 2. Affidavit as per Annexure III ### 3. [ Additional data in case of CPP proposed to be operated in parallel with the grid as per Annexure IV.] [Strike out if not applicable.] ### 4. Copy of the acknowledgements of submission of two copies of application to the Board and one copy to GNCTD through Power Department. ### 5. Supporting documents to establish that the Captive Power Plant (CPP) is being set up by us and that we are the beneficiaries of this plant. ### 6. [ Four copies of the Feasibility Report as per guidelines of Authority (applicable for capacity more than 25 MW).] [Strike out if not applicable.] ### 7. Documents regarding ownership of the unit/premises to be supplied CPP power. ### 8. [ Copy of consent for the existing generating unit(s) .] [Strike out if not applicable.] ### 9. Demand Draft/Pay Order No.\_\_\_\_\_\_\_\_\_ Dated \_\_\_\_\_\_\_\_ for Rs. \_\_\_\_\_ (Rupees \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_) drawn in favour of Secretary, DERC payable at New Delhi ### 10. Other documents Kindly convey Commission's consent. | | | | --- | --- | | Date:Place: | SignatureName:Address: | Copy to: ### 1. The Principal Secretary (Power) , Sachivalaya, GNCT of Delhi, with a request to forward his comments to the Commission within 30 days of receipt of this application. ### 2. Designated officer of the Board, with the request to forward their comments to the Commission within 30 days of receipt of this application. Application Form for Grant/renewal of Consent by Delhi Electricity Regulatory Commission Under Section 23(3) (V) of Delhi Electricity Reform Act, 2000 for Captive Power Plant ### 1. General (i) Name of the Organisation/Beneficiary (ii) Address of Registered office, if any (iii) Postal Address for communication Phone no. Fax no. Email (iv) Address of proposed Captive Power Plant (v) Board's designated officer's name & address to whom copies of application are submitted along with date of submission (vi) Date of submission of copy of application to Principal Secretary (Power), GNCTD (vii) Does the CPP have an environmental clearance from the Pollution Board? (viii) Particulars of the processing fee (a) Demand Draft/Pay Order no. and Date (b) Name of the Bank (c) Amount ### 2. Details of the Usage (i) Purpose of utilisation of electricity supply (ii) Brief description of the process of the industry, if applicable (iii) Sanctioned load (iv) Peak power requirement (kVA/MVA) (v) Connected load (vi) Is the usage of continuous process type? (If yes, please provide justification and details (vii) Amount of power required for the critical section{s) of continuous process (viii) Whether the usage requires stringent tolerance limit in voltage & frequency? (If yes, please provide justification and details) (ix) Amount of power required for the critical section(s) sensitive to voltage and frequency variation ### 3. Particulars of existing Generating Units, if any (i) Total existing capacity of the CPP (ii) No. of units (iii) Name plate details of each unit (iv) Capacity of each unit (v) Date of installation of each unit (vi) Purpose (vii) Reference of consent obtained from Competent Authority ### 4. Particulars of proposed Generating Units (i) Capacity in kVA/MVA (ii) Capacity in kW /MW (iii) No. of units (iv) Name plate details of each unit (v) Capacity of each unit (indicate standalone/standby units) (vi) Voltage of generation (vii) No. of phases (viii) Power factor (ix) Proposed date of start of construction (x) Proposed date of commissioning (xi) Whether separate meter to record reading of units generated by CPP has been installed. (xii) Fuel(s) proposed to be used (xiii) Fuel linkages (xiv) Technical specifications of other equipment ### 5. Parallel operation with grid and/or sale of surplus power | | | | --- | --- | | Is the generating station proposed to be run in parallel with the grid? | Yes/No | | If yes, | | | (i) Do you propose to sell surplus power to Board? | Yes/No | | (ii) Name and distance of nearest point of interconnection with the grid | | | (iii) Voltage at which interconnection with system is proposed | | | (iv) Arrangements for synchronisation | | ### 6. Details, of proposed utilisation of CPP and other operational details | | | | --- | --- | | (i) Standby set to run in emergency only: | Yes/No | | (ii) Free use without reference to the availability of supply in the Grid: | Yes/No | | (iii) Is it renewable energy based plant? | Yes/No | | If yes, please state what renewable resource you propose to use. | | | (iv) Is it cogeneration based CPP? | Yes/No | | If yes please state whether it is a topping cycle or a bottoming cycle plant or both? | | (v) If it is a topping cycle cogeneration plant please indicate the percentage (as a percentage of total input heat) utilised in the process. Also enclose the process flow chart with heat and mass balances. (vi) What is the quantum of power generated from the topping cycle cogeneration (kW/MW)? (vii) If it is a bottoming cycle cogeneration plant please indicate the temperature and amount of waste heat (kCal/hr) available. Also enclose process flow chart with heat & mass balances. (viii) Will supplementary firing be adopted? (ix) What will be the fuel for supplementary firing? (x) What is the quantum of power generated from the bottoming cycle cogeneration plant? (kW /MW) ### 7. Details of the existing supply from Board (i) Name of the Board (ii) Date of agreement (iii) Contracted demand (kVA/MVA) (iv) Date of availing power supply (v) Voltage of Supply (vi) Board's tariff (Category) (vii) Whether supply from Board is in the continuous process category? (viii) Whether specifically permitted to draw power in peak hours? ### 8. Other Technical & Financial Particulars (i) If capacity of the CPP is higher than the sanctioned load, state the reasons for such additional requirement (ii) Preventive arrangements against back feeding to the system from standby/stand alone units, if grid power has been availed (iii) Estimated cost including IDC (Interest During Construction) (iv) Cost per kW/MW of generating capacity (v) Cost per unit of generation (a) First year (b) Levelised (vi) Fixed cost per unit (vii) Variable cost per unit (viii) Planned peak generation in kW/MW (ix) Operating Plant Load Factor (x) Total annual requirement of electricity in kWh/MWh (xi) Peak requirement in kW/MW ### 9. Any other Information | | | | --- | --- | | Date:Place: | SignatureName of the Applicant | Annexure III Format for Affidavit verifying the Petition/Reply/Application Before The Delhi Electricity Regulatory Commission New Delhi Filing No.: Case No.: (To be filled by the Office) In the Matter of: (Gist of the purpose of the Petition or application) and In the Matter of: (Name and full address of the petitioner/applicant and names and full addresses of the respondents) Affidavit verifying the Petition/Reply/Application I, ............... son of............. aged....... residing at..................... do solemnly affirm and say as follows: ### 1. I am the petitioner/applicant/respondent etc. or I am a Director/Secretary/partner/................. of ............. the petitioner/applicant/respondent in the above matter and am duly authorized by the said petitioner/applicant/respondent to make this affidavit. ### 2. The statements made in paragraphs.............. of the petition/application/reply herein now shown to me and marked with the letter 'A' are true to my knowledge and the statements made in paragraphs............... are based on information received from.............. (indicate source) and I believe them to be true. Deponent I, Solemnly affirm at......... on this day of......... that the contents of the above affidavit are true to my knowledge, no part of it is false and nothing material has been concealed therefrom. Deponent Witness: Annexure IV Additional data required in case of CPP proposed to be operated In parallel with the grid ### 1. Generator Data (a) Direct axis sub-transient/transient reactance of each machine separately (b) Generator capability curve enclosed: Yes/No (c) Active-reactive power capability (d) Grounding details of neutral ### 2. Step-up Transformer data (a) Number of transformers (b) Voltage ratio (c) Vector Group of each transformer (d) Grounding details of neutral (e) Capacity in MVA (f) Percentage impedance of each transformer on its own base (g) On-load/Off-load tap changer details ### 3. Inter-connection arrangement with the Grid (a) Length and number of circuits. Conductor size of the line connecting CPP with the Board's sub-station switchyard (b) In case of loop-in & loop-out arrangement, length of each section with conductor size and number or circuits (c) Per unit line parameters (d) Equipment short circuit rating (e) Inter-connection arrangement with the Board system as per agreement (f) Single line diagram of inter-connection arrangement with the Board system Annexure V Notice for Unauthorised Operation of Captive Power Plant Whereas, the Delhi Electricity Regulatory Commission (the Commission) constituted under the Delhi Electricity Reform Act, 2000, in exercise of the powers conferred on it vide section 61 of this Act, have issued regulations for setting up/operation of Captive Power Plant (CPP) in the National Capital Territory of Delhi directing that beneficiaries of CPP with capacity above 10 kVA and upto 25 kVA are required to inform the Commission and those above 25 kVA should file application with the Commission for grant/renewal of consent from the Commission for its installation/operation. These regulations were notified vide Notification No. .......... dated ........... in Delhi Gazette. Your premise was inspected on ........... and as per the copy of the inspection report enclosed, you were found operating CPP of ........... kW/kVA capacity. You have not produced the proof of having informed the Commission or having obtained the necessary consent from the Commission. Whereas, you are liable to proceeded against for operating the CPP without such information/consent of the Commission under Regulation 11 of the said Regulations. By virtue of powers vested in the Board in Regulation 10 of the said Regulations, your case is hereby reported to the Commission for further necessary action. You are advised to give explanation to the Commission for the irregularity noticed within 15 days at the following address: The Secretary, Delhi Electricity Regulatory Commission, Viniyamak Bhavan, C-Block. Shivalik, Malviya Nagar, New Delhi-110017. Signature and stamp of designated Officer of the Board Encl: Inspection Report No. ......... Dated ............ Copy to: Secretary, Delhi Electricity Regulatory Commission along with a copy of the Inspection Report

65ba1ffdab84c7eca86eaaa0

acts

State of Maharashtra - Act ---------------------------- The Indian Forest (Bombay Amendment) Act, 1953 ------------------------------------------------ MAHARASHTRA India The Indian Forest (Bombay Amendment) Act, 1953 ================================================ Act 25 of 1953 ---------------- * Published on 12 May 1953 * Commenced on 12 May 1953 The Indian Forest (Bombay Amendment) Act, 1953 (Bombay Act No. 25 of 1953 ) [Dated 12th May, 1953] For Statement of Objects and Reasons, see Bombay Government Gazette, 1953, Part V, page 156. An Act to amend the Indian Forest Act, 1927 in its application to the State of Bombay. Whereas it is expedient to amend the Indian Forest Act, 1927, in its application to the State of Bombay, for the purpose hereinafter appearing; It is hereby enacted as follows:- ### 1. Short title. - This Act may be called the Indian Forest (Bombay Amendment) Act, 1953. ### 2. Amendment of sections 52, 53 and 55 of Act XVI of 1927. - In sections 52, 53 and 55 of the Indian Forest Act, 1927, for the word "carts", wherever it occurs, the word "vehicles" shall be substituted.

65ba7257ab84c7eca86eb5d9

acts

Union of India - Act ---------------------- THE INTEGRATED GOODS AND SERVICES TAX (AMENDMENT) ACT, 2018 ------------------------------------------------------------- UNION OF INDIA India THE INTEGRATED GOODS AND SERVICES TAX (AMENDMENT) ACT, 2018 ============================================================= Act 32 of 2018 ---------------- * Published in Gazette of India 32 on 29 August 2018 * Not commenced An Act further to amend the Integrated Goods and Services Tax Act, 2017. BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows: ### 1. Short title and commencement. (1) This Act may be called the Integrated Goods and Services Tax (Amendment) Act, 2018. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. ### 2. In section 2 of the Integrated Goods and Services Tax Act, 2017 (hereinafter referred to as the principal Act), (i) in clause (6), in sub-clause (iv), after the words "foreign exchange", the words "or in Indian rupees wherever permitted by the Reserve Bank of India" shall be inserted; (ii) in clause (16), in the Explanation, in the long line, after the words "function entrusted", the words, figures and letter "to a Panchayat under article 243G or" shall be inserted. ### 3. In section 5 of the principal Act, for sub-section (4) , the following sub-section shall be substituted, namely: "(4) The Government may, on the recommendations of the Council, by notification, specify a class of registered persons who shall, in respect of supply of specified categories of goods or services or both received from an unregistered supplier, pay the tax on reverse charge basis as the recipient of such supply of goods or services or both, and all the provisions of this Act shall apply to such recipient as if he is the person liable for paying the tax in relation to such supply of goods or services or both.". ### 4. In section 8 of the principal Act, in sub-section (2) , in Explanation 1, in clause (iii), the words, ''being a business vertical'' shall be omitted. ### 5. In section 12 of the principal Act, in sub-section (8) , the following proviso shall be inserted, namely: "Provided that where the transportation of goods is to a place outside India, the place of supply shall be the place of destination of such goods.". ### 6. In section 13 of the principal Act, in sub-section (3) , in clause (a), for the second proviso, the following proviso shall be substituted, namely: "Provided further that nothing contained in this clause shall apply in the case of services supplied in respect of goods which are temporarily imported into India for repairs or for any other treatment or process and are exported after such repairs or treatment or process without being put to any use in India, other than that which is required for such repairs or treatment or process;". ### 7. In section 17 of the principal Act, after sub-section (2) , the following sub-section shall be inserted, namely: "(2A). The amount not apportioned under sub-section (1) and sub-section (2) may, for the time being, on the recommendations of the Council, be apportioned at the rate of fifty per cent. to the Central Government and fifty per cent. to the State Governments or the Union territories, as the case may be, on ad hoc basis and shall be adjusted against the amount apportioned under the said sub-sections.". ### 8. In section 20 of the principal Act, after the fourth proviso, the following provision shall be inserted, namely: "Provided also that where the appeal is to be filed before the Appellate Authority or the Appellate Tribunal, the maximum amount payable shall be fifty crore rupees and one hundred crore rupees respectively.''.

65b97e75ab84c7eca86e9376

acts

State of Punjab - Act ----------------------- Punjab Regional and Town Planning and Development (General) Rules, 1995 ------------------------------------------------------------------------- PUNJAB India Punjab Regional and Town Planning and Development (General) Rules, 1995 ========================================================================= Rule PUNJAB-REGIONAL-AND-TOWN-PLANNING-AND-DEVELOPMENT-GENERAL-RULES-1995 of 1995 ----------------------------------------------------------------------------------- * Published on 22 August 1995 * Commenced on 22 August 1995 Punjab Regional and Town Planning and Development (General) Rules, 1995 Published vide Punjab Government Notification No. GSR 49/PA 11/95S.180/95 Dated 22nd August 1995 Part I – Preliminary ---------------------- ### 1. Short title and commencement. (1) These rules may be called the Punjab Regional and Town Planning and Development (General) Rules, 1995. (2) They shall come into force at once. ### 2. Definitions. - In these rules, unless the context otherwise requires, - (a) "Act" means the Punjab Regional and Town Planning and Development Act, 1995 (Punjab Act No. 11 of 1995) ; (b) "Chairman" means the Chairman of the Authority; (c) "Committee" means a Committee of the Board appointed under Rule 5 or a Committee of the Authority appointed under section 23; (d) "Form" means Form appended to these rules ; (e) "Schedule" means the Schedule appended to these rules; (f) "Section" means a Section of the Act; and (g) "Vice-Chairman" means the Vice-Chairman of the Authority; Part II – Functioning of the Board and the Authority ------------------------------------------------------ ### 3. Allowances to be paid to the members of the Board. (1) A member of the Board shall not be entitled to receive any remuneration or allowance other than the travelling allowance, daily allowance or any other allowance which the Board may determine for the purposes of re-imbursing the expenditure incurred in attending the meetings of the Board or any of its committees or in performing any other functions of the Board. (2) An official member of the Board shall draw travelling allowance, daily allowance or any other allowance as is admissible to him under the rules of the Government of Punjab from the department of the Government of Punjab in which he is appointed at the relevant time. (3) The non-official members of the Board shall draw travelling allowance, daily allowance or any other allowance on the rates as are admissible to Class I Officers of the Government of Punjab.(Sections 4(4) and 180(2)(a)). ### 4. Temporary association of person. - The Board may associate with itself by nomination from amongst the persons who have special knowledge or practical experience in the field of housing, engineering, law, town planning, environment, architecture, traffic and transport, planning or such other specialisation for the purposes of tendering advice in the respective fields to the Board in performing its functions. (Sections 15(1) and 180(2)(b).) ### 5. Appointment of Committee. - The Board may, for the purpose of securing efficient discharge by its functions under the Act, appoint one or more committees out of its members. (2) Each committee appointed under sub-rule (1) shall consist of such number of members as the Board may determine in respect of each committee and the Chairman of the Board, and in his absence, the Vice Chairman and in the absence of the Chairman and Vice-Chairman, any other member of the Board nominated by the Chairman shall preside over the meetings of the committee. (3) The committee appointed under sub-rule (1) may associate with it such persons who have special knowledge or practical experience in the field of housing, engineering, law, town planning, environment or architecture, traffic and transport planning or such other specialisations or other persons whose assistance or advice the committee may require in the discharge of its functions assigned to it by the Board. ### 6. Procedure to be followed by the committee. - Every committee appointed under rule 5 may evolve its own procedure for the conduct of business at its meetings and for all other matters relating to its functioning. (Sections 16 and 180(2) (c).) ### 7. Powers to call for information. - The Board or a committee appointed by it under rule 5 shall be entitled to call for from any Department of the State Government or the Authority or any local authority or any other agency or organisation under the control of the State Government/Authority or the local authority, as the case may be, any information, return, statement or report required by it for the efficient discharge of its functions under the Act. (2) The Board or a committee appointed by it under rule 5 shall be entitled to require attendance at its meetings of any officer of the State Government or the Authority of a local authority or any other agency or organisation referred to in sub-rule (1) who is required to assist the Board or the committee in the discharge of its functions. (Sections 16 and 180(2)(c).) ### 8. Qualifications and experience for appointment as Chief Administrator. - The Chief Administrator of - (a) the Punjab Urban Planning and Development Authority established under section 17 of the Act, shall be appointed from amongst the officers of the Government of Punjab who are not below the rank of Secretary [ or Special Secreatry] [Inserted vide Punjab Government Gazette L.S.P. III dated 7-12-1995] to Government of Punjab; and (b) A special Urban Planning and Development Authority constituted under section 29 or of a New Town Planning and Development Authority constituted under section 31 shall be appointed from amongst the officers of the State Government who are not below the rank of an Additional Secretary to that Government. (Sections 17, 29, 31 and 180(2)(e).) ### 9. Term of office and conditions of services of members of the Authority. - Subject to the provisions of the Act, the term of office of a non-official member of an Authority shall be three years from the date of his appointment : Provided that at the expiry of the period of his appointment, member shall be eligible for re-appointment. (Sections 18(1) and 180(2)(f).) ### 10. Allowances to be paid to members of the Authority. - The members of an Authority other than the Chief Administrator, shall not be entitled to receive any remuneration or allowance from the Authority other than the travelling allowance, daily allowance or any other allowance, at the rates determined by the Authority and till it is so determined at the rates for the time being admissible to Class I Officers of the State Government under the Punjab Civil Service Rules for the purpose of reimbursing the expenditure incurred in attending the meetings of the Authority or any of its committees or in performing any other function of the Authority. (Sections 18(1) and 180(2)(f).) ### 11. Salary and allowances to be paid to the Chief Administrator. - The Chief Administrator shall be a whole time paid member of the Authority and he shall receive out of the fund of the Authority such salary and allowances as may be determined by the State Government, at the time of his appointment : Provided that in respect to any matter which is not specifically determined by the State Government, the provisions of the rules and regulations applicable to other employees of the Authority shall apply to the Chief Administrator in respect of such matter. (Sections 18(3) and 180(2)(h).) Part III – Completion of Buildings, Extension in Time for such Completion, Fee for such Extension, Procedure for Appeal and Revision and Service of Notice ------------------------------------------------------------------------------------------------------------------------------------------------------------ ### 12. Building rules. - The Punjab Urban Estate (Development and Regulation) Rules, 1974 so far as they are not in consistent with the provisions of the Act, shall mutatis matandis apply in respect of matters specified in sub- section (2) of section 43 till the date rules are made under clause (i) of sub-section (2) of section 180. (Sections 43(9) 12 and 180(2)(i).) ### 13. Time within which building is to be completed. (1) The transferee shall complete the building within three years from the date of issue of allotment order or the date of auction, as the case may be, in accordance with these rules. (2) [ The time limit specified in sub-rule (1) may be extended by the Estate Officer in the manner and on payment of such fee as fixed by the Authority or its committee from time to time, if he is satisfied that the failure to complete the building within the said period was due to a cause beyond the control of transferee.] [Substituted vide Punjab Notification No. GSR102/PA/11/95/s.180/Amd.(2) /2001 dated 8.10.2001 w.e.f. 22.8.1995.] (3) Extension in time limit in terms of the provisions of sub-rule (2) may be granted by the Estate Officer for a period not exceeding five years on the payment of fee at the following rates, [for the time being and Authority or its Committee is authorized and competent to revise/modify/alter/amend/enhance the aforesaid structure of payment of prescribed extension fee as fixed herein before by any decision, circular, general or special order and it shall deemed to have come into effect for all intents and purposes from such date prior to later fixing the structure of extension fee.] [Inserted vide Punjab Notification No. GSR102/PA/11/95/s.180/Amd.(2) /2001 dated 8.10.2001 w.e.f. 22.8.1995.] namely:- (a) in the case of residential plots as under :- | | | | --- | --- | | Period of extension | Rate of fee per square metre | | (i) First year | Rs. 1.50 | | (ii) Second year | Rs. 2.00 | | (iii) Third year | Rs. 2.50 | | (iv) Fourth year | Rs. 4.50 | | (v) Fifth year | Rs. 6.00 | (b) in the case of commercial plots as under :- | | | | --- | --- | | Period of extension | Rate of fee | | (i) First year | One per cent of the sale price | | (ii) Second year | One and half per cent of the sale price | | (iii) Third year | Two per cent of the sale price | | (iv) Fourth year | Two and a half per cent of the sale price | | (v) Fifth year | Three per cent of the sale price | (4) For the purpose of sub-rule (5) extension in time shall be given for a calendar year that is for the period commencing from the 1st January and ending with the 31st December : Provided that if the period of three years following the date of allotment of auction expires, - (i) after the 30th June of a given year or if the period of extension commences from any date after the 30th June, the period of three years shall automatically stand extended upto the 31st December of that year and no fee for the period will be chargeable; and (ii) during the period following between the 1st January and the 30th June of a given year fee at half the rate specified in sub-rule (3) shall be payable for that year. (5) For removal of doubts it is hereby declared that fee prescribed under this rule shall be payable [by a transferee who, has failed to complete teh building within specified period] [Inserted vide Punjab Notification No. GSR102/PA/11/95/s.180/Amd.(2) /2001 dated 8.10.2001 w.e.f. 22.8.1995.] irrespective of the fact whether the plot-holder applies or does not apply for extension under this rule. (Section 43(2) and 180(2)(i). (6) [ In genuine cases of hardship of a class of person(s), the committee may by general or specific order remit or waive off partly or fully the extension fee for any person(s) for the reasons to be recorded in writing.] [Inserted vide Punjab Notification No. GSR102/PA/11/95/s.180/Amd.(2) /2001 dated 8.10.2001 w.e.f. 22.8.1995.] ### 14. Appeal. (1) An appeal against an order passed under section 44 or section 45 shall be presented to the Chief Administrator either by the appellant or his agent or shall be sent by registered post addressed to the Chief Administrator in the form of a memorandum of appeal indicating the date of the order appealed against, setting forth concisely the grounds of appeal accompanied by a certified copy of the order appealed against. (2) The memorandum of appeal shall be signed by the appellant or his agent and shall be accompanied by a fee of fifteen rupees. (3) On receipt of the memorandum of appeal the Chief Administrator shall fix a date for hearing the parties. (Sections 45(5) and 180(2)(j).) ### 15. Revision. - The provisions of rule 14 shall apply mutatis mutandis to every application for revision of any order passed by the Chief Administrator under sub-section (6) or sub-section (7) of section 45. (Sections 45(5) and 180(2)(j).) ### 16. Manner of service of notice. - In addition to the mode of service specified in the Act, a notice issued under sub-section (1) of section 46 or section 47 shall be served by delivering or tendering a copy of the notice to the person for whom it is intended or to any adult member of his family. (2) Where a copy of the notice is delivered or tendered in terms of sub-rule (1), the signatures of the person to whom the notice is so delivered or tendered shall be obtained in token of acknowledgement of the service. (3) In terms of sub-rule (2), if the person or the adult member of the family of such person refuses to sign or where such person cannot be found after using all dues and reasonable diligence and there is no adult member of the family of such person, a copy of the notice shall be affixed on the outer door or some other conspicious part of the ordinary residence or usual place of business of such person and the original notice shall be returned to the Estate Officer who issued the notice, with a report endorsed thereon or annexed thereto stating that a copy has been so affixed, the circumstances under which it was so done and the name and the address of the person, if any, by whom the ordinary or usual place of business was identified and in whose presence the copy was affixed. (4) If a notice issued under sub-section (1) of section 46 or section 47 cannot be served in the manner provided in the Act or in sub-rule (1), the Estate Officers may, if he thinks fit, direct that such notice may be published in at least one newspaper having circulation in the locality and the contents of the notice be proclaimed in the locality by beat of drum. (Sections 46(1), 47 and 180(2)(k) and (p).) Part IV – Budget, Accounts and Audit of Accounts of the Authority ------------------------------------------------------------------- ### 17. Budget of the Authority. - The authority shall prepare its annual budget for the next financial year showing the estimated receipts and expenditure of the Authority in the form set out in Schedule I before or by the 31st January preceding the commencement of the said financial year and shall forward five copies of the budget so prepared and sanctioned by the Authority to the State Government within thirty days from the date of its sanction. (Sections 52 and 180(2) (m).) ### 18. Supplementary Budget of the Authority. (1) The Chairman or with the approval of the Chairman, the Vice-Chairman of the Authority may, at any time during the year for which a budget has been prepared, lay a supplementary budget before the Authority at a special meeting. (2) The supplemenatary budget shall be prepared in the same manner and form in which annual budget is prepared under rule 17. (3) The provisions of rule 17 will appply to the supplementary budget as regards submission of its copies to the State Government. (Sections 52 and 180(2)(m).) ### 19. Preparation and maintenance of accounts of the Authority. - Subject to the provisions of the Act and the directions issued by the State Government in this behalf the Authority shall maintain and keep at its headquarters proper books of accounts and other relevant records with respect to, - (a) all sums of money received and expended by the Authority and the matters in respect of which the receipt and expenditure takes place ; (b) all sales and purchases of land, sites, buildings, apartments; and (c) the assets and liabilities of the Authority. (2) The Authority shall, in each year hold in addition to any other meetings, a meeting at its annual meeting which shall be held within a period of six months ending with the date of closing of the financial year. (3) At every annual meeting of the Authority held in pursuance of sub-rule(2), the Chief Administrator of the Authority shall lay before the Authority - (a) a balance sheet as at the end of the financial year; and (b) an income and the expenditure account for the financial year. (4) Every balance sheet of the Authority shall give true and fair view of the State affairs of the Authority as at the end of the financial year and shall be in the form set out in Part I of Schedule II or as near thereto as circumstances admit or in such other form as may be approved by the State Government. (5) Every income and expenditure account shall give a true and fair view of the excesses of income over expenditure or the excesses of expenditure over income for the financial year and shall be in the form the set out in part II of Schedule II or as near thereto as circumstances admit or in such other form as may be approved by the State Government. (6) The income and expenditure account including the balance sheet prepared under sub-rule (1) shall be signed on behalf of the Authority by not less than two members of the Authority one of whom shall be the Chief Administrator or the Vice-Chairman. (7) The income and expenditure account including the balance sheet shall be approved by the Authority before they are signed on behalf of the Authority in accordance with the provisions of sub-rule (6) and before they are submitted to the auditors for their report thereon. (8) The Authority shall send a copy of the income and expenditure account including the balance sheet together with the audit report thereon to the State Government and also publish it in the Official Gazette of the Government of Punjab. (Sections 53 and 180(2)(n).) ### 20. Audit report of the Authority. - As soon as the accounts of the Authority are audited by the auditors only qualified to act as auditors under sub- section (i) of section 226 of the Companies Act, 1956, the Authority shall send a copy thereof together with the audit report thereon to the State Government and the accounts so audited shall be published in the Official Gazette of the Government of Punjab. (Sections 53(3) and 180(2)(n).) ### 21. Annual report of the Authority. (1) After the close of each financial year, the Authority shall prepare and submit to the State Government not later than the 31st July, next following, an annual report of its activities during that year. (2) The annual report referred to in sub-rule (1) shall be divided into two parts, namely:- (a) Part I shall contain general information on the activities of the Authority as far as possible containing chapters on administration, works and schemes, development of land and buildings including new townships, construction of houses, special programmes undertaken for low income groups, regulation and enforcement, management of land, buildings and other properties, finance and accounts, research and development including programmes in engineering, town planning and architectural activities and other miscellaneous matter; and (b) Part II shall contain appendixes giving statistical information relating to the Authority. (Sections 54 and 182(2)(q).) Part V – Planning Area and Regional Plans ------------------------------------------- ### 22. Matters to be considered in specifying planning area. - Before making a declaration under sub-section (1) of section 56 for specifying any area to be a planning area the Designated Planning Agency shall take into consideration all or any of the following matters, namely :- (a) administrative boundary limits that is District, Tehsil, Block, Municipal Area, Village etc. limits ; (b) geographical features, that is physiography, climate, water, soils and other physical resources; (c) means of communication and accessibility ; (d) distribution of population that is present and future; (e) industrial location and growth trends; (f) economic base and commercial activities; (g) preservation of historical and cultural heritage; (h) urban expansion and periphery management; (i) ecological and environmental balance; (j) balanced regional development of the State; (k) dispersal of economic activities to alleviate pressure on large cities; and (l) any other matter which the Board may consider appropriate. (Sections 56(2) and 108(2)(q).) ### 22A. Form of present land use map. [Sections 59(1) and 180. [Added vide Punjab Notification No. GSR2/PA/11/95/s.180/(Amd) (1)/2001 dated 15.1.2001.] - The present land use map for a planning area in terms of sub-section (1) of Section 59 shall be in the form of drawing which may also include charts, graphs, diagrams, photographs and other explanatory and descriptive matters as may be necessary to illustrate the present use of land, and it shall also indicate the present use of land which may be residential, commercial, industrial, traffic and transportation, re-creational, public parks, play grounds, open spaces, public and semi-public facilities, governmental, agricultural, afforestation, vacant lands or any other kind of land use.] ### 22B. Form of land use register. [Sections 59(1) and 180. [Added vide Punjab Notification No. GSR2/PA/11/95/s.180/(Amd) (1)/2001 dated 15.1.2001.] - The land use register for a planning area in terms of sub-section (1) of Section 59 shall be in Form I which shall indicate the present use of land which may be residential, commercial, industrial, traffic and transportation, re- creational, public parks, play grounds, open spaces, public and semi-public facilities, government, agricultural, afforestation, vacant lands or any other kind of land use.] ### 23. Form of Regional Plan. (1) The Regional Plan shall be in the form of a written text which may also include maps, charts, graphs, diagrams, photographs and other explanatory and descriptive matters. (2) The Regional Plans may be prepared in the manner prescribed hereunder :- (i) a physical survey of the planning area, including that of its broad land use pattern; (ii) collection of physical and socio-economic data with reference to natural and human resources, distribution of population and industry, communications network, housing requirements, environmental degeneration and such other matters as in the opinion of the Planning Agency relate to the development of the planning area ; (iii) analysis of the data, as indicated in clause (ii) by means of maps, charts, graphs, diagrams and other statistical and cartographical tools and also by means of written matter explanatory of such maps, charts, graphs, diagrams, etc. (iv) preparation of Regional Plan of the planning area, outlining major proposals of the plan; and (v) preparation of written matter including zoning regulations forming part of the Regional Plan and including such summary of main proposals and such descriptive matters, as the Planning Agency may consider necessary to illustrate or explain the proposals, indicated by means of maps, charts, diagrams and documents. (Sections 62(1) and 180(2)(t).) ### 24. Form and manner of publication of notice of draft Regional Plan under section 63. - A public notice in Form I-A stating the fact that the draft Regional Plan of a planning area or a part thereof, as the case may be, has been prepared indicating therein clearly the boundaries of such planning area shall be published in the Official Gazette of the Government of Punjab and also in two newspapers in circulation in the planning area, one of which shall be of the offical language of the state, by the Designated Planning Agency, for inviting objections and suggestions within ninty days from the date of publication of the notice. (Sections 63(1) and 180(2)(t).) ### 25. Form and manner of publication of notice of Regional Plan under section 64. (1) A public notice in Form II stating the fact that the draft Regional Plan or part thereof as the case may be sent to the State Government in terms of sub-section (9) of section 63 has been approved by the State Government. (2) It shall also be stated in the notice to be published under sub-rule (1) that the Regional Plan or part thereof, as the case may be, shall come into operation after the expiry of a period of one month from the date of publication of notice referred to above and a copy thereof may be inspected at all reasonable hours in the offices of- (i) the Board ; (ii) the Designated Planning Agency; and (iii) the Deputy Commissioner(s), Sub Divisional Officers (C), Block Development and Panchayat Officer and local authorities in whose jurisdiction the Planning Area wholly or partly falls. (Sections 64(1) and 180(2).) ### 26. Application for permission for development or change of land use. (1) Every application for changing the use of any land for any purpose or for carrying out any development in respect of any land under sub-section (1) of section 67 shall be made to the Competent Authority in Form III and shall be accompained by the following plans and documents in triplicate, namely :- (i) a copy of revenue plan (aks shajra), showing the location of the land as per the Index Plan and such revenue particulars such as the name of the revenue estate Khasra numbers, area of each of such units of land (that is khasras) and the total area; (ii) a location plan (guide map) on a scale of not less than 1/50000, showing the location of the land in relation to the surrounding geographical features to enable its precise identification on the ground; (iii) where the area of the land is one and a half hectare or more, a survey plan of the land on a scale of not less than 1/10000, showing the boundaries of the land in question and also spot levels at a linear distance of at least fifty metres; and (iv) a plan on a scale of not less than 1/10000, indicating the proposed use or development in respect of the said land, including the existing and the proposed means of its access front and to the established communication network; (2) Every application (including all the plans and documents enclosed therewith) made under sub-rule (1) shall be signed by the applicant or his duly authorised agent. (3) Every application under sub-rule (1) made by any person other than a Department of the State Government or the Central Government shall be accompanied by a fee of five hundred rupees per hectare or part thereof to be paid by way of demand draft drawn on a Scheduled Bank. (Sections 67(1) and 180(2)(u).) ### 27. Manner of communicating ground of refusal. - Where the permission is refused under sub-section (3) of section 67, the grounds of such refusal shall be recorded in Form IV and shall be handed over to the applicant if he is present and his acknowledgement shall be obtained and in case he is not present shall be communicated to the applicant at sending a copy thereof by registered post addressed to the applicant at the address given by the applicant in the application submitted to the Competent Authority under rule 25. (Sections 67(5) and 180(2)(w).) ### 28. Form of Register of applications for permission. (1) The Register of applications for permissions under sub-section (6) of section 6 shall be maintained in Form V. (2) The register of applications maintained in Form V for permission shall be available for inspection by any member of the public at all reasonable hours on payment of a fee of rupees ten payable by cash or by way of postal order. (Sections 67(6) and 180(2)(x).) ### 29. Manner of filing appeal against refusal of permission. (1) An appeal against an order passed under section 67 shall be, in writing, signed by the applicant or his duly authorised agent and shall be accompanied by the following documents, namely:- (i) a certified copy of the order appealed against; (ii) a precise statement of the facts of the case; (iii) statements of facts and law in support of the case; and (iv) any other material document of evidentiary value relied upon. (2) The application of appeal made under sub-rule (1) shall be accompanied by a fee of rupees fifty. (Section 68(1) and 180(2)(z).) Part VI – Preparation and Approval of Master Plan --------------------------------------------------- ### 30. Form and content of Outline Master Plan. (1) The Outline Master Plan shall be in the form of a written text which may also include maps, charts, graphs, diagrams, photographs and other descriptive matters which the Designated Planning Agency may consider appropriate to illustrate the provisions of the Outline Master Plan. (Sections 70(2) and 180(2)(Za).) (2) The provisions of rules 22 and 23 relating to the manner of preparation of a draft Regional Plan shall mutatis mutandis apply to the preparation of the Outline Master Plan. (3) The Outline Master Plan may include all or any of the following matters namely:- (i) the reports of survey analysis of the socio-economic conditions of the planning area and its vicinity and periphery with special reference to the trends of population industries, business, commerce and such other matters as may relate to the planned development; (ii) a land use plan based upon such surveys of the existing use of land as may be necessary, as well as projected requirements of land for urban needs and consisting of comprehensive proposals for the most desirable utilisation of such land for uses such as green belt natural reserves, parks and residential, commercial, industrial, cultural, educational, transportation, re-creational, public and semi-public activities; (iii) a traffic and transportation plan based upon the report of survey and inventory of traffic volumes, capacity of existing roads, highways and railways and consisting of proposals for a pattern of streets, roads, highways and parking, loading, un-loading and terminal facilities and airports to serve the present and future requirements; (iv) a public utilities plan, consisting of proposals for provision of water, electricity, drainage and disposal of sewage and refuse; (v) a housing plan consisting of estimates of housing requirements and proposals relating to standards of new housing units ; (vi) education, re-creation and community facilities plan indicating proposals for parks, open-spaces, re-creational, educational and other centres; (vii) other amenities plan indicating proposals for hospitals, dispensaries, vaccination centres etc; (viii) reports of survey and proposals for improvement or elimination of slums and lighted areas; (ix) reports on re-development or renewal of specific areas; (x) a financial plan, containing estimates of revenue and resource, estimates, and objectives of public services and such other fiscal matters and proposals for implementation in stages, of the Outline Masters Plan; (xi) an administrative plan, consisting of proposals and recommendations for administrative structure and proceeding and processes such as zoning, sub-division and regulations as may be necessary for the operation and implementaion of the Outline Master Plan; and (xii) such other reports on specific matters, which in the opinion of the Designated Planning Agency, are necessary or desirable for the development of the planning area. (4) The Board shall within a period of one month from the submission of the Outline Master Plan to it by the Designated Planning Agency in terms of sub- section (1) of section 70, direct the Designated Planning Agency to make the modifications,if any, in the Outline Master Plan and when these modifications are carried out, the Board shall give its approval to the Outline Master Plan as envisaged in sub-section (4) of section 70. (Section 70(2) and 180(2)(Za).) ### 31. Resolving of Contradictions. (1) In the case of any contradiction between the particulars of proposals shown on one map and those shown on any other map or maps in respect of any area to which the Outline Master Plan relates, the map which is to a larger scale shall prevail and in the case of any such contradiction between any map and the written statement, the latter shall prevail. (Sections 70(2) and 180(2)(za).) ### 32. Consent of the Municipal Committee or the Municipal Corporation. (1) After the Outline Master Plan is approved by the Board under section 70, the Designated Planning Agency shall, where it is not a Municipal Committee or Municipal Corporation, prepare the draft Comprehensive Master Plan for the Local Planning area or a part thereof. (2) The draft Comprehensive Master Plan prepared by a Designated Planning Agency other than a Municipal Committee or Municipal Corporation, shall be submitted to the Municipal Committee or the Municipal Corporation in whose jurisdiction the local planning area or a part thereof, for which the draft Comprehensive Master Plan has been prepared, falls for giving its consent to the draft Comprehensive Master Plan within a period of sixty days from the date of its receipt, failing which its consent shall be presumed to have been given. (3) The provisions of rules 28 and 30 relating to the Outline Master Plan shall mutatis mutandis apply to the draft Comprehensive Master Plan as also to the form and contents thereof. (Sections 71(1)(b) and 180(2)(zb).) ### 33. Public Notice of draft Comprehensive Master Plan. (1) The draft Comprehensive Master Plan, shall, in addition to its publication in the Office Gazette of the Government of Punjab, in both map and written test forms be also displayed at a conspicuous place in the offices of,- (i) the Board ; (ii) the Designated Planning Agency ; (iii) the Deputy Commissioner(s) of the District(s) in which the local planning area wholly or partly falls; and (iv) the local authority or local authorities in whose jurisdiction the local planning aea wholly or partly falls. (2) A public notice stating the fact that the draft Comprehensive Master Plan of a local Planning area or a part thereof, as the case may be, has been approved by the Board and setting forth clearly the boundaries of such local planning area shall also be published in at least two newspapers in circulation in the local area, one of which shall be of the official language of the state. (Sections 73(1) and 180(2) (zc).) ### 34. Amendment of the draft Comprehensive Master Plan. (1) After considering all the objections and suggestions and after hearing the persons under sub- section (2) of section 73, any amendments in the draft Comprehensive Master Plan may be made by the Designated Planning Agency within a period of ninty days or within such further period as the Board may extend : Provided that the period so extended shall not exceed six months. (Sections 73(3) and 180(2)(zd).) ### 35. Approval by State Government. - The State Government may, within a period of thirty days from the date of receipt of the draft Comprehensive Master Plan in terms of sub-section (3) of section 70 approve the draft Comprehensive Master Plan or may approve it with modifications as it may consider necessary or may return the draft Comprehensive Master Plan to the Designated Planning Agency to modify it or prepare a fresh plan in accordance with the conditions as the State Government may impose in this behalf. (Sections 74 and 180(2)(za).) Part VII – Control of Development and Use of Land in the Area where Master Plan is in Operation ------------------------------------------------------------------------------------------------- ### 36. Form of application for permission under section 81. (1) Every person intending to carry out any development in respect of, or a change of use of, any land or intending to sub-divide his plot or to layout a private street shall make an application to the Competent Authority in Form VI for granting permission under section 81, along with the following documents and plans in triplicate, namely :- (a) For carrying out building operations. - Site plan and building plans on the scales as per the building made under the Act ; (b) For carrying out other developments of land. - (i) Description of land, property or plot [location with name of road(s) on which the property abuts] and area details ; (ii) Aks Shajra Plan with Khasra numbers of land in question (shown in red) and also adjoining Khasra numbers on the outer limits of the land; (iii) Location plan indicating the land in question on a scale of not less 1:2000 showing main approach roads and any other prominent buildings in the vicinity ; (iv) Survey plan on a scale of not less than 1:2000 showing the boundaries of land in question, natural features like nala, ponds, trees, slopes, contour Plan, if the land is undulated, high tension line passing through or adjoining land upto a distance of 200 metres, existing roads showing the right of way and railway lines with their specifications and railway boundaries, position of electric and telephone boundaries, position of electric and telephone poles and all such other matters which need to be coordinated with adjoining areas; (v) A plan on a scale of not less than 1:2000 showing all development proposals including utilities services with respect to land in question along with an explanatory note indicating the type of development proposed, namely residential, commercial or industrial or any other proposal for change of land use ; (vi) Permission from the Competent Authority in respect of development proposals relating to mining and quarrying; (vii) Any other plan, document and details which the Competent Authority may require; and (viii) Name and address of the registered Town Planner, Architect or Engineer. (Sections 81(1) and 180(2)(zf).) ### 37. Departments of Government and local authorities to notify their intention under sub-section (2) of section 81. - Every department of the Government of Punjab or the Central Government or the local authorities intending to carry out any development in respect of, or change of use of, any land shall notify in writing to the Competent Authority its intention to do so giving full particulars thereof along with the documents and plans as are specified in rule 36. (Sections 81(2) (a) and (3)(zg).) ### 38. Every application made under rule 36 shall be accompanied by a fee to be paid by way of a demand draft drawn on a Schedule Bank at the following rates namely:- (a) for building operations the same fee as is specified in the building rules made under the Act for the building operations; (b) development, re-development of land and change of land use, the fee shall be five hundred rupees per hectare or part thereof. (Sections 81(2) and 180(2)(zf).) ### 39. Mode of Communication of order under sub-section (6) of section 81. - Where permission is granted with conditions or is refused the grounds for imposing such conditions or such refusal shall be recorded in writing in an order made in Form XVI, VII or Form VIII respectively and shall either be handed over to the applicant if he is present and his acknowledgement shall be obtained or be communicated to him by a registered letter posted at his address given in the application for permission, in case he is not present. (Sections 81(6) and 180(2)(zh).) ### 40. Manner of filing appeals and payment of fee under sub-section (1) of section 82. (1) The appeal under section 82 shall be preferred in the form of a memoradum and shall be presented to the appellate authority either by the appellant himself or by his authorised agent specifying the following matters and also accompanied by the following documents, namely :- (i) the date of order appeal against along with a copy of such order; (ii) a clear statement of facts and the grounds in which the appeal is made; (iii) precisely their relief prayed for; and (iv) the following verification certificate duly signed by the applicant(s) :- "I/We\_\_\_\_\_\_\_\_\_\_\_\_\_\_ do hereby declare that the facts stated above are true to the best of my/our knowledge and belief." (2) The memorandum of appeal referred to in sub-rule (1) shall be accompanied by court fee of rupees fifty. (Sections 82(1) and 180(2)(zi).) ### 41. Time and manner in which acquisition notice under sub-section (1) of Section 84 is to be served. (1) The 'Acquisition Notice' under sub-section (1) of Section 84 shall be served on the State Government in Form IX within a period of thirty days from the date of the order of the Competent Authority or the appellant authority as the case may be, together with documentary proof of ownership, location plan and site plan including copy of the order of the Competent Authority or the appellant authority, as the case may be. (2) After receipt of the notice as Form IX, State Government shall appoint an Arbitrator for submitting a report thereon under sub-section (3) of Section 84. (Section 84(1) and 180(2)(zj).) ### 42. Time within which and manner in which compensation is to be claimed under section 85(2) and time within which notice is to be given under section 85. (1) Every claim for compensation under sub-section (2) of Section 85 shall be made to the Competent Authority within thirty days from the date of the order of revocation or modification of permission, as the case may be. (2) The claim for compensation referred to sub-rule (1) shall be made in writing and be supported with the following documents, namely :- (i) a copy of order of permission and proof of development charge or betterment charge paid; (ii) plan showing the extent of development carried out; (iii) expenditure incurred in carrying out any work in accordance with the permission which have been rendered abortive by the revocation or modification or permission duly verified by a valuer; and (3) (i) The notice of refusal to accept the amount of compensation assessed and offered by the Competent Authority shall be given by the owner to the Competent Authority within thirty days from the date of receipt of the offer. (ii) On receipt of a notice under sub-clause (i), the Competent Authority shall refer the matter for adjudication to the Arbitrator who shall be the prescribed Authority for the purpose of sub-section (4) of Section 85. (Sections 85(2) and 180(2)(zk).) ### 43. Payment of penalty. - A person who, either by himself or at the instance of any and other person, commences, undertakes or carries out development of, or change the use of, any land without obtaining certificate regarding development charge or betterment charge under section 80, the Authority may serve on such person a notice requiring him to pay the development charge or betterment charge, as the case may be, and also a penalty at the rate of eighteen per cent per annum of the amount due from him payable from the date of default upto the date it is actually paid. (Section 87(iii) and 180(2)(zzg).) ### 44. Time and the manner for applying for permission under sub-section (3) of Section 87. - Any person aggrieved by the notice referred to in sub-section (1) of Section 87 may within a period of thirty days of the date of the notice may apply for permission in Form X for retention on the land, if any, building or works or for the continuance of any use of the land, to which the notice relates. (Sections 87(3) and 180(2)(zi).) ### 45. Appeal under sub-section (3) of Section 87. (1) An appeal against the notice served under sub-section (1) of Section 87 shall be in the form of a memorandum presented to the State Government either by the appellant himself or by his authorised agent or shall be sent by registered post addressed to the State Government indicating the date of notice appealed against and setting concisely the grounds of appeal and shall be accompanied by a certified copy of the notice appealed against. (2) The memorandum of appeal shall be signed by the appellant or his authorised agent and shall be affixed with a court fee stamp of rupees fifty. (Sections 87(3) and 180(2)(zx).) ### 46. Appeal under sub-section (1) of Section 89. - Any person aggrieved by the notice served under sub-section (1) of Section 89 may appeal to the State Government within a period of thirty days from the date of service of notice in the same manner and in the same form as provided for under rule 44 for preferring appeal under sub-section (3) of Section 87. (Sections 89(2) and 180(2)(zzg).) ### 47. Manner of serving acquisition notice under sub-section (5) of Section 89. - The acquisition notice referred to in sub-section (5) of Section 89 shall be served in writing by the person interested in the land in respect of which a notice has been served under sub-section (1) of Section 89 on the State Government personally or be sent through a registered post requiring his interest in the land to be acquired within the period specified in such notice or within thirty days from the date of disposal of the appeal under sub- section (2) of Section 87. (Sections 89(5) and 180(2)(zm).) Part VIII – Town Development Schemes -------------------------------------- ### 48. Other matters to be included in the scheme. - Other matters to be included in a scheme in terms of the provisions of clause (p) of sub-section (1) of Section 91 shall be such as may be determined by the Authority by means of a resolution and the Authority may determine different matters for different schemes. (Sections 91(1)(b) and 180(2)(zzf).) ### 49. The manner of publication of declaration. - The Authority shall publish the declaration referred to under sub-section (2) of Section 92 in Form XI in two newspapers; one of which shall be of the official language of the State, widely in circulation in the area of the Scheme in addition to its publication in the Official Gazette of the Government of Punjab and the Authority shall cause copies of the declaration to be affixed at a conspicuous place in or near the area included in the development scheme and at the offices of the Authority, the local authority and the Deputy Commissioner in whose jurisdiction the area of the scheme wholly or partly falls. (Sections 92(2) and 180(2)(zzf).) ### 50. The manner of publication of notice. (1) The notice, stating that a draft Scheme in respect of an area under sub-section (1) Section 93 shall, in addition to its publication in the Official Gazette of the Government of Punjab, be published in Form XIII in two newspapers one of which shall be of the Official Language of the State, widely in circulation in the area of the Scheme, and shall also be published by displaying a copy thereof at a conspicuous place in the offices of the Authority, the local authority and the Deputy Commissioner in whose jurisdiction the area of the Scheme wholly or partly falls. (Sections 93(1) and 180(2)(zn).) ### 51. Time within which local authority is to give consent under sub-section (2) of Section 93. (1) The local authority, in which whose jurisdiction the land under the draft Scheme published under sub-section (1) of Section 93 falls, shall give its consent as required under sub-section (1) of Section 93 within a period of thirty days from the date of the Authority has issued a letter to that effect to the local authority. (Sections 93(1) and 180(2)(zn).) ### 52. Publication of declaration under sub-section (1) of Section 95. - A declaration under sub-section (1) of Section 95 regarding the making of the draft Scheme shall be published in Form XIII in the Official Gazette of the Government of Punjab and in two newspapers one of which shall be in the Official Language of the State, widely in circulation in the area in which the land is situated and copies thereof shall be passed by the Authority in a prominent place within the said land and at conspicuous place in the offices of the Authority, the local authority and in the Deputy Commissioner in whose jurisdiction the area of the scheme wholly or partly falls. (Sections 95(1) and 180(2)(zzy).) ### 53. Form of application under section 99(1) (a). - Every application for instituting or changing the use of any land or building or carrying out any development in respect of land included in the Scheme shall be made to the Authority in Form XIV and shall be accompanied by the following documents, namely :- (i) A copy of revenue plan (shajra), showing the location of the land as per the Index Plan and such revenue particulars as name of the revenue estate, Khasra numbers, area of each of such units of land and the total area; (ii) A location plan (guide map), on a scale of not less than 1,50,000, showing the location of the land in relation to the surrounding geographical features to enable its precise identification on the ground; (iii) Where the area of the land in one and a half hectares or more, a survey plan of the land on a scale of not less than 1/10000, showing the boundaries of the land in question and also spot levels at a linear distance of atleast fifty metres; and (iv) A plan on a scale of not less than 1/10000, indicating the proposed use or development in respect of the said land, including the existing and the proposed means of its access from and to the established communication network. (Sections (1)(a) and 180(2) (zzg).) ### 54. Form of permission under section 99(1) (a). - The permission in terms of the provisions of clause (a) of sub-section (1) of Section 99 shall be granted by the Authority in Form XV. (Sections 99(1)(a) and (180)(2)(zzy).) ### 55. Qualifications for appointment as Arbitrator. (1) No person shall be eligible for appointment as Arbitrator under sub-section (1) of Section 102 unless he is an associate member of the Institute of Town Planners (India); or an associate member of the Institute of Architects (India); or an associate member of the Institute of Architects (India); or an associate members of the Institution of Engineers (India) and has ten years, experience in Regional Town Planning in a Town and Country Planning Organisation of the State Government or the Central Government on a post not below the rank of Assistant Town Planner. (Sections 102(1) and 180(2)(zo).) ### 56. Procedure to be followed by the Arbitrator and manner of giving notice under section 102(2) (i) and (ii). (1) Before defining, demarcating and deciding the areas allotted to or reserved for public purposes or purposes of the Authority and reconstituting plots under the scheme in terms of the provisions of sub-section (3) of Section 102 and before deciding the person or persons to whom reconstituted plot is to be allotted and such plot is to be allotted to persons having ownership in the command and deciding the shares of such persons, the Arbitrator shall publish a notice in the Official Gazette of the Government of Punjab and in two newspapers one of which shall be of the Official language of the State widely in circulation in the area of the schemes stating therein the time as provided in Section 128 within which the owner of any property or any person, whose rights are injuriously affected by making of the Scheme, shall be entitled under section 128 to make a claim for compensation before him and such notice shall also be displayed at some conspicuous place in the offices of the Authority, local authority and the Deputy Commissioner in whose jurisdiction the area of the Scheme wholly or partly falls. (2) The Arbitrator shall, upto the date specified in the notice under sub- rule (1), continue to carry on his duty as far as possible on all working days during the office hours in respect of the Scheme. (3) Before proceeding to deal with the matters specified in sub-section (3) of Section 102, the Arbitrator shall, subject to the provisions of Section 166, publish a notice in Form XVI in the Official Gazette of the Government of Punjab and in two newspapers, one of which shall be in the Official language of the State widely in circulation in the area of the Scheme inviting objections from persons interested in any land or building comprised in the Scheme or affected by any of the particulars specified in the Scheme within thirty days from the date of publication of such notice in the Official Gazette and such notice shall also be displayed at conspicuous place in the office of the Authority, local authority and the Deputy Commissioner in whose jurisdiction the area of the Scheme wholly or partly falls. (4) The Arbitrator shall, give all such persons who have filed objections in response to and within the time specified in the notice published under sub- rule (3) sufficient opportunity of being heard and shall not give any decision till he has duly considered their objections. (5) If during the proceedings, it appears to the Arbitrator that there are conflicting claims or any difference of the opinion with regard to any of the particulars of the Scheme, the Arbitrator shall give his decision with reasons therefor and decision so recorded shall be appended to the Scheme at the time of its submission to the State Government for sanction under sub-section (2) of Section 112. (6) The Arbitrator shall record and enter in the Scheme every decision given by him in respect of any of the particulars specified in Section 102 and the redistribution and valuation statement and the financial statement shall be sent out and recorded in Form XVII and Form XVIII respectively and in such other form including written matter as may be prepared by the Arbitrator. (7) The Scheme as prepared by the Arbitrator may include such matters as envisaged in Rule 48 as may be relevant in relation to the provisions of Section 112. (8) The various parts of the Scheme shall be so arranged that they can be easily referable in relation to maps and plans forming part of the Scheme. (9) Immediately after the final Scheme has been drawn up in the manner provided in Section 112, the Arbitrator shall - (a) publish a notice in Form XIX in the Official Gazette of the Government of Punjab and in two newspapers, one of which shall be of the Official Language of the State, widely in circulation in the area of the Scheme about the preparation by him of the final Scheme, announcing, that the Scheme shall be open for inspection by the public during office hours at his office; and (b) Communicate, forthwith the decision taken by him under sub- section (3) of Section 102 in respect of each plot to the owners of persons interested by issuing relevant extract from such Scheme in Form XX. Explanation. - For the purposes of sub-rules (9) , the expression "plot" shall mean a portion of land in one ownership and numbered and shown as one plot in the Scheme. (10) The Arbitrator shall also inform the President of the Tribunal of Appeal about the publication of notice under sub-clause (a) of sub-rule (9). (Sections 102(3)(i) and (ii) and 180(2)(zzg).) ### 57. Form of final scheme. (1) The final scheme drawn by the Arbitrator in accordance with the draft scheme under clause (xxi) of sub-section (3) of Section 102 shall provide for, - (a) all matters specified in sub-section (2) of Section 91; (b) all matters specified in clauses (i) to (xx) of sub-section (3) of Section 102 as per decision of the Arbitrator, if no appeal is preferred; and (c) all matters specified in clauses (i) to (xi) and clauses (xiv), (xv), (xvi), (xviii), (xix) and (xx) of sub-section (3) of Section 102 as per decision of the Tribunal of Appeal, if appeals are preferred under sub-section (3) of Section 102. (Sections 102(3) and 180(2)(zo).) ### 58. The manner of serving notice under sub-section (1) of Section 114. (1) If at any time before the final Scheme is sanctioned under section 113, the State Government considers it expedient that a scheme should be withdrawn, it may serve a notice in Form XXI under sub-section (1) of Section 114 on all the persons interested in the scheme, for its intention to withdraw the Scheme by publishing it in two newspapers, one of which shall be of the official language of the State, widely in circulation in the area of the scheme and also publishing it in the Official Gazette of the Government of Punjab. (Sections 114(1) and 180(2)(zp).) ### 59. Procedure for eviction under sub-section (1) of Section 116. (1) Any person continuing to occupy the land which he is not entitled to occupy under the final Scheme shall be summarily evicted by the Authority or any offices authorised in that behalf by the Authority in accordance with the procedure laid down under section 46. (Sections 116(1) and 180(2)(zq).) ### 60. Particulars to be given in the notice under sub-section (1) of Section 117. (1) The notice referred to under sub-section (1) of Section 117 shall be given in Form XXII giving the following particulars, namely :- (a) the existing building or structures which is in contravention of the provision of the final Scheme; (b) erection or re-erection of building or structure and any other work carried out or being carried out within the area of the Scheme in contravention of the final scheme. (Sections 117(1) and 180(2)(zr).) ### 61. Manner of publication of notice under sub-section (2) of Section 118. (1) The Authority shall publish a notice under sub-section (2) of Section 118, stating that a draft variation in the scheme has been prepared, in two newspapers widely in circulation in the area of the scheme one of which shall be of the official language of the State in addition to its publication in the Official Gazette of the Government of Punjab. (2) The notice referred to the sub-rule (1) shall also be published by displaying a copy thereof at a conspicuous place in the offices of the Authority, Local Authority and the Deputy Commissioner in whose jurisdiction the area of the scheme wholly or partly falls. (Sections 118(2) and 180(2)(zs).) ### 62. Particulars of draft variations under sub-section (3) of Section 118. (1) If the Scheme needs variation or modification of a minor nature as referred to under sub-section (1) of Section 118, the notice of preparation of draft variation as published under sub-section (2) of Section 118 shall contain every amendment proposed to be made in the Scheme due to the variation in any of clauses specified under sub-section (2) of Section 91 and consequential changes involved in clauses (i) to (xx) of sub-section (3) of Section 103 are required to be made. (Sections 118(3) and 180(2)(zt).) ### 63. Period for making payment under sub-section (2) of Section 131. - If the owner referred to in sub-section (1) of Section 131 fails to make the payments as per direction of the Arbitrator made under the said sub-section (1) within a period of thirty days from the date of the direction, the Arbitrator, if the Authority so requires, shall proceed to acquire the original plot in the manner provided in sub-section (2) of Section 131. (Sections 131(2) and 180(2)(zu).) ### 64. Number of instalments and rate of interest under section 133(1) . - The net amount payable under the provisions of Section 133 may be paid in lump sum or in six equated annual instalments and where the owner elects to pay the said amount by instalments, interest at the rate of fifteen per cent per annum shall be payable on the net amount. ### 65. Procedure to be followed by the Tribunal of Appeal under sub-section (4) of Section 135. (1) If any question arises whether a sum is due to the Authority within the meaning of sub-section (2) of Section 135, it shall be referred to the Tribunal of Appeal constituted under Section 105 who shall after making such inquiry as it may deem fit and after giving to the person by whom the same alleged to be payable an opportunity of being heard, decide the question referred to it, as far as possible, in the same manner as is followed by a civil court in deciding appeals under the Code of Civil Procedure, 1908. (2) The Tribunal of Appeal shall record its decision in writing in every case where the decision of the Arbitrator under clause (iv) to (xi) and clauses (xiv), (xv), (xvi), (xviii), (xix) and (xx) of sub-section (3) of Section 102 of the Act is modified, varied or rejected by it. (3) On receipt of a reference from the Authority under sub-rule (1) the Tribunal of Appeal shall give notice as it deems sufficient to the parties concerned. (Section 135(4) and 180(2)(zv).) ### 66. Recovery of cost under sub-section (2) of Section 137. (1) If any officer is appointed by the State Government to complete all the works under the provisions of sub-section (2) of Section 137, the cost of such works if not paid on demand, shall be recoverable from the Authority as arrears of land revenue. (Sections 173(2) and 180(2)(zw).) Part IX – Levy, Assessment and Recovery of Development Charge and Betterment Charge ------------------------------------------------------------------------------------- ### 67. Rate of interest on late payment of development charges. - In the event of failure to make payment of development charge as assessed by the Authority under sub-section (1) of Section 140 by the person liable to pay such charge on or before the date specified, in the notice given to him by the Authority, interest at the rate of eighteen per cent per annum shall be charged on the amount remained unpaid after the said date till the date the amount is actually paid in full. (Sections 140(2) and 180(2)(zx).) ### 68. Rate of interest on late payment of betterment charge. - In the event of failure to make payment of the amount of the betterment charge as assessed by the Arbitrator under sub-section (3) of Section 141 by the liable to pay such charge on or before the date specified in the notice given to him by the Authority, interest at the rate of eighteen per cent per annum shall be charged on the amount remained unpaid after the said date till the amount is actually paid in full. (Sections 141(4) and 180(zx).) ### 69. Security for payment of development charge or betterment charge for filing appeal. - The appellant shall furnish to the Chief Administrator of the Authority or to the person authorised by him in this behalf, sufficient security either in cash or through a bank guarantee in Form XXIII as is determined by the Tribunal of Appeal before whom appeal has been filed. (Sections 142(4) and 180(2)(zy).) ### 70. Manner of enforcing orders of the Tribunal of Appeal passed under section 142. - An order passed by the Tribunal of Appeal under section 142 shall be enforced by the Authority in the manner specified hereunder :- (a) In case the amount of development charge or betterment charge as assessed by the Arbitrator is reduced in appeal, refund the amongst of development charge or betterment charge as the case may be, to the extent it is so reduced; and (b) in case amount of development charge or betterment charge, as the case may be, as assessed by the Arbitrator, is confirmed or enhanced in appeal, deduct the amount so confirmed or enhanced out of the security deposit or the bank guarantee furnished by the assessee at the time the appeal was filed, and if the amount so confirmed or enhanced is more than the amount of the security deposit or recover the remaining amount after adjusting bank guarantee, the amount of the security deposit or bank guarantee, as if it is an amount recoverable as arrears of land revenue. (Sections 142(5) and 180(2)(zz).) ### 71. Payment of development charge fixed under section 161. (1) The owners of lands and buildings to which amenities provided by the Authority are extended under section 161 shall be liable to pay to the Authority the amount of the development charge as is fixed by the State Government under that section. (2) On receipt of an intimation about the fixation of development charge under section 161, the Authority shall give to the person liable to pay the development charge a notice, in writing, of the amount of development charge payable by him and the date by which such payment shall be made and such notice shall also state that in the event of failure to make such payment on or before such date, interest at the rate of eighteen per cent shall be payable from such date on the amount remaining unpaid. (3) If the amount of development charge is not paid within the period specified in the notice issued in sub-rule (2), the amount so remained unpaid together with interest shall be recoverable as arrears of land revenue. Sections 161 and 180(2). Part X – Control and Development along Scheduled Roads -------------------------------------------------------- ### 72. Application for permission under section 144. (1) Every person desiring to obtain permission of the Competent Authority under clauses (b), (c) or (d) of sub-section (2) of Section 143 shall make an application to the Competent Authority in Form XXIV which shall be accompanied by the plans and documents mentioned therein. (2) The site plan mentioned in the application shall be drawn on a scale of not less than one centimetre to a metre indicating the boundaries of the site, specifying therein:- (a) the outline of the proposed building with outer dimension mentioning therein; (b) the total area to be covered; (c) the existing building, if any, by distinct notation. (3) The building plan mentioned in the application made under sub-rule (1) shall be drawn to a scale of not less than 1 : 100 and indicate - (a) the plan of all the floors of the building ; (b) the elevation in typical sections, to be given only in the case of motor fuel filling station or bus queue shelter; and (c) the plinth level with reference to the level of the central line of the scheduled road or bye-pass as the case may be. Sections 144(1) and 180(2)(zza). ### 73. Principles and conditions under which permission under section 144 may be granted or refused. - No permission shall be granted on an application submitted under rule 72 unless, - (a) the erection or re-erection of the building conforms to the building rules ; (b) the means of excess take off from in existing road or revenue rasta already adjoining the scheduled road or conforms to traffic requirements of the scheduled road as determined by the Competent Authority; and (c) the erection or re-erection of motor fuel filling station or bus queue shelter is in accordance with the designs and specifications laid down by the Competent Authority. Sections 144(i) and 180(2)(229). ### 74. Information necessary to validate application under rule 72. (1) No application under rule 72 shall be considered to be valid unless - (i) it is made on the form specified in rule 72 and all the necessary information required to be filled in that form is given; and (ii) where necessary, it is accompanied by the requisition number of the site plans, building plans and other documents. (2) In case of failure to submit the application in the manner specified in sub-rule (1), the application together with the plans and documents, if any, shall be returned to the applicant for re-submission in accordance, with these rules. Sections 144(i) and 180(2)(229). ### 75. Form in which order under sub-section (2) of Section 144(2) is to be passed. - After an application in the form specified in Rule 72 containing the requisite information and accompanied by necessary documents as mentioned in Rule 74 is received, the Competent Authority shall, after making such inquiry as it consider necessary, pass an order under section 144 in Form XXV. Sections 144(i) and 180(2)(229). ### 76. Register to be maintained by the Competent Authority under section 144(4) . (1) The Competent Authority shall maintain a register in Form XXVI containing particulars of all such cases in which the permission is given or deemed to have been given or refused by it under section 144. (2) The register specified under sub-rule (1) shall be available for inspection without charge by all persons interested and such persons shall be entitled to obtain copies of the extracts of the register relevant to such persons on payment of fee at the rate of rupees five per page. Sections 144(4) and 180(2)(221). Part XI – Transfer of Employees of the Directorate of Housing and Urban Development to the Punjab Urban Planning and Development Authority -------------------------------------------------------------------------------------------------------------------------------------------- ### 77. Employees of the Directorate to give option for their transfer to the Authority. (1) As soon as may be, after the date of establishment of the Punjab Urban Planning and Development Authority under section 17 of the Act, the State Government shall obtain option in Form XXVII the employees serving immediately before that date in connection with the affairs of the State of Punjab in the Directorate of Housing and Urban Development whose assets transferred to the Punjab Housing Development Board under the Punjab Urban Estates (Development and Regulation) Act, 1964 (Punjab Act 22 of 1964), as to whether they are willing to be transferred to the service of the Punjab Urban Planning and Development Authority. (2) After obtaining the option of the employees of the Directorate under sub-rule (1), the State Government shall forward such option to the Punjab Urban Planning and Development Authority for considering the suitability of such employees for their transfer to the service of the Authority. (3) When the suitability of the employees of the Directorate is determined by the Authority referred to the sub-rule (2), it shall recommend to the State Government the names of employees found suitable for transfer to its service. (4) On receipt of recommendations under sub-rule (3), the State Government shall issue orders under sub-section (1) of Section 151 of the Act for the allocation of the employees of the Directorate to the Authority with effect from the date of establishment of the Punjab Urban Planning and Development Authority under section 17. Sections 154 and 180(2)(221). I --- [See rules 16 and 17(2) ] Budget Estimates of The Punjab Urban Planning And Development Authority Abstract of the Budget/Supplementary Budget for the year\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Figures in lacs) | | | | | | | --- | --- | --- | --- | --- | | | Account of the previous year | Budget for the Current Year | Revised Estimates for the Current Year | Budget Estimates for the year | | Receipts | | | | | | 1. Opening Balance | | | | | | 2. Capital Receipt | | | | | | 3. Revenue Receipt | | | | | | Total : | | | | | | Expenditure | | | | | | 1. Capital Expenditure | | | | | | 2. Revenue Expenditure | | | | | | Total : | | | | | | Closing Balance | | | | | Budget Estimates/supplementary Estimates of The Punjab Urban Planning And Development Authority For The Year\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Figures in lacs) | | | | | | | | --- | --- | --- | --- | --- | --- | | Serial No. | Particulars | Accounts of previous year | Budget for the Current Year | Revised Budget Estimates for the Current Year | Budget Estimates for the year | | 1 | 2 | 3 | 4 | 5 | 6 | | A | Opening Balance | | | | | | B | Capital Receipts | | | | | | 1 | Loan from Government | | | | | | 2 | Loan from the Housing and Urban Development Corporation | | | | | | | (i) Authority's Schemes(Annexure I) | | | | | | | (ii) Government Schemes(Annexure II) | | | | | | 3 | Loan from other Sources | | | | | | 4 | Subsidies | | | | | | 5 | Grants | | | | | | 6 | Sub-ventions from Government | | | | | | 7 | Advance Deposits | | | | | | | (i) From Government for Government Schemes excluding interest (Annexure ) | | | | | | | (ii) From others (Private Promoters) (Annexure ) | | | | | | | (iii) From applicants for plots (Annexure ) | | | | | | | (iv) From applicants for houses (Annexure ) | | | | | | | (v) From sale of commercial plots (Annexure ) | | | | | | | (vi) From sale of built-up Booths/Shop-cum-Offices (Annexure ) | | | | | | | (vii) From applicants as Earnest Money for houses (Annexure ) | | | | | | | (viii) From applicants as Earnest Money for plots, residential, commercial and built-up Booths/Shop-cum-Offices (Annexure ) | | | | | | 8 | Recoveries | | | | | | | (i) Instalments(Principal of houses) (Annexure ) | | | | | | | (ii) Instalments of plots (Annexure ) | | | | | | | (iii) Instalments on sale of commercial plots, booths and shops-cum-Offices (Annexure ) | | | | | | 9 | Additional Price (plots) (Annexure ) | | | | | | 10 | Additional Price (Houses) (Annexure ) | | | | | | 11 | Debentures and Bonds etc. | | | | | | 12 | Recovery of loans for construction of buildings (Annexure ) | | | | | | | Total Capital Receipts | | | | | | C. | Capital Expenditure | | | | | | 1 | Authority's Schemes | | | | | | (a) | (i) Purchase of land | | | | | | | (ii) Payment of enhanced compensation | | | | | | | (iii) Construction of Social Houses(Annexure ) | | | | | | | (iv) Construction of Commercial Centres (Annexure ) | | | | | | (b) | (i) Establishment and contingent expenditure (Head Office) | | | | | | | (ii) Establishment and contingent expenditure on (Field Staff) | | | | | | 2 | Development Works | | | | | | | (i) Development of land for social houses(Annexure ) | | | | | | | (ii) Development of land for other purposes (Annexure ) | | | | | | 3 | Government Schemes | | | | | | 4 | Deposit Works | | | | | | 5 | Investments | | | | | | | (i) Share Capital/Promoters' contribution for companies | | | | | | | (ii) Others | | | | | | 6 | Purchase of capital assets of the Authority | | | | | | 7 | Refund of earnest money (Houses) | | | | | | 8 | Refund of earnest money (Plots) | | | | | | 9 | Loans for construction of buildings for residential, industrial and commercial purposes | | | | | | 10 | Loans to the employees of the Authority | | | | | | 11 | Other loans | | | | | | 12 | Repayment of loans | | | | | | | (i) Government | | | | | | | (ii) (Housing Urban Development Corporation (Annexure) | | | | | | | (iii) Others | | | | | | 13 | Stock inventory | | | | | | 14 | Purchase of material for Laboratory etc. (Quality control) | | | | | | 15 | Purchase of machinery | | | | | | 16 | Other capital expenditure, if any | | | | | | | Total Capital Expenditure | | | | | | D. | Revenue Receipt | | | | | | 1 | Licence fee from promoters and State agents | | | | | | | 2. Other fees from sale/lease/transfer etc. of property | | | | | | | 3. Interest from Banks | | | | | | | 4. Interest on instalments of Houses/Plots/Commercial sites etc. (Annexure ) | | | | | | | 5. Interest from Government on HUDCO loan received for Government Schemes (Annexure ) | | | | | | | 6. Rent from Booths/Shop-cum-Offices | | | | | | | 7. Other miscellaneous receipts | | | | | | | 8. Miscellaneous Income | | | | | | | (i) Centage and Administrative Charges | | | | | | | (ii) Stock Storage | | | | | | 9 | Receipts on account of loans paid to employees | | | | | | | Total Revenue Receipts | | | | | | E. | Revenue Expenditure | | | | | | 1 | Payment Of Interest | | | | | | | (i) Government | | | | | | | (ii) HUDCO (Annexure) | | | | | | | (iii) Others | | | | | | 2 | Salaries of Establishment (Annexure ) | | | | | | 3 | Office contingency (Annexure ) | | | | | | 4 | Miscellaneous Expenditure (Annexure ) | | | | | | | Total Revenue Expenditure | | | | | of Hudco's Loan Proposal For The Year \_\_\_\_\_\_\_ (Social Houses) ---------------------------------------------------------------------- (Figures in lacs) | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Serial No. | Name of Scheme | Scheme Number | Loan Component | Budget provision for the current year | Loan drawn against budget upto\_\_\_\_\_ | Loan expected upto\_\_\_\_\_ | Revised Budget for the current year | Budget for the year\_\_\_\_ | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | | | | | | | | | | | of Hudco's Proposal For The Year \_\_\_\_\_\_\_\_\_\_\_\_ (Government Schemes) -------------------------------------------------------------------------------- (Figures in lacs) | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Serial No. | Name of Scheme | Scheme Number | Local Component | Budget provision for the current year | Loan drawn against Budget upto----- | Loan expected upto\_\_\_\_\_ | Revised Budget for the current year | Budget for the year\_\_\_\_\_ | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | | | | | | | | | | | of Capital Receipt of Houses, Plots Etc. ------------------------------------------ (Figures in lacs) | | | | | | | --- | --- | --- | --- | --- | | S.No. | Name of Estate Office | Budget Estimates for the Current year | Revised Budget Estimates for the current year | Budget Estimates for the year | | | | Twenty five per cent cost | Monthly instalments | Total | Twenty five per cent cost | Monthly instalments | Total | Twenty five per cent cost | Monthly instalments | Total | | | | Principal Interest | Principal Interest | Principal Interest | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | | I. | Housing | | II. | Residential Plots | | III. | Commercial Plots | | IV. | Built-up Booths/Shop-cum-Offices | | V. | Other Miscellaneous Receipts of Capitalnature e.g. additional price | | VI. | Recovery of loans for construction of houses | | VII. | Recovery of loans from promoters | | VIII | Others | of Capital Receipts of Government Schemes ------------------------------------------- (Figures in lacs) | | | | | | | --- | --- | --- | --- | --- | | S. No. | Name of work | Budget Estimates for the current year | Revised Budget Estimates for the current year | Budget Estimates for the year | | | | State Government | HUDCO Loan | Other | Total | State Government | HUDCO Loan | Other | Total | State Government | HUDCO Loan | Other | Total | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | | | | | | | | | | | | | | | | of Expenditure For The Acquisition of Land/social Houses/commercial Centres/urban Estates/government Schemes (Separate Annexure For Each) ------------------------------------------------------------------------------------------------------------------------------------------- (Figures in lacs) | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | S.No. | Name of Scheme | Estimated Cost | Accounts of the previous year | Budget for the current year | Actual from April to September | Anticipated from October to March | Revised Estimate for the current year | Budget Estimates for the year | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | | | | | | | | | | | of Re-payment of Loan for the Year ------------------------------------ (Figures in lacs) | | | | | | | | --- | --- | --- | --- | --- | --- | | S. No. | Particulars of Re-payment | Actual for the previous year | Budget Estimates for the current year | Revised Budget for the current year | Estimates for the year | | | | Principal | Interest | Total | Principal | Interest | Total | Principal | Interest | Total | Principal | Interest | Total | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | | I. | Punjab Government | | II. | HUDCO | | | (i) For Government Schemes | | | (ii) Social Houses | | | (iii) Other Refunds | of Expenditure on Establishment For The Year, 199\_\_ ------------------------------------------------------- (Figures in lacs) | | | | | | | | --- | --- | --- | --- | --- | --- | | S.No. | Particulars | Account for the Previous year | Budget for the current year | Revised Estimates for the current year | Budget Estimates for the year | | 1 | 2 | 3 | 4 | 5 | 6 | | 1 Pay and allowances | | 2 Medical reimbursement | | 3 Travelling Allowance | | 4 Leave Salary and Pension Contribution | | 5 Loan and Advances to staff | | 6 Contingencies | | 7 Miscellaneous | | Total : | II ---- [See rule 18(4) ] The Punjab Urban Planning And Development Authority Part-I Balance Sheet as on 31st March | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Previous Year Amount in Rupees | Liabilities | Annexure | Current Year Amount in Rupees | Previous Year Amount in Rupees | Assets | Annexure | Current Year Amount in Rupees | | | Capital Reserve | A | | | Fixed Assets | F | | | | Secured Loans | B | | | Investment | G | | | | Unsecured Loans | C | | | Work Executed by Authority | H | | | | Deposit with Authority | D | | | Current Assets Loans and Advances | I | | | | Current Liabilities | E | | | | | | Note : 1. The authority may add other annexures to explain detail of various Heads in the Balance Sheet. Note : 2. Schedules and notes to accounts form an integral part of the accounts. | | | | --- | --- | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Chief Administrator | Vice-Chairman | Place\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Auditor's Report In terms of our separate report of even date attached to the balance-sheet. The Punjab Urban Planning And Development Authority Income and Expenditure Account for the year, ending 31st March. | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Previous Year Amount in Rupees | Particulars | Amount in Rupees | Current Year Amount in Rupees | Previous Year | Particulars | Amount in Rupees | Current Year Amount in Rupees | | | | | --- | --- | | Administrative and other Expenses (As per Annexure-J) | Interest Received From Banks | | Less Administrative Charges capitalised | From Allottees on instalments. | | (Ten per cent of the work executed on own schemes) | Interest and Dividends from investments. | | Depreciation (As per Annexure-F) | Others | | Interest on Loans :- | Miscellanous Receipts | | HUDCO | Receipt on Booths/Shop-cum-Offices. | | Punjab Government Others | Less transferred to Replacement Reserves | | Less interest capitalized to Schemes | Profit on sale of Vehicles | | Interest paid on Earnest Money | Forfeiture of earnest money | | Interest on debentures/bonds/Other Financial Institutions. | Stock Storage | | Provision for loss of stock | Contage on Deposit work | | Excess of income over expenditure transferred to general reserve | Sewerage ChargesExcess of expenditure over incomeExcess provisions written back, if any, | | Chief Administrator | Vice-Chairman | Place : Dated : Note : The Authority may add other annexures or other explanation or information to explain detail of Income and Expenditure. Auditor's ReportIn terms of our separate report of even dateattached to the balance-sheet. The Punjab Urban Planning And Development Authority Capital Reserve As On 31st March \_\_\_\_\_\_ Annexure A | | | | | | --- | --- | --- | --- | | Previous Year | Particulars | Amount in rupees | Current Year Amount in lacs | (A) General Reserve (i) Capital Fund Balance as on 1st April Add Additions during the year (ii) Subsidy (subversion) from Punjab Government. (B) Repair and Replacement Reserve (i) Houses as on 1st April Addition During the year Less repair\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) Shop-cum-Offices and Booths as on 1st April Addition during the year\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (C) Revaluation Reserve (i) Balance as on 1st April Add Additions\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (D) Reserve for Staff Welfare As on 1st April Additions during the year\_\_\_\_\_\_\_\_\_\_\_\_\_ Chief Administrator Vice-Chairman Place\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Dated\_\_\_\_\_\_\_\_\_\_\_\_\_ Auditor's Report In terms of our separatereport of even date attachedto the balance-sheet. The Punjab Urban Planning And Development Authority Secured Loans As On 31st March\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Annexure-B | | | | | --- | --- | --- | | Previous year | Particulars | Current year | | | 1. Housing and Urban Development Corporation. | | | | 2. Banks | | | | 3. Any other Organisation | | | | Total : | | | Place : ChandigarhDated : | Chief Administrator | Vice-Chairman | Auditor's ReportIn terms of our separate report of evendate attached to the balance sheet. The Punjab Urban Planning And Development Authority Unsecured Loans As On 31st March\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Annexure-C | | | | | --- | --- | --- | | Previous year Amount in Rupees | Particulars | Current year Amount in rupees | | | Housing and Urban Development Corporation Limited | | | | (Guaranteed by State Government and Bank) | | | | Punjab Government | | | | Loan from State Government for Low Income Group (LIG) and Middle Income Group (MIG) Houses. | | | | Interest free loan from Punjab Government | | | | Loan from others (Give details) | | | | | | --- | --- | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Chief Administrator | Vice-Chairman | Place : Dated :\_\_\_\_\_\_\_\_\_\_ Auditor's Report In terms of our separate reportof even date attached to the balance sheet. The Punjab Urban Planning And Development Authority Deposit with the Authority as on 31st March,\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Annexure-D | | | | | --- | --- | --- | | Previous YearAmount in Rupees | Particulars | Current yearAmount in Rupees | | | Earnest money/Security from Contractors, Brick Kiln owners and suppliers. | | | | Deposit for work to be done pending adjustment against work. | | | | Earnest money from allottees and prospective buyers. | | | | Earnest money for plots from allottees and prospective buyers. | | | | Security from employees. | | | | Instalment received pending adjustments. | | | | Deposit for work (As per contra) (payment liability to HUDCO). | | | | Advance instalments. | | | | Other Securities. | | | | | | --- | --- | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Chief Administrator | Vice-Chairman | Place : Dated : Auditor's reportIn terms of our separate reportof even date attached to the balance-sheet. The Punjab Urban Planning And Development Authority Current Liability and Provisions as on 31st March\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Annexure-E | | | | | --- | --- | --- | | Previous YearAmount in rupees | Particulars | Current YearAmount in rupees | | | A. Current Liabilities : | | | | 1. Creditors and Payables : | | | | (i) Creditors for Suppliers. | | | | (ii) Creditors for Expenses. | | | | (iii) Creditors for Contractors. | | | | (iv) Other Creditors. | | | | (v) Payable to staff. | | | | (vi) Loan instalments due but not paid to Punjab Government. | | | | (vii) Interest accrued but not paid to Punjab Government. | | | | (viii) Provident Fund (Contributory) | | | | (ix) Loans instalments due but not paid to the Life Insurance Corporation. | | | | (x) Interest due but not paid to the Life Insurance Corporation. | | | | (xi) Amount payable to other creditors. | | | | 2. Suspenses Account (As per contra) | | | | (i) Hire-Purchase Sales Suspense Account. | | | | (ii) Hire-Purchase Interest Suspense Account. | | | | 3. Other | | | | (i) Compulsory Deposit Scheme Deductions. | | | | (ii) Suspense Account penal rate recovery. | | | | (iii) Stock Suspense Account. | | | | 4. Miscellaneous | | | | Sub Total 'A' | | | | B. Provisions : | | | | 1. Provisions for sub-standard materials. | | | | 2. Provisions for doubtful advances of suppliers, Brick Kiln Owners and Contractors as on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | Addition during the year. | | | | 3. Provision for other doubtful advances. | | | | Additions during the year. | | | | 4. Provisions for Gratuity. | | | | Additions during the year. | | | | 5. Provision for Losses due to natural calamities and other factors. | | | | Sub Total 'B' | | | | Total (A+B) | | | | | | --- | --- | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Chief Administrator | Vice-Chairman | Place : Dated : Auditor's Report In terms of our separate report of even date attached to the balance-sheet. The Punjab Urban Planning And Development Authority Schedule of Fixed Assets As On\_\_\_\_\_\_\_\_\_\_\_ Annexure-F | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Particulars | Cost as on 1st April | Addition during the year | Write off | Total as on 31st March | Rate of Depreciation | Upto 31st March | During the year | Written Back | Total upto 31st March | as on 31st March | Written down value as on 31st Marc | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | | 1. Furniture and Fixure | | 2. Vehicles | | 3. Office Equipments | | 4. Feroprinting Machines | | 5. Cycles | | 6. Typewriter and Duplicators | | 7. Weighing Machines | | 8. Library Books | | 9. Water Coolers | | 10. Survey Equipments | | 11. Trucks | | 12. Air Conditioners | | 13. Lab Equipments | | 14. Office-partition | | 15. Road Rollers | | 16. Computer | | 17. Buildings | | 18. Less subsidy from HUDCO for computer | | Sub Total : | | | | | --- | --- | | GROSS BLOCK | DEPRECIATION | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Particulars | Cost as on 1st April | Addition | Write off 31st March | Total as on | Rate of depreciation | upto 31st March | During the year | Written back | Total upto 31st March | As on 31st March | As on 31st March | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | | \*\*\* TOOLS AND PLANTS | | Sub-Total : | | Total : | | | | | --- | --- | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Chief Administrator | Vice-Chairman | Place : Dated : Auditor's Report In terms of our separate report ofeven date attached to the balance-sheet. \*\*\* Give details. The Punjab Urban Planning And Development Authority Investment As On 31st March, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Annexure G | | | | | --- | --- | --- | | Previous years Amount in rupees | Particulars | Current year Amount in rupees | | | 1. Investment in Government or Trust Security | | | | 2. Investment in Shares, Debentures and Bonds in Subsidiary Companies and Organisations promoted by the Authority | | | | 3. Investment in Shares, Debentures and Bonds of other Organisations | | | | 4. Others | | | | | | | | | | --- | --- | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Chief Administrator | Vice-Chairman | Place : Dated : Auditor's Report In terms of our separate reportof even date attached to thebalance-sheet. The Punjab Urban Planning And Development Authority Works Executed By The Authority As On 31st March\_\_\_\_\_\_\_\_ Annexure H | | | | | --- | --- | --- | | Previous year amount is rupees | Particulars | Current year amount in rupees | | | A. Authority's own Schemes:Works completed and in progress Completed WorksWork in ProgressLand of own SchemesLess : (Capital Receipt | | | | from allottees), (-)Grant-in-aid (-) | | | | B. Urban Estate Works:Works completed and in progressLand Urban EstateAdd : Grant given for any infrastructure facility like stadium etc.Any other work \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Less : Capital Receipt from Allottees, (-)Less : Grant received from Government, (-) | | | | C. Deposit Works :Works completed and in progressLand for deposit works Centage Charges, \_\_\_\_\_\_\_\_\_\_\_ | | | | D. Temporary Structure | | | | E. Others | | | | | --- | --- | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Chief Administrator | Vice-Chairman | Place : Dated : Auditor's Report In terms of our separate reportof even attached to the balance-sheet. | | | | | --- | --- | --- | | 1 | 2 | 3 | | | B. Loans and Advances : | | | 1. Advances recoverable in cash or kind or for value to be received (unsecured but considered good by management) | | | (i) Advances to Suppliers, Brick Kiln Owners and Contractors for material | | | (ii) Advances to staff for construction | | | (iii) Advances to staff for other purposes | | | (iv) Other advances | | | (v) Advances to victims of natural calamities and other factors | | | (vi) Advances to other Organisations | | | 2. Miscellaneous Deposits viz. Security/Compulsory Deposit Scheme etc. | | | (i) With Government | | | (ii) With others | | | 3. Government liability to the Housing and Urban Development Corporation (HUDCO) (as per contra). | | | Sub Total : B | | | Total (A+B) | | | | | --- | --- | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Chief Administrator | Vice-Chairman | Place : Dated : Auditor's Report In terms of our separate report ofeven date attached to the balance-sheet. The Punjab Urban Planning And Development Authority Current Assets And Loans and Advances as on 31st March, \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Annexure I | | | | | --- | --- | --- | | Previous year amount in Rupees | Particulars | Current year amount in Rupees | | | A. Current Assets | | | | 1. Closing Stock (as valued and varified by the Management) | | | | (i) Building Material | | | | (ii) Loss of stock due to natural calamities and other factors for which provisions has been made | | | | (iii) Stock in transit. | | | | 2. Sundry Debtors (unconfirmed but considered good by Management), | | | | (i) Hire-Purchase Debtors overdue, | | | | (ii) Others | | | | 3. Cash and Bank Balance | | | | (i) Cash in hand | | | | (ii) Amount in transit | | | | (iii) Postage stamps in hand | | | | (iv) Deposit with Banks | | | | (v) Fixed Deposit in Banks | | | | 4. Contributory Provident Fund Deposit with Bank or Post Office. | | | | 5. Fixed Deposit with Punjab Government. | | | | 6. Fixed Deposit with the Housing and Urban Development Corporation (HUDCO) . | | | | 7. Interest accrued but not received on Deposit. | | | | 8. Interest accrued but not due on deposit with Banks. | | | | 9. Interest accrued but not received on investments. | | | | 10. Rent receivable account. | | | | 11. Hire-Purchase Debtors (as per contra) Principal. | | | | Interest | | | | 12. Miscellaneous Account | | | | 13. Difference inter-division accounts. | | | | 14. Amount receivable (paid to Land Acquisition Officers on account of enhanced compensation). | | | | 15. Amount recoverable from Urban Estate recoverable from Punjab Government (on account of fifty per cent salary of Urban Estate employees). | | | | 16. Any other | | | | Sub Total | | Form I (See rule 22-B) Land use register indicating the present use of land in the planning area ### 1. Name of Planning Area\_\_\_\_\_\_\_\_\_\_ ### 2. Land use Register No.\_\_\_\_\_\_\_\_\_\_ ### 3. Municipal Corporation/Council Ward No.\_\_\_\_\_\_\_\_\_\_ ### 4. Village name with Handbast No.\_\_\_\_\_\_\_\_\_\_ Tehsil\_\_\_\_\_\_\_\_\_\_ District\_\_\_\_\_\_\_\_\_\_ | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Serial No. | Date of survey | Present land use Map Number | Identification makr of land/building such as Khasra No./Hadbast No./House No./Property No./Name of Mohalla/Name of Street/Ward No. or any other mark or number | Number as shown on present land use map | Present use of land | Number of storeyes of building, if any, and its brief description | Condition of building | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | Form I-A (See rule 24) Notice Under Section 63(i) of The Punjab Regional And Town Planning And Development Act, 1995. Notice is hereby given that the draft Regional Plan for\_\_\_\_\_\_\_\_\_\_\_\_\_ area has been prepared in accordance with the provisions contained in Chapter IX of The Punjab Regional and Town Planning and Development Act, 1995 (Punjab Act 11 of 1995) and a copy thereof is available for inspection at the following offices during office hours on all working days till the date \_\_\_\_\_\_\_\_\_ :- ### 1. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 3. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 4. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ The particulars of the said Regional Plan have been specified in the schedule below. Any objection or suggestion with respect to the draft Regional Plan may be sent to the Designated Planning Agency before the expiry of three months from the date of publication of this notice in the official Gazette of the Government of Punjab. Any objections and suggestions which may be received in writing from any person before the expiry of the period specified above will be considered by the Designated Agency Schedule. Place\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Designated Planning Authority. Form II (See rule 25) Notice Section 64(i) of The Punjab Regional And Town Planning And Development Act, 1995 Notice is hereby given that the State Government has approved the Regional Plan for \_\_\_\_\_\_\_\_\_\_\_\_\_ (area) under Section 63 of the Punjab Regional and Town Planning and Development Act, 1995. Copy of the said Regional Plan as approved may be inspected at the following offices during office hours on all working hours. Namely :- ### 1. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 3. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 4. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ The said Regional Plan shall come into operation with effect from \_\_\_\_\_\_\_\_\_\_\_\_ Secretary, Housing and Urban Development Department, Government of Punjab. Form III [See rule 26(1) ] From Shri\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ House No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Village/Town\_\_\_\_\_\_\_\_\_\_\_ District\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To The Competent Authority, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ No\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Dated\_\_\_\_\_\_\_\_\_\_\_\_\_ the Subject :- Application for grant of permission under section 64(2) of the Punjab Regional and Town Planning and Development Act, 1995. Sir, I/We hereby apply for permission to institute or use of land for the purpose of carrying out \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ development in respect of the under-mentioned land :- (a) Description of the land (location with name of road (s) on/of which property abuts and boundary. (b) Area\_\_\_\_\_\_\_\_\_\_\_\_\_\_ square metres\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ acres/hectares ### 1. I/we hereby attach in triplicate. (i) A copy of revenue plan (Aks shajra) showing the location of land as per the Index Plan and such revenue particulars such as the nature of the revenue estate, khasra numbers, area of each of such units of land (that is khasras and to total area); (ii) A location plan (guide may) on a scale of not less 1:5000, showing the location of the land in relation to the surrounding geographical features to enable its precise identification on the ground ; (iii) Where the area of the land is one and a half hectare or more, a survey plan of the land on a scale of not less than 1 : 10000, indicating the proposed use or development in respect of the said land showing the boundaries of the said land and also spot levels at a linear distance of atleast fifty metres ; (iv) A plan on a scale of not less than 1:10000, indicating the proposed use or development in respect of the said land, including the existing and the proposed means of its access from and the established communication network. ### 2. I/we have deposited a fee of rupees\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ accordance with the scale of fee specified in sub-rule (3) of rule 20 of the Punjab Regional and Town Planning and Development (General) Rules, 1995 vide receipt No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ dated\_\_\_\_\_\_\_ (copy enclosed). ### 3. I/we shall abide by all the rules and regulations made under the Punjab Regional and Town Planning and Development Act, 1995 and terms and conditions subject to which permission will be granted. It is requested that the permission applied for may be granted accordingly. Yours faithfully, (Signature of the applicant(s) Enclosures :- Address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (1) (2) (3) Form IV [See rule 27] Competent Authority Order | | | | --- | --- | | No\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | To Shri\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Subject : Application for permission under section 64(2) of the Punjab Regional and Town Planning and Development Act, 1995. Reference : Your application No.\_\_\_\_\_\_\_\_\_\_\_ dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ You are hereby informed that permission to carry out development or change of land use as mentioned in your application under reference is refused under sub-section (3) of section 67 of the Punjab Regional and Town Planning and Development Act, 1995 on the following ground, namely :- (1) (2) (3) (4) Competent Authority Form V (See rule 28) Register of Applications For Permission For Development or Change of Land Use Under Sub-section (2) of Section 64 of The Punjab Regional And Town Planning And Development Act, 1995 | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Serial No. | Name and address of applicant | Location of land for which permission for developed or change of land use is required | Nature of development or change of land use | Title of the applicant to the land | Revenue particulars | Remarks | | Name of revenue estate | Khasra Number | Area of each Khasra Number | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | | | | | | | | | | Form VI [See rule 36(1) ] From Shri\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ House No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Village/Town\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ District\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To The Competent Authority \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ No.\_\_\_\_\_\_\_\_\_\_\_\_ Dated\_\_\_\_\_\_\_\_\_\_\_\_\_, the\_\_\_\_\_\_\_\_\_\_\_\_\_ Subject :- Application for grant of permission under section 81(1) of the Punjab Regional and Town Planning and Development Act, 1995. Sir, I/we hereby apply for permission to undertake/carry out development of the under mentioned land :- (a) Description of land (location with name of road (s) on/of which property abuts and boundaries) (b) Area \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ square metres\_\_\_\_\_\_\_\_\_\_\_\_\_ acres/hectares. (1) For development pertaining to the building operations. | | | | | | | --- | --- | --- | --- | --- | | Erect | | | Re-erect | | | | | | | | | Change in the use of building. | | | | I/we attach in triplicate :- (a) \_\_\_\_\_\_\_\_\_\_ sheets of plans, elevation and sections as per binding rules ; (b) Specifications of the proposed building ; (c) Proposed change in the use of building ; (d) Any other plans, documents and details which the Competent Authority may require. ### 2. The plans have been prepared by \_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Name of registered Town Planner, Architect or Engineer with Registration No. \_\_\_\_\_\_\_ Address \_\_\_\_\_\_\_ ### 3. I/we have deposited a fee of Rs.\_\_\_\_\_ in accordance with the scale of fee as per building rules, - vide receipt No.\_\_\_\_\_\_\_\_ dated \_\_\_\_\_\_\_\_\_\_\_\_ (copy attached). (2) For development of land | | | | --- | --- | | Across to road | Water supply fine | | | | | Drainage | Sewerage | | | | | Electric Cables | Telephones lines | | | | | Other communication lines/cables | Mining and Quarrying | | | | | Layout/sub-division | Laying out private street | | | | | Re-development | Change of land use | | | | | Others | | (Tick/specify as applicable). I/we attach in triplicate :- (a) AKs Sharja Plan with number of land in question (shown in red) and also adjoining Khasra numbers on the outer limits of the land ; (b) Location Plan indicating the land in question on a scale of not less than 1:2000 showing main approach roads and any other prominent buildings in the vicinity. (c) Survey Plan on a scale of not less than 1:2000 showing the boundaries of land in question, natural features like nalla, ponds, trees, slopes, contours plan if the land is undulated, high tension line passing through or adjoining land upto a distance of 200 metres existing roads showing the right of way and railway lines with their specification and railway boundaries, position of electric and telephone polls and all such other matters which need to be coordinated with adjoining areas; (d) A plan on a scale of not less than 1:2000 showing all development proposals including utility services with respect to land in question along with an explanatory note indicating the type of development proposed, namely residential, commercial or industrial or any other proposal for change of land use; (e) Permission from the Competent Authority in respect of development proposals relating to mining and quarrying ; (f) Any other plan, document and details which the Competent Authority may require. ### 2. The plans have been prepared by \_\_\_\_\_\_\_\_\_\_ (registered Town Planner, Architect or Engineer with Registration No.\_\_\_\_\_\_\_\_\_ address\_\_\_\_\_\_\_\_\_\_\_\_). ### 3. I/we have deposited the prescribed fee of Rs. \_\_\_\_\_\_\_\_\_\_, vide Receipt No.\_\_\_\_\_\_\_ dated\_\_\_\_\_\_\_ (copy attached). ### 2. I/we undertake to pay to the Competent Authority such development charge or betterment charge, if any, as is leviable under the Punjab Regional and Town Planning and Development Act, 1995 and I/we shall abide by all rules and regulations made under the said Act and conditions for the purpose of carrying out development viz.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ for which permission in sought. ### 3. It is requested that the permission applied for may be granted accordingly. Yours faithfully, (Signature of applicant(s) Enclosures : Address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 1. \_\_\_\_\_\_\_\_\_\_\_ ### 2. \_\_\_\_\_\_\_\_\_\_\_\_ (For definition of the word 'development' refer to section 2(o) of the Punjab Regional and Town Planning and Development Act, 1995). Form VII (See rule 39) Competent Authority Order | | | | --- | --- | | No\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | Dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | To Shri\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ House No.\_\_\_\_\_\_\_\_\_\_\_\_\_ Village/Town\_\_\_\_\_\_\_\_\_\_ District\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Subject :- Grant of Permission under Section 81(1) . Reference : Your application No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ dated \_\_\_\_\_\_\_ We are pleased to grant permission under sub-section (1) of section 81 of the Punjab Regional and Town Planning and Development Act, 1995 to carry out development, namely:- (i) For developments pertaining to Building operations : | | | | | | | --- | --- | --- | --- | --- | | Erect | | | Re-erect | | | | | | | | | Change in the use of Building. | | | | (ii) For carrying out other development of land : | | | | --- | --- | | Access to Road | Water Supply Line | | | | | Drainage | Sewerage | | | | | Electric Cables | Telephone Lines | | | | | Other Communication Lines/Cables | | | | | | Mining and Quarrying | | | | | | Layout/Sub-Division | Laying-out Private Street | | | | | Re-Development | Change of Land use | | | | | Others | | as mentioned in your application under reference, subject to the following conditions :- (i) that building operations shall be carried on strictly in accordance with the approved building plan, copy of approved plan is enclosed ; (ii) that development of land shall be carried out strictly in conformity with the Master Plan and in accordance with the approved plan copy of which is attached and in case of development of a colony the plans shall be got approved from the Competent Authority under the Punjab Apartment and Property Regulations Act, 1995 and the rules made thereunder :- (iii) that required permission shall be obtained as per building rules before the commencement of building operations in the areas ; (iv) that the change of use of land is permitted subject to the following :- (A) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (B) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (C) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (v) that a development charge of Rs. \_\_\_ assessed under section 140 of the Punjab Regional and Town Planning and Development Act, 1995 be deposited or certificate obtained thereon before the commencement of development; (vi) any violations or deviations from the permission granted shall lead to cancellation of the same. Competent Authority ### 1. A copy, is forwarded, to the Chief Administrator of the Authority where The Competent Authority is other than the Chief Administrator of the Authority. Competent Authority ### 2. A copy, is forwarded, to the Commissioner/Executive Officer. Municipal Corporation/Municipal Council for information and necessary action where Competent Authority has been appointed by the Government other than the Municipal Corporation or the Municipal Council. Note :- Conditions specified above may vary in each case depending on the nature of application for permission. Form VIII (See rule 39) Competent Authority Order | | | | --- | --- | | No\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | Dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | To Shri\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ House No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Village/Town\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ District\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Subject :- Refusal of permission under section 81 (6) of the Punjab Regional and Town Planning and Development Act, 1995. Reference : Your application No.\_\_\_\_\_\_\_\_\_\_\_\_ dated \_\_\_\_\_\_\_\_\_\_\_\_\_ We regret to inform you that the permission under sub-section (6) of section 81 of the Punjab Regional and Town Planning and Development Act, 1995 to carry out development, namely :- (i) For Development Pertaining Building Operations :- | | | | | | | --- | --- | --- | --- | --- | | Erection | | | Re-erection | | | | | | | | | Change in the use of Building. | | | | (ii) For carrying out other development of land : | | | | --- | --- | | Access to Road | Water Supply Line | | | | | Drainage | Sewerage | | | | | Electric Cables | Telephone Lines | | | | | Other Communication Lines/Cables | | | | | | Mining and Quarrying | | | | | | Layout/Sub-Division | Laying-out Private Street | | | | | Re-Development | Change of Land use | | | | | Others | | as indicated above is refused on the grounds given below :- (i) that the proposal is not in conformity with the Master Plan ; (ii) that the required documents have not been fully furnished. (iii) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (iv) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Competent Authority. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 1. A Copy, is forwarded, to the Chief Administrator of the Authority where the Competent Authority other than the Chief Administrator. Competent Authority. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. A copy, is forwarded, to the Commissioner/Executive Officer, Municipal Corporation/Municipal Council for information and necessary action where Competent Authority has been appointed by the State Government other than the Municipal Corporation or the Municipal Council. Competent Authority. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form IX (See rule 41) Notice | | | | --- | --- | | No\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | Dated:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | From Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ House No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Village/Town\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ District\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To The Secretary Government of Punjab, Department of Housing and Urban Development, Chandigarh. Subject :- Notice under section 84 of the Punjab Regional and Town Planning and Development Act, 1995 to acquire land. I/we beg to submit that I/we am/are the owner (s) of the land comprising of Khasra No.\_\_\_\_\_\_\_\_\_\_\_ as shown on the enclosed site plan and designated as \_\_\_\_\_\_\_\_\_\_\_\_ in the Master Plan published, --- vide notice\_\_\_\_\_\_\_\_\_\_\_\_\_ (i) that the land has become incapable of reasonably beneficial use in its existing state ; or (ii) that the land cannot be rendered capable of reasonably beneficial use by the carrying out of permitted development in accordance with the conditions imposed in the said permission ; (iii) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. I/we request that the State Government may acquire his/their interest in the land in accordance with the provisions of sub-section (1) of section 81 of the Punjab Regional and Town Planning and Development Act, 1995. Yours faithfully, [Signature of Applicant(s) ] Copy, is forwarded, to the concerned Competent Authority for information and necessary action. [Signature of Applicant(s) ] Form X (See rule 44) Permission From The Competent Authority From Name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ House No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Village & Town\_\_\_\_\_\_\_\_\_\_\_\_\_ District\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To The Competent Authority, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Subject :- Permission for retention of land under section 81(1) of the Punjab Regional and Town Planning and Development Act, 1995. | | | | --- | --- | | Ref : Your No\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | Sir, With reference to your notice referred to above I/we beg to submit that I/we may please be granted permission under sub-section (1) of section 81 of the Punjab Regional and Town Planning and Development Act, 1995, for retention on the land of \_\_\_\_\_\_\_ building or works \_\_\_\_\_\_\_\_ or continuance of the use of land for \_\_\_\_\_\_\_\_ purpose, copies of title deed and other documents and plans are enclosed. ### 2. The reasons for retention of the land are :- \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Yours faithfully, [Appellant (s) ] Address\_\_\_\_\_\_\_\_\_\_\_\_\_ Place \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form XI (See rule 49) Declaration of Intention of Making Town Planning Scheme As required under sub-section (2) of section 92 of the Punjab Regional and Town Planning and Development Act, 1995, it is hereby notified for the information of the general public that the Punjab Urban Planning and Development Authority intends to prepare a town development scheme for \_\_\_\_\_\_\_\_\_a map of which is published for declaration. Any person interested may send objections or suggestions, if any, in writing to the undersigned within a period of thirty days from the date of publication of the declaration. For and behalf of the Authority. Form XII (See rule 50) Notice Under Sub-section (1) of Section 93 Of The Punjab Regional And Town Planning And Development Act, 1995. Notice is hereby given under sub-section (i) of section 93 of the Punjab Regional and Town Planning and Development Act, 1995 that town development scheme in respect of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ area has been made by the Punjab Urban Planning and Development Authority a copy of which will be available for inspection by the public at the office of the Authority, local authority and the Deputy Commissioner in whose jurisdiction area of the town development scheme wholly or partly falls between office hours on all working days. Any person interested may send objections or suggestions, if any, in writing to the Punjab Urban Planning and Development Act within a period of thirty days from the date of the publication of this notice. For and on behalf of the Authority. Form XIII (See rule 52) Declaration Of Intention of Making Town Development Scheme It is hereby notified for the information of the general public under sub- section (1) of section 95 of the Punjab Regional and Town Planning and Development Act, 1995 that the Punjab Urban Planning and Development Authority on the direction of the State Government intends of prepare a Town Development Scheme for \_\_\_\_\_\_\_\_\_\_ area the map of which is published along with this declaration. Any objections or suggestions with respect to the draft scheme shall be sent to the Authority before the expiry of thirty days from the date of publication of this notice in the Official Gazette of the Government of Punjab for its consideration. For and on behalf of the Authority. Form XIV (See rule 53) Application for grant of permission under section 99 of the Punjab Regional and Town Planning and Development Act, 1995. From : Shri\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ House No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Village/Town\_\_\_\_\_\_\_\_\_\_\_\_\_ District\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To The Punjab Urban Planning and Development Authority. Sub :- Application for grant of permission under section 99 of the Punjab Regional and Town Planning and Development Act, 1995. Sir, I/we hereby apply for permissions to institute or use of land for the purpose \_\_\_\_\_\_\_\_\_\_\_\_\_\_ or carrying out \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ development works in respect of the under mentioned land :- (a) description of the land (location with name of road(s) on/of which property abuts and boundaries : (b) Area\_\_\_\_\_\_ square metres\_\_\_\_\_\_\_ Acres/hectares\_\_\_\_\_\_\_\_\_\_\_\_ ### 1. I/we hereby attach in triplicate - (i) A copy of revenue plan (aks shajra) showing the location of the land as per index plan and such revenue particulars such as the native of the revenue estate, Khasra numbers, area of each of such units of land and the total area: (ii) A location plan (guide map) on a scale of not less than 1:50000, showing the location of the land in relation to the surrounding geographical features to enable its precise identification on the ground ; (iii) When the area of the land is one and half hectare or more, a survey plan of the land on a scale of not less than 1:10000 showing the boundaries of the land in question and spot levels at a linear distance of at least fifty metres, and ; (iv) A plan on a scale of not less than 1:10000 indicating the proposed use or development in respect of the said land including the existing and the proposed means of its access from and to the established communication network. ### 2. I/we shall abide by all the rules and regulations made under the Punjab Regional and Town Planning Act, 1995 and terms and conditions subject to which permission will be granted. It is requested that the permission applied for may be granted accordingly. Yours faithfully, Enclose : Signature of applicant(s) Address \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (1) \_\_\_\_\_\_\_\_\_\_\_\_\_\_ (2) \_\_\_\_\_\_\_\_\_\_\_\_\_\_ (3) \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form XV (See rule 54) Punjab Urban Planning And Development Authority Order | | | | --- | --- | | No\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | Dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | To Shri\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ House No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Village/Town\_\_\_\_\_\_\_\_\_\_\_\_\_ District\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Subject :- Grant of permission under section 99(1) (a) Reference : Your application No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_, dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_ We are pleased to grant permission under clause (a) of sub-section (1) of section 98 of the Punjab Regional and Town Planning and Development Act, 1995 to carry out development, namely :- (i) (ii) (iii) as mentioned in your application under reference subject to the following conditions :- (i) (ii) (iii) For and on behalf of the Authority Form XVI [See rule 56(3) ] Scheme No.\_\_\_\_\_\_\_\_\_\_\_\_ Notice I, the undersigned, Shri\_\_\_\_\_\_\_\_\_\_\_\_\_ Arbitrator hereby inform all persons interested and affected that the State Government by its notification in the Housing and Urban Development Department No.\_\_\_\_\_\_\_ dated\_\_\_\_\_\_\_ published in the Official Gazette (detailed reference to gazette)\_\_\_\_\_\_\_\_\_ has appointed me as the Arbitrator for the above scheme. As required by sub- rule (3) of rule 56 of the Punjab Regional and Town Planning and Development (General) Rules, 1995, I hereby give notice that I have entered upon the duties as Arbitrator on \_\_\_\_\_\_ (date). The above scheme is bounded on North by \_\_\_\_\_\_ on South by \_\_\_\_\_\_\_\_ on West by \_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_ and on East by \_\_\_\_\_\_\_\_\_\_\_\_\_\_. As required by rule 56(3) of the said rules, I hereby inform all those interested or affected by any of the matters included in the above scheme that they should communicate their objections in writing with supporting evidence and documents before me within twenty days of the date of publication in the Official Gazette in respect of the matters mentioned in section 91(2) of the Punjab Regional and Town Planning and Development Act, 1995. Any person who is injuriously affected by the above scheme being entitled to claim damages in accordance with the provisions of section 128 of the Punjab Regional and Town Planning and Development Act, 1995 should communicate the details of the claim to the undersigned within three months of the date of publication of the notification with supporting documents and evidence. A copy of the scheme No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ sanctioned by the State Government is kept open in the office of the undersigned during office hours on all working days with all the required documents, statements, plans and forms. Any persons having interest in the lands and any person affected by the proposals of the said scheme may inspect the scheme in the said office where arrangements for explaining the proposals in the scheme has been made. Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Office of the Arbitrator Arbitrator. Form XVII [See rule 56(6) ] Scheme No.\_\_\_\_\_\_\_\_\_\_\_\_ Re-distribution And Valuation Statement | | | | | | | | --- | --- | --- | --- | --- | --- | | | | | | Original Plot | Final Plot | | Serial No. | Name of Owner | Tenure | Survey No. | No. | Area in square metres | Value in rupees | No. | Area in square metres | | Without reference to value of structures | Inclusive of structures | | Rs. P. | Rs. P. | | 1 | 2 | 3 | 3(a) | 4 | 5 | 6(a) | 6(b) | 7 | 8 | | | | | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Value in Rupees | Contribution (+) Compensation (-)(Section 126 Column 9(b) minus Column 6(b) | Increment (Section 124) Column 10(a) minus Column 9(a) | Contribution (Section 125) per cent of Column 12 | Addition to (+) or deduction from (-) contribution to be made, if any | Net demand from (+) or by (-) owner being the addition of columns 11, 13, 14 | Remarks | | Undeveloped | Developed | | Without reference to structures | Inclusive of structures | Without reference to value of structures | Inclusive of structures | | Rs. P | Rs. P | Rs. P | Rs. P | Rs. P | Rs. P | Rs. P | Rs. P | Rs. P | Rs. P | | 9(a) | 9(b) | 10(a) | 10(b) | 11 | 12 | 13 | 14 | 15 | 16 | | | | | | | | | | | | Form XVIII [See rule 56(6) ] Scheme No.\_\_\_\_\_\_\_\_\_\_\_\_ Financial Statement of the\*\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | --- | --- | --- | | (i) | Expenses of works included in the scheme under section 91(2) (c)(d), (e) and (i) | Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ | | (ii) | Other expense of works under section 91 as may be relevant | Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ | | (iii) | Expenses shown in the Redistribution and valuation statement (total of Column 11 of Form XVII | Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ | | (iv) | Cost of preparation and publication under section 92 to section 95 | Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ | | (v) | Compensation under section 128 | Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ | | (vi) | Legal expenses under sections 123 (1) (e) | Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ | | (vii) | Cost of demarcations | Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ | | (viii) | Emoluments of Arbitrator and his establishment, including contingent expenditure | Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ | | (ix) | Emoluments and contingent expenditures of the establishment of the Tribunal of Appeal | Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | (a) Total | Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | (a) [Total of increments (Col. 12 of Form XVII)] | Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | Proportion of increment to be contributed by each holder under section | Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | (b) Total of the contribution under section 125 | Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ | Net Cost of the scheme to the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Authority- (a) -(b) \*Give name of the Authority here. \*\*Section or authority to be quoted in details. Note :- The sign(-) before can item of expense indicates that the amount is payable to the Authority. Particulars should be inserted showing how net cost of the scheme is proposed to be met. Form XIX [See rule 56(9) (a)] Scheme No.\_\_\_\_\_\_\_\_\_\_ Final In pursuance of rule 56(9) (a) it is hereby notified that a scheme in respect of the area covered by scheme No.\_\_\_\_\_\_\_\_\_ of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Authority has been drawn up by me and I have this \_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_ month\_\_\_\_\_\_\_\_\_\_\_ year declared by decision as Arbitrator with regard to matters contained in section 102(3) of the Punjab Regional and Town Planning and Development Act, 1995. Every owner of land or building included in the said scheme is being sent a copy of my decision separately. Any person aggrieved with the aforesaid decision except in so far as it relates to clause (iv to xi), clauses (xiv), (xv), (xvi), (xviii), (xix) and (xx) of sub-section (3) of section 102 of the said Act may prefer appeal under section 104 of the said Act. A copy of the above scheme with all the information, decisions and plans is available for inspection in the office of the undersigned on all working days during office hours and necessary arrangements have been made to explain the scheme. Note :- Strike out the provisions not applicable. Date\_\_\_\_\_\_\_\_\_\_\_\_\_ Office of the Arbitrator Arbitrator Form XX [See rule 56(9) (b)] Scheme No.\_\_\_\_\_\_\_\_\_\_\_\_\_ Final I send herewith the extract of my decision under sub-section (3) of section 102 of the Punjab Regional and Town Planning Development Act, 1995 in respect of the Original Plot No.\_\_\_\_\_\_\_\_\_\_\_\_\_ as required by sub-rule 9(b) of rule 56 of the Punjab Regional and Town Planning and Development (General) Rules, 1995. Extract | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Serial No. | Plot No. of original plot | Area of original Plot (in square metres) | Rates square per metre (in Rs.) | Remarks | Plot No. of final plot allotted | Area of Final Plot (in square metres) | Rate per square metre of Final Plot without any improvement as contemplated in the scheme | Rate per square metre of Final Plot with improvement as contemplated in the scheme | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | | | | | | | | | | | The amount payable by/to you under section\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Estimated amount of the increment under section\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Amount of incremental contribution under section 125 \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ The compensation under section 128 \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Net amount of contribution payable by you\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Net amount payable to you \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ I am further to inform you as under\* :- (1) The final scheme drawn up by me will be available for inspection in the office of the undersigned on all working days during office hours with all the plans, details of the expenditures, forms and details of the calculations for the plot, sales statements, sales plan, detailed valuation of each and every plot and my decision. Necessary arrangements are also made for explaining the informations as above. (2) Decision under clauses (i) to (iii), Clause (xii), (xiii) and (xvii) are final. All other decisions are subject to modifications in accordance with the decisions of the Tribunal of Appeal. If you are aggrieved by any of the above decisions which are subject to the decision of the Tribunal of Appeal you may prefer an appeal (with three copies of Memorandum of Appeal) to the Tribunal of Appeal in accordance with the provisions of section 104. (3) All the amount in respect of the scheme for the works other than agreed upon shall be payable to the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Authority on or before the date as notified by the said Authority. (4) Any other matter. Dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Arbitrator \*Strike out whichever is not applicable. Form XXI (See rule 58) Notice Under Sub-section (1) of Section 114 of The Punjab Regional And Town Planning And Development Act, 1995. Notice is hereby published for the information of the general public under sub-section (1) of section 114 of the Punjab Regional and Town Planning Development Act, 1995 (Punjab Act No. 11 of 1995) that the State Government intends to withdraw the draft scheme sanctioned under sub-section (1) of section 113 of the said Act. Any person affected thereby may send objections or suggestions, if any, in writing to the undersigned within a period of thirty days from the date of publication of this notice. Competent Authority Form XXII (See rule 60) Notice Under Sub-section (1) of Section 117 of The Punjab Regional And Town Planning And Development Act, 1995. To \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ It has been reported to me that you have not complied with the provisions of the final scheme sanctioned under section 113 of the Punjab Regional and Town Planning and Development Act, 1995 (Punjab Act No. 11 of 1995) and have made violations particularly. (i) erected/re-erected a building/structure in contravention of the sanctioned scheme\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) carried out any other works in contravention of the sanctioned scheme \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. You are hereby directed to remove, pull down or alter the buildings or structures or any other works as detailed above within a period of seven days from the date of service of this notice and if you fail to do so within a period specified above, I may take such measures as I may deem fit for the execution of the final scheme under the provisions of the Punjab Regional and Town Planning and Development Act, 1995. Competent Authority. Form XXIII (See rule 60) To The Punjab Urban Planning and Development Authority. In consideration of the directions of the Tribunal of Appeal in regard to payment of development charges/betterment charges levied by the Authority under the Punjab Regional and Town Planning and Development Act, 1995 as assessed by the Arbitrator, the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (hereafter referred to as the Bank) hereby guarantees that Shri\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ shall make the payment of development Charge/betterment charge as per decision of the Tribunal of Appeal under section 142. The bank also hereby agrees that this guarantee shall be continuing and shall be terminable only after the order/direction of the Tribunal of Appeal is complied with by the appellant who has preferred an appeal before the Tribunal of Appeal against the order of the Arbitrator passed under Chapter IX of the Act. Yours faithfully, Signature (Seal of Bank) Form XXIV (See rules 72) Form of application for permission under clauses (b) (c) or (d) of the sub- section (2) of section 143 of the Punjab Regional and Town Planning and Development Act, 1995. To \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sir, As my/our request for the permissions pertains to a site lying within\_\_\_\_\_\_\_\_\_\_\_\_ metres of a scheduled road or \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ metres of a bye-pass I/We beg to apply for permission as under :- \*(A) For erection or re-erection of a building which was in existence immediately before the commencement of the \*Act and which involves structural alterations or additions the details whereof have been given below :- (i) Exact location of the building indicating name of the road or bye-pass and kilometre stone ; (ii) Since when existing; (iii) Purpose for which the present building is used; (iv) Reason why erection or re-erection with structural alterations or additions, necessary. The following plans are enclosed :- (i) Site plan in triplicate indicating location of the building; (ii) Building plan in triplicate; (B) For lying out means of access to a scheduled road or by-pass with particulars as under :- (i) Name of scheduled road or bye-pass to which access desired; \*Punjab Scheduled Roads and Controlled Areas Restriction of the regulated Development Act, 1963. (ii) Point at which access desired indicating number of Kilometre stone or metre stone, etc. (iii) Layout of the junction of the access with the scheduled road or bye- pass. (iv) Reason for which access required; (v) Revenue particulars of the land under the proposed access. I/We enclose a site plan indicating the proposed access. \*(C) For erecting or re-erecting a motor-fuel-filling station or a bus-queue shelter. The following plans are enclosed:- (i) Site plan in triplicate indicating location of the proposed station or shelter with reference to the kilometre stone or metre stone. (ii) Building plan in triplicate. Yours faithfully, Name and full address. \*Strike off whichever is inapplicable Form XXV (See rule 75) Form of order of grant or refusal to grant permission under section 144 of the Punjab Regional and Town Planning Development Act, 1995. To \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sir, Reference your application dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ for permission to :- (a) erect or re-erect building ; or (b) laying out means of access to a scheduled road or bye-pass ; or (c) erection or re-erection of motor-fuel-filling station or bus queue shelter ; in accordance with the plans submitted by you. Permission is hereby - \*(a) granted for the aforesaid work ; \*(b) refused for reasons given on the reverse ; \*(c) granted subject to the conditions given below :- ### 1. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 3. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Yours faithfully, Competent Authority \*Strike off whichever is not applicable. Form XXVI (See rule 76) Register of buildings and means of access to scheduled roads and motor fuel filling stations and bus queue shelters in respect of which permission is given or deemed to have been given or refused by the Competent Authority under section 144. (i) District \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) From Kilometre\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to kilometre \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (iii) Name of scheduled roads/bye-pass | | | | | | | --- | --- | --- | --- | --- | | Serial No. | Location of Building or access to road or fuel filling station or bus queue shelter | Right hand side or left hand side of the road | Description of Building or access to road or fuel filling station or bus queue shelter | Purpose for which building in column 4 is to be used | | 1 | 2 | 3 | 4 | 5 | | | | | | | Signature of Competent Authority Form XXVII (See rule 77) From (Name and designation of the employees) To The Secretary to Government, Punjab, Department of Housing and Urban Development, Chandigarh. Subject :- Option for transfer to the service of the Punjab Urban Planning and Development Authority. Sir, With reference to your memo/letter No.\_\_\_\_\_\_\_ dated\_\_\_\_\_\_\_ on the subject cited above, I hereby give my willingness/unwillingness for my transfer to the service of the Punjab Urban Planning and Development Authority in terms of the provisions of section 151 of the Punjab Regional and Town Planning and Development Act, 1995. Date : Place (Signature of the employee) ### 1. Name of the employee ### 2. Father's name ### 3. Date of birth ### 4. Present post\_\_\_\_\_\_\_\_\_\_\_\_\_ from \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to \_\_\_\_\_\_\_\_\_\_ ### 5. Scale of pay\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 6. Service Record \_\_\_\_\_\_\_\_\_\_\_\_\_ Post held \_\_\_\_\_\_\_\_ From \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To\_\_\_\_\_\_\_\_\_\_\_\_\_ (i) (ii) (iii) (iv)

65ba9779ab84c7eca86ec285

acts

State of Goa - Act -------------------- The Goa Salaries and Allowances of Ministers Act, 1964 -------------------------------------------------------- GOA India The Goa Salaries and Allowances of Ministers Act, 1964 ======================================================== Act 3 of 1965 --------------- * Published on 5 September 2018 * Commenced on 5 September 2018 The Goa Salaries and Allowances of Ministers Act, 1964 (Act No. 3 of 1965 ) [Dated 20th March, 1965] LA/2109/65. - An Act to provide for the salaries and allowances of Ministers in Goa, [\* \* \*] [The figure and words 'Daman & Diu' deleted by the Amendment Act 4 of 1987.] . 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 and commencement. (1) This Act may be called the Goa [\* \* \*] [The figure and words 'Daman & Diu' deleted by the Amendment Act 4 of 1987.] Salaries and Allowances of Ministers Act, 1964. (2) It shall be deemed to have come into force on the 1st day of April, 1964. ### 2. Definitions. - In this Act unless the context otherwise requires - (a) [\* \* \*] [Clause (a) deleted by the Amendment Act 4 of 1987.] (b) ["family" means as defined in the Medical Attendance Rules applicable to class I Officers of the Central Government.] [Substituted by the Amendment Act 64 of 2001.] ; (c) "Government" means the Government of Goa [\* \* \*] [The figure and words 'Daman & Diu' deleted by the Amendment Act 4 of 1987.] ; (d) ["Minister" means a Minister appointed under article 164 of the Constitution of India and includes the Chief Minister ,Deputy Chief Minister , Minister, Minister of State and Deputy Minister.] [Substituted by the Amendment Act 25 of 2000.] ; (dd) [ "prescribed" means prescribed by rules under this Act.] [Inserted by the Amendment Act 10 of 1970.] ; (e) "travelling allowance" means the allowance granted to a Minister to cover the expenses which he incurs in travelling in the interest of public service as against travelling in personal interest or for private purpose, such as journeys for rest or recuperation of health or for attending party meeting or for election campaign. ### 3. [ Salaries and conveyance allowance of Minister. [This section was amended vide Amendment Acts 10 of 1970, 3 of 1975, 5 of 1983, 4 of 1987, 2 of 1989, 18 of 1990, 26 of 1997 and finally substituted by the above entry by Amendment Act 25 of 2000. Thereafter vide Amendment Act 25 of 2002 entries of sub-section 2 were amended, and entries of Rs. 7000, 6500 and 6000/- were substituted vide new figures Rs. 1000/-. Thereafter vide Act 24 of 2004 further Rs. 15000/- substituted in place of Rs.10000/-.] (1) There shall be paid to each Minister a monthly salary as laid down below, namely- | | | | | --- | --- | --- | | 1. | Chief Minister | Rs. 8,000/- | | 2. | Deputy Chief Minister | Rs. 7,000/- | | 3. | Ministers | Rs. 6000/- | | 4. | Minister of State/Deputy Minister | Rs. 5000/-. | (2) Every Minister shall also be entitled to a monthly sumptuary allowance as laid down below, namely:- | | | | | --- | --- | --- | | 1. | Chief Minister | Rs. 15,000/- | | 2. | Deputy Chief Minister | Rs. 9,500/- | | 3. | Ministers | Rs. 9,000/- | | 4. | Minister of State/Deputy Minister | Rs. 5000/-]. | (3) [ The amount payable as monthly salary and monthly sumptuary allowance under subsection (1) and (2) respectively, shall be increased from time to time, at the rate arrived after deduction of the rate of dearness allowance as was applicable on the first day of April, 2012 from the rate of dearness allowance, as notified from time to time in terms of the Sixth Central Pay Commission’s Recommendations.] [Inserted by Goa Act No. 13 of 2018, dated 5.9.2018.] ### 4. [Residence of Ministers. [Substituted by the Amendment Act 10 of 1970.] - Each Minister [\* \* \*] shall be entitled, without any payment, to the use and maintenance of a furnished residence throughout his term of office and for a period of fifteen days immediately thereafter, and so long as such residence is not provided, to a compensatory allowances of [ten thousand rupees per month; [\* \* \*] [Substituted by the Amendment Act 18 of 1990 and thereafter by the Amendment Act 25 of 2000, 25 of 2002.] [and in addition, shall also be entitled, for the purpose of payment to a sum equal to the actual charges of electricity and water in respect of his private residence] [Inserted by the Amendment Act 21 of 2005.] .]: Provided that the compensatory allowance payable to a Deputy Minister for the period for which no residence is provided to him shall be two hundred rupees per month. [Provided that the Chief Minister shall not be entitled to the compensatory allowance as aforesaid.] [Inserted by the Amendment Act 24 of 2004.] [Provided further that, the amount payable as compensatory allowance, shall be increased from time to time, at the rate arrived after deduction of the rate of dearness allowance as was applicable on the first day of April, 2012 from the rate of dearness allowance as notified from time to time in terms of Sixth Central Pay Commission’s Recommendations.] [Inserted by Goa Act No. 13 of 2018, dated 5.9.2018.] Explanation: - For the purpose of this section.- (i) 'residence' includes the staff quarters and other buildings appurtenant thereto and the garden thereof [but does not include such portion of the residence or buildings appurtenant thereto as is exclusively set apart for use as office at the residence and is used as such] [Inserted by the Amendment Act 9 of 1979.] ; (ii) ['maintenance' in relation to a residence includes payment of local rates and taxes and provision of electricity and water, which shall be paid by the Government] [Substituted by the Amendment Act 4 of 1987.] .] ### 4A. [\* \* \*] [Section 4A Constituency office allowance was inserted by the Amendment Act 25 of 2002, which has been deleted by the Amendment Act 24 of 2004.] ### 5. [ [Motor car amenities] [Substituted by the Amendment Act 10 of 1970.] . - [(1) Each Minister shall be entitled to the free use of a motor car [which shall be provided and maintained by the Government] [Sub-section (1) substituted by the Amendment Act 7 of 1971 and thereafter by the Amendment Act 26 of 1997.] and the services of a chauffeur.] [explanation.] [Substituted by the Amendment Act 25 of 2000, and thereafter same has been omitted by the Amendment Act 6 of 2003.] (2) [\* \* \*] [Sub-section (2) omitted by the Amendment Act 24 of 2004.] (3) [ ] [First paragraph of sub-section 3 omitted by the Amendment Act 26 of 1997. Thereafter entire sub-section (3) omitted by the Amendment Act 25 of 2000.] .] [A Minister may use the motor car for private use up to a limit of 500 kms. per month subject to the payment of Rs.100/- per month.] [Inserted by the Amendment Act 4 of 1987.] ### 6. [\* \* \*] [Omitted by the Amendment Act 24 of 2004.] ### 7. Travelling and daily allowance to Ministers. (1) Subject to the provisions of the Schedule, a Minister shall be entitled to:- (a) travelling allowance for himself and the members of his family and for the transport of his and his family's effects:- (i) in respect of journeys to Panjim from his usual place of residence outside Panjim for assuming office, and (ii) in respect of journeys from Panjim to his usual place of residence outside Panjim on relinquishing office, and (b) travelling and daily allowance in respect of tours undertaken by him in the discharge of his official duties, whether by land, sea or air. (2) Any travelling allowance under this section may be paid in cash or free official transport provided in lieu thereof. ### 8. [\* \* \*] [Omitted by the Amendment Act 24 of 2004.] ### 9. [Ministers not to draw salary or allowances as members of the Legislative Assembly. [Section 9 was substituted by the Amendment Act 25 of 2000, and thereafter by the Amendment Act 24 of 2004.] - A Minister shall not be entitled to receive salary and allowances under the Goa Salaries and Allowances and Pension of Members of the Legislative Assembly Act, 2004 except the allowances, advances and other benefits admissible to the Minister as a Member of Legislative Assembly under the aforesaid Act, 2004.] ### 10. Notification respecting appointment of Ministers, etc. to be conclusive evidence thereof. - The date on which any person became or ceased to be a Minister shall be published by notification in the Goa [\* \* \*] [The words 'Daman and Diu' omitted by the Amendment Act 4 of 1987.] Government Gazette and any such notification shall be conclusive evidence of the fact that he became or, as the case may be, ceased to be a Minister on that date for all the purposes of this Act. ### 10A. [ Salary and Allowances of Leader of Opposition. [Inserted by the Amendment Act 4 of 1987.] - The Leader of Opposition of the Legislative Assembly of Goa shall be entitled of [the salary, allowances, other perks and amenities as admissible to a Minister.]] ### 11. [ Power to make rule. [Inserted by the Amendment Act 10 of 1970.] (1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) All rules made under this section shall be laid for not less than fourteen days before the Legislative Assembly as soon as possible after they are made, and shall be subject to such modifications as the Legislative Assembly may make during the session in which they are so laid, or during the session immediately following: Provided that any such modification shall be without prejudice to the validity of any thing previously done or omitted to be done under such rules.] Schedule ---------- (See Section 7) ### 1. Travelling on duty. - When travelling on duty by railway or by road or by steamer a Minister shall be entitled to draw travelling allowance and daily allowance at the maximum rates applicable to class I, Grade I officers serving in connection with the administration of the [State] [Substituted by the Amendment Act 4 of 1987.] : Provided that a Minister shall be entitled to draw only half of such travelling allowance if he travels on duty by road in a motor-car provided to him under section 5: Provided further that where the cost of petrol in respect of any travel by road on duty is met by Government, the Minister shall be entitled only to the daily allowance, if any, and not any travelling allowance. ### 2. Travelling allowance journey for assuming and demitting of office. - In respect of the journey to headquarters from his usual place of residence for assuming office or between headquarters and his usual place of residence on demitting office, a Minister is entitled to travelling allowance on the scale for the time being admissible to Class I, Grade I Officers serving in connection with the Administration of the [State] [Substituted by the Amendment Act 4 of 1987.] on transfer subject to the modification that for journeys by rail, a Minister and the members of his family may travel by air-conditioned class of accommodation. ### 3. Travel by air. - (1) A Minister may, in the public interest perform journeys on tour by air in public air transport services. (2) On the cancellation of a journey due to official reasons, a Minister shall be entitled to be reimbursed by Government any deduction made by the air transport services when refunding the fare on account of cancellation of the air passage. (3) A Minister who does not utilise the free transport provided by the air transport services between the air-booking Centre and the air-port may also recover in respect of journey to and from the air port actual travelling expenses or road mileage as for journey on duly by road. ### 3A. [ Travel by railway. [Inserted by the Amendment Act 2 of 1978.] - A Minister shall have the right to reserve by requisition an ordinary first class compartment when travelling by railway on duty. Explanation. - For the purposes of this paragraph, a first class compartment means a two-berthed compartment or an air-conditioned coupe, where it is available, or a four-berthed compartment, if a two-berthed compartment or an air-conditioned coupe is not available in the train by which the Minister travels. ### 3B. Travel by Steamer. - A Minister shall have the right to reserve by requisition a State cabin when travelling by steamer between Panaji or Mormugao and Bombay on duty.] ### 4. Advances. - A minister shall be entitled to:- (a) an advance of travelling allowance towards the cost of transporting himself and the members of his family and his family effects: - (i) in respect of the journey to headquarters from his usual place of residence outside head, & quarters for assuming office; and (ii) in respect of the journey from headquarters to his usual place of residence outside the headquarters on relinquishing office. (b) an advance of travelling and daily allowance in respect of the tours undertaken by him in the discharge of his official duties whether by sea, land or air.

65b9a031ab84c7eca86e97c3

acts

State of Haryana - Act ------------------------ The Punjab New Mandi Townships (Development and Regulation) Act, 1960 ----------------------------------------------------------------------- HARYANA India The Punjab New Mandi Townships (Development and Regulation) Act, 1960 ======================================================================= Act 2 of 1960 --------------- * Published on 5 January 1960 * Commenced on 5 January 1960 The Punjab New Mandi Townships (Development and Regulation) Act, 1960 Punjab Act No. 2 of 1960 Statement of Objects and Reasons. - As a result of increased agricultural facilities from the newly constructed Bhakra Canals and expectation of additional production of agricultural commodities, it is proposed to establish several market towns at convenient centres for the sales of surplus agricultural produce and for the establishment of ancillary industries. It is further proposed to design and develop these Mandis as Model Towns where people can live and carry on their business in pleasant and healthy surroundings free from congestion and squalor. To some extent the development of these towns will be on the lines of market towns of Colony District of West Pakistan, e.g. Arifwala, Burewala, Vihari, Khanewal (Multan) , Mandi Bahaud-Din (Gujarat), Phullarwan, Bhalwal and Sillanwali (Sargodha), but profiting by the experience of these towns it is proposed to avoid their defects and drawbacks. The Bhakhra Dam and its canals have already come to be regarded as a model of Engineering skill. It is hoped that the Mandis based on them will also become outstanding examples of a better way of life among the people. This Bill is designed to provide the requisite power for the proper planning, regulation and development of these towns as model habitations. Published vide Punjab Government Gazette, 1958, Page 1472-73. Received the assent of the Governor of Punjab on the 5th January, 1960 and was first published for general information in the Punjab Government Gazette (Extraordinary) dated the 8th January, 1960. An Act to provide for the development and regulation of New Mandi Townships in Punjab. Be it enacted by the Legislature of the State of Punjab in the Tenth year of the Republic of India as follows :- ### 1. Short title, extent and commencement. (1) This Act may be called the Punjab New Mandi Townships (Development and Regulation) Act, 1960. (2) It extends to the whole of the State of Punjab. (3) It shall come into force at once. ### 2. Definitions. - In this Act, unless the context otherwise requires, - (a) "Administrator" means any person designated by the State Government by notification in the official gazette for performing the functions of an Administrator under this Act; (b) "amenity" includes roads, water-supply, street lighting, drainage, sewerage, cattle-sheds, warehouses, public lavatories, bath rooms, Public buildings, horticulture, landscaping and any other public utility as may be prescribed; (c) "building" means any construction or part of a construction which is intended to be used for residential, commercial, industrial or other purposes, whether in actual use or not and includes any out-house, structure, stable, cattle shed, garage, hut, platform and plinth; (d) "Commissioner" will have the meaning assigned to him in the Colonization of Government Lands (Punjab) Act, 1912; (e) "erect or re-erect any building" includes - (i) any material alteration or enlargement of any building, (ii) the conversion by structural alteration into a place for human habitation of any building not originally constructed for human habitation, (iii) the conversion into more than one place for human habitation of a building originally constructed as one such place, (iv) the conversion of two or more places of human habitation into a greater number of such places, (v) such alterations of a building as affect an alteration of its drainage or sanitary arrangements, or materially affect its security, (vi) the addition of any rooms, buildings, out-houses or other structures to any building, (vii) the construction in a wall adjoining any street or land not belonging to the owner of the wall, of a door opening on to such street or land, and (viii) the construction of any overhanging structure over any street or Public place or the enclosing of any space intended to be kept open; (f) "new mandi township" means any area declared to be new mandi township by the State Government under sub-section (1) of section 3; (g) "occupier" means a person, including a firm or other body of individuals, whether incorporated or not, who occupies a site or building transferred under this Act, and includes his successors and assigns; (h) "prescribed" means prescribed by rules made under this Act; (i) "site" means any land which is transferred by the State Government under section 3; (j) "transferee" means a person (including a firm or other body of individuals, whether incorporated or not) to whom a site or building is sold, leased or transferred in any manner whatsoever under this Act, and includes his successors and assigns. ### 3. Power of State Government to declare New Mandi Township and to transfer land and building therein. (1) The State Government may, from time to time, by notification in the official gazette, declare any area to be a new mandi township for the purposes of this Act to be known by such name as may be specified in the notification. (2) Subject to the provisions of sub-section (4), the State Government may sell, lease or otherwise transfer, whether by auction, allotment or otherwise, any site or building belonging to the State Government in any new mandi township on such terms and conditions as may be prescribed. [(3) The consideration money for any transfer under sub-section (2) shall be paid to the State Government in such manner, in such instalments and at such rate of interest as may be prescribed. (4) Notwithstanding anything contained in any other law for the time being in force, a site or building or both as the case may be, shall continue to belong to the State Government until the entire consideration money together with interest and other amount, if any, due to the State Government on account of the sale of such site or building or both under sub-section (2), is paid. (5) Until the conditions prescribed are fulfilled, the transferee shall not transfer his rights in the site or building except with the previous permission of the Administrator, which may be granted on such terms and conditions, which he may deem fit.] [Substituted by Haryana Act No. 10 of 1973.] ### 4. Bar to erection or alteration of buildings in contravention of building rules. (1) No person shall erect or re-erect or occupy wholly or partly any building or use or develop any site or building in contravention of any rules made under sub-section (2) and without the previous permission in writing of the Administrator. (2) The State Government shall, by notification in the official gazette, make rules to regulate the erection or re-erection of buildings and use of sites, and such rules may provide for all or any of the following matters :- (a) notice to build and procedure for submission of building applications with building and site plans; (b) use of site and the type and character of building and the number of self-contained units that may be erected on any site; (c) extent of site coverage and space about buildings and the prescription of a building line; (d) the minimum dimensions and superficial area required for various parts of the building designed for different purposes and the minimum provision of doors and windows for securing ventilation and circulation of air; (e) the maximum height of any building and the total number and height of storeys in a building; (f) the means to be provided for ingress and egress to any building for prevention of fire; (g) the extent of architectural control on the various units of the building and the portions of such architectural units; including compulsory building line along which, and compulsory height up to which, building shall be completed within a specified and reasonable time; (h) the specification of materials and dimensions for any building to ensure structural stability; (i) the materials and methods of construction for drains and sewers and for the provision and use of connection between private and public drains and sewers and the procedure for submission of plans; (j) Supervisors and Architects for design and erection of any buildings and the qualifications which such persons shall possess; (k) notice and certificate of completion of buildings or parts thereof; (l) any other matters for the proper use and development of sites and the use, alteration and erection of buildings thereon. ### 5. Administrator's powers to sanction or refuse erection of buildings and presumption of sanction. (1) The Administrator shall refuse to sanction the erection of any building in contravention of any rules made under sub-section (2) of section 4. (2) The Administrator shall in every case, communicate the sanction or rejection of a building application within sixty days of its receipt. (3) Where no communication is received by the applicant from the Administrator within the period specified in sub-section (2), the application shall be deemed to have been sanctioned and the applicant may, after giving fifteen days' notice to the Administrator, erect or re-erect the building in accordance with the building application submitted by him to the Administrator for sanction notwithstanding that such erection or re-erection contravenes the rules made under section 4 : Provided that when the Administrator modifies the building application within such fifteen days and communicates the modification to the applicant the applicant shall erect or re-erect the building in accordance with such modification. ### 6. Power of Administrator to stop unauthorised building operations and penalty for breach and disobedience. - Where the erection or re-erection of a building has been commenced without sanction or is being carried on as such or in contravention of the terms of any sanction, the Administrator may, by a notice to be served on the owner, or by affixing it at the site or on the building, direct that the building operations be discontinued. ### 7. Power of Administrator to direct modification of sanctioned plan of a building before its completion. - If at any time before the completion of a building of which the erection or re-erection has been sanctioned under section 5, the Administrator finds that any modification of the sanctioned plan is necessary, he may direct that the building be modified accordingly, subject to payment of compensation by the State Government for any loss incurred by owner on account of such modification. ### 8. Lapse of sanction after one year from the date of such sanction. - Every sanction for erection or re-erection of any building given or deemed to have been given shall be valid for one year from the date of such sanction or for such longer period as the Administrator may allow Provided that the erection or re-erection of the building not commenced within one year, and completed within two years or such longer period as may have been allowed, the sanction shall be deemed to have lapsed, but such lapse shall not bar any subsequent application for fresh sanction. ### 9. Power to require proper maintenance of site or building. - If it appears to the Administrator that the condition or use of any site or building is prejudicially affecting the proper planning of any part of the new mandi township, or its amenities, or the health or interests of the general public, he may serve on the transferee or occupier of the site or building notice requiring him to take such steps and within such period as may be specified in the notice and thereafter to maintain it in such a manner as may be specified therein. ### 9A. [ Provision of amenities. [Added by Haryana Act No. 45 of 1974] - The State Government may provide the amenities on such terms and conditions as may be prescribed]. ### 10. Levy of fees for amenities. - For the purpose of providing, maintaining or continuing any amenity in the new mandi township, the State Government may levy such fees as it may consider necessary in respect of any site or building on the transferee or occupier thereof. ### 11. [ Imposition of penality and mode of recovery of arrears. [Substituted by Haryana Act No. 10 of 1973.] (1) Where any person makes default in the payment of any rent due in respect of any lease of any site or building or both, as the case may be under Section 3, or any fees under Section 10, the Administrator may direct that in addition to amount of arrears, a sum not exceeding that amount shall be recovered from the person by way of penalty : Provided that no such direction shall be made unless the person affected thereby has been given a reasonable opportunity of being heard in the matter. (2) Where any person makes default in the payment of any amount, being the arrears or penalty, or both, directed to be paid under sub-section (i), such amount may be recovered from him, in the same manner as an arrears of land revenue.] ### 12. [ Imposition of penalty in case of non-payment of consideration Money. [Substituted by Haryana Act No. 10 of 1973.] (1) Where any transferee makes default in the payment of any consideration money or any instalment on account of the sale of any site or building, or both, under Section 3, the Administrator may, by notice in writing, call upon the transferee to show cause within a period of thirty days, why a penalty (which shall not exceed ten per centum of the amount due from the transferee) be not imposed upon him. (2) After considering the cause, if any, shown by the transferee and after giving him a reasonable opportunity of being heard in the matter, the Administrator may, for reasons to be recorded in writing, make an order of imposing the penalty and direct that the amount of money due along with the penalty shall be paid by the transferee, within such period as may be specified in the order.] ### 13. [ Resumption and forfeiture for breach of conditions of transfer. [Substituted by Haryana Act No. 10 of 1973.] (1) If the transferee fails to pay the amount due together with the penalty, in accordance with the order made under sub-section (2) of Section 12, or commits a breach of any other condition of such sale, Administrator may be notice in writing, call upon the transferee to show cause, within a period of thirty days, why an order of resumption of the site or building, or both, as the case may be and forfeiture of the whole or any part of the money, if any paid in respect thereof (which in no case shall exceed ten per centum of the total amount of the consideration money, interest and other dues payable in respect of the sale of the site or building, or both) should not be made. (2) After considering the cause, if any, shown by the transferee in pursuance of a notice under sub-section (1) and any evidence that he may produce in support of the same and after giving him a reasonable opportunity of being heard in the matter, the Administrator may, for reasons to be recorded in writing, make an order resuming the site, or building, or both, as the case may be, so sold and directing the forfeiture as provided in sub-section (1) of the whole or any part of the money paid in respect of such site]. ### 14. Penalty for breach of the provisions of the Act or rules thereunder. (1) Except as otherwise provided in this Act, any contravention of the provisions of this Act or the rules made thereunder shall be punishable with fine which may extend to five hundred rupees and, in the case of continuing contravention, with an additional fine which may extend to fifty rupees for each day during which such contravention continues after the first conviction. (2) If a building is begun, erected or re-erected in contravention of any of the rules made under sub-section (2) of section 4, the Administrator shall be competent to order the building to be altered or demolished by a written notice served on the owner thereof within six months of such commencement, erection or re-erection. Such notice shall also specify the period not being less than fifteen days during which such alteration or demolition must be made and, if the notice is not complied with, the Administrator shall be competent to demolish the said building at the expense of the owner : Provided that the Administrator may, instead of requiring the alteration or demolition of any such building, accept by way of composition such sum as he may deem reasonable. ### 15. Exemption. - Nothing in this Act shall apply to - (a) [ any building erected or re-erected for bona fide personal residential purposes and not above the height of 11 meters or for purposes subservient to agriculture in the abadi area of any village as defined in the revenue record: [Substituted by Haryana Act No. 3 of 2000.] Provided that no such building shall be used for commercial purposes;] (b) the erection or re-erection of a place of worship or a tomb or cenotaph or of a wall enclosing a grave-yard, place of worship, cenotaph or samadhi on land which is, at the time of the notification [under sub-section (1) of Section 3] [Substituted by Haryana Act No. 3 of 2000.] , occupied by or for the purposes of such place of worship, tomb, smadhi, cenotaph or graveyard; (c) Excavations (including wells) or other operations made in the ordinary course of agriculture; (d) the construction of an unmettaled road intended to give access to land solely for agricultural purposes; (e) [ Any area falling within the limits of local authority.] [Added by Haryana Act No. 22 of 1999.] ### 16. Powers of entry on buildings or land. (1) The Administrator may, after giving four days' notice to the occupier, or if there be no occupier, to the owner of the building or land authorise any person - (a) to enter on and to survey and to take levels or measurements of any building or land, (b) to enter into any building or on any land to ascertain whether any building is being or has been erected without sanction or in contravention of any sanction or the rules made under this Act and to take such measurements as may be necessary for this purpose. (2) The entry contemplated in clauses (a) and (b) of sub-section (1) shall be between sunrise and sunset. ### 17. Partial exclusion of jurisdiction of Municipal Committees, Panchayats and Town Improvement Trusts in new mandi townships. (1) If any new mandi township or a part thereof lies within the limits of a municipality, notified area, Gram Panchayat area or local area, under the Punjab Town Improvement Act, 1922, the State Government may, by notification in the official gazette, direct that any or all the powers under the Punjab Municipal Act, 1911, the Punjab Gram Panchayat Act, 1952, or the Punjab Town Improvement Act, 1922, as are relevant to the purposes of this Act, shall, subject to such conditions and restrictions as may be specified in the notification, cease to operate in such new mandi township or a part thereof, and the Municipal Committee, the President or any officer of the Committee, the Gram Panchayat or the Town Improvement Trust, as the case may be, shall thereafter cease to have jurisdiction over that new mandi township or a part thereof, as the case may be, in respect of such powers. (2) The provisions of the Punjab Municipal Act, 1911, the Punjab Gram Panchayat Act, 1952, and the Punjab Town Improvement Act, 1922, in so far as they are inconsistent with the provisions of this Act shall not apply to a new mandi township or a part thereof. ### 18. Procedure for prosecution. - No court shall take cognizance of any offence under section 14 except on the complaint of, or upon information received by the Administrator or any other person authorised by him in this behalf. ### 19. [ Bar of Jurisdiction. [Substituted by Haryana Act No. 10 of 1973.] - No court shall have jurisdiction to entertain any suit in respect of any proceedings for the recovery of any arrears or penalty under Section 11 or Section 12 or in respect of the resumption of any site or building, or both, under Section 13 or the forfeiture of any money under Section 13 or in respect of any order made by the State Government or any other authority in the excise of any power conferred by or under this Act.] ### 20. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against the Administrator or any other officer or authority for any thing done or intended to be done in good faith in pursuance of this Act or rules or orders made thereunder. ### 21. Delegation. (1) The State Government may, by order direct that any power exercisable by it or by the Administrator under this Act shall also be exercisable by such officer not below the rank of a Naib-Tahsildar and subject to such conditions, if any, as may be specified in the order. (2) The Administrator may delegate all or any of his powers under this Act to any officer not below the rank of a Naib-Tahsildar of the State Government or any other authority subject to such conditions as may be specified by the Administrator. ### 22. Power to exclude application of Act to certain new mandi townships. - If the State Government is of the opinion that it is not in public interest to develop a new mandi township it may, by notification, declare that the provisions of this Act shall cease to apply to such new mandi township from such date as may be specified in such notification. ### 23. [ Power to include fully or partially developed new mandi townships within limits of local authorities. [Substituted by Haryana Act No. 32 of 1971.] (1) If the State Government is of the opinion that any new mandi township or a part thereof has been fully or partially developed in accordance with the provisions of this Act and the rules made thereunder, it may, by notification in the Official Gazette, include such new mandi township or a part thereof within the local limits of any local authority from such date and on such conditions as may be specified in the notification, and thereupon the provisions of this Act and the rules made thereunder shall cease to apply to such new mandi township or part thereof, and the provisions of law for the time being in force relating to such local authority shall apply in relation thereto : Provided that the State Government may direct that the works relating to water supply and sewerage disposal shall be maintained by it and the expenses incurred for the maintenance of such works shall be paid, within such time as the State Government may fix, by the local authority. (1A) [ Notwithstanding anything contained in sub-section (1) , where any area in a new mandi township has been fully or partially developed, the State Government may, by notification transfer, from such date and on such conditions, as may be specified in the notification, roads, parks and open spaces therein, to the local authority within whose jurisdiction the area so developed is situate, and on such transfer the same shall be maintained by the local authority;] (2) While issuing a notification under [sub-section (1) or sub-section 1-A] [Inserted by Haryana Act No. 10 of 1978.] the State Government may direct the local authority that the use of sites mentioned in the layout plan approved under the provisions of this Act and the rules made thereunder shall not be altered by the local authority without prior concurrence of the State Government.] ### 24. Certain Sales to be deemed to be sales under this Act. (1) Every sale of land made to any person in a new mandi township in pursuance of the Punjab Government, Agriculture Department Notification No. 359-D(M)-57/884, dated the 5th March, 1957, shall be deemed to have been made to such person under the provisions of this Act, and as from the commencement of this Act in such new mandi township, the provisions of the Colonisation of Government Lands (Punjab) Act, 1912, shall cease to apply to such sale of land and all the provisions of this Act and the rules or orders made thereunder shall apply accordingly in respect thereof : Provided that such rules or orders shall not be inconsistent with the terms and conditions on which such sale has already been made. (2) The sales of land made for establishing the new mandi township of Bhatinda in the month of June, 1956, and in the new mandi township of Shutrana in the months of July and August, 1956, shall be deemed to have been made under this Act and all the provisions of this Act and the rules or orders made thereunder shall apply accordingly to such sales : Provided that such rules or orders shall not be inconsistent with the terms and conditions on which such sales have already been made. ### 25. Power to make rules. - The State Government may, by notification in the official Gazette, make rules prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act and in particular prescribing - (a) the terms and conditions on which any land or building may be transferred by the State Government under this Act; (aa) [terms and conditions for providing amenities] [Added by Haryana Act 45 of 1974.] (b) the manner in which consideration money for transfer may be paid; (c) the rate of interest payable and the procedure for payment of instalments, interest, fees, rents or others dues payable under this Act; (d) the terms and conditions under which the transfer of any right in any site or building may be permitted; (e) the levy of fees under section 10; (f) the terms and conditions for the breach of which any site or building may be resumed; (g) the form of notice and the manner in which notices may be served; (h) the form and manner in which appeals and applications under this Act may be filed and the Court-fees leviable on such appeals and applications; (i) any other matter which has to be or may be prescribed.

65b986f9ab84c7eca86e94f2

acts

State of Punjab - Act ----------------------- The Punjab Market Committees (Class IV) Service Rules, 1989 ------------------------------------------------------------- PUNJAB India The Punjab Market Committees (Class IV) Service Rules, 1989 ============================================================= Rule THE-PUNJAB-MARKET-COMMITTEES-CLASS-IV-SERVICE-RULES-1989 of 1989 ----------------------------------------------------------------------- * Published on 27 January 1989 * Commenced on 27 January 1989 The Punjab Market Committees (Class IV) Service Rules, 1989 Published vide Punjab Government Gazette, dated 27th January, 1989, Notification No. G.S.R. 10/P.A.23/61/S.43/89 ### 1. Short title and application. (1) These rules may be called the Punjab Market Committees (Class IV) Service Rules, 1989. (2) They shall apply to all the posts specified in Appendix 'A'. ### 2. Definitions. - In these rules unless the context otherwise requires, - (a) 'Act' means the Punjab Agricultural Produce Markets Act, 1961 (Punjab Act No. 23 of 1961 ); (b) 'Appendix' means an appendix to these rules ; (c) 'Chairman' means the Chairman of a Committee; (d) 'direct appointment' means an appointment made otherwise than by promotion or by transfer of a person already in the service of the Board or Government of India or of a State Government. (e) 'Government' means the Government of the State of Punjab in the Agriculture Wing of the Department of Agriculture and Forest ; (f) 'recruiting authority' means a recruiting authority of a Committee consisting of the Chairman of the Committee as its President, the District Mandi Officer or his nominee not below the rank of an Assistant District Mandi Officer as expert representative and two other representatives, one each out of the Scheduled Castes and Ex-Servicemen, to be nominated by the Committee from amongst its members : Provided that when there is a vacancy in the office of the Chairman in terms of Section 17 of the Act, the Committee shall elect one of its members to act as President of recruiting authority : Provided further that when the Committee is under supersession, the Officer appointed by the Government as its Administrator shall be the President of the recruiting authority and two other representatives to be nominated by the Committee had the Committee been under suspension from amongst its members shall be nominated by the Secretary of the Board from amongst the Officers of the Board one each of the Scheduled Castes and Ex-Servicemen ; (g) 'Service' means the Market Committee [Group-D] [Substituted '(Class IV)' by Notification No. G.S.R. 72/P.A.23/1961/S.43/Amd./2018, dated 12.9.2018 (w.e.f. 27.1.1989).] Service. ### 3. Number and Character of posts. - The Service of a Committee shall consist of the cadres and each cadre shall comprise the posts committee-wise specified in Appendix 'A'. Provided that nothing in these rules shall affect the inherent right of the Board to add to or reduce the number of such posts or to create new posts with different designations and scales of pay either permanently or temporarily. ### 4. Nationality, domicile and character of candidates appointed to Service. (1) No candidate shall be appointed to the Service unless he is, - (a) a citizen of India ; (b) a citizen of Nepal ; or (c) a subject of Bhutan ; or (d) a Tibetan refugee who came over to India before the 1st day of January, 1962 with the intention of permanently settling in India ; or (e) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, Kenya, Uganda and the East African countries of Tanzania (formerly Tanganyike and Zanzibar), Zambia, Malawi, Zaire, Ethiopia and Vietnam with the intention of permanently settling in India : Provided that candidates belonging to any of the categories (b) , (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government of Punjab in the Department of Home Affairs and Justice. (2) A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the appointing authority on his furnishing proof that he has applied for the certificate but he shall not be appointed to the Service unless a certificate of eligibility is given to him by the Government of Punjab in the Department of Home Affairs and Justice. (3) No person shall be recruited to the Service by direct appointment unless, he produces,- (i) a certificate of character from the principal academic officer of the university, college, school or institute last attended, if any, and similar certificates from two responsible persons not being his relatives, who are well acquainted with him in his private life and are unconnected with his university, college, school or institution; and (ii) an affidavit to the effect that he was never convicted for any criminal offence and that he was never dismissed or removed from service of any State Government, Government of India or any public sector undertaking ; and (iii) his character and antecedents are found to be satisfactory by the District Magistrate concerned. ### 5. Age and physical fitness. (1) No person shall be recruited to the Service by direct appointment if he is less than eighteen years of age or is more than thirty-five years of age on the first day of January of the year next preceding the last day of submission of applications fixed by the Committee or unless he is within such range of minimum and maximum age limits as may be specified by the Government from time to time : Provided that the appointing authority may, with the prior approval of the Board, for reasons to be recorded in writing, relax the upper age limit for a category or class of persons : Provided further that in case of candidates belonging to the Scheduled Castes and other Backward Classes, the upper age limit shall be such as may be fixed by the Government of Punjab from time to time. Note. - For age limits in case of recruitment of Ex-Servicemen the provisions of Rule 6 of the Punjab Recruitment of Ex-Servicemen Rules, 1982, shall apply. (2) (i) No person recruited to the Service by direct appointment shall be allowed to join the Service unless he, within the period to be specified by the appointing authority, has appeared for medical examination before the concerned Civil Surgeon or Chief Medical Officer, as the case may be, and has been declared by the Civil Surgeon or Chief Medical Officer, as the case may be, to be physically fit for duties which he will have to perform as member of the Service : Provided that a person appointed on purely temporary basis for a period not exceeding three months shall not be required to produce a medical certificate before joining the Service. (ii) The report of the Civil Surgeon or Chief Medical Officer in terms of clause (i) shall be final. ### 6. Appointing Authority. - All appointments to the Service shall be made by the Committee. ### 7. Disqualifications. (a) No person 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 appointed to the Service : Provided that if the Secretary of the Board is satisfied that such marriage is permissible under the personal law applicable to such person and other party to the marriage and that there are other grounds for so doing, may exempt any person from the operation of this rule. ### 8. Method of recruitment and qualifications. (1) Subject to the provisions of sub-rule (4), appointments to the Service shall be made in the manner specified in Appendix 'B' ; Provided that no person shall be appointed on daily wages or on ad hoc basis. (2) No person shall be appointed to a post in the Service unless he possesses the qualifications and experience as specified against that post in Appendix 'B'. (3) The following percentage of posts in the Service shall be reserved for making recruitment by direct appointment :- (i) for members of the Scheduled Castes, 25 per cent (ii) for members of the Backward Classes, 5 per cent Provided that reservation in the case of sportsmen, handicapped persons, freedom fighters or for any other category of persons shall also be up to such percentage as may, from time to time be specified by the Government of Punjab for the corresponding service under it. ### 9. Probation of persons appointed to Service. (1) Persons appointed to the Service shall remain on probation for a period of two years : Provided that :- (a) any period, after such appointment, spent on deputation on a corresponding or a higher post shall count towards the period of probation; (b) any period of officiating appointment to the Service shall be reckoned as period spent on probation, but no person who has so officiated shall, on the completion of the prescribed period of probation, be entitled to be confirmed unless he is appointed against a permanent vacancy; and (c) any period of leave not exceeding six months during or at the end of probation shall be counted towards the period of probation. (2) If, in the opinion of the appointing authority, the work or conduct of a person during the period of probation is not satisfactory, it may, if such person is recruited by direct appointment, dispense with his services or revert him to post on which he held lien prior to his appointment to the Service by direct appointment. (3) On the completion of the period of a probation of a person the appointing authority may:- (a) if his work and conduct has, in its opinion been satisfactory - (i) confirm such person from the date of his appointment if appointed against a permanent vacancy; or (ii) confirm such person from the date from which a permanent vacancy occurs, if appointed against a temporary vacancy; or (iii) declare that he has completed his probation satisfactorily if there is no permanent vacancy; or (b) if his work or conduct has not been in its opinion satisfactory dispense with his services. ### 10. Seniority of members of Service. - The seniority inter se of the members of the Service in each cadre of the Service shall be determined Committee-wise by the length of continuous service on a post in that cadre of the Service : Provided that in the case of members appointed by direct appointment who join within the period specified in the order of appointment or within such period as may be extended from time to time by the appointing authority subject to a maximum of four months from the date of order of appointment, the seniority based on the order of merit determined by the recruiting authority, shall not be disturbed : Provided further that in case a candidate is permitted to join the Service after the expiry of the said period of four months in consultation with the recruiting authority, his seniority shall be determined from the date he joins the Service : Provided further that in case a candidate of the next selection has joined the Service before the candidate referred to in the preceding proviso joins, the candidate so referred shall be placed below all the candidates of the next selection who join within the time specified in the first proviso. Note. - Seniority of the members of the Service who have been appointed on purely ad hoc basis or on daily wages before the commencement of these rules shall be determined as and when they are regularly appointed keeping in view the date of such regular appointment. ### 11. Liability to serve. - A member of the Service shall be liable to serve at any place whether within or out of the State of Punjab on being ordered to do so by the appointing authority. ### 12. Leave, Pay and other matters, etc. (1) In respect of pay, leave and other matters not expressly provided for in these rules, the members of the Service shall be governed by the Punjab Civil Service Rules, as applicable to the employees of the State of Punjab from time to time. (2) In respect of provident fund and gratuity, the members of the Service shall be governed by the Punjab State Agricultural Marketing Board and Market Committees Employees Provident Fund and Gratuity Rules, 1965 and the Punjab State Agricultural Marketing Board and Market Committees Employees Pension, Provident Fund and Gratuity Rules, 1987. ### 13. Pay of Members of Service. - The members of the Service shall be entitled to such scales of pay as may be authorised by the Board with the prior approval of the Government from time to time. The scales of pay at present in force in respect of the members of the Service are given in Appendix 'A'. ### 14. Discipline, Penalties and Appeals. (1) In the matters of discipline, punishment and appeals, the members of the Service shall be governed by the provisions of the Punjab State Agricultural Marketing Service (Punishment and Appeal) Rules, 1988. (2) The authority empowered to impose penalties as specified in Rule 5 of the Punjab State Agricultural Marketing Service (Punishment and Appeal) Rules, 1988 and the appellate authority thereunder in respect of the members of the Service shall be as specified in Appendix 'A'. ### 15. Periodical Medical check-up. (a) Every member of the Service shall be liable to undergo periodical medical examination and preventive or curative treatment as he may be required to undergo. (b) Every member of the Service shall be liable at any stage of his service when directed by the appointing authority to undergo medical examination by the Civil Surgeon or Chief Medical Officer, as the case may be, and his continuation in service shall be subject to the fitness certificate given by the Civil Surgeon or the Chief Medical Officer, as the case may be, to the satisfaction of the appointing authority. (c) In case any member of the Service is not found fit to perform his duties, he shall be liable to be retired from Service and shall be entitled to the same benefits as are admissible to employees of the Government of Punjab holding corresponding post under the Punjab Civil Service Rules Volume II on being retired on account of invalidity. ### 16. Vaccination and re-vaccination. - Every member of the Service shall get himself vaccinated or re-vaccinated when the appointing authority so directs by a general or special order. ### 17. Oath of allegiance. - Every member of the Service, unless he has already done so, shall be required to take an oath of allegiance to India and to the Constitution of India as by law established. ### 18. Power to relax. - Whether the appointing authority is of the opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing and with the prior approval of the Government relax any of the provisions of these rules with respect to any class or category of persons : Provided that the provisions relating to qualifications, and experience shall not be relaxed. ### 19. Interpretation. - If any question arises as to the interpretation of these rules, the Government shall decide the same. ### 20. Saving. - Notwithstanding anything contained in these rules, appointments made to any post under a Committee prior to the commencement of these rules shall be deemed to have validly been made under these rules and shall not be questioned on any ground, whatsoever. Appendix A' [See rules 1(2) , 3 and 13] | | | | | --- | --- | --- | | Sr. No. | Designation of the post | Scale of pay in rupees | | 1. | Peon | 300-5-325/5-350/10-430 | | 2. | Chowkidar | 300-5-325/5-350/10-430 | | Sr. No. | Name of the Market Committee | Number of posts | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | Peon | Chowkidar | | 1 | 2 | 3 | 4 | | 1. District Amritsar | | 1. | Amritsar | 9 | 4 | | 2. | Ajnala | 2 | 2 | | 3. | Bikhiwind | 4 | 2 | | 4. | Chogawan | 2 | 3 | | 5. | Chabhal | 2 | 2 | | 6. | Gehri | 3 | 4 | | 7. | Khem Karan | 8 | 3 | | 8. | Khadoor Sahib | 2 | 3 | | 9. | Mehta | 2 | 2 | | 10. | Patti | 2 | 2 | | 11. | Rayya | 4 | 3 | | 12. | Tarn Taran | 3 | 2 | | 13. | Majitha | 2 | 2 | | 14. | Attari | 2 | ... | | 15. | Naushera Panuan | 2 | 2 | | 2. District Bhatinda | | 16. | Bhatinda | 2 | 3 | | 17. | mansa | 4 | 1 | | 18. | Rampura Phul | 6 | 7 | | 19. | Budhladha | 4 | 2 | | 20. | Raman | 3 | 2 | | 21. | Maur | 3 | 2 | | 22. | bareta | 2 | 3 | | 23. | Bhucho | 4 | 3 | | 24. | Goniana | 3 | 1 | | 25. | Sardulgarh | 3 | 1 | | 26. | Sangat | 2 | 1 | | 27. | Bhagta Bhai Ka | 1 | 1 | | 28. | Bhikhi | 3 | 1 | | 29. | Talwandi Saboo | 1 | 1 | | 3. District Faridkot | | 30. | Nihalsinghwala | 3 | 3 | | 31. | Muktsar | 4 | 4 | | 32. | Moga | 9 | 9 | | 33. | malout | 6 | 3 | | 34. | Kotkapura | 4 | 4 | | 35. | Jaito | 3 | 3 | | 36. | Gidderbaha | 4 | 1 | | 37. | Faridkot | 4 | 7 | | 38. | Bariwala | 2 | 4 | | 39. | Badnikalan | 5 | 3 | | 40. | Baghapurana | 5 | 4 | | 41. | Ajitwal | 2 | 2 | | 4. District Ferozepur | | 42. | Ferozepur City | 6 | 3 | | 43. | Abohar | 6 | 6 | | 44. | Dharamkot | 4 | 2 | | 45. | Fazilka | 7 | 6 | | 46. | Mallanwala | 2 | 2 | | 47. | Makhu | 2 | 2 | | 48. | Jalalabad | 4 | 9 | | 49. | Guruharsahai | 3 | 2 | | 50. | Kot Ise Khan | 2 | 3 | | 51. | Mamdot | 2 | 1 | | 52. | Zira | 2 | 4 | | 53. | | 4 | 3 | | 54. | | 4 | 3 | | 5. District Gurdaspur | | 55. | Sirihargobindpur | 5 | 3 | | 56. | Quadian | 1 | 1 | | 57. | Pathankot | 3 | 2 | | 58. | Narot Jaimal Singh | 2 | 1 | | 59. | Gurdaspur | 4 | 2 | | 60. | Fatehgarh Churian | 2 | 2 | | 61. | Dinanagar | 2 | 2 | | 62. | Dhariwal | 3 | 2 | | 63. | Dera Baba Nanak | 2 | 2 | | 64. | Batala | 6 | 4 | | 65. | Kahnuwan | 3 | .. | | 66. | Kalanaur | 2 | 2 | | 6. District Hoshiarpur | | 67. | Balachaur | 2 | 1 | | 68. | Dasuya | 2 | 3 | | 69. | Garhshankar | 4 | 1 | | 70. | Hoshiarpur | 3 | 5 | | 71. | Tanda urmar | 2 | 2 | | 72. | Mukerian | 3 | 2 | | 7. District Kapurthala | | 73. | Bholath | 2 | 1 | | 74. | Dhilwan | 2 | 1 | | 75. | Kapurthala | 4 | 3 | | 76. | Phagwara | 4 | 5 | | 77. | Sultanpur Lodhi | 3 | 2 | | 8. District Jalandhar | | 78. | Adampur Doaba | 2 | 2 | | 79. | Banga | 3 | 2 | | 80. | Goraya | 2 | 1 | | 81. | Jalandhar City | 8 | 6 | | 82. | Jalandhar Cantt. | 2 | 3 | | 83. | Lohian Khas | 2 | 1 | | 84. | Nakodar | 4 | 4 | | 85. | Nawanshahar | 7 | 2 | | 86. | nurmahal | 1 | 1 | | 87. | Phillaur | 2 | 2 | | 88. | Shahkoot | 2 | 2 | | 89. | Bhogpur | 2 | 1 | | 90. | Bilga | 2 | 2 | | 9. District Ludhiana | | 91. | Samrala | 2 | 3 | | 92. | Ludhiana | 3 | 5 | | 93. | Khamanon | 2 | 1 | | 94. | Khanna | 6 | 5 | | 95. | Jagraon | 4 | 3 | | 96. | Mullanpur | 4 | 2 | | 97. | Raikot | 4 | 1 | | 98. | Machhiwara | 1 | 3 | | 99. | Sahnewal | 2 | 3 | | 100. | Maloud | 2 | 3 | | 101. | Doraha | 3 | 3 | | 102. | Sidhwan Bet | 2 | 1 | | 103. | Quila Raipur | 2 | 2 | | 104. | Hathur | 3 | 2 | | 10. District Patiala | | 105. | Patiala | 9 | | | 106. | Nabha | 6 | 2 | | 107. | Samana | 5 | 4 | | 108. | Patran | 4 | 2 | | 109. | Sirhind | 5 | 3 | | 110. | Amloh | 3 | 2 | | 111. | Rajpura | 2 | 2 | | 112. | Bassi Pathana | 2 | 2 | | 113. | Banur | 3 | 1 | | 114. | Dera bassi | 2 | 2 | | 115. | Ghanaur | 5 | | | 116. | Lalru | 2 | 1 | | 117. | Bhadson | 3 | 2 | | 118. | Dudhan Sadhan | 3 | 1 | | 119. | Dakal | 3 | | | 11. District Ropar | | 120. | Anandpur Sahib | 3 | 1 | | 121. | Chamkaur Sahib | 2 | 2 | | 122. | Kharar | 4 | 1 | | 123. | Kurali | 4 | 2 | | 124. | Morinda | 2 | 2 | | 125. | Ropar | 5 | 2 | | 12. District Sangrur | | 126. | Barnala | 3 | 1 | | 127. | Ahemadgarh | 4 | 3 | | 128. | Sangrur | 3 | 2 | | 129. | Malerkotla | 5 | 2 | | 130. | Tapa | 1 | 1 | | 131. | Lehragaga | 2 | 2 | | 132. | Khanauri | 3 | 1 | | 133. | Sunam | 5 | 4 | | 134. | Mahal Kalan | 2 | 1 | | 135. | Sulargarat | 2 | 2 | | 136. | Dhanuala | 1 | 1 | | 137. | Amargarh | 2 | 2 | | 138. | Bhawanigarh | 4 | 3 | | 139. | Dhuri | 5 | 1 | | 140. | Sherpur | 2 | 1 | | 141. | Bhadaur | 3 | 3 | | 142. | Cheema | 2 | 2 | Appendix 'B' [See rule 8] | | | | | | --- | --- | --- | --- | | Sr. No. | Designation of the post | Method of appointment | Qualifications for appointment | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | By direct appointment | By promotion | By transfer | | 1 | 2 | 3 | 4 | 5 | 6 | | 1. | Peon | .. By direct appointment | Should have passed the Middle Standard Examination with Punjabi as elective subject | | | | 2. | Chowkidar | By direct appointment | Should possess knowledge of reading and writing Punjabi | | | Appendix 'C' | | | | | | --- | --- | --- | --- | | Sr. No. | Designation of post | Nature of penalty | Qualification for appointment | | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | By Authority empowered to impose penalty appointment | First appellate authority | Second appellate authority | | 1 | 2 | 3 | 4 | 5 | 6 | | 1. | Peon | Minor Penalties | Committee | District Mandi Officer | Secretary of the Board | | (i) Censure ; | | (ii) withholding of the promotions ; | | 2. | Chowkidar | (iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Committee by negligence or breach or orders ; | | | | | | | (iv) withholding of increments Major Penalties | | | | | | | (v) reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the employee will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay ; | | | | | | | (vi) reduction to a lower time scale of pay, grade, post or Service which shall ordinarily be a bar to the promotion of the employee to the time scale of pay, grade, post or Service from which he was reduced, with or without further directions regarding conditions of restoration to the grade or post of Service from which the employee was reduced and his seniority and pay on such restoration to that grade, post or Service ; | | | | | | | (viii) removal from service which shall ordinarily be a disqualification for future employment | | | |

65b92feeab84c7eca86e88a8

acts

State of Odisha - Act ----------------------- Madhu Babu Pension Yojana Rules, 2008 --------------------------------------- ODISHA India Madhu Babu Pension Yojana Rules, 2008 ======================================= Rule MADHU-BABU-PENSION-YOJANA-RULES-2008 of 2008 --------------------------------------------------- * Published on 4 January 2008 * Commenced on 4 January 2008 Madhu Babu Pension Yojana Rules, 2008 Published vide Notification No. 11-1-SD-50/2007-WCD., Orissa Gazette Extraordinary No. 15 dated 4.1.2008 Government of Orissa Women & Child Development Department Resolution The State Government had through their Resolution No. 12066/Pen.-30-74/ F., dated 25th March, 1975 introduced a scheme tor grant of pension to the destitute elderly in the State to be effective from 1st April, 1975. The scheme has been restructured vide C.D. & R.R. Department Resolution No.-7448-III-SD-1/89-CD dated the 22nd July 1989 and being administered through the provisions contained in the Revised Old Age Pension Rules, 1989 and subsequent amendments made there to Another such pension scheme was introduced in the State to provide pension to the destitute disabled persons in the state vide C.D. & R.R. Department Resolution No.225-CD, dated the 25 January 1985 and being administered through the provisions contained in the Disability Pension Rules, 1985 and subsequent amendments thereto. ### 2. After careful consideration, the state Government, has been pleased to introduce "Madhu Babu Pension Yojana (MBPY) " to come into effect from 1st January 2008 by getting the above mentioned two pension schemes merged. The Madhu Babu Pension Yojana is to be administered in accordance with the provisions contained in the "Madhu Babu Pension Yojana Rules, 2008" and to come into effect in the state from 1st, January 2008 for a better and smooth implementation in view of its expanded coverage in the State. ### 3. The provisions of the Madhu Babu Pension Yojana Rules, 2008 are set forth as follows and are free for subsequent amendments as and when required. Part-I General Rules ### 1. These Rules may be called "Madhu Babu Pension Yojana Rules, 2008". ### 2. They shall be applicable throughout the State of Orissa. ### 3. They shall come into force from 1st January, 2008. ### 4. All the beneficiaries being covered under the State, Old Age Pension Scheme and Orissa Disability Pension Scheme in the State at present will be treated as beneficiaries under the Madhu Babu Pension Yojana from the date it comes into force. ### 5. The Rules shall apply to all eligible persons defined as such under Rule, 6. ### 6. Eligibility Criteria and Categories of MBP. - A person shall be eligible to pension under these Rules, if he/she- (a) (i) is of 60 years of age and above (OAP) (ii) or, is a widow (irrespective of age) (WP) (iii) or is a leprosy patient with visible signs of deformity (irrespective of age) (CLP) (iv) [ or is a person of 5 years of age or, above and unable to do normal work due to his/her deformity or disability being totally, blind or orthopaedically handicapped or hearing and speech impaired or mentally retarded or, with cerebral palsy (Disability Pension).] [Substituted vide Orissa Gazette Extraordinary No. 2187 dated 29.11.2008.] (v) or, a widow of AIDS patient (irrespective of age and income criteria mentioned under Rule 6(b), (WP-AIDS) (vi) or, an AIDS patient identified by the Orissa State AIDS Control Society (irrespective of income as under Rule 6 (b), (DP-AIDS) (b) has family income from all sources not exceeding Rs.12,000/- per annum (Tahasildar concerned to certify) (c) is a permanent resident/domicile of Orissa. (d) has not been convicted of any criminal offence involving moral turpitude. (e) is not in receipt of any other pension from the union Government or the State government or any organization aided by either Government. Explanation : Where both husband and wife are covered under the above definition, each of them will be eligible for such pension. ### 7. The amount of pension payable to each pensioner under the scheme shall be of such amount as may be decided by Government from time to time, the present rate of pension being Rs.200.00 per month per beneficiary. ### 8. Disbursement. (a) The pension dues to each beneficiary will be disbursed and fresh applications collected in the presence of the elected personnel of that G.P./U.L.B. on the "Jana Seva Divas" i.e. the 15th of every month irrespective of it being a holiday at the concerned G.P. Head quarters in the rural areas and at the Municipality/N.A.C. office or, nearby school as may be suitable in the urban areas unless and other wise decided by the Government. (b) The amount of pension due will be disbursed to the beneficiaries in terms of Rs.100.00 denomination by the Block Development Officer or, any officer sub-ordinate to him in the rural areas and the D.S.W.O. or any officer sub-ordinate to him and the Executive Officer, ULB in the urban areas without any authority of Accountant General, Orissa. (c) In extreme hard cases when a beneficiary is found to be incapable to receive his/her pension dues at the specified place of disbursement, door step delivery of the pension dues shall be ensured within seven days. (d) Necessary arrangements must be made by the BDO at the places of disbursement for convenience of the beneficiaries especially during the summer and the rainy seasons. (e) The list of beneficiaries, the updated-list of waiting applicants in order of priority in respect of that particular Gram Panchayat/ U.L.B. and the Oriya version of the scheme Guidelines must De displayed at the place of disbursement for information of general public on the day of disbursement of pension. Application forms for Madhu Babu Pension shall be made available with the Gram Panchayat Offices also. (f) Adequate security arrangements must be ensured by the BDO concerned at the place of pension disbursement and during transportation of the total funds. ### 9. Application Procedure. (a) Application Form : Application in form MBPY-I may be obtained from the Office of the Block Development Officer of the Block or. the Executive Officer, Municipality/NAC, Gram Panchayat Head quarters free of cost. (b) Submission of application : Application in the prescribed form (MBPY-I) filled in correctly in triplicate along-with the documents mentioned below shall be submitted to the Block Development Officer in the rural areas or, to the Executive Officer of the N.A.C./ Municipality in the urban areas or, to the Officer disbursing the Pension at the disbursement place and obtain acknowledgement of receipt on the spot. The applications thus received will immediately be submitted to the Block Development Officer for entry in Register in Form-MBPY-II (Gram Panchayat-wise) maintained at the Block level in order of priority basing on the date and time of receipt of application at the either end. Such priority must be maintained in commencement of payment of pension to the beneficiary under MBPY. (i) Three identical attested copies of recent passport size photographs (for all categories of MBP). (ii) Certificate regarding total annual family income from the concerned Tahasildar (for all, except WP-AIDS/DP-AIDS). (iii) Proof of age in respect of the applicant (for OAP/DP categories). (iv) Disability Certificate issued by the competent authority with due mention of latest percentage of disability or, such for the applicants of pension due to disability (for DP category). (v) Medical Certificate regarding suffering from Leprosy and loss of limbs and being unable to do normal works from the competent authority/Medical Officer Local P.H.C./Hospital duly countersigned by the concerned-Block Development Officer/Tahasildar (for CLP). (vi) Recommendation from Orissa State AIDS Control Society (for DP-AIDS). (c) Verification of Application : On receipt of the application the B.D.O. of the Block will get it entered in the Register in Form-MBPY-II through the Social Educational Organizer. He shall then cause it to be enquired through the concerned Extension Officer of the Block who has been assigned with the concerned Gram Panchayat/Urban Body for supervision. In case of urban areas the assistance of the Executive Officer of the Municipality/N.A.C. may be taken by the Extension Officer for enquiry of the application. (d) Each Extension Officer, on receipt of the application from the B.D.O. will enquire in to the eligibility of the applicant in terms of Rule 6, scrutinize the documents enclosed thoroughly with personal contact with certifying-officer and record his findings on the body of the application in appropriate place and forward the same to the B.D.O. within a period of 15 days. (e) Proof of Age : The age of the applicant mentioned in the application is to be verified from dependable sources like : (i) Electoral Roll of the Gram Panchayat/N.A.C./Municipality. (ii) School Leaving Certificate. (iii) Birth Registration Certificate. (iv) If none of the above are available/dependable the age certificate from a Medical Officer not below the rank of an Assistant Surgeon of the nearest P.H.C./Hospital may be obtained. ### 10. After the applications are received from the Extension Officer, the Block Development Officer shall personally scrutinize the applications and recommend them to the Sub-Collector within a period of 15 days in order of priority for sanction. ### 11. The Sub-Collector shall maintain the Register in Form MBPY-III in order of priority of the applications as indicated by the B.D.O. Gram Panchayat-wise/Block-wise/N.A.C.-wise/Municipality-wise. ### 12. Sanction of Pension. - The Sub-Collector, on receipt of application shall get them examined as soon as possible but not exceeding a period of fifteen days. He may either sanction payment of pension or, reject the applications with clear mention of reasons of rejection or, seek clarification on any of the point in doubt. The Sub-Divisional Social Welfare Officer shall assist the Sub-Collector for timely disposal of the applications and maintenance of the Register in Form-MBPY-III. The sanction order in Form No.MBPY-IV shall be maintained by the Sub-Collector along with full particulars of the pensioner. The sanction orders are to be issued from the prescribed register of which the original to be sent to the B.D.O. concerned and the counterfoil to be kept for verification. ### 13. Applications sanctioned/rejected/clarification sought for by the Sub-Collector shall be returned to the Block Development Officer concerned who in turn shall also maintain Registers in Form No.MBPY-II (with attested photo copy pasted) and clarify the queries of the Sub-Collector and resubmit for sanction/rejection within seven days. ### 14. The Block Development Officer shall send a copy of the sanction order with the Photo Identity Card in Form MBPY-V as per Rule-15 or, the rejection order to the applicant within a week of the receipt of such order Under Certificate of Posting under intimation to the Executive officer concerned where necessary. Payment of pension in full shall commence from the first of the month following the month of sanction as per their priority in the Register in Form MBPY-II subject to accrual of vacant slots due to death of a pensioner or otherwise or,increase in targeted no. of beneficiaries in respect of that particular Grama Panchayat/Urban Local Body. ### 15. Photo Identity Card. - The B.D.O. shall prepare a Photo-Identity Card in the following Form (MBPY-V) for each of the pensioners duly filled in and laminated. Name of the Gram Panchayat/U.L.B.: Serial No. allotted : | | | | | --- | --- | --- | | (a) | Category of Madhu Babu Pension : OAP/WP/CLP/DP/WP-AIDS/ DP - AIDS | | | (b) | Name :................... | | | (c) | Address :................. | | | | Village :............... | | | | P.O. :................ | | | | G.P. :................ | Photo copy of Pensioner With signature & Seal of B.D.O. over lapping the Identity Card itself | | | Ward No. :............... | | | P.S. :......................... | | | P.I.N. :.............. | | | | Age :.................... | | | | Payment started from :................ | | | | | | --- | --- | | Signature of the Pensioner | Signature & Seal of B.D.O. | ### 16. Date of Death of Pensioner. - The Extension Officer/Executive Officer concerned shall report every case of death of beneficiary immediately after occurrence to the Block Development Officer and the Sub-Collector concerned. ### 17. Once an application has been rejected by the Sub-Collector, further review or consideration of the same shall lie with the Collector, either on his own information or, through an application. An order thus passed after review by the Collector shall be the final and there shall be no appeal against the same. ### 18. The amount of pension under the scheme sanctioned by the Government in Women and Child Development Department shall be disbursed every month to the pensioner by the Block Development Officer himself directly or, through officers sub-ordinate to him in the Rural Areas and by the District Social Welfare Officer through the Executive Officer of the Municipality/N.A.C. in the Urban Areas at such places as may be decided by the Collector/ Government. The Government may also decide any other agency or, mode of disbursement from time to time. ### 19. Annual Verification. - The Block Development Officer/District Social Welfare Officer/Executive officer shall by himself or, through a nominee conduct an annual verification of pensioners to ascertain that the pensioner is living and continues to fulfill all the conditions of eligibility. The verification shall ordinarily be conducted in the first week of April every year. If either as a result of such verification or, otherwise the Block Development Officer/District Social Welfare Officer is satisfied that the petitioner is no longer alive or has ceased to fulfill any of the conditions of eligibility, he shall immediately cancel the pension and make an entry to that effect in the Register of Pensioner in Red ink and forth-with communicate the same to the Sub-Collector for approval, for the purpose of cancellation, the Sub-Collector shall be the final authority. The Sub-Collector in turn shall stop payment to the deceased and order payment to a new beneficiary as per his/her priority against that vacant slot from the month following the death. ### 20. Change of address of the pensioner. - Any change of pensioners address which comes to the notice of the Block Development Officer/Executive Officer in course of annual verification or, otherwise shall forthwith be entered in the Register of Pensioners. In case a pensioner has moved outside the State, the payment of pension should be stopped forthwith. ### 21. The Pension under the scheme shall not be commutable. ### 22. Cease of pension. - The pension shall cease to be payable from the date of disbursement following death of the pensioner. ### 23. Collector as Final Authority. - The Collector shall be the supervisory authority in the district. He shall have powers to direct stoppage of payment of pension under the Scheme if in any case, it was sanctioned on mistaken ground or, if the conditions for grant of pension no longer exist or any irregularity was committed in sanction. ### 24. Withholding of pension. - Further good conduct is an implied condition for the grant of pension under the scheme. The Sub-Collector shall have the right of withholding or, withdrawing a pension if the pensioner is convicted of any criminal offence. ### 25. Legal heir after death of a pensioner. - In case of death of a pensioner, the outstanding amount, if any cannot be claimed by the legal heir of the deceased. ### 26. Absolute discretion of Government. - All pensions under the scheme are a matter of absolute discretion of the Government and may be refused or discontinued without giving any reason and shall not be subject to any question in the Court of law or, otherwise. Part-II Accounting Procedure ### 27. These Rules shall regulate the accounting procedure relating to the Madhu Babu Pension Yojana, 2008. ### 28. The Block Development Officer in respect of the Rural Areas and the District Social Welfare Officer of the district in respect of their jurisdiction in the Urban Local Bodies shall account for the allotment from the Government in Women and Child Development and maintain in the Register in Form MBPY-VI. ### 29. The allotment in respect of each Block and the Urban Local Bodies is to be communicated by the Government in Women and Child Development Department under intimation to the Collector and the Sub-Collector. ### 30. The expenditure shall be debited to the appropriate units under Demand No."36-2235-Social Security and Welfare-60-Other Social Security and Welfare Programme-102-Pension under Social Security Scheme-Madhu Babu Pension for destitute-voted". ### 31. The Block Development Officer and the District Social Welfare Officer as the case may be are declared as the Drawing and Disbursing Officers in respect of the Madhu Babu Pension to the destitute in respect of their jurisdiction. ### 32. The amount of pension sanctioned by the Women and Child Development Department shall be paid to the pensioners by the B.D.O./D.S.W.O. without any authority of A.G., Orissa in every month subject to the provision of Rule-18. The amount of pension due for a month be paid to the pensioner on the Jana Seva Divas during the same month. ### 33. The Sub-Collector shall review the monthly progress of expenditure regarding payment of pension to the pensioners in his/her Sub-Division and the Block Development Officers in his/her Block and submit the Monthly Progress Report to the D.S.W.O. in the district who in turn shall submit the Consolidated Report including the same in respect of the Urban Local Bodies in the Form-MBPY-VII to the State Government in Women and Child Development Department by 10th of the month following the moth of payment. ### 34. Proper watch and maintenance of accounts of the pensions which are returned to the office of the Block Development Officer or the District Social Welfare Officer as undisbursed shall be entered in the Register in Form-MBPY-VI. It should be seen that after making necessary entries, returned/ undisbursed pensions are refunded to the Treasury/Sub-Treasury under intimation to the D.S.W.O. concerned. At the year ending, the D.S.W.O. shall submit the consolidated Surrender Statement to the Government in Women and Child Development Department. In no case shall the amount be kept in the P.L. Account. Part-III Supervision of the Scheme ### 35. The women and Child Development Department shall be in charge of administration of the scheme. ### 36. The Collector may review the implementation of the scheme in any area of the district. The Collector shall further be competent to cause an inspection/periodical test check in any area of the district on any matter connected with the administration of the scheme by him self or by an officer nominated by him. The District Social Welfare Officer at the district level, Sub-Divisional Social Welfare Officer at the Sub-Division level and the Social Educational Organizer at the Block level should remain in charge of proper execution of the scheme and maintenance of the Records. ### 37. The Sub-Collector shall in respect of the Sub-Division have the powers of the Collector. When the Sub-Collector proceeds on leave or the post is lying vacant than the Collector shall have the sanctioning authority in case of the Madhu Babu Pension or he may authorize the A.D.M. to do the same. ### 38. The District Social Welfare Officers shall furnish Monthly Progress Reports on physical and Financial achievements under the Madhu Babu Pension Yojana in his/her district through the Form MBPY-VII to Collectors/ Government after getting the reports of the Block Development Officer consolidated with the reports in respect of the Urban Local Bodies on the date fixed and provisions made under Rule-33 in order to ensure proper implementation of the scheme. ### 39. Clarification and instruction by the Government. - Any difficulty in interpretation of any provision of these Rules or in Administrating the same, it shall be referred to the Government in the Women and Child Development Department for issue of appropriate instructions or clarifications. List of Priority of Applications for Madhu Babu Pension (Form MBPY-II) (To be maintained at the Office of the B.D.O.) | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name and Address of the Applicant | Male/ Female (M/F) | SC/ST/ Others/ Minority | Age | Category of Pension (OAP/ WP/CL Pi DP/WP-AIDS/DP-AIDS) | Date of Application/ Diary No. | Name of the Extension Officer allotted with Date | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | | 1 | | | | | | | | | 2 | | | | | | | | | 3 | | | | | | | | | 4 | | | | | | | | | 5 | | | | | | | | | 6 | | | | | | | | | 7 | | | | | | | | | 8 | | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Date of Submission of Enquiry Report | No./Date of Recommendation of B.D.O. to the Sub-Collector | No./ Date of Sanction of Pension/ Rejection/ Query by the Sub-Collector | Reasons of Rejection | No. of Identity Card provided to the pensioner | Month of commencement of Madhu Babu Pension | Date of death of the pensioner and month of ceasure of pension | Remarks of the B.D.O. | | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | List of Priority of Applications for Madhu Babu Pension (Form MBPY-III) (To be maintained in the office of Sub-Collector) Name of the Gram Panchayat/Municipality/N.A.C. | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name and Address of the Applicant | Male/ Female (M/F) | SC/ST/ Others/ Minority | Age | Category of Pension (OAP/WP/ CLP/DP/ WP-AIDS/ DP-AIDS) | No/Date of Recommendation of B.D.O. to the Sub-Collector | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | | | | | | | | 2 | | | | | | | | 3 | | | | | | | | 4 | | | | | | | | 5 | | | | | | | | 6 | | | | | | | | 7 | | | | | | | | 8 | | | | | | | | 9 | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | | No. and Date of Sanction of Pension by the Sub-Collector | Reasons of Rejection | L. No./ Date of communication to the B.D.O. | Month of commencement of pension | Date of cessation of pension due to death/ otherwise | Remarks of the Sub-Collector | | 8 | 9 | 10 | 11 | 12 | 13 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Sanction Format (Form MBPY-IV) Government of Orissa Office of the Sub-Collector:............... Date........ ### 1. Sanction is accorded to the grant of "Madhu Babu Pension" of Rs.200/- per month to Shri/Smt.....on account of Old Age/Widowhood/Widowhood due to death of husband in AIDS/Totally Blind/Othopaedically Handicapped/Mentally Retardedness/Cerebral Palsy/being an AIDS patient payable at ...... till life/or until cessation of any of the eligibility criteria as mentioned under Rule-6 of the "Madhu Babu Pension Yojana Guidelines, 2008" which ever is earlier. ### 2. The Charge is debitabie to Demand No.36-2235-Social Security and Welfare-60-Other Social Security and Welfare Programme-102-Pension under Social Security Scheme-Madhu Babu Pension for destitute-voted". ### 3. Format of Sanction order | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of the Person | Permanent Address, Vill./ ULB, P.O., G.P., Block, District | Case Record No. | Category of Madhu Babu Pension Sanctioned | Serial Number | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | | | | | OPA/WP/CLP/DP/WP-AIDS/DP-AIDS | | | | | | | | OAP/WP/CLP/DP/WP-AIDS/DP-AIDS | | | Sub-Collector Memo No ............./dated.......... Copy forwarded to the Block Development Officer for information and necessary action. Sub-Collector Allotment and Drawal Register (Form MBPY-VI) (To be maintained in the Office of the B.D.O./D.S.W.O.) | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Financial Year | Total Allotments made by the W&C.D. Department previously during the current Year | Amount now Allotted by the W & C.D. Department | Cumulative total of the amount allotted by W&C.D. Department in the current year | Months of payment upto which allotment placed | | 1 | 2 | 3 | 4 | 5 | 6 | | 1 | | | | | | | 2 | | | | | | | 3 | | | | | | | 4 | | | | | | | 5 | | | | | | | 6 | | | | | | | 7 | | | | | | | 8 | | | | | | | 9 | | | | | | | 10 | | | | | | | 11 | | | | | | | 12 | | | | | | | | | | | | | --- | --- | --- | --- | --- | | G.O. No. & Date of Allotment | Amount Drawn | TV No. and date of Drawal of the amount | Amount surrendered | Letter No. and date of intimation with reasons of surrender to the D.S.W.O. by the B.D.O./to W&C.D. Department by DSWO | | 7 | 8 | 9 | 10 | 11 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | MBPY-VII (Monthly Progress Report) District Month : | | | | | | | --- | --- | --- | --- | --- | | Sl. No. | Name of the Blocks/Urban Local Bodies | Total receipt of funds from Government during the Fin. Year | Financial Achievement | Physical Achievement | | Cumulative amount disbursed upto end of the last month | Amount disbursed during the current month | Total Amount disbursed during the current Fin. Year (Col. 4 = 5) | Balance amount of funds (Col. 3-6) | Total Target | Total Coverage | No. of Pending Applications | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | | | 1 | | | | | | | | | | | 2 | | | | | | | | | | | 3 | | | | | | | | | | | 4 | | | | | | | | | | | 5 | | | | | | | | | | | ... | | | | | | | | | | | … | | | | | | | | | | | ... | | | | | | | | | | | ... | | | | | | | | | | Category of Coverage of Beneficiaries under MBPY | | | --- | | {| | | Sl. No. | Category of Madhu Babu Pension Yojana | Male | Female | Total | | 1 | 2 | 3 | 4 | 5 | | 1 | Old Age Pension | | | | | 2 | Widow' Pension | | | | | 3 | Widow Pension (AIDS) | | | | | 4 | Cured Leprosy Patient | | | | | 5 | Disability Pension | | | | | 6 | Disability Pension (AIDS) | | | | | | Total | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Category of Madhu Babu Pension Yojana | SC | ST | General | Minority | Total | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 | Old Age Pension | | | | | | | 2 | Widow Pension | | | | | | | 3 | Widow Pension (AIDS) | | | | | | | 4 | Cured Leprosy Patient | | | | | | | 5 | Disability Pension | | | | | | | 6 | Disability Pension (AIDS) | | | | | | | | Total | | | | | | |} Index of Forms | | | | | | | --- | --- | --- | --- | --- | | Sl. No. | Form No. | To be maintained by | Reference to Rules | Purpose | | 1 | MBPY-I | Applicant | Rule 9 | Application Form | | 2 | MBPY-II | B.D.O. | Rule 9(b) | Priority list of applications | | 3 | MBPY-III | Sub-Collector | Rule 12 | Priority of applications | | 4 | MBPY-IV | Sub-Collector | Rule 12(a) | Sanction order format | | 5 | MBPY-V | B.D.O. | Rule 14 & 15 | Identity Card | | 6 | MBPY-VI | B.D.O./DSWO | Rule 28 | Allotment & Drawal Register | | 7 | MBPY-VII | B.D.O./DSWO | Rule 33 & 38 | Monthly Progress Report |

65bad972ab84c7eca86ec992

acts

State of Jharkhand - Act -------------------------- Civil Court Rules of the High Court of Judicature at Patna ------------------------------------------------------------ JHARKHAND India Civil Court Rules of the High Court of Judicature at Patna ============================================================ Rule CIVIL-COURT-RULES-OF-THE-HIGH-COURT-OF-JUDICATURE-AT-PATNA of 1965 ------------------------------------------------------------------------- * Published on 8 December 1965 * Commenced on 8 December 1965 Civil Court Rules of the High Court of Judicature at Patna Preliminary [Nothing in the Civil Court Rules will interfere with the general powers of supervision of the District Judge over the courts and officers subordinate to him. [G. L. 5/62]] ### 1. All Courts shall ordinarily sit at 10.30 A.M. and rise at 4.30 P.M., standard time. It is expected that the Judges will so arrange the business of their Courts as to supply work for these hours. [G.L. 7/44, G.L. 1/46, G.L. 2/50.] Note 1. - Between 1st April and 30th June, the exact date being settled in consultation with the Heads of Offices in the station, the Courts may commence their sittings at 6 A.M., or as soon thereafter as convenient. When this arrangement is in force the Court expect that Judicial Officers will sit for at least five hours each day. However, if the local weather conditions so necessitate or for any other sufficient reason or cause the subordinate courts may sit in the morning at any time of the year with the prior approval of the High Court. Note 2. - Judges are at liberty to rise for half an hour or less at about 1.30 P.M. (or at about 8.30 A.M. in the case of morning sittings). ### 2. Every Civil Court shall maintain a Diary in the prescribed form. Each case fixed for any day shall be entered in advance immediately upon a date or adjourned date being fixed, and the entry as to each case shall show the purpose for which it is set down on each particular date, such as for final disposal at the first hearing, or for settlement of issues, or for trial after adjournment. The Diary will show briefly the progress made in each case, and when witnesses are examined in any case, the number of such witnesses shall be stated. A running total in red ink should be inserted from day to day, in order to show the total number of witnesses examined during each quarter of the year. A new serial number should be started at the commencement of each quarter. [G.L. 6/55] Note 1. - The above instructions are intended for strict observance, and the hours of the sitting and the rising of the Court must be regularly and carefully entered, in the case of any unusually short sitting on any day, a short note explaining the reason shall be given in the diary. Note 2. - When an officer has to perform Revenue or Criminal duties in addition to his work as a Civil Judicial Officer, he will, when at headquarters, note in the diary whether the day has been spent wholly or partly in the performance of any one class of such duties. The whole of the days spent by him on tour will be credited, in the non-Regulation districts, to Revenue alone. ### 3. A daily list of cases shall be posted in some conspicuous place in every Court-house for the information of the parties and their pleaders. The cases should, as far as possible, be arranged in the order in which they are likely to be taken up. Execution and Miscellaneous cases may be shown either in the same list or in a separate list. The list shall be prepared and posted on the preceding working day at 4.30 P.M., or in the case of morning sittings before 11 A.M. In the list the cases will be sufficiently described by their number, year and class. [H.C. tetter no. 11392,dated 15th Nov. 1957] Note. - Judgements ready for delivery should ordinarily be notified in the cause list for the day. ### 4. At the close of each day a list shall be prepared and posted up in the Court-house showing all cases for the hearing or adjourned hearing of which dates have been fixed during the day, and dates so fixed. [G.L. 5/46, G.L. 10/45, G.L. 8/49, H.C. letter no. 14401-16, dated 8th December 1965] Note 1. - The number of cases fixed for each day should be restricted to such number as, after making allowance for unavoidable postponements, the Court may reasonably expect to be in a position to deal with. Note 2. - Lists shall be prepared in the language of the Court and shall remain posted for seven working days after which they shall be filed in office for future reference, if necessary. At the end of every quarter the lists for the previous quarter will be destroyed. Note 3. - The daily list referred to in Rule 3 will be used at the end of the day as the list referred to in Rule 4. Note 4. - The list shall be signed by the Presiding Judge and exhibited before he leaves the Court. ### 5. Without the consent of the parties and in the absence of 'urgent necessity no Civil trial should proceed on Sundays or holidays gazetted under Section 15 (2) of Act XII of 1887. ### 6. The Government of Bihar have declared the following as Court language in the State of [Bihar] [This may now be read as 'Jharkhand'.] in supersession of all previous notifications and Orders on the subject :- "Hindi" to be written in "Devanagri" character : [\* \* \* \*] [Deleted by C.S. No. 32, dated 11.8.1972.] ### 7. With the permission of the Presiding Judge any Advocate or Pleader may address the Court in English when any of the pleaders on the opposite side is acquainted with that language or whenever the senior or such pleaders or his client consents to this being done. ### 8. Plaints may be presented any time during the Court hours. [G.L. 1/36, G.L. 4/62] ### 9. Petitions, applications, etc., should always be taken in open Courts, and usually at the commencement of the daily sitting of the Court. The majority of petitions can be disposed of by an order passed in Court as soon as they are filed. Where a reference to the record or to other papers is necessary before an order can be made, petitions should, unless they are of an exceptionally urgent nature, be brought up with such record or papers on the following open day and orders should then be passed in Court. Note. - The District Judge shall fix for his Court and for all Court subordinate to him a time for the presentation of such applications, petitions, etc., as can be presented to the Presiding Officer only. [G.L. 4/62] ### 10. No documents or proceedings required to be presented to or filed in Court, which is sent by post or telegraph, shall be received or filed in Court. [G.L. 12/65] ### 11. The administrative work connected with Civil Courts will be carried on in the office, which will be divided into Departments, and each such Department will be in charge of a Judicial Officer. ### 12. The Regular Seal of the Court shall be placed in custody of a responsible officer of the Court and documents required to be sealed with it should be sealed under his superintendence. Similar precautions shall be taken with respect to the Date Seal, which is affixed to all documents and papers on their presentation to Court. The Regular Seal is to be used .for sealing judgements, decrees, writs, processes, sale-certificates, copies or other documents made or issued judicially. [G.L. 2/27, G.L. 6/61] The Date Seal shall be affixed to all documents and papers presented to Court in such a way as to show clearly the date on which they were presented. If any court-fee labels appear on them, the Date Seal shall be affixed a second time in such a way as to deface the court-fee labels. Part I – General Rules relating to Practice and Procedure ----------------------------------------------------------- Chapter I Pleadings, petitions and affidavits -------------------------------------------------- ### 13. Parties should file pleadings, petitions, applications and affidavits in the language of the Court as far as practicable, or in English and type-written, if possible. ### 14. Every pleading, petition, affidavit or application filed in Court shall be- (1) type-written or written on foolscap water-marked plain demi-paper, one side of the paper only being used and a quarter margin together with at least one inch of space at the top and bottom of each sheet being allowed; Note. - The paper indicated is that generally known as "pie" or "cartridge" paper and is sold by all stamp-vendors. (2) couched in proper language; (3) dated, and signed by the person presenting it and also, where necessary, by such other person as may by law be required to sign such pleading, petition, affidavit or application; (4) signed by the scribe or typist, who shall state the capacity in which he writes it. Note 1. - This rule shall apply as far as possible to vakalatnamas, mukhtar-namas, process-fee sheets and similar other papers. Note 2. - A Mukhtar is not permitted to sign pleadings. When a plaint or written statement is presented or tendered by a Mukhtar an endorsement shall be made thereon by the officer of the Court receiving it in the following terms :- "Presented by A. B., Mukhtar." The endorsement shall be signed by such officer and the Mukhtar. ### 15. When the person presenting a pleading, affidavit, petition or application is not a pleader or a Mukhtar, he shall, if so required by the Court, be identified. In the case of an illiterate person his thumb impression shall be affixed in place of the signature required in this connection. ### 16. Every petition or pleading shall state concisely and clearly- (1) the facts, matters and circumstances upon which the applicant relies; (2) the matter of complaint, if any, and the relief sought or prayer made. ### 17. Every interlineation, alteration or erasure in a petition or pleading shall be authenticated by the initials of the pleader, or recognised agent of the party by whom it is presented. In the case of an affidavit such authentication shall be made by the initials of the Commissioner. ### 18. On every interlocutory application or petition filed in a suit valued at less than Rs. 50 the parties shall note the valuation to 'enable a proper check to be made of the Court-fee paid. ### 19. Applications in regard to distinct subject-matters shall be made in separate petitions. ### 20. Petitions requiring verification shall be verified in the manner prescribed in Order VI, Rule 15, Civil Procedure Code. ### 21. In contested original suits no written statement, application or list of documents shall be filed unless copies thereof have been previously served on the pleader for each set of parties whose interests are not joint. Pleaders served with such copies shall give receipts on the original written statements, applications or lists. Note. - The above rule shall apply mutatis mutandis to all contested execution proceedings and miscellaneous judicial cases. ### 22. An order appointing an officer to receive plaints under Order IV, Rule 1 of the Code of Civil Procedure must be in writing. [G.L. 12/26, G.L.1/18] ### 23. All. plaints and petitions required to be entered in any register must be registered on presentation irrespective of any question as to their possible rejection or of their having to be returned for amendment. [G.L. 2/25, G.L. 6/29] ### 24. No plaint shall ordinarily remain unregistered for more than one day but should it be found impossible for any reason to register a plaint within 24 hours of its receipt, the fact shall be reported to the Presiding Officer of the Court concerned. ### 25. A list of the plaints filed each day shall be posted the same day in the prescribed form in the language of the Court at some conspicuous place in the Court-house for the information of the plaintiffs and their pleaders. It shall be signed by the Presiding Officer and exhibited as early as possible and in all circumstances before he leaves the Court. When a large number of rent suits is instituted at one time special arrangements shall be made so that the information may be supplied as quickly as possible, and previous notice shall be given to the Bar and the public of such modifications of the ordinary procedure as may be necessary on these occasions. The list shall be affixed one above the other in the form of a guard file. They shall remain posted for one week. The lists for a quarter shall be destroyed at the end of the succeeding quarter. Note. - The above procedure will apply mutatis mutandis to memoranda of appeals, but the District Judge shall decide whether the list of memoranda of appeals shall be in the vernacular or in English. ### 26. All Sarishtadars shall be ex officio Commissioners of affidavits in respect of matters and causes arising within and subject to the jurisdiction of the respective Courts in which they are employed. ### 27. All Nazirs shall be Commissioners of affidavits when such affidavits relate to service of processes and sworn to by process servers under them. ### 28. District Judges should be careful to satisfy themselves that persons whom, in the exercise of the power vested in them under clause (c) of section 139 of the Code of Civil Procedure, they propose to appoint to be Commissioners to administer oaths on affidavits, are trustworthy and capable of discharging that function with efficiency. ### 29. Every affidavit to be used in a Court of Justice shall be entitled "In the Court of...................................... ................................at................" naming such Court. ### 30. If there be a cause in Court, the affidavit in support of, or in opposition to, an application respecting it must also be entitled in the cause. ### 31. If there be no cause in Court, the affidavit shall be entitled "In the matter of the petition of". ### 32. Every affidavit containing any statement of facts shall be divided into paragraphs, and every paragraph shall be numbered consecutively and, as nearly as may be, shall be confined to a distinct portion of the subject. ### 33. Every person, other than a plaintiff or defendant in a suit in which the application is made, making any affidavit, shall be described in such a manner as will serve to identify him clearly, that is to say, by the statement of his full name, the name of his father, his profession to trade, and the place of his residence. ### 34. When the deponent in any affidavit speaks to any fact within his own knowledge, he must do so directly and positively, using the words "I affirm" (or "make oath") "and say". ### 35. When the particular fact is not within the deponent's own knowledge, but is stated from information obtained from others, the deponent must use the expression "I am informed" (and, if such be the case, should add) "and verify believe it to be true", or he may state the source from which he received such information. When the statement rests on facts disclosed. in documents or copies of documents procured from any Court of Justice or other source, the deponent shall state what is the source from which they were procured, and his information, or belief, as to the truth of the facts disclosed in such documents. ### 36. Every person making an affidavit, if not personally known to the Commissioner, shall be identified to the Commissioner by some person known to him, and the Commissioner shall specify at the foot of the petition, or of the affidavit (as the case may be), the name and description of him by whom the identification is made, as well as the time and place of identification, and of the making of the affidavit. [G.L. 3/53] ### 37. If any person making an affidavit shall be ignorant of the language in which it is written, or shall appear to the Commissioner to be illiterate, or not fully to understand the contents of the affidavit, the Commissioner shall cause the affidavit to be read and explained to him in a language which both he and the Commissioner understand, either doing so himself, or causing another person to do so in his presence. When any affidavit is read and explained as herein provided, the Commissioner shall certify in writing at the foot of the Affidavit that it has been so read or explained, and that the deponent seemed perfectly to understand the same at the time of making the affidavit. ### 38. In administering oaths and affirmations to deponents, the Commissioner shall be guided by the provisions of the Indian Oaths Act, (Act X of 1873). Christian deponents shall be sworn on the New Testament. The following forms are to be used:- Oath I swear that this my declaration is true, that it conceals nothing, and that no part of it is false. So help me God. Affirmation I solemnly declare that this my declaration is true, that it conceals nothing and that no part of it is false. ### 39. In all suits and appeals, evidence should, as a general rule, "be taken orally in open Court in the presence, and under the personal direction and superintendence of the Judge" (Order XVIII, Rule 4). The power to order that any particular fact or facts may be proved by affidavit, or that the affidavit of any witness may be read at the hearing, should be exercised only under special circumstances, or as Order XIX, Rule 1, declares, "for sufficient reason", which should always be specified in the order. General orders cannot therefore be given for the admission of affidavits in suits or appeals; where any such orders have been given, they should be withdrawn. ### 40. The Court should be careful to enforce Order XIX, Rule 3, and except in interlocutory applications (see Order XIX, Rule 2), to confine the use of affidavits to such facts as the deponent is able to prove of his own knowledge and to refuse statements founded on mere belief. ### 41. In determining how the costs of affidavits should be borne by the parties to the suit, a Court should have special regard to the circumstances under which they were admitted. When an affidavit has been allowed for the convenience of one of the parties, or of one of his witnesses, the costs so incurred should not form costs in the suit and be charged against the opposite party. Chapter II ------------ [G.L 6/53] Processes and process-servers I. Processes A. General ### 42. In every process and order (of whatever description) issued by a Judicial Officer, for whatever purpose it may be issued or made, the name of the district and of the Court from which the same is issued, and also the name and powers of the officer issuing or making it, shall be clearly set out in such a manner that they may be easily read. ### 43. (a) Processes should ordinarily issue in the language of the Court; but processes sent for service at any place where the language is different from that of the Court issuing them should be accompanied by a translation in the language of such place or in English certified to be correct. [G.L. 1/2.1, G.L. 12/55] (b) Processes in English should be issued to Europeans and Anglo-Indians. ### 44. Every person on whom a process is to be served or executed shall be described therein in such a manner as to identify him clearly, by a statement of his correct name and address and such further description as will serve to identify him. [G. L. 4/54] Note. - In the case of service or execution of processes to be effected in large towns, the name of the street or section and the number of the house, where possible, should be given. Where addresses for service were filed by the opposite parties in the lower court, notices and processes shall issue from the appellate court to such addresses, vide Order 41, rule 38, Code of Civil Procedure. ### 45. (1) With every plaint and every application for the issue of process, parties shall file the necessary number of printed forms of the same"duly filled up in bold, clear and easily legible writing leaving the date of appearance and the date of the process blank. On application such forms will be supplied free of charge. (2) The parties or their pleaders shall sign the forms in the left bottom corner and will be held responsible for the accuracy of the information entered therein. (3) When orders for the issue of process are passed by the Court, the date fixed for appearance will be inserted in the form and the process will be dated by an officer of the Court before the processes are signed. (4) The Presiding Officer may, in his discretion, direct in any particular case that the forms of processes be entirely filled up in the office of the Court. ### 46. If service in sufficient time before the date fixed is impracticable, the process is to be returned to the issuing Court with reasons and thereupon a fresh date may be fixed. ### 47. A summons issued under Order V, Rule 21, shall ordinarily be sent to the Court of the Munsif within whose jurisdiction the defendant of the witness, as the case may be, resides, with a covering letter or an endorsement signed by the Presiding Officer. Note. - Summons and notices issued by Superior Courts for service within the jurisdiction of outlying Munsifs of the same district shall be forwarded to the Court of the Munsif concerned and not ordinarily served by a peon from Sadar. This procedure is to be followed also in the case of notices received from the High Court. B. Method and Proof of Service ### 48. Service should be personal wherever practicable and the Courts ought not in ex parte cases to act upon anything short of personal service until they are satisfied that personal service could not reasonably be effected. ### 49. When a summons or notice is served personally, the service and the signature or thumb-impression of the person served on the back of the summons or notice should be proved and, in the case of a defendant or judgement-debtor his identity should also be proved. ### 50. If the service is made under Order V, Rule 12, of the Code, on an agent, it should be proved that such agent was empowered to accept service, either by reason of his being one of the class of recognised agents described in Order III, Rule 2; Order XXVII, Rule 2, or section 85(1) , or by virtue of appointment for that purpose in writing. The party causing the service to be effected must, in both the last mentioned cases, furnish the necessary proof to this effect. [G.L. 1/50] ### 51. Where service is made under Order V, Rules 14, 15, 17 or 2 the necessary particulars must be strictly proved. In the case of such service it must also be proved that a reasonable attempt was made to find out the person to be served. Where service is made under Order V, Rule 20, it should, in addition to the particulars required by law, be proved how long and until what time the defendant or respondent resided in the house and what has become of him. ### 52. If the service is made under Order XXIX, Rule 2, it should be proved that the summons or notice was left at the registered office of the Company or was delivered to any Director, Secretary or other principal officer. ### 53. In the case of Railway Administrations or Companies in addition to service in the usual way, a copy of the summons should be sent by post under Order XXIX, Rule 2(b) ; provided that if the summons is sent by registered post, service in the usual way may be dispensed with. [G.L. 6/16, G.L. 1/24] ### 54. If the service is made under Order XXX, Rule 3, clause (b) , it should be proved that the person on whom the summons was served has at the time of service the control or management of the partnership business. [G.L. 14/49] ### 55. If the summons or notice, when tendered, is declined by the defendant or his agent, or a male member of his family, besides the proof required as to identity, etc., as stated above, it should be proved that the party was informed that the document tendered was summons or notice, and that he was made acquainted with the nature and contents thereof. [G.L. 2/31] ### 56. The proof required under the preceding rules 49, 51 and 55 shall in the following cases ordinarily be- (1) in the case of a respondent, the affidavit of the person by whom the service was effected; (2) in the case of a defendant or judgement-debtor, the affidavit of the person by whom the service was effected, and in addition at least one of the following:- (a) the affidavit of an identifier provided by the plaintiff or decree-holder and present at the service; (b) verification in the form printed upon the back of the process and made, at the scene of the service, by a local villager, Chaukidar, Dafadar, Mukhia or Sarpanch present thereat; (c) [ Proof referred to in Order V, Rule 19A (2), C.P.C.:] [Substituted by C.S. no. 54, dated 27.12.1979.] Provided that if deemed necessary the court may require the examination upon oath or affirmation-of such person or persons as it may think fit: [Provided further that in the case of service upon any adult member of the family, whether male or female, residing with the defendant or respondent or Judgement-debtor or opposite party (as the case may be), the affidavit of the person by whom service was effected shall contain a statement that the adult member of the family receiving or taking the notice was residing with the defendant or the respondent or the judgement-debtor or the opposite party at the time of the service and that he was satisfied that the person upon whom service was effected was not a servant but a member of the family:] [Inserted by C.S. no. 75, dated 1.5.1985.] Provided further, that in rent suits and execution cases arising therefrom and in case of pleaders appointed as guardians ad litem Government Pleaders in suit against Government and Public Officers, service of summons or notice should be accepted as sufficient upon the peon's affidavit alone, if the peon certifies that he has served the summons or notice in the presence of two witnesses (names and addresses of the witnesses are to be given). ### 57. As there is no legal obligation upon a plaintiff, decree-holder or appellant to supply an identifier for service of process or notice, process-servers must not return unserved any notice, process or summons tendered to them for service, by reason only of the fact that no identifier has been supplied by the party. They must make every possible endeavour to find out the person to be served and to secure the verification referred to in rule 56 (2) (b) above, making for that purpose careful enquiries in the locality. The Nazir should personally deal with all cases in which the process-server reports that he could not find the person upon whom service was to be made, and when necessary he should bring the matter to the notice of the Judge-in-Charge of the department. ### 58. When the summons which has been served is the summons of another Court transmitted to the serving Court for the purpose of service only, then, upon service being effected, this latter Court should retransmit the summons to the Court by which it was issued together with (1) the Nazir's return and the affidavits, verified statements, or depositions of the serving officer and the witnesses relative to the facts of the service, (2) the record of such Court's proceedings with regard thereto (Order V, Rule 23), and (3) in case where any of these documents is in a language different from that of the district from which the process issued, an English translation of such document certified to be correct. C. Additional Rules relating to the Service of Notice of Appeal issued by the High Court ### 59. On receipt of the proceeding of the High Court transmitting notices of appeals, the Lower Court, shall cause service of the notice without the payment of any further fee and without any further action by the appellant. Proviso 1. - Any additional fees for boat-hire or ferry-toll exigible under rule 405 of the Rules framed under clause (i) of Section 20 of the Court-Fees Act, VII of 1870, shall be deposited by the appellant in the Court serving the notices. Proviso 2. - The appellant or some one employed by him may accompany the serving officer for the purpose of pointing out the residence of the respondent. ### 60. The Lower Court shall issue all notices received for service immediately on receipt thereof. ### 61. In every case the Lower Court shall satisfy itself that a valid service has been made or that there has been a failure of service and shall certify such opinion to High Court with reasons in case of failure. This certificate may be endorsed on the process and it shall be accompanied by the return of service or of failure to serve the notice and the affidavit or solemn declaration of the serving officer. [G.L 8/16] ### 62. Where a notice is sent for service by the Lower Court to another Court whether within the same district or in a different district, such latter Court-shall make its return of service or of the failure of service (as the case may be) direct to the High Court and shall be guided by rules 59, 60 and 61 above. D. Summons on Persons in Civil and Military Employ of Government, etc. ### 63. When a summons is issued on a person who is in Civil or Military employ of Government or is a servant of a Railway Administration or Company or Local Authority a reasonably time should be allowed for the making of arrangements for the relief of the person summoned. E. Production of Public Document and Records ### 64. All Subordinate Courts should take special care to prevent the unnecessary production in Court of public documents as defined in Section 74 of the Evidence Act. When an officer objects to the production of any documents stating the grounds of such objection it will be the duty of the Court to consider and decide if it should compel the production of such documents. [G.L. 19/55] ### 65. [ [Substituted by C.S. no. 507 dated 27.8.1974.] Whenever any document or documents, which are required to be produced in a case are in the custody of the House of the People/Council of States/State Legislatures or whenever a witness whose presence is required in a case, for being examined, is an officer in the Secretariat of the House of the People/Council of States/State Legislatures or any duly informed officer of the Secretariat of the House of the People/Council of States/State Legislatures a letter of request in Form No. (M) 8-A shall be issued instead of a summons in the ordinary form.] ### 66. [\* \* \* \*] [Deleted by C.S. no. 507 dated 27.8.1974.] ### 67. A summons for the production of any of the records of a post office or a certified extract from or copy of any of such records shall be addressed to the Postmaster. Note. - For instructions issued by the Director-General of Post Offices see rules 739-742, pages 217-218, Post Office Manual, Volume II. II. Process-Servers and Nazarat A. Process-Serving Establishment ### 68. There shall be a joint process-serving establishment for all Courts at the same station under the direct control of the Nazir, who will be responsible for proper service of processes made over to him for the purpose. The Nazir and all his staff shall also be subordinate to any such Court issuing a process for the purpose of execution of that particular process and shall place themselves under the orders of the Presiding Officer in that regard. A register of process-serving peons shall be maintained in the following form [G.L. 1/59, G.L. 16/62]:- Register of process-serving peons. [G.L. 6/49] | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Serial number. | Name of peon. | Date of birth. | Place of abode. | Father's name. | Date of appointment. | Signature of Judge incharge. | Remarks. | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | | | | | | | | | | Note. - The dates of security bonds for peons and the names of sureties should always be noted in the 'Remarks' column, and the Nazir should test the entries once in two years and note the result with the date in the same column of the register. If the Security bond is invalid, the Nazir should bring the fact to the notice of the Judge-in-charge, Nazarat, for the execution of a fresh bond. ### 69. The peons employed in the service or execution of process in civil courts will draw pay in the scale of [Rs. 70-½-80. [G.L. 4/55, G. L. 1/56] [Refer to 4th P.R.C. for existing pay scales.] ### 70. The Judge of every district shall ascertain after every five years the average number of original process issued from his own Court and from each of the Courts subordinate thereto during the immediately preceding 5 years and fix the number of process servers to be employed, each peon being for this purpose considered capable of executing during the year the number of original processes given in the following table [G.L. 4/2.9, G.L. 11/29]:- | | | | | --- | --- | --- | | District of Munsif | Summonses and notices issued by all courts and other processes issued by Munsifs except in cases valued at over Rs. 2,000. | Processes other than those mentioned in column 2. | | 1 | 2 | 3 | | Patna | 500 | 225 | | Gaya | 550 | 250 | | Shahabad | 550 | 250 | | Saran | Chapra Sadar | 650 | 300 | | Siwan and Gopalganj | 700 | 300 | | Champaran | 600 | 275 | | Muzaffarpur | 600 | 275 | | Darbhanga | 550 | 250 | | Monghyr | Monghyr Sadar | 650 | 300 | | Begusarai | 700 | 300 | | Jamui | 600 | 275 | | Bhagalpur | 500 | 225 | | Santhal Parganas | 400 | 225 | | Purnea | 500 | 225 | | Chota Nagpur | 400 | 225 | | Hazaribagh | 400 | 225 | | Manbhum Singhbhum | Manbhum | 500 | 225 | | Singhbhum | 500 | 225 | Note 1. - For the purpose of this rule all copies of a process served in one village in one case by a process-server at one and the same visit shall be reckoned as one original process; while copies served in the same village on separate visits or in different villages shall be reckoned as so many original processes as the number of different villages or separate visits to the same village. Note 2. - Where a summons or notice is served by a peon at Sadar within the jurisdiction of an outlying Munsif under the special order of the Court it will be treated as belonging to the class mentioned in column 3. Note 3. - Processes served by special peons as in the case of warrants of arrest, etc., should be reckoned as service of 3 original processes. See rule 81 post. Note 4. - Each day on which a peon is occupied in keeping custody of attached movable property, standing crops or of a person under arrest, in attending on Commissioners deputed to deliver possession or in taking records, letters, etc. from one station to another, should be reckoned as service of 3 original processes of the class specified in column 2. ### 71. The District Judge may authorize the appointment of such total number of peons for the whole district as may' suffice for the execution of all the processes issued for service within it and may from time to time apportion such peons among different stations in such manner as may appear necessary. ### 72. On the examination of the figures in the manner as in rule 70 the District Judge shall increase or reduce, the number of peons according as the number of processes has increased or decreased by 10 per cent, the surplus permanent hands in case of diminution being gradually absorbed against permanent vacancies by stopping fresh recruitment until the permissible limit has reached. B. Method of Recruitment and Appointment of Process-servers ### 73. The Nazir shall keep a register of candidates for filling up leave and permanent vacancies. These candidates will be enrolled under orders of the Judge-in-Charge of Nazarat and their number shall not exceed 15 per cent of the total strength of permanent peons employed at any station. ### 74. No candidate shall be enrolled who cannot read and write the vernacular of the district satisfactorily. ### 75. No process-server shall be appointed except from these candidates. Note. - Orderlies, office peons and night watchmen will be eligible for appointment as process-servers without being enrolled as candidates. ### 76. No process-server shall be permanently appointed unless he is found fit by the Judge-in-Charge of the Nazarat. Note. - In order to ascertain fitness the Judge-in-Charge of the Nazarat shall hold periodical examinations and strike off unfit or undesirable candidates. ### 77. Vacancies occurring at any station shall ordinarily be filled up by appointment of enrolled candidates attached to that station. [G. L. 5/44] Note. - The appointment of peons lies with the District Judge. ### 78. No process-serving peon should be appointed who cannot give a security bond of Rs. 50, executed by some person of known respectability and solvency, for his good and honest conduct. The form of the bond is given below:- I know A, B, to be an honest man, and I agree to forfeit Rs if called upon to do so, should he be proved to have embezzled Government money up to or beyond that amount, or having received money on behalf of Government failed within fifteen days of demand to credit it to Government, or to account for the same for any cause whatever. Note. - One process-serving peon cannot stand security for another peon. C. Arrangement of Work ### 79. The Nazir shall maintain for the jurisdiction for which he is the proper officer for service of processes (1) a list of villages with in [eight kilometres] [Substituted by C. S. no. 43, dated 18.12.1973.] radius of his office, (2) a list of villages outside such [eight kilometres] [Substituted by C. S. no. 43, dated 18.12.1973.] radius. [G.L. 6/22, G.L. 11/26, G.L. 4/29, G.L 4/45, G.L. 1/51, G.L. 4/52, G.L. 5/60, G.L. 4/64, G.L. 7/64] ### 80. Process for service at places within [eight kilometres] [Substituted by C. S. no. 43, dated 18.12.1973.] radius shall be sent out every working day and should ordinarily be returned either next day or on the day following. ### 81. The Nazir shall divide the area outside [eight kilometres] [Substituted by C. S. no. 43, dated 18.12.1973.] radius into beats and shall make the best arrangement possible for the prompt service of processes of each beat. ### 82. The Nazir is responsible that processes to be served in the same beat are as far as practicable made over for service to one peon provided that the number of processes so made over must not be unusually large. ### 83. In making over any process for service the Nazir will fix a returnable date within which it must be returned to office by the process-server after execution. ### 84. The following processes may be executed by special peons:- (1) Warrant of arrest. (2) Warrant for attachment of movables. (3) Any process respecting which there is such a direction by the Court. Note. - More than one peon may be deputed for the execution of any process where there is a special direction of the Court to that effect. ### 85. [ [Substituted by C. S. no. 2, dated 11.8.1972.] Processes received in the office, must be made over to the Nazir, if possible, on the same day on which they are filed, and in no case later than two days after their receipt.] ### 86. Processes made over to the Nazir for service must be returned to the issuing Court as soon as possible after return and at least one day before the date fixed. ### 87. When not employed in serving processes process-servers should be employed in miscellaneous work of the Courts. Note. - No process-server shall be employed in doing clerical work for the office. ### 88. The attendance and deputation of peons should be entered regularly by the Nazir in the register in Form No. (R) 13. ### 89. (i) Whenever a process-server is entrusted with the service of a process under which he is authorized to receive money, he shall be given by the Nazir a loose form of cheque with counterfoil in Form No. (A)12C. The cheque made over to the peon shall be entered by the Nazir in the register of cheques in Form No. (R) 30A and the peons signature shall be taken in column 7 of the register in token of receipt. The peon on receiving any payment under the process shall give a receipt in the cheque form supplied to him by the Nazir for the amount paid to him, and shall obtain the signature or thumb impression of the payer on the counterfoil and shall in his service-report invariably mention the number and year of the receipt granted. In the case of illiterate payers the peon shall make every endeavour to obtain the signature of a literate witness on the back of the counterfoil. The Nazir on the return of the peon shall scrutinize the counterfoil with the service-report and countersign the counterfoil. The Nazir shall record the return of the counterfoil (or of the unused form, as the case may be), in the register of cheques. If the cheque has been used the Nazir shall send the counterfoil with the service-report to the Court concerned, to be filed with the record of the case. [G.L. 4/47] (ii) The cheque forms issued by the Nazir during each calendar year shall bear consecutive serial numbers for the year. (iii) All blank cheques shall be kept by the Nazir under lock and key. The total number of the cheque forms received on indent and made over to the Nazir shall be entered on each occasion on the inside of the cover of Register (R)30A, under the signature of the Judge-in-Charge of the Nazarat. (iv) Cheque forms returned unused shall not be re-issued. Such forms shall be kept by the Nazir in yearly bundles and destroyed at the end of the year following. [G.L. 2/44] Chapter III Adjournments ----------------------------- ### 90. Sufficient time should be given to litigants to enable them to take the necessary steps towards getting their cases ready for hearing, but more than one adjournment for the same step ought not generally to be required and, if it is allowed, the question of compensating the other party by means of adjournment costs should be considered. Except in difficult cases, issues should be framed on the day on which the written statement is filed or on the next day. Lengthy adjournments should not be granted for interlocutory matters such as calling for records, service of interrogatories, issue of commissions, filing of lists of witnesses and payment of costs for issuing summonses. [G.L. 10/49, G.L. 11/62, G.L. 3/63] ### 91. Dates for the hearing of cases ought not to be fixed at random or automatically as a matter of form. It is a matter that should be controlled by the Presiding Officer himself and not left to the discretion of subordinates. While it is desirable that a case should be disposed of as early as possible it is no less important that care should be taken to see that the parties are not put to the expense and inconvenience of having to attend on a date when it is manifest that the case cannot be taken up. The date for hearing should, therefore, be fixed with due regard to the state of the file, the nature of the case and the time it is likely to occupy. If the file is congested it is better to fix a distant date than to require the parties to appear, even without their witnesses, from month to month on dates on which there is no reasonable expectation that the case will be heard. In contested suits, the pleaders of the parties should be consulted whenever it is practicable to do so. It may well be that in some instances it is less hardship to detain the witnesses from day to day than to discharge them, requiring them to return after a considerable interval. In every case, however, the adjournment must be to a day certain and judicial proceeding of whatever nature shall be postponed sine die. [G.L. 14/19, G.L. 3/22, G.L. 6/45, G.L. 1/54, G.L. 7/61, G.L. 9/64] ### 92. It is of the utmost importance that frequent and unnecessary postponements and attendance of witnesses should be consistently discouraged, and a District Judge should call for and scrutinise some of the records of the cases before any of his subordinates who appear, from their explanations regarding long pending cases or otherwise, to be wanting in firmness in the matter. ### 93. When witnesses are in attendance for any party the fact should be noted in the order-sheet. In every case adjourned for hearing or for further hearing, there shall be recorded, as part of the order of adjournment, a specific order to the witnesses who have attended but have not been examined, to attend on the day to which the case stands adjourned. It shall also be recorded that the said order has been communicated to the witnesses in attendance. [G.L. 5/54] ### 94. On the day finally fixed for the hearing of a suit after adjournment, the parties shall be directed to have their witnesses in attendance; and the trial, when once commenced, shall, except for good and sufficient cause (to be noted in the order-sheet) [subject to the proviso to rule 1(2) of Order XVII of the Code of Civil Procedure] [Inserted by C.S. No. 68, dated 27.12.1979.] , proceed throughout the day on which it has been opened, and from day to day, throughout each day following, until it is completed. Note 1. - This rule is not intended to prohibit, in the case stated, the taking up of other cases for the purpose of passing such necessary routine orders as will occupy a short time only, or the taking up of miscellaneous and Small Cause Court cases on days regularly set apart for them. Note 2. - The above rule applies also to Small Cause Court and Miscellaneous cases. ### 95. In the absence of specific direction by the Court to the contrary, the stamps on adjournment petitions should not form part of the taxed costs of the suit or proceeding. ### 96. Costs of adjournments ordered to be paid by a party under Order XVII, Rule 1(2) , must not be diverted to purposes other than that for which they are intended, that is the recoupment to the other party of the cost which the adjournment may entail on him. Such payments must invariably be made direct by one party to the other unless the Court otherwise directs and the receipt of the party or his pleader should be taken on the order-sheet against the order allowing such costs. Note 1. - While the Courts have full liberty to exercise their discretion in each individual case, the High Court consider that, in the absence of special circumstances, and when the costs allowed do not exceed a few rupees, it is reasonable that the party desiring the adjournment should be prepared to compensate his opponent for the inconvenience to which he is put, and that the Court will be justified in making the adjournment conditional on the money being paid then and there. Note 2. - Where adjournment costs have been paid into Court, under head (h) of Account rule 607, Part X, the fact of such payment should be noted on the order-sheet by the Sarishtadar. It will thus be possible to see from the order-sheet what sum, if any, still remains unpaid. All costs of which payment has not been noted under the foregoing orders must be entered in the decree as costs of the suit. Chapter IV Hearing of suits and examination of witnesses [G.L. 7/61] ------------------------------------------------------------------------- ### 97. Parties shall file in Court their lists of witnesses who are in attendance to give evidence on their behalf before 11.30 A.M., or in the case of morning sittings before 6.45 A.M. [Where a party himself wishes to appear as a witness he shall so appear before any other witness on his behalf has been examined unless the court, for reasons to be recorded, permits him to appear as his own witness at a later stage.] [Inserted by C.S. no. 56, dated 27.12.1979.] The omission to file a hazri within the time fixed shall be no bar to witnesses for any party being examined if presented for examination, but nothing shall be allowed to any witness on account of his expenses for the day's attendance if he is neither entered in the list nor actually examined. Note. - This rule in no way affects the obligation on the part of witnesses to attend punctually at the time for which they are summoned. ### 98. The following forms of oaths and affirmations are prescribed under Section 7, Act X of 1873- For Witnesses Oath I swear that the evidence which I shall give in this case shall be true, that I will conceal nothing, and that no part of my evidence shall be false. So help me God. Affirmation I solemnly declare that the evidence which I shall give in this case shall be true, that I will conceal nothing, and that no part of my evidence shall be false. For Interpreters Oath I swear that I will well and truly interpret, translate, and explain all questions and answers, and all such matters as the Court may require me to interpret, translate, and explain. So help me God. Affirmation I solemnly declare that I will well and truly interpret, translate, and explain all questions and answers, and all such matters as the Court may require me to interpret, translate or explain. ### 99. Christian witnesses and interpreters shall be sworn upon the New Testament. In other cases the oaths are to be administered upon such symbol or accompanied by such act as may be usual or as such witness or interpreter may acknowledge to be binding on his conscience. ### 100. [ [Substituted by C.S. no. 57 dated 27.12.1979.] The evidence of each witness in appealable cases shall be read over in presence of the Judge and of the witness and the Judge shall if necessary, correct the same and shall sign it.] ### 101. Every Presiding Judge shall in the examination of witnesses record in his own handwriting in each deposition the name of the person examined, the name of his or her father and, if a married woman, the name of her husband, [the nationality religion] [Substituted by C.S. no. 7.] profession and age of the witness and the village, thana and district in which the witness resides [and if the witness belongs to Scheduled Caste or Scheduled Tribe, a statement to that effect.] [Inserted by C.S. no. 7.] The entry of age shall be the Presiding Judge's own estimate and in his own handwriting. [G.L. 13/19] ### 102. Arguments should be heard immediately after the evidence closes. Chapter V Judgement and decree ----------------------------------- I. Judgement ### 103. Shorthand-typists may be employed to record judgements in civil cases provided that the Presiding Judge attaches a certificate to the effect that the judgement has been recorded at his dictation and attests each page thereof by his signature. [G.L. 2/20, G.L. 1/34, G.L. 2/40, G.L. 3/41, G.L. 3/42, G.L. 4/49, G.L. 2/53, G.L. 5/55, G.L. 3/60, G.L. 9/65] Note. - When a Presiding Judge uses a type-writing machine himself a certificate must be given that this has been done and each page of the record so made shall be attested by his signature. ### 104. (1) Long judgements must not be recorded on the order-sheet. (2) Judgements in ex parte cases should state what reliefs in the plaint are granted. (3) Judgements should state specifically whether any or what interest (including interest pendente lite) is allowed. (4) The last para of judgement shall state in precise term the relief which has been granted by such judgement. [(5) If the judgement is not pronounced within 15 days from the date on which the hearing of the case was concluded, the court shall record the reasons for such delay in the order-sheet. If the judgement is not delivered even within 30 days from the date on which the hearing of the case was concluded the court shall record the reasons for such further delay in the order sheet and shall also furnish an explanation for the delay alongwith quarterly statement submitted to the High Court.] [Inserted by C.S. no. 58, dated 27.12.1979.] II. Decree ### 105. Decrees of District and Subordinate Judges should ordinarily be drawn up in English. Decrees of Munsifs should also be drawn up in English wherever possible. [G.L. 13/49] ### 106. Decrees should be drawn up in such a manner that, in order to the understanding and execution of them, it may not be necessary to refer to any other document or paper whatever. [G.L. 3/29, G.L. 2/33, G.L. 1/45, G.L. 3/55] Note 1. - Petitions of compromise, maps prepared by the direction of or accepted by the Court and other similar papers necessary to illustrate the terms of the order passed shall be embodied in the decree. Note 2. - The particulars of the claim and the date of institution of the suit shall appear in the decree. [G.L. 1/57] Note 3. - Where different valuations are put for purposes of jurisdiction and for payment of court fees, both values should be stated in the decree. The amount claimed as mesne profits should be separately shown, in the case of an Appellate decree the valuation as given in the decree of the first Court should also be embodied. [G.L. 6/44] Note 4. - In drawing up decrees interest, if any, allowed by the Court should be clearly shown and also the period for which and the rate at which interest has been allowed. ### 106A. [ [Inserted by C.S. no. 59, dated 27.12.1979.] The decree should be drawn up as expeditiously as possible and in any case, within 15 days from the date on which the judgement is pronounced, but where the decree is not drawn up within the time aforesaid, the court shall if requested so to do by a party desirous of appealing against the decree, certify that the decree has not been drawn up and indicate in the certificate the reasons for the delay as required by Order XX, Rule 6A.] ### 107. Whenever an address has been filed for service by a party under Order VII, Rules 19 and 22, or Order VIII, Rules 11 and 12 of the First Schedule to the Code of Civil Procedure, such address shall be entered in the decree or formal order instead of the address given in the plaint or petition. The following note shall be made in the decree or formal order below the names and addresses of the parties and the note shall be signed by the clerk by whom the decree or formal order is drawn up :- The addresses given above are the addresses for service filed by the parties with the exception of ................................................. who did not appear or omitted to file their addresses. ### 108. In drawing up decrees costs are to be very carefully calculated. Where "proportionate costs" are allowed such costs shall bear the same proportion to the total costs as the successful part of the claim bears to the total claim. When "corresponding costs" or "costs according to success" are decreed, the assessment is to be made as if the suit had been originally brought at an amount representing the value of the successful part of the claim. ### 108A. [ [Inserted by C.S. no. 60, dated 27.12.1979.] Without prejudice to the generality of the provisions of the Code of Civil Procedure relating to costs, costs in respect of items specified in Order XXA, rule 1, C.P.C. shall form part of the costs of the case unless otherwise directed by the court.] ### 109. Decrees shall be prepared under the supervision of the Sarishtadar of the Court who shall initial the same. [G.L. 4/17] ### 110. As soon as a decree has been drawn up the Court shall cause a notice to be exhibited on the notice board stating that such decree has been drawn up and that it may be perused by the parties or their pleaders within three days from the date of posting the notice. [The notice shall remain exhibited during this period. At the end of every quarter the notices for the previous quarter will be destroyed.] [Inserted by C.S. no. 31, dated 11.8.1972.] ### 111. When such notice has been posted any party or his pleader may before the expiry of the time prescribed in the last preceding rule peruse the decree and either sign it or if it is incorrectly prepared bring the matter to the notice of the Court. ### 112. If no such objection is made on or before the date specified in the notice the Judge shall sign the decree giving the date of his signature. ### 113. Decrees or formal orders need not be drawn up in the case of- (i) Interlocutory orders made during the course of a suit or execution proceeding. (ii) Final orders such as those under Order IX, Rules 9 and 13; Order XXI, Rules 2, 58, 91, 92, 99, 100, 101; Order XXIII, Rule 1; Order XLI, Rules 19, 21, 23; Order XLVII, Rule 1, and an order rejecting a plaint; provided where any such order is capable of execution or affects execution by reason of cost to be paid by one party to the other such costs may be shown in the order-sheet with a short note showing the result of the case and the name of the party by whom such costs are to be paid as well as that of the party who is to receive the same so that the latter, if desirous of executing the order may not be compelled to take a copy of the judgement. ### 114. In suits for money including suits upon mortgage, in suits for specific movables, in suits for accounts and in suits for arrears of rent no decrees need be drawn up, if- (i) neither party has to recover anything unless the Judge otherwise directs; (ii) the claim is satisfied after judgement but before the decree is drawn up. ### 115. A list of cases in which succession certificates, probates or letters of administration have been prepared shall be exhibited on the notice board in the language of the Court. The certificates, probates or letters of administration shall be delivered to the parties or the pleaders concerned in open Court on the third day after the publication of the list. Chapter VI Execution of decrees ------------------------------------ I. General ### 116. Execution cases should receive as much attention as original suits and appeals. The Presiding Officer should see that the processes of the Court are not abused. All cases of fraud, negligence, suppression of processes and resistance to execution should be carefully scrutinized by him with a view to his taking-such steps as may be necessary to prevent their recurrence. [G.L. 1/20, G.L. 1/42] ### 117. The application for execution shall ordinarily be put up before the Presiding Officer for orders on the day following the day of its presentation, with all defects, if there are any, noted thereon and if a searching fee of twenty-five Paise [vide rule 108(2) , post] has been paid by means of a court-fee stamp affixed to the application, information available in the office which will enable the defects to be remedied shall also be noted on the back of the application. ### 118. The attention of Courts is drawn to the provisions contained in Order XXI, Rule 1, Code of Civil Procedure [\* \* \*] [Deleted by C.S. no. 61, dated 27.12.1979.] . It has now been made optional for the judgement-debtor to serve notice through Court or by registered post direct. No challan tendering the money should, therefore, be rejected by reason only of not being accompanied by forms of notice and process-fees. [G. L. 5/21] ### 119. Judgement-debtors desirous of sending decretal dues to the Court by postal money-order must use the green money-order form specially approved by the High Court for the purpose. They must fill in all the particulars indicated in the, coupon of the money-order form. If any particular be not entered, the money-order clerk or sub or branch post-master will refuse the money-order. [G. L. 2/55] Payment under such money-orders will be made by book transfer. The provisions in rules 11-23 in Parts II, and III, Chapter XVII of the Board's Miscellaneous Rules, 1939, and of the Post Office Rules in respect of payment and adjustment of accounts of Government money-orders relating to the procedure to be followed in the Post Office and in the Treasury or Sub-treasury in regard to the payment of money-orders by book transfer should, so far as applicable, be followed in dealing with such money-orders. In the offices of the court and the Treasury or Sub-treasury concerned, the following procedure shall be observed :- (a) The Treasury or Sub-treasury will send the money-order coupon and acknowledgement to the Court with its daily advice list in High Court Form No. (A) 9 and advice list of money-orders in form-G. M. O. On receipt thereof from the Treasury or Sub-treasury the Accountant of the Civil Court will at once enter the amount in the Deposit Register and fill up columns 1, 2, 4 and 6, and enter "by money-order" in column 3 and in column 5 only, the suit or case number, leaving other particulars to be filled in later. He will then send the money-order coupon and acknowledgement to the Chief Ministerial Officer. (b) The Chief Ministerial Officer will scrutinise the tender in the manner laid down in rule 613, Part X, Chapter I. If he finds the tender to be in order, he will sign the acknowledgement portion of the money-order form after obtaining orders of the Presiding Officer, the orders being written on the order-sheet and send it immediately to the post office for despatch to the remitter. The money-order coupon with his endorsement of correctness will be sent to the Accountant who will enter the remaining particulars in column 5 of the Deposit Register, prepare a money-order credit slip in the form prescribed below for his own record and return the money-order coupon with an endorsement of compliance to the Chief Ministerial Officer to be kept with the record. (c) If, on the other hand, the tender is found to be defective, the Chief Ministerial Officer will, under the orders of the Presiding Officer, make a note on the acknowledgement portion of the defects found stating that the amount will be transferred to the credit of the decree-holder on the date on which information to cure defects is received, by post or otherwise and will then send the acknowledgement to the post office, and retain the coupon with the record. When the information necessary to cure the defect is received, the Chief Ministerial Officer should obtain the orders of the Presiding Officer on the order-sheet specifying the person to whose credit the amount is to be entered in the Deposit Register and should then send the coupon with necessary corrections to the Accountant for action as in sub-clause (b). If the particulars supplied be found to be still incomplete, the court will not take any action nor enter into correspondence about them. (d) For administrative purposes the deposit shall bear date, the date on which the deposit was made into the Treasury. Money-Order Credit Slip ### 1. Name of the court passing the decree or order. ### 2. Number of the suit or case and date of judicial decree or order (if any) under which the amount is tendered. ### 3. Name, father's name and address of person or persons on whose behalf the money is tendered. ### 4. Name, father's name and address of person or persons to whose credit the amount is to be placed in the Court's Books. ### 5. Amount tendered. ### 6. Deposit number and date in the Deposit Register. Accountant ### 120. The temporary deputation of the Presiding Officer of a Court to some other station does not necessarily mean an abolition of his Court and the Judicial Officer placed incharge thereof during such absence becomes, subject to the question of pecuniary jurisdiction and special powers, if any, the Presiding Officer also of that Court in addition to his being the Presiding Officer of his own Court. Thus all decrees passed by the later in the cases belonging to the file of the first named Court may be executed by that Court presided over by the officer sent on deputation when he returns. II. Attachment ### 121. An officer deputed to attach movable property should be furnished with a certificate stating the period for which the fee required under Part V, Chapter I, rule 397, has been paid, and he shall give notice thereof to the judgement-debtor or other person at whose instance he remains in possession at the place of attachment and if such person shall desire that the property shall remain at that place for a longer period, he shall be bound to pay into Court in advance the further fee required by the second paragraph of Note 1 to that rule. [G.L 4/30] ### 122. A register should be maintained by the Nazir in the prescribed Form No. (R) 13A showing the securities, jewellery and other valuable articles in his custody. A separate register should also be maintained in Form No. (R) 13B, for ordinary movables and live-stock attached in execution cases. III. Sale ### 123. Every application for an order for sale shall in addition to the particulars required by Order XXI, Rule 66, clause (3) , state everything known or believed by the person verifying the same to exist which relates to the nature or affects the value of the property and shall further state that he is not possessed of any further information regarding it. [G. L. 1/26, G. L. 3/81] ### 124. Every application for the sale of immovable property shall, in addition to other particulars required, state the area of the land involved. ### 125. If, after the sale proclamation under Order XXI, Rule 66, has been published, any written communication regarding the property to be sold which it considers material for purchasers to know is received by the Court, the Court shall cause the same to be read out when the property is put up for sale. ### 126. The selection of local newspapers in which sale proclamation may be published under Order XXI, Rule 67, rests with the District Judge. The name or names of the papers selected shall be notified to the public and to the Subordinate Courts. ### 127. Subject to the proviso in Order XXI, Rule 43, sales of property in execution of decrees in the several Courts of each district (not being Courts of Small Causes) shall be held and commenced at a certain day, each month to be fixed by the District Judge. ### 128. All property, except property of the nature specified in the proviso to Order XXI, Rule 43, of the Code or rule 132 of this Chapter, to be sold at each place of sale, shall be entered in lists for each place, the lists of movable and immovable properties being distinct. The lists shall be so prepared as to contain in regular order each item of property to be sold in execution of the decrees of each Court severally. Such lists shall be struck up in the Courts where the sales are to be held in the case of movables not less than seven days, and in the case of immovables not less than 15 days, before the date fixed for the commencement of each set of sales. ### 129. At the stated hour each fixed date the sales shall be commenced, and shall be carried on in the order stated in the lists, above mentioned. No sale shall continue after sunset; but the sales shall be held from day to day, except when the Court is closed and until the lists are finished: Provided that this rule shall not interfere with the adjournment of any particular sale according to law. (See Order XXI, Rule 69.) ### 130. The same days shall not ordinarily be fixed for the sale of movable and immovable property. ### 131. Except as regards property of the kind mentioned in the next succeeding rule, sales in execution of decrees of any Court shall be conducted in that Court by the Nazir or other officer of the Court in the immediate presence of the Presiding Officer. Where this is not possible the sales may be held in another place within the Court premises to be selected by the Presiding Officer. [G. L. 5/27] ### 132. All sales of live stock, agricultural produce, articles of local manufacture, and of other things commonly sold at country markets shall, unless the Court otherwise directs, be held at such market in the neighbourhood of the place where the goods were attached, as may appear likely to be for the greatest advantage of the debtor, regard being had to the prospect of good prices and to the saving of expenses in conveyance and carriage. ### 133. Whenever guns or other arms in respect of which licenses have to be taken by purchasers under the [Indian Arms Act, XI of 1878] [Now see Arms Act, 1959.] , are sold by public auction in execution of decrees, the Court directing the sale shall give due notice to the Magistrate of the district of the names and addresses to the purchasers and of the time and place of the intended delivery to the purchasers of such arms, so that proper steps may be taken to enforce the requirements of the Indian Arms Act. ### 134. Whenever the Civil Courts have occasion to sell, in execution of a decree or other order, any house or other building situated within the limits of a military cantonment or station, they shall, on confirming the sale forward a copy of the sale-certificate to the Commanding Officer of such cantonment or station, for his information and for record in the Brigade or other proper office. ### 135. As soon as a sale is made absolute and the auction-purchaser has filed the necessary sale certificate stamp under Order XXI, Rule 94, of the Civil Procedure Code, a sale certificate shall be prepared in the prescribed form and the fact shall be noted in the order sheet. The sale certificate shall be made ready within 21 days of the date of the filing of the sale certificate stamp. In addition to the original certificate, two more copies thereof shall be prepared, one of which shall be kept with the record and the other despatched to the Registration office as soon as the certificate is prepared. On each copy the amount of stamp duty paid on the original certificate under Article 18 of Schedule I of the Indian Stamp Act, 1899, shall be noted. Under Article 24 (a) of the same Schedule such copies do not themselves require to be stamped. The original certificate if undelivered should be kept with others in bundles of a convenient size in the custody of the Sarishtadar and destroyed in the presence of Registrar and if there is no Registrar, in the presence of the Presiding Officer concerned after [one year] [Substituted by C.S. no. 13, dated 11.8.1972.] from the date of confirmation of the sale. [G.L. 7/41 read with H.C. letter no. 2891-92 dated 2nd May, 1952] Note. - When a sale certificate is ready, notice thereof should be exhibited on the notice board in Form No. (M) 17-A which shall remain pasted for a period of one week. At the end of every quarter the notices for the previous quarter will be destroyed. ### 136. The following particulars should be inserted in the sale certificates :- (1) The "addition" (as defined in Section 2 of the Indian Registration Act, 1908), of the person who is declared to be the purchaser; (2) Particulars sufficient to identity the property, as required by Section 22 (2) of the same Act; (3) The name of each registration sub-district in which any part of the property is situate; (4) The date on which the sale became absolute. ### 137. In the case of sales under Sections 164 and 165 of the Bihar Tenancy Act, 1885, the certificate of sale should state that the tenure or holding, and not the right, title and interest of the judgement debtor therein, has been sold. IV. Arrest, Imprisonment and Release ### 138. As inconvenience and danger are likely to arise from the arrest under civil process of Railway servants, unless such previous notice be given as may enable measures to be taken to provide for the proper performance of their duties, all warrants issued by any Civil Court for the arrest of Railway servants should be entrusted for execution to a selected peon, who, if he finds on proceeding to execute the warrant that the immediate arrest of the Railway servant would occasion risk or inconvenience, shall make all arrangements necessary to prevent escape, and defer removing the person arrested from his post for at least twenty-four hours, giving immediate notice of the arrest to the nearest Station-Master. ### 139. Attention is invited to Article 181 of the Indian Articles of War Act (V of 1869), which exempts persons belonging to the Army from arrest for debt. ### 140. Warrants for release should not be despatched by a Court after sunset, or, if so despatched, should be endorsed with instructions for release as early as possible next morning. Note. - The above provisions apply to witnesses arrested under a warrant and detained in the Civil prison. ... : . V. Execution by Another Court ### 141. The attention of Courts is drawn to the provisions of Section 41 Civil Procedure Code. There should be no unnecessary delay in carrying out the directions contained in that Section. [H.C. Memo. no. 8917-32, dated 17th April, 1962] ### 142. Civil Courts should not send decrees for execution to the French Courts; but should direct the parties concerned to apply themselves to Courts. Chapter VII Commissions ---------------------------- I. General ### 143. Courts must issue commissions with promptitude and District Judge should at the time of their periodical inspections satisfy themselves that this is done. ### 144. Before issuing a commission the Court shall- (a) call on the party at whose instance the commission is issued to supply an abstract of the pleadings and issues for the use of the Commissioner; (b) after consulting the parties, make an estimate of the probable duration of the examination of each witness. When the estimate is exceeded, the Court should enquire into the cause of delay and disallow any charges of the Commissioner which it finds to be unreasonable. ### 145. In issuing a commission the Court shall fix a date allowing sufficient time for its return after execution. It must be clearly understood that the commission is to be returned by the date fixed. ### 146. If for any reason the Commissioner finds that the date fixed is likely to be exceeded, he should obtain an extension of time before proceeding with the execution of the commission or its further execution as the case may be. II. Commissions for Examination of Witnesses ### 147. If a commission is to issue to a pleader the commission shall be transmitted together with the fee, to the Court in which the Commissioner is practising as a pleader, and, when such Court is the High Court, to the Registrar. [G.L. 2/54] Note 1. - Commissions should not be addressed to the Judicial Commissioner of Oudh. They should be addressed either to the nearest local Court, if known, or to the Court of the Deputy Commissioner which is, in Oudh, the District Court, or, in Lucknow, to that of the Civil Judge. Note 2. - Fees transmitted to the Registrar shall be remitted by money-order payable to the Accountant of the Registrar's office. ### 148. The Court or officer receiving a commission issued to a pleader shall immediately deliver it to him unless he refuses to act. ### 149. All commissions for the examination of witnesses at Hyderabad should be addressed to the Chief Secretary, Hyderabad Government, Hyderabad (Deccan) and all remittances sent with such commissions should be made payable to the Chief Secretary, Hyderabad Government, Hyderabad, without giving the name of the gentleman holding the appointment. ### 150. Commissions for examination of witnesses residing at Secunderabad (Hussen Sagar) or at Bolaram (Alwal) should be addressed to the Cantonment Magistrate, Secunderabad, and the Superintendent of Police, Bolaram respectively; and remittances in such cases should be made payable to the officer to whom the commission is addressed. ### 151. Distant dates should be fixed for the return of commissions sent to these places. ### 152. When a Court in India issues a commission, or a letter of request under Section 77, Code of Civil Procedure, for the examination of witnesses in England, the High Court in England will itself appoint an examiner to take the evidence, if application be made to it for the purpose. But the High Court in England cannot act in any way unless put in motion by a proper application; therefore, in every case in which it is desired to obtain the appointment of an examiner by the High Court in England the parties interested must instruct a solicitor to apply to the High Court in England to make the necessary orders. The Court in India shall for this purpose make over the commission or letter of request in Form No. 8 of Appendix H to the First Schedule of the Code of Civil Procedure, which should be addressed to The. Supreme Court of Judicature' to the interested party, whose duty it is to take all further necessary steps under section 1 of the Evidence by Commission Act, 1859 (22 Victoria, cap. 20) and the rules framed under Section 6 of that Statue [(vide) Order 37, rules 54 to 58, of the Rules of the Supreme Court, 1883-Annual Practice, 1935, pages 681-684], ### 153. (a) Letters of Request issued by a Court in India for the examination of witnesses in foreign countries should be forwarded to Government for transmission through the regular channel. Such Letters of Request must be issued in English, and must be accompanied by a list of interrogatories, in English, to be put to the witness, and also by a translation, in the language of the Court in which it will be executed, of the letter of Request itself, of the interrogatories and of any other documents which accompany the letter. In cases in which the parties on both sides agree to be represented at the examination of the witness in the Foreign Court, the Court issuing the Letter of Request may, if it thinks fit, ask that the agent of the parties be permitted to put such further questions to the witness in examination and cross-examination as they may be advised. (b) When issuing such Letter of Request, Courts in India should observe the law in force in different countries affecting the execution of commissions issuing out of the English Courts for the examination of witnesses abroad. ### 154. A Commissioner for examination of a witness shall ordinarily give previous notice of the time and place of such examination to the witnesses and to the parties or their pleaders and it shall be their duty to attend at such time and place. In fixing the time and place the Commissioner shall have due regard for the convenience of the witnesses particularly in the case of those whose attendance is ordinarily excused, such as, pardanashin ladies, persons unable to be removed from their houses owing to old age, sickness, or other bodily infirmity, or persons of rank exempted by an order under Section 133, Civil Procedure Code, from personal attendance in Court. [G.L. 7/23] III. Commissions for Local Investigations and to Examine Accounts ### 155. The responsibility of ordering an inquiry under Order XXVI, Rule 9 of the Code of Civil Procedure, rests entirely with the Court before which the suit is pending. Such Court may order such inquiry when it deems a local investigation to be necessary or proper for the purpose of elucidating the matters in dispute, or of ascertaining the amount of any mesne profits or damages or annual net profits. The Court is, therefore, to consider, when it is moved to order any such inquiry, whether the nature of the case calls for that particular mode of inquiry, whether the application has been made at a proper stage of the proceedings, whether the importance of the case warrants that expense being imposed upon the parties, and whether such inquiry may not be attended with a delay which will counterbalance the advantage to be derived from it. ### 156. When the commission is for a local inquiry a proceeding in Form No. (J) 27 or, where it is more suitable, in Form No. (J) 28 shall be drawn up giving the points which require elucidation or ascertainment in that particular way, leaving to be substantiated by the parties by evidence at the trial those points which conveniently can and ought to be so substantiated. A copy of such proceeding shall be forwarded to the Commissioner. ### 157. When in any suit or proceeding a local investigation for any of the purposes specified in Order XXVI, Rules 9 and 13, Civil Procedure Code, or any other local investigation under the said Code, requiring knowledge of surveying for the purpose of effecting a delivery of possession, or for any other purpose is deemed necessary, the Court shall before issuing a commission apply to the District Judge for his instructions regarding the particular person whose services are available for that duty and shall issue a commission in accordance with his nomination. The application shall contain a statement of the nature of the work, the value of the suit or subject-matter, the time which it is estimated the commission will take to execute and the cost including proposed fee (which should be inclusive wherever possible) and travelling allowance, if any. ### 158. When a commission, order or writ, issued by a Civil Court under the Code of Civil Procedure, 1908, is of such a nature as to require that the person executing it should have some knowledge of surveying, it should, so far as possible, be issued only to a person whose name is entered in a list to be maintained by each District Judge or persons qualified to execute such Commissions. The qualifications for entry in this list shall be as follows [G.L 1/30]. - (i) the holding of certificate of a proficiency in surveying granted in accordance with the rules framed by the Government of [Bihar] [This may now be read as 'Jharkhand'] and promulgated with the Bihar Government notification no. B/PSE-01/56-758-J., dated the 10th February, 1956, published at page 673 in Part II of the Bihar Gazette, dated the 22nd February, 1956, or in accordance with the rules promulgated with Bengal Government Resolution no. 2047-J.D., dated the 9th October, 1901 and no. 2724-J.D., dated the 24th September, 1904, which were published in the issues of the Calcutta Gazette of the 16th October, 1901, and 28th September, 1904, respectively and notification no. 4962-J., dated the 24th June, 1922, republished at page 918 of Part II of the Bihar and Orissa Gazette, dated the 6th September, 1922; as subsequently amended by Bengal Government notification no. 1382-J., dated the 7th February, 1930, republished at page 62 of part III of the Bihar and Orissa Gazette, dated the 12th March, 1930; or in accordance with the rules promulgated in the Bihar and Orissa Government notification no. 4783-J.R.,dated the 26th October, 1934. published in Part II of the Bihar and Orissa Gazette, dated the 7th November, 1934, or in accordance with the rules promulgated in the Bihar Government notification no. 2088-J., dated the 27th July, 1938, published at page 1177 in Part II of the Bihar Gazette, dated the 3rd August 1938; or in accordance with the rules promulgated in the Bihar Government notification no. 1775-J., dated the 19th September, 1942, published at page 762 in Part II of the Bihar Gazette, dated the 23rd September, 1942, and subsequently amended by the Bihar Government notification no. 902-J., dated the 20th February, 1951, published at page 473 in Part II of the Bihar Gazette, dated the 7th March, 1951; (ii) the possession of an equivalent or higher qualification. This shall include the passing of the following examinations; Bachelor of Civil Engineering; Intermediate Civil Engineering; the examination for Overseers of the Public Works Department (but not that for sub-overseers); Subordinate Engineer's Examination; (iii) the satisfactory execution of survey commissions for the Civil Courts in the judgeship during a period of not less than ten years before the 1st December, 1934: Provided that a Civil Court is no precluded from issuing a commission to salaried Amins in judgeships in which they still exist. [H.C. letter no. 3481-96, dated 28th March, 1966] As between persons included in the aforesaid list, preference should ordinarily by given to those who are pleaders, except in those special cases in which an expert knowledge of survey may be more important than a knowledge of law. ### 159. Whenever transmission by post is necessary for the issue of a commission whether to a Court or to a pleader, the papers are to be sent and returned by registered post and the cost of doing this should be realised from the parties. ### 160. The District Judge should keep a careful watch upon the work of each Commissioner included in the list maintained under rule 158 and a record of the work of each should be kept by him in a form similar to that of a service book. When issuing his nomination under rule 157 the District Judge should invariably direct the Court concerned to submit a report indicating the fee paid and stating whether the commission in question was executed satisfactorily and punctually. The report should be submitted by the Court immediately after the fee has been paid to the Commissioner. If, after considering such reports and making such enquiries as he may deem necessary, the District Judge is satisfied that any Commissioner is incompetent or is doing unsatisfactory work, he shall strike off the name of the Commissioner from the list. Ordinarily, payment should be made to the Commissioner after the hearing of objections to his report, or, if no objection is filed to his report, after the expiry of the period fixed for filing the objection. The District Judge should see that only reasonable remuneration is paid. [G.L 2/17] ### 161. When the work of a Commissioner is completed he shall submit, with the report, his diary showing how he was occupied during the enquiry. Chapter VIII Suits by or against Government or Public Officers ------------------------------------------------------------------- ### 162. All suits in Civil Courts, for the prosecution or defence of which persons in the service of Government, officers in the army, or soldiers have obtained leave of absence, shall be disposed of by such Courts as soon as they are ripe for hearing, irrespective of the order in which they may stand in the register and as speedily as may be consistent with the due administration of justice. ### 163. The above orders, under which officers and soldiers of the active army can claim priority of hearing in civil suits, are extended to the Army Reserves. ### 164. In every case in which the Government Pleader appears for the Government, whether for the Government as a party on its own account, or for the Government as undertaking, under the provisions of Order XXVII, Rule 8 of the Code of Civil Procedure, the defence of a suit against an officer of the Government, he shall, in lieu of a vakalatnama, file a memorandum on unstamped paper signed by him, and stating on whose behalf he appears. Such memorandum shall be, as nearly as may be, in the terms of the following form: Title of the suit, etc. I, A. B. Government Pleader, appear on behalf of the Union of India (or the State of Bihar or as the case may be). Respondent (or etc.), in the suit; or, on behalf of the State which, under Order XXVII, Rule 8 of the Code of Civil Procedure, has undertaken the defence of the suit, Respondent (or, etc.) in the suit. Note. - In other cases the Government Pleader shall file a vakalatnama in the same manner as any other pleader. ### 165. No Civil Judicial authority shall pay out money to Government Pleaders or persons acting on behalf of Government in any suit, unless they produce an authority in writing from the Collector or other officer representing Government, directing them to apply to the Court for such money. Chapter IX Appointment of receivers ---------------------------------------- ### 166. When any Civil Court commits land paying revenue to Government to the management of a Receiver appointed under Order XL, Rule 1 of the Code of Civil Procedure, information of the fact should always be given to the Collector without delay. ### 167. No Civil Court officer should be appointed Receiver except with the sanction of the District Judge, which should only be given in petty cases where the receivership cannot interfere with the officer's ordinary work, and in no case shall remuneration be given to an officer so appointed. Chapter IX A Ex parte injunctions -------------------------------------- The following rules, though they do not profess to be exhaustive or fetter the Court's discretion, are recommended for use by the subordinate courts:- [G.L. 3/26 H.C. letter no. 8702-17, dated 13th August, 1963 the period between preliminary and final orders of injunction should not exceed two months.] ### 168. The powers under Order XXXIX, Rule 3 of the Code of Civil Procedure, to issue an ex parte injunction should be exercised with the greatest care. The issue of an injunction on the application of one party and without previously giving to the person affected by it an opportunity of contesting the propriety of its issuing, is a deviation from the ordinary course of justice, which nothing but the existence of imminent danger to property if it be not granted, can justify. The Court should, if possible, always require notice, however short, to be given to the opposite party. ### 169. An application for an ex parte injunction should not ordinarily be granted unless it is made promptly. ### 170. Every application for an injunction must be supported by affidavit. All material facts must be fully and fairly stated to the Court : and there must be no concealment or misrepresentation of any material fact. [If at any time it appears to the Court that an ex parte injunction was obtained by such mis-statement or suppression of material facts as to lead the court to grant the injunction, the injunction shall be dissolved unless for the reasons to be recorded court considers that it is not necessary so to do in the interest of justice.] [Substituted by C.S. no. 62, dated 27.12.1979.] The plaintiff cannot be heard to say that he was not aware of the importance of the facts so mis-stated or concealed or that he had forgotten them. ### 171. An affidavit in support of an ex parte injunction should always state the precise time at which the plaintiff or the person acting for him became aware of the threatened injury. It must also show either that notice to the defendant would be mischievous or that the matter is so urgent that the injury threatened would, if notice were served on the defendant, be experienced before the injunction could be obtained. The case of irremedial mischief impending must be made out. Mere allegation of irreparable injury will not be sufficient. The facts on which the allegations are founded must be set forth clearly and specifically in the affidavit. ### 172. The notice to be given should be for the shortest possible time. The Presiding Judge must take particular care to arrange for prompt service of [a copy of the plaint, a copy of the application for injunction together with copy of affidavit filed in support of the application and copies of documents on which the applicant relies] [Substituted by C.S. no. 63, dated 27.12.1979.] upon the opposite party and to bring the matter to hearing as early as possible. ### 173. If the opposite party evades service of notice or makes unreasonable delay in showing cause, the Court may find it necessary to make an appropriate order of injunction. On the other hand an interim injunction should be dissolved if the plaintiff makes wilful default in depositing, the process fee, causing the service of notice on the opposite party or otherwise prosecuting the matter with diligence. ### 174. [ [Substituted by C.S. no. 64, dated 27.12.1979.] When an ex parte injunction has been granted the court shall make an endeavour to finally dispose of the application within thirty days from the date, on which the ex parte injunction was granted, and where it is unable so to do it shall record its reasons for such inability.] ### 175. When an interlocutory injunction or an interim restrain order applied for, the Court may require the plaintiff, as a condition of interference in his favour to enter into an undertaking to abide by any order of the- Court may make as to damages, or in some cases it may require the defendant to enter into terms as a condition of withholding an interlocutory injunction. ### 176. When an injunction is granted the greatest care should be taken to state exactly and very clearly what it permits and what it prohibits. When a series of acts of different kinds are sought to be restrained, the order granting an ex parte injunction should embrace only the acts regarding which such an order is really needed. ### 177. Dissolution of an ex parte injunction on the ground of misstatement or concealment of material facts will not operate as a bar to a fresh application for another injunction on the merits. Chapter X Appeals ---------------------- ### 178. All memoranda of appeal should, when practicable, be in English and type-written. ### 179. Every memorandum of appeal shall clearly specify the relief sought and state the value of the appeal. Note. - Valuations for purposes of jurisdiction and for payment of court-fee, shall be separately shown. ### 180. Every memorandum of appeal when signed and presented by a pleader shall, at its foot or when presented by the party in person or by his recognized agent and a pleader is afterwards retained by such party, on a separate sheet of paper which shall be annexed to such memorandum of appeal, contain the following statement to be subscribed by the pleader before he is, as the case may be, allowed to present it or to appear to support the appeal [G.L. 3/46]:- "I certify that I have examined the record and that in my opinion the grounds of appeal are good and I undertake to appear and support them before the Appellate Court." ### 181. All memoranda of appeal must be registered on presentation irrespective of any question as to their possible rejection. ### 182. When two or more cases are tried together and decided by the same judgement and two or more appeals are filed against such judgement, whether by the same or different appellants, the appellate court may in his discretion, and if satisfied that the questions for decision are analogous in each appeal, dispense with the production of more than one copy of the judgement. ### 183. The date for hearing an appeal shall be fixed so as to allow sufficient time to the respondent to file a cross-objection, if any, under Order XLI, Rule 22, Civil Procedure Code. ### 184. The provisions of rules 178, 179 and 180 shall, as far as they may be applicable, apply to the memorandum of cross-objection. [G.L. 3/26- H.C.] Chapter XI Rules framed by the High Court for the guidance of guardians ad litem of minor defendants and minor respondents ------------------------------------------------------------------------------------------------------------------------------- I. Original Suits ### 185. (1) Where there are both major and minor defendants and there is no appearance, the guardian with a view to obtain instructions in the case should communicate with the natural guardian of the minor and ordinarily with the major defendants in the case by registered reply post-card in which the subject-matter of the suit should be briefly stated. [G.L. 4/31, G.L. 3/49] (2) Where the sole defendant is a minor, the aforesaid communication should be addressed to his natural guardian, and in any case where the interests of the-minor require, may be addressed to persons other than those actually parties in the suit. (3) If no response is received to the communication mentioned in sub-rules (1) and (2) or if the response is not helpful and the guardian is unable to have a personal interview with the defendants or their agents, he should report the fact to the Court with a statement of the circumstances and apply for leave to go to the locality for necessary enquiry. (4) The guardian's report on any local enquiry made with the permission of the Court should contain the following particulars:- (a) Date and hour of departure for the locality. (b) Mode of journey, viz., whether by rail or steamer or boat or road. (c) Date and hour of reaching the locality. (d) The names of persons who identify the minor. (e) Age of the minor as stated by the minor's people and as estimated by the guardian. (f) The names and residences of persons in whose presence the enquiry is held. (g) Whether the minor has any defence. (h) If there is defence what is the nature of it and what benefit is expected to accrue to the minor out of the defence. (i) Whether the minor or his people are able and prepared to meet the costs of the defence, and if not, what is the probable amount of such costs. (j) If no defence is filed, the reasons thereof together with the statements of the persons on whose report the decision is arrived at. (5) In case the Court refuses to grant leave for local enquiry, the guardian will proceed according to the instructions of the Court given in each case. (6) Where in response to the communication mentioned in sub-rule (2) or otherwise, the minor or his natural guardian, or any other persons on his behalf, come and see the guardian, his subsequent proceedings and report should conform as far as applicable to sub-rule (4) (g to j). (7) The guardian's report mentioned in sub-rules (4) and (6) may contain such other facts as he may think necessary to bring to the notice of the Court. (8) In petty rent suits and money suits the Court shall not ordinarily grant leave to the guardian-ad-litem to go to the locality for enquiry. II. Appeals (9) The foregoing rules will apply mutatis mutandis to the appointment of guardians of minor respondents subject to the following rules:- (10) If no response is made to the registered post-card mentioned in sub-rule (1), the guardian should before applying for leave to go to the locality, similarly communicate with the pleader who conducted the case in the lower Court on behalf of the minor or his predecessor-in-interest, and ascertain from him, if possible, the probable cause of the non-appearance of the minor, reporting the result to the Court. (11) If the step taken under the last preceding sub-rule does not elicit any satisfactory results, the guardian should consult the record and submit a report to the Court in which he should state whether in his opinion the judgement and decree of the Lower Court can be supported and if such opinion is in the affirmative, why he should not argue the case himself before the Court. A written note on the merits of the case should accompany the report. (12) An amount estimated to cover the actual travelling and halting expenses of the guardian, not exceeding the scale laid down by rule 186 will be required by the Court to be deposited by the party at whose instance the guardian is appointed before an order is passed for a local enquiry mentioned in sub-rule (3). The amount so deposited or so much of it as may be found due will be paid out to the guardian when he has submitted his report mentioned in sub-rule (4). (13) The actual postal charges for communication mentioned in sub-rules (1), (2) and (10) will be deposited and paid to the guardian alongwith the fee prescribed by the High Court. Travelling Allowance ### 186. The rate of travelling allowance to be allowed to the guardian, both in the case of an original suit and of an appeal, shall be that admissible to a second class officer under the Bihar Travelling Allowance Rules with a daily allowance of Rs. 3 for the days for which he may be away from headquarters. Part II – Special Rules relating to Acts other than the Code of Civil Procedure and the Court-Fees Act -------------------------------------------------------------------------------------------------------- Chapter I The Bengal Wills and Intestacy Regulation, 1799 (Bengal Regulation V of 1799) -------------------------------------------------------------------------------------------- ### 187. The notice under section 7 of Regulation V of 1799 calling for claimants to the personal property of intestates should be issued as soon as the property of the intestate is in the custody of the Magistrate, as delay in such matters is not advisable. Note 1. - In dealing with property belonging to the persons of Dutch and other nationalities who may die intestate within the province the Consular representative should, besides a notice of death, be given an opportunity of enquiring whether there are in fact any legal heirs or not and whether special arrangements should not be made with regard to part of the property where such property is of any intrinsic value or of such a character that it would be prized by his relatives and friends. Note 2. - Disposal of estates of deceased Nepalese subjects- (a) Officers wishing to dispose of the estate of a deceased Nepalese subject, should send to the Resident in Nepal, at one and the same time, a statement indicating the value of the estate in full, together with a list giving the name and place of residence, in detail, of the person nominated by the deceased as heir. In the event of the nominated heir being untraceable or dead, the same particulars should be furnished in regard to any other person or persons, to whom the estate may be made over. (b) On receipt of the above information, the Resident will arrange with the Nepal Darbar to make over the estate to the nominated heir, or, failing him, to the next legal heir. The payee's receipt will then, in due course, be forwarded by the Resident to the officer from whom the request issued, or, in the event of the heir or other authorized payee not being forthcoming, the value of the estate will be returned. The Indian Succession Act, 1925 (XXXIX of 1925) ### 188. In uncontested proceedings under the Indian Succession Act and Guardians and Wards Act, it shall be competent to the Court exercising jurisdiction therein to permit or direct, except when otherwise provided by any law or rule for the time being in force, that any particular fact or facts may be proved or evidence upon any application may be given, by affidavit. Note. - When a District Delegate, acting under section 288 of the Indian Succession Act, 1925, returns the petition and documents field therewith to the person by whom the application was made, he should forward to the District Judge, and not to the Record-room, such other papers in connection with the application as may have been produced before him. The Guardians And Wards Act (Act VIII of 1890) ### 189. The following rules have been made by the High Court under section 50 of the Guardians and Wards Act, 1890 (Act VIII of 1890) :- (1) The application made under section 8 of the Act shall, in addition to the particulars required by section 10, state whether the minor is entitled to any property absolutely, or subject to the rights or interests of any other person, and the incumbrances, if any, to which the property is subject; and shall specify all persons of the same degree or relationship as, or of nearer degree than, the proposed guardian, and where a female is proposed as guardian, the nearest male relation of the minor. (2) Where the father of the minor is living, and is not proposed as guardian, the application shall also state any facts relied on as showing that he is unfit to act as guardian of the minor, or that he consents to the application. Whenever the petition made under section 10 of the Act states that the property of the minor consists of land or any interest in land, a copy of the petition shall be sent free of charge to the Collector of the district in which such property or any part of it is situate. (3) The notice required by section 11 of the Act shall be in Form (P) 59. (4) Unless for reasons to be recorded the Court excuses him from giving security, a person appointed or declared to be a guardian shall give a bond as nearly as may be in Form (M) 14. Such bond, unless it be otherwise ordered by the Court, shall be for the amount or value of the movable property, and twice the amount of the annual rents, profits or other income of the movable and immovable property to be received or accounted for by the guardian. (5) Where security is required the Court shall fix a time within which such security shall be furnished; and the order of appointment or declaration shall be made conditional on the furnishing of such security. (6) At the time of the appointment or declaration of a guardian, the Court shall require an inventory of all the property of the ward and of all debts due from the estate to be furnished to the Court within six months under section 34(b) of the Act unless for reasons to be recorded it dispenses with the same and shall fix a date for the inventory to be brought to the Court for such further orders thereon as may be deemed necessary. (7) Any appreciable increment to or diminution of the property of the ward shall of reported immediately, by the guardian to the Court and the Court shall cause the same to be noted in the inventory produced under rule (6). (8) The Court shall direct the guardian to keep such accounts as may be deemed necessary having regard to extent and circumstances of the estate unless the Court, for reasons to be recorded, dispenses with accounts. (9) The accounts to be kept by the guardian shall, unless the District Judge otherwise directs, be for the year beginning with the 1st April and ending with the 31st March. The Court shall require the guardian to submit within one month after the expiry of the account year in each year after the date of his appointment copies of such accounts as have been required under rule (8) to be kept by him during the preceding year: provided that the Court may in all cases call for the original accounts at any time it thinks fit to do. (10) Accounts filed by the guardian shall be exhibited and preserved with the record of the application and shall be open to inspection with the permission of the Court by persons legitimately interested in the same on payment of a fee of one rupee to be paid by means of a court-fee stamp to be affixed to the application for inspection. (11) An application,for leave to deal with immovable property of a ward by way of sale, mortgage, lease, or otherwise, shall state concisely the substance of the order prayed for, the value of the property proposed to be dealt with, and the necessity or advantage of the proposed disposition of the property and shall be supported by an affidavit of the guardian. (12) An application for leave to sell or mortgage immovable property of a ward for the discharge of debts of other liabilities of the ward, shall be accompanied by a statement in Form No. (M)13 of the movable and immovable properties of the minor and of all debts due from the estate unless such statement has already been delivered to the Court by the guardian under section 34(b) of the Act. The particulars of each debt should be separately specified. Note. - The form of application to sell or mortgage immovable property can be obtained from the Nazir at six paise each or six rupees per hundred. (13) When the guardian applies for an order of the Court to do any of the acts mentioned in sections 28 and 29 of the Act and the Court considers it necessary to call upon the Collector or a Subordinate Court for a report as to the necessity or expediency of the proposed act, the guardian shall deposit as the costs of the enquiry such sum as may be fixed by the Court. If it is found that the application was not made in good faith the guardian shall be required to refund the cost of the application and inquiry to the estate within such time as may be allowed by the Court. (14) Moneys belonging to Wards shall not, without the leave of the District Court, be invested in securities other than those mentioned in the clauses (a), (b), (bb), (c) and (d) of Section 20 of the Indian Trust Act, 1882 (II of 1882), or deposited in any bank other than a Government Savings Bank. [G.L. 9/62] (15) The accounts of Wards estates of which the annual income is Rs. 4,000 or more shall ordinarily be audited by the Examiner of Local Accounts, Bihar; provided that where in the opinion of the Court, for reasons to be recorded in writing, exceptional circumstances render such course advisable, they may in the alternative, with the previous sanction of the High Court, be audited by persons who are holders of certificates granted by a State Government under section 144 of the [Indian Companies Act, 1913] [Now, see Companies Act, 1956.] or who are members of any institution or association the members of which have been declared under that section to be eligible to act as auditors of companies throughout India. (16) The accounts of Wards estates of which the annual income is below Rs. 4,000 will be audited by the Sarishtadar or any other officer, judicial or administrative subordinate to the District Judge, whom the latter may appoint. When the audit is made by a Ministerial Officer of the Court the District Judge may, in exceptional cases of special difficulty, and provided it has been necessary to do the work outside office hours, sanction a small remuneration to the Ministerial Officer concerned, out of the funds of the estate. (17) Unless otherwise directed by the Court for reasons to be recorded in writing, the accounts of Wards estates shall be audited annually or once in two years according as the annual income thereof does or does not exceed Rs. 10,000. The Land Registration Act (Bengal Act VII of 1876) ### 190. When an order under section 32 of Bengal Act VII of 1876, directing the transfer of proprietary possession to be registered in the Register of the Collector of the district, is passed by any Civil Court, the Presiding Officer of such Court shall send a copy of his order to the Collector, with a view to such transfer being registered in the Collectorate Register. The Court of Wards Act (Bengal Act IX of 1879) ### 191. Officers presiding in the Civil Courts should send under cover to the Collector, or Deputy Commissioner, as the case may be, for transmission to the Court of Wards, all applications addressed to such Court, under section 10, Bengal Act IX of 1879, asking it to take charge of the properties of minors. The Bihar Tenancy Act (Act VIII of 1885) ### 192. No suit for arrears to rent shall be heard ex parte unless the summons has been served at least 14 clear days before the date of hearing. Where it appears that the above period has not expired on such date the Court should proceed under Order IX, Rule 6, Clause (c) , Civil Procedure Code. [G.L. 4/22, G.L. 2/29, G.L. 3/38, G.L. 1/43] ### 193. A record should be kept by all Civil Courts of the number of cases reported to the Collector under section 58(4) of the Act, which should be referred to in the annual reports on the Administration of Civil Justice, and the matter should also receive notice in the reports on the inspection of Subordinate Courts. Rules under Section 100 ### 194. Every Manager, appointed under Chapter IX of the Bihar Tenancy Act, shall in all matters act in accordance with such orders as may, from time to time, be issued by the District Judge. ### 195. The Manager shall pay the Government revenue, rent and other demands of the like nature, as also all just liabilities upon the estate, in due and proper time. ### 196. No Manager shall or mortgage any property, nor shall he grant or renew a lease for any period exceeding three years, without the express sanction of the District Judge: provided that this rule shall not render valid any lease for a shorter time than three years, if the District Judge directs by a written order that his sanction is to be obtained as regards all leases granted by the Manager. ### 197. The Manager shall apply for the sanction of the District Judge to any act which may involve extraordinary expense. ### 198. No Manager shall have power to compromise any suit or relinquish any claim without the express sanction of the District Judge. Record-of-Rights under Section 101 ### 199. Every Civil Court trying a suit under section 106, or disposing of an appeal in such a suit, shall communicate to the Collector of the district, a note of its-final decision in the case for incorporation in the final record-of-rights prepared under the Bihar Tenancy Act, 1885. The Provincial Small Cause Courts Act (Act IX of 1887) ### 200. The following Rules of Practice shall be observed in Courts of Small Causes:- (1) The summons shall ordinarily be served on the defendant seven clear days before the day on which the Court shall be held at which the cause is to be tried, unless the Court shall otherwise order, but a summons may be made returnable at a longer or a shorter date in the discretion of the Court, with reference to distance or to any other cause. (2) The cause of action shall be transcribed from the plaint into the Cause-Sheet [Form No. (J)15] to be attached to the record immediately before the plaint. (3) The substance of the evidence, the judgement, and the decree shall be entered in the Cause-Sheet referred to above. [G.L. 5/61] (4) In a case in which the defendant has moved the Court for a review of judgement, and the Court is of opinion that such review should be granted, the date for hearing shall be fixed within seven days, unless the Court shall for special reason fix a late date. The Indian Stamp Act (Act II of 1849) ### 201. When a Judicial Officer sees reason to doubt the genuineness of a stamp filed before him, the stamp should be forwarded to the Collector of the district, who will examine it, and satisfy himself if possible, as to its character, reporting the result to the officer sending it. Care should be taken to retain and examine copy of any document bearing a stamp which may be forwarded to the Collector under the above orders. [G.L. 3/18] ### 202. In all cases in which the Civil Courts find any document which comes before them to have been stamped after its execution in contravention of law, they should give a copy of their judgement to the Government Pleader with a view to the prosecution, if necessary, by the Revenue Authorities of the parties concerned in such after-stamping. ### 203. When submitting a reference to the High Court under section 60 of the Stamp Act, the District Judge shall forward a copy of the same to the Superintendent and Remembrancer of Legal Affairs together with an expression of opinion as to whether that officer should engage Counsel or Pleader to argue the matter before the High Court. The Indian Registration Act (Act XVI of 1908) ### 204. In any case in which a registered document is discredited by the judgement of a Court on grounds connected with registration, such as false personation, forgery, want of execution, presentation or admission of execution beyond the statutory period, minority, idiocy or lunacy of the executant, such Court shall send a copy of its judgement to the District Registrar within whose jurisdiction the instrument was registered. [The Indian Lunacy Act (IV of 1912)] [Now, see Companies Act, 1956.] ### 205. When a person has been adjudged by a Civil Court to be a lunatic and the Court is satisfied that the lunatic is a proper person to be detained in a Lunatic Asylum, it shall obtain and forward with such person a certificate from the medical officer with whose assistance the person was so adjudged and a medical history sheet of the lunatic in Form No. (M) 18. The Administrator-General's Act (Act III of 1913) ### 206. In exercise of the powers conferred by section 57 of the Administrator-General's Act, 1913 (III of 1913), and in supersession of the notification of the Government of India in the Home Department No. 270, dated the 11th February, 1903, the Governor-General in Council is pleased to direct that where a subject of a State specified in the Schedule hereto annexed dies in British India, and it appears that there is no one in British India, other than the Administrator-General, entitled to apply to a Court of competent jurisdiction for Letters of Administration of the estate of the deceased, Letters of Administration shall on the application to such Court of any consular officer of such State, be granted to such Sonsular officer on such terms and conditions as the Court may, subject to the following rules, think fit to impose, namely [G.L. H.D. notification no. F.-620/32 Judicial, dated the 25th July, 1932]:- (i) Where the deceased has not left in British India any known heirs or testamentary executors, by him appointed, the local authorities, if any, in possession of the property of the deceased, shall at once communicate the circumstances to the nearest consular officer of the State of which the deceased was a subject in order that the necessary information may be immediately forwarded to persons interested. (ii) Such consular officer shall"have the right to appear, personally or by delegate, in all proceedings on behalf of the absent heirs or creditors of the deceased until they are otherwise represented. Schedule ---------- ### 1. United State of America ### 2. Argentine Republic ### 3. Belgium ### 4. Costa Rica ### 5. Denmark ### 6. Netherland; ### 7. Persia ### 8. Peru ### 9. Siam ### 10. Sweden The Indian Companies Act (Act VII of 1913) ### 207. The rules made by the High Court under section 246 of the [Indian Companies Act, 1913] [Now, see Companies Act, 1956.] (as amended by Act XXII of 1936), referred to in Chapter XXII of the Patna High Court Rules, shall be deemed to apply to all District Courts subordinate to the High Court empowered by the State Government under sub-section (1) of Section 3 to exercise all or any of the jurisdictions conferred by that Act. The Provincial Insolvency Act, 1920 (V of 1920) ### 208. The following rules may be cited as "the Provincial Insolvency Rules":- (1) Every insolvency petition shall be entered in the Register of Insolvency petitions in Form No. (R)2-A. (2) All insolvency proceedings may, at such times and subject to such restrictions as the District Judge may prescribe, be inspected by the Receiver, the debtor and any creditor who has proved, or any legal representative on their behalf. (3) [(i) The insolvency notice to be given under section 6(2) of the Act shall be in Form No. (P)65A. [Inserted by C.S. No. 52, dated 7.10.1980.] (ii) The notice shall state- (a) the name and address of the creditor(s). (b) the name and address of the debtor, decree(s) or order(s) for payment of money on which the creditors or creditors claims are based with particulars thereof [viz. the number of the suit or proceeding in which the decree(s) or order(s) has/have been made the date thereof and the amount as claimed due thereunder], (c) the aggregate amount due to the creditor(s) (in case there are more than one decree or order); the fact that the decree(s) or order(s) has/have become final and that the execution thereof has not been stayed. (d) particulars of decree(s) or order(s) viz. the number of the suit or proceeding in which the decree(s) or order(s) has/have been made, the date thereof and the amount due thereunder to such creditor(s). (e) in case there are more than one decree or order, aggregate amount due thereunder to the creditor(s). (f) the date (which shall not be less than one month from the date of the service of the notice) before which compliance with the requirements of the notice is asked for. (iii) the notice shall require the debtor to pay to the creditor(s) the amount claimed or to furnish security for the payment of the amount to the satisfaction of the creditor(s) or his/their agent(s). (iv) Service of insolvency notice shall be personal. Notice shall be served in the manner provided in rules 9 to 19 of Order V of the Code of Civil Procedure or by the registered post. (v) If the notice is refused, or it is returned unserved and the court is satisfied that the debtor is keeping out of the way for the purpose of avoiding service, it shall be published in a local daily newspaper and such publication shall be deemed to be sufficient service of notice. (vi) Any person served with an insolvency notice may within the period allowed for compliance with that notice, apply to the court to set aside the insolvency notice on any of the grounds specified in sub-section (5) of Section 6 of the Act. (vii) Where an application to set aside the insolvency notice has been made and it cannot be disposed of until after the expiry of the period specified in the notice as the day on which the act of insolvency will be complete, no act of insolvency shall be deemed to have been committed under the notice until the application shall be disposed of.] Notice (3) Whenever publication of any notice or other matter is required by the Act, to be made in an official Gazette, a memorandum referring to and giving the date on which such advertisement appeared, shall be filed with the record and noted in the order-sheet. (4) Notice an order fixing the date of the hearing of a petition under section 19(1) shall be forwarded by registered post to each creditor to the address given in the petition. Such notice, where the Court so directs, may, in addition, also be published in the local official Gazette or in some selected newspapers, or in both. The same procedure shall be followed in respect of notices of the date for consideration of a proposal for composition or scheme of arrangement under section 38(i). (5) Notice of an order of adjudication under section 30 is required by the Act to be published in the local official Gazette. The Court may also order that it should be published in such local newspapers as it may direct. When the debtor is a Government servant, a copy of the order shall be sent to the head of the office in which he is employed. The same procedure shall be followed in regard to notices of orders annulling an adjudication under section 37(2). (6) The notice to be given by the Court under section 50 shall be served on the creditor or his pleader and shall be sent through the post by registered letter. (7) The notice to be issued by the Receiver under section 64 before the declaration of a final dividend to the persons whose claims to be creditors have been notified but not proved, shall be sent through the post by registered letter. (8) Notices of the date of hearing of an application for discharge under section 41 shall be published in the local official Gazette or in such local newspapers as the Judge may direct, and copies shall be sent by registered post to all creditors whether they have proved or not. (9) A certificate of an officer of the Court or of an Official Receiver, or an affidavit by a Receiver that any of the notices referred to in the preceding rules has been duly posted accompanied by the post office receipt, shall be sufficient evidence of such notice having been duly sent to the person to whom the same was addressed. (10) The Court may instead of or in addition to forwarding a notice by registered post under the foregoing rules cause it to be served in the manner prescribed for the service of summons. (11) In addition to the prescribed methods of publication any notice may be published otherwise in such manner as the Court may direct, for instance, by affixing copies in the Court-house or by beat of drum in the village in which the insolvent resides. Receivers (12) Every appointment of a Receiver shall be by order in writing signed by the Court. Copies of this order sealed with the seal of the Court should be served on the debtor, and forwarded to the person appointed. (13) (i) A Court when fixing the remuneration of a Receiver should, as a rule, direct it to be in the nature of a commission or percentage of which one part should be payable on the amount realised after deducting any sums paid to secured creditors, out of the proceeds of their securities and the other part on the amount distributed in dividends. (ii) When a Receiver realizes the security of a secured creditor, the Court may direct additional remuneration to be paid to him with reference to the amount of work which he has done and the benefit resulting to the creditors. (14) The Receiver shall keep a cash-book and such books and other papers as to give a correct view of his administration of the estate, and shall submit his accounts at such times and in such forms as the Court may direct. Such accounts shall be audited by such person or persons as the Court may direct. The costs of the audit shall be fixed by the Court, and shall be paid out of the estate. (15) Any creditor who has proved his debt may apply to the Court for a copy of the Receiver's accounts (or any part thereof) relating to the estate as shown by the cash-book up to date, and shall be entitled to such copy on payment of the charges laid down in rules of this Court regarding the grant of copies. (15A) The Receiver shall keep a record of his proceedings and shall state in it his reasons for all important acts and decisions. Any person affected by any such act or decision shall be entitled to a copy of the proceedings relating thereto on payment of the charges laid down in the rules of this Court regarding the grant of copies. (16) In any case in which a meeting of creditors is necessary and in any case in which the debtor proposes a composition or scheme under section 38, the Receiver shall give seven days' notice to the debtor and every creditor of the time and place appointed for each meeting. Such notices shall be served by registered post. (16A) If on the expiry of one year after the date of the order of adjudication the Receiver has not been able to realize all the property of the insolvent, he shall refer the case to the Court for decision under section 64 of the Act whether as much has been realized as can be realised without needlessly protracting the receivership. Proof of Debts (17) A creditor's proofs should be in Form No. (M)27 with such variations as circumstances may require. (18) In any case in which it shall appear from the debtor's statement that there are numerous claims for wages by workmen and others employed by the debtor, it shall be sufficient if one proof for ail such claims is made either by the debtor or by some other person on behalf of all such creditors. Such proof should be in Form No. (M)28. Procedure where the Debtor is a Firm (19) Where any notice, declaration, petition, or other document requiring attestation is signed by a firm of creditors or debtors in the firm's name, the partner signing for the firm shall also add his own signature, e.g. "Brown and Co., by James Green, a partner in the said firm." (20) Any notice or petition for which personal service is necessary, shall be deemed to be duly served on all the members of a firm if it is served at the principal place of business of the firm within the jurisdiction of the Court, on any one of the partners, or upon any person having at the time of service the control or management of the partnership business there. (21) The provisions of the last preceding rule shall, so far as the nature of the case will admit, apply in the case of any person carrying on business within the jurisdiction in a name or style other than his own. (22) Where a firm of debtors files an insolvency petition the same shall contain the names in full of the individual partners, and if such petition is signed the firm's name the petition shall be accompanied by an affidavit made by the partner who signs the petition showing that all the partners concur in filing of the same. (23) An adjudication order made against a firm shall operate as if it were an adjudication order made against each of the persons who at the date of the order is a partner in that firm. (24) In cases of partnership the debtors shall submit a schedule of their partnership affairs, and each debtor shall submit a schedule of his separate affairs. (25) The joint creditors, and each set of separate creditors, may severally accept compositions or schemes of arrangement. So far as circumstances will allow, a proposal accepted by joint creditors may be approved in the prescribed manner, notwithstanding that the proposals or proposal of some or one of the debtors made to their or his separate creditors may not be accepted. (26) Where proposals for compositions or schemes are made by a firm, and by the partners therein individually, the proposals made to the joint creditors shall be considered and then voted upon by them apart from every set of separate creditors; and the proposal made to each set of creditors shall be considered and voted upon by such separate set of creditors apart from all other creditors. Such proposals may vary in character and amount. Where a composition or scheme is approved, the adjudication order shall be annulled only so far as it relates to the estate, the creditors of which have confirmed the composition or scheme. (27) If any two or more of the members of a partnership constitute a separate and independent firm, the creditors of such last mentioned firm shall be deemed to be a separate set of creditors, and to be on the same footing as the separate creditors of any individual member of the firm. And when any surplus shall arise upon the administration of the assets of such separate or independent firm the same shall be carried over to the separate estates of the partners in such separate and independent firm according to their respective rights therein. Sale of Immovable Property of Insolvent (28) If no Receiver is appointed and the Court, in exercise of its powers under section 58 of the Act, sells any immovable property of the insolvent, the deed of sale of the said property shall be prepared by the purchaser at his own cost, and shall be signed by the Presiding Officer of the Court. Dividends (29) The amount of the dividend may, at the request and risk of the creditor, be transmitted to him by post. (30) When an estate is ordered to be administered in a summary manner under section 74 of the Act- (i) There shall be no advertisement of any proceedings in the local Government Gazette or in a local newspaper. (ii) The petition and all subsequent proceedings shall be endorsed "Summary case". (iii) The notice of the hearing of the petition to the creditors shall be in Form No. (P)65. Costs (31) All proceedings under the Act down to and including the making of an order of adjudication shall be at the cost of the party prosecuting them, but when an order of adjudication has been made, the costs of the petitioning creditor including the costs of the publication of all gazette notices required by the Act or Rules which, by the Act or Rules, the petitioning creditor is required to pay shall be taxed and be payable out of the estate. (32) Before making an order in an insolvency petition presented by a debtor, the Court may require the debtor to deposit in Court a sum sufficient to cover the costs of sending the prescribed notices of the hearing of petition and the costs of the publication of all gazette notices required by the Act or Rules which, by the Act or Rules, the debtor is required to pay. (33) The cost of the publication in the Gazette of- (a) An order fixing the date for the hearing of an insolvency petition under section 19(2) shall when the petition is by creditor, be paid by the creditor, and, when the petition is by the debtor, be paid out of the sum deposited in Court by the debtor under clause (32); (b) Notice of a proposal for a composition under section 38(1) and notice of an application for discharge under section 41(1) shall be paid by the debtor. (34) The publication in the Gazette of- (a) Notice of adjudication under section 30; (b) Notice to creditors whose claims have been notified but not proved under section 64; (c) Notice of an order annulling an adjudication under section 37(2), shall be made free of charge. (35) No costs incurred by a debtor of, or incidental to, an application to approve a composition or scheme shall be allowed out of the estate if the Court refuses to approve the composition or scheme. (36) If the assets available are not sufficient in any case for taking proceedings necessary for the administration of the estate, the Receiver or Interim Receiver or Official Receiver, as the case may be, may call upon the creditors or any of them to advance the necessary funds, or to indemnify him against the cost of such proceedings. Any assets realized by such proceedings shall be applied, in the first place, towards the repayment of such advances with interest thereon at 6 per cent per annum. Rules for the Disposal of Audit Objections and Audit Reports Relating to Estates Under the Fiduciary Control of the Civil Courts ### 209. The following rules have been framed by the High Court for the disposal of audit notes and audit objections relating to estates under the fiduciary control of the Civil Courts:- (1) The Auditor should give reasonable notice through the Court of the date when the audit is to begin. [G.L. 8/22, G.L. 3/24] | | | --- | | The| ReceiverCommon ManagerGuardian| of the estate the accounts of which are under audit | should arrange to give every facility to the Auditor in the conduct of his business. All accounts, registers and other documents which the Auditor may demand for this purpose should be laid before him with due expedition. If the Auditor is not given any necessary document demanded by him, he should bring the fact to the notice of the Court before making a representation to the Examiner of Local Accounts. [G.L. 8/22, G.L. 3/24] (2) The results of each audit should be communicated as follows:- (i) The objection statements which are issued daily by the Auditor in the course of the audit; and (ii) The audit report which is issued formally after the close of the audit over the signature of the Examiner of Local Accounts. (3) The daily objection statements issued by the Auditor in the course of the audit should be returned to him within three days from date of receipt with replies showing the action which is taken and which it is proposed to take to settle the | | | --- | | objections raised. These replies should be signed by the| ReceiverCommon ManagerGuardian| of | the estate the accounts of which are under audit. The objection statements should all be returned without fail on or before the date on which the audit closes. No objection statement should remain unanswered on this date. (4) When the objection statements are received back by the Auditor he will | | | --- | | write out the draft audit report and will show it is to| ReceiverCommon ManagerGuardian| of the | estate the accounts of which are under audit. If the latter finds any inaccuracies in the draft he should point them out. He may also take such action as he may consider necessary. He should return the draft audit report with such remarks as he may consider necessary within a week of the date of receipt by him. (5) The audit report as finally approved will be signed by the Examiner of | | | --- | | Local Accounts and copies will be sent by him to the| ReceiverCommon ManagerGuardian| of the | estate, to the presiding Officer of the Court concerned, to the Registrar of the High Court of Judicature and to the Secretary to Government in the Judicial Department. | | | --- | | (6) On receipt of the audit report the| ReceiverCommon ManagerGuardian| must take steps | to remove the objections mentioned therein and should submit his reply to the Examiner of Local Accounts through the Court within one month. His reply to the audit report showing the action which has been taken on it must be sent in duplicate. A tabular form should be adopted providing separate columns for the record against each item or paragraph of the audit report of- | | | --- | | (i) the reply and explanation of the| ReceiverCommon Manager,Guardian| | (ii) the remarks of the Examiner, and (iii) the final order of the Court. If the Examiner remains unsatisfied with the reply offered to any point raised in audit he will forward one copy with his remarks to the Court for consideration and the orders of the latter will be final, subject to appeal and the superintendence of the High Court. (7) An audit objection is usually removed by the requisite sanction or making the necessary recovery, by correcting or completing the relevant account or voucher, by furnishing the necessary documents or information, or by otherwise securing compliance with the provisions of a specified rule. In case in which a protest is made against an audit objection as being incorrect, objection should be held to be in force unless formal intimation of its withdrawal is received from the Audit Department or it is disallowed by the Court under rule (6) . (8) The final disposal of the audit report by the Court shall be communicated by or through the District Judge with copies of the tabular statement, to the High | | | --- | | Court, the Examiner of Local Accounts and the| ReceiverCommon ManagerGuardian| | (9) Auditors have Instructions to mention prominently in the audit report | | | --- | | unremedied objections of previous audit reports. The| ReceiverCommon ManagerGuardian| should | pay particular attention to these items and in explaining or replying to them it should invariably be stated why the objections could not be removed. Account Rules and Forms for Estates under the Fiduciary Control of the Civil Reports and Subject to Audit by the Examiner of Local Accounts, Bihar ### 210. (1) The following registers, accounts and forms are prescribed for Estates under the Fiduciary control of the Civil Courts the accounts of which are subject to audit by the Examiner of Local Accounts, Bihar. All estates should also prepare budget estimates showing all anticipated heads of income and expenditure in such form as may suit the requirement of each estate. Receipts for rent, where rent is collected in cash or in kind, should be granted in the form prescribed by Government under the Tenancy Act. | | | | | | --- | --- | --- | --- | | Sl. No. | Description of the register, account or form | Form number | Remarks | | 1 | 2 | 3 | 4 | | | CLASS I | | | | 1. | Rokar or Cash Book ... | F. E. F. No. | 1 | |- | 2. | Voucher ... | " | " | 2 | | | 3. | Detailed Khatian ... | " | " | 3 | | | 4. | Register of Civil Suits, Appeal and Execution Cases. | " | " | 4 | Need not to be written up every year except in the case of large estates if found necessary. | | 5. | Stock Book (for Sadr Office). | " | " | 5 | All sorts of articles, namely, forms stationery, furniture, tools, live-stock, etc., should be entered in this register which should be divided into the necessary parts, one or more pages being allotted to each item according to necessity. There should be an index in the beginning and the register should be balanced quarterly. | | 6. | Siaha or daily collection register. | " | " | 6 | | | 7. | Jama Wasli Baki register. | " | " | 7 | | | 8. | Receipt for Miscellaneous payment. | " | " | 8 | | | | Class II | | | | | | 9. | Khatian of each kind of dues and balances. | " | " | 9 | | | 10. | Register of tenants holdings purchased in execution and resettlement of the same. | " | " | 10 | | | 11. | Register of proprietor's private lands. | " | " | 11 | | | 12. | Jamabandior rent-roll. | " | " | 12 | One Jamabandi Register should be kept at headquarters for ready reference, a copy of the same being given to the mufassil staff for the purpose of collection. An abstract account of the total assets should be given at the end of the Jamabandi which must show separately the area under Nagdi, Bhaoli, Gairmazrua and Bakasht together with rent and other miscellaneous income from Jalkar and Sairat, etc.This register should be compared annually with the mufassal Jamabandi with a view to check any surreptitious act done by the mufassal staff. All mutations should be reported to the Manager, or guardian or Receiver and changes in red ink made in the office copy of the Jamabandi. | | 13. | Jamabandiof miscellaneous tenancies. | " | " | 13 | | | 14. | Settlement Register | " | " | 14 | | | 15. | Register of mutation fee ... | " | " | 15 | | | 16. | General Ledger ... | " | " | 16 | To be written up from the Cash Book or Rokar to show the progress of income and expenditure under each budget head. It should not be necessary to maintain this General Ledger in small estates. | | 17. | Danabandi Khasra | " | " | 17 | To be written by carbon process on the spot, the pencil copy being sent to the Head Office at the close of the day. | | | | | | | N.B. - The paper should be keptmauzabymauza.Where rent is collected on the basis of an estimate of produce, signatures or thumb impressions of the party concerned, the persons making the appraisement and of some respectable witnesses present thereat, should be taken on the appraisement papers, wherever possible. If it is necessary to note that a particular area has been kept fallow an entry may be made in the remarks column. | | 18. | Agor Batai Register | " | " | 18 | May be used for both system of Bhaoli rent - Batai and Danabandi. | | 19. | Sale Paper | " | " | 19 | | | 20. | List of defaulters ... | " | " | 20 | To be drawn up half-yearly with a statement showing collection, remission and balance. | | 21. | Stock Book (for mufassal office including Bhaoli realization. | " | " | 21 | | | 22. | Wasil Baki Register for Bhaoli and Batai Rents. | ... | F.E.F. No. 7 may be used, description and quantity of produce being noted in the column provided for rent. | | 23. | Siaha for Bhaoli and Batai rents | ... | F.E.F. No. 6 may be used, description and quantity of produce being noted in the column provided for rent. | Note 1. - The registers and forms may be kept in English or in the Vernacular as may be found convenient. Note 2. - The registers and forms should be preserved for the periods given in "note" at page of Volume II. The periods stated therein are to be reckoned from the date of the last entry in the Register and at the expiration of those periods the registers shall be destroyed. (2) "Essential" Registers. "Optional" Registers. - The Registers and accounts under class I are essential and must be maintained by all estates. The District Judge or the Court concerned may modify them only in detail, if necessary, but must not dispense with any of the entirely. The registers and forms under class II may not be necessary for all estates and the District Judge or the Court concerned may modify or the Guardian, Common Manager or Receiver. The District Judge may also accept in extreme cases a register or even a note book in which some of the items of class II are entered. In deciding whether any particular register or form of class II should be dispensed with or should be combined with others into one register, the District Judge or Court should take and consider the advice of the Examiner of Local Accounts, who should be consulted in the matter as soon as possible after the first audit subsequent to the date on which these rules and forms come into force (3) The forms prescribed under clause (1) above are contained in Appendix D Volume II. Rules under the Bankers' Books Evidence Act (XVIII of 1891) ### 211. Scale of fees. (1) A Bank ordered under the Banker's Books. Evidence Act, XVIII of 1891, to supply certified copies of entries from its books shall be entitled to charge on the following scale:- Searching fee. - For each year or part of a year in respect of which search is made-Rs. 5. Copies. - For each Bank folio or part thereof-Rs. 5. Certificate. - For the certificate under section 6 of the Act-Rs. 5. A Bank folio for this purpose is a page of the Bank's books of not less than 40 and not more than 50 lines. (2) Application how made. - An application for an order under the said Act shall be made ex parte upon petition and the Court or a Judge may direct that notice of the application shall be served on the Bank or Banks named in the plication, the petition shall set out particulars of which it is desired to obtain copies (or, if this is impossible, the year or years in which such entries will appear) and the materiality of such entries. (3) Application made in insufficient time and procedure to be followed in such cases. - All applications shall be made in sufficient time to allow three clear days' notice required to be given by section 6(2) of the Bankers' Books Evidence Act. and all applications made in insufficient time shall state the reason thereof. (4) Service of order in Bank. - The party who has obtained such order shall serve it upon the Bank or Banks affected and at the same time pay to the Bank or Banks the searching fee of which the amount shall be stated in the order. (5) Bank to make search and make out demand for fee for copies. - Upon service of the order the Bank or Banks shall forthwith cause search to be made and shall thereafter forthwith inform the party who has obtained the order the amount to be paid to such Bank or Banks for copies of the entries to be made in terms of the order. (6) Thereupon the party concerned shall pay to the Bank or Banks the amount so stated and the fee for the certificate and the Bank or Banks shall upon receipt thereof forthwith prepare and deliver to the party the copies of the relevant entries together with the certificate under section 6 of the Act. [Party to pay for certified copies and certificate] (7) Nothing in the above rules shall be construed as derogating from the power of the Court of the Judge to make such orders as to costs in particular cases as may seem appropriate to it or him under section 7 of the Act. [Saving] Rules under Section 41 of the Special Marriage Act, 1954 (Act XLIII of 1954) ### 212. (1) Short title and commencement. - (i) These rules may be called the Special Marriage Rules, 1955. [G.L. 1/58] (ii) The Rules shall come into force on the date of [publication] [The rule was published in the Bihar Gazette, dated the 23rd November, 1956 (vide notification 858 R., dated the 10th November, 1955.] in the Bihar Gazette. (2) Definitions. - (i) "The Act" means the Special Marriage Act, 1954 (Act XLIII of 1954). (ii) "District Court" or "the Court" means the court of the District Judge or of the Judicial Commissioner, as the case may be. (3) Form of the proceedings. - The following proceedings under the Act shall be initiated by original petitions:- (i) under section 22 for restitution of conjugal rights; (ii) under sub-section (1) of Section 23 for judicial separation; (iii) under sub-section (2) of Section 23 for rescinding a decree for judicial separation; (iv) under sub-section (1) of Section 24 for declaring a marriage null and void. (v) under sub-section (2) of Section 24 for declaring the registration of a marriage to be of no effect; (vi) under section 25 for annulment of a marriage by a decree of nullity; (vii) under section 27 for divorce; (viii) under section 28 for divorce by mutual consent; and (ix) under section 38 to make, revoke, suspend or vary an order or provision regarding the custody, maintenance or education of minor children. (4) Every other proceeding, subsequent to the original petitions mentioned in rule 3, shall be initiated by an interlocutory application. (5) Every petition, application, affidavit, decree or order under the Act shall be headed by a cause title in Form No. 1 given in the schedule to these rules with such variation as may be necessary and shall be drawn up, so far as possible, in the forms prescribed in the schedule to the Indian Divorce Act, 1869 (IV of 1869). (6) When a husband or a wife is a lunatic or an idiot, any petition under the Act, other than a petition for restitution of conjugal rights may be brought on his or her behalf by the person entitled to his or her custody. (7) Petitions of Minors. - (i) where the petitioner is a minor he or she shall sue by his or her next friend to be approved by the Court; and no petition presented by a minor under the Act shall be filed until the next friend has undertaken in writing to be answerable for costs. Such undertaking shall be filed in Court, and the next friend shall thereupon be liable in the same manner and to the same extent as if he were a plaintiff in an ordinary suit. (ii) The next friend shall file an affidavit alongwith the petition which shall state the age of the minor, that the next friend has no adverse interest to that of the minor, and that the next friend is otherwise a fit and proper person to act as such. (iii) The Court may, on considering the affidavit and such other material as it may require, record its approval to the representation of the minor by the next friend or pass such order or orders as it may deem fit. (8) Contents of petitions. - In addition to the particulars required to be given under Order VII, Rule 1 of the Code of Civil Procedure, every original petition shall state- (i) the place and the date of the marriage; (ii) the names of the parties and their occupation; (iii) the principal permanent address where the parties cohabited including the address where they last resided together; (iv) the names of the children, if any, of the marriage together with their dates of birth or ages; (v) if prior to the date of the petition there has been any proceeding between the parties to the petition with reference to their marriage in any court in India, the result and the full particulars thereof. (vi) if the petition is for restitution of conjugal rights, the date on or from which and the circumstances under which the respondent withdrew from or terminated conjugal relationships with the petitioner; (vii) if the petition is for judicial separation or divorce the matrimonial offence alleged or other grounds upon which the relief is sought, together with full particulars thereof so far as such particulars are known to the petitioner, e.g.,- (a) in the case of alleged desertion the date and the circumstances under which it began; (b) in the case of presumption of death, the last place where the parties lived together and the date when and the place where the respondent was last seen or heard of as alive and the steps, if any, taken to ascertain his whereabouts; (c) in the case of cruelty or adultery the specific acts of cruelty or adultery and the occasions when and the places where such acts were committed; (d) in the case of incurable unsoundness of mind, the time when such unsoundness began to manifest itself the nature and period of any curative steps taken together with the name and address of the person, if any,-who treated for such unsoundness of mind; (e) in the case of leprosy, or venereal disease in a communicable form, when such ailment began to manifest itself, the nature and the period of the curative steps if any, taken, together with the name and address of the person who treated for such ailment and whether or not such ailment was contracted from the petitioner; (f) in case of an allegation of fraud a complete specification of the facts which constitute the fraud; (viii) if the petition is for a decree of nullity of marriage on the ground specified in clause (ii) or clause (iii) of Section 25 of the Act, the time when the facts relied on were discovered and whether or not marital intercourse with the consent of the petitioner took place after the discovery of the said facts; (ix) if the petition is by a husband for divorce or judicial separation on the ground that his wife committed adultery with any person, the name, occupation and place of residence of such person, so far as they can be ascertained; (x) if the petition is by a wife for divorce or judicial separation on the ground that her husband committed adultery with any woman, the name, occupation and place of residence of such woman, so far as they can be ascertained; (xi) if the petition is by the wife for divorce on the ground that her husband has been guilty of rape, sodomy and be stiality, all particulars in proof of the same, accompanied by a certified copy of judgement, if any, in case of conviction; (xii) if the petition is one for a decree of dissolution of marriage, or of nullity or annulment of marriage or for judicial separation, that there is no collusion or connivance between the petitioner and the other party to the marriage or alleged marriage; (xiii) set out at the end the relief or reliefs sought, including any claim for- (a) damages against the co-respondent; (b) custody, care and maintenance of children; (c) permanent alimony and maintenance; and (d) costs. Where a claim is made under (c) the petition shall specify the annual or capital value of the husband's property, the amount of his annual earnings and other particulars relating to his financial resources and also the annual or capital value of the wife's property. (9) Verification. - Statements contained in every petition shall be verified by the petitioner or some other competent person in the manner required by the Code of Civil Procedure for the time being in force for the verification of plaints. (10) An application under the proviso to section 29 of the Act for leave to present a petition for divorce before three years have passed from the date of the marriage shall be supported by an affidavit setting forth the circumstances relied on as constituting exceptional hardship to the petitioner or exceptional depravity on the part of the respondent. (11) Every petition made under the Act, shall be accompanied by a certified copy of the certificate from the marriage certificate book, about the solemnisation or the registration of the marriage under the Act or under section 13 of the Special Marriage Act (Act III of 1872). (12) When a petition is admitted, the Chief Ministerial Officer of the Court shall assign a distinctive number to the petition and all subsequent proceedings on the petition shall bear that number. (13) Alongwith the petition, the petitioner shall furnish a copy thereof for service on the respondent and if a co-respondent is impleaded an additional copy for service on him together with the fee prescribed under the Court-Fees Act for service of notices. (14) (i) Notice of the petition shall be in Form No. 2 given in the schedule to these rules for settlement of issues and shall require the respondent and the corespondent, if one is named in the petition, to enter appearance in person or by pleader, and file a written statement not less than seven days before the day fixed in the notice. (ii) The notice together with a copy of the petition shall be served on the respondent and the co-respondent, if named in the manner prescribed in Order V of the Code of Civil Procedure, not be than 21 days before the day appointed therein: Provided that the Court may dispense with such service altogether in case it seems necessary or expedient so to do. (15) Co-respondent in husband's petition. In any petition presented by a husband for divorce or judicial separation on the ground that his wife has since the solemnisation of the marriage, been guilty of adultery, the petitioner shall make the alleged adulterer if alive, a co-respondent in the said petition, unless he is excused from so doing by an order of the Court which may be made on any or more of the following grounds which shall be supported by an affidavit in respect of the relevant facts- (i) that the respondent is leading the life of a prostitute, and the petitioner knows of no person with whom the adultery has been committed; (ii) that the name of the alleged adulterer is unknown to the petitioner, although he has made due efforts for its discovery; (iii) that the alleged adulterer is dead; (iv) for any other sufficient reason that the Court may deem fit to consider. (16) Respondent wife's petition. - Unless, otherwise directed, where a wife's petition alleges adultery with a woman named and contains a claim for costs against her, she shall be made a respondent in the case. (17) Intervention. - (i) Any person other than a party to the proceeding under Chapter V or Chapter VI, including a person charged with adultery or sodomy, not made a respondent or co-respondent shall be entitled to appear and intervene in the proceedings. The application shall be supported by an affidavit setting forth the facts on the basis of which the intervention is sought for. (ii) Notice for the application together with a copy of the affidavit shall be served on all parties who shall be at liberty to file counter affidavits. (iii) If, after hearing all the parties, the Court grants leave, the intervenor may take part in the trial subject to such terms and conditions as the Court may deem fit to impose. (iv) If the Court is satisfied that the intervention was made without sufficient cause it may order the applicant to pay the whole or part of the costs occasioned by the intervention. If, on the other hand, the Court finds that the intervention is justified, it may pass suitable orders for payment to the applicant the whole or any of the costs of intervention. (v) A person to whom leave to intervene has been granted may file in the Court an answer to the petition or written statement containing the charges or allegations against such intervenor. (18) Written statement in answers to petition filed by respondents. - The respondent may and, if so required by the Court shall present a written statement in answer to the petition and the provisions of Order VIII of the Code of Civil Procedure shall apply mutatis mutandis to such written statements. In particular, if in any proceedings for divorce the respondent opposes the relief sought in the petition on the ground of the petitioner's adultery, cruelty or desertion, the written statement shall state the particulars of such adultery, cruelty of desertion. (19) Damages. - Any husband may, in a petition for divorce, claim damages from the co-respondent on the ground of his having committed adultery with the wife of such petitioner- (i) Such petition shall be served on the said co-respondent and the wife unless the Court dispenses with such service in accordance with the provisions of rule 15. (ii) The damages to be recovered on any such petition shall be ascertained by the Court, although the respondent or either of them may not appear. After the decision has given, the Court may direct in what manner the damages shall be paid or applied. (20) Costs. - The Court may direct that the whole or any part of the costs of the petitions for nullity of marriage or for divorce, incurred by any of the parties to such petitions may be paid by any of the other parties thereto: Provided that the co-respondent shall not be ordered to pay the petitioner's cost- (i) if the respondent was at the time of the adultery living apart from the husband and leading the life of a prostitute: or (ii) if the respondent had not, at the time of the adultery, reason to believe the respondent to be a married woman. The award of costs shall be in the discretion of the Court and the Court shall make an order for the same while passing the decree. (21) Unless otherwise directed by the Court, the costs of the petition under the Act shall be costs as taxed in suits under the Indian Divorce Act IV of 1869. (22) Appeal. - Appeals to the High Court from the decrees and orders made by the Court in any proceeding under Chapter V or Chapter VI shall be governed by the rules of the High Court, Patna, as far as they may be applicable. Schedule 2 ------------ Form No. I (Rule 3) In the Court of the District Judge Original Petition No..............of 20.. In the matter of the Special Marriage Act, 1954 A B - Petitioner C D - Respondent E F - Co-respondent (Petition under section ....... of the Special Marriage Act, 1954 and rule.........of the rules under Special Marriage Act.) Form No. II (Rule 8) In the Court of the District Judge Original Petition No of 20.............. In the matter of the Special Marriage Act, 1954 A B - Petitioner C D - Respondent E F - Co-respondent Petition presented on Petition filed on Notice issued on Where on the ...........day of .........20 the abovenamed petitioner filed a petition against the respondent for...............(specify the relief) you are hereby required to appear in this Court on the ...............day of .............. 20....... at 10.30 A.M. (6.30 A.M. in case of morning sittings) in person or by pleader duly instructed and able to answer all material question relating to the above proceeding. Also take notice that in default of your appearance on the aforesaid day the issues will be settled and the petition heard and determined in your absence. You shall also bring with you or send by your pleader any documents which the petitioner desires to inspect and any documents on which you intend to rely in support of your defence. You are required to file a written statement in Court on or before the ..............day of..............20.......... Given under my hand and the seal of the court, this day of 20 District Judge Note. - A copy of the petition accompanies this notice. Rules Under Section 44 of the Arbitration Act (X of 1940) ### 213. (1) (a) These rules shall be called the Arbitration Rules, 1956. All references therein to the 'Act' shall mean the Arbitration Act, 1940 (X of 1940). (b) These rules shall come into force with effect from the date they are [published] [Published at pages 97 to 206 of Part III of the Bihar Gazette, dated the 23rd May 1956.] in Bihar Gazette. (2) Title of application. - (a) Save as hereinafter provided, all applications, affidavits and proceedings, under the Act, shall be instituted in the matter of the Act, and in the matter of the Arbitration. (b) Applications under Chapter IV of the Act shall be instituted in the suit or matter in which order of reference is made. (c) Applications under section 34 of the Act shall be instituted in the suit which the applicant seeks to have stayed. (d) Applications under section 7(2) of the Act shall be instituted in the matter of the insolvency in which the reference to arbitration is sought or claimed. (e) Applications under sections 14(2) and 20(1) of the, Act shall, if the court is satisfied that the petition is in order, be numbered and registered as regular suits. Other applications under the Act shall be numbered and registered as Miscellaneous Judicial cases. (3) Mode of application. - All applications under the Act shall be made petition and shall be presented to the proper court in the same manner as plaints or other applications. The petition shall be verified in the manner prescribed by rule 15 of Order VI of the Code of Civil Procedure, 1908, or if the Court so directs, supported by an affidavit. (4) Content of petition. - The petition shall be divided into paragraphs, numbered consecutively and shall contain the name, description and place of residence of the petitioner and the opposite party, a statement in summary form- (a) of all material facts; (b) of the facts showing that the court to which the application is presented has jurisdiction to deal with it; and (c) of the nature of the relief asked for; and shall specify the names, descriptions and places of residence of other persons liable to be affected thereby. (5) Applications to the Court which are consented to by the parties affected thereby shall be made with the consent of the said parties endorsed thereon and signed by them. (6) The forms (J)44, (J)45, (J)46, (J)47, (J)48 and (P)40, which will be found in the High Court General Rules and Circular Orders (Civil), Volume II shall be used for the purposes to which they severally relate with such variations as the circumstances of each case may require. (7) (i) In a reference under section 13(b) of the Act the question of law and the facts out of which they arise shall be distinctly stated in Form No. (J)44. A copy of the arbitration agreement, if any, shall be annexed to such reference. The Arbitrators or Umpire making the reference shall give notice of the action taken by them to the parties concerned. (ii) When the Court has pronounced its opinion under section 14(3), it shall be the duty of the Arbitrators or Umpire making the reference to have a certified copy of such opinion added to and made a part of the award. (8) Every application under section 14(2) of the Act for filing an award in Court shall be in writing. (9) Every application made to a Court under section 20(1) of the Act shall be accompanied by the original agreement or if the same be not in the possession or control of the applicant, then a copy, thereof. (10) After a petition has been presented the Court may, if it is not in order or according to law, reject it. If it is not so rejected, the Court shall direct notice thereof to be given to all persons mentioned in the petition and to such other persons as may seem to it to be likely to be affected by the proceedings, requiring all or any of such persons to show cause, within the time specified in the notice, why the relief sought in the petition should not be granted. Such notice shall be accompanied by copies of the petition and the affidavit, if any, copies being supplied by the petitioner. (11) The petitioner shall deposit the necessary process fees for service of notice on the other parties concerned (including persons likely to be affected by the proceedings) within seven days of the order directing the issue of notice or within such further time as the Court may, for sufficient cause shown, allow. (12) (i) The Arbitrators or Umpire or any of the parties to the arbitration may cause an award of signed copy thereof to be filed in Court in the manner prescribed in Rule 3. (ii) Where an award is filed by the Arbitrators or Umpire under section 14(2) of the Act, they shall send to the Court under sealed cover the award or a signed copy thereof together with any proceedings or depositions and documents which may have been taken and proved before them and the opinion pronounced by the Court on the special case under section 14(3) of the Act, if any, together with the full address of all the persons who are parties in the arbitration proceedings. They shall also send with the award a copy of the notice given to the parties concerned under section 14(1) of the Act together with an affidavit of service of such notice and of attestation of their signatures on the award. If the sealed cover is sent by post, it shall be sent under registered cover, acknowledgement due The award so filed shall form part of the record. (iii) Where the award is filed by a party to the arbitration under clause (2), any party to the arbitration may move the Court to direct the Arbitrators or Umpire to produce before it any proceedings or depositions or documents which may have been taken and proved before them together with the record of the arbitration which may be in their possession. (13) The Court shall forthwith issue notice of the filing of the award or a signed copy thereof- (i) to the other parties concerned, if any of the parties to the arbitration has filed it, on the requisites being supplied by that party; or (ii) to all the persons concerned who are parties in the arbitration proceeding free of costs when it has been filed by the Arbitrators or Umpire under section 14(2) of the Act. (14) Limitation for application for judgement on award. - An application for judgement in terms of an award shall not be made until after the expiration of 30 days from the date of service of the notice of filing the award. (15) When an application under section 20(1) of the Act is filed and registered the Court shall, on the application, issue a notice, returnable within not less than 10 days from the date of service thereof, calling upon the opposite party to show cause why the arbitration agreement should not be filed. (16) (i) Processes to parties to the arbitration proceedings or to witnesses shall be issued by the Court on the written application of the Arbitrators or Umpire. (ii) If the proceedings are under Chapter II of the Act, the application for such processes must be accompanied by a copy of the agreement under which the Arbitrators or the Umpire is acting. If, otherwise, the date of the order appointing an Arbitrator or Umpire shall be mentioned in the application. (17) The Court-fees and process-fees chargeable for all petitions shall be in accordance with the Court-fees Act and the rules for the levy of process-fees in force for the time being. (18) Form No. (P)40, so far as it can be made applicable, shall be used with necessary modifications in issuing the notice required to be given by the Court for the purposes of the Act. (19) The orders of reference under sections 20(4) and 23(1) of the Act shall be made in Form No. (J)47. (20) The order of appointment of Arbitrators or Umpire under sections 8(2) and 12 shall be made in Form No. (J)48. (21) Every application under section 21 of the Act shall be made in Form No. (J)45 with due regard to the provisions of rule 5 above. (22) In making the award under the Act, the Arbitrators or Umpire, as the case may be, shall use Form No. (J)46 for the purpose. (23) With regard to the preservation, interim custody or sale of any goods which are the subject-matter of a reference, Courts shall be guided by the relevant provisions of the Code of Civil Procedure and of the rules in Chapter VI of Part I ante. (24) The rules in Chapter X of Part I ante shall, as far as they are applicable, apply to appeals under section 39 of the Act. (25) In matters not provided for in the foregoing rules or in the Act, the provisions of the Code of Civil Procedure, 1908, and the Patna High Court General Rules and Circular Orders (Civil) mutatis mutandis shall apply to all proceedings before the Court and to all appeals under the Act. Rules under Sections 14 and 21 of The Hindu Marriage Act, 1955 (Act XXV of 1955) ### 214. (1) Short title and commencement. - (i) These rules may be called the Hindu Marriage Rules, 1956. [G.L. 1/58] (ii) The Rules shall come into force on the date of [publication] [Published in the Bihar Gazette, dated the 7th August, 1957 (vide notification no. 221-R, dated the 23rd July, 1957.] in the Bihar Gazette. (2) Definitions. - (i) 'The Act' means the Hindu Marriage Act, 1955 (Act XXV of 1955). (ii) 'Court' means the court mentioned in section 3(b) of the Act. (3) Form of the proceeding. - The following proceedings under the Act shall be initiated by original petition:- (i) Under section 9 for restitution of conjugal rights; (ii) Under sub-section (1) of Section 10 for judicial separation; (iii) Under sub-section (2) of Section 10 for rescinding a decree fa judicial separation; (iv) Under section 11 for declaring a marriage null and void; (v) Under section 12 for annulment of a marriage by a decree of nullity; (vi) Under section 13 for divorce; (vii) Under section 26 to make, revoke, suspend or vary an order or provision regarding the custody, maintenance or education of minor children. (4) Every other proceeding, subsequent to the original petitions mentioned in rule 3, shall be initiated by an interlocutory application. (5) Every petition, application, affidavit, decree or order under the Act shall be headed by a cause title in Form No. 1 given in the Schedule to these rules with such variation as may be necessary and shall be drawn up, so far as possible in the forms prescribed in the Schedule to the Indian Divorce Act, 1869 (IV of 1869). (6) When a husband or a wife is a lunatic or an idiot, any petition under the Act, other than a petition for restitution of conjugal rights may be brought on his or her behalf by the person entitled to his or her custody. (7) Petitions of minors. - (i) Where the petitioner is a minor, he or she shall sue by his or her next friend to be approved by the Court; and no petition presented by a minor under the Act shall be filed until the next friend has undertaken in writing to be answerable for costs. Such undertaking shall be filed in Court, and the next friend shall thereupon be liable in the same manner and to the same extent as if he were a plaintiff in an ordinary suit. (ii) The next friend shall file an affidavit alongwith the petition which shall state the age of the minor, the next friend has no adverse interest to that of the minor and that the next friend is otherwise a fit and proper person to act as such. (iii) The Court may, on considering the affidavit and such other material as it may require, record its approval to the representation of the minor by the next friend or pass such orders as it may deem fit. (8) Contents of petitions. - In addition to the particulars required to be given under Order VII, Rule 1 of the Code of Civil Procedure, every original petition shall state- (i) the place and the date of the marriage; (ii) the names of the parties and their occupation; (iii) The principal permanent address, where the parties co-habited including the address where they last resided together; (vi) the names of children, if any, of the marriage together with their date of birth or ages; (v) if prior to the date of the petition there has been any proceeding between the parties to the petition with reference to their marriage in any court in India, the result and the full particulars thereof; (vi) if the petition is for restitution of conjugal rights, the date on or from which and the circumstances under which the respondent withdrew from or terminated conjugal relationship with the petitioner; (vii) if the petition is for judicial separation or divorce, the matrimonial offence alleged or other grounds upon which the relief is sought together with full particulars thereof so far as such particulars are known to the petitioner e.g.:- (a) in the case of alleged desertion, the date and the circumstances under which it began; (b) in the case of presumption of death, the last place where the parties lived together and the date when and the place where the respondent was last seen or heard of as alive and the steps, if any, taken to ascertain his whereabouts; (c) in the case of cruelty or adultery, the specific acts of cruelty or adultery and the occasions when and the places where such acts were committed; (d) in the case of incurable unsoundness of mind, the time when such unsoundness began to manifest itself the nature and period of any curative steps taken, together with the name and address of the person, if any, who treated for such unsoundness of mind: (e) in the case of leprosy, or venereal disease in a communicable form when such ailment began to manifest itself, the nature and the period of the curative steps, if any, taken, together with the name and address of the person who treated for such ailment and whether or not such ailment was contracted from the petitioner; (f) in case of an allegation' of fraud, a complete specification of the facts which constitute the fraud; (viii) if the petition is for a decree of nullity of marriage on the ground specified in clause (c) or clause (d) of Section 12 of the Act, the time when the facts relied on were discovered and whether or not marital intercourse with the consent of the petitioner took place after the discovery of the said facts; (ix) if the petition is by a husband for divorce on the ground that the wife is living in adultery, or judicial separation on the ground that his wife committed adultery with any person, the name, occupation and place of residence of such person, so far as they can be ascertained; (x) if the petition is by a wife for divorce on the ground that the husband is living in adultety, or judicial separation on the ground that her husband committed adultery with any woman, the name, occupation and place of residence of such woman, so far as they can be ascertained; (xi) if the petition is by the wife for divorce on the ground that her husband has been guilty of rape, sodomy and beastiality, all particulars in proof of the same, accompanied by a certified copy of judgement, if any, in case of conviction; (xii) if the petition is one for a decree of dissolution of marriage or of nullity or annulment of marriage or for judicial separation, that there is no collusion or connivance between the petitioner and the other party to the marriage or alleged marriage; (xiii) the details of the property, if any, mentioned in section 27; (xiv) set out at the end the relief or reliefs sought, including any claim for- (a) damages against the co-respondent, (b) custody, care and maintenance of children, (c) permanent alimony and maintenance, and (d) costs. Where a claim is made under (c) the petitioner shall specify the annual or capital value of the husband's property, the amount of his annual earnings and other particulars relating to his financial resources and also the annual or capital value of the wife's property. (9) Verification. - Statements contained in every petition shall be verified by the petitioner or some other competent person in the manner required by the Code of Civil Procedure for the time being in force for the verification of plaints. (10) Application for leave under section 14 of the Act. - (i) Where any party to a marriage desires to present a petition for divorce within three years of such marriage, he or she shall obtain leave of the Court under section 14 of the Act on ex parte application made to the court in which the petition for divorce is intended to be filed. (ii) The application shall be accompanied by the petition intended to be filed bearing the proper court-fee under the law and in accordance with the rules. The application shall be supported by an affidavit made by the petitioner setting out the particulars of exceptional hardships to the petitioner or exceptional depravity on the part of the respondent on which leave is sought. (iii) The evidence in such application may, unless the Court otherwise directs, be given by affidavit. (iv) When the Court grants leave, the petition shall be deemed to have been duly filed on the date of the said order. Within a week of the said order or within such further time as may be fixed by the Court, the petitioner shall file sufficient number of copies of application for leave and order of the Court thereon and of the petition for divorce for service upon the respondents in the petition. (11) Service of copy of application for and order granting leave on the respondents and procedure after service. - (i) When the Court grants leave under the preceding rule a copy of the application for leave and order granting leave shall be served on each of the respondents alongwith the notice of the petition for divorce. (ii) (a) when the respondent desires to contest the petition for divorce on the ground that leave for filing the petition has been erroneously granted or improperly obtained, he or she shall set forth in his or her written statement the grounds with particulars on which the grant of leave is sought to be contested. (b) The Court, may, if it so deems fit, frame, try and decide the issue as to propriety of leave granted as preliminary issue. (c) The Court, may, at the instance of either party, order the attendance for examination or cross examination of any deponent in the application for leave under the preceding rule. (12) Every petition made under the Act shall be accompanied by a certified copy of the certificate from the Hindu Marriage Register, if any, prescribed by the State Government about the solemnisation of the marriage under the Act. A petition for divorce on any of the grounds mentioned in clauses (viii) and (ix) of sub-section (1) of Section 13 of the Act shall be accompanied by a certified copy of a decree for judicial separation or for restitution of conjugal rights as the case may be. (13) When a petition is admitted, the Chief Ministerial Officer of the Court shall assign a distinctive number to the petition and all subsequent proceedings on the petition shall bear that number. (14) Alongwith the petition the petitioner shall furnish a copy thereof for service on the respondent and if a co-respondent is impleaded, an additional copy for service on him, together with the fee prescribed under the Court-Fees Act for service of notices. (15) (i) Notice of the petition shall be in Form No. 2 given in the Schedule to these rules for settlement of issues and shall require the respondent and the co-respondent, if one is named in the petition, to enter appearance in person or by pleader, and file a written statement not less than seven days before the day fixed in the notice. (ii) The notice together with a copy of the petition shall be served on the respondent and the co-respondent, if named, in the manner prescribed in Order V of the Code of Civil Procedure, not less than 21 days before the May appointed therein: Provided that the Court may dispense with such service altogether in case it seems necessary or expedient so to do. (16) Co-respondent in husband's petition. - In any petition presented by a husband for divorce on the ground that the wife is living in adultery or judicial separation on the ground that the wife has, since the solemnisation of the marriage, been guilty of adultery, the petitioner shall make the alleged adulterer, if alive, a co-respondent in the said petition, unless he is excused from so doing by an order of the Court which may be made on any or more of the following grounds which shall be supported by an affidavit in respect of the relevant facts- (i) that the respondent is leading the life of a prostitute, and that the petitioner knows of no person with whom the adultery has been committed; (ii) that the name of the alleged adulterer is unknown to the petitioner, although he has made due efforts for its discovery; (iii) that the alleged adulterer is dead; (iv) for any other sufficient reason that the Court may deem fit to consider. (17) Respondent in wife's petition. - Unless otherwise directed, where a wife's petition alleges adultery with a woman named and contains a claim for costs against her, she shall be made a respondent in the case. (18) Intervention. - (i) Any person other than a party to the proceeding including a person charged with adultery or sodomy, not made a respondent or corespondent, shall be entitled to appear and intervene in the proceedings the application shall be supported by an affidavit setting forth the fact on the basis of which the intervention is sought for. (ii) Notice for the application together with a copy of the affidavit shall be served on all parties who shall be at liberty to file counter affidavits. (iii) If after hearing all the parties, the Court grants leave, the intervenor may take part in the trial subject to such terms and conditions as the Court may deem fit to impose. (iv) If the Court is satisfied that the intervention was made without sufficient cause, it may order the applicant to pay the whole or part of the costs occasioned by the intervention. If on the other hand, the Court finds that the intervention is justified it may pass suitable orders for payment to the applicant the whole or any part of the costs of intervention. (v) A person to whom leave to intervene has been granted may file in the Court an answer to the petition or written statement containing the charges or allegations against such intervenor. (19) Written statement in answers to petition filed by respondents. - The respondent may and, if so required by the Court shall present a written statement in answer to the petition and the provisions of Order VIII of the Code of Civil Procedure shall apply mutatis mutandis to such written statements. In particular, if in any proceedings for divorce the respondent opposes the relief sought in the petition on the ground of the petitioner's adultery, cruelty or desertion, the written statement shall state the particulars of such adultery, cruelty or desertion. (20) Damages. - Any husband may, in a petition for divorce, claim damages from the co-respondent on the ground of his having committed adultery with the wife of such petitioner:- (i) Such petition shall be served on the said co-respondent and the wife unless the Court dispenses with such service in accordance with the provisions of rule 15. (ii) The damages to be recovered on any such petition shall be ascertained by the Court, although the respondent or either of them may not appear. After the decision has been given, the Court may direct in what manner the damages shall be paid or applied. (21) Costs. - The Court may direct that the whole or any part of the costs of the petitions for nullity of marriage or for divorce, incurred by any of the parties to such petitions may be paid by any of the other parties thereto: Provided that the co-respondent shall not be ordered to pay the petitioner's cost- (i) if the respondent was at the time of the adultery living apart from the husband and leading the life of a prostitute; or (ii) if the respondent had not, at the time of the adultery, reason to believe the respondent to be a married woman. The award of costs shall be in the discretion of the Court and the Court shall make an order of the same while passing the decree. (22) Unless otherwise directed by the Court, the costs of the petition under the Act shall be costs as taxed in suits under the Indian Divorce Act IV of 1869. (23) Appeals under the Act shall be governed by the relevant rules in the Patna High Court General Rules and Circular Orders, Civil or by the Rules of the High Court at Patna, as the case may be, so far as they may be applicable. Schedule 3 ------------ Form No. I (Rule 5) In the Court of the District Judge Original Petition No.......of 20 In the matter of Hindu Marriage Act, 1955- A B - Petitioner C D - Respondent E F - Co-respondent (Petition under section of the Hindu Marriage Act, 1955 and rule......................of the rules under Hindu Marriage Act.) Form Np. II (Rule 15) In the Court of the District Judge Original Petition No. ....... of 20 In the matter of Hindu Marriage Act, 1955- A B - Petitioner C D - Respondent E F - Co-respondent Petition presented on Petition filed on Notice issued on Whereas on the day of 20 the abovenamed petitioner filed a petition against the respondent for...........(specify the relief) you are hereby required to appear in this Court on the day of...................20 at 10.30 A.M. (6.30 A.M. in case of morning sitting) in person or by pleader duly instructed and able to answer all material question relating to the above proceeding. Also take notice that in default of your appearance on the aforesaid day, the issues will be settled and the petition heard and determined in your absence. You shall also bring with or send by your pleader any documents which the petitioner desired to inspect and any documents on which you intend to rely in support of your defence. You are required to file a written statement in Court on or before the day of.........20......... Given under my hand and the seal of the Court, this the...............day of 20.............. District Judge Note. - A copy of the petition accompanies this notice. Part III – Records -------------------- Chapter I The Classification of Records of Judicial Proceedings -------------------------------------------------------------------- ### 215. The records of judicial proceedings, whether suits or cases, are divided into six classes. This classification relates only to the preparation and the preservation or destruction of the record, and does not affect any other classification of suits or cases for the purpose of returns or statements. ### 216. Class I includes records of- (a) Suits for or affecting immovable property other than suits under Order XXXIV, Civil Procedure Code, 1908. Note. - Suits under section 9, of the Specific Relief Act, 1877, should be included, not in this class, but in class III. (b) Suits in respect of the succession to an office, or to establish or set aside an adoption, or otherwise determine the status of an individual. (c) Suits relating to public trusts, charities or endowments. (d) Proceedings under the Indian Divorce Act, Suits under the Hindu Marriage Act and the Special Marriage Act and Suits for dissolution of marriage by exercise of the option of puberty under the Muhammadan Law. [G.L. 8/22, G.L. 1/58] (e) Suits for perpetual injunctions and declarations of right in matters other than those specified in clauses (a), (b) and (c) above. (f) Suits between landlord and tenant to determine the rate of rent, or in which a question of the right to enhance or vary the rent of a tenant, or any question relating to a title to land or to some interest in land as between parties, having conflicting claims thereto., is in issue. Note. - The phrase "suits between landlord and tenant to determine the rent" refers only to such suits as are brought expressly for the determination of the rate e.g., under section 52 of the Bihar Tenancy Act, and should not be extended to cover all cases in which the rate at which rent is payable is brought in issue. (g) Cases under section 158 of the Bihar Tenancy Act, 1885, to determine the incidents of a tenancy. (h) Cases under section 109A(2) of the Bihar Tenancy Act, and section 87(2) of the Chota Nagpur Tenancy Act. (i) Cases under section 84 of the Bihar Tenancy Act. (j) Cases under the [Mussalman Wakf Act, 1923 (XLII of 1923)] [Now, see Waqf Act, 1995.] , and applications for the sanction required by the Muhammadan Law for the transfer of Wakf property. (k) Applications under the Charitable and Religious Trusts Act (XIV of 1920). (l) Applications under sections 14 and 20 of the [Arbitration Act, 1940 (Act X of 1940)] [Now, see Arbitration and Conciliation Act, 1996.] . (m) Applications under sections 32(3), 43(1) and 48 of the 'Bihar Hindu Religious Trusts Act (I of 1951). (n) Appeals under section 70, sub-clause 2(b) of the Bihar Hindu Religious Trusts Act (I of 1951). (o) Applications under sections 11, 22, 32, 34, 36, 41, 46, 49, 53, 71, 72, 73 and 74 of the Indian Trusts Act (II of 1882). ### 217. Class II includes records of- (a) Suits under Order XXXIV of the Code of Civil Procedure, 1908. (b) Suit for declaration of a right to maintenance with or without a charge on immovable property or to determine the rate thereof. (c) Contested and uncontested suits and cases for Probate and Letters of Administration, and for the revocation of the same. Note 1. - The custody and the preservation of a will itself is provided for by Chapter VI, and consequently a will is not a part of the record within the meaning of this rule, unless Probate or Letters of Administration have been refused. Note 2. - Orders in an enquiry made at the instance of the Collector under clause 5 of Section 19H of the Court-Fees Act, VII of 1870, should be written on the order-sheet of original cases to which they relate; and the papers of the proceedings will form part of the original case. (d) Cases under Guardians and Wards Act, 1890, and the Hindu Minority and Guardianship Act, 1956 (Act 32 of 1956) relating to the guardianship of minors and the administration of their property (e) Cases under the [Indian Lunacy Act, 1912] [Now, see Mental Health Act, 1987.] relating to the guardianship of lunatics and the care of their estates. Note. - An application by an executor or administrator or by the guardian of a minor or lunatic, to sell, mortgage or otherwise dispose of property belonging to the estate, is an application in the case, and together with all the proceedings connected with it, must form part of the record of the case. (f) Cases for Succession Certificate under the Indian Succession Act, 1925. (g) Application under section 30 of the Industrial Finance Corporation Act, 1948 (Act XV of 1948). (h) [ Application under section 31(1) of the State Financial Corporation Act, 1951.] [Inserted by C.S. No. 29.] ### 218. (1) Class III includes records of- (a) All suits which do not come under Class I or Class II, excluding suits of the Small Cause Court class which are tried in the Regular Civil Courts under the procedure prescribed for Small Cause Courts and suits falling under Class III-A. (b) suits for the recovery of arrears of maintenance. (c) Cases under part VII of the Indian Succession Act (XXXIX of 1925). Cases under the Land Acquisition Act, 1894, Parts III and IV. Cases under the Land Registration Act, 1876, section 59. Cases under the Transfer of Property Act, 1882, section 83, regarding the redemption and foreclosure of mortgages. Cases under the Legal Practitioners, Act (Act XVIII of 1879). Cases under the Bihar Tenancy Act, 1885, sections 91 to 93. [G.L. 5/65.] Cases under the Civil Procedure Code for a declaration of insolvency, or under the Provincial Insolvency Act, 1920. Cases under the Bengal Wills and Intestacy Regulation, 1799, section 7, regarding the property of intestates in which a claimant appears. (d) Applications to sue or appeal in forma pauperis, if rejected. (e) Cases under sections 98(8) and 99 of the Bihar Tenancy Act. (f) Applications under section 78 of the Village Administration Act, 1922 (III of 1922), and under sections 70 and 73 of the \*Bihar Panchayat Raj Act (VIII of 1948)]. (g) Applications under section 5 of the Religious Endowments Act, 1863 (XX of 1863). (h) Cases under section 17 of the Payment of Wages Act, 1936 (IV of 1936). (i) Applications for deposit of money under section 24 of the Bihar Money-Lenders Act, 1938 (Bihar Act III of 1938). (j) [ Cases arising out of Election Petitions under the Bihar District Board Election Petitions Rules, 1939.] [For Election cases arising out of Representation of People Act, 1951, See H.C. memo. no. 2232- 44, dated 25th February, 1958 read with H.C. letter no. 7132-45, dated 1st August, 1958.] (k) [Deleted] (l) Cases arising out of Election Petitions under the Bihar Municipal Election Petitions Rules, 1941. (m) [Deleted] (n) [Deleted] (o) Application under sections 7, 8, 9, 11, 12 and 33 of the Arbitration Act, 1940 (Act X of 1940). (p) Applications under sections 28(3) and 47 of the Bihar Hindu Religious Trusts Act (Act I of 1951). (q) Applications under section 22 of the Hindu Succession Act, 1956 (Act 30 of 1956). (r) Such other cases as the High Court may from time to time direct to be included. (r) [ Application under section 11 of the Bihar Panchayat Samiti and Zila Parishads Act, 1961. [Inserted by C.S. No. 29.] (s) Petition under rule 149 of the Bihar Panchayat Samities and Zila Parishads (Elections, Co-options and Election Petitions) Rules, 1963.] (2) Class III-A includes records of- (a) Suits for arrears of rent under the Bihar Tenancy Act where the claim does not exceed Rs. 250. (b) Cases under section 153 (last paragraph) of the Bihar Tenancy Act. (c) Applications under sections 11B and 12(3) of the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2000. (d) Applications under sections 75, 89, 113, 141, 234, 240 and 614 and cases under sections 118, 144, 163, 196, 219, 304, 307 and 375 of the Companies Act, 1956 (1 of 1956). (e) [Deleted] (f) Applications for compensation under section 110A of the [Motor Vehicles Act, 1939.] [Now Motor Vehicles Act, 1988.] Note. - Proceedings under the Civil Procedure Code for the transfer or for the restoration of a suit or appeal, or for a review of judgement, are proceedings in the suit or appeal, and must form part of the record relating thereto. ### 219. (1) Class IV includes- Proceedings in execution of decrees in suits belonging to Classes I, II, and III. (2) Class IV-A includes- Proceedings in execution of decrees in suits belonging to Class III-A. Note 1. - Under the law, all such proceedings are proceedings in the suit and they must be entitled as such; but for the purpose of the arrangement and ultimate disposal of the record, each application for execution shall be treated as a separate case, the record of which shall include the papers on all matters connected with the execution from the date on which the application was presented until it is finally disposed of. Note 2. - Proceedings by which decrees are sent or transferred for execution are included under this general heading. Note 3. - Orders under section 169 of the Bihar Tenancy Act should be written on the order-sheet of the case on which the proceedings arise and the papers relating thereto should form part of the record of the case. ### 220. Records of suits of Small Cause Court class tried under the Small Cause Court Procedure by Judicial Officers empowered under section 25, Act XII of 1887, shall be disposed of in accordance with the rules hereinafter provided for records of Courts of Small Causes (Chapter V). ### 221. A separate record having its own order-sheet and containing appropriate papers or extracts from the original record should be started in proceedings under the Criminal Procedure Code arising out of a suit, appeal or execution case. A reference to the initiation and termination of the proceedings will be made in the order-sheet of the original suit, appeal or case and the record of the proceedings will be kept in the record room with that of the original suit, appeal or case, annexed to that file thereof which under the rules is to be preserved for the shortest period. Chapter II The arrangement, preparation and inspection of records in the trial court. ------------------------------------------------------------------------------------------ I. Arrangement and Preparation of Records A. The division of the Records into Files ### 222. Every record shall as hereinafter provided consist of one or more of the following files to be ordinarily preserved for periods noted against each;- | | | | | --- | --- | --- | | [File A [Inserted by C.S. No. 77, dated 25.6.1987.] | - | For ever. | | File B | - | For 12 years. | | File C | - | For 6 years. | | File CI | - | For 3 years. | | File D | - | For 6 years. | | File D1 | - | For 3 years.] | ### 223. Every record under Class I shall consist of three files to be styled and marked, respectively, File A, File C and File C-1. ### 224. File A shall contain- (a) Table of Contents. (b) Order-sheet. (c) The plaint or application, together with any schedule annexed thereto. (d) The written statement of the defendant or the counter petition. (e) Memorandum of the issues. (f) Award of Arbitrators or petitions of compromise, if given effect to in the decree; also the return or report and the map and field-book (if any) of a Commissioner in matters relating to immovable property, if referred to or given effect to in the decree, but not any portion of the evidence taken by such Commissioner; also, in the case of Minors or Lunatics, any order of the Court sanctioning a Compromise as beneficial to the Minor or Lunatic. (g) The preliminary decree (if any), with the further directions (if any) given and the judgement upon which the preliminary decree is founded. (h) The Judgement. (i) The final decree. (j) The copy of the judgement and decree of the Appellate Court or Courts (if any). ### 225. File C shall contain- (a) Table of contents. (b) All the evidence, oral and documentary, upon which the subject matter of the suit is decided. (c) Lists of documents admitted in evidence. ### 226. File C-1 shall contain- (a) Table of contents. (b) All other papers. ### 227. Every record under Class II shall consist of two files to be styled and marked File B and File C-1. (a) File B shall contain the papers specified and included in Files A and C. Class I. Note. - Security bonds filed in cases mentioned in clauses (c) and d) and applications referred to in the note under clause (e) of Rule 217 as also other papers the preservation of which has been directed by the Judge, will form part of File B. (b) File C-1 shall contain all other papers. Note. - The paper of the proceedings of an inquiry made at the instance of the Collector under clause 5 of Section 19H of the Court Fees Act, VII of 1870, should be kept in this file. ### 228. Every record under Class III shall consist of two files to be styled and marked File C and File C-1 and every record under Class-III-A shall consist of [Two files to be styled and marked File D and D-1 containing all the papers relating to the case.] [Substituted by C.S. No. 78, dated 25.6.1987.] File C shall contain the papers specified and included in Files A and C of Class I and File C-1 shall contain all other papers. [File D shall contain the claim petition, order-sheet award and decree, and File D-1 shall contain other paper relating to the case.] [Inserted by C.S. No. 78, dated 25.6.1987.] ### 229. (a) Every record under Classes IV and IV-A shall, except as provided in sub-rules (b) and (d) consist of one file which shall contain all the papers relating to the case. It shall be styled and marked File D where the decree under execution has been passed in a suit belonging to Class III-A and File C in all other case. (b) It the proceeding comprised in a Class IV record arose out of an application to execute a decree in a suit included in Class I, and question is determined as to the construction of the decree, of its effect as regards all or any of the parties thereto, the record shall be divided into two files to be styled and marked respectively File A and File C. (c) In cases falling under sub-rule (b), File A shall contain- (a) Table of contents. (b) The Order-sheet. (c) The application for execution. (d) The petition raising any question as to the construction the construction, effect or effect of the decree, and any counter-petition, (e) The judgement of the Court on such question. (f) The copy of the judgement of the Appellate Court or Courts (if any). (d) Where delivery of possession of immovable property has been made in execution of a decree for recovery of possession or where immovable property has been sold in execution of a decree and the sale has been confirmed, the record shall be divided into two files to be styled and marked respectively File B and C-1, the essential papers, namely, the order-sheet, the application for execution, the copy of the sale certificate and the writ of delivery of possession with Nazir's report being placed in File B and other papers in File C-1. ### 230. (a) Every record of an Appellate Court shall be arranged in the same way as that of the Court of Original Jurisdiction except that there shall be no C File in respect of Class I records, the papers which would belong to that file where additional evidence is taken being attached to the C-1 File. (b) The files must be marked A, B, C or D as in the Court of First Instance according to the nature of the case. Note 1. - The copy of the judgement and decree which accompany a memorandum of appeal should be placed with File C-1. Note 2. - In the case of Civil Appeals except miscellaneous appeals the certified copies of judgements and decrees filed with the memorandum of appeal should be returned to the appellants on their applying for them after the disposal of the appeals, since the original record is kept with the appellate record in the district record room. In the case of appeals from the decisions of Settlement Officers and civil miscellaneous appeals, these documents should not be returned, but should be retained with the appellate records until the "C" File with which they are placed is due for destruction. ### 231. The distribution of papers into the proper files must be made immediately after the first hearing and shall be continued from day to day as the case proceeds. ### 232. Notwithstanding anything contained in the foregoing rules, the record in the following cases shall be preserved for one year and shall consist of one file only unless such distribution has already taken place before disposal- (i) Where the plaint [or Memorandum of appeal] [Inserted by C.S. No. 18.] has been rejected. (ii) Where the case has been dismissed under Order IX, Rule 2 in consequence of the plaintiffs failure to pay cost of summons to the defendant, or Rule 3 where neither party appears. [G.L. 2/85] (iii) Where the cases has been dismissed on satisfaction before decree. [G.L 6/47] (iv) Where the plaint or memorandum of appeal has been returned for presentation to proper Court. Note 1. - In case (ii) the file will be split up when an application for restoration is filed. Note 2. - In cases where costs have been awarded by the final order the record should be classed as File C. On the record of every such case the Court Muharrir shall stamp or write conspicuously the words "rejected", "dismissed for default", satisfaction" or "plaint returned", as the case may be. B. Title Page ### 233. To each file of every record shall be prefixed a title page in the prescribed form showing the period of its preservation. Note. - No title page need be attached to records of cases referred to in Rule 232 until these are called for by some superior Court. Then the title page of the first file according to classification, shall be attached. ### 234. The title pages shall be of different colours:- | | | | | --- | --- | --- | | File A | ... | White | | File B | ... | Red | | Files C and C-1 | ... | Yellow | | File D | ... | Blue | | [File D1] [Inserted by C.S. No. 79, dated 25.6.1987.] | ... | Colour Blue | C. The Table of contents ### 235. The table of contents shall be written in English day by day as the case proceeds, and except as otherwise provided shall show all the papers in the file in the order they are filed. A separate serial number will be assigned to the order-sheet (e.g., i, ii, iii, iv, etc.) and it will not be taken into account in giving page marks to the other papers in the file. ### 236. The transfer of any paper from one file to another shall be noted in the table of contents of both the files. ### 237. Document filed in any case and the exhibits are not to be entered in the table of contents; but their lists are to be shown in their proper places in the table of contents. D. The Order Sheet ### 238. The order-sheet shall be written in English and shall contain all orders passed by the Court. Note. - Orders shall not be written on petitions, reports and other similar documents. The serial number and the date of the order passed on any petition shall be noted on such petition. ### 239. The order-sheet, being intended to show the course of a suit or case from first to last, shall also contain a note of every order made in the suit or case, and shall show the date of, and the proceedings at, every hearing. It shall show, among other matters, the dates on which the plaint and written statements were filed, issues were recorded or amended, witnesses examined and the names of such witnesses, the date of the delivery of judgement, of the signing of the decree, and of any application for review of judgement or amendment of the decree. It shall also contain a note of proceedings, such as the reading of the deposition of a witness examined by Commission, the reading of a Commissioner's report, and of the fact of any objection being made thereto, and if witnesses are in attendance when a case is adjourned, the fact shall be noted. Note-Orders in proceedings under the Code of Civil procedure for the transfer, or for the restoration of a suit or appeal, or for a review of judgement (see note to Rule 218, Chapter I of this Part), should be entered in the order-sheet of the main suit or appeal. A separate order-sheet should not be prepared. In all cases the order of an Appellate Court calling for the record of a suit or appeal, should be recorded on a separate paper and reproduced on the order-sheet of a suit or appeal when the records have been received from the Lower Court. When such proceedings are disposed of without the main record being called for by the Appellate Court, the order on the application should, in the same way, be recorded on a separate paper, and directions given to the Subordinate Court to reproduce the same on the order-sheet of the main record. ### 240. Orders, the reasons for which require to be recorded at length, shall not be written on the order-sheet, but a note of the order and of the date on which it was made, shall be entered in it. ### 241. Orders directing anything to be done by the parties or their pleaders, shall be signed then and there by the parties or their pleaders. ### 242. The order-sheet may be written by an officer of the Court at the dictation of the Presiding Judge, who, however, shall sign and be responsible for the correctness of the entries in it. Rubber stamps may conveniently be used for recording routine orders. E. The Record ### 243. The pleadings, applications, proceedings and other papers in every suit or case shall be attached as the case proceeds to die files to which they belong, and shall be arranged in the order in which they are brought before the Court. ### 244. The depositions of witnesses for each party shall be arranged in the order in which they are given. The examination of the parties recorded by the Court under Order X, Civil Procedure Code, shall precede such depositions. The depositions of witnesses examined by the Court shall be placed after the depositions of witnesses for the parties. F. Document ### 245. Documents admitted in evidence shall be marked with figures 1, 2, 3, etc., and capital letters A, B, C, etc., accordingly as they are admitted on behalf of the plaintiffs or defendants and separate lists of such documents in Form No. (J) 11 shall be prepared by the Bench Clerk which will be signed by the Presiding Judge. The entries in these lists shall be made day by day. [G.L. 15/19, G.L. 1/ 22, G.L. 4/60, G.L. 3/65] ### 246. When there are two or more parties of defendants, the documents of the first party may be marked A-1, B-1, C-1, etc.. and those of the second, A-2, B-2, C-2, etc. (a) Where an exhibit forms part of a voluminous document, such account book, Khata and counterfoil receipt book, etc., it should be clearly indicated by means of a slip of paper pinned to the sheet or page on which it occurs, the exhibit mark being noted on the slip. (b) When an entry in an account book is admitted in evidence the portion so admitted shall be clearly indicated by enclosing the same in red ink. ### 247. When documents are admitted at the instance of the Court and neither party is willing to accept them as evidence on his behalf; they shall be marked as I, II, III, etc. ### 248. When a number of documents of the same nature are admitted, as for example, a series of rent receipts, the whole series should bear one number or capital letter, a small letter or small number being added beneath the number or letter, and separated from it by a line to distinguish each paper of the series. ### 249. Exhibit must not be defaced in any way except in so far as the Law permits, that is to say, by marking them as Exhibits filed in a case. [G.L. 3/23] ### 250. When a document of historical or antiquarian interest is in question the Court should make every possible endeavour to prevent it being defaced by endorsement or exhibit marks or by having the seal of the Court impressed upon it. If the parties not agree to a photograph copy being substituted for the original, the document may be enclosed in a sealed cover or in a locked or sealed box, the necessary particulars being endorsed outside such box or cover. If every other means fails measures should be taken for the safe custody of the document pending instructions from higher authorities. ### 250A. [ [Inserted by C.S. No. 82, dated 7.9.1987.] Any party to a suit or proceeding may file Photo state copy of any valuable and important document and the original thereof may be produced at the time of evidence. The original document may be returned to the party concerned soon after it has been inspected or put in evidence unless its retention is considered necessary. In case retention of original document is considered necessary by the Court, all measures should be taken by the Court for its safe custody.] ### 251. When an original document, after being marked for the purpose of identification, is returned, and a copy thereof substituted under the provisions of Order VII, Rule 17, or Order XIII, Rule 5, Code of Civil Procedure, a note of the return of the original shall be made in the lists referred to in the preceding rules. ### 252. When any public document (not being the record of a suit or of a judicial proceeding) or a document in public custody has been produced in Court in compliance with a summons the Court shall after the document has been inspected or put in evidence, as the case may be, cause it to be returned with the least possible delay to the officer from whose custody it has been produced after the preparation of such copies as the Court may require under Order XIII, Rule 5, clause (2) , Civil Procedure Code, unless its detention is considered to be necessary till the delivery of the judgement. Note. - While returning any public document, the Court shall make an endorsement therein near about the exhibit mark and by a separate order in the order-sheet of the case direct that it shall not be destroyed without previous permission of the Court and the Court shall not accord such permission until the trial is concluded, or in case where appeal lies until sufficient time has elapsed for appeal, or, if an appeal is preferred, until the determination thereof. The Court shall forward to the department concerned a copy of the order and before according permission for destruction, shall satisfy itself that no appeal is pending. The term "appeal" includes a second appeal and an appeal to the Supreme Court. ### 253. Should any document or book produced at any time in the course of the proceeding, present a suspicious appearance or be held by the Court to be forged or fabricated, the Court shall make a note of the fact on the order-sheet of the case and direct therein that it shall be kept in safe custody and shall not be returned to the parties concerned without permission of the Court. The Court shall not accord such permission unless all proceedings connected with such document or book have been completely disposed of. A note in red ink to the above effect shall also be made in the exhibit list as well as on the list with which the document has been filed in Court. A similar note shall be made on a separate piece of paper which shall be attached to document or book concerned.. ### 254. Where the Court does not make any direction to the contrary unexhibited documents, if not returned earlier, shall, at the conclusion of the trial, be returned to the person producing them or his pleader after he has signed the receipt for the same in the proper column on the list. A pleader, when required to do so, is bound to take back any document produced by his client and to sign the receipt referred to above. [G.L. 3/29] ### 255. (1) A private person, not a party to the suit, producing a document in Court in compliance with a summons, should be required to state in writing the address to which the document is to be returned, if not returned to him personally. If it is desired that the document should be returned to a pleader, a vakalatnama shall be filed alongwith the document. (2) Where the document is not tendered or admitted in evidence it shall be returned at once to the person producing it either personally or by registered post. (3) Where the document is admitted in evidence, a certified copy thereof shall be prepared and placed on the record, if not already there. The original shall then be returned to the person producing it personally or by registered post, or to his pleader unless the genuineness of the document is in controversy, in which case the original shall, unless the court otherwise directs, be returned after the trial is concluded', or, in cases where an appeal lies, after sufficient time has been allowed for appealing, or, if an appeal is preferred, after the determination thereof. The word "appeal" includes a second appeal where a second appeal lies. (4) (a) In the case of voluminous documents, such as account books of collections of zamindari papers, which cannot conveniently be returned by registered post, the person producing them shall, if they are not returned to him at once, be informed in due course by registered letter that he is at liberty to take them back, and that his reasonable travelling expense will be furnished. (b) This procedure shall also be adopted where the person producing the document states in writing at the time of production that the document is of value to him and that he will take it back personally. (5) In cases where the person producing a document has any pleader or mukhtar authorised to take back documents on his behalf the document may be returned under the foregoing rules to such pleader or mukhtar, unless at the time of production the person producing it states in writing that it should be returned to him personally or by registered post. (6) (a) Before a document such as is referred to in sub-rule (1) is called for at the instance of a party to the suit, such party shall deposit a sum sufficient to meet such expenses as are likely to be incurred, including the cost of returning the document by registered post, the cost of preparing a certified copy under sub-rule (3) and in cases under sub-rule (4) the travelling expenses both ways of the person producing the document. (b) In cases under sub-rule (4) the travelling expenses shall be transmitted to the person producing the document alongwith registered letter therein referred to. ### 256. A period of three months from the date of the decree should ordinarily elapse before the documents exhibited in a case are returned to the person who produced them. The Presiding Officers of outlying Courts should see that exhibits are as far as possible returned before the periodical despatch of the records to the District Record-Room. ### 256A. [ [Inserted by C.S. No. 3.] Rule 298 of Chapter IV shall in so far as it is not inconsistent with these rules apply to applications for the return of documents from the courts.] II. Inspection of Records ### 257. No record not deposited in the Record-Room shall be inspected without the permission of the Presiding Officer of the Court to whose file it appertains. ### 258. The Presiding Officer may either in his presence or in the presence of his sarishtadar allow inspection of any such record to public officers and pleaders in the case subject to the general conditions laid down for inspection of Records in the Record-Room (vide chapter IV, Rules 312 et seq post). [G.L. 9/24, G.L. 1/ 38, G.L. 10/53] Note. - The permission of the Presiding Officer may be obtained on a written application in Form No. (M) 41 which will be supplied free of cost. Chapter III The transmission of Records to the District Record-Room ------------------------------------------------------------------------ ### 259. The records of decided, contested and uncontested suits and of Classes I, II, III and III-A other than those referred to in rule 232, of the preceding chapter, and the records of miscellaneous non-judicial cases and of cases belonging to Classes IV and IV-A shall be forwarded to the District Record-Room by Judicial Officers at headquarters in the course of the second month and by Judicial Officer at out-stations in the course of the fourth month next succeeding that in which they were decided or disposed of. [G.L. 1/35, G.L. 1/36] Note 1. - For the purposes of this rule suit in which preliminary decrees are made should be regarded as finally disposed of only when the final decree has been passed but where in suits for partition the final decree cannot be drawn up owing to the failure of the party concerned to pay stamp duty of the requisite value, the record shall be forwarded to the District Record-Room by the Courts at headquarters on the expiry of six months, and by the Courts at out-stations on the expiry of one year, after the date on which the final decree was passed. Note 2. - In suits relating to mortgage, if no final decree is passed the record shall be retained in the Trial Court for three years from the date fixed for the payment of the sum declared in the preliminary decree to be due. [G.L. 5/41] Note 3. - Where the decree directs a partition, or under Order XX, Rule 12 of the Code of Civil Procedure, an enquiry as to rent or mesne profits, and no final decree is passed, the record shall be retained in the Trial Court for three years from the date of the preliminary decree. ### 260. The District Judge shall fix the dates on which in the course of the month the records from each Court at headquarters and out-Room, the dates being so arranged as to secure an even distribution of work in the Record-Room. Note 1. - The orders passed by the District Judge under this rule, fixing the date for the transmission of records, shall be copied and posted in the Record-Room and in the offices of the Courts to which they relate. Note 2. - A list in Form No. (R) 20A should be kept posted each year in the Record-Room showing clearly for each court the dates of which the records are due for deposit and the dates on which they are actually received. ### 261. (a) A separate list in Form No. (R)20 written in English shall accompany the records of each class. These lists should be of uniform size to enable their being bound up in separate annual volumes for each class of records of the same Court so as to constitute a catalogue of records in the Record-Room to be preserved for the same period as the records to which they relate. [G.L. 5/52] (b) The list required by this rule shall be prepared in duplicate and shall contain an entry of every suit or case other than those referred to rule 232 of the preceding chapter, disposed of during the period. The duplicate copy shall be forwarded to the District Judge, under a separate cover and will be returned to the issuing Court duly signed by the Record-Keeper who shall acknowledge that the records have been received. The duplicate copies shall be preserved for three years unless the period is extended by the District Judge. Note. - Zanetic, that is, pen carbon paper should be used in making duplicate copies if a typewriter is not available. (c) If any record included in the list is kept back for any reason the fact should be noted in the remarks column, clearly distinguishing between those kept back though due for despatch and those referred to in notes 1-3 to rule 259, which though entered in the list are not yet due for despatch. The "kept back" records of both such classes should be entered also in a separate list to accompany the despatch list. ### 262. The records of cases referred to in rule 232 of the preceding chapter shall be entered in a separate list [in Form No. (R) 20] and kept in the respective Courts to which they belong and will be destroyed after one year from the date of final disposal unless there has been an order for restoration to file. When such destruction takes place the fact should be noted in such list and in the Court's Register against the entry for the particular case. The list referred to above shall be preserved for three years. [G.L. 6/47. HC. letter no. 2765-80, dated 26th February, 1965] ### 263. When preparing the list [in Form No. (R) 20] referred to in the preceding rule, a second hole shall be punched with a triangular punch, on each court-fee label distinct from the first in the records mentioned in the said rule, and a note shall at the same time be made upon the title page or the first sheet of each record of the date on which the stamps on documents contained in it have been so punched. Note. - Before signing the order of destruction of such records, the presiding Officer shall satisfy himself that court fee labels have been repunched with a triangular punch. ### 264. All registers which have to be permanently preserved shall, after 12 years from the date of the last entry therein, be sent to District Record-Room with a list in Form No. (R) 21. Chapter IV District Record-Room ------------------------------------ I. Record-Room Arrangement and the General Duties of the Record-Keeper ### 265. "The Record-Room" is a room set apart for the storage of decided cases and the "Record Keeper" is the ministerial officer in immediate charge of such records. ### 266. It is desirable, and whenever possible it should be arranged, that each Record-Room shall have only one combined entrance and exit, and that the Record-Keeper's table shall be so placed that no one can enter or pass papers out of the Record-Room unseen by him. Note. - Repunching peons should work near the Record-Keeper's table. ### 267. All windows, doors or openings in the walls of the Record-Room, and all inner and outer windows, doors or openings giving access from the Record-Room, to any office or verandah which is not part of the Record-Room, shall be protected by iron gratings and wire-netting, in such manner as to render it impossible that papers should be passed through them, and the Record-Keeper shall, by periodical inspection, satisfy himself that the railings and netting are in good order. ### 267A. [ [Inserted by G.S. No. 14.] The Record-keeper shall be the custodian of the keys of the Record-Room. Where the civil courts are in reasonable proximity to the Revenue Courts, duplicate keys of the Record-Room shall be kept in a sealed cover with the Head Constable of the Treasury Guards who should be instructed to hand over the keys only in the event of an alarm of fire between sunset and sunrise, or upon presentation of written order from the Judge-in-Charge, Record-Room. In other case, the duplicate keys shall be kept by a Selection Grade Clerk of the Civil Courts to be appointed as custodian for the purpose by the District Judge. The clerk so appointed should be required to live as near as possible to the Civil Court buildings. The keys shall be sent for once a year in the month of April, examined by actual insertion in the locks and returned either to the Head Constable of the Treasury Guards or to the Clerk appointed for the purpose, as the case may be, under fresh seal. For other precautionary measure, the instructions contained in Government Resolution Nos. 2745J, and 2746J, dated the 30th October, 1909, No. 529J, dated the 11th May 1910, and other instructions issued by the Government from time to time, should be followed.] ### 268. The Record-Keeper must obtain and keep in his guard-file a copy of the instructions issued by Government for the protection of buildings and records against fire, and he will be held responsible for ensuring that these instructions are carefully observed. ### 269. The distribution of work among the clerks should so far as possible, be arranged on the basis of the various Courts in the district, each clerk dealing with the records of the Court or Courts of which he is in charge and all matters connected with them. ### 270. The Record-Keeper shall submit to the Judicial Officer placed by the District Judge-in-charge of the Record-Room a fortnightly progress report in Form No. (M) 30. [G.L 7/46] ### 271. A plan and index of the Record-Room shall be prepared by the Record-Keeper on the lines of the specimen plan and form of Index reproduced as Appendix C, and as Form No. (M) 31 respectively in Volume II, and should be hung up in a conspicuous place in his office. The place should indicate the position and serial number of the several racks and almirahs in each room, and the entrance to, and number of, each room. It should also include an end section of the racks, showing the serial number of the several shelves in each. The information required for the "Index" should be set out below the plan by Courts. ### 272. This plan and index must be kept up to date, and should be corrected yearly after the periodical destruction of record has been carried out. ### 273. The rooms, racks and shelves in the Record-Room should be numbered conspicuously. the rack number should be fixed at the end of each rack nearest the passage way, and at a height where it can easily read; the letters A and B should be marked to denote the left and right hand shelves of the rack. ### 274. An Index-board, typed or printed in foolscape size in Form No. (M) 32, should be hung up in a conspicuous place at the end of each rack. ### 275. Every almirah in the Record-Room should be clearly marked outside with a letter or figure and the shelves therein should be numbered. A list in English showing its contents should be kept in each almirah. ### 276. The Record-Keeper shall keep in a guard-file all inspection notes (or copies thereof) made by the District Judge or by any other officer on inspecting the Record-Room, and shall note on the margin of such notes the action taken, upon them. ### 277. Registers not in current use and kept in the Record-Room, should be arranged on shelves vertically and should be labelled on back of the volume. II. Receipts of Records in the District Record-Rooms ### 278. On the arrival of a batch of records in the District Record-Room, the Record-Keeper shall see- (a) that each record is stamped with a rubber stamp bearing the words "District Judge's Record-Room", the name of the district and date; (b) that the records correspond in number and description with the entries in the despatch lists; (c) that a second hole is punched with a triangular punch, on each Court-fee label distinct from the first and a note is at the same time made upon the title-page of each record of the date on which the stamps on documents contained in it have been so punched; (d) that the classification and arrangement under Chapters I and II of this Part have been carried out; that the contents of each file correspond with the Table of Contents, that the papers bear the Court-fee stamps shown in such table; that the stamps have been duly cancelled and that the papers requiring Court-fee stamps have been properly stamped: (e) that all records kept back in the trial courts after the due date for despatch under Rule 261(c), Chapter III, Part III, are entered in Register (R)19 so that they may be dealt with under rule 308. Note. - The second or triangular punching of Court-fee stamps prescribed in this rule should be made on the day the records are received in the District Record-Room, and should not await the inspection or examination of records. ### 279. If in the course of carrying on the duties enumerated in these rules, the Record-Keeper finds that any stamp shows signs of having been tampered with or discovers any deficiency, irregularity in cancellation, or other circumstance exciting suspicion, he must at once submit a report to the Judge-in-Charge of the Record-Room. Note. - The reports should be submitted separately for each record and should not be delayed until the examination of a complete batch of records is concluded. ### 280. The Record-Keeper shall enter the date of the receipt of the records, the date on which they were actually due and the number of records received, in the space provided in the despatch list. Should there have been material delay in despatching the records, the fact should be brought to the notice of the Judge-in-Charge. ### 281. Reports under rules 279 and 288, if forwarded under the orders of the District Judge for explanation to Courts concerned, should be submitted to the Judge-in-Charge on return, and when finally disposed of should be filed by the Record-Keeper in chronological order, and in a separate Court. III. Arrangement of Records in the Record-Room ### 282. The records in the district Judge's Record-Room should be arranged by Courts, different racks being allotted for the records of each Court whenever the number and disposition of racks permit of this arrangement. ### 283. The records of each Court for each year should be made up into bundles, each such bundle containing records of only one of the classes referred to in rules 216-219, Chapter I of this Part, according to their dates of disposal as shown on the title-pages. [G.L. 9/49] ### 284. The bundles will be arranged on the racks, class by class, and in each class year by year in sequence. As the time for destruction of records of Classes II, III, IIIA and IV (other than those comprising a files and IV-A of a particular year arrives, the bundles for that year will be removed from the rack or section of a rack which they occupy, and the rack will then become available for the records of the in-coming year. ### 285. If the records of a Single Court for one year cannot be contained in one bundle, the bundles should be serially numbered so as to show the total number of bundles for that year. Thus, if there are three bundles, they should be numbered 1-3, 2-3 and 3-3 respectively. The bundle numbers should be shown in column 7 of the bound lists, and should be altered as the bundles are amalgamated on destruction of records. ### 286. The bundle shall be of foolscape size. To the back and front of each bundle a flat board or a piece of stout mill board, of the same width as the record, should be tied. Each bundle should be of sufficient depth of occupy fully the depth of the shelf. ### 287. Against each bundle will be exhibited a label in Form No. (M) 34 showing in bold figures the dates on which the different files therein contained are liable for destruction. These labels should be of a uniform size and should have paste board backs. ### 288. As the bundles decrease in size owing to the removal or destruction of records, the Record-Keeper will re-arrange the bundles so as to fill up the depth of the shelf on which they stand, and should re-write, if necessary, the index referred to in the previous rule. ### 289. A wooden board, or tin-sheet index 8-13, setting out in English, the Court and the class of records kept on each shelf of the record rack should be so hung on the shelf that it can be removed when the position of the records is for any reason altered. ### 290. Where the system of depositing records in cloth bundles exists it should be discontinued as possible and the system of flat bundles laid down in these rules should be introduced provided that this can be done within the available Record-Room grant. Meanwhile the bundles should be indexed as indicated in these rules. IV. Custody, Removal and Transmission of Records and Documents Contained Therein ### 291. No record should be retained in a District Record-Room which does not find an entry in one of the prescribed Record-Room registers. ### 292. No record deposited in the Record-Room shall be removed or allowed to be removed, by the Record-Keeper, except for the use of the. officers of the Court or with the sanction of the Judge-in-Charge of the Record-Room. ### 293. When a record is called for, except by superior Judicial authority or by a Civil Court acting under Order XIII, Rule 10. of the Code of Civil Procedure, the Court or officer calling for it shall state the circumstances which render its production necessary. The Judge may decline to forward it if in his opinion no sufficient grounds are shown. It is improper and inconvenient that records of the Courts of Justice should be sent to other public officers or functionaries. If a reference to their contents is required, the proper procedure is ordinarily to obtain copies of the requisite papers. [G.L. 4/26, G.L. 6/54] Note. - Civil Judges of every grade should exercise a careful discretion in acting under the provisions of Order XIII, Rule 10, Code of Civil Procedure. ### 294. No requisition made under the provisions of Order XIII, Rule 10 of the Code of Civil Procedure, by a Court subordinate to any of the High Court other than the High Court at Patna for production of the record of a case appertaining to, and in the custody of a Court subordinate to the High Court at Patna should be complied with unless such requisition is transmitted through the High Court at Patna and is accompanied by copy of the affidavit referred to in the rule above quoted together with a duly certified translation into English if such affidavit be in the vernacular. Note. - The above procedure will apply when a Civil Court subordinate to the High Court at Patna calls for a record appertaining to and in the custody of any other High Court or Court subordinate thereto. ### 295. When, in the course of proceedings in a Criminal Court, it becomes necessary to refer to the contents of records deposited in another court, the ordinary procedure is to require copies of the necessary papers to be filed. It frequently happens, however, that in the course of a criminal trial the production of an original record becomes necessary. In such cases the Court where the record is deposited shall comply with the requisition of the Criminal Court even though the reasons given for the production of the original record may be considered insufficient. ### 296. All requisitions for documents or records other than those received from the Copying Department shall on receipt be entered by the Record-Keeper (or by a clerk under the Record-Keeper's personal direction) in a Register in Form No. (R) 18, and then handed for compliance to the clerk in charge of the required document or record. The latter shall immediately enter the application in a Register in Form No. (R)19, and bring the required document or record to the Record-Keeper, who shall then despatch it to the requiring Court, after noting compliance in column 4 of Register (R)18. [H.C. memo no. 3500-14, dated 29th March, 1996] When a requisition is so defective that the Record-Room staff cannot comply with it, it shall be returned to the requiring Court or Officer, and the Record-Keeper shall note the return in column 4 of Register (R) 18. In Record-Room where the records have been divided into several separate charges for administrative convenience, each clerk in charge of a separate batch of records shall maintain a copy of Register (R) 19 in respect of the records in his charge. On the return of the documents or record, he shall note in this Register the date of such return. Note 1. - A separate requisition shall be sent for every record or for any number of documents out of the same record called for by any Court. Note 2. - A memorandum of removal with the date should also be made in the remarks column of the despatch list against entry relating to a record removed. Note 3. - Requisitions for records should, at the time of registration under this rule, be stamped with a date stamp and numbered serially. Note 4. - All actions necessary to comply with a requisition for a record including the preparation of the letters to accompany the record and advising the despatch in Form Nos. (M) 3 and (M)2, and packing and despatch of the record shall be taken by the Record-Keeper or a clerk in his office deputed for the purpose. Note 5. - All requisitions for records should be despatched without delay. Note 6. - Such records on receipt should be forthwith placed and carefully kept with the records of the cases in connection with which they have been requisitioned. Note 7. - After disposal of the case in question, such records must be returned to the Record-Rooms at latest at the time of the next periodical despatch of records. At the time of each periodical despatch of records certificate under the signature of the Court and countersigned by the Serishtadar to the effect that all outstanding records called for reference in cases disposed of up-to-date have been returned and records retained or kept back under the notes to rule 259, or rule 261(c) , Chapter III, Part III, and which have subsequently become due for despatch or which are no longer required have been despatched, shall be forwarded with the records despatched. Note 8. - Requisitions received and issued for records and replies thereto shall be treated as correspondence and shall be entered in Register (R) 19A or (R)19B as the case may be, kept by or under the supervision of the Serishtadar of the court. ### 297. In complying with a requisition for copies of papers contained in a record, the Record-Keeper should not permit the entire record to be removed to the Copying Department, but only such documents as are specified in the application, unless the documents specified in the application constitute the entire record. All such requisitions shall on receipt in the Record-Room be entered by the Record-Keeper or a clerk to be specially deputed for the purpose in Register No. (R) 17. Note 1. - Applications for Information should be noted in this register in red ink. Note 2. - Clerks of the Record-Room establishment should bring to the notice of the Record-Keeper any delay on the part of the Copying Department in returning documents to the Record-Room and the Record-Keeper should take such steps as will secure their return. ### 298. (a) Applications for the return of documents from records in the District Record-Room shall be made in Form No. (M)42 to the Judge-in-charge of the Record-Room during the time to be fixed by the District Judge. The Judge-in-Charge will initial the printed order "Return if no objection" and transmit the applications to the Record-Keeper immediately on the expiry of the time so fixed. The Record-Keeper or a clerk deputed specially for the purpose shall then enter the applications in a Register in Form No. (R)22. [G.L. 5/45. G.L. 2/49] (b) If the application has been made by the proper person and there is no objection to its being allowed, the Record-Keeper or any other clerk specially deputed for the purpose shall return the documents ordinarily on the next open day of the Court under the supervision of the Judge-in-Charge or any other gazetted officer specially appointed by the District Judge for the purpose, during the time to be fixed by the District Judge. The dated signature of the person to whom the document is returned shall be obtained on the application and in the list of exhibits in acknowledgement of the receipt of the document as well as in column 8 of the Register. The application when complied with shall be attached to the file containing the documents. If the applicant does not appear to take hack the document within three days from the date of filing the application, his application shall be rejected. (c) [ If the application has not been filed by the proper person, or is defective in respect of material particulars and the information furnished is not sufficient to enable the documents to be traced by any other means or there is any objection to the return of document, or if the document cannot be returned on account of its non-availability or otherwise, the application with a report of the defects noted on it shall be submitted ordinarily on the next open day of the court to the Judge-in-Charge who on the perusing the report will pass appropriate orders. Such applications as cannot be complied with for any of the reasons mentioned above shall be returned to the applicant by the Record-Keeper in the presence of the Judge-in-Charge during the time to be fixed by the District Judge, to be refiled after removing the defects if possible. In case the applicant does not turn up to take back the defective application, or is not available, within three days of the filing of the application, the application shall be rejected. If the application is refiled it shall be proceeded with as before. The date of refiling the application shall be entered in red ink in column 2 of the Register in Form No. (R)22 under its original serial number and entries in columns 7 and 8 thereof in respect of refiled applications shall be made below the original entries against the fresh entry in column 2.] [Substituted by C.S. no. 4.] Note 1. - The rejected applications shall be collected in monthly bundles in chronological order and preserved for three months. Note 2. - The form of application for return of documents can be obtained from Nazir at two paise each or two rupees per hundred. ### 299. Whenever, a record or a document from a record is removed from the Record-Room there shall be inserted in its place a removal slip in Form (M) 36 in which a full description of the record or document and the purpose and the date will be entered. Such slip shall be initialled by the Record-Keeper. [or the clerk handling the application for requisition.] [Inserted by C.S. no. 47, dated 26.12.1973.] Where, however, a document or record is removed in compliance with a requisition from any Court such requisition shall be used as a removal slip. When a record is removed for any purpose which would have the effect of transferring it to some other collection in the Record-Room by reason of an alteration in the date of disposal for purposes of destruction (e.g., in connection with appeal, remand, petition of re-hearing, restoration, review, etc., respecting the same case) no such removal slip will be necessary. ### 300. If the record removed is to be sent to another Court the word "Removed" shall be stamped on its title page in bold type. ### 301. The records of cases called for by the High Court, on appeal from the judgements and orders passed therein should be despatched within seven days from receipt of the requisition in the event of any delay occurring in their despatch, a reply should be sent explaining the cause or delay and the probable date of their despatch. [G.L. 5/19, G.L. 9/23, G.L 2/30, G.L. 2/42, G.L. 2/48] Note. - Whenever, voluminous documents such as account books, khata and counterfoil receipt books, etc., are sent to the High Court in connection with an appeal of reference, care should be taken to see that the instructions contained in clause (a) of Rule 246 have been complied with. ### 302. Records of execution cases sent up in appeal to the High Court should invariably be accompanied by all the papers connected with them in the Lower Courts, whether original or appellate. ### 303. The following instructions should be observed in transmitting records from one Court to another:- (a) If the two Courts are situated in the same station, the record should be despatched by hand properly packed with a despatch register in which a serial number and date should be entered, and the signature of the recipient should be taken. The serial number and date appearing in the despatch register should be reproduced in the remarks column of the Register of records removed. If the requisitioning Court is situated in a different station, records should ordinarily be sent by parcel post, the postage being paid by means of service stamps. But if the transmitting court whether Civil, Criminal or Revenue, thinks fit, the record may be sent through a special messenger, in which case, on intimation thereof being given (and such intimation should be given forthwith), the cost of sending the special messenger including his pay and travelling allowance, if any, shall be realized in advance by the requisitioning court from the party calling for the record, and shall be paid under an order of the requisitioning court. Civil Courts should ordinarily refrain from issuing summons for production of a record through a clerk or special messenger, leaving it to the transmitting court to decide by what method the record shall be sent. [G.L. 2/24] (b) Records relating to different cases may, if not inconvenient be packed in the same parcel provided such records are separately tied up. (c) In the parcel containing a record should be enclosed a forwarding letter, and the cover of the parcel should bear the distinguishing number and date of that letter. (d) A letter of advice should be forwarded simultaneously with the despatch of the parcel by post but separately and by ordinary letter post, and in it the number and date of the forwarding letter referred to in the preceding clause should be quoted. (e) An acknowledgement should invariably be required from the Court to which a parcel containing a record has been sent and in the event of none being received within a reasonable time, enquiry should be made to ascertain the cause. Note 1. - All letters advising the despatch of civil records to the High Court and parcel containing such records, as also all returns of civil processes issued by the High Court, should be addressed to the Deputy Registrar of the High Court, Appellate Side. Note 2. - The procedure in clause (a) of this rule is to be followed also where the District Judge sends for a record from his own Record-Room. ### 304. When a record is received back in the Record-Room the following procedure should be followed:- (a) The record shall be carefully examined by the Record-Keeper to see J that it is complete and in order. If the Record-Keeper notices that any document is missing or that the record discloses any other defect, he Should at once report the matter to the Judge-in-Charge who should, if necessary, draw the attention of the District Judge. (b) An entry should be made in column 8 of the Register of records I removed, and initialled by the Muharir making it. (c) The entry in the despatch list should be cancelled. (d) The removal slip should be removed from the bundle, the entry upon ill cancelled, and the record restored to its place. (e) If the record is not restored to its original bundle for any reason, a note\* should be made in the despatch list that it is kept with Record No. of .................of the Court. (f) An acknowledgement in the prescribed form is to be sent. Note. - Above procedure, as far as applicable, is to be followed when documents sent to the Copying Department are received back. The entry referred to in clause (b) is to be made in the appropriate Register [Form (R)17], ### 305. When an original record which has been called for an appeal, is received back in the Record-Room together, with the judgement and other papers relating to the disposal of the appeal in the Appellate Court, the original and the appellate records should be kept together. These records should be arranged according to the date of the appellate judgement. [G.L. 9/49] ### 306. The record of an appeal transferred to another district for hearing shall after disposal of the appeal be deposited in the Record-Room of the district i which the appeal had been instituted. Note. - The Court hearing the appeal will send the record to the district of its origin after the expiry of the period of appeal to the High Court. If there is such an appeal the record will be sent after it is received back from the High Court. ### 307. Original records received back from the High Court, together with the High Court's judgement on appeal, should be kept together and indexed "High Court Appeals". These records should be arranged according to the date oft High Court's final judgement. A note should also be made against the various entries relating to the records in the remarks column of the despatch list, showing where the respective records may be found, and giving the date of the final judgement of the High Court. ### 308. It is the duty of the Record-Keeper to see that records sent out are returned and that records kept back though mentioned in the list are despatched without undue delay. With the object he shall cause the serial number of records not returned or kept back after the due date of despatch to be brought forward and entered in red ink in the register of records removed before any entries are made relating to a new year. He should also cause to be prepared from this register a Reminder list consisting of entries of all records which have been out of or kept back from the Record-Room after their due date for more than three months. On the return or receipt of any such record the entry relating to it prescribed by this rule should be struck out, and in the case of a record kept back the entries in the remarks column of the despatch list and in the separate list prescribed by rule 261 (c) of Chapter III should also be cancelled. If the record is not restored to its original bundle for any reason, a note should be made in the despatch list that it is kept with record number of of the Court. Note. - In the case of records referred to in Notes 1, 2 and 3 of Rule 259 of the preceding chapter this rule shall come into operation only after the expiry of the periods mentioned therein. [G.L. 5/41] ### 309. From time to time reminders should be issued by the Record-Keeper in respect of such records, and if they do not result in the return of the record, he should take the orders of the Judge-in-Charge. Note. - A note of all reminders issued should be made in the Reminder list and in the remarks column of the Register of records removed. ### 310. [ [Substituted by C.S. No. 76 dated 1.5.1985.] Reminders relating to records sent to the High Court should be issued in the first instance on the expiry of twelve months and thereafter at intervals of not less than six or more than twelve months.] ### 311. The above rules so far as they are applicable shall be followed in sending and in complying with requisitions for Records in pending cases. V. Inspection of Records ### 312. The Record-Rooms of Civil Courts are not open to the public but public officers of the district including Serishtadars, may, with the permission of the Judge-in-Charge, be allowed to enter the Record-Room and to examine the record of any specified case free of any charge provided that such entry is made in pursuance of a public purpose. ### 313. On a written application in Form No. (m) 41 with the prescribed fee affixed to it, pleaders duly authorised by an person in that behalf, may, under similar conditions, and at a place to be provided for the purpose in the Record-Keeper's Office, examine any specified record; but in doing so, shall make only brief notes (to be written in pencil on lips to be provided by the Record-Keeper. If any extract from the record is required, it shall be obtained through the Copying Department in the usual way. Applications for inspection of records shall be kept pending for three days, during which period the relevant records shall remain available for inspection. If the pleader does not appear to inspect the record within this period, the application shall be rejected and no inspection will be allowed on such application. Note. - A notice in the sense of this rule should be exhibited, in English, in the office in which records are inspected. No Legal Practitioner shall be allowed access to the Record-Room or the offices appertaining thereto, otherwise than in accordance with this rule. ### 314. Pleaders duly authorised by any person in that behalf may be allowed to inspect Registers of Suits and Appeals maintained under the Rules of the High Court at a time and place to be fixed by the Presiding Officer or the Judge-in-Charge, as the case may be. ### 315. The inspection of records by pleaders shall be allowed only on days on which the Court is open, and during such office hours as the Judge-in-Charge may prescribe. ### 316. Defective applications for inspection of records shall be returned to the parties concerned after noting the defects thereon for compliance. If the applications are re-filed after removing the defects within three days from the date on which they are returned, they shall be accepted and dealt with in the usual course. Applications filed after three days shall be rejected. ### 317. [ [Substituted by C.S. No. 22.] All disposed of applications including rejected application for inspection of records of decided cases shall be kept separately in monthly bundles in chronological order and preserved for three months. All disposed of applications including rejected application for inspection of records of pending cases shall be kept attached with the respective records.] ### 318. For the inspection of documents or records a separate table should be set apart, which should be kept clear and so placed as to be in full view of the Record-Keeper. All inspections must be carried out at this table under the supervision of the Record-Keeper or a clerk deputed by him for the purpose. VI. The Destruction of Records ### 319. The periods of preservation of different files laid down in Rule 222, Chapter II of this Part, shall be calculated as regard suits, cases, or appeals of Classes I, II, III and IIIA from the date of the final decree or order: Provided that the period of preservation of the record of a suit or case where the decree or the order directs payment by instalments, shall commence from the date of last instalment allowed by the Court, except in the case of Files C-1 of such records which may be destroyed in accordance with above rule. Note. - Where in a suit for partition the necessary steps for obtaining a new final decree are not taken within twelve years from the date of the preliminary decree, Files C and C-1 of the record of the suit shall be destroyed on the expiry of that period. ### 320. In cases of Classes IV and IV-A, such period shall be reckoned from the date on which the application for execution was finally disposed of by the Court executing the decree or by a Court of Appeal, whichever is the later date. For the purposes of this rule, each execution record shall be dealt with separately, irrespective of any other application to execute the same decree or order. ### 321. Cases under section 7 of the Bengal Wills and Intestacy Regulations, 1799. regarding the property of intestates, in which no claimant appears, and cases arising out of applications for the refund of lapsed deposits shall be treated as miscellaneous non-judicial cases and the records thereof shall be classed as C files and preserved for 12 years. The records of all other miscellaneous nonjudicial cases shall be destroyed at the end of three years from the date of disposal. ### 322. Exhibits which can be conveniently preserved with the records of the trials in which they have been used shall not be destroyed, but shall be kept in their proper files and shall be preserved with such files until the period for the destruction of the B, C and D files, viz., 25, 12 [and 12 years respectively] [Substituted by C.S. No. 35. dated 19.11.1973.] shall have arrived, when they shall be destroyed alongwith their files. ### 323. Cumbrous and bulky exhibits, e.g., account books, khatas, zamindari papers and the like, which cannot be conveniently put up with the records of the trials in which they have been used, but which have to be preserved separate, e.g.. in almirahs, boxes and bundles, may be destroyed earlier, under the orders of the District Judge, after the expiry of the period of one year from the date of the decree in each case becoming final, and of one month from the date of service of a final notice in Form No. (P) 41 Note. - This notice should be served upon the parties or their pleaders concerned at their last known address. The original notice is to be attached to the file and when destruction takes place the fact should be noted on the list of Exhibits. ### 324. Destruction of records should he carried out quarterly and the Record-Keeper shall, in the first month of each quarter, cause the B, C and D files which are due for destruction to be removed from their shelves for the purpose. As each record is destroyed, the necessary entries should be made in column 8 of the bound lists and on the Index Board. ### 325. Requisitions, Acknowledgements Reminder Lists, Removal Slips and Defect Reports for which there is no further use shall be destroyed at such intervals as the Judge-in-Charge may direct. ### 326. The destruction of all papers shall be carried into effect by burning in the presence of the Record-Keeper or one of his assistants. [G. L. 10/19] Chapter V Records of the Court of Small Causes --------------------------------------------------- ### 327. In Small Cause Court cases no Order-Sheet is necessary, the orders being recorded on the back of the plaint. When, however, a case becomes contested and the hearing extends for more than one day, on Order-Sheet will be attached and orders continued on it. ### 328. The Record shall be prefixed by Table of Contents and shall consist of only one file including proceedings in execution taken in a Small Cause Court. Papers connected with any proceedings will be shown in the Table of Contents under a separate heading giving the number of the case: Provided that where a Small Cause Court decree has been transferred to the Court of Ordinary Civil Jurisdiction for execution, the record should be treated and dealt with as an ordinary execution record of Class IV. ### 329. The Records of suits decided by Judges of Small Cause Courts shall remain in the Trial Courts until the period for their destruction shall arrive. ### 330. The Records of suits decided by officers vested with the powers of a Small Cause Court Judge shall, in the course of the next succeeding month, be deposited in the District Record-Room at headquarter stations and the Munsif's Record-Room at outying Munsifis and preserved there until such time as they are destroyed under these rules. ### 331. The Records shall be divided into two groups and sent in separate bundles to the Record-Room with separate lists in Form No. (R) 20, each record being prominently marked A or B in accordance with the following classification:- Group A. - Records of cases in which any one has to recover anything. Group B. - Records of cases in which no one entitled to recover anything, e.g., cases dismissed for default or on satisfaction, in which the decretal amount has been paid up before the arrival of record, etc. Note. - The Record-Keeper shall note in the lists the date of removal and return whenever a record is taken back by the Trial Court in connection with Execution and other proceedings or is called for under Order XIII, Rule 10 of the Code of Civil Procedure. The lists shall be preserved for the same period as the records to which they relate. ### 332. (a) The Record-Keeper shall arrange the records of each Court by groups and place them on the shelves in monthly bundles. (b) The records will be kept in the bundles in order of their dates of disposal. (c) The names of the groups will be prominent shown on the shelves and the space allotted to Group A should be sufficient for the accommodation of records [for twelve years] [Substituted by C.S. No 36, dated 19.11.1973.] and that to Group B for one year. (d) Besides Groups A and B there will be the following two subsidiary groups formed out of records transferred from Group A by reason of steps taken in execution or of subsequent satisfaction:- Group A-1. - Records of cases in which execution has been applied for [xxxx] [Deleted by C.S. No. 37, dated 19.11.1973.] either to enforce the decree or any unpaid instalment. Group B-1. - Records of cases in which the decree has been fully satisfied. The records of these two groups will be made up into separate monthly bundles. A-1 bundles will be kept on the shelves with A bundles and B-1 bundles with B bundles of the corresponding month. (e) The transfer of a record from A to A-1 or B-1 Group or from one bundle in A-1 Group of another bundle will be effected as occasion arises, regard being had to the provisions in clause (d) of this rule. When an execution is applied for there will be no difficulty in finding out the proper record from Group A or Group A-1 as the case may be. (f) A conspicuous note should be made of the date of disposal and of the results of the suit and of every subsequent proceeding [x x x] [Deleted by C.S. No. 38, dated 19.11.1973.] on the outer sheet of each record. ### 333. Records of Groups A and A-1 left over after transfer in pursuance of the above rules by reason of execution or other proceeding shall be destroyed [at the end of twelve years] [Substituted by C.S. No. 39, dated 19.11.1973.] , and those belonging to Groups B and B-1 at the end of one year from their dates of disposal. After twelve years from the date of decree or from the date of payment fixed by the Court all records shall be destroyed whether there has been a satisfaction or not. [Note. - The period of 12 years for the purpose of this rule is to be calculated in accordance with the provisions in column 2 of Article 136 of the Limitation Act (Act 36 of 1963).] [Substituted by C.S. No. 40 dated 19.11.1973.] ### 334. Destruction shall be carried out monthly. He Record-Keeper shall during the first week of every month remove the bundles due for destruction and note the number of the cases in a bound book to be kept for the purpose. He shall take the orders thereon of the Judge-in-Charge and then destroy the records making a note in the lists where necessary. Note. - Lists destroyed should also be entered in this book which is to be preserved [for twelve years] [Substituted by C.S. No. 41. dated 19.11.1973.] . Chapter VI Wills --------------------- Rules issued by the Governments of Bengal and Assam for the custody, preservation and inspection of Wills under Section 294 of the Indian Succession Act, XXXIX of 1925. I. Relating to the custody and preservation of Wills ### 335. All original Wills presented to the District Judge or District Delegate, in accordance with the provisions of section 244 of Act X of 1865, and section 62 of Act V of 1881, shall, immediately upon the passing of the order for granting Probate or Letters of Administration under sections 254 and 255 of Act X of 1865, and sections 76 and 77 of Act V of 1881, be committed to the care of the Head Clerk, or Chief Ministerial Officer of the Judge's or District Delegate's court, who shall be responsible for their safe custody. Sections 244, 254 and 255 of Act X of 1865 and sections 62. 76 and 77 of Act V of 1881 correspond respectively to sections 276, 289 and 290 of Act XXXIX of 1925. Note. - All Wills, as soon as they are filed in a Court for the purpose of being proved, should be make over for safe custody in the presence of the District Judge or Delegated either to the Head Clerk or to the Serishtadar of the Court, who should give a receipt for them, and should personally produce them before the Court, on the date of hearing, and, if the Will has to be retained in Court, should take a written receipt for it from the Bench Clerk. The latter officer will be responsible for the custody of the Will so long as it remains in the Court. The rule as to return of unexhibited documents shall apply to unexhibited Wills. ### 336. The said officer shall, on the receipt of each original Will, cause a copy of the same to be carefully entered in a register to be kept for that purpose, and shall also cause to be prepared an alphabetical index, in which the name o( the testator, etc., and the number and page of the register in which a copy of the Will is entered, shall be recorded in the annexed form:- | | | | | | --- | --- | --- | --- | | Name of Testator | Residence, etc. | Number and year of Register | Page | | 1 | 2 | 3 | 4 | Note 1. - Every volume of the register in which copies of Wills are made must be ruled and the pages numbered before it is brought into use, a note being made at the beginning of the volume of the number of pages it contains. Each copy should follow immediately upon that which precedes it and should be written in a clear hand, corrections being written above the line and initialled by the officer who compares the copy with the original, no erasures being permitted. All copies should be made immediately on receipt of the original, and should be compared with the original by the Serishtadar or Head Clerk, who should certify at the bottom of each page and at the end of the copy that such comparison has been made and that the copy is correct. Should the number of pages at the end of a register be insufficient to include a copy of the Will which would ordinarily be inserted there, a fresh volume should be taken into use and the blank sheets scored across, a note being added at the beginning of the volume. "Pages to blank." Note 2. - Each volume of the register should be legibly marked on the back with its own serial number, with the year to which it relates and with the serial numbers of the first and last copies contained in it. Note 3. - In preparing the alphabetical index referred to in this rule- (a) in the case of European names the surnames shall be taken as the index word and (b) Indian names shall be indexed according to their first letters as they stand in the Will, except that appellations such as Saivid, Sheikh, etc., if appearing at the beginning of the name, shall be shown in the index at the end of the name and shall be transliterated in the same form as that in which they are written in the Will. Note 4. - This rule does not apply where an application for Probate or Letters of Administration has been refused. In such cases the Will is to be attached to the record provided that this is not done before the expiry of the period for an appeal or if there has been an appeal before its disposal. This procedure is also to be followed when the order granting Probate or Letters of Administration is revoked in a subsequent proceeding or in appeal. In such cases appropriate notes should be made in the index and in the Register of Copies These instructions will have a retrospective effect and Wills in connection with unsuccessful applications the records of which have without them been transmitted of the Record-Room may now be sent to the Record-Keeper to be attached to the records to which they appertain or to be destroyed as the case may be in accordance with the rules for periodical destruction of records. ### 337. The original Wills shall be deposited in a fire-proof safe, which shall be kept in the office-room of the Head Clerk or other officer aforesaid to whom the safe custody of the Wills may have been entrusted. Where the Court has no iron safe, the Wills may be placed in a small block-tin box, the key of which shall remain with the Judge or District Delegate; and the District Registrar or Sub-Registrar of the place shall, if the Judge or District Delegate require him, lock up this box in his fire-proof safe, giving it up to the Judge or District Delegate on his written demand from time to time. Note 1- Each original Will shall have endorsed upon it the number and page of the volume in which its copy is entered, and shall be kept in a separate envelope marked outside with the same particulars and with the testator's name and the year of execution. Will should be kept in the safe or box in their proper serial order. Note 2. - When an original Will is removed from the custody of the officer responsible for it, a none of the date of dispatch and return should be made against the entry in the index prescribed in Rule 336, and for such entries sufficient space should be left in the form. Note 3. - All copies of Wills shall be prepared, in the presence of the officer responsible for the custody of the original, which shall not be removed by the copyist. The same officer shall check the copy and certify its accuracy. Note 4. - In all cases when an original Will is removed from the custody of the officer in charge, he should note upon the envelope (which should be retained in its proper place) the date and place of removal, scoring out the entry, with a note of the date, on return. Careful examination should be made of all Wills so returned, to ensure that no alterations have been made. ### 338. At the expiration of every calendar year each District Delegate shall transmit to the Court of the District Judge all the original Wills in respect of which a grant has actually been made of Probate or Letters of Administration during the year, together with the register containing the copies thereof and the index and these shall then be preserved alongwith the Wills deposited in the District Court subject to the same rules as to custody, inspection, etc. II. Relating to Inspection of Wills ### 339. Every inspection of original Wills or the register thereof, as well as applications for copies of Wills, shall be made within the hours fixed by the Judge or District Delegate, and published by a notification posted in a conspicuous place in the Court, and shall be subject to the following conditions:- ### 340. The inspection of an original Will shall be allowed only on the written order of the Judge or of the District Delegate previously obtained, and shall take place in the presence of the Head Clerk, or other officer who may have charge of the same, and that officer shall be responsible for the Will not being taken out of his sight during such inspection, and also that no erasures or alterations are made in it. Note. - The same procedure should be followed in respect of inspection of a copy of a Will in the Register. ### 341. Application of a copy of an original Will shall be submitted to the Judge or District Delegate and such copy shall only be granted subject to the conditions which attach to the inspection of original Wills. ### 342. The following fees shall be levied in Court-fee stamps or the inspection of Wills, etc:- (i) For the inspection of an original Will. Court-fee stamp of the value of one rupee. (ii) For the inspection of a copy of a Will in the Register, Court-fee stamp of the value of fifty paise. (iii) For copies, the same fee as for inspection, in addition to the copying charges, which shall be at the usual rate obtaining in the Civil Courts, and shall be levied in the same way as such charges are levied in the Civil Courts. ### 343. All applications for copies or inspection of Wills and Registers of Wills shall be entered in the Register of applications for copies prescribed by the High Court. Note. - Applications for inspection may be entered instead in the Inspection Register Form No. (R) 23. ### 344. In cases where the fees collected exceed Rs. 5 per mensem, District Judges or District Delegates may assign a moiety to the officer entrusted with the custody of the Wills, the balance being credited to Government, in cases where the collections do not average more than Rs. 5 per mensem, District Judges or District Delegates may sanction the payment to such officer of the full amount realized. Note. - District Judges should not pass bills for remuneration under this rule unless they are satisfied that the work has been carried out methodically and completely up to date. ### 345. (a) The following certificate should be appended to each bill in which the charges referred to in the preceding rule are drawn:- "Certified that the charges included in this bill have been drawn in accordance with the scale laid down by Government in the notification, dated the 23rd May, 1892, and that each Court-fee stamp for which commission is drawn is defaced with the words "Commission allowed". Certified also that the fees drawn on previous bills (with the exception of those deducted above) have been disbursed to the proper person and his receipt taken in the acquittance roll filed in my office." (b) As there is a separate Budget Allotment for the expenditure, the charges should be drawn on separate bills showing the allotment and expenditure up to date of each drawal. Note. - The rules in this chapter apply also to Subordinate Judges and Munsifs taking cognizance of proceedings under the Indian Succession Act, 1925 (Act XXXIX of 1925), under the authority conferred by section 28(2) (d) of the Bengal Agra and Assam Civil Courts Act, 1887 (Act XII of 1887). Part IV – Rules relating to information, Copies and Copying Department ------------------------------------------------------------------------ Chapter I Information and copies ------------------------------------- I. General Rules ### 346. All applications for information or copies shall be made in the prescribed form during the first two hours of the Court's sitting, to the Judge-in-Charge of the Copying Department or to some other officer designated by him for the purpose. Note. - The form of application for information or copy can be obtained from the Nazir at two paise each or two rupees per hundred. ### 347. Applications shall be consecutively numbered and registered as they are received and the date of receipt shall be noted or stamped thereon; the receipt portions after being initialled shall be forthwith made over to the applicants. Note. - Urgent applications will be entered in the register in red ink. An application for information will be entered under a sub-number to the last preceding application for copy. ### 348. Each clerk through whose hands the application passes shall put his initials and the date and hour of receipt and passing on by him on the back of the applications. These entries should be made one below the other and must be legibly written, the dates and hours being shown against the entries beyond a vertical line on the left to be drawn about three inches from the left hand side of the reverse of the application. Each clerk receiving an application shall be once comply with the requisition on its back or pass it on to another who can't do so. Note. - There should be no unnecessary delay in complying with the requisitions of the Copying Department. ### 349. Applications in respect of which the information or copy asked for cannot for any reason be given, shall be rejected. Such applications and receipts are to be destroyed at the end of the next quarter. If the application is merely defective in that search is necessary in order to trace the record, a searching fee shall be demanded and affixed to the application for copy and the information shall be supplied on the application form without any separate application, in accordance with rule 408(2) . The application shall thereupon be complied with in accordance with the rules. This concession is to be liberally interpreted in favour of the applicant for copy. Note. - When an application for copy is rejected on the ground that the original has been destroyed, the fact should be noted on the back of the application and the endorsement should be signed by the Judge-in-Charge. II. Information ### 350. Any person may apply for information from the records and registers of any Court. ### 351. Information may be asked for in one application in respect of one matter from a single record or register and shall ordinarily be limited to a single question. Note. - Questions regarding particulars of any document or record necessary to be inserted in an application for copy for its proper identification (e.g., date of document, date of disposal, number of the case, names of parties, etc.) will be treated as a single question. ### 352. Information requiring anything but short answers shall not be given. If any extract from the record is desired the proper course is to apply for a copy. ### 353. Information will be given in writing in the remarks column of the application ordinarily on the next open day after its presentation. Urgent applications for information will, if possible, be complied with on the same day. [G.L. ¼] ### 354. After an application for information has been registered it shall be sent to the Ministerial Officer in immediate charge of the record and it shall be the duty of the latter to note the necessary information and to return the application to the Head Comparing Clerk with the least possible delay. On the applicant's appearance and on his giving up the receipt referred to in rule 347 above, the application shall be made over to him. Rule 380 infra of this chapter shall apply mutatis mutandis to all application for information. III. Copies [G.L. 2/36, G.L. 5/64] ### 355. A plaintiff or a defendant who has appeared in the suit is entitled at any stage, before or after decree, to obtain copies of the record of the suit including exhibits which have been put in and finally accepted by the Court as evidence. [A party interested shall be entitled to apply for a copy of the last paragraph of the judgement only without being required to apply for a copy of the whole of the judgement as provided in Order XX, Rule 6A.] [Inserted by C.S. No. 64, dated 27.12.1979.] Note 1. - A part who has been ordered to file a written statement is not entitled to inspect or take a copy of a written statement filed by another part until he has filed his own. Note 2. - This rule does not prohibit the grant to parties at any stage of copies of documents produced alongwith the plaint or under Order XIII, Civil Procedure Code, in cases where they do not wish to take copies themselves under the provisions of Order XI, Rule 15. Note 3. - Suit in this rule and in rules 356, 357 and 358 includes execution and miscellaneous cases. ### 355A. [ [Inserted by C.S. No. 65, dated 27.12.1979.] A copy of the type-written judgement shall where it is practicable so to do be made available to the party on payment of prescribed charges if application for the same is made before the hearing of the case is concluded.] ### 356. A stranger to the suit may after decree obtain, as of course, copies of plaints, written statements, affidavits and petitions filed in the suit and may, tor sufficient reason to be shown to the satisfaction of the Court, obtain copies of any such document before decree. ### 357. A stranger to the suit may also obtain, as of course, copies of judgements, decrees or orders at any time after they have been passed or made. ### 358. A stranger to the suit has no right to obtain copies of private documents except with the consent of the person by whom they were produced or his successor-in interest. He may obtain copies of other documents in which he has a interest including depositions for bona fide use in the Courts, and case maps, at any time after they have been proved or completed. ### 358A. [ [Inserted by C.S. No. 16, dated 11.8.1972.] Copies of papers required to be furnished to the Officer for public purposes free of cost as provided in rule 410 at page 118 of Part V, Chapter I may be prepared in the Copying Department, after obtaining permission of the Judge-in-Charge of the Department, who shall consider the merit of each case before passing any order in the matter. The charges incurred in preparing the copies shall be met from the head 'Civil and Session Courts.] ### 359. Copies of printed and lithographed maps and plan will not ordinarily be supplied by the Copying Department. Application should be made to the office where the original maps are deposited. ### 360. Every application for copy shall state whether or not the person applying is a party to the case from the record of which copy is wanted. If such person is not a party or his pleader the application shall state the object for which a copy is required. ### 361. Only one application is necessary when a copy is applied for any number of documents on the same record. Note. - For the purposes of this rule records called for in connection with an original case or appeal will be treated as a part of the record of such case or appeal. ### 362. An application for copy of a paper or record transmitted to another Court in compliance with a requisition shall be forwarded to the requisitioning Court for compliance if there is no objection to the copy being granted. ### 363. After an application for copy has been registered the Head Comparing Clerk shall forward the application to the proper officer who shall at once enter it in a register to be kept in Form No. (R) 17, bring out the document to be copied and keep it in readiness for the estimating of the folios and court-fee stamps required for the copy. The Head Comparing Clerk shall depute a comparing clerk to make the estimate by reference to the original document. The comparing clerk shall enter the amount of court-fee stamps and the number of folios required in the space provided for the purpose in the application, sign and date the entries, make the necessary -entry in column 5 of Register No. (R)17 and return the completed application to the Head Comparing Clerk. The number of folios required should be carefully calculated so that it may not be necessary to obtain additional folios from the applicant, a contingency which under a proper system ought never to arise. Note 1. - The expression "Head Comparing Clerk" in the rules in this Chapter includes a comparing clerk to whom the functions of the Head Comparing Clerk have been delegated by the District Judge for the purposes of these rules. Note 2. - If the record from which copies are required is in the Record-Rood the comparing clerk should be shown the record in the Record-Keeper's Office. Note 3. - In outlying stations where there is only one comparing clerk the estimating of the folios and court-fee stamps may if the Judge-in-Charge so directs, be made by the officer to whom the application is forwarded. ### 364. The Head comparing Clerk shall notify the number of folios required for the copy and defect, if any, in the case of each application on the same day, or at the latest, on the day following, unless they have already been filed, by means of an entry in the prescribed register [Form No. (R) 15]. This register shall be kept at a convenient place prescribed by the District Judge for public inspection during such hours as the Judge-ln-Charge may direct. When the folios are deficient, the deficit shall be notified in the same manner. Rejected applications shall also be shown in this register and reasons for rejection stated in the remarks column. [G.L. 8/62, H.C. Memo No. 6818-32, dated 18th July, 1966] ### 365. The requisite folios shall be filed before the Head Comparing Clerk and defects removed within three days [(excluding holidays and Sundays)] [Inserted by C.S. No. 17, dated 11 8.1972.] of the giving of the notice prescribed in rule 364 (excluding the date of notification) [failing either of which the application may be rejected] [Inserted by C.S. No. 5, dated 11.8.1972.] . The applicant should file alongwith the folios list showing the number and date of application, He name of the applicant and the number of folios filed. Court-fee stamps for either copying fees or for value of forms or tracing cloth should be affixed to sheets of plain paper, on which the value of each Court-fee stamp together with the number and date of the application and the name of the applicant should be noted. Before they are made over to the copyists these lists and papers are to be stitched to the respective original applications and should be compared with, the reports of the comparing clerk in the space provided for the purpose in the form of application and should be initialled by the Head Comparing Clerk as a token that the correct number of folios, plain paper and court-fees of required value has been filed. If this is not done the application may be rejected. If the application has been rejected a note to that effect shall be made against the entry of the application in the register no. (R) 15. The comparing clerk while going round the offices to make estimates shall take with him the rejected applications and show them to the proper officers who shall sign the applications on the reverse and after restoring the documents to the proper places make the appropriate entries in columns 7, 8 and 9 of Register No. (R)17. ### 366. The District Judge should make special arrangements for the proper custody of the documents removed from the shelves for compliance with applications for copies until the document is sent to the copying department to be copied or until intimation is received of the rejection of the application. ### 367. When the folios are filed, the date shall be entered in the place provided in form for the purpose. The applicant shall, at the same time, present the counterfoil of his application, which has been returned to him and a memorandum shall be made thereon stating the date and hour when the copy will be ready. A corresponding note shall be made on the body or main portion of the form. The Head Comparing Clerk will at the same time take the applicant's signature with date on the middle portion of the application below the entries as to the date of filing the folios and the date when the copy will be ready for delivery. The applicant shall retain the counterfoil, and it shall be his duty to attend on the date fixed for the purpose of receiving the copy. ### 368. The comparing clerk deputed for the purpose by the Head Comparing Clerk shall take the application on the same day to the proper officer with an endorsement requiring him to send the necessary document. Such officer shall immediately handover the document with the application to the comparing clerk and note on the application the fact of compliance with the requisition. The comparing clerk shall make the necessary entry in column 6 of Register No. (R) 17. The comparing clerk deputed to make estimates of folios and Court-fee stamps shall take with him original documents of which copies are ready and return them to the proper officer who will make the necessary entries in column 7 of Register No. (R) 17. The comparing clerk will at the same time receive from such officer the documents for copies of which the requisite folios and stamps have been filed by the applicant. ### 369. Every application for copies of depositions in a case which is being heard shall be laid before the Trial Judge for such orders as he in his discretion may make. If such Judge so directs so much of the deposition shall each day be given to the Head Comparing Clerk as there is a reasonable hope of being copied in the course of the day. The Head Comparing Clerk shall return the portion to the Judge at the close of the day. [H.C. letter no. 4726-41, dated 22nd April, 1965] Subject always to (a) the precedence which must invariably be accorded to applications on which an expedition fee has been paid and (b) no delay occurring as a consequence in respect of ordinary applications of an earlier date, such copies will ordinarily be issued on the same day or the following day. Note. - if sufficient folios to cover the full charge for copy are not filed with the application, the procedure laid down in Note 2 to Rule 379 will be followed. ### 370. The Head Comparing Clerk will be responsible for all documents received in the Copying Department until they are returned. At the end of the day all undistributed work and all incomplete copies with the originals, shall be locked up in an almirah or chest of which the key will be kept by the Head Comparing Clerk. Separate compartments in the almirah or separate boxes, as the case may be, shall be allotted to each copyist in which to place his papers. ### 371. Copies of English documents shall as far as possible be type written. ### 372. As the copies required under each application are completed they shall be made over together with all unused folios and the original documents to the Head Comparing Clerk. He should examine the copy with reference to the original and pay careful attention to the points mentioned in Rule 396 of Chapter II. Note. - Every date on which extra folios are called for shall be shown after the copy is prepared in the proper space at the back of the folio. ### 373. All copies must be examined before issue by a salaried officer Note. - The duty of examining copies should as a rule be entrusted to the Comparing or Examining Clerks or if there arc none in the of{ice, to the Head Clerk or Sarishtadar. The copyists and typists must not be allowed to examine for each other. ### 374. The officer entrusted with the duty of examining a copy shall be held responsible for its being a correct copy, in the event of any copy being found to be unfit for issue by reason that it [G.L. 1/17, G.G. 2/22] - (i) has not been clearly, legibly or neatly written or typed and with proper ink; (ii) is not in the prescribed form; (iii) is so incorrect that revision has rendered it unfit for issue; (iv) does not conform to the Rules and orders of the High Court; (v) is otherwise incomplete, defective or open to objection; the examining or certifying officer shall report the matter to the Judge-in-charge of the Copying Department, who will cancel the copy and require the copyist or typist to make a fresh copy at his own cost. ### 375. A copy must be "certified to be a true copy", must bear the seal of the Court and must be signed, if not by the Judge-in-charge, then by the officer hereinafter named:- At the headquarters of a district. - By such officer as may be appointed by the Judge-in-charge with the approval of the District Judge. [G.L. 5/49] At out-stations. - By the Sarishtadar of the Judge-in-charge. In Courts of Small Causes constituted under Act IX of 1887. - By the Head Clerk. In every case the certifying officer will append to his signature the words "Authorised under Section 76, Act I of 1872". The words:- "Certified to be a true copy Authorized under Section 76, Act I of 1872," may be impressed by means of a stamp. Note. - The above certificate shall not be given on a blank sheet. If the last sheet has been fully taken up by the copy, the certificate may be given on its reverse. ### 376. In the case of copies filed, exhibited or recorded in any Court the Court-fee chargeable under Court-Fees Act should be levied by affixing the necessary stamps to the first folio of the copy. ### 377. (a) The following particulars must invariably be recorded on the last sheet of the copy:- | | | | | --- | --- | --- | | | Date of application for copy | ... | | | Date fixed for notifying the requisite number of folios | ... | | | Date of delivery of the requisite folios | ... | | | Date on which the copy was ready for delivery | ... | | | Date of making over the copy to the applicant | ... | In the case of a copy of a judgement, decree or order the dates, excepting the date of making over the copy to the applicant, shall also be expressed in words. Note;- Each date on which extra folios are to be notified and each date on which they are delivered shall also be recorded. (b) On the back of the last sheet of the copy shall be recorded the cost paid by the parties applying for copies in the form given below:- | | | | | --- | --- | --- | | | | Rs. P. | | Application for copy | ... | | | Searching fee | ... | | | Extra fee for urgency | ... | | | Folios | ... | | | Other items, if any | ... | | | | Total | | The entries shall be made by the examiner of the copy. A rubber stamp may be used for the form of these particulars. ### 378. In ordinary circumstances a copy shall be furnished not later than 4 P.M. or 10 A.M., as the case may be, on the 5th open day [(except holidays and Sundays)] [Inserted by C.S. No. 17, dated 11.8.1972.] after the application [G.L. 11/35] : [Provided that in case of notification regarding filing of deficit stamps and folios, copies shall ordinarily be furnished on the next open day following the date of filing deficit stamps and folios, if the time prescribed in the above Rule has expired.] [Inserted by C.S. No. 25, dated 11.8.1972.] ### 379. Urgent copies should be furnished on the day of the application and where this is not possible on the day following. Note 1. - No application is complete until the necessary folios have been filed. When these are not filed with the application the period referred to in this Rule and in Rule 378 will be reckoned from the date of their being filed. Note 2. - If sufficient folios to cover the full charge for an urgent copy are not filed with the application the estimate of the deficit in respect thereof shall at once be personally communicated to the applicant and the fact will be noted on the application and signed with date by the applicant. Where the applicant cannot be found the procedure laid down in Rules 364, 365 and 367 will be followed. ### 380. All copies ready for delivery shall be entered day by day between 2 and 3 P.M. or in the case of morning sittings between 9 and 10 A.M. in a register which shall be placed outside for public inspection. The register will be in Form No. (R) 16. The copies shall be made over in open court in the presence of the Judge-in-charge or any other Gazetted Officer specially appointed for the purpose by the District Judge, the appropriate entries in the register being at the same time struck out, [initialled and dated by the Officer in whose presence the copies have been delivered.] [Inserted by C.S. No. 6, dated 11.8.1972.] Note. - Loose forms of the above register may also be used for the purpose and posted up on the notice-board. ### 381. When the copy is delivered lo the applicant his receipt therefor with the date will be taken on the reverse of the application, the counterfoil being at the same time given up. Unused folios returned with the copy should be noted by the applicant in the receipt taken as above from him. The counterfoil will be kept attached to the application. ### 382. (a) Should the applicant in any case fail to appear to claim either the copy or the unused folios both must of necessity be retained temporarily but on the last day of each month all unclaimed copies ready for delivery before the preceding month together with all unused folios attached thereto shall be destroyed in the presence of the Judge-in-charge of the Copying Department. (b) In any case in which copy cannot be granted, the folios supplied by the applicant for the copy should be returned to him when he is so informed. This should be done also where the application is withdrawn or rejected and the folios have not been used. If such folios are not taken back by the I applicant, they shall be destroyed according to Rule 382 (a). The stamps affixed to the application as searching-fee and expedition-fee shall not be I returned. ### 383. Applications for copies which have been disposed of shall be I recorded in the Copying Department and filed in a separate bundle for each I month. At the close of each quarter they will be examined by the Sharishtadar who will bring to notice any irregularity or unpunctuality that may be apparent I in the department. The Judge-in-charge after satisfying himself as to the I working of the office by an inspection of the forms recorded will then direct for their destruction and they will be destroyed at the end of the next quarter. [G.L. 3/39] Chapter II Copying Department and Copyists ----------------------------------------------- ### 384. At stations where there are more Courts than one there shall be one amalgamated Copying Department. Of this Department such officer as the District Judge may nominate will be in charge and the clerk appointed to be the Chief Examiner (otherwise known as Head Comparing Clerk) will be the Chief Ministerial Officer. ### 385. The Copying Department shall have as many copyists as may be required for the purpose of supplying all applicants with copies without inconvenient delay. One of them at least should be conversant with map-copying. ### 386. No one but a copyist appointed by the District Judge shall be employed in the preparation of copies [G.L. 7/63, G.L. 4/65, G.L. 8/65] : Provided that where it appears that the granting of ordinary copies is likely to be much delayed by reason of having to furnish urgent copies, an extra copyist may be temporarily appointed by the Judge-in-Charge for the number of days actually necessary. ### 387. The number of copyists appointed must not be greater than will admit, under ordinary circumstances, of each Vernacular Copyist earning at least Rs. 50 and of each English Copyist earning at least Rs. 100 per month. If the average earnings fall regularly below this rate steps should be taken to reduce the establishment. [H.C. letter no. 2315-30, dated 11th March, 1964] Note. - No new appointment is to be made in an office until the above standard has been worked up to. ### 388. No one except a Typist shall be employed by the District Judge as an English Copyist. ### 389. No person shall be appointed as Vernacular Copyist who is unable to copy both English and Vernacular documents, efficiently, legibly and with reasonable despatch and preference shall invariably be given to typists. ### 390. English copies shall be typed by English Copyists provided that where there is not enough work for both an English and a Vernacular Copyist a Vernacular Copyist may be employed in making copies of English documents. ### 391. The services of copyists whose work is inaccurate or in other respects unsatisfactory should be dispensed with. ### 392. The Head Comparing Clerk will make a proper distribution of work among the Copyists subject to such directions as may be given by the Judge-in-Charge. ### 393. When an application is made for the copy of any document in a language or character with which no Copyist on the Courts establishment is acquainted, the Judge-in-Charge shall arrange, if possible, for a copy to be made thereof and compared with the original by such persons acquainted with the aforesaid language or character as are forthcoming and may in his opinion be relied upon for the purpose. ### 394. Seventeen and a half paise out of the charge levied of 35 paise per folio (see Chapter I, Part V, Rule 408) represents the payment to Government on account of the salary of examiners and cost of paper, and the remaining seventeen and a half paise will represent the earnings of the Copyists or Typists whose accounts will be made up monthly (Fractions of paise, if any, in the total of monthly earnings should be ignored). The amount due to each shall be paid out of the contingencies. These payments must be checked at the time with the upper part of each stamp, which when the copy is ready, must be torn off each sheet along the perforated line and endorsed with the copyist's or typist's name and kept till the end of the month. In the case of maps and plans half the copying charges levied will be paid to the copyist and half will go to Government on account of examination fees and cost of materials. The upper halves of adhesive stamps used in maps, plans and copies on forms shall be treated in the same way as upper portions of impressed stamped sheets. Care must be taken to see that nothing in excess of two-thirds or half, as the case may be, of the amount realised in stamps is paid to copyists or typists. Note 1. - The copyist or typist is paid by the folios copied, whether the copies are subsequently taken out or not. Note 2. - Expedition fees (Part V, Chapter I, Rule 408) are for credit to Government and no part of them is payable to the copyists or typists. [Note 3. - In case the necessary materials for preparation of maps and plans are not supplied from the Government stock the parties should be asked to file the tracing cloth and the copyists to provide other materials. In such cases, the Judge-in-Charge, Copying Department, shall determine, what part of the copying charges should be paid to the copyists and what part should go to the Government and in doing that he should bear in the mind the price of the materials provided by the copyists.] [Inserted by C.S. No. 23, dated 11.8.1972.] ### 395. To prevent the risk of stamp slips and upper halves of adhesive stamps being used more than once, the officer passing a copyist's or typist's account will, after checking it as directed, tear up the slips and upper halves of adhesive stamps and cause them to be burnt in his presence. A certificate that this has been done must be attached to the bill on which the copyists or typist's fees are drawn. ### 396. To protect the interest of Government care must be taken to see that all copies issued from the Court are prepared on the prescribed stamp paper, they must be written or typed on one side of the sheet only, and must not contain more than the authorized number of words. On the other hand, care must be taken to see that applicants are not imposed upon by the copyists of typists spreading their writing or typing over a larger number of sheets than is necessary. By insisting on the number of the lines in each sheet or space being uniform control may easily be exercised in this matter, the number of words in a few of the lines in each folio being checked. Part V – Fees and Costs including Rules and Orders under the Court-Fees Act ----------------------------------------------------------------------------- [G.L. 7/17. G.L. 12/17, G.L. 9/19] Chapter I Fees and costs ----------------------------- I. Process Fees Rules framed by the High Court under clause (1) of Section 20 of the Court-Fees Act, 1870, declaring the fees chargeable for the service and execution of process issued by the Civil and Revenue Courts. ### 397. The fees in the following tables shall be charged for serving and executing the several process against which they are respectively ranged:- | | | | --- | --- | | Nature of process | Table of fees | | 1. In Courts of District Judges.2. In Courts of Subordinate Judges.3. In Courts of Munsifs and Revenue Courts where the suit in which process is issued is valued at over Rs. 1,000 | In Courts of Munsifs and of Small Causes and in Revenue Courts where the suit in which process is issued does not exceed Rs. 1,000 and exceeds Rs. 50 in value. | In Courts of Munsifs and of Small Causes and in Revenue Courts where the suit does not exceed Rs. 50 in value. | | 1 | 2 | 3 | 4 | | | Rs. P. | Rs. P. | Rs. P. | | Article 1.- In every case in which personal or substituted service of any process on parties to the cause is required, where not more than four persons are to be served with the same document - one fee. | 3.00 | 1.50 | 0.75 | | When such persons are more than four in number, then the fee above mentioned and an additional fee as mentioned in the table for every such person in excess of four. | 0.75 | 0.40 | 0.40 | | Article 2.- In every case falling within columns 2 and 3 in which personal or substituted service of any process on any persons who are not parties is required, when the number of such persons is not more than four - one fee. | 3.00 | 1.50 | ... | | When there are more than four such persons, then the fees above mentioned for the first four, and an additional fee as mentioned in the table for every one in excess of that number. | 0.75 | 0.40 | ... | | In every case falling within column 4 in respect of a similar process for each person. | ... | ... | 0.40 | | Article 3.- Where process of attachment of property by actual seizure is issued- | | | | | (a) for the seizure under the order of attachment; | 3.00 | 1.50 | 0.75 | | (b) for each man necessary to ensure safe custody of property so attached when such man is actually in possession, per diem. | 0.56 | 0.40 | 0.40 | | Article 4.- For the proclamation and publication of any order of prohibition under Order XXI, Rule 54 of the Code of Civil Procedure, irrespective of the number of such proclamations or publications. | 3.00 | 1.50 | 1.50 | | Article 5.- For the publication by posting up of a copy or copies of the notification of any proceeding or process not specially mentioned in any article irrespective of the number of such publications. | 3.00 | 1.50 | 1.50 | | Article 6.- For executing a decree by the arrest of the person or for executing a warrant of arrest before judgement. | 15.00 | 6.00 | 1.50 | | Article 7.- Where an order for the sale of property is issued- | | | | | (a) for proclaiming the order of sale under Order XXI, Rule 66 of the Code of Civil Procedure, a fee of- | 3.00 | 1.50 | 1.50 | | (b) for settling the property, percentage or poundage on the gross amount realized by the sale up to Rs. 1,000 a the rate of - | 2.00 per cent | 2.00 per cent | 2.00 per cent | | together with a further fee on all excess of gross proceeds beyond Rs. 1,000 at the rate of - | 1.00 per cent | 1.00 per cent | 1.00 per cent | | Article 8.- For service of any process not specified in any preceding articles. | 3.00 | 1.50 | 1.50 | Note 1. - (1) When process of attachment mentioned in article 3 is issued in a number of cases relating to the same or neighbouring villages, the fee (a) must be paid in each case, the daily fee (b) only for the men actually employed. (2) The daily fee (b) is to be deposited with the Cashier as peremptory receipt at the time of obtaining the process for so many days, as the Court shall order, not being ordinarily less than fifteen days, and the number of days required for the coming and going of the officer; but where the officer is not to be left in possession, then the daily fee is to be deposited only for the time to be occupied by the officer going, effecting the attachment and returning. When the inventory filed by the judgement-creditor shows the property to be of such small value that the expense of keeping it in custody may probably exceed the value the Court shall fix the daily fee with reference to the provisions of Order XXI, Rule 43 of the Code of Civil Procedure: Provided that, if it appears that for any reasons the number of days fixed by the Court under this note, and in respect of which fees have been paid, is likely to be exceeded and the decree-holder desires to maintain the attachment, the decree-holder shall apply to the Court to fix such further number of days as may be necessary and the additional fees in respect thereof shall be deposited in advance. If such additional fees be not paid within the period originally fixed and in respect of which fees have been paid, the attachment shall cease on the expiry of the period. The Nazir will purchase a Court-Fee Stamp of the amount actually incurred in deputing a peon and affix it to the process under the signature of the presiding officer in payment of the fees. The balance of the deposit, if any, will be available for refund to the party. Note 2. - (1) When a sale of immovable property mentioned in Article 7 is set aside, under section 47, or under Order XXI, Rule 58, or under Order XXI, Rule 92 of the Code of Civil Procedure, or under section 174 of the Bihar Tenancy Act (Act VIII of 1885), any poundage or other fee charged for selling the property shall, on application, be refunded. (2) The fee under clause (a) must be paid when the process is obtained. The percentage or poundage under clause (b) must be paid (1) in a case where the purchaser is a person other than the decree-holder, at the time of making the application for payment of the proceeds of sale out of Court, as provided in Rule 400 and (2) in a case where the decree-holder has been permitted to purchase, at the time of the presentation of his application for permission to set off the purchase-money against the amount of his decree as provided in Rule 401. (3) The percentage leviable under this article shall be calculated on multiples of Rs. 25 (i.e., a poundage fee of 50 paise should be levied for every Rs. 25 or part of Rs. 25 realized by the sale upto Rs. 1,000 and in the cases of the proceeds of the sale exceeding Rs. 1,000 an additional fee of 25 paise for every Rs. 25 or part thereof should be levied). (4) In cases in which several properties are sold in satisfaction of one decree, only one poundage fee, calculated on the gross sale-proceeds should be levied, 2 per cent, being charged on the gross sale-proceeds up to Rs. 1,000 and one per cent, on such proceeds exceeding Rs. 1,000. ### 398. [ [Substituted by C.S.No. 15, dated 11.8.1972.] Notwithstanding the provisions of rule 397 no fee shall be chargeable for serving and executing any process, such as a notice, rule, summons or warrant of arrest, which may be issued by any court of its own motion, if it considers such a step necessary to serve the ends of justice.] ### 399. The fees hereinbefore provided, except those mentioned in the next rule, shall be payable in advance at the time when the petition for service or execution is presented, and shall except where otherwise provided be paid by means of stamps affixed to the petition in addition to the stamps necessary for its own validity. ### 400. The proceeds of a sale effected in execution of any decree will only be paid out of Court on an application made for that purpose in writing, and the poundage fee for selling the property provided in clause (b) of Article 7 must be paid by stamps affixed to, or impressed upon, the first of such applications, whether it be or be not made by the person who obtained the order for sale or whether it does or does not extend to the whole of the proceeds. No fee will be chargeable upon any such application subsequent to the first. ### 401. When a decree-holder happens to be the auction purchaser his application for an order to set off the purchase money shall in addition to the stamp necessary for its own validity be stamped with stamps of the value of the poundage-fee due for selling the property under clause (b) Article 7. ### 402. The Sarishtadar or the clerk concerned should note on the application for payment of sale-proceeds or on the application for an order to set off the purchase money, as the case may be, that poundage fees have been paid. ### 403. Upon the hearing of such petition, the costs of execution, including the amount of the stamps attached to the petition, shall be ascertained and shall be added to the decree; and in cases in which the amount of the purchase-money exceeds the amount of the decree and of such costs, the decree-holder who has so purchased the property shall pay into Court 25 per cent, of the balance of the purchase-money after deducting the amount of the decree and of such costs, and shall pay the balance at the expiration of fifteen days in accordance with Order XXI, Rule 85 of the Code of Civil Procedure. ### 404. When in order to the service of any process, a peon has to cross a ferry, the amount, if any, legally exigible as toll shall be paid by the Court executing such process from its special permanent advance sanctioned by the State Government for the purpose. Note. - This rule will not apply to the district of Purnea and the Madhepura Munsifs in the district of Bhagalpur for the period of the year during which additional fees under the next succeeding rule are leviable. ### 405. Throughout, or in any part of the district of Purnea and the Madhepura Munsifs in the district of Bhagalpur and for the periods of the year during which travelling except by boat is, in the opinion of the District Judge, impracticable, the fees chargeable for the service of processes shall be increased by 25 per cent, in order to provide for payment of the boat-hire or ferry-toll rendered necessary by the state of the country. The additional fees may, however, be reduced to 12½ per cent, over the fees ordinarily leviable, at the discretion of the District Judge, in any part of the district where, or at any season of the year when, the levy of the larger amount is found to be unnecessary. Note 1. - The process-servers' boat-hire passed under this rule should alone be included under the head of "Process-serving Charges" under "Special contingencies" (vide Resolution of the Finance Department of the Government of Bengal, dated the 4th August, 1890). ### 406. In cases in which the process is to be served in the jurisdiction of another Court, the proper fee chargeable under rule 397 read with rule 404 shall be levied, in the manner above directed on the application for the transmission of the process to that Court, and a note shall be made on the process stating that this has been done. A Court which receives from another Court, whether in the same State or not, a process bearing a certificate that the proper fee has been levied, shall cause it to be served without further charge. Note 1. - The fees paid in pursuance of these rules must in all proceedings be deemed and treated as part of the necessary and proper costs of the party who pays them. Note 2. - Civil process for service or execution within Hyderabad will be issued and served in accordance with the above rule. Process issued by Civil Courts in Hyderabad will be served or executed in Bihar free of charge. Note 3. - Processes issued by Courts in India for service by Colonial Courts must be accompanied by a remittance sufficient to meet the cost of service. In Mauritius, the cost of service is Rs. 3 per person in town, and to this must be added 75 cents per mile travelling allowance for service in the country. For processes not accompanied by an English translation and requiring translation in Mauritius, an additional fee of Rs. 10 should be remitted. Note 4. - By arrangement between the Government of Bihar and the State of Johore, a State in the Unfederated Malay States, all summons and processes for service within he territories of the said State will be issued and served in accordance with the above rule. All summons and processes issued by Civil Courts within the territories of the said State will be served in Bihar free of charge. II. Reduction and Remission of Court-Fees ### 407. For notifications, under reducing and remitting the Court-fee, issued by the Government under section 35 of the Court-Fees Act, see Appendix A-III, pages 76 to 84 of the Bihar Stamp Manual, 1940 Edition. [G.L 3/49] III. Other Fees ### 408. The following are the charges (1) for affidavits and (2) in connection with inspection, information and copies [G.L. 17/62]:- | | | | | | --- | --- | --- | --- | | Nature of the fee or charge | Cases in which to be paid | Amount (Rs. P.) | How to be paid | | 1 | 2 | 3 | 4 | | 1. Affidavits under the Code of Civil Procedure. | (a) Where the oath is to be administered to the deponent by a Special Commissioner deputed for the purpose by the District Judge under the powers vested in him by State Government. | 5.00 | By means of a Court-fee stamp to be affixed to the affidavit. Note.- This fee of Rs. 5 does not include the travelling expenses of the Commissioner which must be paid in cash. | | [G.L. 6/64.]- | (b) In any other case | 2.80 | Ditto. | | | EXCEPTIONS No charge shall be made in respect of- | | | | | (i) Affidavits made by process servers deposing as to the manner of service of a process. (ii) Affidavits in proof of service or as to avoidance of service made by persons who accompany such process servers. (iii) Affidavits made by public officers in virtue of their office. | | | | 2. Searching fee. | 1. On all applications- (1) For information whether the record is deposited in the Record Room or not. Note. - This is the only fee to be paid on such application. | 0.25 | By a Court-fee stamp to be affixed to the application. | [Researching fee on application for calling records from the Civil Record Room for attestation. see H.C. letter no. 2519-38 dated 7th March, 1962. | | | (2) For inspection of the record of decided case. Note 1.- No searching fee is to be charged to pleaders for looking at records of pending cases. Note 2.- For fees for inspection of Wills, see Chapter VI, Part III. Note 3.- (1) For fees for inspection of accounts filed by guardians, see Rule 189 (10) , Chapter I, Part II. | 0.25 | By a Court-fee stamp to be affixed to the application. | | | (2a) For inspection of each volume of Registers of suits and appeals. | 1.00 | By a Court-fee stamp to be affixed to the application. | | | (3) For copy (in addition to the prescribed fee of two annas under the Court-fees Act) where the record relates to a decided case. Note 1.- One searching fee shall be charged for any number of copies taken from the same record and included in the same application. Note 2.- Records called for in connection with original case or appeal will treated as a part of the record of such case or appeal. | 0.25 | Ditto | | | (4) For sending for documents involving a search in the Collector's office. | 0.25 | By means of a Court-fee stamp to be affixed to a separate sheet of paper which will be forwarded to the Collector. | | | 2. For information in order to remedy defects that may be found in an application where the supply of such information without a separate application for it has been authorised by the High Court. | 0.25 | By a Court-fee stamp affixed to the application. | | 3. Copying charges. | (a) Manuscript copies ... | 0.35 per folio consisting of 150 words English,[or Hindi in Devanagri script] [Inserted by C.S. No. 19, dated 11.8.1972.] or 300 words vernacular[other than Hindi in Devanagri script] [Inserted by C.S. No. 19, dated 11.8.1972.] four figures counting as one word. | By means of an impressed stamp of 35 paise on each sheet of paper corresponding with the folio to be provided by the applicant for a copy. Note.- There are 25 lines in each sheet. No line shall contain more than six words English[or Hindi in Devanagri script] [Inserted by C.S. No. 19, dated 11.8.1972.] or twelve words vernacular.[other than Hindi in Devanagri script.] [Inserted by C.S. No. 19, dated 11.8.1972.] | | | (b) Typed copies containing- | | By means of an impressed stamped paper of 35 paise. | | | (i) Not exceeding 150 words. | 0.35 | Note.- Special stamped sheet divided into two equal part by a blue line, each being intended for 150 words, should ordinarily be used for typewritten copies. | | | (ii) Exceeding 150 but not exceeding 300 words. | 0.70 | By means of the same impressed stamped paper of 35 paise with an adhesive stamp of 35 paise affixed thereto across the top so that the figure head may be above the perforated line and that the portion below may clearly show the value. | | | (iii) Concluding portion of documents beyond 300 words. | ... | By means of an additional impressed stamped paper or papers of 35 paise with an adhesive stamp of 35 paise affixed thereto, if necessary, according to the number of words remaining to be typed. | | | | | Note 1.- The adhesive stamp will be supplied loose by the parties and affixed in the Copying Department according to necessity. | | | | | Note 2.- Impressed stamp sheets should never be received and cancelled in lieu of adhesive stamps. | | | (c) Copies of registers and sale proclamation supplied on forms- | | | | | (i) Cost of forms ... | 0.10 | By means of a court-fee to be stamp to be affixed to the application. | | | (ii) For the number of words actually copied. | Ordinary charges. | By means of an adhesive stamp of the required value to be affixed across the top of the copy so that the part thereof containing the figure head may be torn off to serve as the copyist's voucher. | | | (d) Expedition fee for urgent applications- | | | | | (i) For inspection and information. | 1.00 | By means of Court-fee stamp to be affixed to the application. | | | (ii) For copies - | | | | | (1) Not exceeding 600 words English,[or Hindi in Devanagri script] [Inserted by C.S. No. 19, dated 11.8.1972.] or 1,200 words vernacular,[other than Hindi in Devanagri script.] [Inserted by C.S. No. 19, dated 11.8.1972.] | 1.00 | Ditto. | | | (2) Exceeding 600 words English,[or Hindi Devanagri script] [Inserted by C.S. No. 19, dated 11.8.1972.] or 1,200 words vernacular[other than Hindi in Devanagri script.] [Inserted by C.S. No. 19, dated 11.8.1972.] | 0.25 for every 150 words English,[ or Hindi in Devanagri script] [Inserted by C.S. No. 19, dated 11.8.1972.] or 800 words vernacular[other than Hindi in Devanagri script.] [Inserted by C.S. No. 19, dated 11.8.1972.] or part thereof. | Ditto. Note.- This calculation is to be made on the aggregate number of folios covered by the same application. | | | (iii) For return of documents. | 1.00 | By means of Cour-fee stamp to be affixed to the application. | | | (e) [ For copy of type written judgement as provided in Rule 355-A. [Inserted by C.S. No. 81, dated 25.9.1987.] | At half of the folio rate. | By means of Court-fee stamp to be affixed on the application.] | [No. 5326 (Rules) /Adm. Misc. LVI-15-92, dated 7.10.1997 From : Manohar Lal Visa, Registrar General High Court of Judicature at Patna. To all the District and Sessions Judges, including the Judicial Commissioner, Ranchi.] Subject. - Fixation of the rates per page towards photocopy charges for issuing certified copies of documents by the Civil Courts and the procedure to be adopted in the matter of realising such charges and maintaining its accounts concerning expenses incurred therefrom. I am directed to invite your kind attention on the above noted subject and to say that the Court have been pleased to issue the following guidelines for the use of photocopier machines which will be primarily used in Copying Department for preparation of copies:- (1) For issuing certified photo copies of the documents by the Civil Courts, Photo-copying charges has been fixed at Re. 1 (Rupee one) per page which will be realised by the Copying Department of each Civil Courts in addition to the usual charges for the certified copies under the Rules. (2) Photo-copying charges shall be realised against separate receipt and the amounts so realised shall be recorded in a Register to be maintained separately under specific head, with date of realisation, case number and name of the Court and number of pages photocopied. (3) Entries of the total day's receipt shall be regularly maintained every day and the total shall be carried forward to the following day till the end of the month. (4) A Bank account in the joint names of the District and Sessions Judge and the Registrar of the Civil Courts concerned shall be opened in which the amount of the Photo-copying charges shall be deposited. (5) A separate Register for expenses incurred towards purchase of consumables required for the photo-copier machine, shall be separately maintained and a balance-sheet of the final accounts thereof, shall be prepared at the end of the each financial year. (6) The surplus amounts, if any, which may be left in the Accounts shall be deposited with the Government at the end of the every financial year under intimation to the High Court, of such deposit, made if any. ### 409. (1) In the case of documents, such as Jamabandis, measurement papers, order-sheets, accounts and others which are not written continuously like a deposition, or which are not written right across the page, every endeavour should be made to write as many as [150 words English or Hindi in Devanagri Script] [Inserted by C.S. No. 19, dated 11.8. 1972.] or 300 words vernacular (except Hindi in Devanagri script) on each folio. (2) If it is found impossible to do this on each folio without distorting the form of the original document, as many additional sheets of plain cartridge paper as may be necessary (to be provided by the applicant for the copy) should be pasted on below, or at the side of the first sheet. (3) In consideration of the additional time and trouble involved in copying documents of the nature described above, an additional charge may be levied from the applicants according to the following scale:- In all cases requiring more than three folios, one additional folio may be taken for every four folios, that is to say, one&additional folio may be taken in cases requiring four to seven folios, two additional folios in cases requiring eight to eleven folios, three additional folios in cases requiring twelve to fifteen folios, and so on. No additional charge should be levied in cases which require from one to three folios. ### 410. No fees are to be required or paid for searching or for copying papers wanted by public officers for public purposes. ### 411. In the case of maps and plans, no general rule can be laid down. In each case the charge will have to be fixed with reference to the difficulty or intricacy of the work to be done. The charge will be levied by means of adhesive stamps to be affixed to the map or plan, the upper half being kept by the copyist as his voucher. In the case of urgent copies the expedition fee will also be fixed by the Judge-in-Charge to be paid by means of a Court-fee stamp affixed to the application for copy. . ### 412. Finger prints are only sent for examination to the Finger Print Bureau at the instance of a private party on receipt of me consultation fee and the fee tor three photographic enlargements of each of the finger prints to be examined as prescribed under rule 417(c) (v) post. If more than three photographic enlargements of any finger print are required, an additional charge of Re. 1 for each such additional enlargement shall be realised from the party concerned in the manner laid down in note 4 to rule 607(h). Note. - For procedure as to deposit and credit, see rule 607(h) , note 4. IV. Postage ### 413. The Governor-General in Council has been pleased to direct that the postage charges on all processes, notices and such other documents are issued from any Judicial or Revenue Court, and are required to be transmitted by post, shall be paid means of service postage stamps, without any additional charge being levied from the parties at whose instance the processes are issued. Note. - It is to be understood that processes, thus issued, should not be registered. If registered, the postage must be prepaid by stamp by the party concerned. ### 414. Postage need not be paid by the parties (1) for the transmission and re-transmission of requisitions upon the District Court at the sadar station for the payment of money in deposit to decree holders or other persons, or to when transmitting copies of decree and certificates under Sections 39 and 41 (Order XXI, Rules 4 to 6) of the Code of Civil Procedure, from one district to another, for execution. Such documents should be forwarded with service labels, no additional charge for postage being levied from the persons at whose instance they are sent. V. Witnesses' Expenses ### 415. The Civil Courts shall not receive postage stamps in payment of the travelling and other expenses of witnesses. A party applying for a summons on a witness shall deposit for the latter's expenses a sum in cash sufficient to cover (when necessary) the transmission of the amount to another Court by money order. ### 416. (a) Money orders for the payment of witnesses' expenses shall be made payable to the Cashier of the Court to which the money is remitted. The Cashier will receive the money a\*s provided in rule 617 and will deal with it as directed in rule 623 of the Account Rules (Part X). (b) In the case of money orders the number of the suit and other necessary particulars shall be entered in the coupon which is now attached to all money orders. ### 417. (a) The expenses which a party applying for a summons shall be required to deposit in Court shall ordinarily be (a) diet allowance, and (b) in the case of a witness residing at a distance from the Court, if the journey cannot be performed on foot or the age and habits of life of the witness render it impossible for him to walk, also his travelling allowance, according to the following scale:- | | | | | --- | --- | --- | | [Class of Witness] [Substituted by Notification No. 6031-711. dated 22.4.1997.] | Travelling allowance | Diet allowance | | CLASS IGazetted Officers, Professionals like Doctors, Advocates, Architects, Chartered Accountants, etc. Income Tax payees Members of Parliament, Members of State Legislatures. | By Mail 1st Class or 2nd Class A.C. Sleeper Chair Car Fare. By Road Taxi fare at the rate prescribed by the Directorate of Transport of the State Government and if no such rate has been fixed as reasonable. | Rs. 30/- per diem. | | CLASS IIAll other except those mentioned in Class I. | By rail. Sleeper Class or 2nd Class Fare. By Road Actual Bus Fare. | Rs. 207- per diem. | ;g la'kksf/kr vkns'k fuxZr gksus dh frfFk ls izHkkoh gksxhA Explanation. - The above rates are maxima. The Court may direct a reduced allowance to be deposited or paid according to circumstances. (b) In addition to the above, the authorized charges for tolls at ferries shall be deposited by the party applying for the summons to the extent to which such charges will be incurred. (c) Notwithstanding anything in clauses (a) and (b) of this rules- (i) In the case of officers serving under Government the word "expenses" in this rule means the travelling and halting allowances admissible under the Bihar Travelling Allowance Rules. (ii) When a Government servant is summoned to give evidence of facts which have come to his knowledge, or of matters with which he has had to deal, in his public capacity, he shall, if (1) the case is one to which Government is party, and (2) his salary exceeds Rs. 10 per mensem, be granted a certificate of attendance in Form No. (M)19 and the sum deposited on account of his expenses shall be credited to Government. (iii) In all other cases the expenses of the witness shall be paid to him by the Court and a certificate in the form above prescribed shall be granted to him. [G.L. 2/42] (iv) When a Government servant is summoned to give evidence at a Court situated not more than [eight kilometres] [Substituted by C.S. No. 45, dated 18.12.1973.] from his headquarters and is not entitled to travelling allowance under the ordinary rules the Court may direct payment to him of the travelling expenses actually incurred. Note. - No expense shall be deposited when a Government servant is summoned on behalf of Government. Where the salary of such Government servant does not exceed Rs. 10 a month or where he is summoned to give evidence at a Court which is situated not more than [eight kilometres] [Substituted by C.S. No. 45, dated 18.12.1973.] from his headquarters, the expenses admissible under the rules shall be advanced by Court and recouped by drawing a regular contingent bill upon the treasury. (ivA) When Government servants are summoned by private parties to give evidence in a Civil Court, their salaries for the period they are absent from their duties, in addition to the expenses in accordance with the above rule, must be paid by the parties summoning them. The amount paid into Court as salary should be credited to Government. Note 1. - For procedure as to recovery and credit, see Note 4 to Rule 607 (h) . Note 2. - The term "Government Servants" in this rule includes employees of the Central Government in the Commercial Department as well as State \ Railway employees. Note 3. - "Salaries" in this rule has the same meaning as "Subsistence allowance or compensation" in rule 129 of the 'Bihar Travelling Allowance Rules. Note 4. - The word "Government" in this rule means the Central Government, the State Government or a State Railway according as the Government servant is an employee of the Central Government, the State Government or a State Railway. (v) Whenever it is considered necessary to obtain the opinion of a Finger Print Expert, the documents bearing the finger prints shall first be sent to the Criminal Investigation Department for examination, in Sealed cover properly attested, together with the I specimen finger prints with which a comparison is desired, the specimen being prepared by an officer accustomed to the work. In private cases a consultation fee of Rs. 30 per case and a fee at the rate of Rs. 5 for each finger print sent for examination to cover the cost of three photographic enlargements of each such finger print shall be realized from the party concerned and paid into the treasury by the Court. A copy of the challan supporting the deposit [in court] [Inserted by C.S. No. 21.] shall accompany the request for examination. If subsequently a finger print expert of the Criminal Investigation Department is summoned to give evidence, a fee of Rs. 30 a day in each case shall be realised from the party concerned in addition to the expert's salary and travelling expenses. The fee and salary (calculated at Rs. 420 per month) so realised shall be credited into treasury by the Court and a copy of the challan [showing the deposit thereof in court] [Inserted by C.S. No. 21, dated 11.8.1972.] shall be sent to the Criminal Investigation Department with the letter summoning the expert. The travelling expenses should be made over to the expert on arrival in Court. [G.L 7/45, G.L 7/62a] Note. - For procedure as to recovery of the expert's fees, etc., see Note 4 to Rule 607 (h) . (vi) For witnesses following any profession, such as Medicine or Law, special allowance shall be given according to circumstances. VI. Expenses of Commission (Order XXVI, Rule 15, Code of Civil Procedure) ### 418. The following table shows the scale of remuneration, besides incidental expenses of commission which the High Court consider reasonable though it is not intended to fetter the Court's discretion in any way particularly in cases where superior expert knowledge is required and is available. The scale is intended for cases where the work is likely to take only a day or two. When a consolidated fee is to be paid for work taking some time, a considerable reduction in the rates specified below will ordinarily be desirable. These rates are maxima only rarely to be exceeded and they should not be applied indiscriminately in all classes of cases. [G.L 1/30, G.L 1/68] | | | | | | --- | --- | --- | --- | | Nature of the Commission | Classes of Commissioners | Maximum rate if allowed by Court of a - | Remarks | | District and Sub-ordinate Judge | Small Cause Court Judge | Munsif | | 1 | 2 | 3 | 4 | 5 | 6 | | | | Rs. P. | Rs. P. | Rs. P. | | | 1. For the examination of witnesses. | Pleaders or any other persons appointed as Commissioner. | 32.00 | 16.00 | (a) 16.00(b) 24.00 | For each day of six hours that a particular witness or witnesses may be under examination. | | 2. For examination of accounts | Ditto ... | 32.00 | 16.00 | (a) 16.00(b) 24.00 | Daily | | 3. For local investigations | (i) | Pleaders ... | 32.00 | 16.00 | (a) 16.00(b) 24.00 | Daily | | | (ii) | Other persons (including salaried Amins) | 3.00 | ... | 3.00 | Do | | | (iii) | Professional Surveyors - | | | | | | | (a) | With qualifications of Executive or Assistant Engineers. | 30.0 | ... | 30.0 | Do | | | (b) | With qualification of Sub-Engineers. | 10.00to15.00 | ... | 10.00to15.00 | Do | | | (c) | With qualification of Overseers (Graduates) | 5.00 | … | 5.00 | Do | | | (d) | With qualifications of Overseers (Apprentice) . | 2 00to4 00 | ... | 2 00to4 00 | Do | N.B. - (a) In respect of cases valued up to Rs. 2,000. (b) In respect of cases valued above Rs. 2,000. Note 1. - (a) Before the issue of a commission a consolidated inclusive fee which must not be exceeded save in special circumstances should be fixed wherever practicable with due regard to all the circumstances of the case, the probable duration of the Commissioner's work including desk work and the time likely to be spent on journey and the current fees of pleaders of the standing and practice of the Commissioner concerned. Prompt and efficient execution of the commission is implied. (b) In case any work is finished or is likely to be finished in less than six hours, it may be treated as full one day's work. Note 2. - The following statement of daily out-turn of work required by the Survey Department from professional agency will afford some guidance to the Courts in determining the work involved in a particular commission:- | | | | | | | | --- | --- | --- | --- | --- | --- | | (1) Boundary survey | ... | ... | ... | ... | Half a square mile. | | (2) Plain table survey of field | ... | ... | 15 Acres. | | (3) Extraction of areas | ... | ... | ... | 250 plots. | | (4) Tracing and numbering | ... | ... | ... | 750 plots. | | (5) Traverse line | ... | ... | ... | ... | 100 chains | A diary showing clearly the work done each day must be kept by the Commissioner and submitted to the Court with his report. Note 3. - The foregoing rates of remuneration are intended, in the case of the persons included in class (iii) , only as a general guide. When possible, the remuneration of professional Surveyors should be regulated by the rules framed by Government regarding the employment of such officers in Government service. Note 4. - Fees payable to Civil Court Amins should be realized in cash and deposited under the head miscellaneous receipts [clause (b) Rule 607 Part X] to the credit of Government. Note 5. - The cost of sending and returning the papers relating to a commission by registered post should also be realised in cash from the parties. ### 419. No general rule can be laid down for commission to make partition, except in the case of Civil Court Amins who should be paid at the rate given in the next preceding rule. In other cases the Court should fix a sum commensurate with the difficulty and importance of the work to be done. ### 420. As a general rule, the amount to be allowed as incidental expense should be regulated by the scale of travelling and halting allowance prescribed for officers of Government of the class to which the Commissioner belongs; but in exceptional circumstances and if the Commissioner is not a Judicial Officer, should the Court be of opinion that his actual expenses cannot be covered by allowances calculated on this scale, it may order further sum to be paid as it thinks reasonable. ### 421. Commissioners who are Judicial Officers are not entitled to fees, nor to any further remuneration than is permissible under the Government Travelling Allowance Rules. Nothing should therefore be demanded of the parties for the expenses of a commission issued to such an officer in excess of the sum so permissible. The sum paid will be credited to Government and the Commissioner will recoup himself by drawing travelling allowance under the Bihar Travelling Allowance Rules. Note. - The above rule also applies a Judicial Officer proceeds to make a local investigation or to examine a witness in a case pending before him. ### 422. Judicial Officers should bear in mind that a Commissioner would be justified in refusing to execute a commission if the party has not deposited cash sufficient to pay his fee as well as all his necessary incidental expenses. A Commissioner's remuneration should be paid in cash, unless he is a Judicial Officer or a Civil Court Amin. ### 423. If a commission for the examination of witnesses be issued to a Court, the expenses to be charged should include only the necessary process fees for summoning the witnesses, to be paid in Court-fee stamps, and the usual allowance to witnesses for their attendance to be paid in cash. In the event of non-attendance of a witness or witnesses, any surplus payment should be refunded. ### 424. Where a commission for examination of witnesses has been executed by a pleader of another Court the fee in respect of the witnesses actually examined shall, on his returning the commission, be paid over to him; and the surplus should be sent back together with the commission to the Court which issued it and shall be refunded to the party who paid it. ### 425. In any case in which the sum fixed for the expenses of the commission and paid into Court shall have been calculated with regard to the time likely to be occupied in the execution of such commission, the Commissioner shall in the event of his finding that the time is insufficient, give timely notice to the party at whose instance the commission was issued, and report the fact to the Court. The sum necessary to cover the expenses for such further period as may be required to complete the execution of the commission should then be deposited in court by the party, and the Commissioner, unless certified of such deposit, should suspend the investigation at the close of the period originally fixed, pending the further instructions of the Court. If the additional deposit required be not made within a reasonable time, the trial should proceed. VII. Fees of Advocates and Pleaders ### 426. (i) The advocates' and pleaders' fees shall be in the discretion of the Court. The following scale of advocates' and pleaders' fees shall ordinarily be allowed to the successful party:- | | | | | | --- | --- | --- | --- | | Amount or value of the claim decreed or dismissed | | fee | | | Not exceeding Rs. 5,000 | ... | 5 per cent to 10 per cent. | | Exceeding Rs. 5,000 but not exceeding Rs. 20,000 | ... | 5 per cent to 10 per cent on Rs. 5,000 and 2 per cent to 3 per cent on the balance. | | Exceeding Rs. 20,000 but not exceeding Rs. 50,000 | ... | As above on Rs. 20,000 and 1 per cent to 2 per cent on the balance. | | Exceeding Rs. 50,000 | ... | As above on Rs. 50,000 and ½ per cent to 1 per cent on the balance. | Provided that the minimum fee to be allowed shall be Rs. 10 in contested cases and Rs. 5 in uncontested cases. For the purpose of this proviso, suits tried together may be regarded as one suit, unless the Court otherwise directs. Note 1. - In cases under Part III of the Land Acquisition Act (1 of 1894) such fees will be calculated on the amount decreed in excess of the sum tendered by the Collector. Note 2. - In uncontested cases the fee shall not exceed half the fee calculated as above unless the Court otherwise directs. Note 3. - When several defendants having a joint or common interest succeed upon a joint defence or upon separate defences substantially the same not more than one advocate's or pleader's fee shall be allowed unless the Court otherwise directs for a reason which shall be recorded. If several defendants having separate interest set up separate and distinct defences and succeed thereon a fee for one advocate or pleader for each of the defendants who shall appear by a separate advocate or pleader may be allowed in respect of his separate interest. Note 4. - A probate case which the Court certifies to have been seriously contested shall be treated as an original suit for assessment of advocates or pleaders's fee. (ii) In Execution and Miscellaneous proceedings and appeals- | | | | --- | --- | | In the Court of a District or Subordinate Judge | Not exceeding Rs. 150. | | In the Court of a Munsif... | Not exceeding Rs. 50. | Note. - A specific sum shall be awarded as payable on account of the adversary's advocate's or pleader's fee and award of such sum shall be distinctly recorded at the foot of the order unless each party is directed to bear his own costs. (iii) In Review and Remand Cases:- Half the fee otherwise admissible under these rules. ### 427. [ [Substituted by C.S. No. 80, dated 7.2.1988.] The scale of remuneration besides incidental expenses of guardian-ad-litem which the High Court consider reasonable, should be between Rs. 16/- and Rs. 32/- resting on the discretion of the Court trying the suit, who may fix the amount considering the valuation, nature and status of the parties: Provided that a pleader appointed by a Court to be a guardian-ad-litem shall not incur any expenses on account of travelling without the leave of the Court.] VIII. Mukhtar's Fees ### 428. Where a Mukhtar is employed, 15 per cent of the sum allowed as pleader's fee shall be allowed as such Mukhtar's fee and the remaining 85 per cent only shall be allowed as the pleader's fee. ### 429. In addition to the fee hereinbefore prescribed the successful party shall ordinarily be allowed to recover the following charges:- (i) The party or his agent according to the circumstances of each individual case may be allowed subsistence allowance according to the scale prescribed for witnesses' expenses in rule 417 ante for such days of attendance in Court as the Court may direct. (ii) The entire costs of obtaining copies of documents (including searching fees) which are admitted in evidence shall be entered in the table of costs. Such costs shall be allowed in respect of such copies of documents only as are obtained for the purpose of the suit or application. (iii) Copying or typing charges of a plaint, memorandum of appeal, application or written statement which is filed in the Court and served upon the opposite party shall in addition to the price of paper, be ordinarily allowed at the following rates:- Copying - 6 paise each page of copy size. Typing - 19 paise each page of copy size. ### 430. In all decrees and orders a sum calculated at the rate of 5 per centum of the pleader's fee taxed, and subject to a minimum of Re. 1 shall be taxed as costs on account of the fee of the pleader's clerk or clerks. Chapter II Rules and instructions relating to Court-fee stamps ------------------------------------------------------------------- I. Use of Adhesive and Impressed Stamps ### 431. The following rules to regulate the use of adhesive and impressed stamps have been framed by Government:- When, in any case, the fee chargeable under the Act is less than Rs. 25 and the amount can be denoted by a single adhesive stamp, it shall be denoted by a single adhesive stamp of the required value. If a single adhesive stamp of the required value is not available or if the amount cannot be denoted by a single adhesive stamp, a stamp of the next lower value available shall be used, and the deficiency shall be made up by the use of one or more additional adhesive stamps of the next lower values which may be required to make up the exact amount of the fee. [R 16, P. 61, Stamp Manual, 1924] When, in any case, the fee chargeable under the Act amounts to or exceeds Rs. 25 and the amount can be denoted by a single impressed stamp, it shall be denoted by a single impressed stamp of the required value. If a single impressed stamp of the required value is not available, or if the amount cannot be denoted by a single impressed stamp, an impressed stamp, of the next lower value available shall be used, and the deficiency shall be made up by the use of one or more additional impressed stamps of the next lower values available, which may be required to make up the exact amount of the fee in combination with adhesive stamps to make up fractions of less than Rs. 25. Any adhesive stamp so used shall be affixed to the impressed stamp of the highest value employed in denoting the fee, or to the first sheet of the document to be inscribed in such manner as not to conceal the value of the stamp thereon. [R. 17., P. 61, Stamp Manual, 1924] When the application for the required stamp is made to a licensed vendor of Court-fee stamps, and such vendor is unable to furnish a single stamp of the required value, he shall give a certificate to that effect in the form below, which must be affixed to the document and filed with it [R. 18, pages 61-62, Stamp Manual, 1924]:- Form of Certificate Certified that a single stamp of the value of Rs..............required for this document is not available, but that, in lieu thereof, I have furnished a stamp of the next lower value available, and made up the deficiency by the use of one or {| |- | more| adhesiveimpressed| stamps of the next lower values available required to make up the exact amount of the fee. |} Certificates are not required in similar circumstances from official vendors, but they shall as far as practicable, follow the above instructions. A document stamped otherwise than in accordance with the preceding rules is not properly stamped within the meaning of Section 28 of the Court-Fees Act, 1870. [R. 19, P. 62, Stamp Manual, 1924] When two or more impressed stamps are used to make up the amount of the fee chargeable under the Court-Fees Act, a portion of the subject-matter shall ordinarily be written on each stamped sheet. Where this is impracticable or seriously inconvenient, the document shall be written on one or more sheets bearing impressed stamps of the highest value, and the remaining stamps shall be punched and cancelled by the Court and filed with the record, a certificate being recorded by the Court on the face of the first sheet of the document to the effect that the full court-fee has been paid in stamps. The writing on each stamped sheet shall be attested by the signature of the person or persons executing the document. [R. 20, P. 62, Stamp Manual, 1924] When one or more impressed stamps used to denote a fee are found insufficient to admit of the entire document being written on the side of the paper which bears the stamp, so much plain paper may be joined thereto as may be necessary for the complete writing of the document, and the writing on the impressed stamps and on the plain paper shall be attested by the signature of the person or persons executing the document. [R. 21, P. 62, Stamp Manual, 1924] II. Cancellation of Court-fee Stamps ### 432. Each Judicial Officer should under Section 30 of the Court-Fees Act, 1870, formally appoint an Officer for the purpose of cancelling stamps, and should see that the Officer and no other is allowed to do the work. [G.L. 12/26, G.L. 8/45, G.L. 13/55] ### 433. The Record-Keeper of every Court or Officer shall, when a case is ( decided and the record consigned to his custody, punch a second hole with a triangular punch in each label distinct from the first and at the same time note upon the fly-leaf the date of his doing so. The second punching should not remove so much of the stamp as to render it impossible or difficult to ascertain its value or nature. These directions apply only to adhesive labels used under the Court-Fees Act. Impressed stamps used for denoting Court-fees need not be cancelled or punched otherwise than as required by Section 30 of the Court-Fees Act. ### 433A. [ [Inserted by C.S. No. 24.] Each Presiding Officer shall cause an Inspection of the disposed of records before they are consigned to the Record Room so as to check the sufficiency or otherwise of the Court-fee stamps affixed on documents. This check applies to all papers which are chargeable with stamps duty.] ### 434. The Court or Officer receiving copies, certificates, or other similar documents liable to stamp duty shall, on receipt, cancel the labels affixed to them by punching out the figure head with a round punch. As an additional precaution, the clerk in charge of the Register of Petitions and Court-fees shall, when entering the value of the Court-fee stamps in the said Register, put his signature with date across the label and upon the paper on either side of it, as is frequently done by persons signing stamped receipts. Note. - Stamps affixed to affidavits presented, to a Commissioner for the purpose of administering an oath or affirmation to the deponent, shall be cancelled by punching out with a square punch a portion of the stamp in such a manner as to remove neither the figure-head nor the part of the stamp upon which its value is expressed. ### 435. The Court or office issuing Succession Certificates, Probates, Letters of Administration or other similar documents liable to stamp duty shall, before issue, cancel the impressed stamps, on which the documents are engrossed, and the labels affixed to them by punching out with a round punch, a portion in such a manner as to remove neither the figure-head nor that part of the impressed stamps or labels upon which the value is expressed. ### 436. Each Judicial Officer should cause an occasional inspection to be made of documents that have been filed in order to ascertain that the stamps have been properly punched and defaced, and have not been subsequently removed from the documents on which they have been used. The inspection should be made at least once a quarter. The check herein prescribed applies equally to all papers which require adhesive labels, and they should be subjected to similar scrutiny. [G.L. 12/26, G.L. 8/45, G.L. 10/55] III. Inspection of Records by Registration Officers ### 437. Government having directed the Inspector-General and Inspectors of Registration to examine Record-Rooms of the various Courts in the mufassil in order to see how far the rules and instructions on the subject of the punching, custody, and sale of stamps are carried out, every assistance should be afforded by Judicial Officers to such Officers in the discharge of their duty. ### 438. Government having ordered that on the discovery of any irregularity in respect of punching or otherwise defacing Court-fees stamps, the inspecting Registration Officer shall at once bring the matter to the notice of the Presiding Officer of the Court, such latter Officer should inquire into the matter at once, and thus trace person who is responsible for the omission pointed out by the inspecting officer. Part VI – Rules relating to Registers, Periodical Returns, Statements and Annual Reports ------------------------------------------------------------------------------------------ Chapter I I. Registers --------------------------- A. General ### 439. The Registers prescribed to be maintained in the Subordinate Courts will be found in Volume II and comprise four classes:- (a) Accounts Registers; (b) Primary Registers; (c) Subsidiary Registers; (d) Statistical Registers; The Primary Registers are those which have to do directly with cases filed in Court and which form a quasi-record of the progress and disposal of such cases. The Subsidiary Registers are for administrative purposes, and the Statistical Registers for the purpose of preparing statistical returns. ### 440. The periods for which different Registers have to be preserved are shown in the list given of them in Volume II. The periods stated therein are to be reckoned from the date of the last entry in the Register and at the expiration of those periods the Registers shall be destroyed. Note. - It is not necessary to open new registers in every instance each year. ### 441. While the Court do not positively forbid the maintenance of other Subsidiary or Statistical Registers in the various Courts subordinate to it, the list referred to specifies all the Registers, which, it is believed, are absolutely necessary for judicial, administrative or statistical purposes. ### 442. [ [Substituted by C.S. No. 20.] All registers shall be kept in Hindi except the Accounts registers which shall be kept in English.] ### 443. No one except the clerk in charge of writing a particular register shall, unless otherwise provided make any entry therein without orders of the Presiding Officer. ### 444. The forms in most cases sufficiently explain themselves. The Following additional instructions are, however, issued for general guidance. B. Primary Registers ### 445. Register No. (R) 1. - General Register of Suits. - Separate Registers should be maintained for the following classes of suits:- (i) Suits for Money and Movables; (ii) Suits for Rent; (iii) Title and other Suits; (a) In the Register of Suits for Money and Movables, column 2 shall contain the consecutive number of suits in the Register and column 3 a subordinate serial number for all suits dealt with under Small Cause Court powers which are to be entered in red ink. (b) All suits under the Bihar Tenancy Act are to be classified as rent suits and should be entered in the General Register of suits for rent. [G.L. 5/65] (c) In columns 4 and 7 "and another" or "and others", as the case may be, should be added after the first name where there are more plaintiffs or defendants than one. [H.C. memo, no 2697-2709, dated 20th February, 1963] (d) It will be sufficient if the nature of the claim is briefly indicated in column 10. (e) In column 17 shall be entered not only the particulars of the order on First Appeal but also the particulars of the order on Second Appeal or in Revision, if any. [H.C. memo. no. 9103-17 dated 24th August, 1963] Note. - The High Court desire to impress upon the attention of all Subordinate Courts the necessity of duly and regularly filling in the particulars regarding proceedings in execution of decrees (columns 20 to 26........). The proceedings upon each application for execution shall find a place in this Register which is intended to show a complete history of the suit from institution to final satisfaction of decree. (f) When money payable under a decree is paid into the Court or a petition of adjustment or satisfaction is filed without there being any execution proceeding pending, such payment or satisfaction shall be noted in columns 18 and 19 under the countersignature of the Sarishtadar. The fact that this has been done shall at the same time be noted on the petition and on the order-sheet of the suit. Note 1. - If the record of the suit has been deposited in the District Record-room, the petition together with the connected papers shall be sent to the Record-keeper, who shall enter in red ink a note of payment or satisfaction (as the case may be) in the order-sheet of the record of the suit and the entry shall be signed by the Judge-in-Charge of the Record-room. ### 2. If the record of the suit is before the court of appeal, the petition together with connected papers shall be sent to that Court, where a note of the payment or satisfaction (as the case may be) shall be made in red ink in the order-sheet of the suit record and signed by the Presiding Officer of the Court of appeal. ### 3. In cases of payment into Court, the provisions of rule 118 should be carefully observed. (g) This Register shall be maintained only in the permanent Courts. A supplementary register of suits in form (R) 1A shall be maintained in additional Courts. Complete notes from start to finish including the execution proceedings regarding suits transferred to the additional Court for disposal should be entered in register (R)1 of the Court where the suits were instituted. [H.C. memo. no. 5334-48, dated 6th May, 1965, G.L. 1/32; H.C. memo. no. 4249-63, dated 24th April, 1966] ### 446. Register no. (R) 2. - Register of Miscellaneous Judicial Cases. - In this Register all Miscellaneous Judicial cases including References under the Land Acquisition Act, Probate, Letters of Administration or Succession Certificate, Applications in respect of Minors and Lunatics, Applications to sue in forma-pauperis, Claims and Objections should be entered. Applications to appeal in forma-pauperis shall also be entered in this Register. [H.C. letter no. 413-28, dated 15th January, 1966] Note 1. - In this Register should be entered all Miscellaneous Judicial Cases mentioned in rule 459 except insolvency petitions which shall be entered in a separate register in form no. (R) 2-A [and the petitions under Section 78 of the Village Administration Act, 1922 and under Sections 70 and 73 of the Bihar Panchayat Raj Act (VII of 1948) which shall be entered in the register in Form No. (R) 39] [Inserted by C.S. No. 33, dated 11.8.1972.] . Note 2. - Where there are numerous applicants or opposite parties or objectors, the names of the principal applicant and principal opposite party only need be entered in column 4 and of the principal objector, if any, in column 6, and the fact of omission of the names of the other parties may be indicated by adding the words "and ors." after the names of the principal applicant, opposite party and objector. In cases which relate to suits or other cases and where the descriptions and addresses can be traced out with reference to other cases and where the descriptions and addresses can be traced out with reference to other registers containing the descriptions and addresses of the parties in those suits and cases the descriptions and place of residence need not be noted in column nos. 4 and 6. Note 3. - The following information should be noted in the column for remarks:- (i) In the case of applications for Probate and Letters of Administration- (a) The action taken by the Court in cases in which an estate has been found to have been undervalued in the first instance. (b) The date of filing of the inventory mentioned in sections 256 and 317 of the Indian Succession Act, 1925 (XXXIX of 1925.) (c) The date or dates of submission of the accounts referred to in the same section. (d) Value of estates and value of Court-fee paid thereon. (ii) In the case of applications in respect of minors and lunatics- (a) The date of filing of the inventory mentioned in Section 34 of Act VIII of 1890 and in Section 76 of Act IV of 1912. (b) The date or dates of submission of accounts referred to in the same section. (c) In regarded to Act VIII of 1890, if no inventory or accounts have been required by the Court, the fact should be stated. (d) The order requiring proof to be furnished within a certain time of the manner of disposal of the sale-proceeds of a minor's or lunatic's property should be quoted and a note made when it has been complied with. (e) Value of the estate. (iii) In the case of application to sue or appeal, as a pauper- (a) The corresponding number of the suit or appeal as the case may be. (b) Date of sending the decree to the Collector. (iv) In case of Garnishee applications under rules 63-A to 63-H, Order XXI, Civil Procedure Code, the amount realised, the amount deducted as court-fees, the number of challan with date showing the deposit of court-fees in the Treasury. (v) In other Miscellaneous Judicial Cases relating to suits and other cases, the number of the suit or the case out of which the Miscellaneous Judicial case has arisen. ### 447. Register no. (R) 3. - In this register shall be entered all applications under the Bihar Tenancy Act other than those specified as Miscellaneous Judicial cases under rule 459. ### 448. Register no. (R) 5. - Register of Appeals- (a) The particulars of any order passed or Second Appeal or Revision shall be entered in the column headed "Remarks". (b) This Register shall be maintained only in the Court of District Judges, Additional Judges, Subordinate Judges shall maintain a Supplementary Register in Form No. (R) 6 for Appeals transferred to their Courts for disposal. When appeals so transferred have been disposed of by those Courts the records shall be sent to the Court of the District Judge for columns 13 to 15 of the latter's register being filled in his office. After this is done the records shall be returned to the Court disposing of the appeal for transmission to the Record-room in due course. Note. - When appeals are transferred to Courts situated at an outlying station in the district, the records of disposed of appeals need not be transmitted to the Court of the District Judge for columns 13 to 15 of the latter's register being filled in. It will be sufficient to send an extract from the judgement and a copy of the decree, signed and attested by the Presiding Officer of the Court which decided the appeal, to the Court of the District Judge. Columns 13 to 15 of the register No. (R) 5 should be filled up in the office of the District Judge from the copy of the decree and extra copy of the judgement so received. (c) When an appeal has been transferred to another district columns 13 to 15 shall be written up when the record is returned, after disposal, to the original Court of Appeal. (d) The date of sending copies of judgement and decree to the lower court shall be entered in the remarks column of this register and of the supplementary register, Form No. (R) 6. C. Subsidiary Registers ### 449. Registers of Ministerial Officers, etc. - Registers of attendance and of Casual Leave, Acquittance Rolls, Register or Registers Permanently preserved, Registers of issue of Forms, Registers of issue of Stationary, Registers of Letters Received, Registers of Letters despatched, Registers of account of service postage stamps, Peon-books-the forms prescribed by the State Government or the Board of Revenue may be used. D. Statistical Registers ### 450. Registers nos. (R) 31 to (R) 38. - These registers are intended to be written up from day to day, except in respect of Rent suit columns 1 to 6 in Register No. (R) 32 which should contain monthly totals only, so that, with the above exception, the entries in different columns should consist of consecutive series of numbers the last of which should, at the end of the month, quarter or year, at once supply the information required for inclusion in the Monthly, Quarterly or Annual Statement concerned. ### 451. The value of suits and amount realised in execution cases should be expressed in rupees only. Fractions of a rupee less than 50 paise will be disregarded and 50 paise and above will be reckoned as one rupee. ### 452. Registers nos. (R) 37 and (R) 38. - These registers have been prescribed in order to enable the High Court to furnish the State Government with fuller details regarding the working of the Bihar Tenancy Act. II. Periodical, Returns and Statements A. Forms ### 453. The forms of the periodical statements entered in the list at the beginning of Volume II are prescribed for adoption and submission by the Civil Courts shown against each. B. Classification of cases (i) Suits and Appeals from Decrees ### 454. (a) For the purposes of the periodical statements, suits and appeals' from decrees are divided into three classes- I. Suits for Money and Movables and Appeals in the same [G.L. 3/58]; II. Suits and Appeals under the Rent Law; and III. Title and other Suits and Appeals in the same. (b) The details of this classification, which must be strictly adhered to throughout the returns, will be found in Annual Statement No. 2 [Form No. (S) 10]. " (c) As all plaints are to be registered on presentation in the General Register of suits (Rule 23, Chapter I, Part I) orders rejecting plaints must be treated for the purposes of the rules in this Chapter as suits, and shown in Annual Statements Nos. 2, 3 and 4, Part I. ### 455. Suits for money, etc. are again sub-divided according as they are dealt with under the Small Cause Court procedure or under the ordinary procedure. Where an officer has the powers of a Small Cause Court Judge, the work done by him in the exercise of these powers should be shown bracketed with that done under his ordinary powers. ### 456. Where an officer has been appointed by the State Government under Section 109-A of the Bihar Tenancy Act (VIII of 1885) to be Special Judge for the purpose of hearing appeals from the decisions of Revenue Officers under Chapter X of that Act, the work done by him in the exercise of those special powers should be shown in Quarterly Statement A [Appeal part, Form No. (S) 4] and in Annual Statement 5, Part I, bracketed with that done under his ordinary powers. ### 457. Cases under Act XX of 1863, section 14 of Act X of 1940 and under Sections 88 and 92, Order XXXVI, Rule 3, of the Code of Civil Procedure, are to be registered as suits, and must be entered as such in the returns. ### 458. An application for Probate or for Letters of Administration should, for the purposes of the returns, be treated as a Miscellaneous (Judicial) case until the date upon which it is contested and as a suit form that date. In order to explain the discrepancies which will result in the total number of Miscellaneous (Judicial) cases for disposal, disposed of, and pending, it should be stated on the face of each return of Miscellaneous (Judicial) cases how many applications for Probate and for Letters of Administration were transferred during the period to which the returns relate, to the head of suits, and treated as suits from the dates upon which applications were contested. [H.C. memo. no. 10245 -59, dated 8th October, 1964; Re-applications under Section 75(2) of the Employees' State Insurance Act, 1948] Note. - Applications for the Revocation of Probate and Letters of Administration should be treated in the same manner as applications for Probate of Letters of Administration. (ii) Miscellaneous Judicial Cases ### 459. Separate statements being provided to show applications for the execution of decrees, these will not be included under the head "Miscellaneous (Judicial) " cases, and it is intended that such other cases only as require a Judicial enquiry or order should be included. The following list shows the cases which are to be entered under this head, and without the special orders of the High Court, no addition may be made thereto [G L. 15/62] :- (a) Cases under the Code of Civil Procedure (i) Applications under Sections 22 and 24 to an Appellate Court to transfer suits, appeals or other proceedings pending in a Subordinate Court. (ii) Applications under Order IX, Rules 4, 9 and 13 and Order XLI, Rules 19 and 21, for the restoration to the file of suit or appeal dismissed on default or decreed ex parte. (iii) Miscellaneous Civil Proceedings under Order XVI, Rules 12 and 17. (iv) Cases under Section 47. (iv) (a) Applications under Section 95. Note. - Applications for the ascertainment of mesne profits should not be registered as Miscellaneous Judicial Cases, but should be regarded as applications made in the course of the trial of the suit, vide Order XX, Rules 12. (v) Inquiries under Order XXI, Rule 2, on the application of judgement-debtors as to payments or adjustment alleged to have been made. (vi) Claims to, and objections to the attachment of, attached property under Order XXI, Rule 58, and Order XXXVIII, Rule 8. (vii) Applications under Order XXI, Rules 90 and 91 to set aside a sale in execution of a decree. (viii) Complaints by decree-holders or purchasers under Section 74 and Order XXI, Rules 97 and 98 of resistance to possession being given. (ix) Applications under Order XXI, [Rule 99 (1)] [Substituted by C.S. No. 66, dated 27.12.1979.] . (x) Commissions under Section 76(2) for the examination of witnesses, received from other Courts and executed by the Court. (xi) Applications under Order XXXIII, Rule I and Order XLIV, Rule 1 for permission to sue or appeal as a pauper. (xii) Proceedings under [Order XXXIX Rule 2(a)] [Substituted by C.S. No. 67, dated 27.12.1979.] , clauses (3) and (4). (xiii) Applications under Order XLVII, Rule 1 for Review of Judgement. (xiv) Applications for a Reference to the High Court under Order XLVI, Rule 7. (xv) Applications under Section 144 of the Code of Civil Procedure. (xv) (a) Applications under Sections 151 and 153 of the Code of Civil Procedure. (xv) (b) Applications for Garnishee proceedings under [Rules 46-A to 46 I] [Substituted by C.S. No. 68, dated 27.12.1979.] , Order XXI, Civil Procedure Code. (b) Cases under other Acts [G.L.9/53., G.L.3/54] (xvi) Cases regarding the property of intestates under Section 7 of the Bengal Wills and Intestacy Regulation, 1799, in which a claimant appears. (xvii) Applications for the issue of an injunction under Section 6, Bengal Patni Taluks Regulation, 1819. (xviii) Applications under Part VII of the Indian Succession Act (XXXIX of 1925). (xix) Applications regarding the care of lunatics' estates, and the guardianship of their persons, under the Indian Lunacy Act, 1912. (xx) Applications under Section 47 or Section 75 of the [Indian Lunacy Act 1912] [Substituted by C.S. No. 66, dated 27.12.1979] , for sanction to the sale, etc., of the property of lunatics. (xxi) Applications for Probates and Letters of Administration under the Indian Succession Act, 1925 except contested cases which must be transferred to the head of suits. See rule 458 ante. (xxii) Inquiries made at the instance of the Collector under clause 5 of Section 19H of the Court-Fees Act, 1870 as to true value of the property of deceased persons. (xxiii) Cases under Section 59 of the Land Registration Act, 1876. (xxiv) Cases under Section 14 of the Legal Practitioners Act, 1879. (xxv) Cases regarding redemption and foreclosure of mortgages under Section 83 of the Transfer of Property Act, 1882. (xxvi) Cases under Sections 84, 91, 93, 98(8), 99, 153 (last paragraph), 158, 169 and proceedings under sub-sections (5) and (6) of Section 163 of the Bihar Tenancy Act, 1885. (xxvi) (a) Proceedings under clauses (a) , (b) and (c) of Section 15 of the Bihar Restoration of Bakasht Lands and Reduction of Arrears of Rent Act, 1938. (xxvii) Applications for Succession Certificate under the Indian Succession Act, 1925. (xxvii) (a) Application under Sections 7, 8, 9, 11, 12, and 33 of the [Arbitration Act, 1940 (Act LX of 1940).] [Now see Arbitration and Concilation Act, 1996.] (xxviii) Applications under the Guardians and Wards Act, 1980, for certificates of guardianship of minors, or of administration of their property, or, where no previous appointment of a guardian has been made by the Court or applied for, for their return to the custody of their guardians. Note. - Subsequent proceedings in connection with a guardianship case are to be treated as part of the original case and should not be registered as separate Miscellaneous cases. (xxviii) (a) Applications under Section 8 of the Hindu Minority and Guardianship Act, 1956 (Act 32 of 1956). (xxix) Cases under Parts III and IV of the Land Acquisition Act, 1894. (xxx) Miscellaneous Criminal Cases under Sections 195(1) (a), 476, 478 and 480 of the [Criminal Procedure Code, 1898. [G.L. 5/16, G.L. 2/23] [Now, see Code of Criminal Procedure, 1973 (2 of 1974).] (xxx) (a) References under Section 146 (1) of the Code of Criminal Procedure, 1898, as amended by Act XXVI of 1955, to decide the question of possession. (xxxi) Insolvency petitions under the Provincial Insolvency Act, 1920. Note. - Subsequent proceedings in connection with the same insolvency petition are to be treated as part of the original proceeding, and should not be registered as separate Miscellaneous Cases. (xxxii) Application under the Charitable and Religious Trusts Act (Act XIV of 1920). (xxxiii) Application under Section 78 of the Village Administration Act, 1922 (III of 1922), and under Sections 70 and 73 of the Bihar Panchayat Raj Act (VII of 1948). [G.L. 1/53] Note. - A separate account of these applications should be kept in the register in Form No. (R) 39. (xxxiv) Cases under the Mussalman Wakf Act, 1923 (XLII of 1923), and applications for the sanction required by the Muhammadan Law for the transfer of Wakf property. (xxxv) Applications under Section 5 of the Religious Endowment Act, 1863 (XX of 1863). (xxxvi) [Omitted]. (xxxvii) Applications under Section 13 of the Bihar Money-Lenders (Regulation of Transactions) Act, 1939 (Bihar Act VII of 1939). (xxxviii) Applications for deposit of money under Sections 15 and 24 of the "Bihar Money-Lenders Act, 1938 (Bihar Act III of 1938). (xxxix) Cases arising out of Election petitions under the Bihar District Election Petitions Rules, 1939. (xl) [Omitted]. (xli) Cases arising out of Election Petitions under the Bihar Municipal Election Petitions Rules, 1941. (xlii) [Omitted]. (xliii) Case under Section 82A of the Indian Railways Act, 1890. [G.L. 5/ 52, G.L. 8/55] (xliv) Applications under Sections 28(3), [29(3),] [Inserted by C.S. no. 46, dated 18.12.1973.] 32(3) , 43(1), 47 and 48 of the Bihar Hindu Religious Trusts Act (Act I of 1951). (xlv) Application under Section 30 of the Industrial Finance Corporation Act, 1948 (Act XV of 1948). (xlvi) Applications under Section 11B of the Jharkhand Building (Lease, Rent and Eviction) Control Act, 2000. [G.L. 3/58] (xlvii) Applications under Sections 11, 22, 32, 34, 36, 41, 46, 49, 53, 71, 72, 73 and 74 of the Indian Trust Act (II of 1882). [H.C. memo. no. 2669-83, dated the 24th November, 1962] (xlviii) Applications under Sections 75, 89, 113, 141, 234, 240 and 614 and cases under Sections 118, 144, 163, 196, 219, 304, 307 and 375 of the Companies Act, 1956 (1 of 1956). (xlix) Applications under Section 22 of the Hindu Succession Act, 1956 (Act 30 of 1956). (li) [ x x x x] [Deleted by C.S. no. 74, dated 1.5.1985.] (li) [ Applications under Sections 31 and 31 (1) of the State Financial Corporation Act, 1951] [Inserted by C.S. No. 8, dated 11.8.1972.] (lii) [ Applications under Section 11 of the Bihar Panchayat Samitis and Zila Parishads Act, 1961. [Inserted by C.S. No. 28, dated 11.8.1972.] (liii) Petition under rule 149 of the Bihar Panchayat Samitis and Zila Parishads (Elections, Co-options and Election Petitions) Rules, 1963.] (liv) [ Applications under Sections 46 and 47 of the Bihar Waqf Act, 1947.] [Inserted by C.S. No. 30 and Substituted by C.S. No. 42, dated 28.11.1973.] (lv) [ Applications under Section 8 (2) of the Bihar and Orissa Aerial Ropeways Act, 1924.] [Inserted by C.S. Nc. 51, dated 27.9.1974.] (lvi) [ Applications under Sections 152 and 242 of the Ranchi Municipal Corporation Act.] [Inserted by C.S. No. 53, dated 24.9.1979.] (iii) Miscellaneous Non-judicial cases ### 460. Under the head "Miscellaneous (non-judicial)" cases information is required in the returns regarding only a few specified heads, viz. - (i) Applications for the service of notices of execution by non-occupancy raiyats of agreements to pay enhanced rent under Section 46 of the Bihar Tenancy Act, 1885. (ii) Applications by tenants to deposit rent under Sections 61 and 62 of the same Act. (iii) Applications for service of notices of transfer of occupancy holdings under Section 73 of the same Act. (iv) Applications for the service of notice of surrender of holdings under Section 86 of the same Act. (v) Applications under Section 15 of the Bengal Patni Taluks Regulation, 1819 (Regulation VII of 1819). (vi) Applications for service of notice under Section 155 of the Bihar Tenancy Act. (iv) Miscellaneous Appeals ### 461. The following are classed as Miscellaneous Appeals:- (i) Appeals from orders under Section 104(1), and Order XLII I Rule 1, of the Code of Civil Procedure. (ii) Appeals in Miscellaneous Judicial Cases. (iii) Appeals under Section 17 of the Payment of Wages Act, 1936 (IV of 1936). (iv) Appeals under Section 70, sub-clause 2(b) of the Bihar Hindu Religious Trust Act (I of 1951). (v) [ Appeals under Section 9 against orders under Sections 5 and 7 of the Public premises (Eviction of Unauthorised Occupants) Act, 1958 ] [Inserted by C.S. No. 1, dated 11.8.1972.] (vi) [ Appeals under Section 11(1)(i) of the f+Bihar Land Encroachment Act (Act XV of 1956).] [Inserted by C.S. No. 48, dated 26.12.1973.] C. Compilation of Statements and Returns ### 462. For the purpose of Periodical Statements, suits in which preliminary decrees are made under the provisions of Order XX of the Civil Procedure Code and suits for the foreclosure of a mortgage or the sale or redemption of mortgaged property in which a preliminary decree is made under the provisions of Order XXXIV will be considered as, disposed of when such preliminary decree is passed. Subsequent proceedings are to be treated as a continuation of the suit. A separate statement of suits in which final decrees have been passed on contest, or remain to be passed (but not including those the records whereof have been sent to the Record-room under notes 2 and 3 to rule 259, Part III, Chapter III), should be furnished every quarter in Form No. (S) 7-B. ### 463. A case in which a defendant having appeared at the first hearing, fails to appear at an adjourned hearing, and a decree is passed against such defendant, should according to the decision reported in Indian Law Reports 23, Calcutta, 738 be exhibited in the periodical returns as "decreed ex parte" ### 464. The following cases should be treated and shown as "uncontested", namely, all cases in which the only question or questions ultimately decided on, or with show of contest, are [G.L. 3/35]:- (1) a question regarding the amount or apportionment of costs; (2) a question regarding payment by instalments; (3) an unsubstantial question as to the rate of interest; or (4) in rent suits, a question regarding the award or amount of damages. Note. - Such cases should be shown as disposed of on confession or compromise as the case may be. ### 465. A case is not said to be received or disposed of by transfer except when it is passed from one Court to another by an order. Cases which have been left by the Presiding Officer to his successor in the same Court are not to be treated as transferred. Where, through mistake or otherwise, a case has to be transferred from one file to another in the same Court, the column "Pending" must be corrected, and explanation given in the next return. ### 466. Application under Section 39 of the Code of Civil Procedure for the transfer of decrees to other Courts for execution, are not applications for execution and, whether granted or refused, should not appear in the returns at all. If a decree be transferred for execution by a superior Court to a subordinate Court of its own motion after an application for execution under Order XXI, Rule 10, has been filed and execution ordered under Order XXI, Rule 17, that application should be shown as disposed of and received by transfer. In any other case the receiving Court is not to make any entry in its returns until it receives from the creditor an application for execution under that Section. If, after proceedings have been commenced in any Court on an application for execution, the creditor makes an application for transfer to a Court not subordinate, and the court complies with it under clauses (a) to (d) of Section 39(1) the case pending in the transferring Court shall be returned as disposed of by transfer, when satisfaction of the decree has not been obtained at all on the application for execution; and as disposed of on its merits, when part satisfaction has been obtained but, as directed above, it is not to be noticed in the receiving Court's returns as received by transfer. ### 467. In order to obtain the average duration of cases, the aggregate number of days for which all cases were pending before the Court must be divided by the total number of such cases. ### 468. As regards suits, cases or appeals the date of the presentation of the plaint, application or memorandum of appeal shall be considered as the date of institution, unless some defect or omission requires to be amended before the plaint, application or memorandum of appeal can be admitted, in which case the date of admission after amendment, shall be regarded as the date of institution. With regard to plaint, application or memorandum of appeal, which is date of their presentation should alone be considered. Note. - When a plaint is admitted after the date on which it is presented, the date of admission should be shown below the date of presentation in column 1 of the register of civil suits. ### 469. When an order has been made under Order XLI, Rule 25 or 27 of the Code of Civil procedure, the case is to considered as pending before the Appellate Court, and the time occupied in making the return called for, or in taking the evidence, be counted as time occupied in the appeal. ### 470. When an order of remand is made under [Order XLI, Rules 23 and 23A] [Substituted by C.S. No. 69. dated 27.12.1979.] of the Code of Civil Procedure, the case must be treated as decided by the Appellate Court, and must be brought on the file of the Lower Court. ### 471. The calculation of the duration of cases shall be made as follows:- (1) Except for calculation of average duration, cases restored or revived under the provisions of the Code of Civil Procedure and cases received on remand, shall be treated as pending from the date of institution (see rule 468 above) and not from the date of restoration, revival or of receipt after remand. (2) In calculating average duration, the time that the suit has actually been pending in the Court of first instance should alone be calculated. The interval should be omitted during which an application for review which has been granted or an appeal in which an order for remand has been passed, has been pending in the superior Court. Revived suits are to be treated as newly instituted on revival. (3) In respect of cases transferred from one Court to another the duration should be invariably calculated from the date of institution. Advantage should be taken of the column in the returns for "Remarks" to show the extent to which the particular Court immediately concerned is responsible for any delay, which under the rules, requires explanation. Note. - The date of the transfer of a case by one Court is ordinarily to be taken as the date of its receipt on transfer by another; any instances of unusual delay should be noticed in the explanations. ### 472. Gazetted holidays, Sundays and vacations should be included in the calculations but where a long series of holidays or a vacation is a serious factor in delay this should be noted in the remarks column. ### 473. Separate accounts must be kept of the time cases, whether suits or appeals, were pending (1) from the date of institution to original or fist decision; (2) from date of application for review or revival to date of final disposal of the application, and if the application has been granted, from the date of granting to the date of final disposal of the case; (3) from the date of order of remand to the date of the new decision under such order. D. Submission of Periodical Returns ### 474. Monthly and Quarterly Statements should be despatched by Subordinate Courts to the District Judge on or before the 5th of the month next succeeding the period to which they relate and Annual Statements on or before the 20th day of the new year. [G.L. 8/19] ### 475. Quarterly Statements should be submitted by the District Judges to the High Court on or before the 15th of the month next succeeding the period to which they relate; and the Annual Statements alongwith the Annual Reports on (he administration of Civil Justice on or before the 15th February of each year. ### 476. Punctuality in the submission of statements must be insisted upon and the District Judges should be careful to take necessary steps to ensure the accurate compilation and prompt despatch of the same. ### 477. Except where specially provided, the returns are meant to show separately the work of each Court and not the work of each Officer who may have presided during the year in the same Court. Officers' names need not therefore be given. Where a Small Cause Court Judge presides over more than one Court the returns must show distinctly the work of each Court unless the figures required are mere totals for the "class of Court". ### 478. Where the figures given in any return differ from those given in any returns previously submitted, explanations should always be given in order to avoid the necessity for a reference in the matter. ### 479. Officers having work in more departments that one should always note in their returns how their time was apportioned between the various departments. This is necessary to enable the Court to Judge whether the work done, is sufficient, and to admit of the Officer's salary being correctly apportioned in the Annual Returns between the various departments. ### 480. In the Periodical Returns submitted to the Court by District Judges the returns of all Subordinate Courts including Small Cause Courts, as well as those of Additional Judges, should be incorporated. ### 481. Where, in the general statement compiled tor any District, the total of the column "Received by transfer" differs from that of the column "Disposed of by transfer" the reason should be explained, and any cases transferred from or to other State should be noted particularly, as the information is required in the preparation of the Court's general returns. ### 482. When a statement is blank it should not be submitted a note to that effect being sufficient. ### 483. District Judges are expected carefully to examine the statements submitted by the Subordinate Courts and to satisfy themselves that the business in those Courts is transacted with due despatch and that cases receive personal attention in execution as well as before decree. They should also examine at least half-yearly a certain proportion of the records sent into the Record-room for that purpose. Where a District Judge is unable to do so himself he should cause the records to be examined by the senior Subordinate Judge under him ### 484. In all Quarterly Statements the number of days during which any District or Subordinate Judge or any Munsif has been absent from Court owing to temporary indisposition or other cause should be noted in the column for remarks. ### 485. (a) Explanations of the delay in the disposal of suits, etc., shall be submitted half-yearly to the District Judge by the Subordinate Courts. These explanations are required (1) in cases dealt with under the Small Cause Court Procedure, (2) in Miscellaneous Judicial cases, and (3) in Miscellaneous Appeals, when a suit, case or appeal has been pending for more than six months, or (4) when a decree has been for more than six months under execution. In the case of all other classes of suits and appeals from decrees, explanations are required only when such cases have been pending for more than one year. In the case of Rent Suits, District Judge need make enquiry only if the number entered in the Quarterly Statements as pending for more than three months is unusually great. (b) The above explanations shall be submitted to the District Judges in Form No. (S)8. (c) District Judges are at liberty, if they think it necessary, to call for a full explanation from any Subordinate Court in regard to any case on its file. Any case which calls for special notice should be brought to the notice of the High Court. ### 486. District Judges will submit, with their Quarterly Returns, a concise statement in Form No. (S) 7, regarding the outturn of work shown by each of their subordinates, and an expression of their opinion on any deficiency apparent in this respect. These statements will be taken into consideration by the Court in connection with transfers and promotions in the State Judicial Service. Note. - The number of witnesses examined by Assistant Sessions Judges is not to be included in column 11 of the Statement ### 487. Most of the Annual Statements can be readily compiled from the Statistical Registers. In the case of others it is essential that the requisite information should be collected from time to time, so as to be available without delay at the close of the year. In the latter case District Judges should be careful to require the proper Officers of their Courts, and of the Courts subordinate to them, to collect the information at convenient intervals. III. Annual Reports ### 488. District Judges shall submit to the High Court, alongwith the Annual Returns and Statements, a Report for the year to which these refer upon the administration of Civil Justice and tabular statements in Forms Nos. (S) 22-28, which should contain opposite remarks as to any increase or decrease of business, or the like, shown in each. These tables shall include the figures for all the Courts of Small Causes and the regular Civil Courts in each District, separate totals being given for each of these classes of Courts. District Judges should be careful to avoid treating their Annual Reports as matters of routine, and are expected to see that the entries in the tables included in them, and those of the corresponding Annual Statements, agree, as they must do, exactly. The failure to explain discrepancies between figures given in two successive Reports, which, in the absence of special reason, ought to be identical, is also a matter which leads to much unnecessary correspondence, and should be avoided. ### 489. (a) The High Court does not consider it necessary to prescribe the use of any particular form of Report, leaving it to the District Judges to put on record the main features in the administration of the year in the manner which may appear to them most suitable. (b) The following matters must, however, receive notice :- (i) The condition of Judicial Buildings. (ii) The state of the Judges Record-room, which must be ascertained by careful enquiry, and not from the mere report of the Record-keeper. (iii) The extent to which effect has been given to the rules regarding the arrangement of the records in the course of the trial, and to the rules regarding the destruction of useless records. (iv) The condition of the Judge's Library. (v) The mode in which effect is given to the rules relating to the employment of Civil Courts Amins and other Commissioners. Note. - A paragraph should be inserted showing separately the number of persons of each of the three classes included in the list maintained under rule 158, Part I, Chapter VII, ante; the number of such persons, class by class, to whom commissions requiring at knowledge of surveying were issued during the year; the number of such commissions issued to them; and the total amount paid to them. Separate figures should also be given with regard to commissions, if any, issued to persons not entered in the list. Remarks on the manner in which survey commissions have been executed by the various classes of Commissioners should be added. (vi) The working of the rules under Court-Fee Act. Note. - District Judges are required to state under this head the number of original processes issued to process-serving peons during the year according to the classification laid down in Rule 70, Chapter II, Part I. (vii) The result of the examination of the records of cases decided by Subordinate Judicial Officers (Rule 483 ante). (viii) The number of cases reported during the year to the Collector under Section 58(4) of the Bihar Tenancy Act and the Judge's observations thereon. (ix) The working of the rules regarding Pleaders' and Mukhtars clerks. (x) [Omitted]. (x) (a) The extent to which the Subordinate Courts have applied the provisions of the Usurious Loans Act, 1918. (xi) The effect of recent legislation on the working of the Courts. (xii) The date on which each Subordinate Court in the District was last inspected by the District Judge. ### 490. The Character, Qualifications, and official merits of the several subordinate Judicial Officers should be made the subject of a report; in which the work done by, and the result of appeals from, each officer ought to be analysed and commented upon, only as aids to forming a judgement as to their respective deserts and fitness for promotion. This is not however, to debar District Judges from recording in their Administration Reports any instance of special and distinguished merit on the part of any subordinate Officer, which they consider deserving of special mention and entitling the person indicated to the favourable notice of the Court or of Government. [G.L 3/61, G.L. 162] Note 1. - Such reports should set out clearly and tersely sufficient particulars to enable the Court to form a correct and definite judgement on the merits of the Officer reported on; and to ensure this, it is necessary that they should indicate any special merits or defects which may exist in his case. In case of a very bad report it is desirable, if possible, the the unfavourable trait should be very briefly illustrated. District Judges should form a clear and reasoned estimate of the merits and demerits of the officers under them and express their views clearly and fully. Where a District Judge has seen little or nothing of the work of any officer under him, he should say so in reporting to the High Court and should takes steps to ensure full reports being submitted in the following year. Where the District Judge has been newly posted to the District he should submit to the Court the report or opinion recorded by his predecessor and when the subordinate officer has been transferred from another district, the District Judge should obtain from the Judge of the District and submit the report required by this rule. Where a District Judge has seen something of an officer's work, he should record something more that such vague general expressions as "satisfactory", "good", "unsatisfactory", "bad" or the like. [If, at the time of submitting the confidential report it is found that an officer has taken steps to remedy any defect previously reported, mention should be made of this fact also in the report and then with the Courts concurrence that officer concerned should be informed that his efforts at improvement have been noticed. If the confidential report on the work and character of Subordinate Judicial Officers contain remediable defects or any adverse remarks regarding an officer which in the opinion of the High Court should be communicated to him for his guidance and correction, a transcript of the remarks will be sent by the Registrar directly to the officer concerned.] [Substituted by C.S. no. 12, dated 11.8.1972.] Note 2. - Reports on the merits of an officer should invariably state whether the officer exercises effective control of his office and of any departments which may be in his charge. Part VII – Legal Practitioners -------------------------------- Chapter I The Qualifications Admission and Certificates of Pleaders and Mukhtars in Courts subordinate to the High Court ----------------------------------------------------------------------------------------------------------------------------- I. General ### 491. The following rules have been framed by the High Court under Sections 6 and 7, Act XVIII of 1879. ### 492. The word "Committee" in this Chapter means the Committee of Legal Education appointed by the Lieutenant-Governor of Bihar and Orissa under the provisions of Section 37 of Act XVIII of 1879. (Bihar and Orissa Government Notification No. 421-J.T., dated the 29th June, 1920, published at pages 330 and 331 in Part I of the Bihar and Orissa Gazette, dated the 30th June, 1920.) II. Qualifications of Pleaders ### 493. The following persons may be admitted as pleaders in Courts subordinate to the High Court, that is to say- [(a) Any person who shall have obtained the degree or the provisional certificate for the degree of Bachelor of law from any University established by law in the territory of India.] (b) Any person who shall produce a certificate from the Committee that he has passed the Pleadership Examination held in accordance with the rules that were in force till the year 1938. III. Qualifications of Mukhtars ### 494. Any person who shall produce a certificate from the Committee that he has passed an examination held in accordance with rules that were in force till the year 1947, may be admitted as a Mukhtar to practise in Courts subordinate to the High Court. [G.L. 1/47] ### 495. Notwithstanding anything contained in the foregoing rule, a person who has not passed the examination mentioned therein may be admitted as a Mukhtar to practise in the Courts of the merged States of Seraikella and Kharsawan provided he was practising as a Mukhtar in either of the said States before their merger with the State of Bihar. IV. Admission to Practice ### 496. Any person who shall have qualified under these rules and who shall desire to be admitted to practise shall pay into the Government Treasury of the District in which he shall intend ordinarily to practise, the fee prescribed by rule 508 and shall, on presentation of the certificate of the Committee or of his diploma or provisional certificate, of the receipt for the said fee, and or a stamp paper of the necessary value of his first certificate of practice, be entitled to apply to the High Court for admission, stating in what classes of Courts he desires to practise, with reference to Schedule 1 and Schedule 2 of Act XVIII of 1879. Note- An application under the Legal Practitioners Act (XVIII of 1879) for admission as a Pleader or Mukhtar of the Subordinate Courts or for renewal of a certificate, or for enrolment, being made to a Court in its administrative capacity, does not fall within the provisions of the Court-Fees Act (VII of 1870) and is not liable to any stamp duty. All such applications will be received by District Judges on plain paper, and where necessary, forwarded to the High Court in accordance with these rules. ### 497. The application together with the diploma or the certificate, the receipt and the stamp paper required by rule 496 shall be presented to the Judge of the District in which the applicants intend ordinarily to practise; and shall be forwarded by the Judge to the Registrar of the High Court with such remarks as he may think fit to make thereon. In the case of applications from law graduates of the Nagpur University, the Judge should report after an enquiry by the District Authorities, whether the applicant is or is not a native of and permanent resident in the State of Bihar. ### 498. The name of the applicant and his place of abode, together with his father's name and place of abode, shall be affixed in some conspicuous place in the Court-house of the Judge by whom the application is sent, and also in the High Court at least six weeks before the applicant is admitted to practise. Note. - Pleaders and Mukhtars otherwise eligible for admission under these rules, if previously enrolled in any other High Court may, subject to the provisions of rule 507, be admitted to practise in Courts subordinate to the "High Court of Judicature at Patna. Such cases will be treated as cases of first admission. ### 499. The High Court may call for evidence of the respectability of the applicant in any case in which it may be deemed necessary. ### 500. Notwithstanding anything contained in the rules of this Chapter, the High Court reserve to themselves the right without assigning any reason to refuse the enrolment of any Pleader or Mukhtar. ### 501. As a temporary measure the High Court may exempt any person who was practising as a Pleader or Mukhtar in Pakistan, or any person who having obtained a degree of Bachelor of Law in any of the Universities in Pakistan seeks enrolment as a Pleader for the first time, from all or any of the requirements of the rules framed under Sections 6 and 7 of Act XVIII of 1879 and on such exemption being granted such a person shall be deemed to have complied with the rules. V. Certificates ### 502. Upon the applicant being admitted by the High Court, the Registrar of the High Court shall cause his name to be entered in the proper Register, and shall grant him a certificate as required by Section 7 of Act XVIII of 1879, authorizing him to practise up to the end of the current year in the Courts, and in the case of a Pleader, also the Revenue Offices specified therein. Note. - Pleaders holding certificates under clause (e) of Schedule II of the Legal Practitioners Act (XVIII of 1879) are entitled to practise before Munsifs when exercising Small Cause Court powers, and lower grade pleaders who formerly practised in the Provincial Small Cause Court, constituted under Act XI of 1865 or Act IX of 1887, may be allowed to practise before Subordinate Judges when exercising Small Cause Court powers, but for this purpose they must hold a certificate under clause (d) of the Schedule. ### 503. The certificate shall bear the number assigned to it in the Register, and shall be signed by the Registrar and forwarded to the District Judge, to be delivered to the applicant. ### 504. Any Pleader or Mukhtar who may apply for the renewal of his certificate under Section 7, Act XVIII of 1879, unless he has been ordinarily practising in the Court of the District Judge, or other officer authorised to renew certificates, shall, with his application, file a certificate of character from the Judge presiding in the Court in which the applicant ordinarily practises. The Munsif or Subordinate Judge may forward the application for a renewed certificate to the District Judge. ### 505. If the District Judge or other officer authorized to renew certificates considers that the character or conduct of any Pleader or Mukhtar who has been ordinarily practising in the Court of the said Judge or officer, as the case may be, and who may apply for the renewal of his certificate under Section 7 of Act XVIII of 1879 is such that his certificate should not be renewed, he shall forward the said application with a statement of and the grounds for his opinion to the High Court for orders, and the High Court shall pass thereon such orders as it thinks fit. ### 506. The renewed certificate shall state only the particulars contained in the former certificate and the fact and date of its renewal. [G.L. 9/45, G.L. 12/49] ### 507. When a Pleader or Mukhtar seeks enrolment in any District other than that in which he first commenced practice, proper enquiries should be made to satisfy the Judge as to his identity and previous good conduct. VI. Fees ### 508. The fee payable on application for enrolment shall be as follows: | | | | | | | --- | --- | --- | --- | --- | | | | | Pleader. | Mukhtar. | | | | | Rs. | Rs. | | Before admission ... | ... | ... | 25 | 10 | VII. Penalties ### 509. If any person who has obtained the degree or passed the examination entitling him to be admitted and enrolled as a Pleader or as a Mukhtar, shall fail to apply for such admission and enrolment for a period of one year from the time of his being so entitled, he shall not be admitted and enrolled unless, by special order of the High Court, the time for such application shall be extended. ### 510. If any person having been admitted and enrolled as a Pleader or Mukhtar shall neglect to take out a certificate, or, having obtained a certificate, shall fail to renew it for a period of three years, he shall be suspended and shall not be entitled to receive a certificate, or to have his certificate renewed, without further orders of the High Court. ### 511. Any person who shall hold any appointment whether under Government or not, or shall carry on any trade or other business, at the time of his application for admission as a Pleader or Mukhtar, shall state the fact in his application for admission, and the High Court may refuse to admit such person, or may pass such orders thereon as they think proper. ### 512. Any person who, having been admitted, as a Pleader or Mukhtar, shall accept any appointment whether under Government or not, or shall enter into any trade or other business, shall given notice thereof to the High Court, who may thereupon suspend such Pleader or Mukhtar from practice, or pass such orders as the said Court may think fit. Note. - A Pleader or Mukhtar may without such permission be a shareholder or a director other than the managing director of a joint-stock company registered under the Indian Companies Act. ### 513. Any person who having been suspended from practise at his own request, or under rule 510 or 512, desires, on relinquishing his appointment or other occupation or for any other reason, to be re-admitted to practice, shall apply through the District Judge to the High Court for permission, and the High Court may before and as a condition precedent to the grant of such permission require him to furnish evidence of good conduct and character during the period of his suspension, and may impose such other or further condition as may be thought proper. ### 514. Any wilful violation of any of the above rules shall subject a Pleader or Mukhtar to suspension or dismissal. Chapter II Annual renewal of Legal Practitioners' Certificates and returns of the same, etc ------------------------------------------------------------------------------------------------ ### 515. All Pleaders' and Mukhtars certificates, whether taken out for the first time or renewed, shall be issued by District Judges as from the 1st January of the year in which they are taken out. District Judges shall submit, during the first week of February in the following year, a return of the certificates renewed by them for the current calendar year, as well as the names of those Pleaders and Mukhtars who had not renewed their certificates up to the date of report, and who are not therefore entitled to practise. A list containing the names of these last mentioned persons shall be posted in the Court-house, with an intimation that they are liable to penalties if found practising without having renewed their certificates. If any Pleader or Mukhtar whose name appears in the list, shall subsequently take out a certificate during the year, his name shall be reported to the High Court. Note 1. - The District Judge may without reference to the High Court renew a certificate on a stamp paper of higher or lower denomination than that used in the previous certificate. Note 2. - The annual return to be submitted in loose forms of the Register of Pleaders and Mukhtars Form No. (R) 24j. Note 3. - A copy of the list of the names of those Pleaders and Mukhtars who had not renewed their certificates up to the date of the District Judge's report to the High Court shall be sent to each court within the District for information. If and when such legal practitioners subsequently renew their certificates the courts in the District shall be similarly informed of the fact. ### [516. Separate returns should be submitted of (1) Pleaders of the higher grade, (2) Pleaders of the lower grade, and (3) Mukhtars, and the first part of each return should show, in order of seniority, the names, etc., of those who have renewed their certificates; and the latter part, the names, etc., of those who have not done so. ### 517. District Judges will inform the District Magistrates of the names of any Pleaders and Mukhtars who may enrol themselves in their Courts or may renew their certificates. Chapter III Rules as to the Functions, etc., of Mukhtars practising in Subordinate Courts, framed under Section 11 of Act XVIII of 1879 -------------------------------------------------------------------------------------------------------------------------------------------- ### 518. The following are the functions, powers and duties of Mukhtars practising in the Subordinate Courts [G.L. 6/30] :- (1) To take instructions from their clients and to communicate with them. (2) To instruct Advocates, Vakils and Pleader. (3) To present plaints and to receive them back if rejected or returned and to tender written statements. (4) To present petitions and file objections when such petitions and objections bear the signature of the Pleader, if any, in charge of the case. (5) To receive service of processes. (6) To apply for summons to persons whose attendance is required either to give evidence or to produce documents. (7) To give notice requiring admission of genuineness of documents. (8) To pay into or deposit money in Court and receive and give receipt for payment of money out of Court. (9) To apply for withdrawal of money deposited in Court and to receive payment. (10) To apply for and receive copies. (11) To bid for or purchase for his principal any property which his principal may himself legally bid for or purchase. (12) Receive back documents produced in evidence. (13) To apply to the Court to send for a record. (14) To file affidavits. (15) To apply to withdraw or adjust a suit (on producing a special power so to do).. (16) To file a memorandum of appeal or cross objection duly signed and certified by a Pleader and receive it back if it be rejected or returned. (17) To identify persons before a Court-officer. (18) To communicate with such Court officers for information regarding any case as are permitted to give the same. ### 519. A Mukhtar shall not be allowed to address any Civil Court except for the purpose of stating the nature and effect of his application or to offer any legal argument or to examine any witness without the leave of the Court specially given. ### 520. Every Mukhtar who has acted for a suitor in any appeal or matter shall be bound to furnish to his client within 15 days after the decree or order of the Court has been signed, an account in the form hereto annexed and in a language which the client understands, showing all receipts and disbursements which have passed through his hands in the cause; and to such account shall be annexed a receipt signed by the Advocate, Vakil or Pleader for all fees paid to him. A. B., in account with C.D., Mukhtar of the Subordinate Court of | | | | --- | --- | | Cr. | Dr. | | 1 | 2 | 3 | 4 | | 20 ... 1st January To money advanced | Rs. P. ... ... ... | 20 January To paid for (here state particulars) To my fee for (here state the particular acts he has done in the matter). To fee paid to E.F. Advocate,Vakil, or Pleaders for, etc. | Rs. P. ... | Chapter IV Rules regarding Vakalatnamas and Mukhtarnamas ------------------------------------------------------------- ### 521. When a Vakaltanama or a Mukhtarnama is given by a party, who can sign his or her name, it must be signed by the party. When the party cannot sign his or her name, the Vakalatnama or Mukhtarnama must be endorsed as follows:- | | | --- | | I, A. B, do hereby appoint C.D.| PleaderVakil| , to act for me in the abovenamed | case, in token whereof I have affixed my left thumb impression in the presence of E.F. X (Left thumb impression). and I, E.F., do hereby attest the above thumb impression as having been affixed in my presence by A.B., who is known to me. X (signature) . ### 522. Vakalatnamas and Mukhtarnamas whether executed by principals or their attorneys and agents, shall not be required to be verified on oath. The responsibility in regard to all such documents being properly and correctly executed shall rest entirely with the legal practitioners concerned. This rule does not apply to cases in which only agents or Mukhtars not duly certificated under any law, for the time being in force, are employed. In all such cases the Mukhtarnamas shall be verified on oath. ### 523. The appointment of a Mukhtar in addition to a Pleader cannot be authorized on the Vakalatnama appointing the latter but only on a separate document drawn as a Mukhtarnama and vice versa. ### 524. (a) No Vakil or Pleader without accepting in writing a Vakalatnama and no Mukhtar without accepting in writing a Mukhtarnama shall act in any case. (b) No Vakil or Pleader shall plead in any case unless he has (a) been engaged for that purpose by another Vakil or Pleader duly appointed to act for party or (b) filed a memorandum of appearance under Order III, Rule 4 of the Civil Procedure Code. ### 525. (a) Pleaders of all grades, Vakils and Mukhtars must understand their responsibility to the Courts in which they practise in the matter of accepting Vakalatnamas or Mukhtarnamas, as the case may be, from the parties themselves or from persons professing to be authorized by special or general powers-of-attorney to act on behalf of other persons. (b) The Courts accept Vakalatnamas and Mukhtarnamas on the responsibility of the legal practitioners filing them. A Pleader or Mukhtar accepting a Vakalatnama or Mukhtarnama purporting to be executed by his client in person is bound to satisfy himself that it was so executed. When it purports to be executed by a third party on behalf of his client he is bound to ascertain that such person has been duly empowered by the client to appoint a Pleader, Vakil or Mukhtar, as the case may be, and has himself executed the document. (c) No Vakil or Pleader shall receive a Vakalatnama and no Mukhtar shall receive a Mukhtarnama from any person other than the party himself or his recognized agent or person duly authorized by a power-of-attorney to act in this behalf or his servant or relation. Note. - A Vakalatnama may be accepted from a Pleader or a Vakil specially authorised in writing in that behalf. (d) No Vakil or Pleader shall receive a Vakalatnama and no Mukhtar shall receive a Mukhtarnama from a person who is unable to sign his or her name, unless it bears an endorsement in the form prescribed by rule 521 (above). (e) Where there are more parties than one and they want to file separate Vakalatnamas or Mukhtarnamas, the Vakalatnama or Mukhtarnama of one may be received from any other similarly authorised but if they desire to put in one and the same Vakalatnama or Mukhtarnama it may be received from any one of them or from a person duly authorized by any one of them without special authority from the others. (f) When a Vakalatnama or Mukhtarnama is filed by a Vakil, or Pleader or Mukhtar, as the case may be, he shall endorse on the back of it the date of acceptance, the name of the person from whom it is received and if such person is neither the client himself nor a Vakil nor a Pleader shall state the precise nature of the authority, with date, of that person. He shall also certify that he has satisfied himself that he does not appear nor hold brief for the opposite party. (g) A Vakalatnama or Mukhtarnama, which has been filed in Court may, subsequently, with the permission of the Presiding Officer, be accepted by a person whose name appeared in it at the time when it was filed. In the case of such subsequent acceptance an endorsement shall be made as in the case of the first acceptance. (h) A Vakalatnama filed in Court may, with the permission of the Presiding Officer, be transferred by one Pleader to another named in such Vakalatnama, provided that the transferee signs the endorsement made by the original holder under sub-clause (f) of this rule. But a Pleader cannot transfer his Vakalatnama to another Pleader whose name does not appear in the Vakalatnama without an express power in the Vakalatnama. Note. - A Pleader's registered clerk cannot transfer a Vakalatnama to any Pleader. ### 526. Vakils, Pleaders and Mukhtars cannot without a special power in their Vakalatnamas or Mukhtarnamas or unless distinctly authorised by a separate instrument, receive sums in deposit in Court. If the record containing the Vakalatnama, Mukhtarnama or separate instrument has been sent to the District Record Room, and such authority cannot be proved without reference thereto, the Vakil or Pleader or Mukhtar concerned should be required to endorse on the application for payment order or on the petition for the satisfaction of the decree, as the case may be, a certificate to the effect that he has the requisite authority to file the same. Chapter V Miscellaneous ---------------------------- ### 527. No Judicial Officer shall be allowed to practise as a Pleader, Vakil or an Advocate during the term of any leave that he may obtain from the Court. ### 528. An Advocate, Vakil or Attorney of a High Court other than that at 'Patna is not entitled to practise as such in the State of "Bihar unless he ordinarily practises in the Court on the roll of which he is entered or some Court subordinate thereto. ### 529. [ x x x x ] [Deleted by C.S. No. 71, dated 4.10.1980.] ### 530. [ x x x x ] [Deleted by C.S. No. 71, dated 4.10.1980.] ### 531. [ [Substituted by C.S. Nos. 72 and 73, dated 4.10.1980.] Advocates appearing in the Supreme Court, Subordinate Courts, Tribunals or authorities shall wear the following dresses:- ### 1. Advocates other than Lady Advocates- (a) a black buttoned up Coat, Chapkan, Achkan, Black Sherwani and white bands with Advocate's Gowns, or. (b) a black open breast Coat, white shirt, white collar, stiff or soft, and white hands with Advocate's Gowns. In either case long trousers (white, black or black stripped or grey) or Dhoti. ### 2. Lady Advocates- (a) Black and full or half sleeve jacket or blouse, white collar, stiff or soft with white bands with Advocate's Gowns. (b) Sarees or long Skirts (white or black) or flare: Provided that wearing of Advocate's Gown shall be optional except when appearing in the Supreme Court or in a High Court: Provided further that in courts other than the Supreme Court, High Court, District Court, Sessions Court or City Civil Court a Black tie may be worn instead of a band.] [Substituted by C.S. No. 10, dated 11.8.1972.] Note. - [Deleted] [Deleted by C.S. No. 73, dated 4.10.1980.] . Rules regarding Pleaders' and Mukhtars' registered clerks ### 532. The expression "Registered Clerk" means a clerk who is employed by a Pleader or a Mukhtar in connection with his legal business and who is registered under these rules. ### 533. A registered clerk shall for the purpose of performing the ministerial part of the work of his employer's office have access to any Court in which the latter is authorized to practise and to such of its ministerial officers as may in that behalf be designated by the Presiding Officer of such Court. [G.L. 3/53] Note 1. - This does not authorize a registered clerk to go inside the office of any Court. Note 2. - No person employed by a Pleader or Mukhtar other than a registered clerk shall be allowed access to any of the Courts of the district or to have any dealing with the ministerial officers attached thereto. [G.L. 8/26] ### 534. Not more than two clerks at a time shall ordinarily be registered. ### 535. [ [Substituted by C.S. No. 27, dated 11.8.1972.] At Sadar stations the registering authority for all registered clerks shall be the District Judge. At all other stations, such authority shall be the senior Judge (unless the District Judge otherwise directs) where there is Civil Court, and the Subdivisional Officer where there is no Civil Court.] ### 536. (a) Every application for the registration of a clerk shall be made to the Registering Authority by the Pleader or Mukhtar desiring to employ him. It shall also be signed by the clerk proposed to be employed. (b) Such application shall be on plain paper and shall contain:- (i) a certificate from the Pleader or Mukhtar that the person proposed is to the best of his belief fit to be so employed and will be employed bona fide in his own service and for the purpose of his legal business and that he will make it a condition of his accepting a brief that remuneration shall be paid to his authorised clerk or clerks of an amount not less than five per cent of the fee paid to him subject to minimum of Rs. 2; (ii) the name or names of other registered clerks, if any, under him; (iii) a statement declaring that he has no unregistered clerk and undertaking not to employ any such clerk during the year. (c) The registering authority on receiving the application may- (i) dispose of it at once when the person proposed is known to him; or (ii) refer it to the Bar Association or the Mukhtars' Association as the case may be, for their opinion; or (iii) make such other inquiry as he thinks necessary. (d) When the registering authority is of opinion that the person proposed is a fit and proper person to be employed as a registered clerk he shall enter his name in the Register of Clerks [Form No. (R)25] and issue to him a card in Form no. (M) 21. These cards shall be strictly non-transferable and shall be returned at the close of each year when clerks must be re-registered. [G.L. 11/49] (e) Each registering authority shall at the beginning of the year send a copy of his register and of all subsequent additions and alterations therein immediately after they are made to the other registering authority; if any, at the same station for information and for incorporation in his register. ### 537. The procedure in Rule 536 shall apply to annual re-registration. As soon as a card (new or renewed) is ready for delivery a notice thereof shall be posted in the Court-house with an intimation that it will be liable for cancellation if not taken delivery of within 15 days from the date of the notice. No card which has been lost or cancelled can be renewed without payment of a fee of Rs. 1 to be credited to Government. The same fee shall also be levied where a Pleader or Mukhtar applies for registration of a clerk in place of another unless he gives up the card of such other clerk. Note. - A list containing the name of the clerks who have not renewed their cards should be posted in the Court house with an intimation that they are liable to penalties if found working without having renewed their cards. ### 538. Any registering authority in the case of a clerk registered by him may for reasons to be recorded in writing and after hearing the clerk in his defence order his suspension or removal from the register and the cancellation of his card. Every order of the removal shall be communicated to the other registering authorities of the district. Note. - Proceedings taken against clerks under this sub-rule are administrative and not judicial proceedings. ### 539. No person whose name has been struck off the register shall be recommended for registration by any Pleader or Mukhtar at the same or any other station. ### 540. No clerk registered as the clerk of one Pleader or Mukhtar shall work or do business on behalf of any other Pleader or Mukhtar or in any case in which his employer is not engaged. ### 541. No clerk registered as the clerk of a particular Pleader or Mukhtar shall, except in the absence of his employer, pass or hand over to another Pleader or Mukhtar any paper written by him to be filed in a case unless such paper also bears his employer's signature. ### 542. The rules regarding registration of Pleaders' clerks shall also apply to the clerks of Vakils and Advocates ordinarily practising in Subordinate Courts. Note. - In exercising the powers mentioned in rules 535 and 538 the Subordinate Civil and Criminal Courts shall be subject to the general control of the District Judge and the District Magistrate respectively. Part VIII – Libraries, Forms and Stationery --------------------------------------------- Chapter I Libraries ------------------------ ### 543. The Head Clerk of the Administrative Office or the Accountant at out stations is to be appointed Librarian of the Office Library. He will be primarily responsible for the custody and preservation of the books therein; but this will not relieve the Judge or other presiding authority from the general responsibility devolving on him as Head of the Office. [G.L. 12/53, G.L. 6/60] ### 544. (a) Form no. (R) 42-Stock Register of books in the Library. - A register of all books, reports, returns, etc., received in the Library shall be maintained. As soon as anything is received in the Library, it must at once be entered in this register and immediately thereafter in the catalogue. Once a quarter the clerk-in-charge of the Library will submit the register for inspection to the officer-in charge. (b) Catalogue. - Correct catalogue must be kept up of the books in the Library. No particular form is required but the catalogue should be of stout paper, and strongly bound to be preserved for ever. Under each class where all entries relating to existing books have been made, a certain number of blank pages should be left for future entries. At the end of the volume few blank pages should be reserved for the purpose of entering therein books of any class for which the space allotted has proved insufficient. The necessary cross reference to such pages should be made. Note. - The proceedings of the State Legislature and other publications referred to in rule 253 of the Bihar Records Manual, 1951, should be treated as books for the purpose of this rule. [G.L. 1/40] ### 545. Each book must have a number labelled upon it corresponding to a number in the catalogue, and, as fresh additions are made to the Library, they should be labelled and numbered in like manner. Each book should also be marked on several leaves with the office stamp. ### 546. (1) When any officer requires a book from the library, he shall send a receipt for it on a slip of paper, which shall be returned when the book is returned to the library. (2) The librarian shall enter in a register to be kept in the following form for the purpose:- (a) the serial number; (b) the name and number of each book removed from the library on that day and not returned before the close of the day; (c) the date when it was removed; (d) the name of the person to whom issued; (e) the borrower's initial with date; (f) the date of return and the librarian's initial; (g) the date of each reminder; and (h) remarks. (3) When the signature of the receiving officer cannot be conveniently obtained the requisition slip-receipt which is also necessary in the case of the Judge to whose office the library is attached, should be filed in chronological order, serially numbered and the serial number entered in column 5 of the above register. ### 547. The preceding rules shall be applied, as far as possible, to the Courts of the Subordinate Judges and Munsifs. Catalogues must be kept by every such officer of such Regulations, Acts, Gazettes, etc., as may be furnished by Government for the use of his office; and on receiving charge of any judicial post the relieving officer should satisfy himself that the Library of the Court to which he is appointed is complete and in good order, and the catalogue correct. Shout any book be found wanting or their condition materially damaged, he should report the fact without delay to the Judge to whom he is subordinate, or else he will be held answerable for the deficiency. ### 548. The copy of the Government Gazette supplied to the District Judge should be bound in yearly volumes and kept for 25 years, important parts of It: Gazettes supplied to other officers, such as containing Bills, Acts, Notification; of the Government, etc., should be preserved for 12 years and other unimportant parts should be preserved for 3 years only. Parts which are to be preserved for 3 years only need not be bound. At the expiry of the said period, they should be sold. ### 549. District Judge should from time to time inspect the books and wees out duplicate copies of superseded editions and books which are of no further use. They may be sold to the best advantage. ### 550. [ [Substituted by C.S. No. 11, dated 11.8.1972] At every district headquarters a separate clerk shall be deputed to have charge of the combined stock of forms and stationery required for all the courts thereat. He will be known as the Forms and Stationery Clerk and shaft work under the supervision of the Accountant. At every other station where civil courts are situated, the Accountant shall hold charge of the combined stock of forms and stationery. Issue of forms is to be made on written requisition containing the following particulars: (i) Description of forms, (ii) Purpose for which required, (iii) Number require! (iv) Name of person, (v) Remarks. The requisitions shall be put up before the Judge-in-charge of the form who will pass necessary orders and the forms will be issued accordingly. Supplies, if ordered, should be issued by the clerk-in-charge, Forms and Stationery, once a week to the Chief Ministerial Officer of each court, and to parties daily, at an hour to be fixed by the Judge-in-charge of Forms and Stationery. The requisition slips should be retained for two years.] ### 551. The Forms and Stationery clerk shall maintain correct accounts d receipts and issues. ### 552. Each entry of the receipt and of the issue of blank books of peremptory cash receipts [Form no. (A) 21] in the register of forms received, issued and in stock [Form no. (R) 30] shall be checked and initialled by the Judge-in-charge as soon as possible after it has been made. ### 553. The forms shall be arranged on the racks by groups in accordance with the classification given in Volume II and the name of each form with Schedule and serial number shall be shown against it on the shelf. A Board indicating the name of each group of forms will be exhibited against such groups. ### 554. The Cashier will keep the supply of the saleable forms. These forms can only be issued to the public by the Cashier. Note 1.- For rules as to the indent and supply, etc., of forms, see the rules prescribed by the Government for the supply and custody of printed forms. Note 2. - For rules as to indent and supply of stationery, see Stationery Manual. Part IX – Miscellaneous Instructions -------------------------------------- [G.L. 4/42. G.L. 1/46 (Re. closing of courts on the death of persons of repute). G.L. 1/48, (Re-name plates in Hindi). G.L 1/48, G.L. 2/60 (Re-prompt acknowledgment of High Court judgment), G.L. 5/63. (Re-courtesy to the Hon'ble Judges on inspection).] [H.C. Memo no. 8168-84, dated 12th August, 1966-Re-courtesies to Ministers etc., G.L. 2/65 (Re-personal file for staff), G.L. 7/65 (Remaintenance of gradation list of staff)]. Chapter I . Office ----------------------- ### 555. No one not being a member of the office establishment will be permitted to enter any office room without the special permission of the Presiding Officer. ### 556. At the entrance of each office room occupied by clerks or copyists, a wicket gate shall be placed which no outsider shall be allowed to pass. Outside the entrance a board should be hung in a conspicuous place having printed upon it both in English and vernacular "No admittance for the public." All transactions between the public and the office shall be over this wicket gate as far as practicable and no one will have access to any member of the establishment except to such officers as the District Judge may in his discretion direct. ### 557. Judicial officers-will see that as far as practicable these officers sit near doors or windows to be accessible to the public. Where this is not practicable, outsiders may be allowed to come up to their tables for the transaction of any business. [H.C. Memo no. 8168-84, dated 12th August 1966-Re. courtesies to Ministers etc.] ### 558. Each clerk will keep a duty card in the following form. It will be signed by him and by the Sarishtadar [G.L. 2/65 (Re-personal file for staff) G.L. 7/65 (Re-maintenance of gradation list of staff). H.C. letter no. 397-412, dated 15th January 1966]:- | | | | --- | --- | | Name of Clerk | Department | | | Nature of work. | | | Authorised registers | Unauthorised registers | Miscellaneous duties | Remarks | | 1 | 2 | 3 | 4 | | | | | | [Note 1. - The card is to be signed by the Sarishtadar and the clerk concerned and a duplicate of the same similarly signed is to be kept in the shape of a bound book by the ministerial head of the department to which the clerk belongs. Such ministerial head of the department will be responsible for having all changes in the nature of work of each officer under him duly entered on the cards affected. These cards shall be preserved for a period of twelve years from the date of their revision and then destroyed.] [Note 2 added by C.S. No. 70 and Note renumbered as Note 1 by C.S. No. 11 dated 11.8.1972.] [Note 2. - A separate Duty Card shall also be maintained by the Sarishtadar, which will be signed by him and by the Registrar at Sadar Station of the Judgeship and at such stations where there is no Registrar, his Duty Card shall be signed by the District judge.] [Note 2 added by C.S. No. 70 and Note renumbered as Note 1 by C.S. No. 11 dated 11.8.1972.] ### 559. (i) The Sarishtadar of every Court will be held responsible for the due and prompt performance of all duties connected with the management and supervision of the office. He is responsible for the condition of the office, the records kept there and the work done by the staff employed. (ii) It is his duty to insist on the regular and efficient discharge of all kinds of business for which any and every member of the establishment is responsible, to exercise proper personal control and supervision, to make himself thoroughly acquainted with each man's work and check it frequently, to give proper instructions regarding the maintenance of registers, etc., and the performance of other duties, and to see that the Rules and Orders of the High Court are strictly carried out. (iii) He shall inspect once every quarter the work of each member of the staff and submit his inspection report, to the Presiding Judge. At the first sign of arrears in tho work of any officer, or of such pressure of work as is likely to cause arrears, the matter must be reported at once to the Presiding Judge and all cases of unreasonable delay in the disposal of business, misconduct and neglect or improper discharge of duty should be promptly brought to his notice. Whenever a ministerial officer of the establishment is about to go on leave or transfer, the Sarishtadar should report to the Presiding Judge arrears in his work, if any. (iv) The last Saturday of each month should be set aside as a "clearance day" on which day cases will not be heard except part heard sessions cases and other urgent criminal work. On the "clearance day", which will not be treated as a holiday, clerks will make up their arrears, Sarishtadars will do inspection, and the Presiding Officer will finish pending judgments, consider the Sarishtadar's reports and do some inspection himself when necessary. The District Judge will make a thorough inspection of the diaries of all the subordinate courts once a month on the clearance day or on any Saturday or even a holiday. Plaints, urgent petitions and appeals may be filed on a "clearance day". Wherever the last Saturday of the month is a holiday (except when it falls during the annual vacation), the working day next preceding that holiday will be observed as 'clearance day'. ### 560. (1) Judicial officers should see that the rules in the Board's Miscellaneous rules, relating to securities of officers are followed mutatis mutandis in the case of ministerial officers of civil courts who are required to furnish security. Note. - Rule 208 of the Board's Miscellaneous Rules applies generally to officers who handle money and provides a scale of security varying with the amount of money handled, whereas rule 220 applies to certain named officers who do not ordinarily handle money but have to handle valuable documents. The accountant and other record clerks in civil courts come under the latter category and are required to furnish the security prescribed in rule 220. (2) Whenever it is found that the amount in the hands of an officer handling money is frequently in excess of the amount of his security, steps should be taken to ensure that his security is promptly raised to the proper figure. Note. - The power to reduce the security in exceptional cases is vested in the State Government alone and the District Judge has not been empowered to exercise the function. ### 561. The attention of Judicial officers is drawn to the following rule (Rule no. 227) of the Board's Miscellaneous Rules:- "Promissory notes and/or stock certificates of the Central Government or of the State Government and savings bank deposits lodged as security shall not be returned until after six months from the date of vacation of the office, but security bonds should be retained permanently, or until it is certain that there is no necessity for keeping them any longer". II. Correspondence ### 562. Save as provided in the succeeding rule, the rules at present in force, framed by the Board of Revenue for the maintenance, preservation and destruction of correspondence, shall be followed in Civil Courts. [G.L. 8/64] Note 1. - Correspondence includes returns and requisitions for records required for reference in other cases. Note 2. - The instructions given in the Court's General Letter no.2, dated the 3rd December, 1928, regarding the preservation and destruction of English correspondence and the division thereof into classes A, B and C should be carefully observed. [G.L. 9/45, G.L. 7/46] Note 3. - The correspondence register should be put up to the Presiding Officer for check once a week. The preparation of separate pending lists is unnecessary. ### 563. Registers of letters received and issued shall be destroyed after the expiry of twenty years from the respective dates of the last entries made therein. A separate permanent register of A class correspondence shall, however, be maintained in such form as may be prescribed by the District Judge. This register should be entered up each year at the time of destroying the B papers. As the B papers are sorted out for destruction the fly leaves should be brought up to date by drawing a line through all entries except those of A papers, and at the same time the remaining A papers should be entered in the permanent register, the description in the fly leaf being verified from the original. [G.L. 7/47] Note. - The Sarishtadar or where so directed by the District Judge the Head clerk will be responsible for seeing that the instructions given in this rule and the previous rule are properly and punctually carried out. ### 564. In the Courts subordinate to the District Court it will be sufficient to keep the letters received in one file and drafts of letters issued in another, instead of opening a separate file for each subject. Note. - General Letters and Circular Orders of the High Court shall be kept in a guard file, arranged in chronological order, with proper index. One similar guard file shall be maintained for circulars of the Government of India and of the State Government. [G.L. 10/64] ### 565. Correspondence relating to any case shall be filed with the record of that case. ### 565A. Ail communications intended for the High Court should be addressed to the Registrar, unless they relate to case work in its Appellate or Civil Revisional Jurisdiction in which case they should be addressed to the Deputy Registrar. For telegrams sent to the Registrar the State Code Address "High Court" will be sufficient. [G.L 6/23, G.L 2/55, G.L. 13/62] ### 566. The pages and paragraphs of Annual and Inspection Reports and similar lengthy communications submitted to the High Court should invariably be numbered. ### 567. When a Civil Court has occasion to correspond with a Court in French Territory, such correspondence should be addressed through the State Government. III. District Judges And Subordinate Judicial Officers ### 568. (a) When presiding on the Bench District Judges, Additional District Judges and Subordinate Judges shall wear, over a dark-coloured coat, a Judge's or King's counsel's gown made of black alpaca, with Barrister's bands. (b) Munsifs, who are not Barristers-at-Law, should likewise, wear black alpaca gowns and of the same shape as the gown prescribed for a District Judge by clause (a) of the rule. The gown should be worn over a dark-colour coat or "chapkan" with Barrister's bands and with or without a head dress. Note. - Existing blue gowns may be used till they are worn out. (c) Such members of the State Judicial service as have been called to the Bar, may, if they prefer to do so, wear a Barrister's gown and bands. ### 569. Judicial officers are sufficiently described by their official designation, but where there are more than one officer of the same class posted at the same station, they should be designated as Additional District Judge, 1st Subordinate Judge, 1st Munsif, 2nd Munsif, Additional Munsif as the case may be according to the names or numbers their Courts bear; without any reference to seniority. [G.L. 11/65] ### 570. It is not ordinarily within the province of District Judges to issue general orders in the form of circulars to the Judicial officers subordinate to them. If there be any matter connected with the Judicial administration of their districts, which in their opinion requires the issue of a general order for the information and guidance of the Courts over which they exercise control, they should submit such order for the confirmation and approval of the High Court, without which it should in no case be issued. ### 571. Before leaving a district of which he has held charge, a District Judge should place on record, for the use of his successor, his opinion of the character and qualifications of every subordinate Judicial officer employed in the district. ### 572. (a) District Judges are required to report to the High Court any formal transfer of charge in any Civil Court subordinate to them including the assumption by the Sarishtadar of charge of the current duties of a Munsifs court during the temporary absence of the Munsif or pending the arrival of his successor, and the handing over charge of the current duties of his office by a District Judge proceeding on circuit. (b) When a District Judge assumes or relinquishes charge of his office he should report the fact to the Accountant-General, the High Court and the Chief Secretary to the State Government. ### 573. No officer of the Judicial Service shall be permitted to reside elsewhere than at the headquarters of the station to which he is for the time being posted, except with the special sanction of Government, granted in exceptional cases and upon consideration of circumstances brought to notice by the District Judge under whom the officer whose exemption from the rule is recommended is serving at the time. ### 574. The attention of Judicial officers of all grades is invited to "the Government Servant's Conduct Rules" regulating the conduct of public servants in respect to borrowing money, receipt of complimentary addresses and the like. [G.L 2A/16, G.L. 4/63] ### 575. As a general rule, Munsifs ought not to be Municipal Commissioners, as the acts of Municipalities are frequently called in question, and might come before the Munsifs judicially. An exception, however, might be made in those cases where there are two or more Munsifs at one station, in which case one of them might be a Municipal Commissioner. ### 576. The appointment of a Munsif to be a Member of a District or a Local Board should only be made when it is certain that the Munsif will have leisure to undertake the duties involved. IV. Construction and Repair of Building for Judicial Officers ### 577. (a) District Judges are empowered to give administrative approval to projects for construction of non-residential buildings under the head "50-Civil Works" under their control, the cost of which does not exceed Rs. 5,000. Projects estimated to cost a sum exceeding Rs. 5,000 and not exceeding Rs. 10,000 must be submitted, with plans and estimates, to the High Court for administrative approval. Projects estimated to cost more than Rs. 10,000 must be submitted with plans and estimates for administrative approval to the State Government through the High Court. (b) District Judges are further empowered to accord administrative approval to the additions, improvements and alterations, in existing water-supply and sanitary installations under the head "39-P.H.D." and in existing electrical installations under the head "50-Civil Works" of a non-residential buildings, the cost of which does not exceed Rs. 2,500 and Rs. 500, respectively. (c) Projects relating to residential buildings under the head "50-Civil Works" the cost of which does not exceed Rs. 7,500 and additions, improvements and alterations in existing water-supply and sanitary installations under the head "39-P. H.D." and in existing electrical installations under the head "50-Civil Works" the cost of which does not exceed Rs. 2,500 and Rs. 500, respectively, with plans and estimates, rent statement and average pay of the incumbent of the post must be submitted to the High Court for administrative approval. All projects costing more than the amount specified above should be submitted to the State Government for administrative approval through the High Court. (d) Outlay on the first installation of water-supply, sanitary and electrical works in a non-residential or residential building requires the sanction of the State Government and all such projects must be submitted to the State Government with plans and estimates (and also with rent statement and average pay of the incumbent of the post in case of residential buildings) through the High Court. (e) In framing such applications care should be taken to satisfy the requirements of the Resolution on the subject, quoted on the margin, and in particular, to explain clearly the degree of urgency which attaches to each proposal. The funds at the disposal of Government for the construction of buildings are not ordinarily sufficient to meet all demands and it is, therefore, necessary to distinguish those which are of immediate urgency in order that due priority may be given to them. [Resolution of the Government of Bihar and Orissa, Public Works Department, no. 7625-94-A-HP-7-25, dated the 24th June, 1925] V. Applications for Temporary Additions to the Staff of Judicial Officers ### 578. No application for temporary additions to the staff of Judicial Officers of a district will be considered, unless the causes which have brought about the necessity for assistance, are clearly and fully explained. It is desirable that the High Court should know how far that necessity arises from causes beyond the control of the officers concerned, and how far it is due to the incompetence or inaptitude of individual officers. Without such information, the Judges are unable to fix with any certainty, the number of officers required, for different districts from time to time. [G.L. 4/16, G.L. 1/19] ### 579. If a District Judge, when making such application, is of opinion that the existing staff of officers has been and is working to its full power a certificate to this effect should be given. Note 1. - Further instructions are contained in General Letters nos.3 of 20th February, 8 of 28th April, 1902 and 7 of 11th July, 1913, and 4 of 12th August, 1916, to which reference should be made. Note 2. - For form of statement which should accompany such application, see form no. (M) 20. The statement should be submitted in duplicate. ### 580. Additional officers appointed temporarily are, as a rule, comparatively junior and inexperienced. The simpler suits should therefore be transferred to them for trial, while cases of a more complicated character should be dealt with by the permanent staff. District Judges are expected to see that the services of additional officers are utilized to the best advantage. [G.L. 7/30] VI. Leave and Extensions of Service A. [Leave of District Judges and Additional District Judges] [Substituted by C.S. No. 26, dated 11.8.1972.] ### 581. Applications for casual leave, quarantine leave and leave of absence during gazetted holidays, under the conditions laid down in the rules promulgated with Government letter no. 2101-65-A, dated the 12th March 1928, as amended by Order no. 2966-A. R., dated the 24th July, 1934, should be made by District Judges and Additional District Judges to the High Court. ### 581A. [ [Inserted by C.S. No. 26, dated 11.8.1972.] District Judges and Additional District Judges should submit their applications for regular leave in duplicate, one copy being sent to the High Court direct and the other through the Accountant-General, Bihar. Note. - When the services of any District Judge or Additional District Judge, on deputation or otherwise, are placed at the disposal of the State Government or when any such officer is or has been permitted to be employed under any department of the State Government or some other authority, he should submit his application for leave to the State Government or the authority concerned, as the case may be, with advance copy to this court and leave shall be granted by the State Government or the said authority concerned with due intimation to the High Court (subject, however, to the provisions under item 16 at Appendix I of the Bihar Service Code).] B. Leave of Subordinate Judges and Munsifs ### 582. Applications for casual leave and quarantine leave presented by officers of the State Judicial Service should be disposed of by District Judges without reference to the High Court in accordance with the orders laid down in the Circular of the Government quoted above. District Judges should maintain a register of casual leave in the form prescribed in paragraph 8 of the Circular. ### 583. District Judges should exercise the powers above conferred upon them with due regard to the exigencies of the public service and they will only grant casual leave, when satisfied that the application is fully justified, and that the amount of leave asked for is not in excess of the minimum necessary. ### 584. Casual leave must not be combined with the vacation. ### 585. District Judges may exercise their discretion in the matter of granting or refusing leave of absence to judicial officers during authorized holidays (other than the Civil Court Vacation). ### 586. All applications for vacation leave from officers in any one district should be submitted by the District Judge to the High Court (which alone can sanction such leave) in one communication, and not by means of a separate letter in such case. ### 587. In submitting such an application from a Subordinate Judicial Officer the Judge should distinctly, certify that it can be granted without injury to the public service or additional expense to the State; and where an officer has failed to rejoin his appointment in time to sit on the day the Courts re-open after the Dusshera vacation, he should be reported to the Accountant-General as absent without leave and his absence brought to the notice of the High Court. ### 588. Applications for leave from Subordinate Judges and Munsifs should invariably be forwarded by District Judge to the High Court through the Accountant-General, but a copy of the application should at the same time be forwarded to the High Court direct, with the District Judge's recommendation. [G.L. 3/17] ### 589. All applications for leave or for extension of leave should be submitted in time to allow the completion of any arrangements that may be necessitated by their being granted, and District Judges should not treat an application for leave as urgent unless they are satisfied that such is actually the case. [G.L. 5/17] ### 590. District Judges should not, without first consulting the High Court, permit Munsifs and Subordinate Judges to leave their stations in anticipation of the grant of leave by the High Court, except in cases of extreme urgency and when prior order of the High Court cannot be obtained in due time even by telegraph or telephone. ### 591. Permission to return to duty before the expiration of leave should not be given by District Judges to any Judicial Officer without the orders of the High Court, previously obtained. ### 592. Subordinate Judicial Officers, when applying for leave on average pay or half average pay, should state in their applications whether or not they were prevented from availing themselves of any, and if so, of what portions of the three previous vacations, by reason of having to remain at their post on duty. Note. - See rules 171, 176, 177, 178 and 184 of the jharkhand Service Code, 2001 and rule 35. ### 593. Subordinate Judicial Officers should give timely notice of their intention to apply for leave on average pay or half average pay. Unless very urgent reasons to the contrary exist, leave on average salary will not be granted to officers who fail to comply with this condition, and officers who anticipate the sanction of the Court will expose themselves to the risk of being treated as absent without leave. ### 594. Officers should forecast their requests for leave on average pay or half average pay with some approach to accuracy, and must understand that applications for extensions of leave, save for urgent reasons will not be granted unless an officer can show that he was unable to foresee the necessity for longer absence at the time he originally applied for the grant of the leave. ### 595. When forwarding applications for leave on average pay or half average pay, the District Judge should invariably certify thereon whether or not such officer applied for and obtained leave during previous vacations; and if he did not apply, whether, if he had applied for such leave, then, having regard to the duties he had to perform, the leave would have been granted to him and other practicable arrangements made for the work, or would have been refused. ### 596. Officers of the State Judicial Service who desire to obtain leave on medical certificate or extension of such leave must follow the procedure prescribed in rule 178 of the Supplementary Rules made by the State Government in extension of the Fundamental Rules. C. Extension of Service ### 597. An Officer of the State Judicial Service desiring an extension or further extension of service should submit an application for the same through the District Judge either in January or in July before the date on which he is due to retire. In the absence of such application it will be assumed that he is not desirous of continuing in the service, and the State Government will be informed accordingly. VII. Inspections by District Judges ### 598. The District Judge of each district is required to inspect annually if possible, but if not, at least once in every 18 months, each of the Subordinate Civil Courts and the Courts of Small Causes in his district, and to submit a report of his inspection of each Court without delay to the High Court. It is not intended that a District Judge should make a long tour for the purpose of inspection, and he should use the most expeditious means available of travelling to and from the place where the inspection is made. [G.L. 13/17, G.L. 2/19, G.L. 4/19, G.L. 6/19, G.L. 11/26, G.. 7/55, G.L. 2/56] ### 599. The object of an inspection is to satisfy, in the first instance, the District Judge, and afterwards, through him the High Court, that the work, judicial and ministerial, in each of the Subordinate Courts is conducted strictly according to law and according to the rules prescribed by the High Court; that it is disposed of with regularity, punctuality and efficiency; and to detect and correct errors and irregularities. The Judge should, however, remember that while his duty is, on the one hand, to observe and correct errors, he is also to encourage, assist and advise; he should clearly and courteously explain all difficulties occasioned by inexperience or change of system, and should invite free communication on all topics of mutual concern. ### 600. The District Judge shall forward a copy of his report of inspection to the Presiding Officer of the Court concerned for his information and guidance, unless for an special reason the Judge considers it should be withheld in which case he will take the orders of the High Court in the matter. The copy of the inspection report shall be preserved by the Subordinate Court in a guard file to be kept for the purpose, and it shall be the duty of the Presiding Officer of the Court to see that the defects and irregularities pointed out therein are remedied as soon as possible and a note made against each defect or irregularity that this has been done. [G.L. 10/64] The guard file is to be placed before the District Judge at every inspection. ### 601. In making an inspection and writing his report, the District Judge should deal with the work of the Subordinate Court under the following main heads:- (i) The working of the establishment. - This will include the Administrative Office, Library, the Accounts, Forms and Stationery, Copying, and Nazarat Departments, and the state of the Registers, Records and the Record-Room. [G.L. 1/65] (ii) The manner in which the Presiding Judge performs his judicial work as regards ability, temper, discretion and punctuality. The District Judge should sit in Court with the Presiding Officer, and should note particularly, whether due attention is paid to the provisions of the Code of Civil Procedure regarding the drawing of the plaint and the written statement of the parties before the Court, the settlement of the issues and the examination of witnesses, as also the reasons given for postponements or adjournments. He should remark particularly on the degree of ability exhibited by the Presiding Officer in examining parties before him, in checking the putting of irrelevant questions by the Pleaders, and generally in the conduct of a case before him. (iii) The out turn of judicial work and state of the pending files. (iv) Records of cases of the grant of ex parte injunction should be scrutinised to see whether the instruction in Chapter IXA, Part I, are carefully acted upon. Defect, if any, in the application of the principal which govern the exercise of the powers given by Order XXXIX, Schedule I of the Code of Civil Procedure should be explained to the officer whose work is inspected. (v) The register of informations regarding the application of the Usurious Loans Act, 1918, and records of cases should be examined to see whether the provisions of the Act are being properly applied. ### 602. (a) It is desirable that the District Judge's Record Room and Offices be thoroughly inspected at least once each year by the District Judge, or should he be unable to do so for any reason, which should be explained, by such Gazetted Officer subordinate to him as he may depute for the purpose. An inspection by the District Judge himself must, however, be made at least once in two years. A copy of the report of inspection shall be submitted to the High Court. (b) An officer inspecting the Record-Room should call for the inspection guard-file to see what action has been or is being taken on previous inspections, and to note any undue delay or omission in this respect. Part X – Account Rules (Judicial) ----------------------------------- Chapter I I. General ------------------------- ### 603. The following rules prescribe the procedure for the receipt and payment of money, and for keeping accounts to be observed by officers exercising judicial powers and dealing with money in that capacity. They apply to all Judges, Additional Judges, Subordinate Judges, Munsifs and Small Cause Court Judges. ### 604. (i) "Out-station" means a Court not situated at or near a Treasury or a Sub-treasury and includes a Court at or near a Sub-treasury during such time as it may be temporarily closed owing to the absence of the Sub-divisional Officer from his headquarters. (ii) "District Judge" means the officer whose accounts are rendered to the Accountant-General, either for his own Court only or for his own and subordinate Courts and includes any officer who may be vested with the powers of a District Judge for the purpose of these rules and in any district in which a District Judge is not for the time being resident, the principal Civil Judicial Officer at headquarters. Note. - In districts where there is no District Judge the principal Civil Judicial Officers at the headquarters are the officers vested with the powers of a District Judge. (iii) "Judge-in-charge" means the officer who, when two or more Courts at one station are combined for the purposes of these rules, supervises the single set of accounts maintained for all the Courts so combined. When Courts are not so combined each Judge is the "Judge-in-charge" of his own accounts. (iv) "Day" shall be taken to close at 2 P.M. and the "next day" to extend from that hour to 2 P.M. of the following calendar day. (v) "Month" shall be taken to close in Courts at district headquarters at the end of the last account day of the month; in Courts at Sub-treasuries at 2 P.M. on the day on which the accounts of the Sub-divisional Treasury are finally closed for the month; and at out-stations, at 2 P.M. of the last day on which the accounts can reach the Treasury in time for incorporation with the Treasury accounts for the last day of the month. (vi) "Year" shall be taken to begin on the 1st April and to close on the 31st March. ### 605. A District Judge cannot delegate his powers as regards accounts to any of his subordinates. What he can do, when absolutely necessary, is to place any of the officers subordinate to him in charge of accounts-without in any way relieving himself of the responsibility for the due accounting of all receipts and payments. When this is done, the Judge's establishment will do all the work in connection with the accounts, and the subordinate officer will sign the papers as if he were placed in charge of the current duties of the Judge's Court, and to the Chief Ministerial Officer of the District Judge's Court (but of no other Courts at headquarters station) may be delegated the duty of passing challans. ### 606. Between 2 and 3 P.M. the accounts shall be made up and no transactions shall take place in Court. If, under exceptional circumstances any transactions have to be allowed after 3 P.M., they must be entered on the same calendar day, in the court's accounts but bearing date the next open day, and the receipt should on the same day be verified by the Judge-in-charge. Note. - On the last working day of each month or when the Treasury closes at 1 P.M., it is necessary that the accounts be closed at noon, and in this case the next day shall extend from noon till 2 P.M. of the following calendar day. ### 607. The following are the heads of account in the public accounts under which the money received and paid by Judicial Officers, or under their orders is classified [G.L. 3/64]:- (a) Civil including rent deposits and also compensation for land taken up for public purposes. Note. - Any sum deposited in Court under section 379(1) of the Indian Succession Act (XXXIX of 1925), with an application for a certificate or for the extension of a certificate, must be classed under Civil deposits. See note 3 to rule 612. (b) Fines (judicial); refunds of the same. Note. - For refunds of fines, see rule 637. (c) Stamp duty and penalties realized in Court. Refunds of the value of Court-fee stamps. (d) Value of the unclaimed property of intestates and others credited to Government. Note. - The value of such property cannot be credited to Government until the time limited by law has expired (vide rule 692 post). For refund under heads (d) to (f), see rule 637. (e) Other general fees, fines and forfeiture, i.e., general forfeitures and forfeitures of earnest money of defaulting bidders. (f) Miscellaneous receipts, that is, sale-proceeds of forms in Civil Courts, and other items. Note 1. - Details of accounts credited as "other items" should invariably be furnished to the Treasury Officer. Note 2. - Service-books are sold direct from the treasury to parties requiring them. There can therefore be no cash receipts on this account. Note 3. - Other items will include deposit of the minors' money under the Guardians and Wards Act, whenever necessary. (g) Sale-proceeds of old stores and materials. Note 1. - Receipts under this head are credited to the head ["XXV- Miscellaneous" in the Treasury Accounts.] [Now see new Head of accounts.] Note 2. - The Treasury Officer should invariably be informed of the nature of the items, i.e., whether furniture or stores, etc. (h) Peremptory receipts, i.e., witnesses' expenses, prisoners' diet-money, boat-hire, costs of adjournment, Amins travelling allowance, fees and expenses payable to commissioners, daily fees payable under the rules for deputation of peons and other peremptory receipts. Note 1. - Money-orders for the payment of witnesses' expenses or of any other of the peremptory items falling under clause (h) shall be made payable to the Cashier of the Court to which the money is remitted. The Cashier will receive the money as provided in rule 617 and will deal with it as directed in rule 623. The number of the suit and other necessary particulars shall be entered in the coupon which is attached to all money-orders. Note 2. - The Civil Courts shall not receive postage stamps in payment of travelling and other expenses of witnesses. Note 3. - When a Government servant whose salary exceeds Rs. 10 per mensem is summoned to give evidence in his public capacity in a civil case to which Government is a party, all sums recovered under Order XVI, Civil Procedure Code, on account of his travelling and other expenses shall be credited to Government. In all other cases such expenses should be paid to him in full. Any sum ordered by the Court to be paid to a Government servant as actual travelling expenses incurred in attending Court not more than 5 miles from his headquarters shall in any case be paid to him. Note. 4. - The fee and salary of the finger print expert for his services on behalf of a private party and also the fee for enlargement of finger prints shall be recovered in cash in advance and dealt with as peremptory receipts. All sums so received shall be paid by the cashier into the treasury as receipts of the Police Department. A challan in quadruplicate shall be separately prepared, of which one copy shall be kept in the Court, another forwarded with the cash to the treasury the third sent to the office of the Deputy Inspector-General of Police, Criminal Investigation Department and the fourth retained by the Accountant. A copy of the challan on account of the consultation fee and fee for photographic enlargements will accompany the documents sent for examination and a copy of the challan showing deposit of the cost for additional photographic enlargements (referred to in rule 412) if required and the fees and salary of the expert together with a certificate to show that the expert's travelling allowance has been deposited in court will accompany the requisition requiring the expert's services. Note 5. - Landlord's registration fees and cost of transmission levied under sections 13(1) and 26A (2) of the Bihar Tenancy Act, (VIII of 1885), as amended from time to time, shall be received in cash and dealt with as peremptory receipts. Every sum so received shall, on receipt by the Cashier, be forthwith paid in separately by him, into the Treasury as a Revenue deposit to the credit of the Collector. One copy of the challan shall be made over by the Cashier to the Court into which the amount was paid to be filed with the record of the case to which it relates and a duplicate copy of the challan shall be sent to the Collector with the notices to be served by him. The process-fees for the service of notices required under the said sections shall also be levied in cash, and shall be paid into the treasury to the credit of Government with challan separate from those used for the landlord's registration fees, duplicate copies of the chalan being sent to the Collector with the notices, and third copies being filed with the record. Note 6. - The Nazir will purchase a Court-fee stamp of the amount actually incurred in deputing a peon and affix it on the process under the signature of the Presiding Officer in payment of the fees. The balance of the deposit, if any, will be available for refund to the party. Note 7. - Applications for the refund of unspent peremptory receipts may be made on plain paper section 19(XX) Court-fees Act). Such applications must be presented within three years of the date when the right to refund accrues. Note 8. - For payments of sums received under head (h) , see rule 610. ### [608. The receipts and payments under head (a) must appear in the Court's account in detail but in the Treasury Account in which a personal ledger account only is maintained for this head, the daily totals of receipts and payments made at the Court and the individual items of receipt and payments at the treasury will appear. All receipts and payments under heads (b), (c) and (g) above must appear in the Court's account and in the Treasury account in detail. An account in detail of all receipts under heads (d) to (f) must be kept in Court, but only the daily totals of each kind of receipts will appear in the Treasury books. All receipts and payments under head (h) will be made on the responsibility of the Cashier whose security must be sufficient to cover any amount in his hands, and the balance in the hands of the Cashier must be noted daily in the Cash Book, as well as the balances of any other moneys with which he may be entrusted (e.g., permanent advance, or pay of establishment). They will not appear in detail in the Treasury accounts, but a statement in Form no. (A) 9-A showing the gross amount of receipts and disbursements during the month must be sent to the Treasury on the last working day of each month for incorporation in the Treasury accounts for the same month. Note. - Fractions of a Paise are not to be entered in the Court's account and they should neither be received nor paid. Proviso. - Provided that where money has to be paid by one person to another and both are present in Court, the money should be passed direct from the one to the other under the sanction of the Court, the fact being noted in the record of the case. No officer of the Court shall, however, receive or become in any way responsible for the money. These transactions will not appear in the Court's accounts at all. Note. - Advantage of this proviso may be taken in cases where the judgment-debtors are prepared to satisfy the claims of judgment-creditors, where costs of the day are allowed by the Court, or when sums in excess of those paid into Court are to be paid to witnesses. ### 609. Judges will as far as possible in their transactions with the public avoid direct receipt and payment of money under head (a) of rule 607. Proviso 1. - Provided that the cash must be received in the following cases:- (a) When the Court is bound by law to accept payment either absolutely or up to a given time (vide section 55 and Order XXI, Rules 84 and 85 of the Code of Civil Procedure), and in every such case the money shall be received even although tendered after the hour prescribed by rule 604, clause (iv). (b) When the proceeds of movable property sold in execution (Order XXI, Rule 77 of the Code of Civil Procedure) are realized after the hour prescribed in rule 604, clause (iv). (c) At out-stations in the case of rent deposits under sections 61 and 62 of the Bihar Tenancy Act (VIII of 1885). (d) When any sum is tendered for deposit under section 379(1) of the Indian Succession Act (XXXIX of 1925) even though tendered after the hour prescribed by rule 604, clause (iv). Proviso 2. - Provided that cash may be received at out-stations when the receipt falls under head (a) of rule 607 in the cases where, having regard to the balance in hand (which should not ordinarily exceed Rs. 500), this can conveniently be done. Note. - Payments of small sums should ordinarily be made out of cash in hand, but large payments should be made in cash, only if this can be done conveniently, and if it is better thus to disburse the balance of cash .in hand than to remit it to the Treasury.. Proviso 3. - Provided that all Judges in Civil Courts may receive and pay in cash small sums coming under head (a) of rule 607. The sum so received or paid shall not in any case exceed Rs. 100 in amount. ### 610. (a) Money under heads (b) to (h) of rule 607 may ordinarily be received in cash in all Courts. (b) Repayments under heads (b) to (f) should ordinarily be made through the Treasury. (c) Under head (h) payments will ordinarily be made in cash by the Cashier on his own responsibility. (d) No refund should be made on account of head (g). II. Receipt of Money ### 611. Payment of sums failing under heads (a) to (e), other items of (f) and of head (g) of rule 607 cannot be accepted either in Court or at the Treasury unless the money be tendered with a challan in quadruplicate signed by the Chief Ministerial Officer of the Court, under whose decree or order the money is tendered, and also by the Accountant of the Court or group of Courts. Note. - Where Courts are combined for the purposes of account [see rule 604, clause (iii) ] there shall be only one Accountant and one Cashier for all the courts so combined. ### 612. Any person desirous of paying money into Court, or, in the case of collections maae by any officer of the Court, the officer who has realized the money, shall be furnished, free of cost, with four forms of challan [Form no. (A) 1] in each of which he must enter in English the particulars required from him. One of the challans, herein called the original challan, shall bear the Court-fee stamp (if any) required by law. Note 1. - In the case of Deposit challans care must be taken to enter fully the nature of the deposit, the number of the suit or execution case (if any), the name of the person on whose behalf the money is paid in and of the person to whom it is to be paid over, etc. Note 2. - No stamp is required for a tender of money which a party is bound to pay into Court in the progress of a suit, or to complete a purchase, as the Court cannot refuse the tender. In cases where the payment is voluntary, such as deposits made on account of rent, or by a mortgagor and the like, a stamp should be required; but if the application or petition be duly stamped a second fee should not be exacted for the challan. Note 3. - In the case of sums deposited under section 379(1) of the Indian Succession Act (XXXIX of 1925), the deposit challans must show that the amount is deposited to the credit of the Judge. ### 613. The person desirous of paying in the money having filled up four forms of chalan, shall present them to the Chief Ministerial Officer of the Court mentioned in rule 611. The latter shall then ascertain that the amount tendered is correct and is due from the person on whose account it is tendered to the person to whom it is stated to be payable and after correcting the forms of challan, if necessary, shall sign it and pass the forms on to the Accountant of the Court or set of Courts who having made the necessary entries in Part II shall give a serial number to them. The challans shall then be laid before the Judge-in-charge, and he shall, if in order, sign them. One chalian shall be retained by the Accountant and the other three shall be returned to the party tendering the money, and shall be his authority to pay the same into the Court, or into the Treasury. The copy left with the Accountant will be kept in a guard-file and will be preserved for one year. Note 1. - Where the Nazir happens to be the payer three copies only of the challan need be presented to the Chief Ministerial Officer. He will get back two copies from the Accountant which he will send with his Pass-book to the Treasury. Note 2. - (a) All payments into court for deposit under the Land Acquisition Act, I of 1894, shall be made by means of cheques, drawn by the Land Acquisition Officer in favour of the Presiding Officer of the Court to credit of Civil Court deposits. The transactions will be passed through the Court's accounts in the same way as a deposit in cash. (b) The cheques of the Land Acquisition Officer shall be accompanied by receipts in triplicate in Accountant-General's Form no. 325, Schedule XXV, duly filled up. These receipts should be regarded as challans and dealt within the matter of numbering in the same manner as challans tendered with other Civil Deposits. The Accountant will use a form of challan [Form no. (A) 1] and note the number and details for his office record. The three receipts will be duly signed and returned to the Collector. One of these when received back will be attached to the ; record of the case. (c) When a Court awards any compensation in excess of the Land Acquisition I Officer's award, the further payment due shall also be made into the Court by means of a cheque and the procedure described in the preceding paragraph shall be followed. (d) Investments under sections 32 and 33 of the Act, of money deposited in I Court, shall be arranged for, in the case of Government securities, in I communication between the Court and the Reserve Bank of India, and purchases of land should be effected under the Court's order through the Collector or other Revenue authority of the district. Note 3. - At subdivisions and out-stations the Judge-in-charge may, with the previous sanction of the District Judge, delegate to the Chief Ministerial Officer of his Court the duty of passing challans. ### 614. No person is required to take out a challan till he is actually ready to pay in the money for which he takes it, nor, after, a person has taken a challan can he he permitted to defer using it. The order to the Treasury Officer must therefore be limited in its operation to the day upon which the chalian is made over to the applicant, or, if the transaction occurs after the accounts are closed (rule 606) to the next open day. This is distinctly provided for in the form of order. In case of failure to tender the money at the Treasury within the time limited, the tenderer must obtain, by written application, an order from the Court extending the time. Note. - When a challan is issued on the Treasury it may be acted upon till 3 P.M. of the day following that on which it is issued, if so ordered by the Court. But when the challan is for the receipt of money at the Court, it should be restricted in its operation to the day of issue (vide Accountant-General's no. 452, dated the 9th August, 1882). ### 615. In the case of out-stations, the order to the Treasury Officer shall grant for the payment of the money in such time only as is indispensable to enable it to be taken to the Treasury. ### 616. No chalan will be necessary for purchase of forms from the cashier of the Court. The total sale-proceeds of each day shall be deposited in the Treasury by the Cashier in the usual way. Note. - For account of saleable forms, see rule 696. ### 617. Peremptory receipts under head (h) of rule 607 shall be tendered to the Cashier direct without the intervention of the Accountant. A challan is not required in respect of such payments. Receipt of money by Cashier. ### 618. The cashier on receiving a challan in triplicate addressed to him under rule 614 or a tender of money under rule 616 or under rule 617 shall accept the money and enter the amount as a receipt in the appropriate Cash Book (rules 623 and 624). ### 619. (a) When challans have been so passed, he shall keep two copies and return the third copy with his receipt enfaced upon it. This receipt shall be produced in Court by the person paying the money, when it is necessary for him to have satisfaction entered upon the record of the case to which he is a party; or when it is necessary to have a sale confirmed or notices issued upon the landlord in cases of rent deposits, or upon the creditor in cases of debt due to a mortgage-creditor and the like. The amount and the remaining two copies of the chalian retained by the cashier shall be sent with the Pass-Book to the Treasury which shall forward one copy to the Judge-in-charge to be filed with the record of the case to which the person paying the money is a party. (b) In the same way, on presentation of the challan (in triplicate) at the Treasury, as prescribed above in rule 614 and on payment of the money, the payer shall receive, as an acknowledgment, one of the three challans signed-by the Treasury Officer, if the amount be Rs. 500 or more-by the Accountant and "reasurer, if less than that sum. Of the two copies of the challan retained by the Treasury Officer, one copy shall be forwarded to the judge, together with the Advice Lists referred to in rule 652, for the purpose of being filed with the record of the,case in connection with which the deposit was made. ### 620. When under clauses (a) and (b) of rule 609 above, a tender is made of money which must, by law, be received, the payment shall be made direct into Court in cash, but only under the express order of the Presiding Officer to be recorded on the top of the original challan. ### 621. When money is tendered under rule 617 the cashier shall enter the c mount in the foil and counterfoil of a bound book [Form no. (A) -21] of receipts numbered in serial order. He shall then tear off the counterfoil, sign it and give it to the payer as voucher Investment of Civil Deposits ### 622. No authority shall be given for the withdrawal of a Civil deposit from the Treasury for the purpose of investment unless the sanction of the State Government has been obtained under Rule 9(1) , Chapter I of the Treasury Code (Bihar). Peremptory Cash Book ### 623. To exhibit the peremptory receipts and payments [head (h) of rule 607] for which the cashier is responsible and of which the Accountant keeps no record, the former officer shall maintain a Register in Form no. (A)-22. A balance shall be struck at the close of each day in words as well as in figures. Note. - The Sarishtadar of the Judge-in-charge of the accounts should check the receipts and repayments. He should affix his initial in column 13 against each repayment. General Cash Book ### 624. The Cashier shall maintain a General Cash book in Form no. (A) - 23 and shall enter in it in detail all receipts and repayments under heads (a) to (g) of rule 607. At the close of the day's transactions the cashier shall enter the totals of receipts and payments under these heads, and below these totals he shall enter also the totals of receipts and payments for the day under head (h) as entered in the Peremptory Cash-Book as well as the totals of receipts and payments on account of establishment pay and contingencies and on any other accounts (which should be described). He should enter hero all sums received or held by him in his official capacity upon any other account whatever, for, though such sums may form no substantive part of the judicial accounts it is essential that the Judge should have in a single view a statement of all the money in the cashier's possession. In particular he must include under the head 'other amounts' any sums received by encashment of any payment order upon the treasury drawn in his favour, whether as Cashier, Nazir, or Receiver in insolvency proceedings, or otherwise. [G.L. 9/62, G.L. 3/ 64] Note. - If any refunds are made on account of value of court-fee stamps out of the cash in the court (and this is allowable if the sum does not exceed Rs. 5, see rule 688) they should be included in the Cash-Book like other payments in cash. ### 625. The Cashier shall then strike a general balance and exhibit the balance under the different heads as follows:- | | | | | --- | --- | --- | | | | Rs. P. | | Balance of General Cash Book | ... | 0 00 | | Peremptory balance | ... | 0 00 | | Establishment pay and allowances | ... | 0 00 | | Balance of permanent advance as per contingent register. | ... | 0 00 | | Other amounts (which should be described) | ... | 0 00 | | Total money in cashier's possession (in words as well as figures). | ... | 0 00 | III. Payment of Money Application for payment ### 626. (a) Persons desiring to draw money deposited in Court, and payable to them, shall submit to the Chief Ministerial Officer of the Court under whose decree or order the money was tendered, an application in Form no. (A)-3 accompanied with a petition, duly stamped where necessary. One copy of such form shall be supplied free of charge. In this form the applicant shall enter all particulars necessary for the identification of the credit. If it is intended to withdraw more than a single item of deposit made in the same case by one application, the number and date and amount of each deposit must be distinctly stated. Separate applications are necessary where cases are different. Note 1. - If the party entitled to the money does not appear in person, the applicant must satisfy the Court that he is duly authorized, by an instrument in writing, to draw the money for the person so entitled: Provided that where the application is for payment of a sum not exceeding Rs. 50, the application may be signed by a pleader duly authorised in that behalf. Note 2.-The applicant must comply strictly with the terms of the order under which the money is claimed. Thus, one of a number of joint decree-holders, cannot be allowed to take out what he calls his share in the decretal amount; they must all join in the application unless there has been an order for distribution. This note is not intended to prohibit the payment of the entire amount of deposit to one of a number of joint decree-holders or to one of joint land-holders on the certificate of the Court under whose orders the money was received, that the amount is payable to him for himself and for all the others, whose names should be mentioned. What is intended to be barred is the payment of the amount in dribblets to the several decree-holders separately unless there has been an order for distribution. (b) In cases in which Court-fee stamps are purchased by the Nazir from deposits, the final order for the payment of such deposits must contain a direction to the Treasury Officer to pay the amount in stamps to the Nazir of the Judge, to whose credit it was deposited and to transfer the amount of the deposit to stamp Revenue. Note. - This rule should not be held to apply to outlying Munsifs, at places where there is no Treasury. In such cases the Munsifs should purchase stamps from local stamp-vendors, for cash out of the deposit money in their hands. ### 627. The Chief Ministerial Officer shall compare the application with the record of the case or with the registers concerned in the absence of the record, and carefully test the validity of the claim. If he finds that the name of the payee has been correctly given, and that there is no objection to the payment of the money on the ground of attachment or otherwise, he shall make enquiry as to the identity of the applicant and, if satisfied of such identity, shall sign the certificate, at the foot of Part I of the application, and after obtaining the signature of the Presiding Officer to it pass on the application so signed to the Accountant of the Court or group of Courts. Such Accountant shall compare the contents of the application with the Register of Deposit Receipts, and shall satisfy himself that the amount as shown has been received and is still unpaid, and that the name of the claimant corresponds with the name of the payee entered in the Register, and that no order for the attachment of the money is in force. If the deposit has been transferred to the Clearance Register (rules 677 and 678), such Clearance Register shall be deemed to be the Register of Deposit Receipts within the meaning of this rule and rules 632 to 635. [G.L. 4/24] Note. - The Chief Ministerial Officer will note in the order-sheet of the record of the case if available and also in the registers concerned that the application for payment order has been passed so that a second claim for the amount may be checked. This note should be signed by that officer and also by the Presiding Judge. ### 628. When there are defects in the application which it appears possible for the applicant to remove, the applicant should, unless it is evident that the application cannot at all be allowed even after amendment, be permitted then and there to remove them, all alterations being attested and dated in the presence of a responsible officer. Or, if so desired, the application may be returned to the applicant or his pleader, under the orders of the Presiding Officer, with the defects noted on the back of the petition accompanying it and he should be given a reasonable time for their removal. The application should not be returned merely for correction of clerical errors, unless the errors are such as to introduce uncertainty or ambiguity. In other cases such clerical errors may, if so ordered by the Presiding Officer, be ignored. The application should be definitely rejected by the Presiding officer only if it is clear that it is not fit to be allowed, apart from removable defects, or if the defects are not removed within a reasonable time. Information required to cure defects in the application may be supplied without a separate application in accordance with rule 08(2) , Part V, Chapter I, if a searching fee is paid on the application. [G.L. 7/24, G.L. 2/63] ### 629. If the record of the case has been despatched to the Record-Room of the District Judge, under the orders of the High Court relating to the periodical despatch of records by Subordinate Judicial Officers, the Presiding Officer of the Court to which the application is made shall, after the Chief Ministerial Officer has checked the application with the Court's registers, forward it to the District Judge, whose Record-Keeper, if the record be available, will certify under the countersignature of the Judge-in-charge of the Record-Room, whether a specified sum of money is due to the applicant and, if so required, that the legal practitioner applying for the payment order has authority for the purpose, if the records have been destroyed the Record-Keeper will give a certificate to that effect. On receipt of the Record-Keeper's report, the Chief Ministerial Officer will proceed in accordance with rule 627. [G.L. 4/24] Note. - The Record-Keeper will enter in the Order-sheet of the record of the case if available a note that an application for payment order has been countersigned, so that a second claim for the amount may not be passed. This note shall be signed by that officer and also by the Judge-in-charge of the Record-Room. ### 630. Whenever, after despatch of the record of a case to the District Record-Room, any Subordinate Court passes an order for the attachment of money in deposit in the case, intimation thereof shall be forthwith sent to the District Judge. The District Judge shall thereupon cause such information to be noted in the Order-sheet of the case under the signature of the Record-Keeper and under the counter-signature of. the Judge-in-charge of the Record-Room. ### 631. If the application for payment is found to be incorrect or defective the Accountant shall note the error or defect on the back of the petition accompanying it and return it under orders of the Judge-in-charge to the Court concerned to be dealt with according to the procedure prescribed in rule 628. Payment Order and Registry ### 632. If the application is found to be correct, and the deposit has not lapsed, the Accountant shall fill up the second part of the application form, post the transaction in the Register of Payment Orders [Form no. (A) -13], number with its proper index number, and make the requisite entry in the Register of Deposit Receipts. Finally, the application, with the Register of Payment Orders and the Register of Deposit Receipts, shall be laid before the Judge-in-charge. Note. - In the case of decree money remitted by special money order, the Accountant shall enter in columns 3 and 4 of the second part of the application form 'by money-order' with date. Approval by Judge-in-charge ### 633. Before passing the application for payment, the Judge-in-charge is required to satisfy himself, in the first instance, that the requirements of rule 627 and, where necessary, of rule 629 have been complied with. He shall further satisfy himself by personal inspection of his Register of Deposits, that the balance at credit of the particular deposit is sufficient to meet the repayment, and that no order for the attachment of money has been noted. If the result of his scrutiny is satisfactory, he may sign the order for payment of the amount either from the local Treasury or from his Court as prescribed above in rules 609 and 610 and shall attest with his initials the note of the order of repayment made in the Register of Deposit Receipts. He shall also initial the entries in the Register of Payment orders [Form no. (A) -13]. The Payment Order shall then be made over to the applicant for presentation to the cashier if the money is to be paid in Court, or to the Treasury Officer if it is to be paid by such officer. [G.L. 4/24] Note 1. - A list of all payment orders made ready during the day should be sent to the Bar Association before 3 P.M. in case of day sittings and 10 A.M. in case of morning sittings. Note 2. - Deposits in favour of an estate under the management of the Court of Wards should be paid not in cash from the Court, but at the Treasury by transfer to the credit of the personal ledger account maintained there for the estate concerned. The payment order should therefore be addressed to the Treasury Officer and should authorise him to 'pay as above by transfer credit to the personal ledger account of Wards Estate ..........' or (if the personal ledger account of the estate is maintained at a Treasury other than that from which the repayment of the deposit is made, in which case a money order form, duly filled in favour of the Treasury Officer who keeps the account for the amount less money-order commission, should accompany the application) to 'pay as above by transfer credit to post office in order that the amount may be remitted, less money-order commission, to the Treasury Officer for credit to the personal ledger account of Wards Estate. The applicant should file a duly filled in Revenue Challan (Form no. 186, Schedule LIII) along with the application for Payment Order so that Payment Order and Challan may be passed simultaneously. ### 634. When the money sought to be drawn out of Court is in deposit, not in the Court to which the application is made, but in another Court, as for example, where two or more Courts at one station are combined for the purposes of accounts, in every such case the duty of the Court to which the application is made shall be merely to receive such application and forward it to the Court of the Judge-in-charge, with a certificate made after examination of the record as provided in rule 627 that the applicant is the proper party to receive payment of the amount claimed. In any case in which the amount has been transferred from the credit of the original payee to that of the claimant, this fact should be stated. This certificate shall be compared with the Deposit Register in the office of the Judge-in-charge. Such Register, if the sum is shown therein to be in deposit, will inform the Judge whether there is any bar to payment. If there is no such bar, the Payment Order may be issued by the Judge-in-charge, and the fact of its issue shall be noted on the back of the accompanying petition which shall be sent to the Court upon whose certificate the application was passed, in order to enable it to enter satisfaction for the amount on the record of the case. [G.L. 4/41] Note 1. - The certificate should be given on the Payment Order, that is to say in the tripartite Form no. (A) -3 at foot of Part I. in the place intended for it; and in recording the payments in the Register of Repayments, particulars may be entered as to the Court under whose orders the payments have been made. Note 2. - When money realized under the decree of one Court is attached at the instance of another Court, the application for payment should be made to the Court attaching the money. Such Court, after receiving the application, should forward it to the Court under whose decree the money is realised, and if there be no objection to the payment of the money to the applicant, the latter Court should deal with it under this rule, or, if the record of the case has been despatched to the District Record Room, under rule 629. The Court so dealing with the application should also report to the attaching Court, or, if the application has been dealt with under rule 629 also to the District Court that the amount claimed has been transferred from the credit of the original payee to that of the claimant. Lapse of Order ### 635. (a) An order for payment from the local Treasury is valid for ten days only, and may not be cashed after the expiry of ten clear days subsequent to the date thereof. An order which has not been paid within ten days, as aforesaid, may be presented to the Court which issued it, and such Court may re-enface thereupon a new Payment Order, which shall remain valid for ten clear days immediately after the date thereof. When the last day of any such period of ten days is a day on which the Treasury is closed, the order may be cashed on the day on which such Treasury re-opens. Note. - This rule applies also in the case of an order for payment at the Court. (b) When such order, as aforesaid, is for a sum exceeding Rs. 100 it should be included in a "Daily Advice List" in Form no (A)-8 to be issued by the Court making the order to the local Treasury where the cheque is to be paid. (c) When the Treasury accounts are closed on the 31st day of March in each year, every order for payment issued on or before that date shall lapse absolutely; and Treasury Officers are forbidden to cash after the 31st March orders issued on or before that date. An order which has lapsed under this clause cannot be renewed, but a new order may be obtained upon delivering up the old order and making a fresh application under rule 626. Note. - Judges should warn persons who apply for orders at the end of March of the effect of this rule, and tell them to wait till April 1st, unless they mean to cash immediately any order that they may obtain. No orders shall be cashed at Court which in the ordinary course cannot be shown in the Pass Book sent to the treasury on the last day of the financial year. (d) Immediately after the 31st day of March in each year, the Judge-in-charge shall ascertain what payment orders issued on or before that date are still uncashed, and shall mark them off under his initial in the Registers (1) of Payment Orders and (2) of Deposits Receipts, as "Cancelled under rule 635 (c)". Lapse Deposits ### 636. When an application is made to draw money at credit under a deposit which has lapsed under rule 684 but the payment of which is otherwise unobjectionable, the Accountant shall prepare a special form of application [Form no.(A) -4], which, when passed by the Judge-in-charge after the examination prescribed by rule 633, shall be dealt with under rule 687. Refunds under heads (b) to (g) of rule 607 ### 637. When an application is made for the refund of a fine or a miscellaneous receipt [heads (b) and (d) to (f) of rule 607] the Payment Order shall be prepared by the Accountant in Form no. (A)-5, after checking the application by a reference to the prescribed Register [Form no. (A)-20] and the Judge-in-charge at the time of passing the refund order, shall note the repayment against the entry of the receipt in such Register. The Payment Order shall also be noted in the Register of Payment Orders and initialled by the Judge-in-charge. Note. - Entries in the Register of Payment Orders in the case of refund of fines or miscellaneous receipts must be made in red ink. ### 638. Application for the refund of the value of Court-fee stamps is to be made to the Chief Ministerial Officer of the Court in which the stamps are filed. The Chief Ministerial Officer shall compare the application with the record, and if he finds that a refund is due and if the Presiding Officer is also the Judge-in-charge, shall draft and sign an order on the back of the paper to which the Court-fee stamp ire affixed. The paper must then be passed on to the Accountant, who shall prejare a Payment Order in Form no. (A) -6 or (A)-7, as the case may require, and shall enter the particulars in the Register of Payment Orders [Form no. (A)-13]. The application with the other papers and the Register shall then be laid before the Judge-in-charge who, if satisfied that the proceedings are in order, may sign the order of refund on the back of the stamped paper and the Payment Order, and initial the entry in the Register. The Payment Order shall then be made over to the applicant for presentation at the Treasury or, if the amount does not exceed Rs. 5, to the cashier of the Court. If the Presiding Officer of the Court is not the Judge-in-charge, the Chief Ministerial Officer shall put up the application with the draft refund order on the back of the stamped paper first before the Presiding Officer, who may, if satisfied that the refund is due, sign the refund order and then send the papers to the Accountant. On receipt of the papers the Accountant shall proceed in the manner stated above and submit the papers and Register to the Judge-in-charge who, if satisfied that the proceedings are in order, will sign the Payment Order and initial the entry in the Register. The rest of the procedure will be the same as in the case where the Presiding Officer is also the Judge-in-charge. Note 1. - Petty refunds of the value of Court-fee stamps may be paid out of cash in the Court oh vouchers in Form no. (A) -7, and charged in the Cash Book- see note to rule 624. Note 2. - Court-fees realized in stamps may, under certain circumstances, be refunded by order of the Court. Note 3. -No general rule can be laid down respecting the refund of the value of Court-fee stamps in cases where the fees have been paid into Court for the issue of processes and such processes have not issued. Each case must be left to the discretion of the Court, and decided on its merits. Where the amount is large it may well be refunded. Note 4. - In an exceptional case in which the paper to which the Court-fee stamps are affixed has been destroyed under the rules for the destruction of records, the Court authorizing the payment should satisfy itself that the amount claimed is due, and record the order for refund on the application, which may be filed. In cases of this nature, it is objectionable to record a copy of the refund order in Form no (A) -7, for it is an order upon the Treasury, and there is risk of its being presented for payment. Note 5. - Entries in the Register of Payment Orders in the case of refunds of Court-fee stamps must be made in red ink. ### 639. In so far as concerns the accounts system, it is invariably necessary to trace each item of payment under the Court's orders back to its corresponding item of receipt; in other words, to connect each item of a Court's debit in the Treasury with the corresponding item of credit, however far in time the two may be separated from each other. Accordingly the Court must take care to furnish itself and the Treasury with the necessary particulars for this purpose. Payments by Cashier ### 640. In the case of Payment Orders directed to the Cashier, the payment must be entered by the cashier in the General Cash Book, the payment order being retained by the cashier as his voucher. Note. - The cashier should cancel the vouchers, as soon as he pays them, by writing on the face "Paid" with his initials. A "Paid" stamp should not be used, as that indicates the subsequent discharge at the Treasury. IV. Account-Keeping and Remittance to Treasury Courts near Treasuries ### 641. In Courts situated within daily reach of a Treasury, the Accountant shall, after the close of business each day make the proper entries in the Treasury Pass-Book [Form no. (A) -14] showing in detail the sums received from and paid to the public in cash. The receipts shall be entered on the right hand side, and are to consist of the amounts received in Court. The payments shall be entered on the left-hand side, and are to consist of the sums shown in column 5 of the Register of Payment Orders, as amounts to be paid in Court. Note. - The number of the challan on the back of which the amount to be remitted to the Treasury is noted may be shown against the entry made below the total of payments or receipts. ### 642. Every challan and Payment Order for money received or paid at Court under heads (a) to (g) shall be shown in detail in the Pass-Book, and the head of account shall be noted against each, so as to enable the Treasury Officer to bring the transactions in detail upon his books, and classify them correctly. Note. - It is necessary' to show in the Pass-Book the totals only of each challan and Payment Order. Each Challan may contain any number of items provided they belong to the same head of account. Examination by Judge-in-charge ### 643. The Judge-in-charge shall examine the accounts by comparing (1) the guard-file of challans, Register of Payment Orders (amounts received and paid in Court) and the Daily Account of Forms sold, with the Cashier's General Cash-Book; (2) the Treasury Pass-Book, with above and (3) the balance shown in the peremptory Cash-Book, with those shown in the General Cash-Book. [G.L. 10/62] Daily Remittance ### 644. The balances of the Cashier's account in respect of diet money and other peremptory receipts should be observed every day in passing the General Cash-Book. To prevent excessive accumulations under this head, the Judge-in-charge shall fix the amount which the balance in the hands of the cashier shall not be permitted to exceed. He shall for this purpose regularly transfer to deposits in lump such amount as would keep down the balance within the limit prescribed. Amounts so transferred shall be treated in the same manner as money received in Court, and shall be entered in the Cashier's General Cash-Book, both on the credit and debit sides. Should the money be subsequently required, it shall be withdrawn from deposits in the manner described before and credited in the Peremptory Cash-Book. If such sums remain in deposit for three years they must be carried to the credit of Government under rule 684 relating to lapsed deposits. [G.L. 14/62] Note. - Challans for such deposits should be kept in the guard-files. A list of the deposits giving their dates, numbers and amount should be maintained on the front page of the Peremptory Cash-Book. When a particular item lapses or is withdrawn it should be scored through, a note being made on the corresponding chalian. Withdrawal shall as far as possible be made against earliest deposits which have not lapsed. The challans in a guard-file shall be destroyed on the expiry of four years from the date of the 1st deposit shown therein. ### 645. (a) Having initialled the accounts of the day and signed the Cash-Book, the Judge-in-charge shall sent the Pass-Book to the Treasury together with the net amount in cash and all the challans and payment orders. This remittance must be entered in the Cash-Book as a payment of the day upon which it is made. (b) It is important that this be done before the business of the new day commences, and the cashier should have in hand, after each such remittance, only the balance of the peremptory cash transactions and the other balances referred to in rule 625. Note. - The total of challans of the day for money received in cash by the Court, minus the total of Payment Orders cashed at the Court, will represent the balance of cash to be remitted to the Treasury. The amount so remitted will be noted on the back of the last challan entered in the Pass-Book in order to avoid the separate challan which otherwise would be required by the Treasury Officer. Courts not near Treasuries ### 646. At out stations, the Cash-Book shall be balanced as prescribed above, and the balances, both that of the receipts and payments under heads (a) to (g) and that of peremptory transactions, shall be carried forward to the next day's account. The accounts shall be balanced, compared, and signed every day in the manner prescribed in rule 643, save that, instead of comparing the Treasury Pass-Book with the accounts, the Judge-in-charge shall see that the Court balances are brought forward, and shall, at least once a week, ascertain that the money is actually in possession of the cashier and record a signed and dated certificate to that effect in the Cash-Book. Periodical Remittances ### 647. On the last day of the month and from time to time as occasion arises the Treasury Pass-Book shall be made up, showing all receipts and payments at the Court since the last remittances to the Treasury.\* Its accuracy having been tested, it shall be forwarded to the Treasury with all challans and Payment orders. Where the receipts have exceeded the payments, the cash excess shall be sent to the Treasury unless such excess does not amount to Rs. 5 in which case it may be remitted in the following month; a special report of the circumstances being sent to the Collector. The cashier will have, after the completion of the transaction, in addition to the balance of peremptory cash, transactions, only the Permanent Advance allowed to the Court for carrying on its payments at a distance from the Treasury. [\*Or to a branch Bank, vide note to rule 649.] Note. - Under no circumstances shall the balance of cash in hand be allowed to exceed Rs. 1,000. Adjustment with Treasury ### 648. The last day for remittance in each month must be so fixed that the final payment or receipt of money at the Treasury may just come within the month's accounts at the Treasury or Sub-Treasury (see rule 661), as otherwise the monthly accounts of the Judge-in-charge and those of the Treasury will not agree. Any transactions at the Court, after this remittance is made, although shown under their proper dates, should be treated as if they belonged to the ensuing month's accounts, registers and returns. Rules regarding Remittance ### 649. it is duty of the Judge-in-charge to see that money remitted from his Court actually reaches the Treasury, and is acknowledged by the Treasury Officer in the Pass-Book. Note. - Where the Court remits to a branch Bank direct, the Agent of the branch Bank should acknowledge the receipt of the remittance in the Pass-Book. ### 650. In making such remittances, the Police rules as to sending an escort with the money must be duly observed. Note. - In the case of Munsifs which are at the headquarters of districts or subdivisions, the Civil Court peons should be employed to take charge of remittances to the local Treasury. In the case of Munsifs situated in the interior of districts and subdivisions, remittances should be made under Police custody. During the absence of the Sub-divisional Officer, remittances to the District Treasury (vide rule 651) should also be made under Police custody. ### 651. During the absence on tour of Sub-divisional Officers, and the consequent closing of their Treasuries, Munsifs must be guided by the preceding rules applicable to officers at stations where there are no Treasuries, and must make remittances of surplus cash, if necessary, to the District Treasury. They will take advantage of the periodical return of Subdivisional Officers to headquarters to reduce the cash balances in their hands as much as possible, due regard being had to their probable requirements. Treasury Advice List ### 652. At the close of the business each day, the Treasury Officer, whether Sadar or Sub-divisional, shall prepare Advice Lists, in Form no. (A) -9, of all such challans and Payment Orders of each Judge-in-charge as have been brought upon the Treasury accounts in the course of the day, and shall forward them to such Judges-in-charge respectively, together with the challans referred to in clause (b) of rule 619. In these lists shall be entered in details such challans and Payment Orders as have been received or paid at the Treasury or Sub-Treasury in cash, while those brought into the Treasury account from the Pass-Book shall be included in a single total on each side with the description "as per your Pass-Book dated ...... ### 653. The list prepared at the Sadar Treasury for the District Judge shall include, besides the moneys received and paid on account of the Judge's own Court, those transactions also which belong to his subordinate Courts. These amounts, however, need not be entered in detail, but may be included in a single total of receipts and of payments for each Court, including Pass-Book transactions brought into account. Comparison by Judge ### 654. On receipt of this Advice List, the Judge-in-charge shall cause the particulars of the challans and Payment Orders shown in it to be compared with the office copies of the challans and with the details recorded in his Register of Payment Orders and shall further cause the date of actual credit and payment, as certified by the Treasury Officer, to be entered in the office copy of the challan and the Register of Payment orders. Note. - The Judge-in-charge must satisfy himself that sums withdrawn from deposit have been credited in the Peremptory Cash-Book (as required by rule 644) or in the General Cash-Book, as the case may be, before he puts his initials against the particular entries in column 9 of the Register of Payment Orders. ### 655. These entries must be initialled by the Judge-in-charge when he checks the posting in the Deposit Registers, as prescribed in rule 657. V. Deposit and Repayment Registers Separation of Petty Deposits ### 656. Two Registers of Deposit Receipts shall be kept in Form no. (A) -15 and two of Deposit Repayments in Form no. (A)-16. One of these shall be termed the Register of A-Deposits, and there shall be entered therein all deposits originally exceeding Rs. 5. The other shall be termed the Register of B-Deposits, and there shall be entered therein all deposits not originally exceeding Rs. 5. Both Registers shall be kept in the same form and shall be posted in the same manner, but with separate series of numbers (see next rule), distinguished by the initial letters A and B, respectively. Posting ### 657. As soon as the Treasury Advice List is received (rule 652), the Deposit Register will be posted in the following manner for the date to which it refers. In the first place, all cash transactions in Court on that day shall be posted, the receipts from the office copies of the challans and the payments from the Register of Payment Orders. Transactions at the Treasury shall then be written up from the Advice List, challans and the Register of Payment Orders. Note. - The date of granting the payment order should be entered in the repayment columns in the Register of Deposit Receipts, and the date of actual payment in column 4 of the Registers of Deposits Repaid. Registers of Receipts ### 658. All items of deposit in these registers must, as directed above, be numbered in an annual consecutive series of numbers commencing on 1st April, and ending with the last day of March in each official year. Only the first eight columns shall be filled in at first, the other columns being intended for the record of subsequent repayment. Notes of claims ### 659. In order to enable the Accountant to deal promptly with applications for payment of deposits, all attachment processes, transfer orders relating to decrees, orders for the substitution of parties and all other orders which affect the payment of decretal and other monies in deposit, shall be noted by him in the Deposit Register with all changes in the names and addresses of the payees. The Sarishtadar of each Court shall be responsible for communicating these orders to the Accountant who shall sign on the order sheet of the case in acknowledgement. Note. - At stations away from headquarters the Sarishtadar shall also be responsible for seeing that the entries are made in the Deposit Register. Registers of Repayments ### 660. The Registers of Deposit Repayments shall be posted from the Treasury Advice List and the Payment Order Registers, as directed above. Closing for the month ### 661. (a) The Registers of Deposit Receipts and Deposit Repayments in Courts at a Sadar station shall be totalled and closed on the last day of each month upon which the Sadar Treasury remains open, and in Sub-divisional stations on the day on which the accounts of the Sub-divisional Treasury are finally closed for the month, in such a way that the period and the transactions included in the Court's books and returns may correspond exactly with those included in the Treasury books and returns. (b) Care must be taken to make the final remittance to the Treasury in such time that it may be entered in the accounts of the Treasury of the month to which it belongs. (c) In each of the Registers of Deposit receipts prescribed by rule 656 a plus and minus memorandum must be drawn up at the end of the month's entries in the following form:- | | | | | | --- | --- | --- | --- | | | | Rs. | P. | | Balance of deposits from last month | ... | 0 | 00 | | Received during the month, as per register | ... | 0 | 00 | | Total | ... | 0 | 00 | | Repayment, as per Register | ... | 0 | 00 | | Balance of deposits at end of month | ... | 0 | 00 | VI. Control Over Subordinate Courts Responsibility ### 662. Every Judge is responsible for all payments of deposits made on his certificates or under his orders. In the case of receipts and payments of petty or B-Deposits, no detailed check is exercised over his proceedings, the account which he is required to render of these showing totals only. In the case of A-Deposits, however, all sums received, and not paid out during the month in which they have been received, and the balance of such of these deposits as have been partly paid out, must be reported to the District Judge, and must be included in that officer's accounts, and in his return to the Accountant-General. Note. - All returns will be signed by the District Judge. Daily Return of Subordinate Courts ### 663. Every day, after the Treasury Advice has been received, and the Deposit and other Registers have been written up and checked with it, two statements showing transactions of the date to which it refers shall be prepared by the Judge-in-charge and forwarded to the District Judge. The first of these statements [Form No. (A) -10] shall show the total amount of the entries in the Deposit Registers and the total of all other transactions brought on the Registers. Deposits Repaid [Form No. (A)-16] giving the particulars of repayments on account of deposits received during previous months. At the foot of the first statement the Judge-in-charge shall certify that his Registers of B-Deposits are written up to date and are in order. Note. - It will be observed that these returns are intended to exhibit actual receipts, and payments and that they are therefore to be compiled from the Deposit Register, and not from the Register of Payment Orders. Note 2. - The Subordinate Courts referred to in rule 662 and in rule 663 are those which keep their own accounts and the accounts of other Courts as well- vide rule 634. ### 664. At out-stations some delay in submitting the daily returns is unavoidable, but this delay should not exceed the time necessary for the Treasury Advice List to reach the Court. The date on which the returns are actually signed shown on them by the Judge-in-charge. Verification by Judge-in-charge ### 665. At the time of signing the returns, the Judge-in-charge should have before him the Registers of Receipts and Payments of Deposits and the Treasury Advice List. Examination by District Judge ### 666. The statements furnished by the Subordinate Courts shall, when received in the District Judge's office, compared with the corresponding Advice List supplied to him by the Treasury Officers, under rule 653. In the case of out-stations, the totals for the whole month supplied by the Judge-in-charge must agree with the totals for the whole month supplied by the Treasury Officer, if only attention has been paid to the rules regarding periodical remittances. In the course of the month the former totals will ordinarily exceed the latter, and the difference must be taken to represent cash transactions advised by the Court, but not yet brought on the Treasury Books. In the case of Courts near Treasuries, no such discrepancies should occur if the rules are properly observed. When any such are noticed, immediate steps must be taken, under the District Judge's orders, to reconcile them. Judge's Register of Totals ### 667. After examination the totals of Deposits received and paid shall be posted into a Register to be kept by the District Judge in Form no. (A) -19. This register contains two sets of columns, one set relating to A-Deposits and other to B-Deposits. Separate portions of the Register for the month must be allotted to each Subordinate Court, that is, for each Subordinate Court a number of pages, according to the probable work, must be assigned in the leaves devoted to that particular month. The entries in respect of each Subordinate Court will thus come continuously and in order of date, and they must be totalled at the end of the month. ### 668. In the portion of the Register which relates to B-Deposits, a column has been provided for a daily balance which must be struck by adding together the preceding day's balance and receipts, and deducting the payments. The object of the daily balance is to afford the District Judge a ready means of controlling Subordinate Courts in the receipt and payment of small deposits as any excess of payments over receipts will be at once detected. Posting Repayments of A-Deposits ### 669. (a) Taking up next the detailed Daily Register of Deposits Repaid [Form no. (A)-16] the repayments must be posted against the corresponding entries in the Judge's Daily Register of Deposits Received [Form no. (A)-15] and must be initialled by the District Judge in the same manner as repayments authorised by himself. They must also, at the same time, be copied into his Register of Deposit Repayments [Form no. (A)-16]. (b) As each payment is noted in the District Judge's Register the district number (rule 673) against which the payment is charged must be noted in Subordinate Court's return. Note. - In noting the repayments, care should be taken to see that the amounts thus reported as repaid are actually repayable, and that amounts which should be credited to Government are not repaid to individual. Monthly Return ### 670. (a) At the end of the month there shall be furnished by the Subordinate courts to the District Judge a statement of all A-Deposits received, but not wholly repaid during the month. This statement will be an extract from the Register of Deposit Receipts Form no. (A)-15) omitting the items which have been wholly repaid during the same month. Of deposits received and partially repaid in the same month, the unpaid balance only is to be shown in this statement. The dates of despatch from the Subordinate Court and of receipt by District Court shall be noted on this statement. Explanation. - An A-Deposit, the balance of which has been reduced below Rs.5 by a payment made in the same month, is to be included among the A and not among the B Deposits. [(b) On the 31st March of each year the Subordinate courts shall, in addition submit to the District Court a certificate that all uncashed orders to be cancelled under rule 635 (c) have been marked off in their Registers. ### 671. There shall be appended to the monthly statement of Deposit Receipts a plus and minus memorandum in Form no. (A) -11. Examination by District Judge ### 672. On receipt of the monthly statement and the plus and minus memorandum, the Register [Form no. (A) -19] shall be compared therewith. First, as regards A-Deposits, the total of the column headed "Repaid on account of current month" should agree with the amount shown in the plus and minus memorandum; and when this amount is deducted from the total of the column heads "Total amount Received" the balance ought to agree exactly with the total of the statement of outstanding A-Deposits received from the Court to which the figures relate. Second, as regards B-Deposits. the balance itself can be tested in detail only once a year, when the yearly statement under rule 681 is received: t>ut every month the difference between the opening and the closing balance should be equal to the difference between the receipts and payments reported in the plus and minus memorandum. Posting Receipts of A-Deposits ### 673. The Subordinate Court's monthly detailed statement of A-Deposits received shall be attached by the District Judge to his own Register of Deposits received, after he has closed the accounts of the Civil Courts at the sadar station. The District Judge will also number the deposits in the Subordinate Courts' return in continuation of his own series. Note. - The District Judge should examine the receipts so as to see that no item has been improperly held in deposit; and if he finds amounts so held which should be credited to Government, he should direct the Subordinate Court accordingly. VII. District Monthly Returns Returns of Deposits Received ### 674. On the 12th of each month an Extract Register of Deposit Receipts exceeding Rs. 5 shall be prepared by the District Judge in Form no. (A) -17, and forwarded to the Treasury Officer for transmission, after a comparison with his cash accounts, to the Accountant General. This Extract Register will be prepared from the entries made during the month in his Register [Form no. (A)-15] and will contain all such items of more than Rs. 5 each as were deposited in his own Court, and in Courts subordinate to him, omitting all those which were wholly repaid during the month, and showing, in the case of those partially repaid during the month, the unpaid balance only. The Sadar Court entries should appear first, then after a line or break,-the entries of each Subordinate Court separately headed by the name of the Subordinate Court. At the foot of this Register, deposits received and repaid during the month, and deposits received for sums of Rs. 5 each and less, are to be shown in separate totals for each Court without details. This Extract Register should be despatched punctually on the 12th of the month, unless in the case of the larger districts a later date is fixed. The whole of the entries for each Court should be consecutive and separated from those of the other Courts by a space and heading. Returns of Deposits Repaid ### 675. A monthly extract from his Register of Deposit Payments [Form no. (A) -16] of sums above Rs. 5 shall be forwarded in the same form by the Judge to the Treasury Officer for transmission, after comparison with his lists of payments, to the Accountant-General. The District Judge shall include in this extract (1) the details of repayments on account of deposits of previous months whether made in his own Court or entered by him from the statements of Subordinate Courts; (2) a single total for each Court of the repayments of the Current month's deposits, whether made at the district or Subordinate Courts, which must agree with the total of receipts on the same account; (3) the totals for each Court of the repayments on account of deposits Rs. 5 and less received during the year of account and the year next preceding. Like the Extract Register of Receipts, this return will keep each Court's entries in separate series. The extract will be prepared on the same printed form as the Register and should be posted as shown on the next page, columns 7 and 8 not being used. | | | | | | --- | --- | --- | --- | | Details of Deposit | Dates as to present repayment | Number of payment voucher | To whom repaid | | Date of receipt | Number as per Register of Receipts | Amount or balance of deposit | Date of cashing Payment Order whether at Court or at Treasury | Date of granting Payment Order as per Court's Register | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | | | Court ARs. P. | | | | | | 7th September, 1998 | ... | 15.50 | 3rd September, 1999 | 2nd September, 1999 | 176 | ... | | 3rd January, 1999 | ... | 6.78 | Ditto... | Ditto... | 177 | ... | | 7th June, 1999 | ... | 108.62 | Ditto... | 3rd September, 1901 | 178 | ... | | | | | | | | Add- Repayment or deposit of current month. | | | | | | | | Add- B Deposits repaid. | | | | | | | | Total Court A | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Whether paid in cash or by transfer | Received in all previous years | Received last year | Received during the current year | Initials of Accountant | Initials of Judge-in-charge | Remarks | | Previous month | Current month | | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | | | Rs. P. | Rs. P. | Rs. P. | Rs. P. | | | | | ... | 15.50 | ... | ... | ... | ... | ... | ... | | ... | ... | 6.78 | ... | ... | ... | ... | ... | | ... | ... | ... | 108.62 | ... | ... | ... | ... | | ... | 15.50 | 6.78 | 108.60 | ... | ... | ... | ... | | ... | ... | ... | ... | 29.73 | ... | ... | ... | | ... | 9.37 | 3.50 | 9.19 | 6.19 | ... | ... | ... | | ... | 24.87 | 10.28 | 117.81 | 35.92 | ... | ... | ... | ### 676. (a) A plus and minus memorandum in the form prescribed by rule 671, but including the figures of the Subordinate Courts, as well as those of the District Judge's own Court, shall be appended to the Statement of Deposit Receipts. (b) This plus and minus memorandum is to show as repayments the actual repayments at the Treasury, and is further to show the Treasury balance outstanding. Note. - It will be found convenient to keep in a separate register a copy of this plus and minus memorandum, with further memoranda of the details from which the figures have been arrived at. It is important that there should be no difficulty at any time in reconciling the figures of the Court with those of the Treasury. VIII. Annual Clearance Register of Deposits Clearance Register ### 677. (a) At the end of each year the registers of A-Deposits received in the next preceding year shall be closed by transcribing into the last column headed "Transferred to Clearances Register", every balance which exceeds Rs. 5. An Annual Clearance Register shall be drawn up in Form no. (A)-18 showing all these balances of A-Deposits of the preceding account year next but one. For example, the Clearance Register of April 1903 will show all unpaid balances of A-Deposits received in 1901-02. Note. - The words "Clearance Register" wherever they occur in these rules, were substituted for the original words "Account Particulars". (b) Of balances which do not exceed Rs.5 a separate list shall be made out under rule 80. ### 678. The items in this account having been carefully compared with the corresponding balances in the original Register of Deposits Received Form no. (A) -15, the last named document shall be laid aside, and future repayments recorded only in the Clearance Register. Note. - If against any of the items transferred to the Clearance Register a repayment order has been issued and cancelled under rule 635 (c) a note to that effect must be made in the Clearance Register, so that if application for repayment is again made, an order may not be issued without recalling the original cancelled one. Return by Subordinate Courts ### 679. A copy of the Clearance Register shall be sent by the Subordinate Courts to the District Judge, and by him carefully compared with entries in his Register of Receipt. Any discrepancy found must be investigated and corrected. Return by District Judge ### 680. The Clearance Register of the District Judge necessarily includes the items in the several Clearance Registers of the Subordinate Courts, and a copy of it shall be sent to the Accountant-General. The due date for its despatch shall be the 30th April, by which time the Judge should have received and compared the Clearance Registers of his Subordinate Courts. Verification of Petty Deposit Balance ### 681. In order to verify the balance of B-Deposits, each Court shall make a list of the unpaid balances of receipts of the past twelve months, and, by actual summation of these balances, find the total amount outstanding on account of the past year's deposits. Each Court is required to submit, along with the Clearance Register of A-Deposits, a certificate that the balance of B-Deposits of the past year has been found by actual summation to be Rs......... ### 682. The balance found under the last rule together with the total of the list prepared under rule 684 (2) must equal the total balance of petty deposits on March 31st, and must be so verified- (1) by each Court with the forward balance in the plus and minus memorandum; (2) by the District Judge with the balances of the Subordinate Courts brought forward in the Register no. (A)-19. ### 683. The District Judge, having verified the balance certificates of the Subordinate Courts, shall endorse each with the certificate "Examined and found correct", and shall certify the fact of having done so upon the Statements of Lapsed Deposits sent to the Accountant-General under rule 685. IX. Lapse of Deposits Lapse of Deposits ### 684. On the 31st March of each year, the following unpaid balances of deposits lapse to Government, and are to be written off in the Clearance Register and Registers of Receipts respectively:- (1) Of A-Deposits, first, all balances which do not exceed Rs. 5 in respect of deposits made during the last three years including the year then closing; secondly, all balances of deposits outstanding over three complete years, that is, all balances in the Clearance Register prepared two years before. These balances should be marked "lapsed" in the last column of the Register of Receipts or the Clearance Register, as the case may be. (2) Of B-Deposits, first, all deposits outstanding over one complete year, secondly, all balances of deposits which are remaining after part-payment during the year. These balances are to be marked "lapsed" in the last column of the Registers of Receipts. Example. - The balances which lapse on the 31st March, 1931, are- (a) all balances of A-Deposits received in 1927-28; (b) all balances of A-Deposits received in 1928-29, 1929-30 and 1930-31, which do not exceed Rs. 5 after repayments made during 1930-31; (c) all outstanding B-Deposits received in 1929-30; (d) all balances of B-Deposits received in 1930-31, which have been partly repaid in 1930-31. Statements of Lapsed Deposits ### 685. (a) Four statements of the balances to be written off shall be prepared in Form no (A)-12 one for each of the four clauses (a), (b), (c) and (d), specified in the Example under rule 684. These statements shall be submitted along with the Clearance Registers. Those of the Subordinate Courts must be compared by the District Judge with his own Registers, and discrepancies, if found, must be reconciled. Those of the District Judge must include, under the District Judge's numbers, the lapsed balances of A-Deposits of the Subordinate Courts. (b) As regards B-Deposits, the statements received from the Subordinate Courts must be copied into the District Judge's statement with a separate total for each Court, the originals being filed for future reference. Note. - The note under rule 678 applies to these Statements of Lapsed Deposits also. Correction of Balance ### 686. These statements must all be submitted during April, and the totals thereof must be deducted by a separate entry from the plus and minus memorandum, drawn up at the end of April, so that the plus and minus memorandum may show only the balance actually outstanding upon the Registers of the Court concerned. Refund of Lapse Deposits ### 687. When payment of a deposit lapsed under rule 684 is required by a person entitled thereto, an application in Form no. (A) -3 shall be made through the Presiding Officer, who shall examine the claim, and, if he finds it correct, shall forward the application to the District Judge who, if satisfied that the inquiry has been adequate, shall forward an application in Form no. (A)-4 to the Accountant General. The Presiding Officer should, in cases of doubt, ordinarily insist on the personal attendance of the applicant and should require him to affix to the Order-sheet in his presence his signature or thumb impression. He should also require the attendance of the pleader through whom the application has been made. The Presiding Officer may, in his discretion, require the applicant to sear an affidavit, to adduce oral or documentary evidence of his identity, and, as a guarantee of his good faith, to furnish security. If as a result of his inquiry the Presiding Officer, other than the District Judge, is not satisfied of their identity of the applicant, he should forward the application with the record of his inquiry and a report to the District Judge. If the District Judge is satisfied of the identity of the applicant he should pass the application. If he is not satisfied and considers that the identity cannot be established without a local inquiry he may refer the matter to the Collector or to the Subdivisional Officer in the case of outlying Munsifs. The Collector or the Sub-divisional Officer as the case may be, shall cause a local inquiry to be made and submit a report to the District Judge. Several deposit numbers may be included in a single application, if they are payable to the same person. The Accountant-General's letter of authority, when received, shall be noted against the item in the Clearance Register (or Original Register in case of deposits not transferred to the Clearance Register), so as to prevent a second application. This letter shall then be passed for payment at the Treasury, as prescribed in the form. No other record of these refund is necessary; and such payments are not to be shown in the plus and minus memorandum. [Individual items of peremptory deposits do not come with in the provisions of audit. See H.C. Letter no. 6958-70, dated the 24th June 1937] Note 1. - As soon as the application in Form no. (A) -4 is forwarded to the Accountant-General the application in Form no. (A)-5 relating to it shall be cancelled by an endorsement "application made to the Accountant-General for refund" across Part II of the form (for which a rubber stamp may be used) and the endorsement shall be signed by the Judge-in-charge. Note 2. - A record of the steps taken by the Presiding Officer to satisfy himself of the correctness of the claim should be kept on an order-sheet. Every application should be treated as a miscellaneous case and the order sheet and the connected papers should be preserved for a period of 12 years. Whenever the Presiding Officer considers it necessary to call on the applicant to give his signature or thumb impression it should be taken on the order-sheet. ### 688. If the letter of authority received from the Accountant-General is not claimed by the payee within twelve months from the date thereof, it shall be returned to that officer. X. Supplementary Rules as to Receipts Under Heads (b) to (g) of Rule 607 Fines ### 689. When a fine is paid into a Civil Court the receipt shall be dealt with under the next following rule. Registers ### 690. Every Judge-in-charge shall maintain a Register of Miscellaneous Receipts including Judicial Fines and Stamp Duty and Penalties in Form no. (A) -20. In this Register all receipts are to be posted which do not come under head (a) (Deposits) or head (h) (Peremptory Receipts) of rule 607. The entries shall be made and checked in the same way as the entries in the Register of Deposit Receipts of the Subordinate Courts. The amount of petty receipts under (f) and (g) are to be shown only in a single total for each day. Credits to Government ### 691. It is the duty of every Judge to see that sums which are in deposit, but which under any rule or law are forfeited, or become the property of Government (e.g., earnest money forfeited, or intestate property unclaimed), are duly credited to Government. In every such case there shall be prepared simultaneously (1) a Payment Order addressed to the cashier and directing payment of the deposit "by transfer as per challan no. of this date," and (2) a challan crediting it to the proper head. Such Payment Order and challan shall be registered and dealt with in every way as if cash were paid out of and received into Court. ### 692. With regard to unclaimed property of intestates or others, it will be seen from the form that Register no. (A) -20 deals only with receipts under this head which have remained in deposit for the prescribed period. A register showing the property in detail must be kept in Civil Courts in Form no. (A)-24. Note 1. - Any cash belonging to an intestate estate which may be received in Court, from whatever source derived, must be paid into the Treasury at once and no such cash must be allowed to remain in the hands of the Nazir. Note 2. - On the receipt of the unclaimed property of persons dying intestate the Nazir must make the requisite entries in the Register in Form no. (A) -24, and these entries must be compared with the Police Chalian by the Sarishtadar and the Accountant. If cash forms part of the property or if part of the property, being perishable, is sold before the expiry of the year prescribed by law, such cash or sale-proceeds must, after entry in the Register just mentioned, be put in deposit till the time arrives for paying them over to claimants or crediting them to Government. Note 3. - The Judge should pay the expenses of conveying intestate property to the Sadar station from his Permanent Advance and charge the same in the Contingent Bill, subject to reimbursement from the eventual proceeds of the sale of the property, or, in case where a claim to heirship is established either by payment by the heir before the property is delivered to him, or by the sale of such portion of the property as may cover the expenses. ### 693. Under head (e) (other general fees, fines and forfeitures) of rule 607 shall be comprised all receipts not falling within any of the other principal heads of receipts, e.g., forfeiture of earnest money, etc. ### 694. Receipts under the head of account mentioned in rule 693 are at once credited at the Treasury to Government. They are not to be retained intermediately in deposit either at the Court or at the Treasury. Monthly Returns ### 695. At the close of the month, every Judge-in-charge shall prepare Lists in Form no. (A) -20 of all the miscellaneous receipts, etc., paid by him into the Treasury. Subordinate Courts shall forward their Lists in duplicate to the District Judge, and the District Judge shall add the totals of these Lists at the foot of his own List, and, appending one of the copies received by him from each Subordinate Court, shall forward the whole to the Accountant-General for check against the Treasury accounts. Verification of the stock of saleable forms ### 696. The stock of saleable forms in all Civil Courts subordinate to the High Court will remain with the cashier. The cashier will sell such forms and keep an account in the form given below. The stock shall be verified half-yearly, issues shown in the Register being checked from the entries in column 13 of the Register of Miscellaneous Receipts [Form no. (A) -20]. A certificate in the form given below duly signed by the Judge-in-charge shall be submitted by Subordinate Courts to the District Judge at the close of each half-year; and those returns, when received, should be forwarded by the District Judge, together with the return of his own Court, to the [Superintendent Press and Forms, Gaya] [Substituted by C.S. No. 49, dated 7.8.1974.] . Certificate Certified that the stock of saleable forms shown in the above return to be in hand on the.................has been duly verified and found correct. Cashier The ............ 20 Judge-in-charge Accounts of Saleable Forms (With Sample Entries.) | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Date | Application for copy | Application for information | – | – | Price | Number and date of Challan by which paid into Treasury | Initials of the Judge-in-charge | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | | | | | | | Rs. P. | | | | | Stock | 500 | 300 | ... | ... | (in red ink) | ... | ... | | | Sold on 6th May, 1978 | 400 | 250 | ... | ... | 6.78 | 256, dated 7-5-1978 | ... | | | Sold on 9th May, 1978 | ... | 8 | ... | ... | 0.12 | 302, dated 10-5-1978 | ... | (Sd.) A.B.Cashier | | Balance on 30th May, 1978 | 100 | 42 | ... | ... | ... | ... | ... | | | Received | 400 | 200 | ... | ... | ... | ... | ... | | | | 500 | 242 | ... | ... | ... | ... | ... | | Note-The balance should be struck at the close of the month. (Sd.) A. B.,Cashier . XI. Miscellaneous Accountant and Cashier ### 697. In carrying out these rules care must be taken by all Judicial Officers that, in respect of cash transactions in Court, distinct officers are employed as Accountant and Cashier. In other words, the same officer shall not keep the office copies of challans and Register of Payment Orders, Deposit Registers, etc., and also receive and pay the money. The Deposit Register and Clearance Register and connected papers shall be kept by the Accountant under lock and key, he being solely responsible for them. [G.L. 7/54] Note. - In place of the Nazira Naib Nazir or a clerk may be appointed as Cashier provided (i) that he is expressly so designated, (ii) that his duties and responsibilities are made clear, and (iii) that he gives the necessary security. Such appointments should be made in cases where the Nazir owing to the pressure of other work, is unable to discharge the duties of Cashier in strict accordance with the instructions contained in the Court's General Letter no. I of 29th January, 1902, but this will not relieve the Nazir of his responsibility for the correctness of the Cashier's books. Language of Accounts and Supervision by Sarishtadar ### 698. Every Judicial Officer shall keep his accounts in English; and it must be distinctly recorded by him whether the Sarishtadar is, or is not responsible for a general control and supervision over the Accountant. Note. - The Sarishtadar of the Court of each Judge-in-charge of accounts (at headquarters stations the Sarishtadar of the District Judge's office) should be required periodically to inspect carefully the Nazir's account books. The discovery of any defects or a breach of the High Court's account rules or of the instructions given in rule 95 and in the notes to Form nos. (A) -21 and (A)-22 should be promptly brought to the notice of the Judge-in-charge. In the case of Courts in the interior of the district the fact should, without delay, be brought to the notice of the District Judge. Forms ### 699. Manuscript forms are prohibited. All Account Books should be paged before they are brought into use. Daily Examination of Accounts ### 700. The Accounts and Registers, of Which a list is given in Appendices I and II annexed to these rules must be compared daily by the Judge-in-charge; and this rule is on no account to be neglected, as its observance is essential to the integrity of the transactions and the correctness of the books. The notes at foot of the forms indicate how the verification is to be made though they must not be taken as exhaustive, and the Judge-in-charge is expected to use his discretion with regard to the amount of cross-checking which may be rendered necessary by the fact that owing to delay in encashment of payment orders or other causes corresponding entries in the registers may appear under different dates. Appendix I List of Registers to be Compared Daily by Judge-in-Charge | | | | | | | --- | --- | --- | --- | --- | | For all Judicial Officers | Kept by the Accountant | 1. Register of Payment Orders. | Form No. | (A) -13 | | 2. Treasury Pass Book | Form No. | (A) -14 | | 3. Register of Deposits received. | (Part I)(Part II) | Form No. | (A) -15 | | 4. Register of Deposits repaid. | (Part I)(Part II) | Form No. | (A) -16 | | 5. Clearance Register of A-Deposit | Form No. | (A) -18 | | 6. Register of Miscellaneous Receipts and Repayments | Form No. | (A) -20 | | | | | | | Kept by the Cashier | 1. Counterfoils of Receipts granted by Cashier for Peremptory cash receipts | Form No. | (A) -21 | | 2. Peremptory Cash Book | Form No. | (A) -22 | | 3. General Cash Book | Form No. | (A) -23 | | 4. Account of saleable forms | | | | | | | | | | For District Judges | Kept by the | Accountant- Register showing Deposits Received and repaid by Subordinate Courts | Form No. | (A) -19 | | Cashier-Register of Intestate Property | Form No. | (A) -24 | Appendix II Judge's Daily Examination of Accounts (1) Transactions at Court Comparison of Cashier's General Cash-Book with challans and payment orders and with Registers of Payment Orders. Comparison of Treasury Pass-Book with the Cash-Book. (2) Transactions at Treasury Comparison of Treasury Advice with challans. and Registers of Payment Orders, of Deposit Receipts and of Miscellaneous Receipts. Comparison of Treasury Advice with Treasury Pass-Book. (3) Transactions at Subordinate Courts By Subordinate Court. - Comparison of the Daily statement with the Registers. By District Judge. - Comparison of Treasury Advice with Subordinate Court's Statement. Comparison of Statement with posting therefrom in the Register Form no. (A) -19 and Registers of Receipts and Payments of Deposits. Judge's Monthly Examination of Accounts ### 1. The proper closing and totalling of all Registers. ### 2. Comparison of outgoing Statements with Office Registers. ### 3. Comparison of plus and minus memorandum with totals of Registers. ### 4. Ascertainment and verification of outstanding Payment Orders. By District Judges. - Comparison of Subordinate Court's Return with Register, Form no. (A) -19. Appendix III List of Returns From the Subordinate Courts to the District Judge | | | | --- | --- | | Statement of total Receipts and Payments on account of deposits and other transactions. | Daily. | | Extract Register of Repayments of A-Deposits received in previous months. | " | | Statement of A-Deposits received, but not repaid during the month, withplusandminusmemorandum enfaced. | Monthly. | | Statement of Receipts under heads (b) to (g) of rule 607. | " | | Clearance Register of A-Deposits | Annually. | | Certificate of the Examination of B-Deposits | " | | Statements of Lapsed Deposits | " | | From the District Judge through the Treasury Officer | | | Extract Register of Deposit Receipts with plus and minus memorandum enfaced. | Monthly. | | Extract from Register of Deposit Repayments. | " | | Statements of Receipts of his Court, and of the Courts subordinate to him under heads (b) to (g) of rule 607. | " | | From the District Judge to the Accountant-General direct. | | | Clearance Register of A-Deposits Annually. | Annually. | | Statements of Lapsed Deposits of his Court, and of the Court subordinate to him, with certificates of the examination of B-Deposits enfaced. | " |

65b9361bab84c7eca86e89bc

acts

State of Odisha - Act ----------------------- The Orissa Imported Edible Oil (Prohibition of Unauthorised Sale) Order, 1989 ------------------------------------------------------------------------------- ODISHA India The Orissa Imported Edible Oil (Prohibition of Unauthorised Sale) Order, 1989 =============================================================================== Rule THE-ORISSA-IMPORTED-EDIBLE-OIL-PROHIBITION-OF-UNAUTHORISED-SALE-ORDER-1989 of 1989 ----------------------------------------------------------------------------------------- * Published on 9 June 1978 * Commenced on 9 June 1978 The Orissa Imported Edible Oil (Prohibition of Unauthorised Sale) Order, 1989 Published vide Notification Orissa Gazette Extraordinary No. 1270/31-8-1989-Notification No. 24083-PL-IC-34/89/19-8-1989 NO.24083-PL.-IC./34/89. - In exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (10 of 1955), read with the Order of Government of India in the Ministry of Agriculture and Irrigation (Department of Food) No. G.S.R. 800, dated the 9th June, 1978, the Governor is pleased to make the following order, namely : ### 1. Short title, extent and commencement. (1) This Order may be called the Orissa Imported Edible Oil (Prohibition of Unauthorised Sale) Order, 1989. (2) It shall extend to the whole of the State of Orissa. (3) It shall come into force on the date of its publication in the Orissa Gazette. ### 2. Definitions. - In this Order, unless the context otherwise requires- (a) "agent" means a person transporting or handling any quantity of imported edible oil belonging to an authorised dealer, or a person transporting, handling or storing such oil belonging to a corporation in terms of an agreement with, or on the strength of a written authority of such authorised dealer or corporation; (b) "authorised dealer" means a dealer appointed by the State Government of Orissa or by a duly authorised officer thereof to run a fair price shop or a ration shop at which imported edible oils are or may be sold, and includes a wholesaler or distributor similarly appointed to obtain supply of such oils for delivery to such a dealer and a registered co-operative society which sells imported edible oils in sealed containers; (c) "Corporation" means a corporation or a company owned or managed or controlled by the Central Government or the State Government which is engaged by the Central Government in or by the State Government in the distribution of imported edible oils; (d) "imported edible oils" means palmolein oil, rape-seed oil or any other edible oils imported from outside India by the Central Government or the State Trading Corporation of India Limited and such other edible,oils whether refined or not so imported as may be notified by the State Government in the Official Gazette; whether refined or not ; Explanation. - Imported edible oils such as palmolein or rape-seed oil or any other edible oil when not refined shall have the same specifications as laid down in 'A 17' of the Appendix B to the Prevention of Food Adulteration Rules, 1955 and when refined also have the specifications laid down in A 17-15 of the said Appendix; (e) "State Government" means the State Government of Orissa. ### 3. Prohibition of unauthorised acquisition or sale of imported edible oils. (1) No person shall acquire any quantity of imported edible oils except under authorisation of the Central Government, the State Government, any Corporation or from any authorised dealer. (2) No person other than an authorised dealer shall sell or possess or store for sale any quantity of imported edible oil except under and in accordance with a written authority issued by a duly authorised officer of the State Government. (3) No authorised dealer shall sell imported edible oils except in refined form or otherwise than in accordance with such directions as may be issued by the State Government or any officer of the State Government authorised in this regard. (4) No agent shall store, dispose of or attempt to dispose of any quantity of imported edible oils except under and in accordance with the direction of its principal. ### 4. Order not to apply to certain cases. - Nothing in this order shall apply to- (i) the Central Government or a State Government; or (ii) a bona fide consumer obtaining supplies of imported edible oils from an authorised dealer; or (iii) a Corporation ; or (iv) a refiner in so far as it refines imported edible oils in terms of a contract with the Central Government or a State Government or a Corporation; or (v) a manufacturer of vanaspati in so far as it uses imported edible oils allotted in its favour by the Central Government or a Corporation for manufacturer of vanaspati. ### 5. Power of entry, search, seizure, etc. (1) Any officer authorised in this behalf by the Government of Orissa may, with a view to securing compliance with the provisions of this order, enter, inspect and search any premises, places, vehicles or vessels and seize any stock of imported edible oils alongwith the packages, covering or receptacles in which such stock is found and the animals, vehicles, vessels or other conveyances used in carrying such stocks if he has reasons to believe that any provision of his order has been, is being or is about to be contravened, in respect of such stock or any part thereof. (2) The provisions of Section 180 of the Code of Criminal Procedure, 1973 (2 of 1974) relating to search and seizure shall, as far as may be, apply to searches and seizures under this clause. ### 6. Power to exempt in special cases. - If the State Government, having regard to the conditions prevailing in any area, considers if necessary or expedient so to do in the public interest, it may, by notification in the Official Gazette, exempt, for such period and subject to such conditions as it may think fit, any class or classes of persons in that area as it may specify in the notification from the operation of all or any of the provisions of this Order.

65baa4b5ab84c7eca86ec406

acts

State of Gujarat - Act ------------------------ The Sardar Sarovar Narmada Nigam Limited (Conferment of Power to Redeem Bonds) Act, 2008 ------------------------------------------------------------------------------------------ GUJARAT India The Sardar Sarovar Narmada Nigam Limited (Conferment of Power to Redeem Bonds) Act, 2008 ========================================================================================== Act 12 of 2008 ---------------- * Published on 29 March 2008 * Commenced on 29 March 2008 The Sardar Sarovar Narmada Nigam Limited (Conferment of Power to Redeem Bonds) Act, 2008 Gujarat Act No. 12 of 2008 For Statement of Objects and Reasons, see Gujarat Government Gazette, Exty., Part IV, No. 12, dated 29-03-2008, p. 12-1. (First published, after having received the assent of the Governor in the "Gujarat Government Gazette", on 29-3-2008). An Act to confer power on the Sardar Sarovar Narmda Nigam Limited to redeem, in the public interest, the Deep Discount Bonds issued by it. It is hereby enacted in the Fifty-ninth Year of the Republic of India, as follows:- ### 1. Short title. - This Act may be called the Sardar Sarovar Narmada Nigam Limited (Conferment of Power to Redeem Bonds) Act, 2008. ### 2. Amendment of financial covenants and conditions of Bonds. (1) Notwithstanding anything contained in the terms of prospectus dated 29-9-1993 issued by the Sardar Sarovar Narmada Nigam Limited being a Government Company within the meaning of section 617 of the Companies Act, 1956 (1 of 1956) (hereinafter referred to as "the Company") in respect of the Bonds, or in the Trust Deed dated 31-12-1994 between the Company and the trustees, or in any other document relating to Deep Discount Bonds or in condition No. 7 appearing under the heading "financial covenants and conditions" specified on the reverse side of the Bonds (hereinafter referred to as "the said financial covenants and conditions"), the Legislative Assembly of Gujarat hereby amends, in the public interest, the said financial covenants and conditions as follows, namely:- In the said financial covenants and conditions, after condition No. 3 relating to redemption, the following condition shall be inserted and shall be deemed always to have been inserted with effect on and from the date of the allotment of the Bonds, namely:- "3-A. (a) Notwithstanding anything contained in condition No. 3 relating to redemption and in the terms of withdrawal of Bonds appearing under condition No. 9, each Bond having the face value of Rs. 1,11,000 issued at Rs. 3,600 shall be redeemed earlier on such date and with such deemed face value as the Company may determine by payment of the amount so determined: Provided that the deemed face value shall be so determined as not to be less than such amount as may be arrived at by raising the deemed face value of Rs. 25,000 as on 11-1-2005 at the rate of 18.92 per cent, for the period beginning from the said date of 11-1-2005 till the date of redemption so determined. (b) The Company shall publish the date and the deemed face value determined under clause (a) in the newspapers in English and Gujarati languages in the area having wide circulation.". (2) The new condition 3-A inserted in the said financial covenants and conditions by sub-section (1) shall be deemed to have been incorporated in and to have formed part of each of such Bonds with effect on and from the date of its allotment i.e. 11-1-1994 (irrespective of whether the Bond is in possession of a Bond holder or not). ### 3. Bar of jurisdiction of civil courts. - No civil court shall have jurisdiction to entertain any question arising out of any provision of this Act and of the Deep Discount Bonds (as amended by this Act) issued by the Company and no jurisdiction shall be granted by any civil court in respect of any action taken or to be taken in pursuance of any financial covenant or condition of the Bonds.

65b9b504ab84c7eca86e9abd

acts

State of Rajasthan - Act -------------------------- Rajasthan Information Commission (Management) Regulations, 2007 ----------------------------------------------------------------- RAJASTHAN India Rajasthan Information Commission (Management) Regulations, 2007 ================================================================= Rule RAJASTHAN-INFORMATION-COMMISSION-MANAGEMENT-REGULATIONS-2007 of 2007 --------------------------------------------------------------------------- * Published on 24 July 2007 * Commenced on 24 July 2007 Rajasthan Information Commission (Management) Regulations, 2007 Published vide Notification No. G.S.R. 38, dated 24.7.2007 Last Updated 23rd May, 2019 It is hereby notified for general information that the Rajasthan Information Commission (Management) Regulations, 2007 framed under Section 15(4) of the Right to Information Act, 2005 shall come into force with immediate effect. G.S.R. 38. - In exercise of the powers conferred by Section 15(4) of the Right to Information Act, 2005 (Act 22 of 2005) and all other provisions in the Act enabling in this behalf, the Chief Information Commissioner hereby makes the following Regulations for management of the judicial affairs of the Rajasthan Information Commission so as to enable it to function effectively. Chapter I ----------- ### 1. Short Title and Commencement. - (i) These Regulations may be called "Rajasthan Information Commission (Management) Regulations, 2007". (ii) These regulations shall come into force with immediate effect. (iii) Appeals and Complaints which have already been filed before the date of commencement of these regulations and have been found in order and are already registered before this date will be proceeded with as before and shall not abate for any infirmity therein but these regulations will be applicable for any prospective action even in regard to such pending appeals and complaints. ### 2. Definitions. - In these regulations unless the context otherwise requires,- (a) "Act" means the Right to Information Act, 2005 (Act 22 of 2005); (b) "Commission" means the Rajasthan Information Commission; (c) "Chief Information Commissioner" means the Chief Information Commissioner appointed under the Act; (d) "PIO" means an officer designated by a public authority under Section 5(1) of the Act and includes an Assistant PIO/PIO so designated or notified under Section 5(2) of the Act and it also includes - (i) an officer to whom an application submitted under the Right to Information Act seeking certain information is transferred under Section 5(4) of the Act; and (ii) any officer to whom the request for information from an applicant is submitted by the APIO/PIO either for approval or for orders or for disposal; and (iii) the Head of the public authority in case no PIO is appointed or notified; (e) "Decision" includes an order, direction or determination of an issue. (f) "First Appellate Authority" means an officer senior in rank to the PIO or an authority, so appointed or notified by the public authority under the Act and includes a head of public authority; (g) "Information Commissioner" means an Information Commissioner appointed under the Act and a "Designated Commissioner" means an Information Commissioner designated by the Chief Information Commissioner to deal with appeals or complaints assigned to him by a general or special order; (h) "Prescribed" means prescribed by or under the Act or under the Rules or Regulations; (i) "Records" mean the aggregate of papers relating to an appeal or complaint including pleadings, rejoinders, comments, proceedings, documentary or oral evidence, decision, orders and all other documents filed with or annexed to an appeal or a complaint or submitted subsequently in connection with such appeal or complaint; (j) "Registry" means the Registry of the Commission comprising the Registrar(s), Additional Registrar(s), Joint Registrar(s), Deputy Registrar(s) or Assistant Reg-istraKs). (k) "Registrar" means the Registrar of the Commission and unless the context otherwise requires includes an Additional Registrar, a Joint Registrar, a Deputy Registrar or an Assistant Registrar or such officer to whom any of the powers are assigned by Chief Information Commissioner; (l) "Regulation" means Regulation framed herein; (m) "Representative" means a person duly authorized by or on behalf of any of the parties to the proceedings or interveners and may include a Legal Practitioner; (n) "Respondent" includes an intervener or a third party or a party impleaded by the Commission; (o) "Rules" means the Rules framed by the Government of Rajasthan under Section 27 of the Act and by the competent authorities under Section 28 of the Act; (p) "Section" means section of the Act; (q) Words and expressions used herein but not defined shall have the meaning assigned to them in the Act or in the Rules. Chapter II Officers of the Commission and their functions -------------------------------------------------------------- ### 3. Appointment of Registrar. - The Commission may designate one or more of its officers in' the Commission to function as Registrar(s) of the Commission. It may also designate other officers of the Commission to act as Additional Registrar(s), Joint Registrar(s), Deputy Registrars) or Assistant Registrar) and provide other staff that may be necessary to assist the Registrars in the performance of their duties and responsibilities. ### 4. Powers and functions of the Registrar. - (i) The Registrar shall be the Chief Executive of the Commission on the judicial side. Any communication addressed to him will be deemed to be addressed to the Commission and the Commission will be represented by him in all judicial matters. (ii) The Registrar shall discharge his functions under the control and superintendence of the Chief Information Commissioner. (iii) All records of the Commission on the judicial side shall be in the custody of the Registrar. (iv) The Official Seal of the Commission shall be kept in the custody of the Registrar. (v) Subject to any general or special directions of the Chief Information Commissioner, the Official Seal of the Commission shall be affixed to any order, summons or other process under the authority of the Registrar. (vi) The Official Seal of the Commission shall not be affixed to any certified copy issued by the Commission save under the authority of the Registrar. (vii) The office of the Registrar shall receive all applications, appeals, complaints, counter statements, replies and other documents. (viii) The Registrar shall decide all questions arising out of the scrutiny of the appeals and complaints before these are registered. (ix) The Registrar may require any application, appeal, complaints, counter statement, replies presented to the Commission to be amended in accordance with these Regulations and direct any formal amendment of such records. (x) The Registrar shall fix the date of hearing of appeals, complaints or other proceedings and may prepare and notify in advance a cause list in respect of the cases listed for hearing. (xi) The Registrar will decide questions relating to extension of time in respect of filing of counter statement, reply, rejoinder, etc. (xii) The Registrar may, on payment of a fee prescribed for the purpose, grant, leave to a party to the proceedings to inspect the record of the Commission under supervision and in presence of an officer of the Commission. (xiii) Copies of documents authenticated or certified shall be provided to the parties to the proceedings only under the authority of the Registrar. (xiv) The Registrar shall communicate the decisions, orders or directions of the Commission to the concerned person(s) and all such communications signed or authenticated by the Registrar or under his authority shall be deemed to be the communication from the Commission. (xv) The Registrar shall be responsible for ensuring compliance of the orders, directions or decisions passed by the Commission and to take all necessary steps in this regard. (xvi) The Registrar shall ensure that decency, decorum and order is maintained during hearing of an appeal, complaint or any other proceedings maintained and shall take all necessary steps in this regard. (xvii) The Registrar shall exercise all such powers and discharge all such functions as are assigned to him by these Regulations or by the Chief Information Commissioner from time to time. (xviii) The Registrar shall assist all Information Commissioners in discharge of their functions. (xix) The Additional Registrar(s) shall have all the powers conferred on a Registrar and will exercise all the functions of the Registrar under his guidance. (xx) The Registrar may with the approval of the Chief Information Commissioner delegate to an Addl. Registrar, Joint Registrar, Deputy Registrar or Assistant Registrar any function required to be performed under these Regulations. Chapter III Working Hours, sittings and vacations etc. ----------------------------------------------------------- ### 5. Subject to any order by the Chief Information Commissioner, the office of the Commission will be open on all working days from 10.00 AM to 5.00 PM with a lunch break of an hour from 1.00 PM to 2.00 PM ### 6. The Commission may have summer vacation of 4 weeks between June & July and a winter vacation of two weeks between December-January, as notified by the Chief Information Commissioner. The office of the Commission will, however, remain open during vacation except on gazetted holidays. The Chief Information Commissioner may make appropriate arrangements to deal with matters of urgent nature during vacations. Chapter IV Registration, abatement or Return of Appeal ----------------------------------------------------------- ### 7. Appeal etc. to be in writing. - Every appeal, application, statement, rejoinder, reply or any other document file before the Commission shall be typed, printed or written neatly and legibly and in double line spacing and the language used therein shall be formal and Civilized and should not be in any way indecent or abusive. The appeal, complaint or an application shall be presented in at least two or more sets in paper book form as prescribed by the Commission from time to time. ### 8. Contents of memo of appeal. (1) An appeal to the Commission shall contain the following information, namely: - (i) name, address and other particulars of the appellant; (ii) brief facts leading to the appeal; (iii) if the appeal is preferred against refusal or deemed refusal of the information, the particulars of the application, including number and date and name and address of the Public Information Officer to whom the application was made and name and address of the Appellate Authority before whom the first appeal was filed: (iv) prayer or relief sought; (v) grounds for the prayer or relief; (vi) verification by the appellant; and (vii) any other information which may be deemed as necessary and helpful for the Commission to decide the appeal. ### 9. Documents to accompany appeal. - Every appeal or complaint made to the Commission shall be accompanied by self-attested copies/photo copies of the following documents, namely: - (i) The RTI application submitted before the PIO along with documentary proof as regards payment of fee under the RTI Act; (ii) The order, or decision of response, if any, from the PIO to whom the application under the RTI Act was submitted. (iii) The First appeal submitted before the First Appellate Authority with documentary proof of filing the First Appeal. (iv) The Orders or decision or response, if any from the First Appellate Authority against which the appeal is being preferred; (v) The documents relied upon and referred to in the appeal; (vi) A certificate stating the mattes under appeal have not been previously filed; (vii) An index of the documents referred to in the appeal; and (viii) A list of dates briefly indicating in chronological order the progress of the matter up to the date of filing the appeal to be placed at the top of all the documents filed. ### 10. Presentation and scrutiny of appeal. - (i) The Registrar shall receive any appeal/petition addressed to the Commission and ensure that (a) that all its contents are duly verified by the appellant as the case may be; (b) that the appeal is in accordance with the Regulations. (ii) The Registrar shall also ensure that the appeal contains copies of all required documents such as (i) RTI application; (ii) Receipt of the RTI Application; (iii) Proof in regard to payment of fee/cost, if any; (iv) Decision/reply etc. from the PIO, if any; (v) Appeal to the 1st Appellate Authority; (vi) Decision of the 1st Appellate Authority, if any; (iii) The Registrar shall scrutinize every appeal received and will ensure - (a) That the appeal petition is duly verified and required number of copies are submitted; (b) That all the documents annexed' are duly paged and attested by the appellant. (c) That the copies of the documents filed and submitted are clear, distinct and legible; (iv) That the Registrar will return any such appeal if it does not meet the requirements or conform to the standards set out above and permit its resubmission in proper form. (v) The Registrar may reject any such appeal petition - (a) if it is time barred; or (b) if it is otherwise inadmissible; or (c) if it is not in accordance with these Regulations: Provided that no such appeal petition shall be rejected by the Registry unless the concerned appellant is given an opportunity of being heard. (vi) All appeals not rejected or returned as above and found in order shall be registered and a specific number will be allocated. (vii) The Registrar or any other officer authorized by the Commission shall endorse on every appeal the date on which it is presented. (viii) The appeals shall bear separate serial numbers so that they can be easily identified under separate heads. (ix) If any appeal is found to be defective and the defect noticed is formal in nature, the Registrar may allow the appellant to rectify the same in his presence or may allow two weeks time to rectify the defect. If the appeal has been received by post and found to be defective, the Registrar may communicate the defects to the appellant and allow him two weeks time from the date of receipt of communication from the Registrar to rectify the defects. (x) If the appellant fails to rectify the defects within the time allowed in clause (ix) above, the appeal shall be deemed to have been withdrawn. (xi) An appeal which is not in order and is found to be defective or is not as per provisions is liable to be rejected: Provided that the Registrar may, at his discretion, allow an appellant to file a fresh appeal in proper form. ### 11. Filing of Counter Statement by the Public Information Officer or the First Appellate Authority. - After receipt of a copy of the appeal the Public Information Officer or the First Appellate Authority or the Public Authority shall file counter statement along with documents, if any, pertaining to the case. A copy of the counter statement (s) so filed shall be served to the appellant by the PIO, the First Appellate Authority or the Public Authority, as the case may be. ### 12. Posting of appeal before the Information Commissioner. - (i) An appeal, or a class or categories of appeals, shall be heard either by an Information Commissioner sitting in single Member Bench or a Division Bench of two Information Commissioners, or a Full Bench of three or more Information Commissioners, as decided by the Chief Information Commissioner by a special or general order issued for this purpose from time to time. (ii) Where in the course of the hearing of an appeal or other proceedings if the Commissioner (s) considers that the matter be dealt with by a larger bench he/they shall refer the matter to the Chief Information Commissioner who may thereupon constitute appropriate Bench for the hearing and disposal of the matter. ### 13. Amendment or withdrawal of an Appeal. - The Commission may in its discretion allow a prayer for any amendment or withdrawal of an appeal during the course of its hearing if such a prayer is made by the appellant on an application made in writing. However, no such prayer may be entertained by the Commission after the matter has been finally heard or a decision or order has been pronounced by the Commission. ### 14. Personal presence of the appellant. - (i) The appellant shall be informed of the fixed date of first hearing at least seven clear days before that date. (ii) The appellant may at his discretion be present in person or through his duly authorized representative at the time of hearing of the appeal by the Commission, or may opt not to be present. (iii) Where the Commission is satisfied that circumstances exist due to which the appellant is being prevented from attending the hearing of the Commission, the Commission may afford the appellant another opportunity of being heard before a final decision is taken or take any other appropriate action as it may deem fit. (iv) The appellant may seek the assistance of any person while presenting his case before the Commission. (v) If an appellant at his discretion decides not to be present either personally or through his duly authorized representative during the hearing of an appeal before the Commission, the Commission may pronounce its decision or order in the matter in his absence. ### 15. Date of hearing to be notified. - The Commission shall notify the parties the date and place of hearing of appeal in such manner as the Chief Information Commissioner may by general or special order direct. ### 16. Adjournment of Hearing. - The appellant or any of the respondents may, for just and sufficient reasons, make an application for adjournment of the hearing. The Commission may consider the said application and pass such orders as it deems fit. ### 17. Evidence before the Commission. - In deciding an appeal, the Commission may: - (i) receive oral or written evidence on oath or on affidavit from concerned person or persons; (ii) peruse or inspect documents, public records or copies thereof; (iii) inquire through authorized officer further details or facts; (iv) examine or hear in person or receive evidence on affidavit from Public Information Officer, Assistant Public Information Officer or such Senior Officer who decided the first appeal; (v) examine or hear or receive evidence on affidavit from a third party, or an intervener or any other person or persons, whose evidence is considered necessary or relevant. ### 18. Issue of summons. - Summons to the parties or to the witnesses for appearance or for production of documents or records or things shall be issued by the Registrar under the authority of the Commission, and it will be in such form as may be prescribed by the Commission. ### 19. Conduct of an enquiry. - The Commission may entrust an enquiry in connection with any appeal pending before it to the Registrar or any other officer or an outside agency for the purpose and the Registrar or such other officer while conducting the enquiry shall have all the necessary powers including power to - (i) summon and enforce attendance or persons; (ii) compel production of documents or things; (iii) administer oath and to take oral evidence or to receive affidavits or written evidence on solemn affirmation; (iv) inspect documents and require discovery of documents; and (v) requisition any public record or documents from any public authority. ### 20. Communication of decisions and Orders. - (i) Every decision or order of the Commission shall be signed and dated by the Commissioner or Commissioners who have heard the appeal or have decided the matter. (ii) Every decision/order of the Commission may either be pronounced in one of the sittings of the Commission, or may be placed on its web site, or may be communicated to the parties under authentication by the Registrar or any other officer authorized by the Commission in this regard. (iii) Every such decision or order, whenever pronounced by a Single Member Bench or by a Division Bench or by a Full Bench of three or more Information Commissioners, shall be deemed to be the decision or order by the Commission under the Act. ### 21. Finality of Decision. - 1. A decision or an order once pronounced by the Commission shall be final. ### 22. Abatement of an appeal. - The proceedings pending before the Commission shall abate on the death of the appellant. Chapter V Registration of Complaint ---------------------------------------- ### 23. Registration of complaint. - Every complaint or any other document annexed shall be typed, printed or written neatly and legibly and in double line spacing and the language used therein shall be formal and civilized and should not be any way indecent or abusive. The complaint or an application shall be presented in at least two sets or as prescribed by the Commission in a proper book form. ### 24. Contents of memo of complaint. - A complaint shall,con tain the following information, namely - (i) Name, address and other particulars of the complainant. (ii) Name and address of the (PIO) Public Information Officer or (APIO) Assistant Public Information Officer against whom the complaint is made u/S. 18 of the Act. (iii) Particulars of the decision or order (Number and Date) if any whose compliance has not been done by the PIO. (iv) Brief facts leading to the complaint. (v) If the complaint is for not providing information and even the first appeal also has been deemed refused. Details of complaint also. (vi) Whether the information was refused, incomplete, misleading or false and document thereof. (vii) Prayer or relief sought. (viii) Grounds of the prayer of relief. (ix) Verification by the complainant. (x) Any other information which may be deemed as necessary or appropriate. ### 25. Documents to accompany the complaint. - Every complaint shall be accompanied by self attested copies/photocopies or the following documents, namely; (i) RTI application submitted before PIO with proof of payment of fee prescribed under RTI Act. (ii) The order or decision or response if any from PIO to whom the application was submitted. (iii) Decision of first appeal or second appeal if any which has not been complied with. (iv) A certificate stating that the matter agitated is a subject matter of application and decision in first or second appeal. (v) Any other document relied upon. (vi) An index of documents referred to in complaint. (vii) A list of dates briefly indicating in chronological order the progress of the matter up to the date of filing of complaint. ### 26. Posting of complaint before the Information Commissioner. - (i) A complaint, or a class or categories of complaints, shall be heard either by a Information Commissioner sitting in Single Member Bench or a Division Bench of two Information Commissioners, or a Full Bench of three or more Information Commissioners, as decided by the Chief Information Commissioner by a special or general order issued for this purpose from time to time. (ii) Where in the course of the hearing of a complaint or other proceeding before an Information Commissioner sitting in Single Member Bench considers that the matter should be dealt with by a Division or Full Bench, he shall refer the matter to the Chief Information Commissioner who may thereupon constitute such a Bench for the hearing and disposal of the matter. (iii) Similarly, where during the course of the hearing of a matter before a Division Bench, the Bench considers that the matter should be dealt with by a Full Bench, or where a Full Bench, considers that a matter should be dealt with by a larger Bench, he shall refer the matter to the Chief Information Commissioner who may thereupon constitute such a Bench for the hearing and disposal of the matter. ### 27. Amendment or withdrawal of complaint. - The Commission may in its discretion allow a prayer for any amendment or withdrawal of a complaint during the course of its hearing if such a prayer is made by the complainant on an application made in writing. However, no such prayer may be entertained by the Commission after the matter has been finally heard or a decision or order has been pronounced by the Commission. ### 28. Personal presence of the complainant. - (i) The complainant shall be informed of the date of first hearing at least seven clear days before that date. (ii) The complainant, may at his discretion be present in person or through his duly authorized representative at the time of hearing of complaint by the Commission, or may opt not to be present. (iii) Where the Commission is satisfied that circumstances exist due to which the complainant is being prevented from attending the hearing of the Commission, the Commission may afford the complainant another opportunity of being heard before a final decision is taken or take any other appropriate action as it may deem fit. (iv) The complainant may seek the assistance of any pension (sic person) while presenting his case before the Commission. (v) If complainant at his discretion decides not to be present either personally or through his duly authorized representative during the hearing of complaint before the Commission, the Commission may pronounce its decision or order in his absence. ### 29. Date of hearing to be notified. - The Commission shall notify the parties the date and place of hearing of complaint in such manner as the Chief Information Commissioner may by general or special order direct. ### 30. Adjournment of hearing. - The Complaint (sic complainant) or any of the respondents may, for just and sufficient reasons, make an application for adjournment of the hearing. The Commission may consider the said application and pass such orders as it deems fit. ### 31. Evidence before the Commission. - In deciding a complaint, the Commission may: - (i) receive oral or written evidence on oath or on affidavit from concerned person or persons; (ii) peruse or inspect documents, public records or copies thereof; (iii) inquire through authorized officer further details or facts; (iv) examine or hear in or receive evidence on affidavit from Public Information Officer, Assistant Public Information Officer or such Senior Officer who decided the first appeal or such person, persons against whom the complaint is made as the case may be; or (v) examine or hear or receive evidence on affidavit from a third party, or an intervener or any other person or persons, whose evidence is considered necessary or relevant. ### 32. Issue of summons. - Summons to the parties or to the witnesses for appreciation or for production of documents or records or things shall be issued by the Registrar under the authority of the Commission, and it will be in such form as may be prescribed by the Commission. ### 33. Conduct of an enquiry. - The Commission may entrust an enquiry in connection with any complaint pending before it to the Registrar or any other officer or any outside agency for the purpose and the Registrar or such other officer while conducting the enquiry shall have all the necessary powers including power to - (i) summon and enforce attendance of persons; (ii) compel production of documents or things; (iii) administer oath and to take oral evidence or to receive affidavits or written evidence on solemn affirmation; (iv) inspect documents and require discovery of documents; and (v) requisition any public record or documents from any public authority. ### 34. Communication of decisions and orders. - (i) Every decision or order of the Commission shall be singed and dated by the Commissioner who has heard the complaint or have decided the matter. (ii) Every decision/order of the Commission may either be pronounced in one of the sittings of the Commission, or may be placed on its web site, or may be communicated to the parties under authentication by the Registrar or any other officer authorized by the Commission in this regard. (iii) Every such decision or order, whenever pronounced by a Single Member Bench or by a Division Bench or by a Full Bench of three or more Information Commissioners, shall be deemed to be the decision or order by the Commissioner under the Act. ### 35. Finality of decision. (1) A decision or an order once pronounced by the Commission shall be final. ### 36. Abatement of a complaint. - The proceedings pending before the Commission shall abate on the death of the complaint (sic complainant). Chapter VI Miscellaneous ----------------------------- ### 37. Seal and Emblem. - The Official Seal and Emblem of the Commission shall be such as the Commission may specify. ### 38. Language of the Commission. - (i) An appeal or a complaint may be filed in English or in Hindi and all the documents or copies thereof shall also be filed in English or in Hindi. Where a document, in original, is a language other than English or Hindi, a certified authenticated copy of its translated version in English or in Hindi shall also filed along with the original. This shall also apply in the case of a counter statement, rejoinder, reply or any other document or documents filed before the Commission. (ii) The proceedings of the Commission shall be conducted in English or Hindi.

65bada81ab84c7eca86ec9aa

acts

State of Jharkhand - Act -------------------------- Jharkhand Child Development Non-Gazetted Personnel Recruitment and Service Conditions Rules, 2006 --------------------------------------------------------------------------------------------------- JHARKHAND India Jharkhand Child Development Non-Gazetted Personnel Recruitment and Service Conditions Rules, 2006 =================================================================================================== Rule JHARKHAND-CHILD-DEVELOPMENT-NON-GAZETTED-PERSONNEL-RECRUITMENT-AND-SERVICE-CONDITIONS-RULES-2006 of 2006 --------------------------------------------------------------------------------------------------------------- * Published on 22 May 2006 * Commenced on 22 May 2006 Jharkhand Child Development Non-Gazetted Personnel Recruitment and Service Conditions Rules, 2006 Published vide Notification No. 03/S.W./ESTA-178/2003-493 the 22nd May, 2006 Published in Jharkhand Gazette (extra-ordinary) dated 25.5.2006 No. 03/S.W./ESTA-178/2003-493 the 22nd May, 2006 [Published in Jharkhand Gazette (extra-ordinary) dated 25.5.2006]. - In exercise of the power conferred upon under Article 309 of the Constitution of India and in supersession of all relevant extant rules and orders, the Governor of Jharkhand hereby frames the following Rules to regulate the recruitment, service, promotion and service conditions of the Non-Gazetted personnel of the Jharkhand Child Development Service Scheme:- Part-I General ### 1. Short title and commencement. - These Rules will be called Jharkhand Child Development Non-Gazetted Personnel Recruitment, Promotion and Service Conditions Rules, 2006. These Rules shall come into force from immediate effect. ### 2. Extent of the service. - The Jharkhand Child Development Non-Gazetted Personnel Service shall consist of Class-II, III and IV posts of Statistical Officer, Statistical Assistant, Lady Supervisor, Office Superintendent, Accountant, Clerk (Upper Division and Lower Division), Jeep Driver and Peon. ### 3. Definitions. - Notwithstanding any reference to the contrary, in the context of these Rules:- (a) "Appointing authority" means Divisional Commissioner in the case of the Lady Supervisor, Statistical Assistant, Clerk (Lower Division) and Peon. (b) "Citizen of India" means a person who is or is held to be as a citizen of India under Part-II of the Constitution of India. (c) "Constitution" means the Constitution of India. (d) "Service" means the Jharkhand Child Development Non-Gazetted Personnel Service. (e) "Commission" means the Jharkhand Public Service Commission. (f) "Divisional Commissioner" means the Commissioner of a Division. (g) "Government" means the State Government of Jharkhand. (h) "Governor" means the Governor of Jharkhand. (i) "Secretary" means the Secretary of Department of Social Welfare, Women and Child Development. (j) "Director" means Director, Social Welfare; Jharkhand. (k) "Project" means the Child Development Project. (I) "Year of Recruitment" means the period of 12 month's time starting from the 1st January of a calendar year. Part-II Cadre ### 4. Source of Recruitment and Status of Posts. (a) Statistical Officer. - This post shall be filled up cent percent by promotion of Statistical Assistants, Statistical Assistants who have completed satisfactory service of at least 10 years shall be eligible for such promotion. This post shall be in the Social Welfare Directorate and the District Level Cells. The cadre of this post shall be a State Cadre. (b) Statistical Assistant. - This post shall be filled cent percent by direct recruitment. Graduates with Mathematics or Statistics as one of the subjects shall be eligible for such appointment. This post shall be in the District Level Cells and Project Offices. The cadre of this post shall be a Divisional Cadre. (c) Lady Supervisor. - Seventy-five percent of this post shall be filled by direct recruitment. Women Graduates with Sociology or Psychology or Home Science or Child Development as one of the subjects shall be eligible for such recruitment. Rest 25% posts shall be filled by such Anganwadi Sevikas, who are either Graduates with 10 years' satisfactory service, or Matric passed with 15 years' satisfactory service. This post shall be in Child Development Projects. The cadre of this post shall be a Divisional Cadre. (d) Office Superintendent. - This post shall be filled cent percent by promotion from Accountants. Accountants having completed at least 10 years' satisfactory service shall be eligible for such promotion. This post shall be in the District Level Cells. The cadre of this post shall be a Divisional Cadre. (e) Clerk. - (i) Lower Division Clerk. - Fifty percent of this post shall be filled by direct recruitment and the rest 50% by promotion from amongst matriculate Class IV personnel having completed at least 10 years' satisfactory service and possessing the knowledge of typing. For direct recruitment, matriculation with knowledge of typing shall be compulsory. This post shall be in the District Level Cells and the Child Development Projects. The cadre of this post shall be a Divisional Cadre. (ii) Upper Division Clerk. - This post shall be filled cent percent by promotion from Lower Division Clerk. Such Lower Division Clerks as have completed at least 5 years' satisfactory service shall be eligible for such promotion. This post shall be in the District Level Cells and the Projects. The cadre of this post shall be a Divisional Cadre. (f) Accountant. - This post shall be filled cent percent by promotion from amongst Upper Division Clerks. Such Upper Division Clerks as have completed satisfactory service of at least 10 years shall be eligible for such promotion.This post shall be in the District Level Cells. The cadre of this shall be a Divisional Cadre. (g) Jeep Driver. - This post shall be in the Child Development Project and District Programme Offices. As the Government of India has abolished this post, there will be no fresh recruitment in the post and the same shall die out with the retirement/demise of the present incumbents.The cadre of this post shall be a Divisional Cadre. (h) Peon. - This post shall be filled cent percent by direct recruitment. The cadre of this post shall be a Divisional Cadre. ### 5. Procedure of Recruitment. - Recruitment to Class III posts meant for direct recruitment shall be made through the Commission. Recruitment to the direct recruitment posts of Class IV shall be made by the Divisional Commissioner concerned. ### 6. Reservation. - Reservation to Scheduled Castes, Scheduled Tribes and Other Backward Classes shall be given as per the Government rules in this regard extant at the time of the recruitment. ### 7. Age. - The candidate for direct recruitment shall have to fulfil the condition of the prescribed maximum and minimum age limit on the last date of filing application in the calendar year in which the appointing authority publishes the vacancies for direct recruitment. The maximum and minimum age limits shall be as prescribed by the State Government for various categories. An additional relaxation of 5 years shall be provided in the case of Anganwadi Sevika for appointment to the post of Lady Supervisor. ### 8. Disqualifications. - The character of an applicant for direct recruitment to any post of the Service must be suitable for appointment to Government service and in conformity with the rules laid down in the Government service code rules. Eligibility for appointment to a post shall be governed by the statement/documents/ application produced at the time of appointment and discrepancy/misrepresentation discovered in future in these statements/documents/applications shall render the appointment ab initio void. ### 9. Supervision. - All extant rules laid down by the Government with regard to supervision shall be applicable. ### 10. Confirmation. - Confirmation shall be subject to extant Government rules in this regard. ### 11. Seniority. - Seniority of persons appointed substantively in a post of any class shall be governed by the Government rules prescribed in the matter from time to time. ### 12. Regulation regarding other subjects. - The rules, regulation and order of the State Government shall govern all matters related to the service of the persons appointed in the Service. ### 13. Service Conditions. - The service conditions in respect of these posts shall be as prescribed by the State Government for equivalent posts. ### 14. Scope and Limitation. - Nothing in these Rules shall foreclose reservation or other concessions required to be provided for the Scheduled Castes, Scheduled Tribes and Other Classes in accordance with the orders issued in this respect by the Government from time to time. ### 15. Departmental Examination. - The rules and regulations regarding departmental examination prescribed by the Government in respect of Government servants shall apply in the case of the officials of the Service. Annexures. - Annexure I contains the names of the Service's posts, their grades and pay-scale as extant on the date on which notification shall be effective. Miscellaneous | | | | | --- | --- | --- | | 1. Pay Scale- | - | | | 1. Peon | - | 2550-55-2660-60-3200 | | 2. Jeep Driver | - | 3050-75-3950-80-4590 | | 3. Clerk | | | | (i) Lower Division Clerk | - | 3050-75-3950-80-4590 | | (ii) Upper Division Clerk | - | 4000-100-6000 | | 4. Accountant | - | 4500-125-7000 | | 5. Office Superintendent | - | 5500-175-9000 | | 6. Statistical Assistant | - | 5000-150-8000 | | 7. Statistical Officer | - | 6500-200-10500 | | 8. Lady Supervisor | - | 5000-150-8000 | ### 2. Leave. - Casual leave in respect of all the personnel of the service shall be granted by the Child Development Project Officer/District Programme Officer concerned. These officers shall also sanction earned leave/maternity leave or other leave upto 90 days in the case of all officials except the Statistical Officers mentioned at SI. - 7. Earned leave or other leave above 90 days shall be granted by Dy. Director, Social Welfare. Earned Leave/Maternity leave and other leaves in respect of Statistical Officer mentioned at SI. 7 shall be granted by Secretary, Department of Social Welfare, Women & Child Development. Annexure-I | | | | | | --- | --- | --- | --- | | SI. | Name of the Post | Grade | Pay Scale | | 1 | Statistical Officer | II | 6500-10500 | | 2 | Statistical Assistant | III | 5000-8000 | | 3 | Lady Supervisor | III | 5000-8000 | | 4 | Office Superintendent | III | 5500-9000 | | 5 | Accountant | III | 4500-7000 | | 6 | Clerk- | | | | | (i) Lower Division | III | 3050-4590 | | | (ii) Upper Division | III | 4000-6000 | | 7 | Jeep Driver | III | 3050-4590 | | 8 | Peon | IV | 2550-3200 |

65b93cf0ab84c7eca86e8b19

acts

State of Odisha - Act ----------------------- The Orissa Subordinate Fisheries Service Rules, 1994 ------------------------------------------------------ ODISHA India The Orissa Subordinate Fisheries Service Rules, 1994 ====================================================== Rule THE-ORISSA-SUBORDINATE-FISHERIES-SERVICE-RULES-1994 of 1994 ------------------------------------------------------------------ * Published on 21 July 1995 * Commenced on 21 July 1995 The Orissa Subordinate Fisheries Service Rules, 1994 Published vide Notification Orissa Gazette Part-3-A/21.7.1995-Notification 10780-F.A.R.D./13.7.1995 No. 10780-F.A.R.D. - In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Orissa is pleased to make the following rules to regulate the method of recruitment and conditions of service of the persons appointed to the posts of Fisheries Subordinate Services, namely: Part-I Preliminary ### 1. Short title and commencement. (1) These rules may be called the Orissa Subordinate Fisheries Service Rules, 1994. (2) They shall come into force on the date of their publication in the Orissa Gazette. ### 2. Definitions. (1) In these rules, unless the context otherwise requires- (a) "Appointing authority" means the Director of Fisheries; (b) "Commission" means the Subordinate Staff Selection Commission constituted under Rule 3 of the Orissa Subordinate Staff Selection Commission Rules, 1993; (c) "Committee" means the Departmental Promotion Committee constituted under the rules; (d) "Demonstrator" means the Fisheries Demonstrator; (e) "Deputy Superintendent" means Deputy Superintendent of Fisheries; (f) "Director" means Director of Fisheries; (g) "Examination" means the competitive examination; (h) "Government" means the Government of Orissa (in Fisheries and Animal Resources Development Department); (i) "Extension Officer" means Fishery Extension Officer and includes Inspector of Fisheries and laboratory Assistant; (j) "Service" means the Orissa Subordinate Fisheries' Service; (k) "Supervisor" means the Supervisor of Fisheries and includes Master-Fishermen; (l) "Schedule Castes and Scheduled Tribes" means such Castes and Tribes as notified by the President of India under Articles 341 and 342 of the Constitution of India. (m) "Vacancy" means the vacancy/vacancies which occur and are likely to occur during the calendar year due to retirement/promotion/post creation/leave reserve post/training reserve post; (n) "Year" means a calendar year. Part-II Cadre of Service ### 3. Composition of Service. (1) The Service shall consist of the following grade of posts belonging to the categories specified against each of them- | | | | | | --- | --- | --- | --- | | (a) | Junior Fishery Officer | ... | Category I | | (b) | Deputy Superintendent of Fisheries | ... | Category II | | (c) | Fishery Extension Officer | ... | Category III | | (d) | Supervisor of Fisheries | ... | Category IV | | (e) | Demonstrator of Fisheries | ... | Category V | (2) Each category of post shall constitute a separate grade and number of posts in each grade and the scale of pay thereof shall be such as be decided by Government from time to time. ### 4. Method of recruitment. - Recruitment to the posts in different grade of service shall be made by the following methods, namely : (a) In respect of posts Junior Fishery Officer, fifty percent of the vacancies shall be filled up by direct recruitment in accordance with Rules 5 and 6 and remaining fifty per cent of the vacancies shall be filled up by promotion in accordance with Clause (a) of Sub-rule (1) of Rule 10; (b) In respect of Deputy Superintendent of Fisheries, the vacancies shall be filled up by promotion in accordance with Clause (b) of Sub-rule (1) of Rule 10; (c) In respect of Fishery Extension Officer fifty per cent of the vacancies shall be filled up by direct recruitment in accordance with Rule 5 and 6 and remaining fifty per cent of the vacancies shall be filled up by promotion in accordance with Clause (c) of Sub-rule (1) of Rule 10; (d) In respect of post of Supervisor the vacancies shall be filled up by promotion in accordance with Clause (d) of Sub-rule (1) of Rule 10; (e) In respect of Fishery Demonstrator, the vacancies shall be filled up by the direct recruitment in accordance with Rules 5 and 6. Part-III Direct recruitment ### 5. Conditions of eligibility for direct recruitment. (1) In order to be eligible for appointment to posts in different grades of the service by direct recruitment, a candidate must fulfil the following conditions, namely; (a) He/She must be a citizen of India; (b) He/She must not be below 18 years and above 32 years of age on the 1st day of January of the year in which the applications are invited; (or as the Government may determine from time to time); Provided that maximum age-limit shall be relaxable by five years in case of candidates belonging to Scheduled Castes and Scheduled Tribes and such number of years in respect of other categories of candidates as may be decided by the Government; (c) He/She must have obtained the following qualifications, namely; (i) For the post of Junior Fishery Officer, the candidate must have obtained minimum a Bachelor's Degree in Fishery Science (B.F. Sc.) from a recognised University in India or abroad; (ii) For the post of Fishery Extension Officer the candidate must have obtained minimum a Bachelor's Degree in, Fishery Science (B.F. Sc.) from a recognised University in India or abroad; (iii) For the post of Demonstrator, the candidate must have passed High School Certificate Examination from a recognised University, or Board-of Secondary Education and must know swimming well; (iv) No weightage shall be given to any higher qualification or extra qualification other than the prescribed qualification; (d) He/She must be of good character and shall furnish along with the application a certificate of good character from the head of the Institution in which he/she last studied; (e) He/She must be of sound health, good physique, active habits and free from any organic defects, physical and mental infirmity; (f) He/She must not be having more than one spouse living; (g) He/She must be able to speak, read and write Oriya and must have passed the High School Certificate Examination with Oriya as a principal subject or passed Oriya language test equivalent to M.E. standard conducted by the Education Department of the Government of Orissa; (h) He/She must fulfil all other conditions, if any, fixed by the Commission other than the conditions prescribed under rule. (2) The candidate shall furnish with his/her application, copies of following documents attested by Gazetted Officer namely; (a) Certificate of Bachelor's Degree, or Certificate of High School Certificate Examination, as the case may be; (b) Mark sheets of all the University and Board Examinations as the case may be; (c) Certificate of character from the head of the Institution in which the candidate last studied; (d) Caste certificate granted by a competent authority (in case of candidates belonging to Scheduled Caste and Scheduled Tribe). (3) A person already in service of the Government shall be eligible to apply for the post meant for direct recruitment subject to his being within the prescribed age-limit qualification and further subject to his application being received through proper channel within such time as may be determined by Commission : Provided that the Commission may entertain an advance copy of the application on the condition that the original copies together with no-objection certificate from competent authority are received within such time as may be fixed by the Commission. (4) (a) No application shall be considered unless it is accompanied by a Treasury Challan showing payment into a Government Treasury an amount as may be determined by the government from time to time by an order notified in the Officer Gazette as fees for application and examination under the appropriate head of account. (b) No claim for refund of fee shall be entertained in any case. (c) Candidates belonging to Scheduled Castes and Scheduled Tribes are exempted from payment of such fees. ### 6. Procedure for direct recruitment. (1) The Director of Fisheries shall, every year in the month of January, intimate the Commission indicating the number of vacancies in each grade separately including those anticipated in course of the year as in the Form 'A' prescribed in Orissa Subordinate Staff Selection Commission Rules, 1993. (2) On receipt of the vacancy position under Sub-rule (1), the Secretary to Commission in consultation with the Chairman shall issue advertisement in the leading local newspapers inviting applications from eligible candidates for appearing in the competitive recruitment examination. (3) The date, time and place of examination shall be intimated to each eligible candidate by the Secretary to Commission. (4) The decision of the Commission as to the eligibility of otherwise of a candidate for admission to the examination shall be final. (5) The Commission shall conduct the examination as per the subject and syllabus specified in the Appendix 'A' appended to the rules. ### 7. Select list and its validity. (1) The Commission shall prepare the select list of the successful candidates in order of merit on the basis of recruitment examination which shall be equal to the number for vacancies for which requisitions are given to the Commission and forward the list to the appointing authority. (2) The appointing authority shall publish the select list in such manner as may be determined by him. (3) The select list for each recruitment examination shall be valid for one year from the date of its publication. ### 8. Inclusion of name confers no right for appointment. - Inclusion of name of a candidate in the merit list shall confer no right to appointment. ### 9. (1) Appointment to the post in a particular grade of the service from the select list shall be made by the Director of Fisheries in order of merit as assigned in the select list. (2) Failure of a candidate to join the post by the specified date in absence of extension of date by the appointing authority shall amount to forfeiture of his claim for such appointment. Part-IV Recruitment by promotion ### 10. Promotion. (1) Promotion to higher posts in different grades of the service as provided in Rule 4 shall be made in accordance with the provisions of the Orissa Civil Services (Criteria for Promotion) Rules, 1992 in the following manner, namely : (a) (i) Promotion to the post of Junior Fishery Officer shall be made from amongst the Deputy Superintendent of Fisheries on the basis of the selection made by the Departmental Promotion Committee constituted under Sub-rule (1) of Rule 11. (ii) The Deputy Superintendent of Fisheries who have rendered a minimum of three years of continuous service as such on the 1st day of January of the year in which the D.P.C. meets shall be considered for promotion to the post of Junior Fishery Officer. (b) (i) Promotion to the rank of Deputy Superintendent of Fisheries shall be made from amongst the Fishery Extension Officers on the basis of selection made by the Departmental Promotion Committee constituted under Sub-rule (2) of Rule 11. (ii) The Fishery Extension Officer who has rendered a minimum of three years of continuous service as such on the 1st day of January of the year in which the D.P.C. meets shall be considered fro promotion to the post of Deputy Superintendent of Fisheries. (c) (i) Promotion to the rank of Fishery Extension Officer excluding that of Laboratory Assistant shall be made from amongst the Supervisors on the basis of the selection made by the departmental Promotion Committee constituted under Sub-rule (2) of Rule 11. (ii) Supervisor of Fisheries who have rendered a minimum of three years of continuous service as such on the 1st day of January of the year in which the D.P.C. meets shall be considered for promotion to the post of Fishery Extension Officer. (d) (i) Promotion to the post of Supervisors shall be made from amongst the Demonstrators on the basis of the Selection made by the Departmental Promotion Committee constituted under Sub-rule (2) of Rule 11. (ii) Demonstrator of Fisheries who has rendered a minimum of five years of continuous service as such on the 1st day of January of the year in which the D.P.C. meets shall be considered for promotion to the post of Supervisor. (2) No officer shall ordinarily be eligible for promotion unless he has passed such departmental examinations/tests as may be prescribed from time to time. (3) The Departmental Promotion Committee shall meet as and when necessary. Part-V Formation of Departmental Promotion Committee ### 11. Departmental Promotion Committee. (1) The Departmental Promotion Committee to consider the promotion of eligible officers to the post oi Junior Fishery Officer shall consist the following, namely : | | | | | --- | --- | --- | | (i) | Director of Fisheries | Chairman | | (ii) | Deputy Secretary/Joint Secretary, Fisheries and Animal Resources Development Departments | Member | | (iii) | Additional Director of Fisheries | Do | | (iv) | Director or his representative from Central Institute of Fresh Water Aquiculture, Kausalyaganga | Do | | (v) | Establishment Officer, Directorate of Fisheries | Member-Secretary. | (2) The Departmental Promotion Committee consider the eligible officers for promotion to post in different grades of the Service shall consist the following namely : | | | | | --- | --- | --- | | (i) | Director of Fisheries | Chairman | | (ii) | Additional Director of Fisheries | Member | | (iii) | Senior-most Director of Fisheries (Zone) | Do | | (iv) | Establishment Officer of the Directorate of Fisheries | Member-Secretary | (3) The D.P.C. shall consider the suitability of eligible officers for promotion to different higher grades and accordingly prepare separate lists of such officer found suitable. (4) The list prepared by the Committee shall be valid and can be acted upon notwithstanding the absence of any of its members : Provided that the member so absenting was duly invited to attend the meeting and the majority of the members of the Committee were present at such meeting. (5) The list prepared by the Committee shall form the select list for promotion upon publication for general information and the said list shall remain valid for the period of one year from the date of its publication. (6) While considering the promotion cases of eligible officers the D.P.C. shall follow the procedure as laid down in the Orissa Civil Service (Zone of Consideration for Promotion) Rules, 1988 and the Orissa Civil Service (Criteria for Promotion) Rules, 1992. Part-VI Probation and confirmation in service and miscellaneous matters ### 12. Probation. (1) Every officer on appointment to a post in particular grade of the Service in substantive/permanent vacancy (other than in an officiating or temporary capacity shall be on probation. The period of probation shall be two years in case of direct recruitment and one year in case of officers appointed on promotion. (2) The period of probation in each case shall count from the date on which the officer joins his appointment. (3) The Director in any special case with reasons to be recorded extend the period of probation by such further period as he may deem fit. (4) The Director may terminate the service of an officer appointed on probation or revert him to his substantive appointment if during or at the end of his probation the officer has failed to give satisfactory result or it found to be otherwise unfit for permanent appointment to the service. ### 13. Confirmation. - An officer appointed on probation shall be confirmed in a substantive vacancy if he has completed the probationary period satisfactorily and if he is otherwise considered fit for confirmation by the appointing authority. ### 14. Seniority. (1) The seniority of officers appointed to a particular grade of the Service in a particular year shall be determined with reference to their relative position in the respective select list. (2) When officers are recruited by promotion and by direct recruitment during a particular year, the promoted officers shall en block be considered senior to the officers directly recruited in that year irrespective of their date of appointment. (3) Person appointed to the service under the Orissa Civil Service (Rehabilitation Assistance) Rules. 1990 shall rank below the direct recruits appointed in that year. ### 15. Departmental examination and training. - Members of the Service shall be required to undergo such training and/or pass such test/departmental examination as may be directed by the Government from time to time : Provided that Government may by general or special order exempt any category of members of the service from the requirement of passing the departmental examination or from undergoing training. ### 16. Crossing of efficiency bar. - An officer shall be allowed to across efficiency bar in his scale of pay if his work is considered satisfactory by the appointing authority subject to passing of the departmental examination and/or training, if any. ### 17. Deputation. - A member of the service may be deputed to serve under other services, under-taking or institution including foreign bodies, as the case may be, on such terms and conditions as may be decided by Government from time to time. ### 18. Reservation. (1) Notwithstanding anything contained in these rules, vacancies shall be reserved for direct recruitment and promotion in favour of the candidates belonging to Scheduled Castes and Scheduled Tribes and shall be filled up according to the provisions contained in the Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 and the rules framed there under. (2) Vacancies shall be reserved for direct recruitment in favour of the candidates belonging to other categories as may be decided by Government from time to time. ### 19. Gradation. - There shall be maintained a gradation list of the persons appointed to the service separately for eacH cadre ### 20. Relaxation. - When Government are of opinion that it is necessary or expedient to do so in the public interest they may by order for reasons to be recorded in writing relax any of the provisions of these rules in respect of any class or category of employees in the interest of public service. ### 21. Repeal and savings. (1) The Orissa Subordinate Fisheries Service Rules, 1975 are hereby repealed. (2) Notwithstanding such repeal, any order or action taken under the rules so repealed shall be deemed to have been made or taken under the corresponding provisions under these rules. ### 22. Interpretation. - If any question arises relating to the interpretation of these rules, it shall be referred to Government in Fisheries and Animal Resources Development Department for decision. Appendix-A [See Rule 6 (5) ] Syllabus Junior Fishery Officer ### 1. Aquaculture ### 2. Fishery Biology ### 3. Fishery Hydrography ### 4. Fishery Bio-chemistry ### 5. Fishery Microbiology ### 6. Fishery Economics, Management and Statistics ### 7. Fishery Extension ### 8. Fish Processing ### 9. Fishery Engineering ### 10. Fishery Projects (Formulation) ### 11. V.V. Test Fishery Extension Officer ### 1. Aquaculture ### 2. Fishery Biology ### 3. Fishery Hydrography ### 4. Fishery Economics, Management, Statistics ### 5. Fishery Extension ### 6. Fish Processing ### 7. Formulation of Simple Projects ### 8. V.V Test Fishery Demonstration ### 1. General Science and General Knowledge in Oriya Language ### 2. Physical Test (Swimming) ### 3. V.V. Tes t

65ba6876ab84c7eca86eb2c5

acts

State of Tamilnadu- Act ------------------------- Tamil Nadu Electricity Regulatory Commission Tamil Nadu Electricity Distribution Code --------------------------------------------------------------------------------------- TAMILNADU India Tamil Nadu Electricity Regulatory Commission Tamil Nadu Electricity Distribution Code ======================================================================================= Rule TAMIL-NADU-ELECTRICITY-REGULATORY-COMMISSION-TAMIL-NADU-ELECTRICITY-DISTRIBUTION-CODE of 2004 ---------------------------------------------------------------------------------------------------- * Published on 21 July 2004 * Commenced on 21 July 2004 Tamil Nadu Electricity Regulatory Commission Tamil Nadu Electricity Distribution Code Published vide Notification No. TNERC/DC/8/1 dated 21.7.2004 Whereas under section 86 of the Electricity Act, 2003 (Central Act 36 of 2003), the State Electricity Regulatory Commission shall, among others, specify or enforce standards with respect to quality, continuity and reliability of service by licensees; And Whereas section 46 of the said Act, the State Electricity Regulatory Commission may, by regulations, authorize a distribution licensee to charge from a person requiring a supply of electricity any expenses reasonably incurred in providing any electric line or electrical plant used for the purpose of giving that supply; Now, Therefore under the powers conferred by the said sections and all other powers enabling in that behalf and after previous publication, the Tamil Nadu Electricity Regulatory Commission hereby specifies the following Code. Chapter 1 Preliminary -------------------------- ### 1. Short title and commencement. (1) This Code may be called "Tamil Nadu Electricity Distribution Code" ### 2. The provisions of this Code shall come into effect on the [date of its publication in the Tamil Nadu Government Gazette] [Tamil Nadu Electricity Distribution Code has come into force from 1st September 2004.] ### 2. Definitions. (1) In this Code, unless the context otherwise requires: (a) "Act" means The Electricity Act, 2003 (Central Act 36 of 2003); (b) "Agreement" means with its grammatical variations and cognate expressions an agreement entered into by the Licensee and the consumer; (c) "Apparatus" means electrical apparatus and includes all machines, fittings, accessories and appliances in which conductors are used; Tamil Nadu Electricity Distribution Code (d) "Area of supply" means the area within which a Licensee is for the time being authorized by his/her licence to supply electrical energy; (e) "Code" means the Tamil Nadu Electricity Distribution Code; (f) "Commission" means the Tamil Nadu Electricity Regulatory Commission; (g) "Conductor" means any wire, cable, bar, tube, rail or plate used for conducting energy and so arranged as to be electrically connected to a system; (h) "Connected Load' means the aggregate of the manufacturer's rating of all equipments connected to the consumer's installation and of all portable equipments and also the capacity of the power source required to test manufactured products and repaired equipment in the installation; Explanation. - Where the rating is in terms of KVA, it shall be converted to KW by multiplying it by a power factor of 0.9 and where the rating is in terms of HP, it shall be converted to KW by multiplying it by a factor of 0.746. (i) "Connection Point" means the point at which the Consumer's plant or apparatus is connected to the Licensee's supply system. (j) "Contracted Load" means the load specified in the agreement between the consumer and the Licensee engaged in the business of supplying electricity to him. (k) "Consumer's installation" means any composite electrical unit including the electric wires, fittings, motors and equipments erected and wired by or on behalf of the consumer in one and the same premises. (l) "Consumer's premises" means the area served by a service connection; (m) "Control Person" means a person identified as having responsibility for cross boundary safety; (n) Demand a. "Average Demand" for the month means the ratio of the total kilowatt-hours consumed in the month to the total hours in the month. b. "Maximum Demand" in a month means the highest value of the average Kilovolt- amperes in case of HT services and KW in case of LT services, delivered at the point of supply of the consumer during any consecutive thirty / fifteen minutes in a month depending on the nature of load. c. "Permitted Demand," means the demand permitted by the Licensee taking into account the constraints in the transmission and distribution network. d. "Sanctioned Demand" or "Contracted Demand" means the demand sanctioned by the Licensee and specified in the agreement. (o) "Designated Authority of the Licensee" means an authority who has been notified as such by the Licensee in the manner prescribed by the Commission to exercise powers under specific provisions of this Code; (p) "Emergency" means a situation arising out of threat to security of State, public order or a natural calamity or such other situation arising in the public interest which is likely to disrupt supply of electricity: (q) ["Engineer" means an engineer, by whatever name designated, employed by the distribution licensee and is in charge of the local area of supply and includes any other person duly authorized by him or his superiors, to exercise any power of an engineer under this Code.] [[Substituted as per Commission's Notification No.TNERC/DC/8-8 dated,8.2.2008 (w.e.f. 27.2.2008). Before substitution it stood as under: 'Engineer' means an engineer, by whatever name designated, employed by the Licensee possessing such qualifications as are approved by the Commission and is in charge of the local area of supply and includes any other person duly authorized by him or his superiors, to exercise any power of an engineer under this Code']] (r) "Extra High Tension (EHT) consumer" means a consumer who obtains supply from the Licensee at Extra High Voltage. (s) "High Tension (HT) consumer" means a consumer who obtains supply from the Licensee at High Voltage. (t) "Low Tension (LT) consumer" means a consumer who obtains supply from the Licensee at Low or Medium Voltage: (u) "Load" means connected load or contracted load, as the case may be; (v) "Load Factor" means the ratio of the Average Demand for the month in terms of Kilowatts to the Maximum Demand for the month in terms of Kilowatts. The 'Load Factor' shall be calculated to three decimal places and rounded off to two decimal places, (w) "Month" unless the context otherwise requires, shall mean a month reckoned according to the British Calendar. With reference to billing and payment, it shall mean the period between the date of meter reading in a particular month and the corresponding date of meter reading of the immediately succeeding or preceding month, as the context requires. (x) "Occupier" means the person in occupation (whether as owner or otherwise) of the premises where electricity is used or intended to be used. (y) "Operational boundary" means the boundary between the equipment and apparatus operated by the Licensee and those operated by the Consumer. (z) "Power Factor" means the ratio of the real power to the apparent power and average power factor means the ratio of the Kilowatt-hours to the Kilovolt-ampere-hours consumed during the billing month. (aa) "SSLDC" means State's Sub Load Dispatch Center for local control at various places in Tamil Nadu. (bb) "SLDC" means State Load Dispatch Center at Chennai (cc) "Voltage" • "Low Voltage" where the voltage does not exceed 250 volts under normal conditions. • "Medium Voltage" where the voltage is higher than 250 volts and does not exceed 650 volts under normal conditions • "High Voltage" where the voltage is more than 650 volts and does not exceed 33,000 volts under normal conditions • "Extra High Voltage" where the voltage exceeds 33,000 volts under normal conditions (dd) "Year" means a year commencing on the first day of April. Words and expressions used in this Code but not defined either in this Code or the Act or the General Clauses Act 1897(Central Act 10 of 1897) shall have the same meanings as understood in engineering and commercial circles. Chapter 2 Entities Pertaining to Distribution -------------------------------------------------- ### 3. Entities involved in distribution and their respective roles. - The following are the entities involved in the distribution of electricity and their respective roles, (1) State Load Dispatch Center (SLDC): It is the apex body to ensure integrated operation of the power system in the State. Its functions as assigned to it under the Act area. (a) be responsible for optimum scheduling and despatch of electricity within the State, in accordance with the contracts entered into with the Licensees or the Generating Companies operating in the state; (b) monitor grid operations; (c) keep accounts of the quantity of electricity transmitted through the State Grid. (d) exercise supervision and control over the intra-State transmission system and (e) be responsible for carrying out real time operations for grid control and despatch of electricity within the State through secure and economic operation of the State Grid in accordance with the grid standards and Tamil Nadu Electricity Grid Code (TNEGC) It is vested with the power to levy and collect such fees and charges from the Generating Companies and Licensees engaged in intra-state transmission of electricity, which may be specified by the Commission. In addition to the above, it shall also keep accounts of the consumers / licensees / persons engaged in generation and traders involved in open access transactions. (2) State Sub Load Dispatch Center (SSLDC): It is a body sub ordinate to SLDC to perform, under the supervision, control and direction of the State Load Despatch Center, its functions in any specified area in the State. It shall also collect necessary data relevant to the SLDC, make operational analysis and report to SLDC. (3) State Transmission Utility (STU): Its functions are to - (a) undertake transmission of energy through intra-State transmission system (ISTS); (b) discharge all functions of planning and coordination of ISTS taking into account the national power plans and guide lines issued by Central Electricity Authority (CEA), in coordination with all the concerned organizations; (c) ensure development of an efficient coordinated economical system of intra state transmission lines for smooth flow of electricity from Generating sources to Load Centers; (d) provide non-discriminatory open access to its Transmission systems for use by (i) any Licensee or generating company on payment of the transmission charges; or (ii) any consumer as and when such open access is introduced by the Commission under sub-section 2 of section 42 of the Act on payment of the transmission charges and a surcharge thereon as may be specified by the Commission. (e) implement the Code with respect to the Distribution Licensees and oversee for prudent practices and grid discipline; (f) facilitate review and recommend amendments to the Code to Commission without prejudice to the provisions in clause 51 of this code; (g) recommend for issue of distribution licenses; (h) supervise, direct and control the works of construction, operation and maintenance of any ISTS and; (i) take measures for resolution of issues arising due to non-compliance of operational / commercial provisions of the Code by the respective entities. (4) Distribution Licensees: The duties of the Distribution Licensee are: (i) to develop and maintain an efficient coordinated and economical distribution system in his/her area of supply and to supply electricity in accordance with the provisions contained in the Act. (ii) to implement the code with respect to the requirements from the consumers and oversee for prudent practices and code discipline. (iii) to facilitate review and recommend to the Commission amendments to the code without prejudice to the provisions in clause 51 of this code. (iv) to ensure that the consumer installations comply with the requirements of the code at the time of effecting service connection. (v) to take measures for resolution of issues arising due to non-compliance of operational / commercial / technical regulations of the code by the various sections of consumers in their jurisdiction. (vi) to allow the Distribution lines to be used as common carrier as and when the Commission introduce non-discriminatory open access to any of the consumer in his/her area to get supply from other Licensees / Generating Companies outside his/her area. (5) Tamil Nadu Electricity Regulatory Commission (TNERC): The functions of Commission as set out in the Act and rules made there under and in particular, to, - (i) determine the tariff for generation, supply, transmission and wheeling of electricity, wholesale, bulk, and retail as the case may be within the State; (ii) introduce non-discriminatory open access as per the provisions contained in the Act and in phases. Where open access has been provided to a category of consumer, the Commission shall determine the wheeling charges and surcharge thereon; (iii) [regulate electricity purchase and procurement process of distribution licensees including the price at which the electricity shall be procured from the generating companies or licensees or from other sources through agreements for purchase of power for distribution and supply within the State;] [[Substituted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008. Before substitution it read under: (iii) regulate electricity purchase and procurement process of distribution licensees including the price at which the electricity shall be procured from the generating companies or licensees or from other sources through agreements for pozver purchase;]] (iv) facilitate intra state transmission and wheeling of electricity; (v) specify and enforce standards with respect to quality, continuity and reliability of service by Licensees. Chapter 3 Distribution System Planning ------------------------------------------- ### 4. Distribution System Planning. (1) The main Objectives for the distribution system planning are to, - (a) plan, design and develop the distribution system so that it may be operated in an economical, safe and reliable manner conforming to the relevant Act and rules there under (b) specify technical conditions, which enable the licensee and consumers to meet set standards for efficient operation of the electrical interface between them (c) [define the procedure for the exchange of data on system planning between the Licensee and consumers of the distribution system.] [[Substituted as per Commission's Notification NoTNERC/DC/8-8 dt 8.2.2008 (w.e.f 27.2.2008) Before substitution it read as under: 'c. define the procedure for the exchange of system planning data between the Licensee and consumers of the distribution system.']] (d) provide sufficient information for a consumer to access opportunities for connection. (e) establish methods through which the Licensee shall coordinate with the STU, which includes furnishing of data required by the Commission/ or the Authority. (2) These guidelines of planning cover the individual sub-stations, system planning, analysis and the techno-economical aspects in the field of Distribution systems. It applies to all the consumers already connected or awaiting or seeking connection to the distribution system, Distribution Licensees and State Transmission Utillity (STU), wherever it is applicable. ### 5. Distribution Planning Framework. (1) The main areas, which require a careful network planning, and analysis: (a) Networking extension planning - newly built networks or extension of already existing network or configuration of the existing network to meet the changed load or feeder situation or operational existence. (b) Network component design (c) Providing solutions for operational problems like low voltage, inadequate short circuit withstand capability, power swings and protection selectivity errors. (2) Networks are generally extended over several stages. The operational conditions are then simulated for this future load forecast. This step will facilitate the fulfilling of all the operational conditions after Commissioning of the new extension stage. A careful network analysis provides the decision aids for selecting the most reliable and cost effective solution from among several configurations. To dimension the individual components like transformer, cables and switchgear and to provide an optimal solution for the total system, an extensive analysis of the network is often necessary. The system-planning wing: (a) examines the operational behavior of electrical systems both in normal operation and under fault condition (b) proposes remedial measures, if the operational conditions do not conform to the requirements for quality supply. (c) promotes the development of components by examining operational conditions and equipment requirements, (d) advises in system configuration, system structuring and component design questions and, (e) plans the extension of already existing systems as well as the new construction of supply systems within the framework of the total system. (3) Intensive sessions are required to be held to clarify the task situation and it may be processed in direct contact with the [direct customer as defined in clause (e) of regulation 2 of the Tamil Nadu Electricity Regulatory Commission - Intra State Open Access Regulations 2005] [Substituted for the expression 'High Voltage level' as per Commission's Notification No. TNERC/DC/8-8dated 8.2.2008 (w.e.f 27.2.2008).] . Distribution network are cost intensive and hence they require long term planning. The location and nature of the connected loads on the quality and reliability of the power requirement determine the structure of the distribution network. (4) The system planning is also necessary in the cases that include (a) Network modernization and upgrading. (b) Changes in operational and protection philosophy or neutral grounding. The tasks, problems and activities related to Network Expansion planning, component design and operational problems are brought out as follows. | | | | | | --- | --- | --- | --- | | Sl.No. | Describition | Tasks & problems | Activities | | 1 | Expansion planning | Local increase New transformer, substations Integration of peripheral -Networks Cable relaying Modernization of substations Network coupling Power station extension \*[upgrading the voltage level] Network ocumentation Graphic Information System | Network calculation forload flowand short-circuit. Dynamic network Calculation. | | 2 | Component design | Circuit-breaker stress cable cross section Transformer size Neutral earthing resistor | Stability Fault analysis Relay coordination studies | | 3 | Operational problems | Substation faults Voltage quality Harmonics Earthing problems Motor starting Power swings Frequency of occurrence of faults Fault tripping | Harmonics analysis Harmonics filter design Earthing measurement Network configuration Substation design Economic analysis Relay selection \*\*provision of effective earthing' Insulation coordination | \* Substituted for the clause "Define the task" as per Commission's Notification No. TNERC/DC/S-8 \*\* Substituted for the expression "Handling of Neutral point" as per Commission's Notification No.TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008) [(5) Stages involved in network expansion planning (a) Defining the task (b) [Commencing] [Substituted for the expression 'Commence' as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] the planning task which consists of: (i) Recording of the status of the existing distribution network and analysis of its operational situation (ii) Load forecast and analysis - Compilation of data on the characteristic features of the loads that will be incident in the near future and that of the existing loads; (iii) Estimation of load development (iv) Examination of the alternative options (v) Checking the issues involved in the above options and also the feasibility of introducing a new transformer, enhancement of existing transformer capacity etc. (vi) Establishment of site location and new substation design. (vii) Modification / Redesign of sub-transmission and distribution networks and its protective arrangement including protective relay setting and coordination. (viii) Study on alternatives for least cost investment. (ix) Assessment of operational advantages and disadvantages and anticipated supply reliability levels of various options (x) Investment planning (xi) Procurement of the required network components. ### 6. Planning process. - The system planning considerations are: (1) Load Forecast: It commences with a forecast of the anticipated load requirements (both demand and energy). The Licensee shall forecast the demand for power within the area of supply, annually or more frequently, if required by the Commission, in each of the succeeding five years. The Licensee shall prepare a demand forecast and generally follow the procedures set out herein. The licensee shall create a database of loads for each consumer category and for each distribution substation and update it annually. (2) Load Research: The Licensee shall develop a load research program with the objective of obtaining customer load profile data that provides the usage characteristics of specific appliances, consumers and group of consumers. This load research will also facilitate, (a) Demand status according to end use at the hour of system peak, daily, monthly, seasonally or annually (b) Hourly end use demand for the day of the system peak, monthly, seasonally or annually. (c) Hourly end use demand for the average day of the system peak, monthly, seasonal or annually. (d) Category wise diverse or coincidence factors and load factors. (e) Total energy consumption for each category of consumer by month, season or year. (f) Category wise non-coincident peak demands. (3) Load Data: From the metering data collected at each connection point with the transmission system, the Licensee shall develop load curves for the area fed and also the system load curve for the area of supply in point by applying a suitable diversity factor. By reconciling the figure for actual energy sales with the drawal based on the metering data [compiled] [Substituted for the expression 'complied' as per Commission's Not if. No. TNERC/DC/8- dated 8.2.2008 (w.e.f. 27.2.2008)] , approximate losses in the system may be arrived at for any period. This data shall be furnished to the STU and the Commission annually. All the consumers with a demand of 1 MW and above seeking connection shall furnish their load data to the Licensee, as detailed in Annexure I. The Licensee shall exercise special care in monitoring the actual development of loads in respect of consumers who desire to contract for loads of 1 MW and above at any single point. On demand by the consumer seeking connection, the Licensee shall furnish relevant system data as detailed in Annexure - II. The Licensee shall update the system data at least once in every six months. (4) Forecast Methodology: The Licensee shall formulate the long-term demand forecast taking into account the previous financial year ending March 31st as the Base Year and projecting the demand over the succeeding five years. (a) Energy Sales per tariff class shall be projected in the forecast period over the corresponding figures relating to the Base Year by adopting a suitable methodology, such as considering the trend for the previous five years. (b) The projections shall take into account assumed normal growth for non-specific loads, specific and identified loads of 1 MW and above and also the effects if any, of Demand side management and Loss reduction measures. (c) The Licensee shall compare the aggregate energy requirement at each of the connection points with the transmission system after accounting for system losses. The future peak load in each of the years in the forecast period may be derived using an Annual Load Factor. (d) The Licensee shall take into consideration any authenticated report on demand forecast or Power survey carried out by agencies like Advisory Board on Energy, Planning Commission, Central Electricity Authority, STU, Commission, CERC and Government of Tamil Nadu. The Licensee shall forward the long term demand forecast for the area of supply on an annual basis to the STU and the Commission, along with the details as indicated below. (i) Data. (ii) Methodology (iii) Assumptions The Licensee under the conditions of the licence shall co-operate with the STU in the preparation of demand forecasts for the State of Tamil Nadu. The format for the demand and energy forecasts shall be specified by the STU. (5) Planning Criteria and performance bases: The planning criteria for the distribution system as specified [by the Commission] [Substituted for the expression 'by Commission' as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] shall form the basis. The performance bases to be considered in the system planning are as follows: (a) The Distribution performances established herein shall be implemented in a manner so as to ensure that no entities are forced to achieve goals beyond the capability and limitations of the current system in the immediate future while continuing to strive for the higher standards by improving their system in the long term. As for the existing arrangements, the implementation can be in stages and shall be determined by the Commission. (b) The capacity of step down transformers used in the distribution system and the layout of bus bars, switchgear, transformers, capacitors, earthing system, surge arrestors, control panels, station battery, fire extinguishers and other accessories required for the protection and safe operation of the substations shall as far as possible be standardized by the Licensees and shall conform to the guidelines and principles contained in the Code. The Commission, in specific cases and to ensure uniform adoption, can however specify the standards to be adopted. (c) While planning the distribution system, the Licensee shall examine the cost effectiveness of loss reduction measures without compromising the security standards. The Licensee shall take measures to reduce the length of low tension bare conductor, overhead lines, wherever cost effective and these shall include but not limited to the following: (i) Achievement of HT: LT ratio to the level of 1 to 1.5 (ii) Laying of underground cables (iii) Increasing the number of low loss distribution transformers. (d) Substation Design Criteria: HV substations, Sub transmission, primary and secondary distribution shall be designed taking into account the following factors: (i) Safety of Operating Personnel (ii) Adequate cross section of Busbar to meet the electrical and mechanical requirements. (iii) Mechanical and electrical interlocks to prevent inadvertent operation of equipments including switch. [iii-a) Adequate Protection System with proper insulation co-ordination] [[Substituted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f.27.2.2008).before substitution it was as under: The distribution system shall be properly earthed in accordance with the Indian Standards in force, substation earth mats shall be designed to provide the required earth resistance and limit the ground potential rise limited by Touch and Step potential criteria as per standards]] (iv) Adequate Flexibility in operation and maintenance. (v) Operation and Maintenance needs. (vi) Space for future expansion (e) Distribution Line Clearances: Overhead lines shall comply with the safety measures specified by the Authority under section 53 of the Act. (f) Earthing : The distribution system shall be effectively earthed in accordance with the [Indian Standards in force, substation earth mat shall be designed to have a low overall impedance / resistance and to have a minimum transient ground potential rise (TGPR) during fault, giving rise to only permissible safe touch and step potential] [Inserted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] . All individual earth electrodes, earthing pits and interconnection arrangements shall be correctly installed and maintained. The bodies, cases, trucks and enclosures of all equipment shall be properly earthed in accordance with the system requirements and equipment ratings. Metallic line supports of overhead lines, cable sheaths and shields shall also be earthed in a proper manner. Connections may be compressed using crimping tool, welded, braced, or bolted using suitable lock washers/locknuts. Bolts should not be used for buried connections Chapter 4 Connectivity Conditions -------------------------------------- ### 7. Connectivity Conditions. - The Connectivity Conditions specify the minimum technical and design criteria, which shall be complied by any agency connected to, or seeking connection to the Distribution System. The Licensee shall ensure compliance of the above criteria by any agency as a pre-requisite for the establishment of an agreed connection. The terms and conditions of supply under Chapter 6 of this code shall be read in conjunction with this chapter. The connectivity conditions shall fulfill the requirement stipulated in section 50 and 53 of the Act. The Connectivity Conditions are provided to ensure that: (a) The basic rules for connections are complied by all agencies. This will help to treat all agencies in a non-discriminatory manner. (b) Any new or modified connection, when established, shall not suffer unacceptable effects due to its connection to the Distribution System nor produce unacceptable effects on the system or any other connected agency. (c) The ownership and responsibility for all the equipments, shall be clearly specified in a schedule (site responsibility schedule) for every site, where a connection is made. ### 8. Distribution System Interface with Small Generators. - The electricity generated by the private developers pertaining to power projects based on [renewable] [Substituted for the expression 'non-conventional' as per Commission's Notification No.TNERC/DC/8-8dated 8.2.2008 (w.e.f 27.2.2008).] energy sources of wind, biomass etc or captive power plants shall be evacuated by interfacing with the distribution system or intra state grid. The voltage levels, connection points and connectivity conditions, safety etc., for such interfacing shall comply with the conditions laid down under Tamil Nadu Electricity Grid Code (TNEGC) and the regulations issued by the Authority in this regard. ### 9. Distribution Systems protection arrangement. (1) Protection of the distribution system and the consumer's system shall be well coordinated. Individual protection schemes shall have adequate selectivity, sensitivity and reliability and speed of operation to disconnect the faulty equipment/circuit from the healthy system. No item of electrical equipment shall be allowed to remain connected to the distribution system unless it is covered by appropriate protection scheme. (2) In the distribution system protection for lines / U.G cables, transformers and other equipments shall be followed by the Licensee, and by the consumers of the distribution system as well in accordance with the provisions made in TNEGC. The distribution system relay setting shall be coordinated with that of STU and it shall be endorsed by STU and SLDC. (3) Every consumer within the area of supply of the Licensee who are availing / desire to avail of supply at 66KV, 110 KV, 230 KV level shall furnish the details of their equipment protection schemes to the Licensee and get approved before the connection is effected. On demand, the Licensee shall provide similar protection data relating to their distribution systems to any consumer seeking the above connection. (4) The Licensee and the EHT consumers of the distribution system shall attend the protection co-ordination meetings as and when called upon to do so by the STU / SLDC to discuss all related issues and take remedial measures as discussed and agreed to in such meetings. ### 10. Operational Labeling. - The Licensee and the consumers shall be responsible for the provision and maintenance of clear, unambiguous signs and labels indicating the numbering and / or name of the equipment / apparatus and circuit at the substations and connection sites. ### 11. Metering. - [The minimum requirement of metering for substations in distribution system, Generating station and higher voltage consumer shall conform to the requirement stipulated in Tamil Nadu Electricity Grid Code (TNEGC) ] [[Substituted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008). Before substitution it read as under: 'The minimum requirement of commercial and operational metering at distribution system substations and higher voltage consumer's sub stations shall conform to the requirement stipulated in Tamil Nadu Electricity Grid Code (TNEGC) ']] ### 12. Communication. - Reliable communication links shall be established for the exchange of data, information and operating instructions between the Licensees, consumers with demand of 1 MW and above, the load control centers of the Distribution Licensee and the SLDC / SSLDC, as the case may be. ### 13. The Licensee shall monitor the voltage, frequency and power factor in the distribution system at different points, during the peak and off peak hours and take all reasonable measures for the improvement of the same, if it falls below the prescribed level continuously. (1) Voltage: The variation in the voltage levels in the distribution system may depend upon the available VAR generation, system loads and configuration of the transmission system and distribution system. Under normal operating conditions the Licensee shall exercise proper voltage monitoring and control in the distribution system beyond the point of interconnection so as to maintain voltage at all levels in accordance with the Standards of Performance specified by the Commission. The means adopted shall include. (a) Use of transformers equipped with tap changers (on load /Off Load). (b) Balancing of loads between phases of the LT network. (c) Limiting KVA- km loading of the circuits (d) Reduction of overloaded transformers by planning and installing additional distribution transformers. (e) By installing the required regulating transformers (Boosters) and synchronous Condensers at appropriate locations. (f) Installation of shunt capacitors/Capacitor banks at optimum locations depending upon the requirement of VAR compensation in the network (g) [Provision of switched/fixed capacitor, as the case may be, on the (secondary) LV side of Distribution Transformers.] [[Substituted ns per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008) xohich before substitution stood as under: 'Provision of switched capacitor on the (secondary) LV side of Distribution Transformers']] (2) Frequency: The Licensee shall abide by the instructions issued by the SLDC on load frequency control for maintaining the supply frequency within the statutory limits either by resorting to load shedding or by rolling blackouts. (3) Power Factor: The Licensee shall maintain the system power factor at the level of minimum of 0.9 (Lag) at the interface/s and carry out system improvement measures at strategic points in the distribution system by undertaking useful system studies and installing the required VAR compensation equipment to meet the situation. The Licensee shall also counsel and [advise the consumers] [Substituted for the expression 'advise consumers' as per Commission's Notification No. TNERC/DC/8-8dated 8.2.2008 (w.e.f. 27.2.2008)] on the ways and means to improve the power factor in their respective systems to the required level. It shall be obligatory on the part of the consumers to improve the power factor of their connected loads to the required level in accordance [with the provisions] [Substituted for the expression 'with provisions' as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008)] made in this code. Every consumer with a power factor less than the stipulated level may be suitably advised to rectify the situation by installing appropriate power factor correction equipment, without prejudice to the levy of compensation charges as per the orders of the Commission from time to time. (4) Special Conditions: Special conditions shall be incorporated in the connection agreement for loads with high harmonic content, low power factor and unacceptable supply voltage and frequency fluctuations, so that the consumer shall be forced to install appropriate correction equipments to meet the requirements of this Code. ### 14. [ Demand Side Management. [Substituted for the expression '13' i.e. renumbered as per Commisioin's Notification No. TNERC/DC/8 dated 8.2.2008(w.e.f.27.2.2008).] - The Licensee shall make suitable provisions in the Service Connection Agreements to make it mandatory on the part of selected categories of consumers with a contracted Demand over and above a specified KVA limit (to be specified [by the Commission]) to carry out an Energy Audit at their establishment for in-plant load management and for carrying out end use energy efficiency / conservation measures. On their part, the Licensee shall provide such consumers with relevant information relating to energy audits and its methodologies and the financial incentives offered by recognized financial institutions, banks and other government organizations.] Chapter 5 Operation Guidelines for Distribution System ----------------------------------------------------------- ### 15. The procedures and practices to be followed by the Licensees and consumers whose electric lines and electrical plants are connected to the Licensee's distribution system for safe and efficient operation of then-respective systems are -, (1) Demand Estimation: The Licensee shall provide to the SLDC / SSLDC, its projection of demand on a year ahead, month ahead and day ahead basis. The time frames for such submission, as set out in the TNEGC shall be adhered to by the Licensee. The SLDC or SSLDC shall be the agency to receive the details from the licensees or issue directions to the Licensees as the case may be in line with the requirements prescribed in this chapter on Operational Guidelines and as per the provisions of the relevant Code. On demand, the [consumers concerned] [Substituted for the expression 'concerned consumer' as per Commission's Notification No.TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008)] shall furnish these data to the Licensees. The Licensee shall estimate its hourly and daily demand on the basis of relevant load curves drawn on a day ahead basis, subject to modification depending upon information received from any specific consumer or caused by any untoward incident/contingency. (2) Scheduled Shutdown Programs: The Licensee shall furnish the proposed (planned) outage (scheduled shutdown) programs to the STU/ SLDC as specified in TNEGC. Planned outage programs shall furnish clearly the details of the electric lines/cables and the equipments of the distribution system that will be taken out of service, and other details of the planned interruption namely the date, duration and quantum of load that may be limited/restricted at any interconnection during this planned interruption. (3) Contingency Planning: The contingencies in the distribution system are mainly due to: (a) Total or partial blackout of intra transmission or inter transmission network. (Loss of generating sources) (b) [Failure of network components like Breakers, Power Transformers, Current Transformers, Potential Transformers and lines in the transmission system. [[Substituted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008) which before substitution stood as under: 'b. Failure of network components like breakers, lines and UG cables in the transmission system, c. Breakdown of components in the distribution system']] (c) Breakdown of components like Distribution Transformers, lines, etc. in the distribution system]. The procedure to be followed during such contingencies for the restoration of supply is detailed in the sections to follow (4) Intra / Inter Transmission System outage: In regard to the restoration of supply during the total black out at any point of interconnection, the Licensee shall abide by the black start procedures framed by the STU / SLDC. Likewise, the Licensee shall follow the guidelines provided by the STU during the outage of the apparatus or lines/cables in the above networks. The licensees may also follow an approved Demand Side Management, Load shedding, rolling blackouts and other measures. (5) Distribution System Outage: The interruption of the power supply to any part of the distribution system lasting more than an hour, due to the breakdown of any part of the distribution system/its components, may be termed as distribution system failure and the Licensee shall evolve a suitable supply restoration procedure for such distribution system failures under intimation to the Commission. (6) Demand Management / Load Shedding: On getting directions from the SLDC rolling blackouts for short duration shall be carried out by the Licensees to maintain the load generation balance and security of the network. This may also be necessary due to the loss of any circuit, equipment or any other operational contingency that may occur in their Distribution Networks also. The Licensee shall estimate the loads that may be shed in discrete blocks at each interconnection point after consultation with the consumers if possible and submit the same to the SLDC. The consumers shall cooperate with the Licensee in this regard. The Licensee shall work out the modalities of the load shedding. A detailed procedure shall also be furnished to the SLDC and other officials in charge of the downstream substations of the Licensee, where such load shedding / rolling blackout are to be carried out. When provisions are available for the automatic load shedding with the aid of under frequency relays, the circuits involved and the quantum of load to be shed shall be intimated to the SLDC and [officials] [Substituted for the expression 'officials persons ' as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008)] in charge of downstream substations of the Licensee. The settings adopted for the UF relays shall also be furnished. If any constraint or bottleneck in the transmission system and/or distribution system, warrants rotational load shedding then it shall be resorted to by the Licensees in their distribution system. On such occasions, the public shall be promptly informed of such arrangements through the media. [Consumers] [Substituted for the expression 'Large consumers' as per Commission's Notification No. TNERC[DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008)] with [contracted demand] [Substituted for the expression 'contract demands' as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008)] of 1 MW and above and essential services such as hospital, public water works etc, shall be notified through telephone/ fax/ e-mail or any other communication systems. ### 16. Safety Aspects. (1) Provisions with respect to safety and electricity supply is dealt in detail under section 53 of the Electricity Act, which reads as: The Authority may in consultation with the State Government, specify suitable measures for: (a) Protecting the public (including the persons engaged in the generation, transmission or distribution or trading) from dangers arising from the generation, transmission or distribution or trading of electricity, or use of electricity supplied or installation, maintenance or use of any electric line or electrical plant; (b) Eliminating or reducing the risks of personal injury to any person, or damage to property of any person or interference with use of such property; (c) Prohibiting the supply or transmission of electricity except by means of a system which conforms to the specification as may be specified; (d) Giving notice in the specified form to the Appropriate Commission and the Electrical Inspector, of accidents and failures of supplies or transmissions of electricity; (e) Keeping by a generating company or licensee the maps, plans and sections relating to supply or transmission of electricity; (f) Inspection of maps, plans and sections by any person authorized by it or by Electrical Inspector or by any person on payment of specified fee; (g) Specifying action to be taken in relation to any electric line or electrical plant, or any electrical appliance under the control of a consumer for the purpose of eliminating or reducing a risk of personal injury or damage to property or interference with its use;" (2) The measures specified by the Authority, in accordance with the above provision shall form the basis for safety. Primary focus should be laid on safety in all the works related to the location, erection, installation, operation and maintenance of the equipments, devices and other network components at the consumer's mains/premises. Safety of the end users, operating personnel and public shall be given focused attention. Adequate training will be imparted to the operating personnel with the adoption of relevant operating techniques and safety procedures/ precautions necessary for satisfactory operation of the system and its equipments which include cross boundary connections and interface points as applicable. (3) Safety co-ordination: The salient aspects involved in safety co-ordination are: (a) The Licensee and the consumers of the distribution system shall observe safety rules, practices and precautions when work is to be carried out on any apparatus or circuits in any part of the distribution system or in any part of the consumer system. (b) The objective of this safety co-ordination is to enforce the principles of safety as prescribed in the measures specified under section 53 of the Act and practices for their implementation. (c) [There shall be proper co-ordination between operating personnel of the Licensee and the consumers, between two distribution licensees across common control boundaries, for carrying out work on any apparatus, switchgear, or circuits belonging to each party at the point of interconnection or interface] [Substituted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008, w.e.f. 27.2.2008.] . (d) The Licensee shall follow the provisions of the TNEGC for cross boundary operations in co-ordination with the STU (e) The Licensee, all consumers and any other distribution Licensee having common electrical interface with the Licensee shall designate suitable persons to be responsible for safety co-ordination. These persons shall be referred to as control persons. The list of control persons, their designation and telephone numbers shall be exchanged between all [persons concerned] [Substituted for the expression 'concerned persons' as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] . Any change in the list shall be notified promptly to all concerned. (f) The disconnecting device / or devices shall be provided at each electrical interface, which shall be capable of effectively disconnecting the system of the Licensee and other consumers and grounding the respective system at the common boundary. These devices shall be identified and marked by the Licensee and respective consumer and shall be maintained in good condition at all times. Such disconnecting devices shall be provided with interlocks to prevent inadvertent switching operations by unauthorized persons. (g) Permission in writing shall be issued by the appropriate control person at the electrical interface to his/her counterpart responsible for carrying out work on any apparatus, switchgear or circuits beyond the electrical interface. Such permissions shall be termed as Line Clear Permits (LCP). The format of the LCP shall be standardized by the Licensee and shall be used by all concerned. Detailed rules framed by the Licensee pertaining to such works and Line Clear Permits (LCPs) shall be circulated to its personnel as part of its internal administration. (h) A list containing the names and other details of the Officers/staff who are authorized to issue / get LCPs on the apparatus, lines and cables may be [displayed] [Substituted for the expression 'hung' as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f 27.2.2008)] at an apt location in the substation. (i) The Licensee shall formulate a checklist of operations to be carried out before the issue and return of LCPs and procedures for safety co-ordination for each electrical interface. Such procedures and checklist shall be issued to all concerned, by the Licensee, for implementation. (j) The Licensee shall prepare a safety manual incorporating all operating procedures in addition to safety rules and safety precautions applicable to its distribution system and the Consumer's system and circulate the same among [all staff concerned] [Substituted for the expression all concerned staff as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008)] and Consumers for strict adherence. (k) The Licensee shall devise and maintain uniform operating procedure for switching, isolation, and restoration, live line working and test charge of defective lines/apparatus duly incorporating the safety aspects. ### 17. Protective clauses as applicable to Railways, Highways, Airport, telegraphic signaling line etc., are as follows: (1) Protection of Railways, Highways, Airport, etc. as set out in section 159 of the Act reads as: "No person shall, in the generation, transmission, distribution, supply or use of electricity, in any way injure any railway, highway, airports, tramway, canal or water-way or any dock, wharf or pier vested in or controlled by a local authority, or obstruct or interfere with the traffic on any railway, airway, tramway, canal or water-way." (2) Protection of telegraphic, telephonic and electric signaling lines as set out in section 160 of the Act reads as: "(1) Every person generating, transmitting, distributing, supplying or using electricity (hereinafter in this section referred to as the "operator") shall take all reasonable precautions in constructing, laying down and placing his/her electric lines, electrical plant and other works and in working his/her system, so as not injuriously to affect, whether by induction or otherwise, the working of any wire or line used for the purpose of telegraphic, telephone or electric signaling communication, or the currents in such wire or line. (2) Where any difference or dispute arises between the operator, and the telegraph authority as to whether the operator has constructed, laid down or placed his/her electric lines, electrical plant or other works, or worked his/her system, in contravention of sub-section (1), or as to whether the working of any wire, line or current is or is not injuriously affected thereby, the matter shall be referred to the Central Government and the Central Government, unless it is of opinion that the wire or line has been placed in unreasonable proximity to the electric lines, electrical plant or works of the operator after the construction of such lines, plant or works, may direct the operator to make such alterations in, or additions to, his/her system as may be necessary in order to comply with the provisions of this section, and the operator shall make such alterations or additions accordingly: Provided that nothing in this sub-section shall apply to the repair, renewal or amendment of any electric line or electrical plant so long as the course of the electric line or electrical plant and the amount and nature of the electricity transmitted thereby are not altered. (3) Where the operator makes default in complying with the requirements of this section, he shall make full compensation for any loss or damage incurred by reason thereof, and, where any difference or dispute arises as to the amount of such compensation, the matter shall be determined by arbitration Explanation. - For the purposes of this section, a telegraph line shall be deemed to be injuriously affected if telegraphic, telephonic or electric signaling communication by means of such line is, whether through induction or otherwise, prejudicially interfered with by an electric line, electrical plant or other work or by any use made thereof." ### 18. Accident Reporting. - Notice of accidents and inquiries as set out in section 161 of the Act reads as: "(1) If any accident occurs in connection with the generation, transmission, distribution, supply or use of electricity in or in connection with, any part of the electric lines or electrical plant of any person and the accident results or is likely to have resulted in loss of human or animal life or in any injury to a human being or an animal, such person shall give notice of the occurrence and of any such loss or injury actually caused by the accident, in such form and within such time as may be prescribed, to the Electrical Inspector or such other person as aforesaid and to such other authorities as the Appropriate Government may by general or special order, direct. (2) The Appropriate Government may, if it thinks fit, require any Electrical Inspector, or any other person appointed by it in this behalf, to inquire and report - (a) As to the cause of any accident affecting the safety of the public, which may have been occasioned by or in connection with, the generation, transmission, distribution, supply or use of electricity, or (b) As to the manner in, and extent to, which the provisions of this Act or rules and regulations made hereunder or of any licence, so far as those provisions affect the safety of any person, have been complied with. (3) Every Electrical Inspector or other person holding an inquiry under sub-section (2) shall have all the powers of a civil court under the Code of Civil Procedure, 1908 (5 of 1908) for the purpose of enforcing the attendance of witnesses and compelling the production of documents and material objects, and every person required by an Electrical Inspector be legally bound to do so within the meaning of section 176 of the Indian Penal Code ( 45 of 1860). ### 19. Major Incident Reporting. (1) The reporting on major incidents shall conform to the provisions under section 53 and 160 of the Act. Among the incidents that would affect the distribution system are: (i) Aberrations/deviations in system voltage and frequency level. (Both for HV and LV networks [exceeding the set tolerance levels] [Inserted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f.27.2.2008).] . (ii) Major breakdowns in the distribution system. (iii) Major deviations of load drawal from any interconnection relative to the day ahead estimation of demand furnished by the Licensee to the STU / SLDC. (iv) Any other incident which the Licensee or consumer may consider worth reporting with regard to safe and reliable operation of the distribution system. (v) The Licensee and the consumers shall establish a hierarchy for reporting incidents and a procedure for the exchange of information. The consumers shall promptly furnish information to the Licensee regarding any major incident occurring in their system to the Licensee. (vi) The adverse impact of Harmonics in the system. (vii) The adverse impact of the operation of shunt capacitor banks on other equipments/devices in the network and at the consumer's premises as well. Explanation. - The basic characteristics of the incident, which constitute a major break down, shall be determined by the concerned Licensee /Consumer and reported. (2) Prescribed time frame for the reporting by the Licensees in respect of major incidents. | | | | | --- | --- | --- | | (a) | Deviations in the system voltage or frequency Exceeding the set tolerance level | - Monthly | | (b) | Major deviation in load drawals | - Monthly | | (c) | Major breakdowns of lines/cables/equipments (Including any loss of capacity of 5 MVA and above) | | | | • Preliminary report followed by a detailed report Indicating status, nature of break down, total Hours break down period, restoration period, and estimate of losses/ repairs, loss to persons /property, number of consumers affected etc. | - Within 24 | | (d) | Any other incident referred to in the Code | - Monthly | ### 20. Condition based monitoring/Preventive Maintenance programmes. - shall be designed as follows: (i) [The Licensee shall prepare pre-monsoon inspection and other preventive maintenance schedules for lines and equipment and ensure its compliance at all levels. Necessary advance intimation shall be given to the consumers likely to be affected] [[Substituted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f27.2.2008). Before substitution it was as under: 'The Licensee shall prepare pre monsoon inspection and other preventive maintenance schedules for lines and equipment and ensure its compliance at all levels. Necessary intimation shall be given to the affected consumers.21nserted as per Commission's Notification No. TNERC/DC/8-9 dated 22.5.2008 (w.e.f. 11.6.2008).]]. (ii) The level of maintenance shall be appropriate to meet the manufacturers maintenance recommendations and the performance standards of the Licensee, iii. All the bottom line, all the HV lines in the control area of the Licensee shall be inspected twice annually. (iii) Periodical testing and maintenance of transformers, switchgear and protective equipments and earthing in the distribution system shall be carried out by the Licensee in line with the manufacturers recommendations / standard practices for ensuring their smooth operation, serviceability, safety, reliability and efficiency. (iv) The Consumers also shall maintain their apparatus, switchgear, electric lines, metering equipment and cables including their generator sets in good operating condition and conforming to the measures specified under section 53 of the Act and keep them suitable for connecting to the distribution system in a safe and reliable manner. [Consumers shall ensure proper interlock facility provided for their generator sets to prevent parallel operation with.the Distribution System of the Licensee provided such generators are not interfaced with the Licensee's network for supply of power] [Inserted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] . (v) Licensee shall set up a Consumer Trouble Call Management Center and lay down suitable procedures. (vi) The Licensee shall have provisions for sealing the meter, checking the quality of new meters, periodical calibration of customer meters, repair of defective meters and other related works. ### 21. Tools, plants and Spares. - The Licensee shall ensure availability of proper tools and plants and keep the work places in good condition for carrying out the required repairs/maintenance. Serviceability of tools and plants must be checked periodically and certified for their healthiness. The Licensee shall maintain an inventory of replacement spares required for maintenance purposes at suitable locations. A clear policy may be laid down by the Licensee in this regard and submitted to the Commission for reference. ### 22. Training. - The Licensee shall set up Training centers (or in coordination with the established Training centers) to impart proper and adequate training to its workmen and supervising staff in modern distribution practice, maintenance techniques and safety procedures. A syllabus suitable for the intended purpose shall be followed by them. The syllabus shall be submitted to the Commission for its perusal and approval. ### 23. Research and Development. - The STU shall, in consultation and approval of the Commission, carry out R&D to analyze and solve common operational and other problems related to distribution. Also they will be responsible for carrying out improvement and updation studies. The study results shall be properly communicated to all the distribution licensees for adoption. The expenditure towards the R&D work shall be met from a common fund for which the Commission shall prescribe the rate of contribution from each Licensee. Chapter 6 Terms and Conditions for Supply of Electricity ------------------------------------------------------------- ### 24. Terms and conditions for supply of Electricity. - The terms and conditions for supply of electricity is meant to govern the supply of electricity and procedures thereof, including the powers, functions and obligations of the Licensee and the rights and obligations of the consumers and matters connected therewith and incidental thereto. The terms and conditions are not exhaustive as to the requirements to be complied with by Users connected or seeking connection to the Licensee's distribution system. ### 25. System of Supply. - The Licensee's declared voltage of supply will be generally as follows: (a) Low Tension Supply (i) Single phase 240 volts, 50 Hz A.C between phase and neutral. (ii) Three-phase 415 volts 50 Hz A.C between phases. (b) High Tension Supply Three-phase 50 Hz A.C, 11,000 volts, or 22,000 volts and 33,000 volts between phases whichever is available. (c) Extra High Tension Supply Alternating current - 50 Hertz Three- phase 66,000 volts, 110,000 volts and 230,000 volts between phases whichever is available. For larger loads, the Licensee reserves the right to supply at higher voltages according to the convenience of the Licensee. ### 26. Categories of Supply. - Supply of electricity shall be made available to the consumer under the following categories: (a) Single-phase 2 wire 240 volts between phase and neutral for supply to a total connected load not exceeding 4000 watts (including power loads). (b) Three-phase 4 wire 415 volts between phases and 240 volts between a phase and neutral for supply to a total connected load exceeding 4000 watts but not exceeding a demand of 112 KW. The consumer may elect to avail supply under any one of the above categories where the connected load does not exceed 4000 watts (c) Three-phase 3 wire, 11,000 volts and above between phases for power installation exceeding a demand of 112 KW, the minimum demand however being 63 KVA (d) The consumer shall avail supply at 33 kV and above when the demand is 5 MVA and above ### 27. Requisitions for Supply of Energy. (1) The provision regarding the duty of Licensee as detailed in section 43 [of the Act] [Inserted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f 27.2.2008).] to supply electricity on request is reproduced below: (1) [Save as otherwise provided in this Act,] [Inserted as per Commission's Notification No. TNERC/DC/8-9 dated 22.5.2008 (w.e.f. 11.6.2008)] every distribution licensee, shall, on an application by the owner or occupier of any premises, give supply of electricity to such premises, within one month after receipt of the application requiring such supply : Provided that where such supply requires extension of distribution mains, or Commissioning of new sub-stations, the distribution licensee shall supply the electricity to such premises immediately after such extension or Commissioning or within such period as may be specified by the Appropriate Commission. Provided further that in case of a village or hamlet or area wherein no provision for supply of electricity exists, the Appropriate Commission may extend the said period as it may consider necessary for electrification of such. village or hamlet or area. [Provided that the licensee will refuse to supply electricity to an intending consumer who had defaulted payment of dues to the licensee in respect of any other service connection in his name] [Inserted as per Commission's Notification No. TNERC/DC/8-1 dated 22.11.2005 (w.e.f. 7.12.2005).] [Explanation. - For the purposes of this sub-section, "application" means the application complete in all respects in the appropriate form, as required by the distribution licensee, along with documents showing payment of necessary charges and other compliances.] [Inserted as per Commission's Notification No. TNERC/DC/8-9 dated 22.5.2008 (w.e.f. 11.6.2008)] (2) It shall be the duty of every distribution licensee to provide, if required, electric plant or electric line for giving electric supply to the premises specified in sub-section (1) Provided that no person shall be entitled to demand, or to continue to receive, from a licensee a supply of electricity for any premises having a separate supply unless he has agreed with the licensee to pay to him such price as determined by the Appropriate Commission. (3) If a distribution licensee fails to supply the electricity within the period specified in sub-section (1), he shall be liable to a penalty which may extend to one thousand rupees for each day of default. (2) Supply to Agricultural category: Application for supply to agriculture category shall be in Form 2 of Annexure III. In respect of the agricultural category, this provision shall be governed by the directives issued by the Commission from time to time, on the basis of the guidance on this matter by the National Electricity Policy (as stipulated in sub section 4 under section 86 of the Act) and the policy directions in public interest given by the State Government under sub section (1) of section 108 of the Act. (3) The application for HT supply shall be in Form 4. Application for LT supply (except Agricultural category) including Hut service shall be in Form 1 & 3 of Annexure III. Note : Requisitions for supply of energy ( Applications), even if incomplete, and irrespective of whether they are handed over in person or by post, should be acknowledged in writing. If they are in order, they shall be registered immediately and acknowledged. If they are incomplete, the defects should be indicated and returned without registration. (4) An intending consumer who is not the owner of the premises [ **\*] [The words 'he occupies' omitted as per Commission's Notification No.TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] shall produce a consent letter in Form 5 of Annexure III to this code from the owner of the premises for availing the supply. If the owner is not available or [** \*] [The word 'he' omitted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008)] refuses to give consent letter, the intending consumer shall produce proof of his/her being in lawful occupation of the premises and also execute an indemnity bond in Form 6 of the Annexure III to this code indemnifying the licensee against any loss on account of disputes arising out off effecting service connection to the occupant and acceptance to pay security deposit twice the normal rate. (5) [\*\*\*] [The words he occupies omitted as per Commission's Notification No.TNERC/DC/8-8 dated 8.2.2008 (w.e.f 27.2.2008)] (6) Where the intending consumer's premises has no frontage on a street and the supply line from the Licensee's mains has to go upon, over or under the adjoining premises of any other person (whether or not the adjoining premises is owned jointly by the intending consumer and such other person), the intending consumer shall arrange at his/her own expense for any necessary way leave, licence or sanction before the supply is effected. Even when the frontage is available, but objections are raised for laying lines / cables/ poles through a route proposed by the Licensee involving minimum cost and in accordance with the technical norms, to extend supply to the intending consumer, the intending consumer shall arrange at his/her own expense necessary way leave licence or sanction before the supply is effected. Any extra expense to be incurred by the Licensee in placing the supply line in accordance with the terms of the way leave, licence or sanction shall be borne by the intending consumer. In the event of way-leave, licence or sanction being cancelled or withdrawn, the intending consumer shall at his/her own cost arrange for any diversion of the service line or the provision of any new service line thus rendered necessary. (7) It shall not be incumbent on the Licensee to ascertain the validity or adequacy of way-leave, licence or permission obtained by the intending consumer. The consumer is liable for damages, if any, claimed by the person giving way-leave, licence or permission. (8) [\*\*\*] [[Omitted as per Commission's Notification No. TNERC/DC/8-6 dated 10.9.2007 (w.e.f 3.10.2007) before omission stood as under: 'The application for H.T / L.T. industries under 'Red Category' or highly polluting as notified by the Government/ Tamil Nadu Pollution Control Board from time to time shall be received only on production of letter of 'consent to establish ' issued by Tamil Nadu Pollution Control Board along with the application by the prospective consumer.]] (9) In case of LT three phase supply, the Licensee shall ensure the following: (i) For all LT three phase services other than domestic and agricultural category, when the contracted demand exceeds 18.6 KW (25 HP), the meter in the service shall have the KW demand recording facility. (ii) For all LT three phase services other than domestic and agricultural category, when the contracted demand does not exceed 18.6 KW (25 HP) and KW recording facility is not available in the meter, the consumer shall not be permitted to have excess connected load over and above the contracted demand. The consumer shall however be permitted to opt for meters with KW demand recording facility, allowed to have connected load in excess of contracted demand and covered under the provisions of the excess demand charges as stipulated in the Supply Code. (10) Notwithstanding anything contained in this clause, the Licensee will refuse to supply electricity to an intending consumer for any industry, including welding purpose in any predominantly residential area, if in the opinion of the Engineer, such supply will cause voltage fluctuations in the' supply to the area and consequent inconvenience in that area. The decision of the Engineer as to whether there will be voltage fluctuations in the said area shall be final and binding on the intending consumer. "Residential" area means area recognized as such by Municipal Corporations, Municipalities, Townships, Panchayats or such other local authorities constituted under any law for the time being in force. If however, the area under consideration is declared as a residential cum industrial area by the competent bodies, the above provision shall not apply. (11) The requirement to be notified by the Authority through regulations shall be complied with for availing the service connection. (12) Supply shall be given in poromboke land on production of - [(i) No Objection certificate obtained from the Officer (not below the rank of Deputy Tahsildar) or (ii) Where such No Objection Certificate could not be produced by the applicant for service connection the following undertaking shall be furnished: - (1) "I am aware that I am liable to be evicted and for supply disconnection at any time if the lands are required by the Government and / or any dispute arises at a later date and that electricity supply given in this regard will not confer any claim on ownership of the land. (2) I am aware that the above undertaking shall not confer permanent and full right to the ownership of the land.] (13) Within a door number or sub door number, an establishment or person will not be given more than one service connection. (14) [ Where more than one person or more than one establishment is or intended to be in occupation of a door number or sub door number, more than one service connection will be given only if there is a permanent physical/electrical segregation of areas for which different service connections are applied for.] [Substituted by Notification No. TNERC/DC/8-19, dated 01-07-2014.] (15) In case of flat system and shopping complexes where more than one flat or shops are located [with permanent physical segregation] [Inserted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] , more than one service shall be given. (16) In case of non compliance by the Licensee, of the provisions as above, the intending consumer can approach the Consumer Grievance Redressal Forum [established under section 42(5) of the Electricity Act 2003] [Inserted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] . Explanation. - For the removal of doubts, the expression "other compliances" occurring in the Explanation to section 43(1) of the Act as reproduced in sub-regulation (1) above, shall include the following, namely: - (a) the compliance by the intending consumer of other laws of the State of Tamil Nadu relating to the obtaining of permit or approval or sanction or consent from the appropriate authorities as mentioned in such laws in regard to construction, alteration or repairs to buildings or establishment of new industries or factories or other establishments for which supply of electricity is required by such intending consumer; (b) the compliance by the intending consumer of the provisions contained in sub regulations (4), (11) and (12) above; (c) the compliance by the intending consumer of any decree or order or judgment of any civil court in regard to the supply of electricity or other requirements mentioned in such decree or order or judgment. ### 28. Additional terms of supply as stipulated in section 48 of the Act reads as. - "A distribution licensee may require any person who requires a supply of electricity in pursuance of section 43 to accept: (a) any restrictions, which may be imposed for the purpose of enabling the distribution licensee to comply with regulations made under section 53; (b) any terms restricting any liability of the distribution licensee for economic loss resulting from negligence of the person to whom the electricity is supplied." ### 29. Service Lines. (1) More than one service connection in a door number/ sub-door number will be given if the second service connection is for a welding set in the same door number/sub -door number. (2) In agricultural connections where the consumer requires a separate service connection for utilizing energy for radios and other appliances including domestic lighting in the farm house, more than one service connection in the same Survey Field Number /sub-divided survey field number will be permitted. (3) Tire existing High Tension Consumers who want to avail a separate service for their expanded industrial activities within a door No., or sub-door No. (in the same premises) a new service connection shall be given, provided the extension is physically and electrically [segregated] [Substituted for the expression 'demarcated' as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008)] . (4) Upon receipt of an application for supply of electricity, a notice will be sent to the intending consumer that he or his/her authorized representative to meet the Engineer to agree on the position of the point of supply, cutout or circuit-breaker and meter . The Licensee will in no case fix its meter, cut-out etc., nor allow the same to remain in any position which will entail entry by its employees into certain restrictive areas which are socially well defined. In case of service connection from OH line, the service mains shall be visible and accessible up to metering point for inspection. (5) The consumer shall provide free of cost to the Licensee adequate land/space in his/her premises, as may be considered necessary by the Engineer and afford all reasonable facilities for bringing in not only cables or overhead lines from the Licensee's system for servicing the consumer but also cables or overhead lines connecting other consumers. The land/space should be at a location near the entrance to the premises and should be easily accessible to Licensee's officials for inspection. (6) The Consumer shall permit the Licensee to install all requisite equipments such as Transformers, switch gears, meters etc., and to lay necessary cables or overhead lines and to provide connections thereto on the consumer's premises and shall also permit the Licensee to extend supply to other consumers through the cables, lines and equipments installed in the consumer's premises, provided that supply to the consumer in the opinion oi the Engineer is not thereby unduly affected. (7) The Service Line once laid shall not be transferred, interfered with or shifted from one place to another except with the permission of the Engineer. (8) For housing the switch gears and meter cubicles of the Licensee, the High Tension Consumer shall provide and maintain at his/her own expense locked, weatherproof and fireproof enclosure of agreed design and location. The enclosure should preferably be in a building separate from the Consumer's substation and installation. Where this is not feasible, the equipments of the Licensee shall be completely segregated from the Consumer's equipments by fireproof walls. (9) The consumer shall permit the Licensee, free of cost, the use of any land belonging to the consumer which may be required for erecting the posts, lines, structures, cables and other equipments necessary for the supply of electricity and shall give access at all time to the Engineer and /or his/her agents, employees, sub-ordinates and workmen with or without tools to inspect and/or work on the posts, lines, structures, cables and other equipments and the consumer shall have no claim whatsoever on account of any damage to his/her property by reason of such erection of or any other work on the posts, transmission lines, structures, cables and other equipments. (10) In all storied buildings irrespective of the number of floors, service connections (whether through overhead wires or through under-ground cables) will be effected normally at the ground floor. Service connections will also be effected, at the request of the consumer, at the basement floor of the storied building, provided the place where the Licensee's meters, cut-outs etc., are installed has direct and independent access from outside, is well ventilated, has sufficient headroom and the doors provided for the service room have adequate fire resistance property and water proof and free from water logging. (11) In storied building sufficient space at a suitable place shall be made available free of cost to the Licensee for installing transformers, switch gears etc., in addition to the space requirements stated below. (12) [For any building / premises requiring LT service connection(s) having either (a) total floor area of 900 square meter and above (excluding the stilt floor / basement floor) or (b) the total demand of all the LT services in the building exceeds 150 kW] [[Substituted as per Commission's Notification No. TNERC/DC/8-1 dated 22.11.2005 (w.e.f. 7,12.2005)Before substitution stood as under: 'For storied buildings having a total floor area of 900 square metre and above, and multistoried building i.e. Ground plus three or more floors including stilt floor/ basement floor for Low Tension Service Connection.]]. (i) (a) an electrical room with RCC roof having clear floor area 6 metres W 4 metres with a vertical clearance of 2.75 metres with locking facility, exhaust fans and ad equate size of cable duct, shall be provided at the ground floor within the consumer premises of storied buildings nearer to the main entrance for installing floor mounted distribution transformer and associated switchgear or (b) a clear space of [10 metre W 4 metre or 5 metre W 5 metre] [Substituted for the expression '10m ]N 4m or 5m W 5m' as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] open to the sky shall be provided within the consumer premises preferably at the main entrance for installing structure mounted distribution transformer and associated switchgears, and (ii) [ Space as per the following norms shall be allotted for establishment of a sub-station/switching station in places of group housing/commercial complex where the total demand exceeds 5 MVA. These areas shall be specifically shown in the plan. [Substituted by Notification No. TNERC/DC/8-12, dated 24.8.2009 (w.e.f.16.9.2009).] The requirement of land for establishment of sub-stations shall not exceed the limit given below: | | | | --- | --- | | Voltage level of the sub-station | Land Requirement in Sq.Mts. | | | Normal sub-station | Compact sub-station | | 33 KV Sub-Station | 1520 (indoor) 3160 (outdoor) | 225 | | 110 KV Sub-Station | 4000 (outdoor) | 1050 | | 230 KV Sub-Station | 16000 (outdoor) | 7750 | Note: - (a) in places situated within 60 Kilo Meters from the periphery of the Metropolitan/Corporation limit, the licensee may establish the Compact Sub-Station; (b) in places situated within 30 Kilo Meters from periphery of the Municipality limit, the licensee may establish the Compact Sub-Station; (c) in places situated within 10 Kilo Meters from the periphery of the Town Panchayat limit, the licensee may establish the Compact Sub-Station; (d) in other places, the licensee may establish the Sub-Station of his choice; (e) the land area should have the proper approach road atleast on any one side of the land for easy transporting of power transformer; (f) the dimension of the land area shall be as per the suggestions of the Licensee to the consumer.] (13) An approach road of not-less than 3 metres width shall be provided from the public road to the electrical room/open space earmarked for installation of distribution transformer, associated switchgear, sub station / switching station. Note 1: The specific requirement to provide space, as per the sub-regulations (12) and (13) of this regulation shall be made known to the consumers / builders / owners at the initial stages itself, when they approach with applications for extending temporary or regular supply. Note 2: The Chief Executive Officer of the Distribution Licensee (presently the Chairman / TNEB) may approve the relaxation against the requirement stipulated in sub-regulations (12) and (13) of this regulation in exceptional cases provided he is satisfied that: (a) the supply to such premises can be satisfactorily fed from the existing Distribution Transformer / other sources (b) the quality of the power supply will not be affected even in future due to growth of the load in the premises / near by area (c) no compromise has been made on technical requirements by relaxing the above criteria. (d) non availability of the space / alternate provisions is confirmed by the Licensee after a site inspection (14) For High Tension service connections: - (a) [For indoor metering, an electrical room with RCC roof having a clear floor area 5mx6m with a vertical clearance of 3.7 metres between the floor and the ceiling/beam bottom with locking facility, exhaust fan and adequate size of cable duct shall be provided at the ground/basement floor for installing the Licensee's equipments, etc. This room shall be of fireproof and weatherproof] [[Substituted as per Commission's Notification No. TNERC/DC/8-1 dated 22.11.2005 (w.e.f. 7.12.2005)Before Substitution stood as under: (sic) storied buildings having a total floor area of 900 square meter and above multistoried building i.e. Ground plus three or more floors including stilt floor/ basement floor for Low Tension Service Connection.]] (b) For outdoor metering, a clear space of [10 metre W 4 metre or 5 metre W 5 metre] [Substituted for the expression '10m W 4m or 5m W 5m' as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] open to sky shall be provided. This enclosure shall be at the periphery of the building and shall be cut off from other portions of the premises by fire resistance walls. These areas shall be specifically shown in the plan. Before the plan is sent to the competent authority for approval, it shall be sent to the Engineer and got approved. The point of supply shall be within 30 meters from the main gate easily accessible and visible and satisfactory with regards to security aspects. Failure to comply with the above requirements will result in denial of supply. Provided that the Chief Executive Officer or any other Officer, not less than in the rank of a Chief Engineer, authorized by the Chief Executive Officer may approve the point of supply at a place beyond 30 meters from the main gate, if he is satisfied that such place is - (a) easily accessible and visible to the officials of the licensee; (b) is safe and secure; and [(c) is not susceptible to malpractice. Also there shall be no compromise on technical grounds, while relaxing the distance criteria.] (15) With medium voltage supply i.e. above 250 volts and up to 650 volts, the Licensee's meter and service cutouts shall be enclosed in a strong vermin proof and water proof box suitably ventilated and provided with suitable locking arrangements at the consumer's cost at the location convenient to licensee for meter reading etc. All wires shall be made inaccessible to unauthorized persons. A 'caution' board shall be fixed thereto. (16) Having agreed on the position of point of supply, the Engineer will render to the intending consumer an estimate for the cost of laying the service line. Any work of laying the service line will be taken up only after the intending consumer pays the estimated amount in advance in full. The charges payable by the intending consumer for service line shall be as estimated by the Licensee from time to time. (17) The entire service line will be the property of the Licensee and the Licensee will maintain it at his/her cost. (18) The Licensee will also have the right to use the service line for supply of electricity to any other person. ### 30. Consumer's installation. (1) [The consumer's installation should invariably comply with the statutory provisions contained under section 53 of the Act relating to wiring and equipment. The responsibility with regard to maintenance or testing of equipments and wiring on consumer's premises shall lie upon the consumer.] [[Substituted by Commission's Notification No TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008) Before substitution it reads as under: 'The consumer's installation should invariably comply with the statutory provisions of the rules framed under Act relating to wiring and equipment. The responsibility with regard to maintenance or testing of equipments and wiring on consumer's premises shall vest with the consumer. The regulations made by the Regional Tariff Advisory Committee under the Insurance Act 1938 (Central Act IV of 1938) applicable to the electrical equipments in buildings shall be complied with by the consumers.]] (2) No cutout, link or switch (other than a linked switch arranged to operate simultaneously on the earthed neutral conductor and live conductors) shall be inserted or remain inserted in the earthed neutral conductor of the system. (3) If any alteration is carried out either in equipment or in wiring, the same shall be intimated to the Licensee for updating the Test Report. (4) The consumer must in all cases provide quick-break linked switches and a main fuse/ MCB on each live conductor except the earthed neutral. The linked switch must be erected within a metre of the Licensee's meter board or in such other position as may be required/ approved by the Engineer. Where a conductor forming part of the consumer's system is to be connected to the Licensee's earthed neutral conductor, an indication of a permanent nature shall be provided by the consumer at the point where such connection is to be made to enable the conductor to be distinguished from any live conductor. The consumer shall provide a cable loop of at least one meter for each connection to the Licensee's meter board in the same room. In the case of High Tension supplies, suitable circuit breakers must be installed on the low-tension side of the transformer or on each of the individual low-tension feeder. (5) All electric motor used in all new Low Tension service connections shall be of ISI marked with manufacturers name plate indicating rating and capacity permanently affixed on it. (6) If at the time of effecting service connections under the Low Tension Domestic, Educational and other special institutions, etc., and General purpose category (presently Commercial and other categories), it is found that the assessed capacity is in excess of the capacity applied for by the consumer, the Engineer will include the assessed capacity in the Test Report and effect supply. [Provided such excess capacity does not result in any increase in the demand applied/sanctioned and such assessed capacity is commensurate with the capacity of the meter and service line provided and does not involve either change of category of supply or improvements to the distribution mains.] [Inserted as per Commission's Notification No TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27 2.2.008).] (7) All transformers, switchgears, control equipments and other electrical equipments belonging to the consumer and connected to the mains of the Licensee shall be maintained to the reasonable satisfaction of the Engineer of the Licensee and shall be in conformity with the applicable Acts, Codes, Rules and regulations etc., (8) Before any wiring or fitting of motor or any other electrical equipment is connected to the system, the same shall be subject to the inspection of the Engineer of the Licensee. However, this condition will not apply to Low Tension Service Connections under the Tariffs for Domestic, Educational and other special institutions, and General Purpose categories (Commercial and other categories). (9) All High Tension installations and their associated medium voltage and low voltage installations will have to comply with the applicable safety and security rules prescribed by Authority/Government/Commission. (10) If the connected load of any installation exceeds 15 amperes at 240 volts the installation shall be wired on the group system, separate neutral wires being brought back in each case to the point of supply. Each circuit shall have a distinct control switch. The lamps, fans and other equipments in the installations shall be so grouped that under normal conditions the current will be balanced and no current will flow in the neutral wire. (11) A caution Board printed in Tamil and English shall be affixed by the Licensee on the meter board of each service. (12) In order to save the expenses of a long underground service connection on private property, consumer may, with the Engineer's approval, erect a pillar on that portion of his/her property which will be the metering point nearest to the Licensee's supply mains into which the service shall be laid and from which the consumer shall rim overhead lines / UG cables to his/her premises. These overhead mains shall constitute portion of his/her installation, and shall be laid in compliance with the applicable Safety Rules. An efficient lightning arrester may be fixed at the commencement of the overhead line at the consumer's cost, should he desire the same, as an additional protection for his/her installation. (13) Gas and water pipes shall on no account be used for earthing purposes. All wiring shall be kept as far as possible away from gas and water pipes. (14) All wall plugs shall be of the three-pin type, the third pin connected to earth. All plugs shall be provided with switches on the live wire and not on the neutral. (15) Motors shall be provided with control gear so that the maximum current demand of the consumer's installation does not in any case exceed the limit given in the following schedule. | | | | | --- | --- | --- | | Nature of supply | Size of installation | Limit of maximum current demand | | Single Phase | Up to 3 H.P | Full load current W 6 | | Three Phase | i. Up to 3 HP | Full load current W 6 | | | ii. Above 3 HP and up to 15 HP | Full load current W 2 | | | iii. Above 15 HP and up to 100 | HP Full load current W 1.5 | | | iv. Above 100 HP | Full load current W 1.25 | Note: - 1. The capacity may exceed for the single-phase motors in areas where High voltage Distribution System using Single phase Distribution Transformers is implemented. ### 2. Providing of automatic switching facilities to the three phase motors with a direct on line starter is prohibited. ### 3. The use of phase shifters ( to operate the three phase motors during two phasing by the Licensee) in respect of Agricultural services by the consumers is prohibited. Failure to restrict within these limits and also to comply with the above requirements will render the service connection liable for disconnection. (16) Three-phase motor circuits shall be controlled by triple-pole switch with no-volt release and fuse protection. It is important that the release should be maintained in working order. Functionally equivalent controls shall also be acceptable. Wiring for such motors shall be run with all wires bunched in a conduit, which shall be efficiently earthed through and connected to the frame of motor from which two separate and distinct earth wires shall be run. The earth wire shall be preferably of copper. (17) In the case of temporary supply, the consumer shall provide current limiting switch of appropriate capacity and capacitor, if any required. ### 31. Inspections, testing and effecting supply. (1) After completion of the wiring, notice must be sent to the Engineer by the intending consumer ( upon printed test report form obtainable free of cost from the offices of the Licensee) that the installation has been completed and tested and that the same is complete and ready for inspection and test by the Engineer. Notice of the Engineer's intention to inspect and test the installation will be sent to the intending consumer who must be present or his/her competent representative at the time fixed to give information that may be necessary concerning the installation. [Upon executing / signing of the test report, a copy of the test report shall be given to the consumer] [Inserted by Commission's Notification No TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] . (2) The intending consumer shall avail himself of the supply within three months in case of HT and one month in case of LT from the date of issue of notice in writing, informing him that supply is available. (3) [ If the intending consumer fails to avail the supply within the above period, a further three months notice in case of HT and one month notice in case of LT will be sent to the intending consumer to avail the supply. If he does not avail himself the supply during this notice period, the application will be treated as lapsed and cancelled in the case of Low Tension supply, and the application shall be treated as cancelled, terminating the agreement, in the case of High Tension supply. The service connection charges and the Security Deposit/development charges, etc. except Meter Caution Deposit will be forfeited. In case the intending consumer could not avail the supply under force majeure conditions, the Security Deposit and meter caution deposit shall be refunded to the intending consumer.] [Substituted by Notification No. TNERC/DC/8-19, dated 01-07-2014.] (4) However, Licensees of the Distribution are delegated with powers to condone the delay on specific request from them if received before expiry of second notice period and to accord approval to effect supply any day after the date of expiry of second notice of availability of supply without forfeiture of development and other charges and cancellation of application subject to his/her consent to pay monthly minimum charges up to the date of availing supply. (5) If the intending consumer avails supply during the notice period of availability of supply he shall pay the monthly minimum charges at the notified tariff rate for the period from the date of issue of first notice of supply availability till the date of availing supply. (6) Requisition for supply or additional supply of electricity should be made in the prescribed form obtainable from the local office of the Licensee sufficiently in advance of the date of requirement of supply. Such Forms can also be made available in downloadable mode in the Licensee's website or allowed to be printed by others and made available in open market. The requisition should be made by the owner, or occupier, of the premises for which supply is required, and should indicate his / her full name and address. Any assistance or information required in filling up the form has to be given to the intending consumer at the local offices of the Licensee. ### 32. Licensee's supply mains and equipments. (1) The Licensee may provide in Low Tension service connections its own meter, board, cut-out and other equipments and for High Tension Service connections, its own circuit breaker, High Tension fuses and other equipments and these will remain the property of the Licensee and must on no account be operated, handled or removed by anyone, who is not an employee of the Licensee, unless authorized by the. Licensee. [If the consumer elects to purchase a meter, it shall be tested, installed, operated, maintained and sealed by the licensee. The consumer shall claim the meter purchased by him as his asset only after it is permanently removed from the system of the licensee.] [Inserted by Commission's Notification No TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] (2) The Licensee will have the right to use its supply lines and equipments provided under the conditions above and to lay cables under, across, over or through the consumer's premises for supply to other premises in the neighborhood. (3) The consumer shall not interfere in any manner with the property of the Licensee and shall be fully responsible for the safety of the property of the Licensee in the consumer's premises. In the event of any loss or damage caused to Licensee's property by any act, neglect or default of the consumer, his/her servants or persons employed by him or due to any reason other than force majeure conditions the consumer shall compensate the Licensee for the cost of necessary repairs or replacements as may be indicated by the Engineer, within thirty days of issue of the bill in this behalf. Non-payment of such bill by the consumer shall entail disconnection of supply under section 56 of the Act. ### 33. Agreements. (1) All intending consumers shall execute an agreement governing the supply of electricity in the form prescribed at the time of paying the Security Deposit and the service connection charges. The work of extension of supply will be taken up for execution only after the agreement is executed and the Security Deposit and the service connection charges, etc. are paid. For LT consumers other than agricultural and industrial consumers the application is treated as application-cum-agreement. In case of LT agriculture and industrial services, the agreement shall be in Form 7 in Annexure III and in case of HT consumers, the agreement shall be in Form 8 in Annexure III (2) Every agreement is for a specific purpose and a specified location. The Engineer may at his/her discretion permit a consumer to change the point of supply from one place to another on such terms as may be prescribed by the Licensee including payment of charges incidental to such change. (3) The agreement can be terminated by the consumer at any time by giving one month's notice in writing to the Licensee expressing his/her intention to do so. (4) The Licensee can terminate the agreement of a consumer at any time by giving one month's notice if the consumer has violated the terms of the agreement or the terms and conditions of this Code or the provisions of any law relating to the agreement including the applicable Acts and Rules under the Act and other orders from time to time. [The Licensee shall inform the consumer regarding the grounds for such termination] [[Substituted by Commission's Notification No TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008. Before substitution stood as under: 'It is obligatory on the part of the Licensee to inform the consumer regarding the grounds for suchtermination ]] It is obligatory on the part of the Licensee to inform the consumer regarding the grounds for such termination. (5) [ In the case of termination of the agreement either by the consumer under sub-regulation (3) or by the licensee under sub-regulation (4), as the case may be, the licensee shall recover the dues if any due from the consumer after making such adjustment of the dues, due to him by the consumer as may be necessary to clear the dues from the consumer against the security deposit or additional security deposit or any other deposit made by the consumer and after making such adjustment, refund the balance deposit, if any, to the consumer within three months from the date of termination of the agreement.] [Inserted by Commission's Notification No TNERC/DC/8-7dated 3.12.2007 (w.e.f. 19.12.2007).] ### 34. Earnest money deposit. (1) The applicants required to pay Earnest Money Deposit will be asked to pay Earnest Money Deposit along with registration fee for registration of application. (2) This Earnest Money Deposit will be adjusted against the quantum of initial Security Deposit payable by the applicant before availing supply and balance amount if any shall be collected. (3) In respect of High Tension applicant the Earnest Money Deposit payable will be equal to the quantum of initial Security Deposit. (4) If the applicant backs out after registration and payment of E.M.D. but before payment of Development charges, Service Connection charges and Meter Caution Deposit, then the application shall be cancelled and E.M.D. forfeited. (5) If the applicant backs out after payment of all charges and execution of agreement, the application shall be cancelled and agreement terminated forfeiting all amount remitted except meter caution deposit in the case of both High Tension and Low Tension. (6) If the H.T. applicant who prefers to back out partially against the sanctioned demand before availing supply, then the above forfeiture rule may be applied proportionate to the demand backed out. (7) The Earnest Money Deposit paid does not bear any interest until the date of service connection. ### 35. Security deposit. (1) All applicants for supply of electricity shall pay initial Security Deposit, before availing of the supply, in Cash/ [\*\*\*] [The word 'cheque' omitted by Commission's Notification No.TNERC/DC/8-8 dated 8.2.2008 (w.e.f.27.2.2008).] Demand draft at the rate fixed by the Commission from time to time. (2) The following categories of service connections may be exempted from payment of Security Deposit: (i) Service connections in the name of the State Government Departments (ii) Service connections to premises occupied by Foreign Diplomats or Consulate Establishments, irrespective of whether the service connection is in their name or not. (3) Applicants for supply of electricity for agricultural and hut service connections shall pay Security Deposit equivalent to seven months levy of lump sum charges / metered energy charges or the amount notified by the Commission from time to time. (4) Interest will be paid by the Licensee on Security Deposit at the rate as may be fixed by the Commission from time to time. Full calendar months only will be taken into account for the purpose of calculating the interest and the interest will be calculated to the nearest rupee i.e. 50 paise or above will be rounded off to the next higher rupee and less than 50 paise will be ignored. (5) If the consumer is prepared to take supply through pre payment meter such consumer is not required to pay security deposit. ### 36. Access to premises, installations and equipments. - The access to premises, installations and equipments is subject to the provisions envisaged under sections 163 of the Act, which reads as: (1) A licensee or any person duly authorized by a licence may, at any reasonable time, and on informing the occupier of his intention, enter any premises to which electricity is, or has been, supplied by him, of any premises or land, under, over, along, across, in or upon which the electric supply-lines or other works have been lawfully placed by him for the purpose of - (a) inspecting, testing, repairing or altering the electric supply lines, meters, fittings, works and apparatus for the supply of electricity belonging to the licensee; or (b) ascertaining the amount of electricity supplied or the electrical quantity contained in the supply; or (c) removing where a supply of electricity is no longer required, or where the licensee is authorized to take away and cut off such supply, any electric supply-lines, meters, fittings, works or apparatus belonging to the licensee. (2) A licensee or any person authorized as aforesaid may also, in pursuance of a special order in this behalf made by an Executive Magistrate and after giving not less than twenty-four hours notice in writing to the occupier, - (a) enter any premises or land referred to in sub-section (1) for any of the purposes mentioned therein; (b) enter any premises to which electricity is to be supplied by him, for the purpose of examining and testing the electric wires fittings, works and apparatus for the use of electricity belonging to the consumer. (3) Where a consumer refuses to allow a licensee or any person authorized as aforesaid to enter his premises or land in pursuance of the provisions of sub-section (1) or, sub-section (2), when such licensee or person has so entered, refuses to allow him to perform any act which he is authorized by those sub-sections to perform, or fails to give reasonable facilities for such entry or performance, the licensee may, after the expiry of twenty-four hours from the service of a notice in writing on the consumer, cut off the supply to the consumer for so long as such refusal or failure continues, but for no longer. ### 37. Shifting of service connection. (1) The cost of shifting a new service connection for which line is laid but service connection is yet to be effected shall be borne by the intending consumer. The intending consumer shall pay the above charges in advance in full. The copy of the estimate shall be given to the intending consumer. The shifting work will be taken up only after the payment is made. The estimate will cover the following: - (i) Materials dismantled in the old site and reusable shall be used in the new site as far as possible. (ii) 10% of the present value of the dismantled and reusable materials towards charges for dismantling and charges for loading, unloading, transport to the new site/store. (iii) Cost of the new materials required for the shifting work. (iv) Add 5% of the cost of new materials towards loading, unloading and transport to new site. (v) Add 10% of the present value of all the materials to be erected in the new site towards erection charges. (vi) 5% of the present value of retrievable scrap materials towards transport charges. (vii) Due credit shall be given to the intending consumer / applicant as below but however limited to the total estimated cost of new work: (a) Book value/written down value subject to a minimum of 20% of the cost of retrievable and reusable materials but not used in the new site. (b) Scrap value on the retrievable but not reusable materials at not less than 10% of its original value. (2) After completion of the work, a revised estimate shall be prepared with a copy to the intending consumer based on the actual cost of materials, loading, unloading, transport and erection charges. If the original estimate cost is more than the revised estimate, the balance shall be refunded to the intending consumer within 3 months. If the original estimate cost is less than the revised estimate, the difference shall be collected from the intending consumer. (3) With regard to shifting of existing service connection, the consumer shall pay all the arrears due to the Licensee, apart from the above shifting charges. ### 38. Restrictions on use of electricity. - The consumer shall curtail, stagger, restrict, regulate or altogether cease to use electricity when so directed by the Licensee, if the power position or any other emergency in the Licensee's power system or as per the directives of SLDC/ SSLDC warrants such a course of action. The Licensee shall not be responsible for any loss or inconvenience caused to the consumer as a result of such curtailment, staggering, restriction, regulation or cessation of use of electricity. Notwithstanding anything contained in any agreement/ undertaking executed by a consumer with the Licensee or in the tariff applicable to him, the consumer shall restrict the use of electricity in terms of his/her maximum demand and / or energy consumption in the manner and for the period as may be specified in any order that may be made by the Licensee on the instructions of State Government or the Commission. ### 39. [ Temporary supply. [Substituted by Notification No. TNERC/DC/8-17, dated 06-09-2013.] - Temporary supply of electricity to any premises shall be dealt with as below: - (1) If the temporary supply as in the case of construction of building etc. is to be converted into permanent supply after completion of the construction, normal procedure to effect the supply to regular categories shall be followed and the consumer shall be charged under temporary supply tariff, i.e., permanent supply procedure shall be adopted with temporary supply tariff. An undertaking shall be obtained from the consumer to the effect that the consumer will accept to convert the temporary supply into appropriate permanent category after completion of the construction work in accordance with the regulations in force and to pay the charges if any arising out of such conversion. In such conversion, if conversion from lower voltage to higher voltage is involved, the existing lower voltage service connection shall be closed and new higher voltage service connection shall be provided in accordance with the regulations in force. In case of conversion or closing of existing service connection account involves dismantling of part or whole of existing service line or erection of part or whole of service line or improvement of part or whole of existing service line or combination of the above credit/debit shall be given to the consumer as below: - (i) Book value /written down value subject to a minimum of 20% of the cost of retrievable and reusable materials shall be credited. (ii) Scrap value on the retrievable but not reusable materials shall be credited and this value shall be not less than 10% of its original value. No credit or debit shall be levied on the non-retrievable materials. (iii) Dismantling, transport and overhead charges shall be chargeable to the consumer. (iv) Cost of material,transport and erection charges for the part or whole of the new service line or improvement to the existing service line shall be chargeable to the consumer. (2) In case of providing supply purely for the temporary purpose, the following procedure shall be followed, (i) Cost of extension/improvement of lines for providing the supply shall be charged to the consumer. (ii) Security deposit equivalent to three times of the tariff charges for the consumption as calculated below shall be collected and maintained throughout the temporary supply period: Security Deposit = 3 x L x LF x H x D x T Where, L = Connected Load in kW LF = Load Factor =0.5 H = Number of hours of a day= 24 Hours D = Number of days of billing cycle period as specified in regulation 8(3) of the Supply Code/proposed period of use whichever is less T = Tariff rate of Temporary supply as specified by the Commission from time to time (iii) The security deposit shall be reviewed during every billing cycle or proposed period of use and enough care shall be taken to maintain the security deposit at the average level of consumption subject to the minimum of the calculated level till the closing of the temporary supply account. At any time, if the security deposit is found to be less than the amount specified, the additional security deposit shall be collected along with the Current Consumption charges. (iv) The temporary supply account shall be closed after the completion of temporary supply period and credit shall be refunded to the consumer as specified in sub regulation (1) of this regulation. The Licensee shall refund the balance deposit, if any after the temporary supply period is over within a period specified by the Commission.] ### 40. Energy conservation. - Promoting efficient use of energy including energy audit towards this end and energy conservation by all the consumers and the Licensee shall be mandatory as per the provisions contained in the Energy Conservation Act 2001 subject to the condition that such stipulations are not inconsistent with the Electricity Act 2003. ### 41. Service of notice. - All letters, bills and notices including those under statutory requirements will be sent by the Licensee to the consumer by ordinary post or by messenger. Documents of notices so dispatched shall be presumed to have been duly received by the consumer on the date on which he could be reasonably expected to receive the same. The Licensee may, if it chooses, adopt any other mode of service of documents and notices to the consumer. ### 42. [ Knowledge of Acts, Rules, Regulations, Orders, etc. [[Substituted by Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008) Before substitution it was as under: ### 42. Knowledge by facts, rules, orders, etc.: Subject to the provisions contained in Note 1 to sub-regulation(13) of regulation 29, the consumer will be deemed to have full knowledge of the provisions of 'applicable Acts, Rules and all regulations and notifications made there under. The consumer shall act in due conformity with all the applicable Acts, Rules and all regulations mentioned above and, if he does not so act, his/her supply may be discontinued without prejudice to any other action that may be taken by the Licensee.]] - Subject to the provisions contained in the Note 1 to sub-regulation (13) of regulation 29, the consumer will be deemed to have full knowledge of the provisions of 'applicable Acts, Rules and all Regulations and Notifications' made there under. The consumer shall act in due conformity with all the applicable Acts, Rules and all Regulations and Notifications mentioned above.] [[Substituted as per Commission's No TNERC/DC/8-2 (1) dated, 14.06.2006 (w.e.f. 23.2.2006) which before substitution stood as under: Provided that the Chief Executive Officer of the Licensee may approve the point of supply at a place beyond ### 30. meters from the main gate, if he is satisfied that such place is (a) easily accessible and visible to the officials of the licensee (b) is safe and secure and (c) is not susceptible to mal practice. Also there shall be no compromise on technical grounds, while relaxing the distance criteria.]] ### 43. Interpretation. - These terms and conditions shall be read and construed as being subject in all respects to the provisions of the Act, Rules, and regulations in force and as amended from time to time. Chapter 7 Recovery Charges ------------------------------- ### 44. The Licensees are entitled to collect the charges from a person requiring supply of electricity any expenses reasonably incurred in providing any electrical line or electrical plant used for the purpose of giving that supply. These charges have also to be reviewed either periodically or at times of an urgent need for a revision. The consumers are liable to pay such charges as applicable and at the rates specified by the Commission from time to time through separate orders/ notifications. The various charges to be collected are furnished in the following clauses. ### 45. Service Connection Charges. (1) Regarding the recovery relating to service connection charges: (i) For connecting up an installation, the Licensee shall be entitled to charge the consumer the actual cost of materials upto meter board, labour, transport plus overhead charges. (ii) Extension, improvement or alteration to service lines to meet any additional demand will be charged on the same basis. In each case, the consumer will be furnished with an estimate of the cost of the work and this amount is payable in advance. On completion of the work, a bill for the actual amount payable will be forwarded to the consumer and any difference shall be paid by the consumer or will be refunded by the Licensee as the case may be. (iii) The estimate for service connection charges may also include the service connection charges for metering referred to in regulation 45(2). The licensee shall give due credit for the materials if any supplied by the consumers. (2) Service connection charges for metering: The licensee is authorized to collect service connection charges for metering. ### 46. Meter Security Deposit. - The Licensee is authorized to collect security for the price of meter from LT/FIT consumers at the rates specified by the Commission from time to time and enter into an agreement for hiring of the meter. The Licensee may permit the consumer to install his/her own meter. However, it shall be calibrated by the Licensee. Note: - 1. The above rate shall also apply to L.T. Temporary Supply. ### 2. Interest is payable on the above deposit at the rate specified by the Commission from time to time. The deposit shall be refunded after termination of service agreement, as per rules. ### 3. If a consumer elects to purchase his own meter, he is not required to pay Meter Security Deposit. ### 47. Development Charges. - The Licensee is authorized to collect development charges from LT/HT consumers at the rates specified by the Commission from time to time. Note: - (1) The above development charges (one time payment) shall be collected from all applicants both for new and additional loads. (2) For additional loads applied in the existing service the same rates are applicable. (3) In case of conversions from Single Phase to Three Phase the difference in the development charges shall be collected provided the initial development charges were paid while availing Single Phase Service. (4) One fourth of the development charges shall be applied to temporary supplies. ### 48. Earnest Money Deposit (EMD) . - The Licensee is authorized to collect Earnest Money Deposit from all applicants for HT and LT industrial applicants at the rates specified by the Commission from time to time. This will be adjusted against the quantum of initial Security Deposit payable by the applicants before availing supply. ### 49. Security Deposit. - The Licensee is authorized to collect initial security deposit at the rates specified by the Commission from time to time. Wherever Earned Money Deposit has been adjusted against the initial security deposit the balance if any will be collected from the applicants before giving supply. ### 50. Code to be read along with Supply Code, Electricity Act 2003 and amendments etc. (1) This Code shall be read along with the Supply Code, the Tamil Nadu Electricity Grid Code and other relevant provisions of the Act, along with amendments thereon, rules and regulations made there under. (2) Where any of the provisions of this Code is found to be inconsistent with those of the Act, rules or regulations made hereunder, not withstanding such inconsistency, the remaining provisions of this Code shall remain operative. (3) Where any dispute arises as to the application or interpretation of any provision of this Code, it shall be referred to the Commission whose decision shall be final and binding on the parties concerned. (4) Wherever extracts of the Electricity Act 2003 are reproduced, any changes / amendments to the original Act shall automatically be deemed to be effective under this Code also. Chapter 8 Code Review Panel -------------------------------- ### 51. Appointment of Code Review Panel etc. - (1) The Commission may appoint a Code Review Panel (hereafter in this Chapter referred to as "Panel") consisting of - (a) A Chairperson at the level of Director of the Distribution Licensee. (b) A Member Secretary, who shall be the Chief Engineer/Commercial of the Distribution Licensee. (c) One Member from the SLDC who is not below the rank of Chief Engineer. (d) Three representatives from the Distribution Licensee who are not below the rank of Chief Engineer and one representative from the Distribution Licensee who is not below the rank of Chief Financial Controller. (e) One representative from LT domestic consumer sector, one from LT commercial sector, one from LT industry sector and one from LT agricultural consumer sector. (f) One member representing the EHT / HT consumers. (g) One member representing open access consumers. [(2) The Member Secretary shall arrange for the Panel meeting. The tenure of the members mentioned under clauses (e), (f) and (g) of sub-regulation (1) shall be three years. The members, on expiry of their term, are not eligible for re-nomination.] [Substituted by Notification No. TNERC/DC/8-19, dated 01-07-2014.] (3) The functions of the panel are - (a) to review the working of various provisions of this Code, the Tamil Nadu Electricity Grid Code and the Supply Code.; (b) to consider the suggestions received from Licensees, consumers and other interested persons; (c) to consider and offer its views on any specific matter as may be referred to it by the Commission. (4) Manner of reviewing the Code - (i) Any licensee, consumer or other interested persons desiring any change in this Code shall send the proposal in writing to the Panel specifying the reasons for such change and setting out the attendant circumstances. For this purpose, the licensee may hold meetings with the consumer or group of consumers if it is considered that the Code may require changes to meet the individual requirements of the consumer or group of consumers. (ii) The Panel shall, upon receipt of such proposal or where the Commission has made a reference, forward the same to the STU for its consideration and written comments. (iii) The Panel shall convene a meeting of its members to consider the comments of the STU, and if necessary at its discretion, invite and hear the person who made the suggestions for change and other interested persons and also the local authorities and telecommunication companies. (iv) The Panel may, in considering the suggestion and the comments of the STU thereon, set up sub committees to study the related issues. (v) The Panel after finalizing its views on the modifications to the Code, forward the same to the Commission: Provided that the Panel may supplement its own procedure in addition to the procedure laid down herein for conducting its meetings and in carrying out its functions. (5) The Commission may approve the changes with or without modification as it may deem fit and cause the publication of the same in such manner as may be necessary. Annexure I Load Data for Demands of 1 MW and above (Refer clause 6(3) ) ### 1. Type of Load ### 2. Minimum Demand (KVA) ### 3. Year/Years by which full / part supply is required ### 4. Load location details ### 5. Rated Voltage and Frequency ### 6. Expected load curve ### 7. Withstand level of equipments/devices for the fluctuations, surges, swells, flickers and spikes ### 8. Characteristics of the loads (State whether the loads are steel melting furnace Arc/induction furnace and rolling mills, traction, containing welding sets in large numbers, software, park, etc) (Furnish location map to scale, indicate details of nearest consumer and category / capacity) i. Motors ( with a specific focus on variable speed motors; soft start motors; fans; Blowers etc.) (State purpose and number of Installations, voltage and KW rating, starting current, type of Motors, types of drives and control arrangements.) ii. Heating (Type and KW rating) iii. Furnace (Type, Furnace Transformer Capacity and voltage ratio) iv. Computer, Inverters, UPS and other switched mode supply unit v. Electrolysis (Purpose, kVA capacity) vi. Lighting (types of lighting used) (Low loss energy conservation lamps, fluorescent Lamps, M.V Lamps, Sodium Vapour lamps) demand in kVA vii. P.F improvement capacitors/ Capacitor Banks (Nos, Capacity in MVAR) viii. Air conditioning / Chilling plant ix. Electronic Regulator for fan x. Phase unbalance imposed on system (a) Maximum (%) (b) Average (%) ### 9. Maximum harmonic content imposed on the supply system on the end consumer level in percentage of fundamental voltage/current. ### 10. Details of any loads, which may cause demand fluctuations of greater than 10 MW at the point of connection, including Voltage Dips (percentage) lasting for 5 seconds and more MVAR/KV MW/Hz MVAR/Hz (Furnish details of devices included in system for the suppression of harmonics i.e. the details of harmonic filter in use.) ### 11. Details of Captive Power Plants: Annexure II System Data to Be Provided to the Intending, Consumep With A Contracted Demand of 1 MW or More (Refer clause 6(3) ) ### 1. A topographical map indicating the area of the licensee's supply network in the State of Tamil Nadu. ### 2. Single line diagram of distribution system (OH lines / UG cables -length and conductor sizes) Primary and secondary substation capacity in KVA, capacitor bank sizes, fault level etc. to be indicated, (restricted area of concern for the prospective consumers) ### 3. Protective relaying and metering arrangements at substations ### 4. Details of the substation and its main equipments (Transmission/Sub Transmission) along with a single line diagram of the SS. Furnish the details of Auto/Power Transformer | | | | --- | --- | | Capacity in MVA | Primary KV | | Voltage rating | Secondary KV | | Current rating | Primary Amps | | | Secondary Amps | | Tap changing | off load / on load | | Range | ..% to +...% | | Percentage impedance | ....percent | | Vector group | .... | | Impulse level (BIL) | .....KVP | | Fault level of the system | ..... MVA | | Earthing system | solidly earthed or not | | Power frequency voltage | ..KV for one minute withstand | | Circuit breakers | Type: Vacuum/SF6/Oil (OMCB,OCB) | | | Current rating | | | Voltage rating | | | Rupturing capacity in (KA) | | | Symmetrical Asymmetrical | | | Impulse withstand level KVP | | | Operating mechanism | | Surge arrester | (Gapless) - MCOV | | | Surge current rating | | | (Gapped) - rated voltage | | | Surge current rating | | Provision of spiked Mats for the Power/ Auto Transformer | | | Ground wire for the station | | | Line entrance Arrester | | | Earth mat | | Current Transformer | Type: Rated voltage | | | Current ratio | | Potential Transformer | Type: Rated voltage | | | Burden | | Capacitor Bank | MVAR/Bank | | | Voltage rating ...KV | | | Current rating ...Amp | | Fire fighting equipment | Type - Nos | | (Details) | | Annexure III Formats | | | | --- | --- | | FORM 1 | Application Form for L.T. Service Connection (except agriculture and hut) | | FORM 2 | Application Form for Agriculture Service Connection | | FORM 3 | Application Form for Hut Service Connection | | FORM 4 | Application Form for H.T. Service Connections (including additional demand) | | FORM 5 | Owner Consent Letter for getting New Supply | | FORM 6 | Indemnity Bond from the Occupier when there is no Consent letter from owner | | FORM 7 | L.T. Agreement for Industrial / Agricultural Services | | FORM 8 | H.T. Agreement Form | Form I Application Form For L.T. Service Connection (Except Agriculture And Hut) Form Of Requisition For Supply Of Low Tension Energy (Single Phase / Three Phase) (Refer clause 27(3) ) To The Designated Engineer (Address of the Licensee) Sir, ### 1. I hereby require you to supply electrical energy to the premises hereinafter described. (Note this undertaking does not preclude a separate written contract being entered into, if so desired by the Licensee or the consumer.) ### 2. I agree to pay for said energy, service connection and other dues including the deposit of such security, meter rent, as may be demanded in accordance with the scale of rates prescribed under Tamil Nadu Electricity Distribution Code, Supply Code, notifications and orders issued in this regard by Tamil Nadu Electricity Regulatory Commission. ### 3. I wish to be charged under Tariff........... under schedule of the TNERC tariff order dated. ### 4. 1 agree to take supply for............years and utilize the energy in the premises described hereunder or outside the premises for my bonafide use. ### 5. In case I sell or otherwise dispose of the property / vacate the premises while the supply is continued, I agree to give one Calendar month notice in writing and pay all the arrears to the Licensee. Failing such notice, I hold myself responsible for energy consumed in the premises till such notice is given to the Licensee. ### 6. Description of the premises Door No. and / or name of the house or premises Street Town / village and Taluk Owned by (Name in Block letters) Tenanted by (Name in block letters) Applicant's correspondence address ### 7. The following are my requirements: | | | | | | | --- | --- | --- | --- | --- | | (A) | Lighting | Number of point's | Wattage of point's | Total wattage | | | (i) Lights | - | - | - | | | (ii) Fans | - | - | - | | | (iii) Convenient wall plugs | - | - | - | | (B) | Domestic electrical apparatus: | | | | | | (i) Cookers | | | | | | (ii) Water heaters | | | | | | (iii) Refrigerator | | | | | | (iv) Air Conditioners | | | | | | (v) Other purpose | | | | | | (vi) Convenience wall plugs | | | | | (C) | Power Loads | | | | | | (i) Domestic | | | | | | (ii) Industrial | | | | | | (iii) Welding | | | | | | (iv) Other purposes | | | | | | (v) Convenient Wall Plugs | | | | Demand applied for in KW The wiring has been completed on: | | | | --- | --- | | Place: | Signature of the Consumer | | Date: | | Note: The application shall be accompanied with the following documents: (i) Proof of ownership (sale deed or property / water / sewerage tax receipt) (ii) Consent letter from owner wherever applicable For Licensee's Use Only Application registered as No............dated........... Note: - 1. In case of transfer of the service, fresh application should be signed by the transferee (or a letter signed by both the transferor and transferee, agreeing to the above conditions for transfer should be obtained). ### 2. Additions or omissions to the connected load to be notified to the Licensee before effecting the electricity connections. Precaution to be Adopted by Consumers, Owners Electrical Contractors, Electrical Workmen, and other Suppliers of Energy No electrical installation work, including additions, alterations, repairs and adjustments to existing installations except such replacement of lamps, fans, fuses, switches and other component parts of the installations as in no way alter its capacity or character shall be carried out upon the premises or on behalf of any consumer or owner for the purpose of the supply of energy to such consumer or owner, except by an authorized person specified by the Authority. Form-2 Application Form For Agriculture Service Connection (refer clause 27(2) Application For Supply of Power To Agricultural Pump Sets (Note: The application should be signed by the owner of the well, if there are partners, all must sign or consent to be given by co-owners) To The Designated Engineer, (Address of the Licensee's Distribution Centre) ### 1. Name of owner of the well or partners ### 2. Full residential address of the owner or partners ### 3. S.F. No. in which the well is situated ### 4. Revenue village name,Taluk and District ### 5. Area and type of land to be irrigated by this well (Wet / Dry) ### 6. Horse Power of motor pump sets proposed to be installed. ### 7. Type of pump set (Centrifugal/ Submersible/ Air compressor) ### 8. Consent to abide by R&C of Licensee with regard to duration of supply It is certified, I am the sole owner of the well / this application is signed by all partners | | | | --- | --- | | Place:Date: | Signature of the Applicant/Partners | Note: The document such as FMB map showing the location of the well, patta, chitta, adangal etc., shall be enclosed with the application. Date of receipt in the Office of the Engineer,.............Certified that the open well / bore well and lands measuring ............ acres and ........./cents in S.F.No Village .......... of ........ Taluk is Exclusively owned by Thiru....................s/o................... of..................Village Jointly owned by List of owners (1) ...................s/o......................... (2) ...................s/o.............:........... (3) ...................s/o......................... Certified that Thiru.....................s/o.................is small /big farmer(s) Village Administrative Officer. Form 3 Application For Hut Service (Refer clause 27(3) (Form of Requisition For Supply of Low Tension Energy 40 Watts To Huts In Panchayats) To The Engineer of the Licensee Sir, ### 1. I hereby request you to supply electrical energy to my hut described below: ### 2. I agree to pay for energy, service connection meter rent and other charges including security deposit as demanded in accordance with the regulations prescribed by Tamil Nadu Electricity Regulatory Commission. ### 3. I wish to be charged under Tariff ............... under schedule of the TNERC tariff order dated. ### 4. I agree to receive supply only for 40 W lamp and utilize the energy for my hut described hereunder and I agree that the authorities may disconnect the service connection in case I utilise the energy above 40 W. ### 5. In case I sell or otherwise dispose of the hut, I agree to give one Calendar month notice in writing and pay all the arrears to the Licensee. ### 6. I will make arrangements to make the single point wiring for lighting in my hut in accordance with the Code provisions and the safety rules prescribed by the Authority . I request the Licensee to provide single point wiring for lighting in my hut and the necessary payment will be made by me. ### 7. Self Declaration The service connection applied for the hut is owned by me and (a) it is built in my patta land (Land Tax Receipt is enclosed) (b) it is built in the private land and No Objection Certificate obtained from the landowner is enclosed. (c) it is built in the poromboke land and No Objection Certificate obtained from the Officer (not below the rank of Deputy Tahsildar) is enclosed. (d) [ It is built in the poromboke land and I furnish the following undertaking, - [Inserted by Commission's Notification No. TNERC/DC/8-3 dated 31/05/2006 (w.e.f.21.6.2006).] (1) I am aware that I am liable to be evicted and for supply disconnection at any time if the lands are required by the Government and / or any dispute arises at a later date and that electricity supply given in this regard will not confer any claim on ownership of the land. (2) I am aware that the above undertaking shall not confer permanent and full right to the ownership of the land. (Delete clause not applicable)] ### 8. Description of the premises (a) Name of the applicant (b) Father's Name (c) Adi Dravidar / Other Castes (d) Survey No. / identification of hut (e) Area of hut (f) Whether the hut constructed with clay soil / thatched roof (g) Village and Taluk (h) Tenanted by (Name in block letters) (i) Applicant's correspondence address Signature of the Consumer/left thumb impression Form 4 Application For H.T. Service Connections (Including addl. Demand). Form of Application of New Supply or Additions To Connected Load and Have Maximum Demand Exceeding 63 KVA. (Refer clause 27(3) ### 1. Name of Electricity supply Licensee and registered address: ### 2. Name of consumer and registered address ### 3. Address of consumer's premises at which supply is required ### 4. Nature of service ### 5. Voltage rating at which H.T. supply is required. ### 6. Data on consumers load | | | | --- | --- | | | Notified connected load in H.P. | | Description | | | As on date | | | Subsequent additional sanction | | | Estimated requirement now applied | | | Total | | | Brief details of industry to be served | | | No. of shifts | | | Probable date of load maturing | | | Remark if any regarding essentiality of supply | | Signature of Consumer Name (in capital letter) Date: Office Seal. [ Note: The application shall be accompanied by the following documents: - [[Substituted by Commission's Notification No. TNERC/DC/8-5 dated 20-07-2006 (w.e.f. 16.8.2006) ivhich before substitution it was as under: 'Note: (1) The application shall be accompanied by the following documents • Proof of oumership of the premises (or) Registered lease deed • Partnership deed in case the applicant is a partnership firm • Memorandum / Articles of Association in case of companies registered under Companies Act • Letter /Resolution authorizing the signatory • Site Plan ']] (1) (a) When the applicant is the owner of the premises: Certified copy of the sale deed for the premises executed in his favour (or) Property Tax receipt for the premises in the name of the applicant, (b) When the applicant is not the owner of the premises: Consent letter from the owner of the premises (or) Proof of legal occupation (including lease deed) along with the following: (a) Indemnity Bond in Form 6 (b) Letter of acceptance to pay security deposit at twice the normal rate. (2) Partnership deed in case the applicant is a partnership firm or Memorandum / Articles of Association in case of companies registered under Companies Act. (3) Letter / Resolution authorizing the signatory (4) Site Plan ] ### 7. Data to be furnished by Licensee | | | | | | | | --- | --- | --- | --- | --- | --- | | Estimated increase in M.D. of theundertaking if any, the application is recommended | Capacity of existing services if any | Nature of supply DC/AC voltage or low voltage etc. | Brief list of materials required i.e. cable transformer switch gear etc. | Approximate cost of giving service | Any other remarks affecting the supply undertaking with particular ref. to plant site location of consumer installation | | Materials in stock | Materials to be ordered | | 1 | 2 | 3 | 4 | 5 | 5 | ### 8. Information regarding priority whether there is any prior H.T. applications in the connected area awaiting supply of power Note: For the purpose of priority, the area served by the sub-station feeder will be taken into account. Signature of Licensee's Engineer Form 5 Owner Consent Letter For Getting New Supply. (Refer clause 27(4) To The Designated Engineer (Address of the Licensee) Owner's Consent Letter I.............................have...................being the legal owner...................of the premises No............................. hereby agree as follows- I consent to the installation by you at the above mentioned premises tenanted by Thiru / Thirumathy.................................of electric service cables, meters, wiring, fittings and other equipments for the supply of electricity (hereinafter called "The Installation") under the terms of an agreement between you and the tenant of the above said premises. In the event of the above said tenant vacating the aforesaid premises, I shall give you due notice fifteen days advance to enable you to arrange for the termination of your contract with the aforesaid tenant failing which I shall be responsible for any loss that may accrue on that account. Signed by the said...................................the presence of ................ Witness Name............................ Address................................. Form 6 (To be obtained in a stamped paper). (Refer clause 27(4) Indemnity Bond from the occupier when there is no consent letter from owner. Indemnity Bond to be furnished by an intending consumer who is not the owner of the premises and applies without the consent of the owner. Deed of Indemnity This Deed of Indemnity Executed on This, The ................Day of .............. Two Thousand by Thiru/Tmt .......................... S/o. D/o W/o..................................... residing at ............ having office / workshop at .................. hereinafter called the indemnifier (which terms shall mean and include executors, administrators, heirs, successors and assigns) to and in favour of the (name of Licensee and address), a body corporate, hereinafter called the Licensee (which terms shall mean and include its successors in office and assigns). Whereas the consumer has taken on lease the premises in Door No...........for the purpose of.........................from Thiru/Tmty......................S/o D/oW/o...................residing at.................who is the owner of the above said premises. And Whereas the consumer has approached the said owner of the premises to give his /her consent in writing to avail of a service connection in his/her name for the purpose of his / her business. And Whereas the said owner is not available/has refused to give his/her consent in writing for the purpose. And Whereas the indemnifier has requested the Licensee to give a service connection in his/her name subject to execution of an indemnity bond by him/her indemnifying the Licensee against any damage or loss caused to the Licensee in respect of the service connection in his/her name. And Whereas in consideration of the acceptance of the above for a service connection in his/her name, the indemnifier hereby agrees to indemnify the Licensee against all proceedings, claims, demands, costs, damages, expenses which the Licensee may incur by reason of a fresh service connection given to the indemnifier without the consent of the owner of the premises. The indemnifier further undertakes to make good any sum that may be found to be and become payable to the Licensee with regard to all liabilities and claims personally as well as by means of both movable and immovable properties. The indemnifier agrees 'that the enhanced Security Deposit paid by him shall be adjusted against the arrears of current consumption charges but also against any claim that may arise in the event of termination of the agreement prior to the expiry of the contracted period. The indemnifier further undertakes that the Licensee shall be at liberty to disconnect the service connection given to him/her and also for loading the dues remaining unpaid by him/her to other service connection (s) that may stand in his/her name. Now the Condition of the above written bond is such that if the indemnifier shall duly and faithfully observe and perform the above said conditions, then the above written bond shall be void, otherwise the same shall remain in full force. In Witness Where of Thiru/ Tmt....................................the indemnifier has signed this deed on the day month and year herein before first mentioned. Signed and Delivered By In the presence of Witness (Name and Address)- ### 1. ...................................................... ### 2. ...................................................... Form 7 L.T. Agreement For Industrial / Agricultural Services (Refer clause 33(1) (Licensee Name) L.T. Agreement Form (i) Scheme No............. Name of Extension (ii) Sanction No.......... Name of consumer Security Deposit Permanent Receipt No.................dated........... Stamp fee of Rs............Collected in Receipt No...........Date........... S.C.No,............... Distribution................... Date of Service Connection (Date of Supply).............. Date of commencement of agreement........................ Form of Agreement to Be Taken From Consumers for Supply of Low Tension Electrical Energy and Miscellaneous Charges Connected Therewith Agreement made this.......................day...................of ................Two thousand and...................between the (Name of the Licensee) a body corporate for distribution of electricity in the area (Hereinafter referred to as the Licensee which expression shall include its representatives) of the one part, and...............(Hereinafter referred to as "the Consumer" which expression shall include his/her heirs, executors, administrators and Legal Representatives and permitted assigns) of the other part, whereby it is agreed as follows - ### 1. Conditions of Supply. - The Licensee shall furnish to the Consumer and the Consumer shall accept at the premises mentioned in the Schedule hereto on and from the date on which the said premises shall be connected with the Licensee's distributing main a constant supply of electrical energy for the purpose and up to the maximum specified and under the conditions laid down in the Distribution and Supply Code. But the Licensee or its employees, servants or agents will not be responsible for any interruption or diminution of the supply due to lockouts, strikes of the employees of the Licensee, breakdown of machinery or plant, flood or other force majeure or any other cause beyond the control of the Licensee. The conditions if any imposed by the licensee based on the directions of the Commission shall bind the consumer. The Consumers shall commence to take supply within a month from the date of receipt of intimation from the officers of the Licensee that supply is available unless the consumer, in the opinion of the Engineer, is unable to do so for causes reasonably beyond control. Where the supply is not availed of within one month from the date of intimation as aforementioned, the sanction for the load shall lapse and this agreement also shall stand cancelled. [\*\*\*] [[Words 'The energy shall be utilized within the premises mentioned in the schedule hereto or outside the premises for the bonafide use of the Consumer. In case of difference of opinion as to whether any utilisation of energy outside the premises is for the bonafide use of the consumer, the matter shall be referred to the Engineer, whose decision shall be final.' omitted by Notification No. TNERC/DC/8-19, dated 01-07-2014.]] The consumer shall permit the Licensee free of cost to erect the posts, transmission line, structures and other apparatus necessary for the supply of electrical energy under this agreement over the land belonging to the Consumer and the Consumer shall have no claim whatsoever on account of any damage to his/her, property by reason of such erection of, or any other work on the posts transmission lines, structures and other apparatus. The Consumer agrees to take supply under any conditions of restrictions of load and time that may be fixed by the Licensee from time to time and to pay the minimum under this agreement in full notwithstanding such restrictions. Supply is liable to be restricted, staggered or cut off altogether, as the case may be, if the power position or any other emergency warrants such a course of action. Tire Licensee reserves the right to periodical shut down as and when required for purposes of routine maintenance after giving reasonable notice to the Consumer. ### 2. Payment For Service Lines Etc., - The consumer shall pay to the Licensee on demand the cost of any service lines in respect of which requisition has been made. ### 3. Meters. - The supply shall be measured and registered by a meter or meters in or upon the said premises to be provided, fixed and kept in proper order by the Licensee and such meter or meters shall remain the property of the Licensee. The consumer shall pay to the Licensee for each meter on hire the monthly rent as specified by the Commission from time to time. [In the event of any meter ceasing to register or being found defective, the consumption during the period of such cessation or the existence of such defect shall be based on the average consumption of the preceding or succeeding four months, as the case may be as stipulated in the supply code.] [[Substituted by Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f.27.2.2008) before substitution it reads as under: 'In the event of any meter ceasing to register or being found defective, the readings during the pei iod of such cessation or the power consumed during the period the meter was defective shall be based on the average consumption of the previous four months.']] No meter rent shall be collected from the consumer who opts for providing his/her own meter. ### 4. Reading of Meters. - Readings of the meter or meters will be taken by the employees of the Licensee once in each month or at such other intervals or times, as it shall think expedient and such meter readers shall have access to the Consumer's premises at all reasonable times, for the purpose of taking such readings. [The reading of each meter shall be entered by such reader in the Meter Card supplied to the consumer, which shall be open to the inspection of the Consumer] [[Substituted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f.27.2.2008) before substitution it was as under: 'The reading of each meter shall be entered by such reader in the consumer meter card to be attached to such meter, which shall be open to the inspection of the Consumer.']]. Payment for energy supplied shall be made by the consumer according to the reading referred to above of each meter and the charges recorded in the card by the Licensee. The Licensee shall be entitled to discontinue supply if the consumer fails to give the employees of the Licensee reasonable facilities to enter the premises for the inspection, testing or removal of its supply lines meters, fitting works and apparatus and the Licensee has given in writing 24 hours notice of its intention so to discontinue. ### 5. Faults In Meters. - If the consumer shall at any time consider that any such meter is not in proper order and does not correctly register the quantity of the supply, the Engineer will on receipt of a representation in writing in that behalf from the consumer take necessary steps to have the same tested. If upon such test, it be found that the meter registers the supply within the limits of error as per applicable rules etc., the Consumer shall pay to the Licensee on demand all costs of and incidental to such test. If, however, upon such test it shall be found that the meter registers the supply in-excess of the limits of error, all costs of and incidental to such test shall be borne by the Licensee. If, however, the mean error be found to be more than that specified above, the Engineer will deduct from or add to the account for the preceding period of four months an amount equivalent to the error. [6. Tariff and Payment. - For all Electrical energy so supplied, the Consumer shall pay to the Licensee at the tariff/minimum rates that may be decided by the Commission from time to time] [[Substituted by Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008) before substitution stood as under: ### 6. Tar1ff And Payment: 'For all Electrical energy so supplied, the Consumer shall pay to the Licensee at the rates given below and in accordance with the terms contained, in this agreement, provided that the minimum rates at least specified herein shall be paid irrespective of whether energy to that extent has been consumed or not.' NOTE: The above tariff and the minimum are subject to any revision and or levy of surcharge that may be decided by the Commission from time to time.]] ### 7. Consequences of Non-Payment. - If the amount of such bill remains unpaid on the expiry of the due date the Licensee may give the consumers [Fifteen days Notice] [Substituted for the expression 'Fifteen Notice' by Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] of his/her intention to discontinue the supply of electrical energy and at the expiry of such period if payment has not been received, may forthwith disconnect the supply and keep the same disconnected until payment of all moneys due under this agreement and the charges for the work of disconnection and reconnection has been made. If the consumer fails to pay the amount of such bill due under this agreement within the notice period for payment as per the supply code, he shall in addition and without prejudice to the other rights and remedies of the Licensee, pay a surcharge of one and half percent per month. Such disconnection of the supply of electrical energy shall not relieve the Consumer of his/her liability to pay the minimum charge and the guaranteed revenue provided for herein, nor shall it affect any right, claim demand or power which may have accrued to the Licensee hereunder. ### 8. Security Deposit. - [\*\*\*] [The consumer The word 'shall' omitted by Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] on being there unto required in writing by the [Licensee shall] [Substituted for the expression 'Licensee' by Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008)] deposit with the designated Officer of the Licensee the sum of Rs......(Rupees as security for the purpose next herein after mentioned and shall on a similar requisition from the Designated Officer from time to time renew or replenish such security in the event of the same becoming exhausted or insufficient. Interest shall be paid on deposits at the [rates] [Substituted for the expression 'rate of' as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] notified by the Commission from time to time. Full calendar months shall be taken for the purpose of calculating interest, which shall be calculated to the nearest rupee. The interest accruing to the credit, of the Consumer shall be adjusted as provided for in the supply code. The designated Officer, shall be at liberty at any time and from time to time to appropriate and [adjust] [Substituted for the expression 'apply' as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f 27.2.2008)] the Security so deposited as aforesaid in or towards payment or satisfaction of all or any money which shall become due or owing by the Consumer to the Licensee in respect of the supply of energy or otherwise under this agreement but the provisions contained in this clause shall not prejudice any other remedy to which the Licensee may be entitled for the recovery of such money. ### 9. Termination of Agreement. - The agreement can be terminated by the consumer at any time by giving one-month notice in writing to the Licensee expressing his intension to do so. In such case the consumer shall pay to the licensee, from the date commencement of supply till the agreement is terminated, [\*\*\*] [Words 'security deposit' omitted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008)] , minimum monthly charges, fixed charges, if any and other charges. The Licensee can terminate agreement at any time by giving one month notice if the consumer has violated the terms of the agreement or the terms and conditions of the Distribution Code or provision of any law relating to the agreement including the applicable Acts and Rules and other orders [issued by the Commission from time to time] [Inserted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] . The Licensee shall inform the consumers the grounds for such termination: Provided always the consumer may at any time with the previous consent of the Engineer transfer his rights under this agreement to any other person approved by the Engineer and upon acceptance by such transferee of a valid assignment of these presents, this agreement shall become binding on the transferee and licensee as from date of acceptance and take effect in all respect as if the transferee had originally been [party] [Substituted for the expression 'partly' as per Commission's Notification No. TNERC/D/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] hereto, in place of the [consumer] [Substituted for the expression 'customer' by Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f 27.2.2008).] , who shall thenceforth be discharged from any further liabilities under or in respect hereof, without prejudice, however, to any claim by the licensee against the consumer in respect of any prior breach of this agreement by the consumer. ### 10. Sale or Transfer of Premises. - If the consumer shall, at any time during the continuance of this agreement intend to sell or otherwise dispose of the properties to vacate the premises to which electric supply is given or contracted for, he shall give [prior] [The word 'previous' omitted by Commission's Notification No.TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] intimation to Engineer of his intention to do so and clear off all the dues to the Licensee up to that date. Upon receipt of such intimation and with effect from the date specified in such intimation the agreement in so far as the consumer is concerned shall cease to operate but without prejudice to any claim or right which may have accrued to the parties there under. If the consumer fails to give intimation as mentioned above he shall continue to be liable to pay the charges for consumption and other charges as under this agreement even beyond the date on which the premises is sold / vacated. ### 11. Applicability of Acts and Regulations. - This agreement shall be read and construed as subject in all respects to the provision of the applicable Act and Regulations as noted in Distribution Code and Supply Code and of any modification or re-enactment thereof for the time being in force and the regulations for the time being in force there under so far as the same respectively may be applicable and subject to the conditions of supply approved from time to time [by the Commission] [Inserted by Commission's Notification No.TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] . ### 12. Savings As To Clerical Error - (a) In the event of any clerical errors or mistakes in the amount levied, demanded or charged by the Licensee then in the case of undercharging, the Licensee shall have a right to demand an additional amount and in the case of over charging the consumer shall have the right to get refund of the excess amount provided at that time such claims were not barred by limitation under the Act. [\*\*\*] [The word 'provision' omitted by Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008)] (b) The parties hereby further agree that the amount claimed in the bill shall be payable within the time allowed, irrespective of any decision to be taken regarding any disputes about its correctness or otherwise of the amount levied demanded charged by the Licensee. The Licensee shall have a right to proceed in accordance with the Act, on the basis of the amount claimed in the bills, till it is proved or established that the amount claimed was in excess of what was actually due. The consumer shall not on the plea of incorrectness of the bills withhold any portion of the bills. ### 13. General. - The other conditions of supply in this agreement are also subject to any revision that may be decided by the Licensee as per the directions of the Commission from time to time. Description of the Premises at which Supply is to be given [l. (a) District [Substituted by Commission's Notification No. TNERC/D/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] (b) Taluk. (c) Town/Village (d) Door No./Survey No./ Street (e) Street name / area (2) Supply Details (a) Purpose of Supply (b) Single or Three phase. (c) Voltage (d) Tariff (3) Connected Load details KVA / KW/HP Maximum connected load required by the consumer. ] In witness thereof..........................................the Engineer acting for and on behalf of the Distribution Licensee and.................... (consumer) have hereunto set their hands and seals the day, month and year first above written. [Engineer] [The word 'Engineer' shown in the left hand corner at the bottom end of the agreement shall be shown in the right hand corner as per Commission's Notification No. TNERC/DC/8-8 dated8.2.2008 (w.e.f 27.2.2008).] Witness, [with address] [Inserted by Commission's Notification No. TNERC/D/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] ### 1. ### 2. [\*\*\*] [The words 'Postal Address' omitted as per Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008(w.e.f. 27.2.2008)] Signature of the Consumer Form 8 H.T. Agreement Form (Refer clause 33(1) This Agreement made this .................................... day of .............................. between. (Name of the Licensee) a body corporate for distribution of electricity in the area, called Licensee (which expression shall include its legal representatives and assigns) of the one part And ...................................................... hereinafter called the 'consumer' (which expression shall include its successors, legal representatives and assigns) of the other part. Whereas the consumer has requested the Licensee to supply electrical energy for a maximum demand of ........... KVA at H.T. / E.H.T. for the purpose of light and power and the Licensee has agreed to afford such supply to the consumer in Ref. No...........on the terms and conditions of the Distribution Code, Supply Code and Grid Code wherever applicable and those hereinafter contained and whereas the consumer availed the supply on...... Whereas an additional load of................................ KVA was sanctioned to the consumer in Ref. No. ....................... totaling in all to a Maximum demand of...................KVA. Whereas the consumer has on..........................given an under-taking to execute an agreement with the Licensee. Now it is hereby declared and agreed as follows: ### 1. Load Maximum Demand. - Subject to the provisions hereinafter contained, the Licensee shall supply and the consumer shall take from the Licensee electrical energy for a maximum demand not exceeding......................KVA which shall be its contracted demand for its exclusive use for the purpose above mentioned at the premises of its Factory/ Mills, at........................ The connected load shall be..............KVA / KW / HP............The consumer shall not effect any change in the maximum demand or connected load. ### 2. Date of coming into force of the agreement - The Consumer shall begin to take electrical energy from the Licensee subject to the conditions of this agreement within three months from the date on which intimation is sent in writing to the consumer by the Licensee that supply of electrical energy is available. The provisions of this agreement shall be deemed to come into force from the date of commencement of supply of energy or the date of issue of first three month's notice of availability of supply whichever is earlier. [If the consumer fails to avail the supply within 3 months, a further three months extension will be granted by the Licensee, after collecting the monthly minimum for the extended period in advance. [Inserted by Commission's Notification No.TNERC/DC/8-8 dated 8.2.2008 (w.e.f.27.2.2008).] If the intending consumer fails to avail the supply, within the notice period or within the extended period granted thereof, the application will be treated as cancelled and the agreement will be terminated forfeiting all the amount paid by the consumer except meter security deposit as per the provisions of the Distribution Code] ### 3. Resale of Energy. - The consumer shall not sell the electrical energy obtained under this agreement without the sanction in writing of the Licensee. ### 4. To comply with requirements of Act and Terms and Conditions of Distribution Code and Supply Code. - The consumer hereby undertakes to comply with all the requirements of the applicable Acts, Regulations etc, and Grid code, Distribution code and Supply Code and of any amendments, modifications or reenactment thereof or of any other enactment to be passed in relation to supply made under this agreement from time to time and the rules, regulations or orders etc. made thereunder from time to time, provisions of the Tariffs, Scale of Miscellaneous and other charges and the terms and conditions of supply prescribed from time to time, and the consumer hereby agrees not to dispute their applicability to this agreement. ### 5. Design and Maintenance of equipment of consumer. - All transformers switchgear and other electrical equipment belonging to the consumer and directly connected to the feeders or lines of the Licensee shall be of suitable Design and be maintained to the reasonable satisfaction of the Engineer/ .......... The ratings of the fuses and setting of the relays on the consumer's control gear as well as the rupturing capacities of the consumer's circuit breakers, if any, shall be subject to the approval of the said Engineer. ### 6. Obligation of consumer to pay all charges levied by Licensee. - From the date this agreement comes into force the consumer shall be bound by and shall pay the Licensee, maximum demand charges, energy charges, surcharges, meter rents and other charges, if any, in accordance with the tariffs applicable and the terms and conditions of supply notified from time to time for the appropriate class of consumers to [which such consumer belongs] [Substituted for 'which it belongs' by Commission's Notification No. TNERC/B dated 8.2.2008 (w.e.f.27.2.2008).] . ### 7. Licensee's right to vary terms of agreement.- The consumer agrees that the Licensee shall have the right to vary, from time to time, tariffs, general and miscellaneous charges and the terms and conditions of supply under the directions / regulations or by special or general proceedings of Tamil Nadu Electricity Regulatory Commission. The consumer, in particular, agrees that the Licensee shall have the right to enhance the rates etc. chargeable for supply of electricity according to exigencies again with the approval of Tamil Nadu Electricity Regulatory Commission. It is also open to Licensee to restrict or impose power cuts totally or partially at any time as it deems fit. ### 8. Minimum Monthly Charges. - The consumer agrees to pay minimum charges every month as prescribed in the tariff and supply code even if no electricity is consumed for any reasons whatsoever, and also if the charges for electricity actually consumed are less than the minimum charges. The minimum shall be payable even if electricity is not consumed because of disconnection of supply by the Licensee due to non-payment of electricity charges, pilferage or other mal-practices or for any other valid reason. ### 9. Surcharge. - The tariffs charged by the Licensee are subject to any surcharge that may be levied by the Licensee from time to time as per approval of the Commission. ### 10. Period of Agreement. - This agreement shall remain in force till it is terminated by either party as provided in Distribution code and Supply code In Witness Where of Thiru .................... Engineer,............. acting for and on behalf of the Licensee and Thiru.....................for and on behalf of the consumer have hereunto set their signatures, and the common seal of M/s................has hereunto been affixed. [Signed in the presence of Engineer ### 1. ### 2. The common seal of M/s................... Partner Managing Director Witnesses with Address: ### 1. ### 2. ] Abbreviations | | | | | --- | --- | --- | | 1. | AC | - Alternating Current | | 2. | CERC | - Central Electricity Regulatory Commission | | 3. | CMDA | - Chennai Metropolitan Development Authority | | 4. | DC | - Direct Current | | 5. | FMB | - Field Measurement Book | | 6. | HP | - Horse Power | | 7. | HV | - High Voltage | | 8. | HZ | - Hertz | | 9 | KVA | - Kilo Volts Ampere | | 10. | KVP | - Kilo Volt Peak | | 11. | KW | - Kilo Watt | | 12. | LV | - Low Voltage | | 13. | MCOV | - Maximum Continuous Operating Voltage | | 14. | MV | - Medium Voltage | | 15. | MVA | - Mega Volt Ampere | | 16. | MVAR | - Mega Volt Ampere Reactive | | 17. | MW | - Mega Watt | | 18. | OCB | - Oil Circuit Breaker | | 19. | OMCB | - Oil Minimum Circuit Breaker | | 20. | OH | - Overhead | | 21. | R & C | - Restriction and Control | | 22. | RCC | - Reinforced Cement Concrete | | 23. | R&D | - Research and Development | | 24. | SC | - Service Connection | | 25. | SLDC | - State Load Dispatch Centre | | 26. | SS | - Sub-station | | 27. | UG | - Underground | | 28. | UF | - Under Frequency | | 29 | UPS | - Uninterrupted Power Supply | | 30. | VAR | - Volt Ampere Reactive | [Substituted by Commission's Notification No. TNERC/DC/8-8 dated 8.2.2008 (w.e.f. 27.2.2008).] [[Substituted as per Commission's Notification No. TNERC/DC/8-3 dated, 31/05/2006 (w.e.f21.6.2006). before omission it reads as under: 'Supply shall be given in poromboke land on production of necessary documents as per the directive from the Government from time to time.']]

65ba7fc5ab84c7eca86ebbe1

acts

Union of India - Act ---------------------- Conduct of Elections Rules, 1961 ---------------------------------- UNION OF INDIA India Conduct of Elections Rules, 1961 ================================== Rule CONDUCT-OF-ELECTIONS-RULES-1961 of 1961 ---------------------------------------------- * Published on 15 April 1961 * Commenced on 15 April 1961 1. Amended by [Conduct of Elections(Amendment) Rules, 2020 (Rule 0 of 2020) on 2 July 2020 ] Conduct of Elections Rules, 1961 Published vide Notification S.O. 859, dated 15.4.1961, published in the Gazette of India, Extraordinary, Part 2, Section 3(ii) , dated 15.4.1961 Last Updated 26th November, 2019 [21/951] Part I – Preliminary ---------------------- ### 1. Short title and commencement. (1) These rules may be called the Conduct of Elections Rules, 1961. (2) They shall come into force on the 25th day of April, 1961: Provided that these rules shall not apply to or in relation to any election called but not completed before that date and the Representation of the People (Conduct of Elections and Election Petitions) Rules, 1956, shall continue to apply to or in relation to any such election as if these rules had not been made. ### 2. Interpretation. (1) In these rules, unless the context otherwise requires,- (a) "Act" means the Representation of the People Act, 1951 ( 43 of 1951 ); (b) "ballot box" includes any box, bag or other receptacle used for the insertion of ballot paper by voters; (ba) [ "counterfoil" means the counterfoil attached to a ballot paper printed under the provisions of these rules;] [ Inserted by S.O. 5573, dated 23.12.1971.] [\* \* \*] [ Clause (bb) omitted by S.O. 1294(E), dated 11.11.2003 (w.e.f. 11.11.2003).] (c) "election by assembly members" means an election to the Council of States by the elected members of the Legislative Assembly of a State by the members of the electoral college of a Union territory, or an election to the Legislative Council of a State by the members of the Legislative Assembly of that State; (d) "elector", in relation to an election by assembly members, means any person entitled to vote at that election; (e) "electoral roll", in relation to an election by assembly members, means the list maintained under section 152 by the returning officer for that election; (f) "electoral roll number" of a person means- (i) the serial number of the entry in the electoral roll in respect of that person; (ii) the serial number of the part of the electoral roll in which such entry occurs; and (iii) the name of the constituency to which the electoral roll relates; (g) [ "Form" means a Form appended to these rules and in respect of any election in a State, includes a translation thereof in any of the languages used for official purposes of the State;] [ Substituted by S.O. 3450, dated 9.11.1966.] (gg) [ "marked copy of the electoral roll" means the copy of the electoral roll set apart for the purpose of marking the names of electors to whom ballot papers are issued at an election;] [ Substituted by S.O. 5573, dated 23.12.1971.] (h) "polling station", in relation to an election by assembly members, means the place fixed under section 29 for taking the poll at that election; (i) "presiding officer" includes- (i) any polling officer performing any of the functions of a presiding officer under sub-section (2) or sub-section (3) of section 26; and (ii) any returning officer while presiding over an election under sub-section (2) of section 29; (j) "returning officer" includes any assistant returning officer performing any function he is authorised to perform under sub-section (2) of section 22; (k) "section" means a section of the Act. (2) For the purposes of the Act or these rules, a person who is unable to write his name shall, unless otherwise expressly provided in these rules, be deemed to have signed an instrument or other paper if- (a) he has placed a mark on such instrument or other paper in the presence of the returning officer or the presiding officer or such other officer as may be specified in this behalf by the Election Commission, and (b) such officer on being satisfied as to his identity has attested the mark as being the mark of that person. (3) Any requirement under these rules that a notification, order, declaration, notice or list issued or made by any authority shall be published in the Official Gazette shall, unless otherwise expressly provided in these rules, be construed as a requirement that it shall be published in the Gazette of India if it relates to an election to, or membership of, either House of Parliament or an electoral college, and in the Official Gazette of the State, if it relates to an election to, or membership of, the House or either House of the State Legislature. (4) The General Clauses Act, 1897 ( 10 of 1897 ) shall apply for the interpretation of these rules as it applies for the interpretation of an Act of Parliament. Part II – General Provisions ------------------------------ ### 3. Public notice of intended election. - The public notice of an intended election referred to in section 31 shall be in Form 1 and shall, subject to any directions of the Election Commission, be published in such manner as the returning officer thinks fit. ### 4. Nomination paper. - Every nomination paper presented under sub-section (1) of section 33 shall be completed in such one of the Forms 2-A to 2-E as may be appropriate: Provided that a failure to complete or defect in completing, the declaration as to symbols in a nomination paper in Form 2-A or Form 2-B shall not be deemed to be a defect of a substantial character within the meaning of sub-section (4) of section 36. [4-A. Form of affidavit to be filed at the time of delivering nomination paper. [ Inserted by S.O. 935(E) , dated 3.11.2002 (w.e.f. 3.9.2002).] - The candidate or his proposer, as the case may be, shall, at the time of delivering to the returning officer the nomination paper under sub-section (1) of section 33 of the Act, also deliver to him an affidavit sworn by the candidate before a Magistrate of the first class or a Notary in Form 26.] ### 5. Symbols for elections in parliamentary and assembly constituencies. (1) The Election Commission shall, by notification in the Gazette of India, and in the Official Gazette of each State, specify the symbols that may be chosen by candidates at elections in parliamentary or assembly constituencies and the restrictions to which their choice shall be subject. (2) [Subject to any general or special direction issued by the Election Commission either under sub-rule (4) or sub-rule (5) of rule 10, where at any such election] [ Substituted by S.O. 5573, dated 23.12.1971.] , more nomination papers than one are delivered by or on behalf of a candidate, the declaration as to symbols made in the nomination paper first delivered, and no other declaration as to symbols, shall be taken into consideration under rule 10 even if that nomination paper has been rejected. ### 6. Authentication of certificates issued by the Election Commission. - A certificate issued by the Election Commission under [sub-section (2) of section 9] [ Substituted by S.O. 1542, dated 25.4.1967.] or under sub-section (3) of section 33 shall be signed by the Secretary to the Election Commission and shall bear its official seal. ### 7. Notice of nominations. - The notice of nominations under section 35 shall be in such one of the Forms 3-A to 3-C as may be appropriate. ### 8. [ List of validly nominated candidates. [ Substituted by S.O. 3450, dated 9.11.1966.] (1) The list of validly nominated candidates referred to in sub-section (8) of section 36 shall be in Form 4. (2) The name of every such candidate shall be shown in said list as it appears in his nomination paper: Provided that if a candidate considers that his name is incorrectly spelt or is otherwise incorrectly shown in his nomination paper or is different from the name by which he is popularly known, he may, at any time before the list of contesting candidates is prepared furnish in writing to the returning officer the proper form and spelling of his name and the returning officer shall, on being satisfied as to the genuineness of the request, make the necessary correction or alteration in the list in Form 4 and adopt that form and spelling in the list of contesting candidates.] ### 9. Notice of withdrawal of candidature. (1) A notice of withdrawal of candidature under sub-section (1) of section 37 shall be in Form 5 and shall contain the particulars set out therein; and on receipt of such notice, the returning officer shall note thereon the date and time at which it was delivered. (2) The notice under sub-section (3) of section 37 shall be in Form 6. ### 10. Preparation of list of contesting candidates. (1) The list of contesting candidates referred to in sub-section (1) of section 38 shall be in Form 7-A or Form 7-B as may be appropriate and shall contain the particulars set out therein and shall be prepared in such language or languages as the Election Commission may direct. [\* \* \*] [ Sub-Rule (2) omitted by S.O. 3662, dated 12.10.1964.] (3) If the list is prepared in more languages than one, the names of candidates therein shall be arranged alphabetically according to the script of such one of those languages as the Election Commission may direct. (4) At an election in a parliamentary or assembly constituency, where a poll becomes necessary, the returning officer shall consider the choice of symbols expressed by the contesting candidates in their nomination papers and shall, subject to any general or special direction issued in this behalf by the Election Commission,- (a) allot a different symbol to each contesting candidate in conformity, as far as practicable, with his choice; and (b) if more contesting candidates than one have indicated their preference for the same symbol decide by lot to which of such candidates the symbol will be allotted. (5) The allotment by the returning officer of any symbol to a candidate shall be final except where it is inconsistent with any directions issued by the Election Commission in this behalf in which case the Election Commission may revise the allotment in such manner as it thinks fit. (6) Every candidate or his election agent shall forthwith be informed of the symbol allotted to the candidate and be supplied with a specimen thereof by the returning officer. ### 11. [ Publication of list of contesting candidates and declaration of result in uncontested election. [ Substituted by S.O. 4542, dated 20.12.1968 (w.e.f. 1.1.1969).] (1) The returning officer shall, immediately after its preparation, cause a copy of the list of contesting candidates to be affixed in some conspicuous place in his office and where the number of contesting candidates is equal to, or less than, the number of seats to be filled, he shall, immediately after such affixation, declare under sub-section (2) or as the case may be, sub-section (3) of section 53 the result of the election in such one of the Forms 21 to 21-B as may be appropriate and send signed copies of the declaration to the appropriate authority, the Election Commission and the chief electoral officer. (2) If a poll becomes necessary under sub-section (1) of section 53, the returning officer shall supply a copy of the list of contesting candidates to each such candidate or his election agent, and then shall also publish the list in the Official Gazette.] ### 12. Appointment of election agent. - [(1) Any appointment of an election agent under section 40 shall be made in Form 8 and the notice of such appointment shall be given by forwarding the same in duplicate to the returning officer who shall return one copy thereof to the election agent after affixing thereon his seal and signature in token of his approval of the appointment.] [ Substituted by S.O. 3450, dated 9.11.1966.] (2) The revocation of the appointment of an election agent under sub-section (1) of section 42 shall be made in Form 9. ### 13. Appointment of polling agents. (1) The number of polling agents that may be appointed under section 46 shall be one agent and two relief agents. (2) Every such appointment shall be made in Form 10 and shall be made over to the polling agent for production at the polling station or the place fixed for the poll, as the case may be. (3) No polling agent shall be admitted into the polling station or the place fixed for the poll unless he has delivered to the presiding officer the instrument of his appointment under sub-rule (2) after duly completing and signing before the presiding officer the declaration contained therein. ### 14. Revocation of the appointment of a polling agent. (1) The revocation of the appointment of a polling agent under sub-section (1) of section 48 shall be made in Form 11 and lodged with the presiding officer. (2) In the event of any such revocation the candidate or his election agent may, at any time before the poll is closed, make a fresh appointment in the manner specified in rule 13 and the provisions of that rule shall apply to every such agent. ### 15. Publication of the hours fixed for polling. - The hours fixed for polling under section 56 shall be published by notification in the Official Gazette. ### 16. Voting normally to be in person. - Save as hereinafter provided, all electors voting at an election shall do so in person at the polling station provided for them under section 25 or, as the case may be, at the place of polling fixed under section 29. Part III – POSTAL BALLOT -------------------------- ### 17. Definitions. - In this Part,- (a) [ "service voter" means any person specified in clause (a) or clause (b) of section 60, but does not include "classified service voter" defined in rule 27-M;] [ Substituted by S.O. 903(E) , dated 5.9.2003 (w.e.f. 5.8.2003).] (b) "special voter" means any person holding an office to which the provisions of sub-section (4) of section 20 of the Representation of the People Act, 1950 ( 43 of 1950 ) are declared to apply or the wife of such person, if he or she has been registered as an elector by virtue of a statement made under sub-section (5) of the said section; (c) "voter on election duty" means any polling agent, any polling officer, presiding officer or other public servant, who is an elector in the constituency and is by reason of his being on election duty unable to vote as the polling station where he is entitled to vote. ### 18. Persons entitled to vote by post. - The following persons shall, subject to their fulfilling the requirements hereinafter specified, be entitled to vote by post, namely:- (a) at an election in a parliamentary or assembly constituency- (i) special voters; (ii) service voters; (iii) voters on election duty; and (iv) electors subjected to preventive detention; (v) [ persons notified under clause (c) of Section 60 of the Act, including absentee voters;] [Inserted by Notification No. S.O. 3786(E) , dated 22.10.2019 (w.e.f. 15.4.1961).] (b) at an election in a council constituency- (i) voters on election duty; (ii) electors subjected to preventive detention; and (iii) electors in the whole or any specified parts, of the constituency if directed by the Election Commission in this behalf under clause (b) of rule 68; (c) at an election by a assembly members- (i) electors subjected to preventive detention; and (ii) all electors if directed by the Election Commission in this behalf under clause (a) of rule 68. ### 19. Intimation by special voters. - A special voter who wishes to vote by post at an election shall send an intimation in Form 12 to the returning officer so as to reach him at least ten days before the date of poll; and on receipt of the intimation the returning officer shall issue a postal ballot paper to him. ### 20. Intimation by voters on election duty. - [(1) ] [ Rule renumbered as sub-Rule (1) of that Rule of S.O. 3662, dated 12.11.1964.] A voter on election duty who wishes to vote by post at an election shall send an application in Form 12 to the returning officer so as to reach him at least seven days or such shorter period as the returning officer may allow before the date of poll; and if the returning officer is satisfied that the applicant is a voter on election duty, he shall issue a postal ballot paper to him. (2) [ Where such voter, being a polling officer, presiding officer or other public servant on election duty in the constituency of which he is an elector, wishes to vote in person at an election ] [Inserted by S.O. 3662, dated 12.10.1964. ] [in a parliamentary or assembly constituency] [ Inserted by S.O. 3450, dated 9.11.1966.] and not by post, he shall send an application in Form 12-A to the returning officer so as to reach him at least four days, or such shorter period as the returning officer may allow, before the date of poll; and if the returning officer is satisfied that the applicant is such public servant and voter on election duty in the constituency, he shall- [(a) issue to the applicant an election duty certificate in Form 12-B, (b) mark `EDC' against his name in the marked copy of the electoral roll to indicate that an election duty certificate has been issued to him, and (c) ensure that he is not allowed to vote at the polling station where he would otherwise have been entitled to vote.] ### 21. Electors under preventive detention. (1) The appropriate Government shall, within fifteen days of the calling of an election, ascertain and intimate to the returning officer the names of the electors, if any, subjected to preventive detention together with their addresses and electoral roll numbers and the particulars about their places of detention. (2) Any elector subjected to preventive detention may, within fifteen days of the calling of an election, send an intimation to the returning officer that he wishes to vote by post, specifying his name, address, electoral roll number and place of detention. (3) The returning officer shall issue a postal ballot paper to every elector subjected to preventive detention whose name has been intimated to him under sub-rule (1) or under sub-rule (2). ### 22. Form of ballot paper. - [(1) Every postal ballot paper shall have a counterfoil attached thereto, and the said ballot paper and the counterfoil shall be in such form, and the particulars therein shall be in such language or languages, as the Election Commission may direct.] [ Substituted by S.O. 5573, dated 23.12.1971.] (2) The names of the candidates shall be arranged [on the postal ballot paper] [Substituted by S.O. 5573, dated 23.12.1971. ] in the order in which they appear in the list of contesting candidates. (3) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner. ### 23. Issue of ballot paper. (1) A postal ballot paper shall be sent by post under certificate of posting to the elector together with- (a) a declaration in Form 13-A; (b) a cover in Form 13-B; (c) a large cover addressed to the returning officer in Form 13-C; and (d) instructions for the guidance of the elector in Form 13-D: Provided that the returning officer may, in the case of a special voter or a voter on election duty, deliver the ballot paper and Forms, or cause them to be delivered, to such voter personally. (2) The returning officer shall at the same time- [(a) record on the counterfoil of the ballot paper the electoral roll number of the elector as entered in the marked copy of the electoral roll; (b) mark the name of the elector in the marked copy of the electoral roll to indicate that a ballot paper has been issued to him, without however recording therein the serial number of the ballot paper issued to that elector; and (c) ensure that that elector is not allowed to vote at a polling station.] (3) Before any ballot paper is issued to an elector at an election in a local authorities' constituency or by assembly members, the serial number of the ballot paper shall be effectively concealed in such manner as the Election Commission may direct. (4) Every officer under whose care or through whom a postal ballot paper is sent shall ensure its delivery to the addressee without delay. (5) After ballot papers have been issued to all the electors entitled to vote by post, the returning officer shall- (a) at an election in a parliamentary or assembly constituency, [subject to the provisions of rule 27-P, seal up in a packet] [ Substituted by S.O. 903(E) , dated 5.8.2003 (w.e.f. 5.8.2003).] that part of the marked copy of the electoral roll which relates to service voters and record on the packet a brief description of its contents and the date on which it was sealed and send the other relevant parts of the marked copy to the several presiding officers [or marking the names of electors to whom ballot papers are issued at the polling stations without however recording therein the serial numbers of the ballot papers issued to the electors] [ Substituted by S.O. 5573, dated 23.12.1971.] ; and (b) at any other election, seal up in a packet the marked copy of the electoral roll and record on the packet a brief description of its contents and the date on which it is sealed. (6) [ The returning officer shall also seal up in a separate packet the counterfoils of the ballot papers issued to electors entitled to vote by post and record on the packet a brief description of its contents and the date on which it was sealed.] [ Inserted by S.O. 5573, dated 23.12.1971.] ### 24. Recording of vote. (1) An elector who has received a postal ballot paper and desires to vote shall record his vote on the ballot paper in accordance with the directions contained in Part I of Form 13-D and then enclose it in the cover in Form 13-B. (2) The elector shall sign the declaration in Form 13-A in the presence of, and have the signature attested by, a stipendiary magistrate or such other officer specified below, as may be appropriate, to whom he is personally known or to whose satisfaction he has been identified- (a) in the case of a service voter, such officer as may be appointed in this behalf by the Commanding Officer of the unit, ship or establishment in which the voter or her husband, as the case may be, is employed or such officer as may be appointed in this behalf by the diplomatic or consular representative of India in the country in which such voter is resident; (b) in the case of a special voter, an officer not below the rank of a Deputy Secretary to Government; (c) in the case of a voter on election duty, any gazetted officer [or the presiding officer of the polling station at which he is on election duty] [ Inserted by S.O. 3450, dated 9.11.1966.] ; (d) in the case of an elector under preventive detention, the Superintendent of the Jail or the Commandant of the detention camp in which the elector is under detention; and (e) in any other case, such officer as may be notified in this behalf by the Election Commission. ### 25. Assistance to illiterate or infirm voters. (1) If an elector is unable through illiteracy, blindness or other physical infirmity to record his vote on a postal ballot paper and sign the declaration, he shall take the ballot paper, together with declaration and the covers received by him to an officer competent to attest his signature under sub-rule (2) of rule 24 and request the officer to record his vote and sign his declaration on his behalf. (2) Such officer shall thereupon mark the ballot paper in accordance with the wishes of the elector in his presence, sign the declaration on his behalf and complete the appropriate certificate contained in Form 13-A. ### 26. Re-issue of ballot paper. (1) When a postal ballot paper and other papers sent under rule 23 are for any reason returned undelivered, the returning officer may re-issue them by post under certificate of posting or deliver them or cause them to be delivered to the elector personally on a request being made by him. (2) If any elector has inadvertently dealt with the ballot paper or any of the other papers sent to him under rule 23 in such a manner that they cannot conveniently be used, a second set of the papers shall be issued to him after he has returned the spoiled papers and satisfied the returning officer of the inadvertence. (3) The returning officer shall cancel the spoiled papers so returned and keep them in a separate packet after noting thereon the particulars of the election and the serial numbers of the cancelled ballot papers. ### 27. Return of ballot paper. (1) After an elector has recorded his vote and made his declaration under rule 24 or rule 25, he shall return the ballot paper and declaration to the returning officer in accordance with the instructions communicated to him in Part II of Form 13-D so as to reach the returning officer before [the hour fixed for the commencement of counting of votes] [ Substituted by S.O. 479-A, dated 27.1.1971.] . (2) If any cover containing a postal ballot paper is received by the returning officer after the expiry of the time fixed in sub-rule (1), he shall note thereon the date and time of its receipt and shall keep all such covers together in a separate packet. (3) The returning officer shall keep in safe custody until the commencement of the counting of votes all covers containing postal ballot papers received by him. [PART III-A] [ Inserted by S.O. 628(E) , dated 4.8.1999 (w.e.f. 4.8.1999)] PROCEDURE FOR VOTING BY THE NOTIFIED CLASS OF ELECTORS ### 27A. Definitions. - In this Part, unless the context otherwise requires,- (a) "Assistant Returning Officer", for the notified class of electors, means the Assistant Returning Officer notified by the Election Commission for the purposes of this Part; (aa) [ 'absentee voter' mean a person belonging to such class of persons as may be notified, under clause (c) of Section 60 of the Act, and who is employed in essential services as mentioned in the said notification, and includes an elector belonging to the class of senior citizen or persons with disability or the COVID 19 suspect or affected persons [Inserted by Conduct of Elections(Amendment) Rules, 2020] ; [Inserted by Notification No. S.O. 3786(E) , dated 22.10.2019 (w.e.f. 15.4.1961).] (ab) 'nodal officer' means an officer authorised to verify the claim of an absentee voter not being an elector belonging to the class of senior citizen or persons with disability;] (b) "notified elector" means an elector who belongs to a class of persons notified by the Election Commission under clause (c) of section 60 of the Act. [the Act, other than an absentee voter] [Inserted by Notification No. S.O. 3786(E) , dated 22.10.2019 (w.e.f. 15.4.1961).] . (c) [ 'person with disability' means a person flagged as person with disability in the data base for the electoral roll; [Inserted by Notification No. S.O. 3786(E) , dated 22.10.2019 (w.e.f. 15.4.1961).] (d) 'poll officer' means the officer deputed to issue postal ballot to elector belonging to the class of senior citizen or persons with disability; (e) 'senior citizen' for the purpose of this Part means an elector belonging to the class of absentee voters and is above 65 years of age. (f) “COVID 19 suspect or affected persons” means the electors who are– (i) tested as COVID 19 positive by the Government Hospital or the Hospital recognised by the Government as COVID Hospital; or (ii) under home quarantine or institutional quarantine due to COVID 19 , and certified by such competent authority, as may be notified by the State Government or Union Territory Administration. [Inserted by Conduct of Elections(Amendment) Rules, 2020] ### 27B. Special provisions for voting by the notified class of electors. - Notwithstanding anything contained in Part III, the provisions of this Part shall apply to a notified elector who wishes to vote by post at an election. ### 27C. Intimation by a notified elector. - A notified elector, who wishes to vote by post at an election shall send an application in Form 12-C to the Assistant Returning Officer for the notified class of electors so as to reach him at least ten days before the date of the poll and on receipt of the intimation such Assistant Returning Officer shall issue a postal ballot paper to him: Provided that an application which does not furnish complete particulars as required in Form 12-C may be rejected if such Assistant Returning Officer, despite making reasonable efforts, is not in a position to ascertain the requisite information: [Provided further that in case of an absentee voter, the application shall be made in Form 12-D, and shall contain such particulars as specified therein, and shall be duly verified by the Nodal Officer for the absentee voter, other than senior citizen or persons with disability, which shall reach the Returning Officer within five days following the date of notification of election; Provided also that an application in Form 12-C or Form 12-D without a certificate from the authorised officer or nodal officer as required under Part II of Form 12 or Form 12-D shall be rejected;] [Substituted by Notification No. S.O. 3786(E) , dated 22.10.2019 (w.e.f. 15.4.1961).] ### 27D. Form of ballot paper. - (1) Every postal ballot paper shall have a counterfoil attached thereto and the said ballot paper and the counterfoil shall be in such form and the particulars therein shall be in such language or languages as the Election Commission may direct. (2) The names of the candidates shall be arranged on the postal ballot paper in the order in which they appear in the list of contesting candidates. (3) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner. ### 27E. Issue of ballot paper. - A postal ballot paper shall be sent by post under certificate of posting to the notified elector together with- (a) a declaration in Form 13-A; (b) a cover in Form 13-B; (c) a large cover addressed to the Returning Officer in Form 13-C; and (d) instructions for the guidance of the elector in Form 13-E: Provided that the Assistant Returning Officer of the notified class of electors may deliver, or cause to be delivered, the ballot paper and the Forms to the notified elector personally. [Provided further that in the case of absentee voter, the postal ballot paper shall be issued in such manner as may be specified by the Election Commission.] [Inserted by Notification No. S.O. 3786(E) , dated 22.10.2019 (w.e.f. 15.4.1961).] (2) The Assistant Returning Officer for the notified class of electors shall at the same time- (a) record on the counterfoil of the ballot paper the electoral roll number of the elector as entered in the marked copy of the electoral roll; (b) mark the name of the elector in the marked copy of the electoral roll to indicate that a ballot paper has been issued to him without, however, recording therein the serial number of the ballot paper issued to that elector; (c) ensure that the elector is not allowed to vote at a polling station. (3) Every officer under whose care or through whom a postal ballot paper is sent shall ensure its delivery to the addressee without delay. (4) The Assistant Returning Officer for the notified class of electors shall ensure that ballot papers are issued to all such electors whose intimation has been received in accordance with rule 27-C and who are entitled to vote by post before eight days from the date of poll in the constituency and shall on expiry of the said period of eight days keep the marked copies of the electoral rolls in sealed envelopes and record on the envelopes a brief description of its contents and the date on which it was sealed and send the sealed envelopes to the Returning Officer concerned. (5) The Assistant Returning Officer for the notified class of electors shall also seal in a separate packet the counterfoils of the ballot papers issued to electors entitled to vote by post and record on the packet a brief description of its contents and the date on which it was sealed and send the sealed packet to the Returning Officer concerned. ### 27F. Recording of vote. (1) A notified elector who has received a postal ballot paper and desires to vote shall record his vote on the ballot paper in accordance with the instructions contained in Form 13-E and then enclose it in the cover in Form 13-B. (2) The notified elector shall sign the declaration in Form 13-A in the presence of, and have the signature attested by, an officer authorised under sub-rule (2) of rule 27-J. (3) [ In the case of an absentee voter, the recording of vote shall be made in such centre as may be specified by the Election Commission: Provided that in the case of absentee voter in the class of senior citizen or persons with disability, the attestation of declaration in Form 13-A shall be done by the poll officer.] [Inserted by Notification No. S.O. 3786(E) , dated 22.10.2019 (w.e.f. 15.4.1961).] ### 27G. Assistance to illiterate or infirm electors. (1) If a notified elector is unable through illiteracy, blindness or other physical infirmity to record his vote on a postal ballot paper and sign the declaration, he shall take the ballot paper together with the declaration and the covers received by him to an officer authorised under sub-rule (2) of rule 27-J and request the officer to record his vote and sign his declaration on his behalf. (2) Such officer shall thereupon mark the ballot paper in accordance with the wishes of the elector in his presence, sign the declaration on his behalf and complete all the requirements to be made in this behalf. ### 27H. Re-issue of ballot paper. (1) When a postal ballot paper and other papers sent under rule 27-E are for any reason returned undelivered, the Assistant Returning Officer for the notified class of electors may re-issue them by post under certificate of posting or deliver them or cause them to be delivered to the elector personally either on a request being made by him or of his own. (2) If any notified elector has inadvertently dealt with the ballot paper or any of the other papers sent to him under rule 27-E in such a manner that they cannot conveniently be used, a second set of the papers shall be issued to him after he has returned the spoiled papers and satisfied the Assistant Returning Officer for the notified class of electors of the inadvertence. (3) The Assistant Returning Officer for the notified class of electors shall cancel the spoiled papers so returned and keep them in a separate packet after noting thereon the particulars of the election and the serial numbers of the cancelled ballot papers. ### 27I. Return of ballot paper. (1) After a notified elector has recorded his vote and made his declaration under rule 27-F or rule 27-G, he shall return the ballot paper and the declaration to the Returning Officer concerned before the hour fixed for the commencement of counting of votes. [Provided that in the case of absentee voter, postal ballot paper shall be returned to the centre provided for recording of vote under sub-rule (3) of Rule 27-F, subject to any direction that may be issued by the Election Commission in this behalf.] [Inserted by Notification No. S.O. 3786(E) , dated 22.10.2019 (w.e.f. 15.4.1961).] (2) If any cover containing a postal ballot paper is received by the Returning Officer after the expiry of the time fixed in sub-rule (1), he shall note thereon the date and time of its receipt and shall keep all such covers together in a separate packet. (3) The Returning Officer shall keep in safe custody until the commencement of the counting of votes all covers containing postal ballot papers received by him. ### 27J. Officers authorised to perform certain functions under this Part. (1) The officers mentioned in sub-rule (2) shall be the authorised officers for the purpose of- (a) sub-rule (2) of rule 27-G; (b) issuing certificate in Part II of Form 12-C. (2) Any of the following officers shall be the authorised officers for the purpose of sub-rule (1):- (a) an oficer incharge of a migrant camp/area; (b) an officer incharge of an office from where the migrant elector draws his salary as a migrant employee; (c) an officer incharge of a treasury/bank from where the migrant elector draws his pension as a pensioner; (d) any gazetted officer. ### 27K. Marked copy of the electoral roll. - The Returning Officer shall ensure that the marked copy of the electoral roll received by him from the Assistant Returning Officer for the notified class of electors is used during the poll in the constituency so that such electors who have been supplied with a postal ballot paper do not cast the vote again. ### 27L. Notwithstanding anything contained in rule 54-A, the Election Commission may direct, by notification in the Official Gazette, that the postal ballot papers may be mixed with the ordinary ballot papers at the time of mixing of ordinary ballot papers under rule 59-A and, in that case, the Election Commission may also prescribe, by directions to the Returning Officers, the manner in which the mixing of postal ballot papers shall be done with the ordinary ballot papers in the constituency. [PART III-B] [ Inserted by S.O. 903(E) , dated 5.8.2003 (w.e.f. 5.8.2003).] VOTING BY CLASSIFIED SERVICE VOTERS THROUGH PROXY ### 27M. Definitions. - In this Part, unless the context otherwise requires,- (a) "classified service voter" means any person specified in clause (a) of section 60, who opts to give his vote by proxy; (b) "proxy" means the person appointed by a classified service voter as his proxy under rule 27-N to give vote on his behalf and in his name; (c) "service voter" means any person specified in clause (a) of section 60 and registered as an elector in the last part of the electoral roll for the constituency. ### 27N. Appointment of proxy by a classified service voter. (1) A service voter may opt to give his vote by proxy appointed in the manner provided in sub-rules (2) to (4). (2) Any service voter opting to vote by proxy may appoint any person as his proxy to give vote on his behalf and in his name at an election in a parliamentary or assembly constituency: Provided that such proxy shall be an ordinary resident in the constituency concerned and of not less than 18 years of age and shall not be disqualified for registration as an elector in an electoral roll under section 16 of the Representation of the People Act, 1950 ( 43 of 1950 ). (3) The appointment of proxy under sub-rule (2) shall be made by the classified service voter in Form 13-F. (4) Any appointment of proxy made under sub-rule (3) shall be deemed to be valid so long as the person making it continues to be a service voter or till the date he revokes such appointment, or dies, whichever is earlier: Provided that any revocation of appointment shall be made in Form 13-G and shall be effective from the date on which it is received by the returning officer: Provided further that where he revokes such appointment, or the proxy appointed by him dies, while he remains a service voter, he may appoint another person as proxy under these rules, as a substitute proxy in Form 13-G and the substitute proxy so appointed shall be the proxy appointed by such classified service voter under sub-rule (3) from the date of receipt of the Form 13-G by the returning officer. ### 27O. Intimation of name of proxy by the classified service voter. (1) The name of the proxy appointed by a classified service voter under sub-rule (3), or, as the case may be, under the second proviso to sub-rule (4), of rule 27-N shall be intimated by him to the returning office as soon as may be after such appointment is made, and such intimation must reach the returning officer not later than the last date for making nominations for the earliest election in the constituency after such appointment. (2) Notwithstanding anything contained in sub-rule (1), if any intimation under that sub-rule reaches the returning officer after the last date for making nominations in the constituency, such intimation shall not be valid for the election then in progress, but shall, subject to the provisions of sub-rule (4) of rule 27-N, be valid for any future election in the constituency. ### 27P. Action by returning officer on intimation of name of proxy. (1) On receipt of intimation under rule 27-O from a classified service voter in regard to his proxy, the returning officer shall mark "CSV" against the name of such voter in the last part of the electoral roll containing the names of all service voters so as to indicate that the said voter has appointed his proxy, and the returning officer shall- (a) if it is an intimation received the last date for making nominations in the constituency, ensure that no postal ballot paper is issued to such classified service voter; and (b) if it is an intimation received after the said last date, ensure that a postal ballot paper is issued to such classified service voter for the election then in progress, in accordance with the provisions contained in Part III of these rules. (2) The returning officer shall also prepare, and maintain up-to date, a separate list of all classified service voters who have given intimation of their proxies under rule 27-O, and also of all such proxies with their complete addresses, in such form and such manner as the Election Commission may specify from time to time. (3) As soon as may be after the last date for making nominations in the constituency, the returning officer shall, on the basis of the list maintained under sub-rule (2) and subject to such further direction as the Election Commission may give in this behalf, prepare or cause to be prepared polling station-wise sub-lists of all classified service voters and their proxies having regard to the residential address of each such classified service voter as given in the electoral roll. (4) Each sub-list prepared under sub-rule (3) shall thereafter be caused to be added by the returning officer at the end to the relevant part of the electoral roll pertaining to each polling station concerned, and such relevant part of the electoral roll together with the said sub-list shall be deemed to be the copy of the electoral roll to be used as the marked copy of the electoral roll under rule 33-A or, as the case may be, under rule 49-F during the poll at the polling station concerned. ### 27Q. Recording of votes of proxy. (1) A person voting as proxy for a classified service voter shall do so in person at the polling station concerned in the electoral roll of which the name of such classified service voter is added under sub-rule (4) of rule 27-P. (2) The person voting as proxy shall record the vote on behalf of the classified service voter at the said polling station, in the same manner as any other elector assigned to that polling station and the provisions of rules 34, 35 and 36 to 43 or, as the case may be, rules 49-G, 49-H, 49-J to 49-R shall apply in relation to the recording of vote by such proxy as they apply to any other elector at the polling station: Provided that any reference to left forefinger of elector in rule 37 or, as the case may be, rule 49-K shall be construed as reference to left middle finger of the person voting as a proxy under this rule. Part IV – VOTING IN PARLIAMENTARY AND ASSEMBLY CONSTITUENCIES --------------------------------------------------------------- [CHAPTER I [ Inserted by S.O. 230(E) , dated 24.3.1992.] Voting By Ballot] ### 28. Definitions. - [In this Chapter and Chapter II] [ Substituted by S.O. 230(E) , dated 24.3.1992 and corrected by S.O. 530(E), dated 17.7.1992.] , unless the context otherwise requires,- (a) "candidate" means a contesting candidate; (b) "constituency" means a parliamentary or assembly constituency; and (c) "polling agent", in relation to a polling station, means a polling agent of a candidate duly appointed under section 46 for the polling station and includes a candidate and the election agent of a candidate when present at the polling station. ### 29. Design of ballot boxes. - Every ballot box shall be of such design as may be approved by the Election Commission. ### 30. Form of ballot papers. - [(1) Every ballot paper shall have a counterfoil attached thereto, and the said ballot paper and the counterfoil shall be in such form, and the particulars therein shall be in such language or languages, as the Election Commission may direct.] [ Substituted by S.O. 5573, dated 23.12.1971.] (2) The names of the candidates shall be arranged on the ballot paper in the same order in which they appear in the list of contesting candidates. (3) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner. ### 31. Arrangements at polling stations. (1) Outside each polling station there shall be displayed prominently- (a) a notice specifying the polling area the electors of which are entitled to vote at the polling station and, when the polling area has more than one polling station, the particulars of the electors so entitled; and (b) a copy of the list of contesting candidates. (2) At each polling station, there shall be set up [one or more voting compartments] [ Substituted by S.O. 5573, dated 23.12.1971.] in which electors can record their votes screened from observation. (3) The returning officer shall provide at each polling station a sufficient number of ballot boxes, copies of the relevant part of the electoral roll, ballot papers, instruments for stamping the distinguishing mark on ballot papers and articles, necessary for electors to mark the ballot papers. ### 32. Admission to polling stations. - The presiding officer shall regulate the number of electors, to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than- (a) polling officers; (b) public servants on duty in connection with the election; (c) persons authorised by the Election Commission; (d) candidates, their election agents and subject to the provisions of rule 13, one polling agent of each candidate; (e) a child in arms accompanying an elector; (f) a person accompanying a blind or infirm elector who cannot move without help; and (g) such other persons as the returning officer or the presiding officer may employ under sub-rule (2) of rule 34 or sub-rule (1) of rule 35. ### 33. Preparation of ballot boxes for poll. (1) Where a paper seal is used for securing a ballot box, the presiding officer shall affix his own signature on the paper seal and obtain thereon the signatures of such of the polling agents present as are desirous of affixing the same. (2) The presiding officer shall thereafter fix the paper seal so signed in the space meant therefor in the ballot box and shall then secure and seal the box in such manner that the slit for the insertion of ballot paper thereinto remains open. (3) The seals used for securing a ballot box shall be affixed in such manner that after the box has been closed it is not possible to open it without breaking the seals. (4) Where it is not necessary to use paper seals for securing the ballot boxes, the presiding officer shall secure and seal the ballot box in such manner that the slit for the insertion of ballot papers remains open and shall allow the polling agents present to affix, if they so desire, their seals. (5) Every ballot box used at a polling station shall bear labels, both inside and outside, marked with- (a) the serial number, if any, and name of the constituency; (b) the serial number and name of the polling station; (c) the serial number of the ballot box (to be filled in at the end of the poll on the label outside the ballot box only); and (d) the date of poll. (6) Immediately before the commencement of the poll, the presiding officer shall demonstrate to the polling agents and other persons present that the ballot box is empty and bears the labels referred to in sub-rule (5). (7) The ballot box shall then be closed, sealed and secured and placed in full view of the presiding officer and the polling agents. [33-A. Marked copy of electoral roll. [ Substituted by S.O. 5573, dated 23.12.1971.] - Immediately before the commencement of the poll the presiding officer shall also demonstrate to the polling agents and others present that the marked copy of the electoral roll to be used during the poll does not contain-] [Substituted by S.O. 5573, dated 23.12.1971. ] (a) [ any entry other than those made in pursuance of clause (b) of sub-rule (2) of rule 20 or clause (b) of sub-rule (2) of rule 27-E; and] [ Substituted by S.O. 321(E) , dated 1.5.1996.] (b) [ any mark other than the mark made in pursuance of clause (b) of sub-rule (2) of rule 23 or clause (b) of sub-rule (2) of rule 27-E.] [ Substituted by S.O. 628(E) , dated 4.8.1999(w.e.f. 4.8.1999).] ### 34. Facilities for women electors. (1) Where a polling station is for both men and women electors, the presiding officer may direct that they shall be admitted into the polling station alternately in separate batches. (2) The returning officer or the presiding officer may appoint a woman to serve as an attendant at any polling station to assist women electors and also to assist the presiding officer generally in taking the poll in respect of women electors, and, in particular, to help in searching any women elector in case it becomes necessary. ### 35. Identification of electors. (1) The presiding officer may employ at the polling station such persons as he thinks fit to help in the identification of the electors or to assist him otherwise in taking the poll. (2) As each elector enters the polling station, the presiding officer or the polling officer authorised by him in this behalf shall check the elector's name and other particulars with the relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elector. (3) Where the polling station is situated in a constituency, electors of which have been supplied with identity cards under the provisions of the Registration of Electors Rules, 1960, the elector shall produce his identity card before the presiding officer or the polling officer authorised by him in this behalf. (4) In deciding the right of a person to obtain a ballot paper, the presiding officer or the polling officer, as the case may be, shall overlook merely clerical or printing errors in an entry in the electoral roll, if he is satisfied that such person is identical with the elector to whom such entry relates. [35-A. Facilities for public servants on election duty. [ Inserted by S.O. 3662, dated 12.11.1964.] (1) The provisions of rule 35 shall not apply to any person who produces at the polling station an election duty certificate in Form 12-B and asks for the issue of a ballot paper to him although the polling station is different from the one where he is entitled to vote. (2) On production of such certificate the presiding officer shall- (a) obtain thereon the signature of the person producing it; (b) have the person's name and electoral roll number as mentioned in the certificate entered at the end of the marked copy of the electoral roll; and (c) issue to him a ballot paper, and permit him to vote, in the same manner as for an elector entitled to vote at that polling station.] ### 36. Challenging of identity. (1) Any polling agent may challenge the identity of a person claiming to be a particular elector by first depositing a sum of two rupees in cash with the presiding officer for each such challenge. (2) On such deposit being made, the presiding officer shall- (a) warn the person challenged of the penalty for personation; (b) read the relevant entry in the electoral roll in full and ask him whether he is the person referred to in that entry; (c) enter his name and address in the list of challenged votes in Form 14; and (d) require him to affix his signature in the said list. (3) The presiding officer shall thereafter hold a summary inquiry into the challenge and may for that purpose- (a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence in proof of his identity; (b) put to the person challenged any questions necessary for the purpose of establishing his identity and require him to answer them on oath; and (c) administer an oath to the person challenged and any other person offering to give evidence. (4) If, after the inquiry, the presiding officer considers that the challenge has not been established he shall allow the person challenged to vote; and if he considers that the challenge has been established, he shall debar the person challenged from voting. (5) If the presiding officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to Government, and in any other case, he shall return to the challenger at the conclusion of the inquiry. ### 37. Safeguards against personation. (1) Every elector about whose identity the presiding officer or the polling officer, as the case may be, is satisfied, shall allow his left forefinger to be inspected by the presiding officer or polling officer and an indelible ink mark to be put on it. (2) If any elector- (a) refuses to allow his left forefinger to be inspected or marked in accordance with sub-rule (1) or has already such a mark on his left forefinger or does any act with a view to removing the ink mark, or (b) fails or refuses to produce his identity card as required by sub-rule (3) of rule 35, he shall not be supplied with any ballot paper or allowed to vote. (3) Where a poll is taken simultaneously in a parliamentary constituency and an assembly constituency, an elector whose left forefinger has been marked with indelible ink or who has produced his identity card at one such election shall, notwithstanding anything contained in sub-rules (1) and (2), be supplied with a ballot paper for the other election. (4) Any reference in this rule to the left forefinger of an elector shall, in the case where the elector has his left forefinger missing, be construed as a reference to any other finger of his left hand, and shall, in the case where all the fingers of his left hand are missing, be construed as a reference to the forefinger or any other finger of his right hand, and shall in the case where all his fingers of both the hands are missing be construed as a reference to such extremity of his left or right arm as he possesses. ### 38. [ Issue of ballot papers to electors. [Substituted by S.O. 5573, dated 23.12.1971. ] (1) Every ballot paper before it is issued to an elector, and the counterfoil attached thereto shall be stamped on the back with such distinguishing mark as the Election Commission may direct, and every ballot paper, before it is issued, shall be signed in full on its back by the presiding officer. (2) At the time of issuing a ballot paper to an elector, the polling officer shall- (a) record on its counterfoil the electoral roll number of the elector as entered in the marked copy of the electoral roll;] (b) [ obtain the signature or thumb impression of that elector on the said counterfoil; and] [ Inserted by S.O. 518(E) , dated 7.9.1979.] (c) [ mark the name of the elector in the marked copy of the electoral roll to indicate that a ballot paper has been issued to him, without however recording therein the serial number of the ballot paper issued to that elector:] [Substituted by S.O. 5573, dated 23.12.1971. ] Provided that no ballot paper shall be delivered to an elector unless he has put his signature or thumb impression on the counterfoil of that ballot paper. [(3) Notwithstanding anything contained in sub-rule (2) of rule 2, it shall not be necessary for any presiding officer or polling officer or any other officer to attest the thumb impression of the elector on the counterfoil.] [Inserted by S.O. 518(E) , dated 7.9.1979. ] (4) [ No person in the polling station shall note down the serial numbers of the ballot papers issued to particular electors.] [Substituted by S.O. 5573, dated 23.12.1971. ] ### 39. [ Maintenance of secrecy of voting by electors within polling station and voting procedure. [Substituted by S.O. 1433, dated 19.4.1968. ] (1) Every elector to whom a ballot paper has been issued under rule 38 or under any other provision of these rules, shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down. (2) The elector on receiving the ballot paper shall forthwith- (a) proceed to one of the voting compartments; (b) there make a mark on the ballot paper with the instrument supplied for the purpose on or near the symbol of the candidate for whom he intends to vote; (c) fold the ballot paper so as to conceal his vote; (d) if required, show to the presiding officer the distinguishing mark on the ballot paper; (e) insert the folded ballot paper into the ballot box; and (f) quit the polling station. (3) Every elector shall vote without undue delay. (4) No elector shall be allowed to enter a voting compartment when another elector is inside it. (5) If an elector to whom a ballot paper has been issued, refuses, after warning given by the presiding officer, to observe the procedure as laid down in sub-rule (2), the ballot paper issued to him shall, whether he has recorded his vote thereon or not, be taken back from him by the presiding officer or a polling officer under the direction of the presiding officer. (6) After the ballot paper has been taken back, the presiding officer shall record on its back the words "Cancelled: voting procedure violated" and put his signature below those words. (7) All the ballot papers on which the words "Cancelled: voting procedure violated" are recorded, shall be kept in a separate cover which shall bear on its face the words "Ballot papers: voting procedure violated". (8) Without prejudice to any other penalty to which an elector, from whom a ballot paper has been taken back under sub-rule (5), may be liable, the vote, if any, recorded on such ballot paper shall not be counted.] [Inserted by S.O. 3662, dated 12.10.1964. ] ### 40. [ Recording of votes of blind or infirm electors. [Substituted by S.O. 3662, dated 12.10.1964. ] (1) If the presiding officer is satisfied that owing to blindness or other physical infirmity an elector is unable to recognise the symbols on the ballot paper or to make a mark thereon without assistance, the presiding officer shall permit the elector to take with him a companion of not less than ][eighteen] [ Substituted by S.O. 542(E) , dated 13.9.1989.] years of age to the voting compartment for recording the vote on the ballot paper on his behalf and in accordance with his wishes, and, if necessary, for folding the ballot paper so as to conceal the vote and inserting it into the ballot box: Provided that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day: Provided further that before any person is permitted to act as the companion of an elector on any day under this rule, the person shall be required to declare that he will keep secret the vote recorded by him on behalf of the elector and that he has not already acted as the companion of any other elector at any polling station on that day. [(2) The presiding officer shall keep a record in Form 14-A of all cases under this rule.] [Substituted by S.O. 3662, dated 12.10.1964. ] ### 41. Spoilt and returned ballot papers. (1) An elector who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on returning it to the presiding officer and on satisfying him of the inadvertence, be given another ballot paper, and [the ballot paper so returned and the counterfoil of such ballot paper] [ Substituted by S.O. 5573, dated 23.12.1971.] shall be marked "Spoilt: cancelled" by the presiding officer. (2) If an elector after obtaining a ballot paper decides not to use it, he shall return it to the presiding officer, and the ballot paper so returned and the counterfoil of such ballot paper shall be marked as "Returned: cancelled" by the presiding officer. (3) All ballot papers cancelled under sub-rule (1) or sub-rule (2) shall be kept in a separate packet. ### 42. Tendered votes. (1) If a person representing himself to be a particular elector applies for a ballot paper after another person has already voted as such elector, he shall, on satisfactorily answering such questions relating to his identity as the presiding officer may ask, be entitled, subject to the following provisions of this rule, to mark a ballot paper (hereinafter in these rules referred to as a "tendered ballot paper") in the same manner as any other elector. (2) Every such person shall, before being supplied with a tendered ballot paper, sign his name against the entry relating to him in a list in Form 15. (3) A tendered ballot paper shall be the same as the other ballot paper used at the polling except that- [(a) such tendered ballot paper shall be serially the last in the bundle of ballot papers issued for use at the polling station; and (b) such tendered ballot paper and its counterfoil shall be endorsed on the back with the words "tendered ballot paper" by the presiding officer in his own hand and signed by him.] (4) The elector, after marking a tendered ballot paper in the voting compartment and folding it, shall, instead of putting it into the ballot box, give it to the presiding officer, who shall place it in a cover specially kept for the purpose: [Provided that where such elector is a member of a political party in an election to fill a seat or seats in the Council of States, the presiding officer shall, before placing the tendered ballot paper in the said cover, allow the authorised agent of that political party to verify as to which candidate the elector has cast his vote. Explanation .-For the purposes of this rule, "authorised agent", in respect of a political party, means an authorised agent appointed, under sub-rule (2) of rule 39-AA as made applicable, by clause (ii) of rule 70, to election, in a council constituency and, by assembly members other than by postal ballot under clause (a) of rule 68, by that political party.] [ Inserted by S.O. 272(E) , dated 27.2.2004 (w.e.f. 27.2.2004).] ### 43. Closing of poll. (1) The presiding officer shall close a polling station at the hour fixed in that behalf under section 56 and shall not thereafter admit any elector into the polling station: Provided that all electors present at the polling station before it is closed shall be allowed to cast their votes. (2) If any question arises whether an elector was present at the polling station before it was closed, it shall be decided by the presiding officer and his decision shall be final. ### 44. Sealing of ballot boxes after poll. (1) As soon as practicable after the closing of the poll, the presiding officer shall close the slit of the ballot box, and where the box does not contain any mechanical device for closing the slit, he shall seal up the slit and also allow any polling agent present to affix his seal. (2) The ballot box shall thereafter be sealed and secured. (3) Where it becomes necessary to use a second ballot box by reason of the first ballot box getting full, the first box shall be closed, sealed and secured as provided in sub-rules (1) and (2) before another ballot box is put into use. (4) The foregoing provisions of this rule shall not apply at a polling station to the presiding officer of which the Election Commission has issued a direction asking him to proceed in accordance with sub-rule (5). (5) At any such polling station, as soon as practicable after the close of poll, the presiding officer shall- (a) transfer all the ballot papers contained in the ballot box or boxes used at that polling station, without examining or counting them and with due regard to the secrecy of the ballot, into a cloth bag or cloth-lined cover after demonstrating to the polling agents present that the bag or cover is empty; (b) allow the polling agents present to inspect each ballot box and demonstrate to them that it has been emptied; (c) record on the bag or cover the name of the constituency, the name of the polling station and the date of the poll; and (d) seal the bag or cover and allow any polling agent present to affix his seal thereon. ### 45. Account of ballot papers. - [(1) ] [ Rule 45 renumbered as sub-Rule (1) of that Rule by S.O. 3875, dated 15.12.1966.] The presiding officer shall at the close of the poll prepare a ballot paper account in Form 16 and enclose it in a separate cover with the words "Ballot Paper Account" superscribed thereon. (2) [ The presiding officer shall furnish to every polling agent present at the close of the poll a true copy of the entries made in the ballot paper account after obtaining a receipt from the said polling agent therefor and shall also attest it as a true copy.] [ Substituted by S.O. 229(E) , dated 26.5.1975.] ### 46. Sealing of other packets. (1) The presiding officer shall then make into separate packets- (a) the marked copy of the electoral roll; (aa) [ the counterfoils of the used ballot paper;] [ Inserted by S.O. 5573, dated 23.12.1971.] (b) [ the ballot papers signed in full by the presiding officer under sub-rule (1) of rule 38 but not issued to the voters; [ Substituted by S.O. 4542, dated 20.12.1968 (w.e.f. 1.1.1969).] (bb) any other ballot papers not issued to the voters; (c) the ballot papers cancelled for violation of voting procedure under rule 39; (cc) any other cancelled ballot papers;] (d) the cover containing the tendered ballot papers and the list in Form 15; (e) the list of challenged votes; and (f) any other papers directed by the Election Commission to be kept in a sealed packet. (2) [ Each such packet shall be sealed with the seals of the presiding officer and with the seals either of the candidate or of his election agent or of his polling agent who may be present at the polling station and may desire to affix his seals thereon.] [Substituted by S.O. 4542, dated 20.12.1968 (w.e.f. 1.1.1969). ] ### 47. Transmission of ballot boxes, etc., to the returning officer. (1) The presiding officer shall then deliver or cause to be delivered to the returning officer at such place as the returning officer may direct- (a) the ballot boxes or, as the case may be, the bags or covers referred to in rule 44; (b) the ballot paper account; (c) the sealed packets referred to in rule 46; and (d) all other papers used at the poll. (2) The returning officer shall make adequate arrangements for the safe transport of all ballot boxes, packets and other papers and for their safe custody until the commencement of the counting of votes. ### 48. Procedure on adjournment of poll. (1) If the poll at any polling station is adjourned under sub-section (1) of section 57, the provisions of rules 44 to 47 shall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf under section 56. (2) When an adjourned poll is recommenced under sub-section (2) of section 57, the electors who have already voted at the poll so adjourned shall not be allowed to vote again. (3) The returning officer shall provide the presiding officer of the polling station at which such adjourned poll is held, with the sealed packet containing the marked copy of the electoral roll and a new ballot box. (4) The presiding officer shall open the sealed packet in the presence of the polling agents present and use the marked copy of the electoral roll [for marking the names of the electors to whom the ballot papers are issued at the adjourned poll, without however recording therein the serial number thereof] [ Substituted by S.O. 5573, dated 23.12.1971.] . (5) The provisions of rules 28 to 47 shall apply in relation to the conduct of an adjourned poll as they apply in relation to the poll before it was so adjourned. ### 49. Voting by ballot at notified polling stations. (1) Notwithstanding anything contained in the preceding provisions of this Part, the Election Commission may, by notification published in the Official Gazette at least 15 days before the date, or the first of the dates, of poll appointed for an election, direct that the method of voting by ballot shall be followed in that election at such polling stations as may be specified in the notification. (2) Every such polling station is hereafter in these rules referred to as a "notified polling station". (3) The provisions of rules 28 to 48 shall apply in relation to every notified polling station subject to the following modifications, namely:- (a) in lieu of rule 30, the following rule shall apply:- "30-A. Form of ballot paper .-Every ballot paper shall be of such design as the Election Commission may decide."; (b) in lieu of sub-rules (2) and (3) of rule 31, the following sub-rules shall apply:- (2) At each notified polling station there shall be set up one voting compartment in which the ballot boxes, one for each candidate, shall be placed for the reception of ballot papers during the poll and which shall be so designed that an elector can insert a ballot paper in any of the ballot boxes without being observed by any person outside the compartment. (3) The returning officer shall provide at each notified polling station a sufficient number of ballot boxes, copies of the relevant part of the electoral roll, ballot papers and such other election materials as may be required for taking the poll."; (c) in lieu of sub-rules (5), (6) and (7) of rule 33, the following sub-rules shall apply:- "(5) The symbol allotted to each candidate under rule 10 shall be printed on labels which shall be affixed both inside and outside the ballot box and such ballot box shall thereafter be deemed to have been allotted to that candidate. (6) Each ballot box shall also be marked with such other distinguishing marks as the Election Commission may direct. (7) Immediately before the commencement of the poll, the presiding officer shall allow inspection of each ballot box by the polling agents present and demonstrate to them that (a) it is empty, (b) proper lables have been affixed both inside and outside the box, and (c) the ballot box is marked in accordance with sub-rule (6). (8) After all the ballot boxes have been labelled, secured and sealed, they shall be placed in the voting compartment side by side the same order in which the names of the candidates to whom they have respectively been allotted appear in the list of contesting candidates."; (cc) [ in lieu of rule 38, the following rule shall apply:- [ Substituted by S.O. 5573, dated 23.12.1971.] "38-B. Issue of ballot papers to electors .-(1) Every ballot paper shall before issue to an elector be- (a) stamped with such distinguishing mark as the Election Commission may direct; and (b) signed in full on its back by the presiding officer. (2) At the time of issuing a ballot paper to an elector, the polling officer shall record the serial number thereof against the entry relating to the elector in the marked copy of the electoral roll. (3) Save as provided in sub-rule (2), no person in the polling station shall note down the serial numbers of the ballot papers issued to particular electors.";] [ Substituted by S.O. 5573, dated 23.12.1971.] (d) in lieu of [sub-rule (2) of rule 39] [ Substituted by S.O. 1433, dated 19.4.1968.] , the following sub-rule shall apply:- "(1) On receiving the ballot paper, the elector shall forthwith go into the voting compartment and insert the ballot paper through the slit into the ballot box allotted to the candidate for whom he wishes to vote."; (e) [ in lieu of sub-rule (1) of rule 40, the following sub-rule shall apply:- [Substituted by S.O. 3662, dated 12.10.1964. ] "(1) If the presiding officer is satisfied that owing to blindness or other physical infirmity an elector is unable to recognise the symbols on the ballot boxes or to insert the ballot paper into a ballot box, the presiding officer shall permit the elector to take with him a companion of not less than] [eighteen] [ Substituted by S.O. 542(E) , 13.7.1989.] [years of age to the voting compartment for ascertaining from him the name of the candidate for whom he wishes to vote and for inserting the ballot paper into the ballot box of such candidate in accordance with the wishes of such elector: Provided that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day: Provided further that before any person is permitted to act as the companion of an elector on any day under this rule, the person shall be required to declare that he will keep secret the name of the candidate for whom the elector has voted and that he has not already acted as the companion of any other elector at any polling station on that day.";] [Substituted by S.O. 3662, dated 12.10.1964. ] (f) in lieu of rule 42, the following rules shall apply:- "42-A. Tendered votes .-(1) If a person representing himself to be a particular elector applies for a ballot paper after another person has already voted as such elector, he shall, on satisfactorily answering such questions relating to his identity as the presiding officer may ask, be supplied with a ballot paper in Form 17 (hereafter in these rules referred to as a "tendered ballot paper"). (2) Every such person shall, before being supplied with a tendered ballot paper, sign his name against the entry relating to him in a list in Form 15. (3) Such person shall thereafter record on the tendered ballot paper the name of the candidate for whom he wishes to vote; but if owing to illiteracy, blindness, physical infirmity or any other reason he is unable to make such record, the presiding officer shall do so in accordance with his wishes. (4) The procedure laid down in sub-rule (3) shall be followed with due regard to secrecy. (5) Every such tendered ballot paper shall forthwith be placed in a cover specially kept for the purpose: [Provided that where the person referred to in sub-rule (3) is a member of a political party in an election to fill a seat or seats in the Council of States, the presiding officer, notwithstanding anything contained in sub-rule (3), shall, before the tendered ballot paper is placed in the said cover, allow the authorised agent of that political party to verify as to whom such person has cast his vote. Explanation .-For the purposes of this rule, "authorised agent", in respect of a political party, menas an authorised agent appointed, under sub-rule (2) of rule 39-AA as made applicable, by clause (ii) of rule 70, to election, in a council constituency and, by assembly members other than by postal ballot under clause (a) of rule 68, by that political party.] [ Inserted by S.O. 272(E) , dated 27.2.2004 (w.e.f. 27.2.2004).] ### 42B. Presiding officer's entry into voting compartment during poll .-(1) The presiding officer may, whenever he considers it necessary to do so, enter the voting compartment during poll and take such steps as may be necessary to ensure that the ballot boxes therein are not tampered or interfered within any way. (2) If the presiding officer has reason to suspect that an elector who has entered the voting compartment is tampering or otherwise interfering with any ballot box or has remained inside the voting compartment unduly long, he shall enter the voting compartment and take such steps as may be necessary to ensure the smooth and prompt progress of the poll. (3) Whenever the presiding officer enters the voting compartment under this rule he shall permit the polling agents present to accompany him. ### 42. -C. Disposal of ballot papers found wholly or partly outside ballot boxes .- (1) If any ballot paper which has been issued to an elector has not been inserted by him into any ballot box but is found anywhere in or near the polling station, whether within or outside the voting compartment it shall be deemed to have been returned to the presiding officer under sub-rule (2) of rule 41 and dealt with accordingly. (2) If a ballot paper is found partly inserted into the ballot box of a candidate, it shall be presumed that the intention of the elector was to cast that vote for that candidate and the presiding officer shall accordingly push the ballot paper into the ballot box."; (g) in lieu of rule 44, the following rule shall apply:- "44-A. Sealing of ballot boxes after poll .-(1) As soon as practicable after the closing of the poll, the presiding officer shall close the slit of each ballot box and where the boxes do not contain any mechanical device for closing the slit, he shall seal up the slit and also allow any polling agent present to affix his seals. (2) All the ballot boxes shall thereafter be sealed and secured."; [\* \* \*] [ Clause (h) omitted by S.O. 518(E), dated 7.9.1979.] (i) [ clause (aa) of sub-rule (1) of rule 46 shall not apply; and [ Substituted by S.O. 5573, dated 23.12.1971.] (j) in lieu of sub-rules (3) and (4) of rule 48, the following sub-rule shall apply: - "(3) The returning officer shall provide the presiding officer of the polling station at which such adjourned poll is held with the sealed packet containing the marked copy of the electoral roll and a set of new ballot boxes. (4) The presiding officer shall open the sealed packet in the presence of the polling agents present and use the marked copy of the electoral roll for recording the serial numbers of the ballot papers issued to elector at the adjourned poll.".] [CHAPTER II] [ Inserted by S.O. 230(E) , dated 24.3.1992 and corrected by S.O. 530(E), dated 14.7.1992.] Voting By Electronic Voting Machines ### 49A. Design of electronic voting machines. - Every electronic voting machine (hereinafter referred to as the voting machine) shall have a control unit and a balloting unit and shall be of such designs as may be approved by the Election Commission. ### 49B. Preparation of voting machine by the returning officer. (1) The balloting unit of the voting machine shall contain such particulars and in such language or languages as the Election Commission may specify. (2) The names of the candidates shall be arranged on the balloting unit in the same order in which they appear in the list of the contesting candidates. (3) If two or more candidates bear the same name, they shall be distinguished by the addition of their occupation or residence or in some other manner. (4) Subject to the foregoing provisions of this rule, the returning officer shall- (a) fix the label containing the names and symbol of the contesting candidates in the balloting unit and secure that unit with his seal and the seals of such of the contesting candidates or their election agents present as are desirous of affixing the same; (b) set the number of contesting candidates and close the candidate set section in the control unit and secure it with his seal and the seals of such of the contesting candidates or their election agents present as are desirous of affixing the same. ### 49C. Arrangements at the polling stations. (1) Outside each polling station there shall be displayed prominently- (a) a notice specifying the polling area, the electors of which are entitled to vote at the polling station and, when the polling area has more than one polling station, the particulars of the electors so entitled; and (b) a copy of the list of contesting candidates. (2) At each polling station there shall be set up one or more voting compartments in which the electors can record their votes free from observation. (3) The returning officer shall provide at each polling station one voting machine and copies of relevant part of the electoral roll and such other election material as may be necessary for taking the poll. (4) Without prejudice to the provisions of sub-rule (3), the returning officer may, with the previous approval of the Election Commission, provide one common voting machine for two or more polling stations located in the same premises. ### 49D. Admission to polling stations. - The presiding officer shall regulate the number of electors, to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than,- (a) polling officers; (b) public servants on duty in connection with the election; (c) persons authorised by the Election Commission; (d) candidates, their election agents and subject to the provisions of rule 13, one polling agent of each candidate; (e) a child in arms accompanying an elector; (f) a person accompanying a blind or infirm elector who cannot move without help; and (g) such other person as the returning officer or the presiding officer may employ under sub-rule (2) of rule 49-G or sub-rule (1) of rule 49-H. ### 49E. Preparation of voting machine for poll. (1) The control unit and balloting unit of every voting machine used at polling station shall bear a label marked with- (a) the serial number, if any, and the name of the constituency; (b) the serial number and name of the polling station or stations as the case may be; (c) the serial number of the unit; and (d) the date of poll. (2) Immediately before the commencement of the poll, the presiding officer shall demonstrate to the polling agents and other persons present that no vote has been already recorded in the voting machine and it bears the label referred to in sub-rule (1). (3) A paper seal shall be used for securing the control unit of the voting machine, and the presiding officer shall affix his own signature on the paper seal and obtain thereon the signature of such of the polling agents present as the desirous of affixing the same. (4) The presiding officer shall thereafter fix the paper seal so signed in the space meant therefor in the control unit of the voting machine and shall secure and seal the same. (5) The seal used for securing the control unit shall be fixed in such manner that after the unit has been sealed, it is not possible to press the "result button" without breaking the seal. (6) The control unit shall be closed and secured and placed in full view of the presiding officer and the polling agents and the balloting unit placed in the voting compartment. ### 49F. Marked copy of electoral roll. - Immediately before the commencement of the poll, the presiding officer shall also demonstrate to the polling agents and others present that the marked copy of the electoral roll to be used during the poll does not contain- (a) any entry other than that made in pursuance of clause (b) of sub-rule (2) of rule 20; and (b) any mark other than the mark made in pursuance of clause (b) of sub-rule (2) of rule 23. ### 49G. Facilities for women electors. (1) Where a polling station is for both men and women electors, the presiding officer may direct that they shall be admitted into the polling station alternately in separate batches. (2) The returning officer or the presiding officer may appoint a woman to serve as an attendant at any polling station to assist women electors and also to assist the presiding officer generally in taking the poll in respect of women electors, and in particular, to help in frisking any woman elector in case it becomes necessary. ### 49H. Identification of electors. (1) The presiding officer may employ at the polling station such persons as he thinks fit to help in the identification of the electors or to assist him otherwise in taking the poll. (2) As each elector enters the polling station, the presiding officer or the polling officer authorised by him in this behalf shall check the elector's name and other particulars with the relevant entry in the electoral roll and then call out the serial number, name and other particulars of the elector. (3) Where the polling station is situated in a constituency electors of which have been supplied with identity cards under the provisions of the Registration of Electors Rules, 1960, the elector shall produce his identity card before the presiding officer or the polling officer authorised by him in this behalf. (4) In deciding the right of a person to cast his vote, the presiding officer or the polling officer, as the case may be, shall overlook the clerical or printing errors in an entry in the electoral roll if he is satisfied that such person is identical with the elector to whom such entry relates. ### 49I. Facilities for public servants on election duty. (1) The provisions of rule 49-H shall not apply to any person who produces at the polling station an election duty certificate in Form 12-B and seeks permission to cast his vote at that polling station although it is different from the one where he is entitled to vote. (2) On production of such certificate, the presiding officer shall- (a) obtain thereon, the signature of the person producing it; (b) have the person's name and electoral roll number as mentioned in the certificate entered at the end of the marked copy of the electoral roll; and (c) permit him to cast his vote in the same manner as for an elector entitled to vote at that polling station. ### 49J. Challenging of identity. (1) Any polling agent may challenge the identity of a person claiming to be a particular elector by first depositing a sum of two rupees in cash with the presiding officer for each such challenge. (2) On such deposit being made, the presiding officer shall- (a) warn the person challenged of the penalty for personation; (b) read the relevant entry in the electoral roll in full and ask him whether he is the person referred to in that entry; (c) enter his name and address in the list of challenged votes in Form 14; and (d) require him to affix his signature in the said list. (3) The presiding officer shall thereafter hold a summary inquiry into the challenge and may for that purpose- (a) require the challenger to adduce evidence in proof of the challenge and the person challenged to adduce evidence of proof of his identity; (b) put to the person challenged any questions necessary for the purpose of establishing his identity and require him to answer them on oath; and (c) administer an oath to the person challenged and any other person offering to give evidence. (4) If, after the inquiry, the presiding officer considers that the challenge has not been established he shall allow the person challenged to vote; and if he considers that the challenge has been established, he shall debar the person challenged from voting. (5) If the presiding officer is of the opinion that the challenge is frivolous or has not been made in good faith, he shall direct that the deposit made under sub-rule (1) be forfeited to Government and in any other case, returned to the challenger at the conclusion of the inquiry. ### 49K. Safeguards against personation. (1) Every elector about whose identity the presiding officer or the polling officer, as the case may be, is satisfied, shall allow his left forefinger to be inspected by the presiding officer or polling officer and an indelible ink mark to be put on it. (2) If any elector- (a) refuses to allow his left forefinger to be inspected or marked in accordance with sub-rule (1) or has already such a mark on his left forefinger or does any act with a view to removing the ink mark, or (b) fails or refuses to produce his identity card as required by sub-rule (3) of rule 49-H he shall not be allowed to vote. (3) Where a poll is taken simultaneously in a Parliamentary constituency and an assembly constituency, an elector whose left forefinger has been marked with indelible ink or who has produced his identity card at one such election, shall notwithstanding anything contained in sub-rules (1) and (2) be permitted to cast his vote for the other election. (4) Any reference in this rule to the left forefinger of an elector shall, in the case where the elector has his left forefinger missing, be construed as a reference to any other finger to his left hand, and shall, in the case where all the fingers of his left hand are missing, be construed as a reference to the forefinger or any other finger of his right hand, and shall in the case where all his fingers of both the hands are missing be construed as a reference to such extremity of his left or right arm as he possesses. ### 49L. Procedure for voting by voting machines. (1) Before permitting an elector to vote, the polling officer shall- (a) record the electoral roll number of the elector as entered in the marked copy of the electoral roll in a register of voters in Form 17-A; (b) obtain the signature or the thumb-impression of the elector on the said register of voters; and (c) mark the name of the elector in the marked copy of the electoral roll to indicate that he has been allowed to vote; (d) [ give details of the document produced by the elector in proof of his/her identification] [ Inserted by S.O. 728(E) , dated 8.5.2007 (w.e.f. 8.5.2007).] : Provided that no elector shall be allowed to vote unless he has put his signature or thumb-impression on the register of voters. (2) Notwithstanding anything contained in sub-rule (2) of rule 2, it shall not be necessary for any presiding officer or polling officer or any other officer to attest the thumb-impression of the elector on the register of voters. ### 49M. Maintenance of secrecy of voting by electors within the polling station and voting procedures. (1) Every elector who has been permitted to vote under rule 49-L shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down. (2) Immediately on being permitted to vote the elector shall proceed to the presiding officer or the polling officer incharge of the control unit of the voting machine who shall, by pressing the appropriate button on the control unit, activate the balloting unit, for recording of elector's vote. (3) The elector shall thereafter forthwith- (a) proceed to the voting compartment; (b) record his vote by pressing the button on the balloting unit against the name and symbol of the candidate for whom he intends to vote; and (c) come out of the voting compartment and leave the polling station. (4) Every elector shall vote without undue delay. (5) No elector shall be allowed to enter the voting compartment when another elector is inside it. (6) If an elector who has been permitted to vote under rule 49-L or rule 49-P refuses after warning given by the presiding officer to observe the procedure laid down in sub-rule (3) of the said rules, the presiding officer or a polling officer under the direction of the presiding officer shall not allow such elector to vote. (7) Where an elector is not allowed to vote under sub-rule (6), a remark to the effect that voting procedure has been violated shall be made against the elector's name in the register of voters in Form 17-A by the presiding officer under his signature. ### 49N. Recording of votes of blind or infirm electors. (1) If the presiding officer is satisfied that owing to blindness or other physical infirmities an elector is unable to recognise the symbol on the balloting unit of the voting machine or unable to record his vote by pressing the appropriate button thereon without assistance the presiding officer shall permit the elector to take with him a companion of not less than eighteen years of age to the voting compartment for recording the vote on his behalf and in accordance with his wishes: Provided that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day: Provided further that before any person is permitted to act as the companion of an elector on any day under this rule that person shall be required to declare that he will keep secret the vote recorded by him on behalf of the elector and that he has not already acted as the companion of any other elector at any other polling station on that day. (2) The presiding officer shall keep a record in Form 14-A of all cases under this rule. ### 49O. Elector deciding not to vote. - If an elector, after his electoral roll number has been duly entered in the register of voters in Form 17-A and has put his signature or thumb-impression thereon as required under sub-rule (1) of rule 49-L, decided not to record his vote, a remark to this effect shall be made against the said entry in Form 17-A by the presiding officer and the signature or thumb-impression of the elector shall be obtained against such remark. ### 49P. Tendered votes. (1) If a person representing himself to be a particular elector seeks to vote after another person has already voted as such elector, he shall, on satisfactorily answering such questions relating to his identity as the presiding officer may ask, be, instead of being allowed to vote through the balloting unit, supplied with a tendered ballot paper which shall be of such design, and the particulars of which shall be in such language or languages as the Election Commission may specify. (2) Every such elector shall before being supplied with a tendered ballot paper write his name against the entry relating to him in Form 17-B. (3) On receiving the ballot paper he shall forthwith- (a) proceed to the voting compartment; (b) record there his vote on the ballot paper by placing a cross mark `X' with the instrument or article supplied for the purpose on or near the symbol of the candidate for whom he intends to vote; (c) fold the ballot paper so as to conceal his vote; (d) show to the presiding officer, if required, the distinguishing mark on the ballot paper; (e) give it to the presiding officer who shall place it in a cover specially kept for the purpose; and (f) leave the polling station. (4) If owing to blindness or physical infirmities, such elector is unable to record his vote without assistance; the presiding officer shall permit him to take with him a companion, subject to the same conditions and after following the same procedure as laid down in rule 49-N for recording the vote in accordance with his wishes. ### 49Q. Presiding officer's entry in the voting compartment during poll. (1) The presiding officer may whenever he considers it necessary so to do, enter the voting compartment during poll and take such steps as may be necessary to ensure that the balloting unit is not tampered or interfered with in any way. (2) If the presiding officer has reason to suspect that an elector who has entered the voting compartment is tampering or otherwise interfering with the balloting unit or has remained inside the voting compartment for unduly long period, he shall enter the voting compartment and take such steps as may be necessary to ensure the smooth and orderly progress of the poll. (3) Whenever the presiding officer enters the voting compartment under this rule, he shall permit the polling agents present to accompany him if they so desire. ### 49R. Closing of poll. (1) The presiding officer shall close a polling station at the hour fixed in that behalf under section 56 and shall not thereafter admit any elector into the polling station: Provided that all electors present at the polling station before it is closed shall be allowed to cast their votes. (2) If any question arises whether an elector was present at the polling station before it was closed it shall be decided by the presiding officer and his decision shall be final. ### 49S. Account of votes recorded. (1) The presiding officer shall at the close of the poll prepare an account of votes recorded in Form 17-C and enclose it in a separate cover with the words "Account of Votes Recorded" superscribed thereon. (2) The presiding officer shall furnish to every polling agent present at the close of the poll a true copy of the entries made in Form 17-C after obtaining a receipt from the said polling agent therefor and shall attest it as a true copy. ### 49T. Sealing of voting machine after poll. (1) As soon as practicable after the closing of the poll, the presiding officer shall close the control unit to ensure that no further votes can be recorded and shall detach the balloting unit from the control unit. (2) The control unit and the balloting unit shall thereafter be sealed, and secured separately in such manner as the Election Commission may direct and the seal used for securing them shall be so affixed that it will not be possible to open the units without breaking the seals. (3) The polling agents present at the polling station, who desire to affix their seals, shall also be permitted to do so. ### 49U. Sealing of other packets. (1) The presiding officer shall then make into separate packet,- (a) the marked copy of the electoral roll; (b) the register of voters in Form 17-A; (c) the cover containing the tendered ballot papers and the list in Form 17-B; (d) the list of challenged votes; and (e) any other papers directed by the Election Commission to be kept in a sealed packet. (2) Each packet shall be sealed with the seal of the presiding officer and with the seal either of the candidate or of his election agent or of his polling agent who may be present at the polling station and may desire to affix his seal thereon. ### 49V. Transmission of voting machines, etc., to the returning officer. (1) The presiding officer shall then deliver or cause to be delivered to the returning officer at such place as the returning officer may direct,- (a) the voting machine; (b) the account of votes recorded in Form 17-C; (c) the sealed packets referred to in rule 49-U; and (d) all other papers used at the poll. (2) The returning officer shall make adequate arrangements for the safe transport of the voting machine, packets and other papers for their safe custody until the commencement of the counting of votes. ### 49W. Procedure on adjournment of poll. (1) If the poll at any polling station is adjourned under sub-section (1) of section 57, the provision of rules 49-S to 49-V shall, as far as practicable, apply as if the poll was closed at the hour fixed in that behalf under section 56. (2) When an adjourned poll is recommended under sub-section (2) of section 57, the electors who have already voted at the poll so adjourned shall not be allowed to vote again. (3) The returning officer shall provide the presiding officer of the polling station at which such adjourned poll is held, with the sealed packet containing the marked copy of the electoral roll, register of voters in Form 17-A and a new voting machine. (4) The presiding officer shall open the sealed packet in the presence of the polling agents present and use the marked copy of the electoral roll for marking the names of the electors who are allowed to vote at the adjourned poll. (5) The provisions of rule 28 and rules 49-A to 49-V shall apply in relation to the conduct of an adjourned poll before it was so adjourned. ### 49X. Closing of voting machine in case of booth capturing. - Where the presiding officer is of opinion that booth capturing is taking place at a polling station or at a place fixed for the poll, he shall immediately close the control unit of the voting machine to ensure that no further votes can be recorded and shall detach the balloting unit from the control unit. Part V – Counting Of Votes In Parliamentary And Assembly Constituencies ------------------------------------------------------------------------- ### 50. Definitions. - In this Part, unless the context otherwise requires,- (a) "candidate" means a contesting candidate; (b) "constituency" means a parliamentary or assembly constituency; (c) "counting agent" means a counting agent duly appointed under section 47 and includes a candidate and the election agent of a candidate when present at the counting; (d) "notified polling station" means a polling station notified under rule 49; (e) "polling station" means a polling station provided under section 25 other than a notified polling station. ### 51. Time and place for counting of votes. - The returning officer shall, at least one week before the date, or the first of the dates, fixed for the poll, appoint the place or places where the counting of votes will be done and the date and time at which the counting will commence and shall give notice of the same in writing to each candidate or his election agent: Provided that if for any reason the returning officer finds it necessary so to do, he may alter the date, time and place or places so fixed, or any of them, after giving notice of the same in writing to each candidate or his election agent. ### 52. Appointment of counting agents and revocation of such appointments. (1) The number of counting agents that a candidate may appoint under section 47 shall, subject to such general or special direction as the Election Commission may issue in this behalf, not exceed sixteen at the place or each of the places, fixed for counting under rule 51. (2) Every such appointment shall be made in Form 18 in duplicate, one copy of which shall be forwarded to the returning officer while the other copy shall be made over to the counting agent for production before the returning officer [not later than one hour before the time fixed] [ Substituted by S.O. 3662, dated 12.10.1964.] for counting under rule 51. (3) No counting agent shall be admitted into the place fixed for counting unless he has delivered to the returning officer the second copy of his appointment under sub-rule (2) after duly completing and signing the declaration contained therein and receiving from the returning officer an authority for entry into the place fixed for counting. (4) The revocation of appointment of a counting agent under sub-section (2) of section 48 shall be made in Form 19 and lodged with the returning officer. (5) In the event of any such revocation before the commencement of the counting of votes, the candidate or his election agent may make a fresh appointment in accordance with sub-rule (2). ### 53. Admission to the place fixed for counting. (1) The returning officer shall exclude from the place fixed for counting of votes all persons except- (a) [such persons (to be known as counting supervisors] [ Substituted by S.O. 4542, dated 20.12.1968 (w.e.f. 1.1.1969).] and counting assistants) as he may appoint to assist him in the counting; (b) persons authorised by the Election Commission; (c) public servants on duty in connection with the election; and (d) candidates, their election agents and counting agents. (2) No person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or about the election shall be appointed under clause (a) of sub-rule (1). (3) The returning officer shall decide which counting agent or agents shall watch the counting at any particular counting table or group of counting tables. (4) Any person who during the counting of votes misconducts himself or fails to obey the lawful directions of the returning officer may be removed from the place where the votes are being counted by the returning officer or by any police officer on duty or by any person authorised in this behalf by the returning officer. ### 54. Maintenance of secrecy of voting. - The returning officer shall, before he commences the counting, read out the provisions of section 128 to such persons as may be present. [54-A. Counting of votes received by post. [Inserted by S.O. 3662, dated 12.10.1964. ] (1) The returning officer shall first deal with the postal ballot papers in the manner hereinafter provided. (2) No cover in Form 13-C received by the returning officer after the expiry of the time fixed in that behalf shall be opened and no vote contained in any such cover shall be counted. (3) The other covers shall be opened one after another and as each cover is opened, the returning officer shall first scrutinise the declaration in Form 13-A contained therein. (4) If the said declaration is not found, or has not been duly signed and attested, or is otherwise substantially defective, or if the serial number of the ballot paper as entered in it differs from the serial number endorsed on the cover in Form 13-B, that cover shall not be opened, and after making an appropriate endorsement thereon, the returning officer shall reject the ballot paper therein contained. (5) Each cover so endorsed and the declaration received with it shall be replaced in the cover in Form 13-C and all such covers in Form 13-C shall be kept in a separate packet which shall be sealed and on which shall be recorded the name of the constituency, the date of counting and a brief description of its content. (6) The returning officer shall then place all the declarations in Form 13-A which he has found to be in order in a separate packet which shall be sealed before any cover in Form 13-B is opened and on which shall be recorded the particulars referred to in sub-rule (5). (7) The covers in Form 13-B not already dealt with under the foregoing provisions of this rule shall then be opened one after another and the returning officer shall scrutinise each ballot paper and decide the validity of the vote recorded thereon. (8) A postal ballot paper shall be rejected-] (a) [ if it bears any mark (other than the mark to record the vote) or writing by which the elector can be identified; or] [ Inserted by S.O. 5573, dated 23.12.1971.] (aa) [] [ Clause (a) reletterd as Clause (aa) by S.O. 5573, dated 23.12.1971.] [if no vote is recorded thereon; or [Inserted by S.O. 3662, dated 12.10.1964. ] (b) if notes are given on it in favour of more candidates than one; or (c) if it is a spurious ballot paper; or (d) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or (e) if it is not returned in the cover sent along with it to the elector by the returning officer. (9) A vote recorded on a postal ballot paper shall be rejected if the mark indicating the vote is placed on the ballot paper in such manner as to make it doubtful to which candidate the vote has been given. (10) A vote recorded on a postal ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked. (11) The returning officer shall count all the valid votes given by postal ballot in favour of each candidates, record the total thereof in the result sheet in Form 20 and announce the same. (12) Thereafter, all the valid ballot papers and all the rejected ballot papers shall be separately bundled and kept together in a packet which shall be sealed with the seals of the returning officer and of such of the candidates, their election agent or counting agents as may desire to affix their seals thereon and on the packet so sealed shall be recorded the name of the constituency, the date of counting and a brief description of its contents.] ### 55. Scrutiny and opening of ballot boxes. - [(1) The returning officer may have the ballot box or boxes used at more than one polling station opened and the ballot papers found in such box or boxes counted simultaneously.] [ Substituted by S.O. 518(E) , dated 7.9.1979.] [\* \* \*] [ Sub-Rule (1-A) omittd by S.O. 518(E) , dated 77.9.1979.] (2) Before any ballot box is opened at a counting table, the counting agents present at that table shall be allowed to inspect the paper seal or such other seal as might have been affixed thereon and to satisfy themselves that it is intact. (3) The returning officer shall satisfy himself that none of the ballot boxes has in fact been tampered with. (4) If the returning officer is satisfied that any ballot box has in fact been tampered with, he shall not count the ballot papers contained in that box and shall follow the procedure laid down in section 58 in respect of that polling station. ### 56. [Counting of votes. [ Substituted by S.O. 3662. dated 12.10.1964.] (1) The ballot papers taken out of each ballot box shall be arranged in convenient bundles and scrutinized.] (2) The returning officer shall reject a ballot paper- (a) if it bears any mark or writing by which the elector can be identified, or (b) [ if it bears no mark at all or, to indicate the vote, it bears a mark elsewhere than on or near the symbol of one of the candidates on the face of the ballot paper or, it bears a mark made otherwise than with the instrument supplied for the purpose, or] [ Substituted by S.O. 505(E) , dated 18.9.1973.] (c) if votes are given on it in favour of more than one candidates, or (d) if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been given, or (e) if it is a spurious ballot paper, or (f) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established, or (g) if it bears a serial number, or is of a design, different from the serial numbers, or, as the case may be, design, of the ballot papers authorised for use at the particular polling station, or (h) if it does not bear [both the mark and the signature] [ Substituted by S.O. 4542, dated 20.12.1968 (w.e.f. 1.1.1969).] which it should have borne under the provisions of sub-rule (1) of rule 38: Provided that where the returning officer is satisfied that any such defect as is mentioned in clause (g) or clause (h) has been caused by any mistake or failure on the part of a presiding officer or polling officer, the ballot paper shall not be rejected merely on the ground of such defect: Provided further that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked. (3) Before rejecting any ballot paper under sub-rule (2), the returning officer shall allow each counting agent present a reasonable opportunity to inspect the ballot paper but shall not allow him to handle it or any other ballot paper. (4) [ The returning officer shall endorse on every ballot paper which he rejects the word "Rejected" and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber stamp and shall initial such endorsement.] [ Substituted by S.O. 479-A, dated 27.1.1971.] (5) All ballot papers rejected under this rule shall be bundled together. (6) [ Every ballot paper which is not rejected under this rule shall be counted as one valid vote: Provided that no cover containing tendered ballot papers shall be opened and no such paper shall be counted.] [ Inserted by S.O. 3662, dated 12.10.1964.] (7) After the counting of all ballot papers contained in all the ballot boxes used at a polling station has been completed,- [(a) the counting supervisor shall fill in and sign Part II-Result of Counting, in Form 16, which shall also be signed by the returning officer; and (b) the returning officer shall make the entries in a result sheet in Form 20 and announce the particulars.] [\* \* \*] [ Explanation omitted by S.O. 518(E) , dated 12.10.1964.] ### 57. [ Sealing of used ballot papers. [Substituted by S.O. 3662, dated 12.10.1964. ] - The valid ballot papers of each candidate and the rejected ballot papers shall thereafter be bundled separately and the several bundles made up into a separate packet which shall be sealed with the seals of the returning officer and of such of the candidates, their election agents or counting agents as may desire to affix their seals thereon; and on the packets so sealed shall be recorded the following particulars, namely:- (a) the name of the constituency;] (b) [ the particulars of the polling station where the ballot papers have been used; and [ Inserted by S.O. 518(E) , dated 7.9.1979.] (c) the date of counting.] ### 58. Counting of ballot papers transferred to bags or covers under rule 44 .-The provisions of rules 55, 56 and 57 shall apply so far as may be in relation to counting of ballot papers and votes, if any, which have been transferred from ballot boxes to cloth bags or cloth-lined covers under sub-rule (5) of rule 44: Provided that every reference in the said rules to a ballot box shall be construed as a reference to a bag or cover to which the contents of a ballot box have been transferred. ### 59. Counting of votes at notified polling stations. - In relation to the counting of ballot papers found in ballot boxes used at notified polling stations, [rules 50 to 54] [ Substituted by S.O. 5573, dated 23.12.1971.] and, in lieu of rules 55, 56 and 57, the following rules shall apply, namely:- "55-A. Scrutiny and opening of ballot boxes .-(1) All ballot boxes used at a notified polling station shall be opened at the same time but every ballot box shall be dealt with in such manner that its contents do not get mixed up with the contents of any other ballot box. (2) Subject to the provisions of sub-rule (1), the returning officer may have the ballot boxes used at more notified polling stations than one opened and their contents counted simultaneously. (3) Before any ballot box is opened, the counting agents present shall be allowed to inspect the paper seal or any other seal that might have been affixed thereon and to satisfy themselves that it is intact. (4) The returning officer shall satisfy himself that none of the ballot boxes has in fact been tampered with. (5) If the returning officer is satisfied that any of the ballot boxes has in fact been tampered with, he shall not count the ballot papers contained in any of the ballot boxes used at the polling station at which such box was used and shall proceed as laid down in section 58 in respect of that polling station. (6) After each ballot box is opened, the counting agents present shall be allowed to inspect the ballot box and satisfy themselves that it bears the proper symbol inside and has been duly marked in accordance with the provisions of sub-rule (6) of rule 33 as modified by clause (c) of sub-rule (3) of rule 49. (7) If any question arises as to the candidates to whom a particular ballot box was allotted at the poll, the returning officer shall decide such question by a reference to the symbol inside the box: Provided that- (a) if there is no symbol inside the box, or (b) if the symbol inside the box has been damaged or mutilated beyond recognition, or (c) if the same symbol is found on two or more boxes used at the same polling station, the returning officer, shall, wherever possible, decide the question by reference to all relevant circumstances including the distinguishing marks on the ballot box, and where he does not consider it possible to decide the question, he shall immediately refer it to the Election Commission for its decision. ### 56. -A. [Counting of votes] [ Substituted by S.O. 3662, dated 12.10.1964.] .- (1) The ballot papers taken out of each ballot box shall be arranged in convenient bundles and scrutinised. (2) The returning officer shall reject a ballot paper- (a) if it bears any mark or writing by which the elector can be identified; or (b) if it is a spurious ballot paper; or (c) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established; or (d) if it bears a serial number, or is of a design, different from the serial numbers or, as the case may be, design, of the ballot papers authorised for use at the particular polling station; or (e) if it does not bear [both the mark and the signature] [ Substituted by S.O. 4542, dated 20.12.1968 (w.e.f. 1.1.1969).] which it should have borne under the provisions of sub-rule (1) of rule 38: Provided that where the returning officer is satisfied that any such defect as is mentioned in clause (d) or clause (e) has been caused by any mistake or failure on the part of a presiding officer or polling officer, the ballot paper shall not be rejected merely on the ground of such defect. (3) Before rejecting any ballot paper under sub-rule (2), the returning officer shall allow the counting agents present a reasonable opportunity to inspect the ballot paper but shall not allow them to handle it or any other ballot paper. (4) The returning officer shall record on every ballot paper which he rejects the letter `R' and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber stamp. (5) All ballot papers taken out of any one ballot box and rejected under this rule shall be made into a separate bundle. (6) [ Every ballot paper which is not rejected under this rule shall be counted as one valid vote: [ Inserted by S.O. 3662, dated 12.10.1964.] Provided that no cover containing tendered ballot papers shall be opened and no such ballot paper shall be counted.] [Substituted by S.O. 518(E) , dated 7.9.1979. ] (7) After the counting of all ballot papers contained in all the ballot boxes used at a polling station has been completed,- (a) the counting supervisor shall fill in and sign Part II-Result of Counting in [Form 16 which shall also be signed by the returning officer; and [ Substituted by S.O. 518(E) , dated 7.9.1979.] (b) the returning officer shall make the entries in a result sheet in Form 20 and announce the particulars.] [57-A. Sealing of used ballot papers [Substituted by S.O.3662, dated 12.10.1964. ] .-(1) The valid ballot papers found in each ballot box, shall thereafter be bundled together and kept along with the bundle of rejected ballot papers, if any found in that box in a separate packet which shall be sealed with the seals of the returning officer and of such of the candidates, their election agents or counting agents as may desire to affix their seals thereon and on the packet so sealed there shall be recorded the following particulars, namely:- (a) the name of the constituency, (b) the particulars of the polling station where the ballot papers have been used, (c) the name of the candidate to whom the ballot box was allotted, and (d) the date of counting. (2) The returning officer shall then place together all the packets made up under sub-rule (1) in respect of each candidate in a separate container which shall be sealed with the seals of the returning officer and of such of the candidates, their election agents or their counting agents as may desire to affix their seals thereon and on the container so sealed shall be recorded the following particulars, namely:- (a) the name of the constituency, (b) the names of the candidates, and (c) the date of counting.".] [59-A. ] [Inserted by S.O. 958(E) , dated 17.11.1989. ] [Counting of votes in specified constituencies. [Substituted by S.O. 105(E) , dated 15.2.1993. ] - Where the Election Commission apprehends intimidation and victimisation of electors in any constituency and it is of the opinion that it is absolutely necessary that the ballot papers taken out of all boxes used in that constituency should be mixed before counting, it may, by notification in the Official Gazette, specify such constituency and for counting of such ballot papers, in lieu of rules 55, 56, 57 and 59, the following rules shall apply], namely:- "55-B. Scrutiny and opening of ballot boxes .-(1) The returning officer shall open, or cause to be opened, simultaneously the ballot box or boxes used at more than one polling station and shall have the total number of ballot papers found in such box or boxes counted and recorded in Part II of From 16: Provided that discrepancy, if any, between the total number of such ballot papers recorded as aforesaid and the total number of ballot papers shown against item No. 5 of Part I shall also be recorded in Part II of Form 16. (2) Before any ballot box is opened at a counting table, the counting agents present at that table shall be allowed to inspect the paper seal or such other seal as might have been affixed thereon and to satisfy themselves that it is intact. (3) The returning officer shall satisfy himself that none of the ballot boxes has in fact been tampered with. (4) If the returning officer is satisfied that any ballot box has in fact been tampered with, he shall not count the ballot papers contained in that box and shall follow the procedure laid down in section 58 in respect of that polling station. ### 56. -B. Counting of votes .-(1) Subject to such general or special directions, if any, as may be given by the Election Commission in this behalf, the ballot papers taken out of all boxes [used at more than one polling station in a constituency,] [ Substituted by S.O. 15(E) , dated 15.2.1993.] shall be mixed together and then arranged in convenient bundles and scrutinised. (2) The returning officer shall reject a ballot paper- (a) if it bears any mark or writing by which the elector can be identified, or (b) if it bears no mark at all or, to indicate the vote, it bears a mark elsewhere than on or near the symbol of one of the candidates on the face of the ballot paper or, it bears a mark made otherwise than with the instrument supplied for the purpose, or (c) if votes are given on it in favour of more than one candidate, or (d) if the mark indicating the vote thereon is placed in such manner as to make it doubtful to which candidate the vote has been given, or (e) if it is a spurious ballot paper, or (f) if it is so damaged or mutilated that its identity as a genuine ballot paper cannot be established, or (g) if it bears a serial number, or is of a design, different from the serial numbers, or, as the case may be, design, of the ballot papers authorised for use at the particular polling station, or (h) if it does not bear both the mark and the signature which it should have borne under the provisions of sub-rule (1) of rule 38: Provided that where the returning officer is satisfied that any such defect as is mentioned in clause (g) or clause (h) has been caused by any mistake or failure on the part of a presiding officer or polling officer, the ballot paper shall not be rejected merely on the ground of such defect: Provided further that a ballot paper shall not be rejected merely on the ground that the mark indicating the vote is indistinct or made more than once, if the intention that the vote shall be for a particular candidate clearly appears from the way the paper is marked. (3) Before rejecting any ballot paper under sub-rule (2), the returning officer shall allow each counting agent present a reasonable opportunity to inspect the ballot paper but shall not allow him to handle it or any other ballot paper. (4) The returning officer shall endorse on every ballot paper which he rejects the word "Rejected" and the grounds of rejection in abbreviated form either in his own hand or by means of a rubber stamp and shall initial such endorsement. (5) All ballot papers rejected under this rule shall be bundled together. (6) Every ballot paper which is not rejected under this rule shall be counted as one valid vote: Provided that no cover containing tendered ballot shall be opened and no such paper shall be counted. (7) After the counting of all ballot papers contained in all the ballot boxes used in a constituency has been completed, the returning officer shall make the entries in a result sheet in Form 20-A and announce the particulars. Explanation .-For the purpose of this rule, the expression "constituency" shall, in relation to an election from a parliamentary constituency, mean the assembly constituency comprised therein. ### 57. -B. Sealing of used ballot papers .-The valid ballot papers of each candidate and the rejected ballot papers shall thereafter be bundled separately and the several bundles made up into a separate packet which shall be sealed with the seals of the returning officer and of such of the candidates, their election agents or counting agents as may desire to affix their seals thereon and on the packets so sealed shall be recorded the following particulars, namely:- (a) the name of the constituency; and (b) the date of counting.". ### 60. Counting to be continuous. - The returning officer shall, as far as practicable, proceed continuously with the counting and shall, during any intervals when the counting has to be suspended, keep the ballot papers, packets and all other papers relating to the election sealed with his own seal and the seals of such candidates or election agents as may desire to affix their seals and take sufficient precaution for their safe custody during such intervals. ### 61. Recommencement of counting after fresh poll. (1) If a fresh poll is held under section 58, the returning officer shall, after completion of that poll, recommence the counting of votes on the date and at the time and place which have been fixed by him in that behalf and of which notice has been previously given to the candidates and their election agents. (2) The provisions of rules 56 and 57 shall apply so far as may be to such further counting. ### 62. [\* \* \*] [ Rule 62 omitted by S.O. 3662, dated 12.10.1964.] ### 63. Re-count of votes. (1) After the completion of the counting, the returning officer shall record in the result sheet in Form 20 the total number of votes polled by each candidate and announce the same. (2) [ After such announcement has been made, a candidate or, in his absence, his election agent or any of his counting agents may apply in writing to the returning officer to re-count the votes either wholly or in part stating the grounds on which the demands such re-count.] [ Substituted by S.O. 3662, dated 12.10.1964.] (3) On such an application being made the returning officer shall decide the matter and may allow the application in whole or in part or may reject it in toto if it appears to him to be frivolous or unreasonable. (4) Every decision of the returning officer under sub-rule (3) shall be in writing and contain the reasons therefor. (5) If the returning officer decides under sub-rule (3) to allow a re-count of the votes either wholly or in part, he shall- [(a) do the re-counting in accordance with ] [rule 54-A,] [ Inserted by S.O. 3450, dated 9.11.1966.] [rule 56 or rule 56-A, as the case may be; [Substituted by S.O. 3662, dated 12.10.1964. ] (b) amend the result sheet in Form 20 to the extent necessary after such re-count; and (c) announce the amendments so made by him.] (6) After the total number of votes polled by each candidate has been announced under sub-rule (1) or sub-rule (5), the returning officer shall complete and sign the result sheet in Form 20 and no application for a re-count shall be entertained thereafter: Provided that no step under this sub-rule shall be taken on the completion of the counting until the candidates and election agents present at the completion thereof have been given a reasonable opportunity to exercise the right conferred by sub-rule (2) . ### 64. [ Declaration of result of election and return of election. [Substituted by S.O. 4542, dated 20.12.1968 (w.e.f. 1.1.1969). ] - The returning officer shall, subject to the provisions of section 65 if and so far as they apply to any particular case, then- (a) declare in Form 21-C or Form 21-D, as may be appropriate, the candidate to whom the largest number of valid votes have been given, to be elected under section 66 and send signed copies thereof to the appropriate authority, the Election Commission and the chief electoral officer; and (b) Complete and certify the return of election in Form 21-E, and send signed copies thereof to the Election Commission and the chief electoral officer.] ### 65. Counting at two or more places . -If ballot papers are counted at more places than one, the provisions of rules 53, 54 and 55 to 60 shall apply to the counting at each such place, but the provisions of [rules 54-A, 63 and 64] [ Substituted by S.O. 3450 dated 9.11.1966.] shall apply only to the counting at the last of such places. ### 66. Grant of certificate of election to returned candidate. - As soon as may be after a candidate has been declared by the returning officer under the provisions of section 53, or section 66, to be elected, the returning officer shall grant to such candidate a certificate of election in Form 22 and obtain from the candidate an acknowledgment of its receipt duly signed by him and immediately send the acknowledgment by registered post to the Secretary of the House of the People or, as the case may be, the Secretary of the Legislative Assembly. [66-A. Counting of votes where electronic voting machines have been used. [Inserted by S.O. 230(E) , dated 24.3.1992 and corrected by S.O. 530(E), dated 17.7.1992. ] - In relation to the counting of votes cast at a polling station, where voting machine has been used,- (i) the provisions of rules 50 to 54 and in lieu of rules 55, 56 and 57, the following rules shall respectively apply, namely:- "55-C. Scrutiny and inspection of voting machines .-(1) The returning officer may have the control units of the voting machines used at more than one polling station taken up for scrutiny and inspection and votes recorded in such units counted simultaneously. (2) Before the votes recorded in any control unit of voting machine are counted under sub-rule (1), the candidate or his election agent or his counting agent present at the counting table shall be allowed to inspect the paper seal and such other vital seals as might have been affixed on the unit and to satisfy themselves that the seals are intact. (3) The returning officer shall satisfy himself that none of the voting machines has in fact been tampered with. (4) If the returning officer is satisfied that any voting machine has in fact been tampered with, he shall not count the votes recorded in that machine and shall follow the procedure laid down in section 58, or section 58-A or section 64-A, as may be applicable in respect of the polling station or stations where that machine was used. ### 56. -C. Counting of votes .-(1) After the returning officer is satisfied that a voting machine has in fact not been tampered with, he shall have the votes recorded therein counted by pressing the appropriate button marked "Result" provided in the control unit whereby the total votes polled and votes polled by each candidate shall be displayed in respect of each such candidate on the display panel provided for the purpose in the unit. (2) As the votes polled by each candidate are displayed on the control unit, the returning officer shall have,- (a) the number of such votes recorded separately in respect of each candidate in Part II on Form 17-C; (b) Part II of Form 17-C completed in other respects and signed by the counting supervisor and also by the candidates or their election agents or their counting agents present; and (c) corresponding entries made in a result sheet in Form 20 and the particulars so entered in the result sheet announced. ### 57. -C. Sealing of voting machines .-(1) After the result of voting recorded in a control unit has been ascertained candidate-wise and entered in Part II of Form 17-C and Form 20 under rule 56-C, the returning officer shall reseal the unit with his seal and the seals of such of the candidates or their election agents present who may desire to affix their seals thereon so however that the result of voting recorded in the unit is not obliterated and the unit retains the memory of such result. (2) The control unit so sealed shall be kept in specially prepared boxes on which the returning officer shall record the following particulars, namely:- (a) the name of the constituency; (b) the particulars of polling station or stations where the control unit has been used; (c) serial number of the control unit; (d) date of poll; and (e) date of counting.'; (ii) the provisions of rules 60 to 66 shall, so far as may be, apply in relation to voting by voting machines and any reference in those rules to,- (a) ballot paper shall be construed as including a reference to such voting machine; (b) any rule shall be construed as a reference to the corresponding rule in Chapter II of Part IV or, as the case may be, to rule 55-C or 56-C or 57-C.] Part VI – Voting At Elections By Assembly Members And In Council Constituencies --------------------------------------------------------------------------------- ### 67. [ Definition. [Substituted by S.O. 272(E) , dated 27.2.2004, for Rule 67 (w.e.f. 27.2.2004). ] - Unless the context otherwise requires, in this Part- (a) and in rule 84, "authorised agent", in respect of a political party, means an authorised agent appointed, under sub-rule (2) of rule 39-AA as made applicable, by clause (ii) of rule 70, to election, in a council constituency and, by assembly members other than by postal ballot under clause (a) of rule 68, by that political party; (b) "election" means an election by assembly members or an election in a council constituency.] [Substituted by S.O. 3662, dated 12.10.1964. ] ### 68. Notification as to postal ballot. - The Election Commission may, by notification published in the Official Gazette at any time before the last date for the withdrawal of candidatures at an election, direct that the method of voting by postal ballot shall be followed:- (a) at that election, if it is an election by assembly members; or (b) in the whole or any specified parts of the constituency, if it is an election in a council constituency. ### 69. [ Notice to electors at election by assembly members. [ Substituted by S.O. 3662, dated 12.10.1964.] - At an election by assembly members where a poll becomes necessary, the returning officer for such election shall, as soon as may be after the last date for the withdrawal of candidatures, send to each elector a notice informing him of the date, time and place fixed for polling.] ### 70. Rules for conduct of poll. - The provisions of [rules 28 to 35 and 36 to 48] [ Substituted by S.O. 3450, dated 9.11.1966.] shall apply- (a) to every election by assembly members in respect of which no direction has been issued under clause (a) of rule 68, and (b) to every election in a council constituency unless voting by postal ballot has been directed in the whole of that constituency under clause (b) of rule 68, subject to the following modifications, namely:- (i) clause (a) of sub-rule (l) of rule 31 shall not apply to an election by assembly members; (ii) i [n lieu of rules 37 to 40] [ Substituted by S.O. 1520, dated 25.4.1968.] , the following rules shall apply:- "37-A. Method of voting .-(1) Every elector has only one vote at an election irrespective of the number of seats to be filled. [(1-A) The provisions of sub-rules (1) , (2) and (4) of rule 37 shall apply in relation to electors in the graduates' constituencies and teachers' constituencies as they apply in relation to electors in the Parliamentary constituencies and Assembly constituencies.] [ Inserted by S.O. 335(E) , dated 23.4.1990.] (2) An elector in giving his vote- (a) shall place on his ballot paper the figure 1 in the space opposite the name of the candidate for whom he wishes to vote in the first instance; and (b) may, in addition, place on his ballot paper the figure 2 or the figures 2 and 3, or the figures 2, 3 and 4 and so on, in the space opposite the names of the other candidates in the order of his preference. [ Explanation .-The figures referred to in clauses (a) and (b) of this sub-rule may be marked in the international form of Indian numerals or in the Roman form or in the form used in any Indian language but shall not be indicated in words.] [ Inserted by S.O. 3875(E) , dated 15.12.1966.] [38-A. Issue of ballot papers to electors [Substituted by S.O. 5573, dated 23.12.1971. ] .-(1) Every ballot paper, before it is issued to an elector, and the counterfoil attached thereto shall be stamped on the back with such distinguishing mark as the Election Commission may direct, and every ballot paper, before it is issued, shall be signed in full on its back by the presiding officer. (2) At the time of issuing a ballot paper to an elector, the polling officer shall- (a) record on its counterfoil the electoral roll number of the elector as entered in the marked copy of the electoral roll; (b) obtain the signature or thumb-impression of that elector on the said counterfoil; and] (c) [ mark the name of the elector in the marked copy of the electoral roll to indicate that a ballot paper has been issued to him,- (i) and record in the marked copy of the electoral roll, the serial number of the ballot paper issued to that elector, in the case of an election to fill a seat or seats in the Council of States; (ii) without recording therein the serial number of the ballot paper issued to that elector, in the case of an election to fill a seat or seats in the Legislative Council of a State: Provided that no ballot paper shall be delivered to an elector unless he has put his signature or thumb-impression on the counterfoil of that ballot paper.] (3) Notwithstanding anything contained in sub-rule (2) of rule 2, it shall not be necessary for any presiding officer or polling officer or any other officer to attest the thumb-impression of the elector on the counterfoil. (4) [Subject to rule 39-AA, no person] [ Substituted by S.O. 272(E) , dated 27.2.2004 (w.e.f. 27.2.2004).] in the polling station shall note down the serial numbers of the ballot papers issued to particular electors. (5) [ Before any ballot paper is delivered to an elector at an election to fill a seat or seats in the Legislative Council of a State by assembly members or in a local authorities' constituency, the serial number of the ballot papers shall be effectively concealed in such manner as the Election Commission may direct.] [Substituted by S.O. 272(E) , dated 27.2.2004 (w.e.f. 27.2.2004). ] [39-A. Maintenance of secrecy of voting by electors within polling station and voting procedure [Substituted by S.O. 286(E) , dated 8.5.1974. ] .-(1) Every elector, to whom a ballot paper has been issued under rule 38-A or under any other provision of these rules, shall maintain secrecy of voting within the polling station and for that purpose observe the voting procedure hereinafter laid down. (2) The elector on receiving the ballot paper shall forthwith- (a) proceed to one of the voting compartments; (b) record his vote in accordance with sub-rule (2) of rule 37-A with the article supplied for the purpose; (c) fold the ballot paper so as to conceal his vote;] (d) [ if required, show to the presiding officer, the distinguishing mark on the ballot paper;] [ Inserted by S.O. 340(E) , dated 4.6.1986.] (e) [] [ Clauses (d) and (e) relettered as Clauses (e) and (f) by S.O. 340(E), dated 4.6.1986.] [insert the folded paper into the ballot box; and] [Substituted by S.O. 286(E) , dated 8.5.1974. ] (f) [] [Clauses (d) and (e) relettered as Clauses (e) and (f) by S.O. 340(E), dated 4.6.1986. ] [quit the polling station. [Substituted by S.O. 286(E) , dated 8.5.1974. ] (3) Every elector shall vote without undue delay. (4) No elector shall be allowed to enter a voting compartment when another elector is inside it. (5) If an elector to whom a ballot paper has been issued, refuses, after warning given by the presiding officer to observe the procedure as laid down in sub-rule (2), the ballot paper issued to him shall, whether he has recorded his vote thereon or not, be taken back from him by the presiding officer or a polling officer under the direction of the presiding officer. (6) After the ballot paper has been taken back, the presiding officer shall record on its back the words "Cancelled: voting procedure violated" and put his signature below those words. (7) All the ballot papers on which the words "Cancelled: voting procedure violated" are recorded, shall be kept in a separate cover which shall bear on its face the words "Ballot papers: voting procedure violated". (8) Without prejudice to any other penalty to which an elector, from whom a ballot paper has been taken back under sub-rule (5), may be liable, vote, if any, recorded on such ballot paper shall not be counted.] [39-AA. Information regarding casting of votes [Inserted by S.O. 272(E) , dated 27.2.2004 (w.e.f. 27.2.2004). ] .-(1) Notwithstanding anything contained in rule 39-A, the presiding officer shall, between the period when an elector being a member of a political party records his vote on a ballot paper and before such elector inserts that ballot paper into the ballot box, allow the authorised agent of that political party to verify as to whom such elector has cast his vote: Provided that if such elector refuses to show his marked ballot paper to the authorised agent of his political party, the ballot paper issued to him shall be taken by the presiding officer or a polling officer under the direction of the presiding officer and the ballot paper so taken back shall then be further dealt with in the manner specified in sub-rules (6) to (8) of rule 39-A as if such ballot paper had been taken back under sub-rule (5) of that rule. (2) Every political party, whose member as an elector casts a vote at a polling station, shall, for the purposes of sub-rule (1), appoint, in Form 22-A, two authorised agents. (3) An authorised agent appointed under sub-rule (2) shall be present throughout the polling hours at the polling station and the other shall relieve him when he goes out of the polling station or vice versa .] [40-A. Recording of votes of illiterate, blind or infirm electors [Inserted by S.O. 1520, dated 25.4.1968. ] .- (1) If an elector is unable to read the ballot paper or to record his vote thereon in accordance with rule 37-A by reason of illiteracy, blindness or other infirmity, the presiding officer shall, on being satisfied about such illiteracy, blindness or infirmity, permit the elector to take with him a companion of not less than ][eighteen] [ Substituted by S.O. 542(E) , dated 13.7.1989.] [years of age who is able to read the ballot paper and record the vote thereon on behalf of, and in accordance with the wishes of, the elector and, if necessary, to fold the ballot paper so as to conceal the vote and insert it into the ballot box: Provided that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day: Provided further that before any person is permitted to act as the companion of an elector on any day under this rule, the person shall be required to declare that he will keep secret the vote recorded by him on behalf of the elector and that he has not already acted as the companion of any other elector at any polling station on that day:] [Inserted by S.O. 1520, dated 25.4.1968. ] [Provided also that at an election by assembly members no such companion shall be an elector at that election.] [ Added by S.O. 5573, dated 23.12.1971.] (2) [ The presiding officer shall keep a record in Form 14-A of all the cases under this rule. (3) The presiding officer shall, when he is so requested by the companion of an elector, explain to him the instructions for the recording of votes.";] [Inserted by S.O. 1520, dated 25.4.1968. ] (iii) in lieu of rule 44, the following rule shall apply:- "44-B. Sealing of ballot box after poll .-As soon as practicable after the close of the poll, the [presiding officer] [ Substituted by S.O. 2912, dated 21.8.1964.] shall, in the presence of any polling agents who may be present, close the slit for insertion of ballot papers of each ballot box or where the box does not contain any mechanical device for closing the slit, seal up the slit and secure the ballot box: Provided that it shall not be necessary to seal the slit or secure the ballot box if the counting of votes is to begin immediately after the close of the poll."; (iv) [ in rule 46, in sub-rule (1), in lieu of clauses (b) and (c), the following clauses shall apply:- [ Substituted by S.O. 286(E) , dated 8.5.1974.] "(b) the ballot papers signed in full by the presiding officer under sub-rule (1) of rule 38-A but not issued to the voters; (c) the ballot papers cancelled for violation of voting procedure under rule 39-A.".] Part VII – Counting Of Votes At Elections By Assembly Members Or In Council Constituencies -------------------------------------------------------------------------------------------- ### 71. Definitions. - In this Part,- (1) "continuing candidate" means any candidate not elected and not excluded from the poll at any given time; (2) "count" means- (a) all the operations involved in the counting of the first preferences recorded for candidates; or (b) all the operations involved in the transfer of the surplus of an elected candidate; or (c) all the operations involved, in the transfer of the total value of votes of an excluded candidate; (3) "exhausted paper" means a ballot paper on which no further preference is recorded for a continuing candidate, provided that a paper shall also be deemed to have become exhausted whenever- (a) the names of two or more candidates, whether continuing or not, are marked with the same figure and are next in order of preference; or (b) the name of the candidate next in order of preference, whether continuing or not, is marked by a figure not following consecutively after some other figure on the ballot paper or by two or more figures; (4) "first preference" means the figure 1 set opposite the name of a candidate; "second preference" means the figure 2 set opposite the name of a candidate; "third preference" means the figure 3 set opposite the name of a candidate, and so on; (5) "original vote", in relation to any candidate, means a vote derived from a ballot paper on which a first preference is recorded, for such candidate; (6) "surplus" means the number by which the value of the votes, original and transferred, of any candidate exceeds the quota; (7) "transferred vote", in relation to any candidate, means a vote the value or the part of the value of which is credited to such candidate and which is derived from a ballot paper on which a second or a subsequent preference is recorded for such candidate; and (8) "unexhausted paper" means a ballot paper on which a further preference is recorded for a continuing candidate. ### 72. Application of certain rules. - The provisions of rules 51 to 54 shall apply to the counting of votes at any election by assembly members or in a council constituency as they apply to the counting of votes at an election in a parliamentary or assembly constituency. ### 73. Scrutiny and opening of ballot boxes and the packets of postal ballot papers. (1) The returning officer shall- (a) [ first deal with the covers containing the postal ballot papers, if any, in the manner provided in sub-rules (2) to (7) of rule 54-A; [ Substituted by S.O. 3662, dated 12.10.1964.] (b) then open the ballot boxes, take out from each box and count the ballot papers contained therein, and record their number in a statement;] (c) scrutinise the ballot papers taken out of the ballot boxes as well as the postal ballot papers taken out from the covers; and (d) separate the ballot papers which he deems valid from those which he rejects endorsing on each of the latter the word "Rejected" and the ground of rejection. (2) [Subject to rule 38-A as made applicable, by clause (ii) of rule 70, to election, in a council constituency and, by assembly members other than by postal ballot under clause (a) of rule 68, a ballot paper shall] [ Substituted by S.O. 272(E) , dated 27.2.2004(w.e.f. 27.2.2004).] be invalid on which- (a) the figure 1 is not marked; or (b) the figure 1 is set opposite the name of more than one candidate or is so placed as to render it doubtful to which candidate it is intended to apply; or (c) the figure 1 and some other figures are set opposite the name of the same candidate; or (d) there is any mark or writing by which the elector can be identified; [or] [ Inserted by S.O. 286(E) , dated 8.5.1974.] (e) [ there is any figure marked otherwise than with the article supplied for the purpose: [ Substituted by S.O. 795(E) , dated 14.12.1976.] Provided that this clause shall not apply to a postal ballot paper: Provided further that where the returning officer is satisfied that any such defect as is mentioned in this clause has been caused by any mistake or failure on the part of a presiding officer or polling officer, the ballot paper shall not be rejected, merely on the ground of such defect.] [ Explanation .-The figures referred to in clauses (a) , (b) and (c) of this sub-rule may be marked in the international form of Indian numerals or in the Roman form or in the form used in any Indian language, but shall not be indicated in words.] [ Substituted by S.O. 3662, dated 12.10.1964.] ### 74. Arrangement of valid ballot papers in parcels. - After rejecting the ballot papers which are invalid, the returning officer shall- (a) arrange the remaining ballot papers in parcels according to the first preference recorded for each candidate; (b) count and record the number of papers in each parcel and the total number; and (c) credit to each candidate the value of the papers in his parcel. ### 75. Counting of votes where only one seat is to be filled. (1) At any election where only one seat is to be filled, every valid ballot paper shall be deemed to be of the value of 1 at each count, and the quota sufficient to secure the return of a candidate at the election shall be determined as follows: - (a) add the values credited to all the candidates under clause (c) of rule 74; (b) divide the total by 2; and (c) add 1 to the quotient ignoring the remainder, if any, and the resulting number is the quota. (2) If, at the end of the first or any subsequent count, the total value of the ballot papers credited to any candidate is equal to, or greater than, the quota or there is only one continuing candidate, that candidate shall be declared elected. (3) If, at the end of any count, no candidate can be declared elected, the returning officer shall- (a) exclude from the poll the candidate who up to that stage has been credited with the lowest value; (b) examine all the ballot papers in his parcels and sub-parcels, arrange the unexhausted papers in sub-parcels according to the next available preferences recorded thereon for the continuing candidates, count the number of papers in each such sub-parcel and credit it to the candidate for whom such preference is recorded, transfer the sub-parcel to that candidate, and make a separate sub-parcel of all the exhausted papers; and (c) see whether any of the continuing candidates has, after such transfer and credit, secured the quota. (4) If, when a candidate has to be excluded under clause (a) of sub-rule (3), two or more candidates have been credited with the same value and stand lowest on the poll, the candidate for whom the lowest number of original votes are recorded shall be excluded, and if this number also is the same in the case of two or more candidates, the returning officer shall decide by lot which of them shall be excluded. Counting of votes when more than one seat is to be filled ### 76. Ascertainment of quota. - At any election where more than one seat is to be filled, every valid ballot paper shall be deemed to be of the value of 100, and the quota sufficient to secure the return of a candidate at the election shall be determined as follows:- (a) add the values credited to all the candidates under clause (c) of rule 74; (b) divide the total by a number which exceeds by 1 the number of vacancies to be filled; and (c) add 1 to the quotient ignoring the remainder, if any, and the resulting number is the quota. ### 77. General instruction. - In carrying out the provisions of rules 78 to 82, the returning officer shall disregard all fractions and ignore all preferences recorded for candidates already elected or excluded from the poll. ### 78. Candidates with quota elected. - If at the end of any count or at the end of the transfer of any parcel or sub-parcel of an excluded candidate the value of ballot papers credited to a candidate is equal to, or greater than the quota, that candidate shall be declared elected. ### 79. Transfer of surplus. (1) If at the end of any count the value of the ballot papers credited to a candidate is greater than the quota, the surplus shall be transferred, in accordance with the provisions of this rule, to the continuing candidates indicated on the ballot papers of that candidate as being next in order of the elector's preference. (2) If more than one candidate have a surplus, the largest surplus shall be dealt with first and the others in order of magnitude: Provided that every surplus arising on the first count shall be dealt with before those arising on the second count and so on. (3) Where there are more surpluses than one to distribute and two or more surpluses are equal, regard shall be had to the original votes of each candidate and the candidate for whom most original votes are recorded shall have his surplus first distributed; and if the values of their original votes are equal, the returning officer shall decide by lot which candidate shall have his surplus first distributed. (4) (a) If the surplus of any candidate to be transferred arises from original votes only, the returning officer shall examine all the papers in the parcel belonging to that candidate, divide the unexhausted papers into sub-parcels according to the next preferences recorded thereon and make a separate sub-parcel of the exhausted papers. (b) He shall ascertain the value of the papers in each sub-parcel and of all the unexhausted papers. (c) If the value of the unexhausted papers is equal to or less than the surplus, he shall transfer all the unexhausted papers at the value at which they were received by the candidate whose surplus is being transferred. (d) If the value of the unexhausted papers is greater than the surplus, he shall transfer the sub-parcels of unexhausted papers and the value at which each paper shall be transferred shall be ascertained by dividing the surplus by the total number of unexhausted papers. (5) If the surplus of any candidate to be transferred arises from transferred as well as original votes, the returning officer shall re-examine all the papers in the sub-parcel last transferred to the candidate, divide the unexhausted papers into sub-parcels according to the next preferences recorded thereon, and then deal with the sub-parcels in the same manner as is provided in the case of sub-parcels referred to in sub-rule (4). (6) The papers transferred to each candidate shall be added in the form of a sub-parcel to the papers already belonging to such candidate. (7) All papers in the parcel or sub-parcel of an elected candidate not transferred under this rule shall be set apart as finally dealt with. ### 80. Exclusion of candidates lowest on the poll. (1) If after all surplus have been transferred as hereinbefore provided, the number of candidates elected is less than the required number, the returning officer shall exclude from the poll the candidate lowest on the poll and shall distribute his unexhausted papers among the continuing candidates according to the next preferences recorded thereon; and any exhausted papers shall be set apart as finally dealt with. (2) The papers containing original votes of an excluded candidate shall first be transferred, the transfer value of each paper being one hundred. (3) The papers containing transferred votes of an excluded candidate shall then be transferred in the order of the transfers in which, and at the value at which, he obtained them. (4) Each of such transfers shall be deemed to be a separate transfer but not a separate count. (5) If, as a result of the transfer of papers, the value of votes obtained by the candidate is equal to or greater than the quota, the count then proceeding shall be completed but no further papers shall be transferred to him. (6) The process directed by this rule shall be repeated on the successive exclusions one after another of the candidates lowest on the poll until such vacancy is filled either by the election of a candidate with the quota or as hereinafter provided. (7) If at any time it becomes necessary to exclude a candidate and two or more candidates have the same value of votes and are the lowest on the poll, regard shall be had to the original votes of each candidate and the candidate for whom fewest original votes are recorded shall be excluded; and if the values of their original votes are equal the candidates with the smallest value at the earliest count at which these candidates had unequal values shall be excluded. (8) If two or more candidates are lowest on the poll and each has the same value of votes at all counts the returning officer shall decide by lot which candidate shall be excluded. ### 81. Filling the last vacancies. (1) When at the end of any count the number of continuing candidates is reduced to the number of vacancies remaining unfilled, the continuing candidates shall be declared elected. (2) When at the end of any count only one vacancy remains unfilled and the value of the papers of some one candidate exceeds the total value of the papers of all the other continuing candidates together with any surplus not transferred, that candidate shall be declared elected. (3) When at the end of any count only one vacancy remains unfilled and there are only two continuing candidates and each of them has the same value of votes and no surplus remains capable of transfer, the returning officer shall decide by lot which of them shall be excluded; and after excluding him in the manner aforesaid, declare the other candidate to be elected. ### 82. Provision for re-counts. (1) Any candidate or, in his absence, his election agent or counting agent may, at any time during the counting of the votes either before the commencement or after the completion of any transfer of votes (whether surplus or otherwise) request the returning officer to re-examine and re-count the papers of all or any candidates (not being papers set aside at any previous transfer as finally dealt with), and the returning officer shall forthwith re-examine and re-count the same accordingly. (2) The returning officer may in his discretion re-count the votes either once or more than once in any case in which he is not satisfied as to the accuracy of any previous count: Provided that nothing in this sub-rule shall make it obligatory on the returning officer to re-count the same votes more than once. ### 83. Illustration of the procedure as to the counting of votes under rules 76 to 81 .-An illustration of the procedure as to the counting of votes in accordance with the provisions of [rules 76 to 81] [ Substituted by S.O. 3662, dated 12.10.1964.] is given in the Schedule to these rules. ### 84. [Declaration of result and return by returning officers. [Substituted by S.O. 4542, dated 20.12.1968 (w.e.f. 1.1.1969). ] (1) Upon the completion of counting, the returning officer shall, subject to the provisions of sub-rule (3) of rule 81,- (a) declare the result under section 66 in Form 23 or Form 23-A as may be appropriate, and send signed copies thereof to the appropriate authority, the Election Commission and the chief electoral officer; (b) prepare and certify a return of the election in Form 23-B and after reporting the result of the election under section 67, send signed copies of the said Form to the Election Commission and the chief electoral officer; and (c) permit any candidate or his election agent or counting agent to take a copy of, or extract from, such return in Form 23-B.] (2) The returning officer shall thereafter- [(a) place the valid ballot papers in one packet and the rejected ballot papers in another; (b) seal with the seals of the returning officer and of such of the candidates, their election agents or counting agents as may desire to affix their seals, each of the packets referred to in clause (a) and the packet containing the declarations by electors and attestations of their signatures; and (c) record on each of the sealed packets the descriptions of its contents and the date of election:] [Provided that where such counting relates to an election to fill a seat or seats in the Council of States, the returning officer shall, before sealing the packets under clause (b) , allow the authorised agent of a political party to verify as to whom the electors being members of that political party have cast their votes.] [ Inserted by S.O.272(E) , dated 27.2.2004 (w.e.f. 27.2.2004).] [\* \* \*] [ Sub-Rule (3) omitted by S.O. 4542, dated 20.12.1968 (w.e.f. 1.1.1969).] ### 85. Grant of certificate of election to returned candidate. - As soon as may be after a candidate has been declared to be elected the returning officer shall grant to such candidate a certificate of election in Form 24 and obtain from the candidate an acknowledgment of its receipt duly signed by him and immediately send the acknowledgment by registered post to the Secretary of the Council of States or, as the case may be, the Secretary of the Legislative Council. [PART VII-A] [ Inserted by S.O. 1283(E) , dated 10.11.2003 (w.e.f. 10.11.2003).] Contributions Report, Equitable Sharing Of Time On Electronic Media And Material To Be Supplied To Recognized Political Parties ### 85A. Definitions. - In this Part, unless the context otherwise requires,- (a) "cable television network" and "cable operator" have the meanings respectively assigned to them in clause (b) of Explanation to section 39-A; (b) "electronic media" has the meaning assigned to it in clause (a) of Explanation to section 39-A; (c) "political party" has the meaning assigned to it in clause (f) of sub-section (1) of section 2; (d) "recognised political party" has the meaning assigned to it in the Election Symbols (Reservation and Allotment) Order, 1968. ### 85B. Form of contributions report. - The report for a financial year under sub-section (1) of section 29-C shall be submitted in Form 24-A by the treasurer of a political party or any other person authorised by the political party in this behalf, before the due date for furnishing a return of its income of that financial year under section 139 of the Income-tax Act, 1961 ( 43 of 1961 ), to the Election Commission. ### 85C. Allocation of equitable sharing of time on electronic media. (1) The Election Commission shall, for the purposes of allocating equitable sharing of time on the cable television network and other electronic media under sub-section (1) of section 39-A, categories the cable television networks and electronic media into the two separate categories that is to say one category which is owned or controlled or financed wholly or substantially by funds provided to them by the Central Government and the other which is not owned of controlled or financed wholly or substantially by funds provided to them by the Central Government. (2) For allocating equitable sharing of time on the cable television network and other electronic media owned or controlled or financed wholly or substantially by funds provided to them by the Central Government referred to in sub-rule (1), the Election Commission shall determine, in consultation with the Ministry of the Government of India dealing with the concerned subject, the maximum time period available on such cable television network and other electronic media and allocate such time period proportionately among the recognised political parties contesting the election on the basis of their past performances for the purposes of displaying or propagating any election matter or to address public in connection with the election under sub-section (1) of section 39-A. (3) For the purposes of this rule, "past performance of a recognised political party" shall be calculated,- (i) in relation to the election to fill a seat or seats in the House of the People, on the basis of the percentage of votes cast in the last preceding general election in favour of that recognised political party with reference to the total votes cast in that general election, to fill the seats in that House; (ii) in relation to the election to fill a seat or seats in the Legislative Assembly of a State (except the State of Jammu and Kashmir), on the basis of the percentage of the votes cast in the last preceding general election in favour of that recognised political party with reference to the total votes cast in that general election, to fill the seats in that Assembly. ### 85D. Supply of material by the Government. - The Central Government shall, at the time of any general election to be held for the purposes of constituting the House of the People or the Legislative Assembly of a State provide to the Election Commission such number of copies of electoral roll, as finally published under the Representation of the People Act, 1950 ( 43 of 1950 ), as the Election Commission may require for supplying the same free of cost to the candidate of recognised political parties through such officers as may be specified by the Election Commission and such officer shall act in accordance with such general or special directions as may be issued by the Election Commission in this behalf. Part VIII – Election Expenses ------------------------------- ### 86. Particulars of account of election expenses. (1) The account of election expenses to be kept by a candidate or his election agent under section 77 shall contain the following particulars in respect of each item of expenditure from day to day, namely: - (a) the date on which the expenditure was incurred or authorised; (b) the nature of the expenditure (as for example, travelling, postage or printing and the like); (c) the amount of the expenditure- (i) the amount paid; (ii) the amount outstanding; (d) the date of payment; (e) the name and address of the payee; (f) the serial number of vouchers, in case of amount paid; (g) the serial number of bills, if any, in case of amount outstanding; (h) the name and address of the person to whom the amount outstanding is payable. (2) A voucher shall be obtained for every item of expenditure unless from the nature of the case, such as postage, travel by rail and the like, it is not practicable to obtain a voucher. (3) All vouchers shall be lodged along with the account of election expenses, arranged according to the date of payment and serially numbered by the candidate or his election agent and such serial numbers shall be entered in the account under item (f) of sub-rule (1). (4) It shall not be necessary to give the particulars mentioned in item (e) of sub-rule (1) in regard to items of expenditure for which vouchers have not been obtained under sub-rule (2). ### 87. Notice by [district election officer] [ Substituted by S.O. 3875, dated 15.12.1966.] for inspection of accounts. - The [district election officer] [ Substituted by S.O. 3875, dated 15.12.1966.] shall, within two days from the date on which the account of election expenses has been lodged by a candidate under section 78, cause a notice to be affixed to his notice board, specifying- (a) the date on which the account has been lodged; (b) the name of the candidate; and (c) the time and place at which such account can be inspected. ### 88. Inspection of account and the obtaining of copies thereof. - Any person shall on payment of a fee of one rupee be entitled to inspect any such account and on payment of such fee as may be fixed by the Election Commission in this behalf be entitled to obtain attested copies of such account or of any part thereof. ### 89. Report by the [district election officer] [ Substituted by S.O. 3875, dated 15.12.1966.] as to the lodging of the account of election expenses and the decision of the Election Commission thereon. (1) As soon as may be after the expiration of the time specified in section 78 for the lodging of the accounts of election expenses at any election, the district election officer shall report to the Election Commission- (a) the name of each contesting candidate; (b) whether such candidate has lodged his account of election expenses and if so, the date on which such account has been lodged; and (c) whether in his opinion such account has been lodged within the time and in the manner required by the Act and these rules. (2) Where the [district election officer] [ Substituted by S.O. 3875, dated 15.12.1966.] is of the opinion that the account of election expenses of any candidate has not been lodged in the manner required by the Act and these rules, he shall with every such report forward to the Election Commission the account of election expenses of that candidate and the vouchers lodged along with it. (3) Immediately after the submission of the report referred to in sub-rule (1) the [district election officer] [ Substituted by S.O. 3875, dated 15.12.1966.] shall publish a copy thereof affixing the same to his notice board. (4) As soon as may be after the receipt of the report referred to in sub-rule (1) the Election Commission shall consider the same and decide whether any contesting candidate has failed to lodge the account of election expenses within the time and in the manner required by the Act and these rules. (5) Where the Election Commission decides that a contesting candidate has failed to lodge his account of election expenses within the time and in the manner required by the Act and these rules it shall by notice in writing call upon the candidate to show cause why he should not be disqualified under section 10-A for the failure. [(6) Any contesting candidate who has been called upon to show cause under sub-rule (5) may within twenty days of the receipt of such notice submit in respect of the matter a representation in writing to the Election Commission, and shall at the same time send to district election officer a copy of his representation together with a complete account of his election expenses if he had not already furnished such an account. (7) The district election officer shall, within five days of the receipt thereof, forward to the Election Commission the copy of the representation and the account (if any) with such comments as he wishes to make thereon. (8) If, after considering the representation submitted by the candidate and the comments made by the district election officer and after such inquiry as it thinks fit, the Election Commission is satisfied that the candidate has no good reason or justification for the failure to lodge his account, it shall declare him to be disqualified under section 10-A for a period of three years from the date of the order, and cause the order to be published in the Official Gazette.] [Substituted by S.O. 3875, dated 15.12.1966. ] ### 90. [ Maximum election expenses. [ Substituted by S.O. 3875, dated 15.12.1966.] - The total of the expenditure of which account is to be kept under section 77 and which is incurred or authorized in connection with an election in a State or Union territory mentioned in column 1 of the Table below shall not exceed- (a) in any one parliamentary constituency of that State or Union territory, the amount specified in the corresponding column 2 of the said Table; and (b) in any one assembly constituency, if any, of the State or Union territory, the amount specified in the corresponding column 3 of the said Table-] [ Substituted by S.O. 3662, dated 12.10.1964.] [[TABLE [Substituted by S.O. 1232(E) , dated 24.10.2003 (w.e.f. 24.10.2003). ] | | | | | --- | --- | --- | | SI. No. | Name of State or Union territory | Maximum limit of election expenses in any one | | | | Parliamentary constituency | Assembly constituency | | 1 | 2 | 3 | 4 | | I. | STATES | Rs. | Rs. | | 1. | Andhra Pradesh | 25,00,000 | 10,00,000 | | 2. | Arunachal Pradesh | 17,00,000 | 6,00,000 | | 3. | Assam | 25,00,000 | 10,00,000 | | 4. | Bihar | 25,00,000 | 10,00,000 | | 5. | Goa | 14,00,000 | 5,00,000 | | 6. | Gujarat | 25,00,000 | 10,00,000 | | 7. | Haryana | 25,00,000 | 10,00,000 | | 8. | Himachal Pradesh | 25,00,000 | 7,00,000 | | 9. | Jammu and Kashmir | 25,00,000 | ------------ | | 10. | Karnataka | 25,00,000 | 10,00,000 | | 11. | Kerala | 25,00,000 | 10,00,000 | | 12. | Madhya Pradesh | 25,00,000 | 10,00,000 | | 13. | Maharashtra | 25,00,000 | 10,00,000 | | 14. | Manipur | 22,00,000 | 5,00,000 | | 15. | Meghalaya | 22,00,000 | 5,00,000 | | 16. | Mizoram | 20,00,000 | 5,00,000 | | 17. | Nagaland | 25,00,000 | 5,00,000 | | 18. | Orissa | 25,00,000 | 10,00,000 | | 19. | Punjab | 25,00,000 | 10,00,000 | | 20. | Rajasthan | 25,00,000 | 10,00,000 | | 21. | Sikkim | 17,00,000 | 5,00,000 | | 22. | Tamil Nadu | 25,00,000 | 10,00,000 | | 23. | Tripura | 25,00,000 | 5,00,000 | | 24. | Uttar Pradesh | 25,00,000 | 10,00,000 | | 25. | West Bengal | 25,00,000 | 10,00,000 | | 26. | Chhattisgarh | 25,00,000 | 10,00,000 | | 27. | Uttaranchal | 25,00,000 | 7,00,000 | | 28. | Jharkhand | 25,00,000 | 10,00,000 | | II. UNION TERRITORIES | | 1. | Andaman and Nicobar Islands | 17,00,000 | \_\_\_\_\_ | | 2. | Chandigarh | 14,00,000 | \_\_\_\_\_ | | 3. | Dadra and Nagar Haveli | 10,00,000 | \_\_\_\_\_ | | 4. | Daman and Diu | 10,00,000 | \_\_\_\_\_ | | 5. | Delhi | 25,00,000 | 9,00,000 | | 6. | Lakshadweep | 10,00,000 | \_\_\_\_\_ | | 7. | Pondicherry | 20,00,000 | 5,00,000] | Part IX – Miscellaneous ------------------------- ### 91. Resignation of seats in case of election to more seats than one in a House. (1) The time within which a person may resign all but one of the seats in either House of Parliament or in the House or either House of the Legislature of a State, to which he has been elected shall be- (a) fourteen days from the date of his election under section 67-A; or (b) where the dates of his election are different in respect of different seats, fourteen days from the last of those dates. (2) Such resignation shall be addressed- (a) to the Speaker or the Chairman of the House concerned; or (b) whether the office of the Speaker or Chairman is for the time being vacant or is, or is deemed to be, in abeyance, to the Deputy Speaker or the Deputy Chairman of the House concerned; or (c) where the post of the Deputy Speaker or Deputy Chairman is also for the time being vacant or is, deemed to be, in abeyance, to the Election Commission. (3) Where the resignation has been addressed to the Election Commission under sub-rule (2) the Election Commission shall, as soon as may be after the receipt of the resignation, send a copy thereof to the Secretary of the House concerned. ### 92. Custody of ballot boxes and papers relating to election . -(1) All ballot boxes used at an election shall be kept in such custody as the chief electoral officer may direct. [(1-A) All voting machines used at an election shall be kept in the custody of the concerned district election officer.] [ Inserted by S.O. 230(E) , dated 24.3.1992 and corrected by S.O. 530(E), dated 17.7.1992.] (2) The district election officer shall keep in safe custody- [(a) the packets of unused ballot papers with counterfoils attached thereto; (b) the packets of used ballot papers whether valid, tendered or rejected; (c) the packets of the counterfoils of used ballot papers; (d) the packets of the marked copy of the electoral roll or, as the case may be, the list maintained under sub-section (1) or sub-section (2) of section 152;] (dd) [ the packets containing registers of voters in Form 17-A;] [ Inserted by S.O. 230(E) , dated 24.3.1992 and corrected by S.O. 530(E), dated 17.7.1992.] (e) [ the packets of the declarations by electors and the attestation of their signatures; and [ Substituted by S.O. 5573, dated 23.12.1971.] (f) all other papers relating to the election: Provided that in the case of an election in an assembly constituency or a parliamentary constituency or a council constituency which extends over more districts that one, the said papers shall be kept in the custody of such one of the district election officers having jurisdiction over the constituency as the Election Commission may direct: Provided further that in the case of an election by assembly members the said papers shall be kept in the custody of the returning officer.] [ Substituted by S.O. 5573, dated 23.12.1971.] ### 93. [ Production and inspection of election papers. [Substituted by S.O. 5573, dated 23.12.1971. ] (1) While in the custody of the district election officer or, as the case may be, the returning officer- (a) the packets of unused ballot papers with counterfoils attached thereto; (b) the packets of used ballot papers whether valid, tendered or rejected; (c) the packets of the counterfoils of used ballot papers; (d) the packets of the marked copy of the electoral roll or, as the case may be, the list maintained under sub-section (1) or sub-section (2) of section 152; and] (dd) [ the packets containing registers of voters in Form 17-A;] [ Inserted by S.O. 230(E) , dated 24.3.1992 and corrected by S.O. 530(E), dated 17.7.1992.] (e) [ the packets of the declarations by electors and the attestation of their signatures; [Substituted by S.O. 5573, dated 23.12.1971. ] shall not be opened and their contents shall not be inspected by, or produced before, any person or authority except under the order of a competent Court.] [(1-A) The control units sealed under the provisions of rule 57-C and kept in the custody of the district election officer shall not be opened and shall not be inspected by, or produced before, any person or authority except under the orders of a competent Court.] [Inserted by S.O. 230(E) , dated 24.3.1992 and corrected by S.O. 530(E), dated 17.7.1992. ] (2) Subject to such conditions and to the payment of such fee as the Election Commission may direct, - [(a) all other papers relating to the election shall be open to public inspection; and (b) copies thereof shall on application be furnished. (3) copies of the returns by the returning officer forwarded under rule 64, or as the case may be, under clause (b) of sub-rule (1) of rule 84 shall be furnished by the returning officer, district election officer, chief electoral officer or the Election Commission on payment of a fee of two rupees for each copy.] [Substituted by S.O. 5573, dated 23.12.1971. ] ### 94. Disposal of election papers. - Subject to any direction to the contrary given by the Election Commission or by a competent Court or tribunal- (a) [ the packets of unused ballot papers shall be retained for a period of six months and shall thereafter be destroyed in such manner as the Election Commission may direct;] [ Substituted by S.O. 5573, dated 23.12.1971.] (aa) [ the voting machines kept in the custody of the district election officer under sub-rule (1-A) of rule 92 shall be retained intact for such period as the Election Commission may direct and shall not be used at any subsequent election without the previous approval of the Election Commission;] [ Inserted by S.O. 230(E) , dated 24.3.1992 and corrected by S.O.530(E), dated 17.7.1992.] (b) the other packets referred to in sub-rule (1) of rule 93 shall be retained for a period of one year and shall thereafter be destroyed: [Provided that packets containing the counterfoils of used ballot papers shall not be destroyed except with the previous approval of the Election Commission;] [ Added by S.O. 5573, dated 23.12.1971.] (c) all other papers relating to the election shall be retained for such period as the Election Commission may direct. [94-A. Form of affidavit to be filed with election petition. [ Inserted by S.O. 597, dated 27.2.1962.] - The affidavit referred to in the proviso to sub-section (1) of section 83 shall be sworn before a magistrate of the first class or a notary or a commissioner of oaths and shall be in Form 25.] ### 95. [ Power of the Election Commission to issue directions. [ Inserted by S.O. 230(E) , dated 24.3.1992 and corrected by S.O.530(E), dated 17.7.1992.] - Subject to the other provisions of these rules, the Election Commission may issue such directions as it may consider necessary to facilitate the proper use and operation of the voting machines.] ### 96. List of Members of State Assemblies and electoral colleges. (1) The returning officer for an election by the members of the Legislative Assembly of a State, to fill a seat or seats in the Council of States or in the Legislative Council of a State, shall maintain a list of members of that Assembly with their addresses corrected up-to-date in such form as the Election Commission may direct. Explanation .-In this sub-rule any reference to the members of the Legislative Assembly of a State shall, in relation to an election to the Council of States, be construed as a reference to the elected members of that Legislative Assembly. (2) The returning officer for an election by the members of the electoral college of a Union territory to fill a seat or seats in the Council of States shall maintain a list of members of that electoral college with their addresses corrected up-to-date in such form as the Election Commission may direct. ### 97. Number of votes sufficient to secure the return of a candidate in relation to return of forfeiture of deposits in certain cases. - For the purpose of the proviso to sub-section (4) of section 158- (a) a candidate who is not elected shall be deemed to get, - (i) if he is a continuing candidate, the votes obtained by him at the end of the final count, and (ii) if he is a candidate excluded from the poll, the votes obtained by him at the end of the count immediately preceding his exclusion; (b) the quota referred to in rule 75 or rule 76 shall be deemed to be the number of votes sufficient to secure the return of a candidate. ### 98. Manner of serving the order of requisition of premises, vehicles, etc. - An order of requisition under section 160 shall be served- (a) where the person to whom such order is addressed is a corporation or firm in the manner provided for the service of summons in rule 2 of Order XXIX or rule 3 of Order XXX, as the case may be, in the First Schedule to the Code of Civil Procedure, 1908 (Act V of 1908); and (b) where the person to whom such order is addressed is an individual- (i) personally by delivering or tendering the order, or (ii) by registered post, or (iii) if the person cannot be found, by leaving an authentic copy of the order with any adult member of his family or by affixing such copy to some conspicuous part of the premises in which he is known to have last resided or carried on business or personally worked for gain. ### 99. Time for application for reference to arbitration under section 161 .-The time within which any person interested who is aggrieved by the amount of compensation determined under sub-section (1) of section 168 or within which the owner of a vehicle, vessel or animal who is aggrieved by the amount of compensation determined under sub-section (2) of that section may make an application for referring the manner to arbitration shall be fourteen days from the date of determination of the amount of such compensation or where the amount of such compensation has been determined in the absence of the person interested or, as the case may be, the owner, fourteen days from the date on which the intimation of such determination is sent to that person or owner. [Central Government] [ Substituted by S.O. 558(E) , dated 9.8.1996.<SPAN class=amd1><A TITLE =] ">[FORM 1] (See rule 3) NOTICE OF ELECTION Notice is hereby given that :- (1) an election is to be held of a member to the House of the People/ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Legislative Assembly/\_\_\_\_\_\_\_\_\_\_Legislative Council in the\_\_\_\_\_\_\_\_\_\_ constituency; OR (1) an election is to be held of a member(s) to the Council of States/\_\_\_\_\_\_\_\_\_\_legislative Council/\_\_\_\_\_\_\_\_\_\_by the elected members of the\_\_\_\_\_\_\_\_\_\_ Legislative Assembly; (2) nomination papers may be delivered by a candidate or by any of his proposers to the Returning Officer or to\_\_\_\_\_\_\_\_\_\_ Assistant Returning Officer, at\_\_\_\_\_\_\_\_\_\_ between 11 A.M. and 3 P.M. on any day (other than public holiday) not later than the\_\_\_\_\_\_\_\_\_\_ ; (3) forms of nomination paper may be obtained at the place and time aforesaid; (4) the nomination papers will be taken up for scrutiny at\_\_\_\_\_\_\_\_\_\_ on\_\_\_\_\_\_\_\_\_\_ at\_\_\_\_\_\_\_\_\_\_ ; (5) notice of withdrawal of candidature may be delivered either by a candidate or by any of his proposers or by his election agent who has been authorised in writing by the candidate to deliver it to either of the officers specified in paragraph (2) above at his office before 3 P.M. on the\_\_\_\_\_\_\_\_\_\_ ; (6) in the event of the election being contested, the poll will be taken on between the hours of\_\_\_\_\_\_\_\_\_\_ and\_\_\_\_\_\_\_\_\_\_ . Place\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_ Returning Officer.] [FORM 2A] [Substituted by Notifn. No. S.O. 558(E) , dated the 9th August, 1996, for Forms 2A to 2C.] (See rule 4) Nomination Paper Election to the House of the People Strike Off Part I or Part II Below Whichever is Not Applicable Part I – (To be used by candidate set up by recognised political party) ------------------------------------------------------------------------- I nominate as a candidate for election to the House of the People from the Parliamentary constituency. Candidate's name\_\_\_\_\_\_\_\_\_\_ Father's/mother's/husband's name\_\_\_\_\_\_\_\_\_\_ His postal address\_\_\_\_\_\_\_\_\_\_ His name is entered at S. No\_\_\_\_\_\_\_\_\_\_ in Part No\_\_\_\_\_\_\_\_\_\_ of the electoral roll for \_\_\_\_\_\_\_\_\_\_ \*(Assembly constituency comprised within) Parliamentary constituency. My name is\_\_\_\_\_\_\_\_\_\_ and it is entered at S.No\_\_\_\_\_\_\_\_\_\_ in Part No\_\_\_\_\_\_\_\_\_\_ of the electoral roll for\_\_\_\_\_\_\_\_\_\_ \*(Assembly constituency comprised within)\_\_\_\_\_\_\_\_\_\_ Parliamentary constituency. Date\_\_\_\_\_\_\_\_\_\_ (Signature of Proposer). Part II – (To be used by candidate NOT set up by recognised political party) ------------------------------------------------------------------------------ We hereby nominate as candidate for election to the House of the People from the \_\_\_\_\_\_\_\_\_\_ Parliamentary Constituency. Candidate's name\_\_\_\_\_\_\_\_\_\_ Father's/mother's/husband's name\_\_\_\_\_\_\_\_\_\_ His postal address\_\_\_\_\_\_\_\_\_\_ His name is entered at S. No\_\_\_\_\_\_\_\_\_\_ in Part No\_\_\_\_\_\_\_\_\_\_ of the electoral roll for\_\_\_\_\_\_\_\_\_\_ \*( Assembly constituency comprised within)\_\_\_\_\_\_\_\_\_\_ Parliamentary constituency. We declare that we are electors of the above Parliamentary Constituency and our names are entered in the electoral roll for that Parliamentary Constituency as indicated below and we append our signatures below in token of subscribing to this nomination :- Particulars of the proposers and their signatures | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No | Name of Component Assembly Constituency | Elector roll No. of proposer | Full Name | Signature | Date | | Part No. of Electoral Roll | Sl. No. in that Part | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1. | | | | | | | | 2. | | | | | | | | 3. | | | | | | | | 4. | | | | | | | | 5. | | | | | | | | 6. | | | | | | | | 7. | | | | | | | | 8. | | | | | | | | 9. | | | | | | | | 10. | | | | | | | N.B. :- There should be ten electors of the constituency as proposers. Part III – I, the candidate mentioned in Part I/Part II (Strike out which is not applicable) assent to this nomination and hereby declare - --------------------------------------------------------------------------------------------------------------------------------------------- (a) that I have completed\_\_\_\_\_\_\_\_\_\_ years of age; [STRIKE OUT b(i) or b(ii) BELOW WHICHEVER IS NOT APPLICABLE] (b) (i) that I am set up this election by the\_\_\_\_\_\_\_\_\_\_ party, which is recognised National Party/State Party in this State and that the symbol reserved for the above party be allotted to me. OR (b) (ii) that I am set up at this election by the\_\_\_\_\_\_\_\_\_\_ party, which is a registered-unrecognised political party/that I am contesting this election as an independent candidate. (Strike out which is not applicable) and that the symbols I have chosen, in order of preference, are :- (i) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (iii)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (c) that my name and my father's/mother's/husband's name have been correctly spelt out above in (name of the language); (d) that to the best of my knowledge and belief, I am qualified and not also disqualified for being chosen to fill the seat in the House of the People. [I further declare that I am a member of the \_\_\_\_\_\_\_\_\_\_] [Score out the words 'assembly constituency comprised within' in the case of Jammu and Kashmir, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu and Lakshadweep.] [Caste/tribe which is a scheduled] [Score out this paragraph, if not applicable.] [Caste/tribe of the State of\_\_\_\_\_\_\_\_\_\_ in relation to\_\_\_\_\_\_\_\_\_\_ (area) in that State.] [Score out the words not applicable.] [I also declare that I have not been, and shall not be] [[Not applicable in the case of Jammu and Kashmir, Andaman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu and Lakshadweep. N.B. - A 'recognised political party' means a political party recognised by the Election Commission under the Election Symbols (Reservation and Allotment) Order, 1968 in the State concerned.]]nominated as a candidate at the present general election/the bye-elections being held simultaneously, to the House of the People from more than two Parliamentary Constituencies. Date\_\_\_\_\_\_\_\_\_\_ (Signature of Candidate). [PART IIIA] [Inserted by Notifn. No. S.O. 935(E) , dated the 3 September, 2002.] (To be filled by the candidate) Whether the candidate - (i) has been convicted - (a) of any offence(s) under sub-section (1); or (b) for contravention of any law specified in sub-section (2), of section 8 of the Yes/No. Representation of the People Act, 1951 ( 43 of 1951 ); or (ii) has been convicted for any other offence(s) for which he has been sentenced to imprisonment for two years or more. If the answer is "Yes", the candidate shall furnish the following information: (i) Case/first information report No./Nos.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) Police station(s)\_\_\_\_\_\_\_\_\_\_ District(s)\_\_\_\_\_\_\_\_\_\_ State(s)\_\_\_\_\_\_\_\_\_\_ (iii) Section(s) of the concerned Act(s) and brief description of the offence(s) for which he has been convicted \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (iv) Date(s) of conviction(s) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (v) Court(s) which convicted the candidate \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (vi) Punishment(s) imposed [indicate period of imprisonment(s) and/or quantum of fine(s)]\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (vii) Date(s) of release from prison\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (viii) Was/were any appeal(s)/revision(s) filed against above conviction(s) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Yes/No (ix) Date and particulars of appeal(s)/application(s) for revision filed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (x) Name of the court(s) before which the appeal(s)/application(s) for revision filed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (xi) Whether the said appeal(s)/application(s) for revision has/have been disposed of or is/are pending \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (xii) If the said appeal(s)/application(s) for revision has/have been disposed of - (a) Date(s) of disposal \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (b) Nature of order(s) passed\_\_\_\_\_\_\_\_\_ ............................................. (Signature of Candidate)]. Place................................................................... Date:................................................................... Part IV – (To be filled by the Returning Officer) --------------------------------------------------- Serial No. of nomination paper \_\_\_\_\_\_\_\_\_\_ [This nomination was delivered to me at my office at\_\_\_\_\_\_\_\_\_\_ (hour) on\_\_\_\_\_\_\_\_\_\_ (date) by the] [Score out the word not applicable.] candidate/proposer. Date \_\_\_\_\_\_\_\_\_\_ Returning Officer. Part V – Decision of Returning Officer Accepting or Rejecting the Nomination Paper ------------------------------------------------------------------------------------ I have examined this nomination paper in accordance with section 36 of the Representation of the People Act, 1951(43 of 1951) and decide as follows :- Date\_\_\_\_\_\_\_\_\_\_ Returning Officer. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Perforation) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Part VI – Receipt for Nomination Paper and Notice of Scrutiny --------------------------------------------------------------- (To be handed over to the person presenting the Nomination Paper) Serial No. of nomination paper\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ The nomination paper of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ a candidate for election from the\_\_\_\_\_\_\_\_\_\_ Parliamentary constituency was delivered to me at my office at\_\_\_\_\_ (hour) on\_\_\_\_\_ (date) by the \*candidate/proposer. All nomination papers will be taken up for scrutiny at\_\_\_\_\_\_\_\_\_\_ (hour) on\_\_\_\_\_\_\_\_\_\_ (date) at\_\_\_\_\_\_\_\_\_\_ (Place). Date\_\_\_\_\_\_\_\_\_\_ Returning Officer. \*Score out the word not applicable. FORM 2B (See rule 4) Nomination Paper Election to the Legislative Assembly of\_\_\_\_\_\_\_\_\_\_ (State) Strike Off Part I Or Part II Below Whichever is Not Applicable Part I – (To be used by candidate set up by recognised political party) ------------------------------------------------------------------------- I nominate as a candidate for election to the Legislative Assembly from the\_\_\_\_\_\_\_\_\_\_ Assembly Constituency. Candidate's name \_\_\_\_\_\_\_\_\_\_ Father's/mother's/husband's name\_\_\_\_\_\_\_\_\_\_ His postal address\_\_\_\_\_\_\_\_\_\_ His name is entered at SI. No in Part No\_\_\_\_\_\_\_\_\_\_ of the electoral roll for\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Assembly constituency. My name is\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and it is entered at SI. No.\_\_\_\_\_\_\_\_\_\_ in Part No\_\_\_\_\_\_\_\_\_\_ of the electoral roll for the\_\_\_\_\_\_\_\_\_\_ Assembly constituency. Date\_\_\_\_\_\_\_\_\_\_ (Signature of the Proposer). Part II – We hereby nominate as candidate for election to the Legislative Assembly from the\_\_\_\_\_\_\_\_\_\_ Assembly Constituency. ---------------------------------------------------------------------------------------------------------------------------------------- Candidate's name\_\_\_\_\_\_\_\_\_\_ Father's/mother's/husband's name\_\_\_\_\_\_\_\_\_\_ His postal address\_\_\_\_\_\_\_\_\_\_ His name is entered at SI. No\_\_\_\_\_\_\_\_\_\_ in Part No\_\_\_\_\_\_\_\_\_\_ of the electoral roll for\_\_\_\_\_\_\_\_\_\_ Assembly constituency. We declare that we are electors of this Assembly constituency and our names are entered in the electoral roll for this Assembly constituency as indicated below and we append our signatures below in token of subscribing to this nomination:- Particulars of the proposers and their signatures | | | | | | | --- | --- | --- | --- | --- | | Sl. No. | Electoral Roll No. of proposer | Full name | Signature | Date | | Part No. of electoral Roll constituency | Sl. No. in that part | | 1 | 2 | 3 | 4 | 5 | 6 | | 1. | | | | | | | 2. | | | | | | | 3. | | | | | | | 4. | | | | | | | 5. | | | | | | | 6. | | | | | | | 7. | | | | | | | 8. | | | | | | | 9. | | | | | | | 10. | | | | | | N.B. :- There should be ten electors of the constituency as proposers. Part III – I, the candidate mentioned in Part I/Part II (Strike out which is not applicable) assent to this nomination and hereby declare - --------------------------------------------------------------------------------------------------------------------------------------------- (a) that I have completed\_\_\_\_\_\_\_\_\_\_ years of age; [Strike Out b(I) or b(II) Below Whichever is Not Applicable] (b) (i) that I am set up at this election by the\_\_\_\_\_\_\_\_\_\_ party, which is recognised National Party/State Party in this State and that the symbol reserved for the above party be allotted to me. (i) \_\_\_\_\_\_\_\_\_\_ (ii)\_\_\_\_\_\_\_\_\_\_ (iii)\_\_\_\_\_\_\_\_\_\_ (ii) that I am set up at this election by the\_\_\_\_\_\_\_\_\_\_ party, which is a registered unrecognised political party/that I am contesting this election as an independent candidate. (Strike out which is not applicable) and that the symbols I have chosen, in order of preference, are :- (c) that my name and my father's/mother's/husband's name have been correctly spelt out above in\_\_\_\_\_\_\_\_\_\_ (name of the language); (d) That to the best of my knowledge and belief, I am qualified and not also disqualified for being chosen to fill the seat in the Legislative Assembly of this State. [I further declare that I am a member of the\_\_\_\_\_\_\_\_\_\_] [Score out the words 'assembly constituency comprised within' in the case of Jammu and Kashmir, Andman and Nicobar Islands, Chandigarh, Dadra and Nagar Haveli, Daman and Diu, and Lakshadweep.] [Caste/tribe which is a scheduled\_\_\_\_\_\_\_\_\_\_\_\_] [Score out this paragraph, if not applicable.] [Caste/tribe of the State of\_\_\_\_\_\_\_\_\_\_ in relation to\_\_\_\_\_\_\_\_\_\_ (area) in that State.] [Score out the words not applicable.] [I also declare that I have not been, and shall not be] [[Not applicable in the case of Jammu and Kashmir, Andman and Nicobar Islands, Chandigarh, Ddra and Nagar Haveli, Daman and Diu and Lakshdweep.</p> N.B. - A ]] nominated as a candidate at the present general election/the bye-elections being held simultaneously, to the Legislative Assembly\_\_\_\_\_\_\_\_\_\_ of (State) from more than two Assembly constituencies. Date\_\_\_\_\_\_\_\_\_\_ (Signature of Candidate). [PART IIIA] [Ins by Notifn. No. S.O. 935(E) , dated the 3rd September, 2002.] (To be filled by the candidate) | | | | --- | --- | | Whether the candidate- | Yes/No. | | (i) has been convicted- | | (a) of any offence(s) under sub-section (1); or | | (b) for contravention of any law specified in sub-section (2), of section 8 of the Representation of the People Act, 1951 ( 43 of 1951 ); or | | (ii) has been convicted for any other offence(s) for which he has been sentenced to imprisonment for two years or more. | If the answer is "Yes", the candidate shall furnish the following information: (i) Case/First information report No./Nos\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) Police station(s)\_\_\_\_\_\_\_\_\_\_District(s)\_\_\_\_\_\_\_\_\_\_State(s) \_\_\_\_\_\_\_\_\_\_ (iii) Section(s) of the concerned Act(s) and brief description of the offence(s) for which he has been convicted\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (iv) Date(s) of conviction(s) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (v) Court(s) which convicted the candidate \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (vi) Punishment(s) imposed [indicate period of imprisonments) and/or quantam of fine(s)]\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (vii) Date(s) of release from prison\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (viii) Was/were any appeal(s)/revision(s) filed against above conviction(s) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Yes/No (ix) Name of the court(s) before which the appeal(s)/application(s) for revision filed\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (x) Name of the court(s) before which the appeal(s)/application(s) for revision filed\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (xi) Whether the said appeal(s)/application(s) for revision has/have been disposed of or is/are pending \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (xii) If the said appeal(s)/application(s) for revision has/have been disposed of - (a) Date(s) of disposal \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (b) Nature of order(s) passed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Place\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Signature of the candidate)] Part IV – (To be filled by the Returning Officer) --------------------------------------------------- Serial No. of nomination paper \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ This nomination was delivered to me at my office at\_\_\_\_\_\_\_\_\_\_ (hour) on\_\_\_\_\_\_\_\_\_\_ (date) by the \*candidate/proposer. Date \_\_\_\_\_\_\_\_\_\_ Returning Officer. Part V – DECISION OF RETURNING OFFICER ACCEPTING OR REJECTING THE NOMINATION PAPER ------------------------------------------------------------------------------------ I have examined this nomination paper in accordance with section 36 of the Representation of the People Act, 1951 and decide as follows :- Date \_\_\_\_\_\_\_\_\_\_ Returning Officer. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Perforation) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Part VI – Receipt For Nomination Paper And Notice Of Scrutiny --------------------------------------------------------------- (To be handed over to the person presenting the Nomination Paper) Serial No. of nomination paper \_\_\_\_\_\_\_\_\_\_ [The nomination paper of\_\_\_\_\_\_\_\_\_\_ a candidate for election from the Assembly\_\_\_\_\_\_\_\_\_\_ constituency was delivered to me at my office at\_\_\_\_\_\_\_\_\_\_ (hour) on\_\_\_\_\_\_\_\_\_\_ (date) by the] [Score out the word not applicable.] candidate/proposer. All nomination papers will be taken up for scrutiny at\_\_\_\_\_\_\_\_\_\_ (hour) on\_\_\_\_\_\_\_\_\_\_ (date) at\_\_\_\_\_\_\_\_\_\_ (Place). Date \_\_\_\_\_\_\_\_\_\_ Returning Officer. FORM 2B (See rule 4) Nomination Paper Election to the Council of States [PART I] [Inserted by Notifn. No. S.O. 935 (E) , dated the 3rd September, 2002.] We hereby nominate as a candidate for election to the Council of States: Candidate's Name\_\_\_\_\_\_\_\_\_\_ [father's/mother's/husband's name]\_\_\_\_\_\_\_\_\_\_ His postal address\_\_\_\_\_\_\_\_\_\_ His name is entered at S. No\_\_\_\_\_\_\_\_\_\_ in Part No\_\_\_\_\_\_\_\_\_\_ of the electoral roll for the\_\_\_\_\_\_\_\_\_\_ assembly/[Parliamentary]] [For Jammu and Kashmir only.] constituency. We declare that we are elected members of the Legislative Assembly of\_\_\_\_\_\_\_\_\_\_ electoral college for\_\_\_\_\_\_\_\_\_\_ and our names are entered as indicated below in the list maintained under section 152 and we append our signatures below in token of subscribing to his nomination: Particulars of the proposers and their signatures | | | | | | | --- | --- | --- | --- | --- | | Sl. No. | Sl. No. as entered in the list maintained under section 152 | Full name | Signature | Date | | 1 | 2 | 3 | 4 | 5 | | 1. | | | | | | 2. | | | | | | 3. | | | | | | 4. | | | | | | 5. | | | | | | 6. | | | | | | 7. | | | | | | 8. | | | | | | 9. | | | | | | \*\*10. | | | | | \*For Jammu and Kashmir only. \*\*There should be ten percent, of the elected members of the Legislative Assembly or ten per cent, of the members of the electoral college or ten members concerned, whichever is less, as proposers. I, the above-mentioned candidate, assent to this nomination and hereby declare - (a) that I have completed\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ years of age; (b) that I am set up at this election by the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ party; (c) that my name and my [father's/mother's/husband's name] have been correct spelt out above in\_\_\_\_\_\_\_\_\_\_ (name of the language); and (d) that to the best of my knowledge and belief, I am qualified and not also disqualified for being chosen to fill the seat in the Council of States. I also declare that I have not been, and shall not be, nominated as a candidate at the present biennial election/bye-elections being held simultaneously, to the Council of States for more than two seats. Date \_\_\_\_\_\_\_\_\_\_ (Signature of the candidate) [PART II ] [Ins by Notifn. No. S.O. 935 (E) , dated 3rd September, 2002.] (To be filled by the candidate) | | | | --- | --- | | Whether the candidate- | Yes/No. | | (i) has been convicted- | | (a) of any offence(s) under sub-section (1); or | | (b) for contravention of any law specified in sub-section (2), of section 8 of the Representation of the People Act, 1951 ( 43 of 1951 ); or | | (ii) has been convicted for any other offence(s) for which he has been sentenced to imprisonment for two years or more. | If the answer is "Yes", the candidate shall furnish the following information: (i) Case/First information report No./Nos. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) Police station(s)\_\_\_\_\_\_\_\_\_\_ District(s)\_\_\_\_\_\_\_\_\_\_\_ State(s)\_\_\_\_\_\_\_\_\_\_ (iii) Section(s) of the concerned Act(s) and brief description of the offence(s) for which he has been convicted \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (iv) Date(s) of conviction(s) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (v) Court(s) which convicted the candidate \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (vi) Punishment(s) imposed [indicate period of imprisonment(s) and/or quantam of fine(s)] \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (vii) Date(s) of release from prison \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (viii) Was/were any appeal(s)/revision(s) filed against above conviction(s) \_\_\_\_\_\_\_\_\_\_ Yes/No (ix) Date and particulars of appeal(s)/application(s) for revision filed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (x) Name of the court(s) before which the appeal(s)/application(s) for revision filed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (xi) Whether the said appeal(s)/application(s) for revision has/have been disposed of or is/are pending \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (xii) If the said appeal(s)/application(s) for revision has/have been disposed of - (a) Date(s) of disposal\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (b) Nature of order(s) passed \_\_\_\_\_\_\_\_\_\_\_\_\_ Place:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Signature of the candidate)] [PART III] [Inserted by Notification No. S.O. 935(E) , dated, the 3rd September, 2002.] (To be filled by the Returning Officer) Serial No. of Nomination Paper\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ This nomination was delivered to me at my office at\_\_\_\_\_\_\_\_\_\_ (hours) on\_\_\_\_\_\_\_\_\_\_ (date) by the candidates/proposer\_\_\_\_\_\_\_\_\_\_ (Name). Date \_\_\_\_\_\_\_\_\_\_ Returning Officer. NOTE. - Wherever alternative is provided score out the word(s) not applicable. [PART IV] [Ins by Notifn. No. S.O. 935(E) , dated, the 3rd September, 2002.] Decision of Returning Officer accepting or rejecting the Nomination Paper. I have examined this nomination paper in accordance with section 36 of the Representation of the People Act, 1951(43 of 1951) and, decide as follows :- Date \_\_\_\_\_\_\_\_\_\_ Returning Officer. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Perforation \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ [PART V] [Ins by Notifn. No. S.O. 935(E) , dated, the 3rd September, 2002.] Receipt of Nomination Paper and Notice of Scrutiny (To be handed over to the person presenting the nomination paper) Serial No. of Nomination Paper \_\_\_\_\_\_\_\_\_\_ The nomination paper of\_\_\_\_\_\_\_\_\_\_ a candidate for election to the Council of States by the elected members of the Legislative Assembly of\_\_\_\_\_\_\_\_\_\_ (State) /Members of the Electoral College of\_\_\_\_\_\_\_\_\_\_ (State)/was delivered to me at my office at\_\_\_\_\_\_\_\_\_\_ (hour) on\_\_\_\_\_\_\_\_\_\_ (date) by the candidate/proposer\_\_\_\_\_\_\_\_\_\_ (Name). All nomination papers will be taken up for scrutiny at\_\_\_\_\_\_\_\_\_\_ (hour) on\_\_\_\_\_\_\_\_\_\_ (date) at\_\_\_\_\_\_\_\_\_\_ (place). Date \_\_\_\_\_\_\_\_\_\_ Returning Officer(s) .] FORM 2D (See rule 4) Nomination Papers Election to the Legislative Council of\_\_\_\_\_\_\_\_\_\_ (State) by the Members of the Legislative Assembly. [PART 1] [Inserted by Notifn. No. S.O. 935(E) , dated the 3rd September, 2002.] We hereby nominate as a candidate for the above election. Candidate's name\_\_\_\_\_\_\_\_\_\_ [father's/mother's/husband's name] [Substituted by Notification No. S.O.124(E) , dated the 24th February, 1993, for certain words.] \_\_\_\_\_\_\_\_\_\_\_ His postal address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_His name is entered at S.No\_\_\_\_\_\_\_\_\_\_ in Part No\_\_\_\_\_\_\_\_\_\_ of the electoral roll for the\_\_\_\_\_\_\_\_\_\_ assembly constituency. We declare that we are members of Legislative Assembly of\_\_\_\_\_\_\_\_\_\_ and our names are entered as indicated below in the list maintained under section 152 and we append our signatures below in token of subscribing to his nomination. Particulars of the proposers and their signatures | | | | | | | --- | --- | --- | --- | --- | | Sl. No. | Sl. No. as entered in the list maintained under section 152 | Full name | Signature | Date | | 1 | 2 | 3 | 4 | 5 | | 1. | | | | | | 2. | | | | | | 3. | | | | | | 4. | | | | | | 5. | | | | | | 6. | | | | | | 7. | | | | | | 8. | | | | | | 9. | | | | | | 10\*. | | | | | \* There should be ten per cent, of the members of the Legislative Assembly or ten members concerned, whichever is less, as proposers. I, the above-mentioned candidate, assent to this nomination and hereby declare :- (a) that I have completed\_\_\_\_\_\_\_\_\_\_ years of age; (b) that I am set up at this election by the\_\_\_\_\_\_\_\_\_\_ party; (c) that my name and my [father's/mother's/husband's name] [Subs, by Notifn. No. S.O.124(E) , dated the 24th February, 1993, for certain words.] have been correctly spelt out above in\_\_\_\_\_\_\_\_\_\_ (name of the language); and (d) that to the best of my knowledge and belief, I am qualified and not also disqualified for being chosen to fill the seat in the Legislative Council of....(State) by the members of the Legislative Assembly. Date\_\_\_\_\_\_\_\_\_\_ (Signature of the candidate) [PART II] [Ins by Notifn. No. S.O. 935(E) , dated the 3rd September, 2002.] (To be filled by the Candidate) | | | | --- | --- | | Whether the candidate- | Yes/No. | | (i) has been convicted- | | (a) of any offence(s) under sub-section (1); or | | (b) for contravention of any law specified in sub-section (2), of section 8 of the Representation of the People Act, 1951 ( 43 of 1951 ); or | | (ii) has been convicted for any other offence(s) for which he has been sentenced to imprisonment for two years or more. | If the answer is "Yes", the candidate shall furnish the following information: (i) Case/First information report No./Nos. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) Police station(s)\_\_\_\_\_\_\_\_\_\_ District(s)\_\_\_\_\_\_\_\_\_\_ State(s)\_\_\_\_\_\_\_\_\_\_\_ (iii) Section(s) of the concerned Act(s) and brief description of the offence(s) for which he has been convicted \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (iv) Date(s) of conviction(s)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (v) Court(s) which convicted the candidate \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (vi) Punishment(s) imposed [indicate period of imprisonment(s) and/or quantam of fine(s)] \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (vii) Date(s) of release from prison \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (viii) Was/were any appeal(s)/revision(s) filed against above conviction(s) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Yes/No (ix) Date and particulars of appeal(s)/application(s) for revision filed \_\_\_\_\_\_\_\_\_\_\_\_ (x) Name of the court(s) before which the appeal(s)/application(s) for revision filed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (xi) Whether the said appeal(s)/application(s) for revision has/have been disposed of or is/are pending \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (xii) If the said appeal(s)/application(s) for revision has/have been disposed of - (a) Date(s) of disposal \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (b) Nature of order(s) passed \_\_\_\_\_\_\_\_\_\_ Place\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Signature of the candidate)]. [PART III] [Inserted by S.O. 935(E) , dated 3.9.2002.] (To be filled by the Returning Officer) Serial No. of Nomination Paper\_\_\_\_\_\_\_\_\_\_ This nomination was delivered to me at my office at\_\_\_\_\_\_\_\_\_\_ (hour) on\_\_\_\_\_\_\_\_\_\_ (date) by the candidate/proposer\_\_\_\_\_\_\_\_\_\_ (Name). Date \_\_\_\_\_\_\_\_\_\_ Returning Officer. [PART IV] [Inserted by S.O. 935(E) , dated 3-9-2002.] Decision of Returning Officer accepting or rejecting the Nomination Paper I have examined this nomination paper in accordance with section 36 of the Representation of the People Act, 1951, and decide as follows :- Date\_\_\_\_\_\_\_\_\_\_ Returning Officer. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(perforation) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ [PART V] [Substituted by Notifn. No. S.O. 558(E) , dated the 9th August, 1996.] Receipt for Nomination Paper and Notice of Scrutiny (To be handed over to the person presenting the nomination paper) Serial No. nomination paper \_\_\_\_\_\_\_\_\_\_ The nomination paper of\_\_\_\_\_\_\_\_\_\_ a candidate for election to the Legislative Council of\_\_\_\_\_\_\_\_\_\_ (State) by the Members of Legislative Assembly was delivered to me at my office at\_\_\_\_\_\_\_\_\_\_ (hour) on\_\_\_\_\_\_\_\_\_\_ (date) by the candidate/proposer\_\_\_\_\_\_\_\_\_\_ (Name). All nomination papers will be taken up for scrutiny at\_\_\_\_\_\_\_\_\_\_ (hour) on\_\_\_\_\_\_\_\_\_\_ (date) at\_\_\_\_\_\_\_\_\_\_ (place). Date \_\_\_\_\_\_\_\_\_\_ Returning Officer. Note :- Wherever alternative is provided score out the word(s) not applicable. [FORM 2E] [Subs, by Notifn. No. S.O. 558(E) , dated the 9th August, 1996.] (See rule 4) Nomination Paper Election to the Legislative Council of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (State) from a Council constituency\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ [PART I] [Inserted by Notifn. No. S.O. 935(E) , dated the 3rd September, 2002.] We hereby nominate as a candidate for election to the Legislative Council of\_\_\_\_\_\_\_\_\_\_ (State) from the constituency. Candidate's name\_\_\_\_\_\_\_\_\_\_ (Father's/Mother's/Husband's name) \_\_\_\_\_\_\_\_\_\_ His Postal address\_\_\_\_\_\_\_\_\_\_ His name is entered at Sl. No\_\_\_\_\_\_\_\_\_\_ in Part No.\_\_\_\_\_\_\_\_\_\_ of the electoral roll for\_\_\_\_\_\_\_\_\_\_ Assembly Constituency. We declare that we are electorals and our name entered in the electoral roll for\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Council) constituency as indicated below and we append our signatures below in token of subscribing to this nomination :- Particulars of the proposers and their signatures. | | | | | | | --- | --- | --- | --- | --- | | Sl. No. | Electoral Roll No. of proposer | Full name | Signature | Date | | Part No. of electoral Roll | Sl. No. in that part | | 1 | 2 | 3 | 4 | 5 | 6 | | 1. | | | | | | | 2. | | | | | | | 3. | | | | | | | 4. | | | | | | | 5. | | | | | | | 6. | | | | | | | 7. | | | | | | | 8. | | | | | | | 9. | | | | | | | \*10. | | | | | | \*There should be ten per cent, of the electors of the constituency or ten such electors whichever is less, as proposers. I, the above-mentioned candidate, assent to this a nomination and hereby declare :- (a) that I have completed\_\_\_\_\_\_\_\_\_\_ years of age; (b) that I am set up at this election by the\_\_\_\_\_\_\_\_\_\_ party; (c) that my name and my (father's/mother's/husband's name) has been correctly spelt out above in\_\_\_\_\_\_\_\_\_\_ (name of the language); (d) that to the best of my knowledge and belief, I am qualified and not also disqualified for being chosen to fill the seat in the Legislative Council of\_\_\_\_\_\_\_\_\_\_ (State) from\_\_\_\_\_\_\_\_\_\_ Council constituency. I also declare that I have not been and shall not be, nominated as a candidate at the present biennial election/bye-elections being held simultaneously, to the Legislative Council of\_\_\_\_\_\_\_\_\_\_ (State) from more than two Council constituencies in the State. Date\_\_\_\_\_\_\_\_\_\_ (Signature of the Candidate). \* Score out the words not applicable. [PART II] [Inserted by Notifn. No. S.O. 935(E) , dated the 3rd September, 2002.] (To be filled by the candidate) | | | | --- | --- | | Whether the candidate- | Yes/No. | | (i) has been convicted- | | (a) of any offence(s) under sub-section (1); or | | (b) for contravention of any law specified in sub-section (2), of section 8 of the Representation of the People Act, 1951 ( 43 of 1951 ); or | | (ii) has been convicted for any other offence(s) for which he has been sentenced to imprisonment for two years or more. | If the answer is "Yes", the candidate shall furnish the following information : (i) Case/First information report No./Nos\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) Police station(s)\_\_\_\_\_\_\_\_\_\_ District(s)\_\_\_\_\_\_\_\_\_\_ State(s) \_\_\_\_\_\_\_\_\_\_\_ (iii) Section(s) of the concerned Act(s) and brief description of the offence(s) for which he has been convicted \_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (iv) date(s) of conviction(s) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (v) Court(s) which convicted the candidate \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (vi) Punishment(s) imposed [indicate period of imprisonments) and/or quantam of fine(s)] \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (vii) Date(s) of release from prison\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (viii) Was/were any appeal(s)/revision(s) filed against above conviction(s) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Yes/No (ix) Date and particulars of appeal(s)/application(s) for revision filed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (x) Name of the court(s) before which the appeal(s)/application(s) for revision filed\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (xi) Whether the said appeal(s)/application(s) for revision has/have been disposed of or is/are pending \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (xii) If the said appeal(s)/application(s) for revision has/have been disposed of - (a) Date(s) of disposal \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (b) Nature of order(s) passed \_\_\_\_\_\_\_\_\_\_ Place:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Signature of the candidate)]. [PART III] [Inserted by Notifn. No. S.O. 935(E) , dated the 3rd September, 2002.] (To be filled by the Returning Officer) Serial No. of Nomination Paper\_\_\_\_\_\_\_\_\_\_ This nomination was delivered to me at my office at\_\_\_\_\_\_\_\_\_\_ (hour) on \_\_\_\_\_\_\_\_\_\_ (date) by the candidate/proposer\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Name). Date \_\_\_\_\_\_\_\_\_\_ Returning Officer. [PART IV] [Inserted by Notifn. No. S.O. 935(E) , dated the 3rd September, 2002.] Decision of Returning Officer accepting or rejecting the Nomination Paper I have examined this nomination paper in accordance with section 36 of the Representation of the People Act, 1951 and decide as follows :- Date \_\_\_\_\_\_\_\_\_\_ Returning Officer. [PART V] [Inserted by Notifn. No. S.O. 935(E) , dated the 3rd September, 2002.] Receipt for Nomination Paper and Notice of Scrutiny (To be handed over to the person presenting the nomination paper) Serial No. of nomination paper \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ The nomination paper of\_\_\_\_\_\_\_\_\_\_ a candidate for election to the Legislative Council of\_\_\_\_\_\_\_\_\_\_ (State) from the\_\_\_\_\_\_\_\_\_\_ Graduates'/(Teachers'/Local Authorities') constituency was delivered to me at my office at\_\_\_\_\_\_\_\_\_\_ (hour) on\_\_\_\_\_\_\_\_\_\_ (date) by the candidate/proposer\_\_\_\_\_\_\_\_\_\_ (Name). All nomination papers will be taken up for scrutiny at\_\_\_\_\_\_\_\_\_\_ (hour) on\_\_\_\_\_\_\_\_\_\_ (date) at\_\_\_\_\_\_\_\_\_\_ (Place). Date \_\_\_\_\_\_\_\_\_\_ Returning Officer. Note :- Wherever alternative is provided score out the word(s) not applicable. [FORM 3A] [Substituted by Notifn.No. S.O. 558 (E) , dated the 9th August, 1996.] (See rule 7) Notice Of Nominations Election to the \*House of the People/Legislative Assembly from the\_\_\_\_\_\_\_\_\_\_ constituency. Notice is hereby given that the following nominations in respect of the above election have been received up to 3 P.M. today :- | | | | | | | --- | --- | --- | --- | --- | | Sl. No. of nomination paper | Name of candidate | Name of Father/mother/husband | Age of candidate | Address | | 1 | 2 | 3 | 4 | 5 | | | | | | | | | | | | | | --- | --- | --- | --- | --- | | Party affiliation | Particulars of castes, or tribes for candidates belonging to scheduled castes or scheduled tribes | Electoral roll number of candidates | Name of proposers | Electoral roll No. of propossers | | 6 | 7 | 8 | 9 | 10 | | | | | | | Place: \_\_\_\_\_\_\_\_\_\_ Date: \_\_\_\_\_\_\_\_\_\_ Returning Officer] \*Strike off the inappropriate alternative. [FORM 3B] [Substituted by Notifn. No. S.O. 364(E) , dated the 18th May, 1989, for Forms 3B and 3C.] (See rule 8) Notice Of Nomination Election to the Council of States/Legislative Council by the elected members of the Legislative Assembly/Electoral College of............ Notice is hereby given that the following nominations in respect of the above election have been received up to 3 P.M. today :- | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Serial number of nomination paper | Name of candidate | Name of[father/mother/husband] [Substituted by Nofifn. No. S.O. 124(E) , dated the 24th Februrary 1993 for certain words.] | Age of candidate | Address | Party affiliation | Electoral roll number of candidate | Names of proposers | Serial numbers of proposers in the list maintained under section 152 | | | | | | | | | | | Place................ Date................. Returning Officer. Note :- Wherever alternative is provided score out the word(s) not applicable. [FORM 3C] [Substituted by Notifn. No. S.O. 364(E) , dated the 18th May, 1989, for Forms 3B and 3C.] (See rule 7) Notice Of Nomination Election to the Legislative Council of\_\_\_\_\_\_\_\_\_\_\_\_\_ (State) from the\_\_\_\_\_\_\_\_\_\_\_ constituency. Notice is hereby given that the following nominations in respect of the above election have been received up to 3P.M. today :- | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Serial number of nomination paper | Name of candidate | Name of[father/mother/husband] [Substituted by Nofifn. No. S.O. 124(E) , dated the 24th Februrary 1993 for certain words.] | Age of candidate | Address | Party affiliation | Electoral roll numbers of candidate in assembly constituency | Names of proposers | Electoral roll numbers of proposers in the Council constituency | | | | | | | | | | | Place\_\_\_\_\_\_\_\_\_ Date\_\_\_\_\_\_\_\_\_\_ Returning Officer.] Note :- Wherever alternative is provided score out the word(s) not applicable. \*Substituted by Notification No. S.O. 124(E) , dated the 24th February, 1993, for certain words. [FORM 4 ] [Substituted by Notifn. No. S.O. 558(E) , dated the 9th August, 1996, for Form 4.] (See rule 8) List Of Validly Nominated Candidates Election to the\*\_\_\_\_\_\_\_\_\_\_ | | | | | | | --- | --- | --- | --- | --- | | Sl. No. | Name of candidate | Name of \*\*Father/mother/husband | Address of candidates | @Party affiliation | | 1 | 2 | 3 | 4 | 5 | | | | | | | (i) Candidates of recognised National and State Political Parties. (ii) Candidates of registered political parties (other than recognised National and State Political Parties). (iii) Other candidates. Place\_\_\_\_\_ Date\_\_\_\_\_\_ Returning Officer.] \*Appropriate particulars of the election to be inserted here. \*\* Strike off the inappropriate alternative. @Applicable in the case of candidates mentioned under categories (i) and (ii) above. N.B. - Under Col. 1 above, the serial numbers of candidates of all the three categories shall be given consecutively and not separately for each category. FORM 5 [See rule 9(7) ] Notice Of Withdrawal Of Candidature Election to the\* \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ The Returning Officer, I\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ a [candidate validly nominated] [Substituted by Notifn. No. S.O. 565(E) , dated the 4th August, 1984.] at the above election do hereby give notice that I withdraw my candidature. Place \_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_ Signature of [validly nominated candidate] [Substituted by Notifn. No. S.O. 565(E) , dated the 4th August, 1984.] . This notice was delivered to me at my office at\_\_\_\_\_\_\_\_\_\_ (hour) on \_\_\_\_\_\_\_\_\_\_ (date) by\_\_\_\_\_\_\_\_\_\_ (name), the+ \_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_ Returning Officer. Receipt for Notice of Withdrawal (To be handed over to the person delivering the notice) The notice of withdrawal of candidature by\_\_\_\_\_\_\_\_\_\_ a [validly nominated candidate] [Substituted by Notifn. No. S.O. 565(E) , dated the 4th August, 1984.] at the election to the\*\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ was delivered to me by the+\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ at my office at\_\_\_\_\_\_\_\_\_\_ (hour) on\_\_\_\_\_\_\_\_\_\_ (date). Returning Officer. \*Here insert one of the following alternatives as may be appropriate :- (1) House of the People from the\_\_\_\_\_\_\_\_\_\_ constituency. (2) Legislative Assembly from the\_\_\_\_\_\_\_\_\_ constituency. (3) Council of States by the elected members of the Legislative Assembly of\_\_\_\_\_\_\_\_\_\_ (State). (4) Council of States by the members of the electoral college of\_\_\_\_\_\_\_\_\_\_ (Union territory). (5) Legislative Council by the members of the Legislative Assembly. (6) Legislative Council from the\_\_\_\_\_\_\_\_\_\_ constituency. + Here insert one of the following alternatives as may be appropriate :- (1) Candidate. (2) Candidate's proposer who has been authorised in writing by the candidate to deliver it. (3) Candidate's election agent who has been authorized in writing by the candidate to deliver it. FORM 6 [See rule 9(2) ] Notice Of Withdrawal Of Candidatures [Election to the]] [Appropriate particulars of the election to be inserted here] \_\_\_\_\_\_\_\_\_\_ Notice is hereby given that the following #[validly nominated +candidate]/candidates at the above election withdraw +his candidature/their candidatures today. | | | | | --- | --- | --- | | Name of [validly nominated candidate] | Address of [validly nominated candidate] | Remarks | | 1. | | | | 2. | | | | 3. | | | | etc. | | | Date\_\_\_\_\_\_\_\_\_\_ Returning Officer. \*Appropriate particulars of the election to be inserted here. +Strike off the inappropriate alternative. #Substituted by Notification No. S.O. 565(E) , dated the 4th August, 1984. [FORM 7A] [Substituted by Notifn. No. S.O. 558(E) , dated the 9th August, 1996, for Form 7A.] [See rule 10(7) ] List Of Contesting Candidates Election to the House of the People/Legislative Assembly from the\_\_\_\_\_\_\_\_\_\_ constituency. | | | | | | | --- | --- | --- | --- | --- | | Sl. No. | Name of candidate | Address of candidate | \*Party affiliation | Symbol allotted | | 1 | 2 | 3 | 4 | 5 | | | | | | | (i) Candidates of recognised National and State Political Parties. (ii) Candidates of registered political parties (other than recognised National and State Political Parties). (iii) Other candidates. Place \_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_ Returning Officer.] [FORM 7B] [Substituted by Notifn. No. S.O. 558(E) , dated the 9th August, 1996, for Form 7B.] [See rule 10(1) ] List Of Contesting Candidates [Election to the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_] [Here insert one of the following alternatives as may be appropriate :-] | | | | | | --- | --- | --- | --- | | Sl. No. | Name of candidate | Address of candidate | [Party affiliation] [Applicable in the case of candidates mentioned under categories (i) and (ii) above.] | | 1 | 2 | 3 | 4 | | | | | | (i) Candidates of recognised National and State Political Parties. (ii) Candidates of registered political parties (other than recognised National and State Political Parties). (iii) Other candidates. Place \_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_ Returning Officer.] (1) Council of States by the elected members of the Legislative Assembly of\_\_\_\_\_\_\_\_\_\_ (State). (2) Council of States by the members of the electoral college\_\_\_\_\_\_\_\_\_\_ (Union Territory). (3) Legislative Council of\_\_\_\_\_\_\_\_\_\_ (State), by the members of the Legislative Assembly. (4) Legislative Council of\_\_\_\_\_\_\_\_\_\_ (State), from the\_\_\_\_\_\_\_\_\_\_ Constituency. N.B. - Under Col. 1 above, the serial numbers of candidates of all the three categories shall be given consecutively and not separately for each category.] FORM 8 [See rule 12(1) ] Appointment of Election Agent (To be filled by the Returning Officer) [Election to the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_] [Here insert one of the following alternatives as may be appropriate :-] To The Returning Officer, I\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ of\_\_\_\_\_\_\_\_\_\_ a candidate at the above election do hereby appoint\_\_\_\_\_\_\_\_\_\_ of\_\_\_\_\_\_\_\_\_\_ as my election agent from this day at the above election. Place \_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_ Signature of candidate. I accept the above appointment. Place \_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_ Signature of election agent [Approved.] [Ins.by Notifn. No. S.O. 565(E) , dated the 4th August, 1984.] Signature and Seal of the Returning officer.] (1) House of the People from the\_\_\_\_\_\_\_\_\_\_ constituency. (2) Legislative Assembly from the\_\_\_\_\_\_\_\_\_ constituency. (3) Council of States by the elected members of the Legislative Assembly of\_\_\_\_\_\_\_\_\_\_ (State). (4) Council of States by the members of the electoral college of\_\_\_\_\_\_\_\_\_\_ (Union territory). (5) Legislative Council by the members of the Legislative Assembly. (6) Legislative Council from the constituency. FORM 9 [See rule 12(2) ] Revocation Of Appointment Of Election Agent [Election to the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_] [Here insert one of the following alternatives as may be appropriate :-] To The Returning Officer, I\_\_\_\_\_\_\_\_\_\_ , a candidate at the above election, hereby revoke the appointment of\_\_\_\_\_\_\_\_\_\_ my election agent. Place \_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_ Signature of candidate. \*Here insert one of the following alternatives as may be appropriate :- (1) House of the People from the\_\_\_\_\_\_\_\_\_\_ constituency. (2) Legislative Assembly from the\_\_\_\_\_\_\_\_\_ constituency. (3) Council of States by the elected members of the Legislative Assembly of\_\_\_\_\_\_\_\_\_\_ (State). (4) Council of States by the members of the electoral college of\_\_\_\_\_\_\_\_\_\_ (Union territory). (5) Legislative Council by the members of the Legislative Assembly. (6) Legislative Council from the\_\_\_\_\_\_\_\_\_\_ constituency. FORM 10 [See rule 13(2) ] [Appointment of Election Agent] [To be handed over to the polling agent for production at the polling station or at the place fixed for the poll.] Election to the\*\* \_\_\_\_\_\_\_\_\_\_ I, \_\_\_\_\_\_\_\_\_\_# a candidate/the election agent of\_\_\_\_\_\_\_\_\_\_ who is a candidate at the above election do hereby [appoint\_\_\_\_\_\_\_\_\_\_ (Name and address)] [Substituted by Notifn. No. S.O. 565(E) , dated the 4th August, 1984.] \_\_\_\_\_\_\_\_\_\_ as a polling agent to attend# polling station No\_\_\_\_\_\_\_\_\_\_ at/place fixed for the poll\_\_\_\_\_\_\_\_\_\_ at\_\_\_\_\_\_\_\_\_\_ Place \_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_ Signature of #candidate/election agent. I agree to act as such polling agent. Place \_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_ Signature of polling agent. Declaration of polling agent to be signed before Presiding Officer I hereby declare that at the above election I will not do anything forbidden by section 128## of the Representation of the People Act, 1951, which# I have read/has been read over to me. Date \_\_\_\_\_\_\_\_\_\_ Signature of polling agent. Signed before me. Date \_\_\_\_\_\_\_\_\_\_ Presiding Officer. \*\*Here insert one of the following alternatives as may be appropriate :- (1) House of the People from the\_\_\_\_\_\_\_\_\_\_ constituency. (2) Legislative Assembly from the\_\_\_\_\_\_\_\_\_ constituency. (3) Council of States by the elected members of the Legislative Assembly of\_\_\_\_\_\_\_\_\_\_ (State). (4) Council of States by the members of the electoral college of\_\_\_\_\_\_\_\_\_\_ (Union territory). (5) Legislative Council by the members of the Legislative Assembly. (6) Legislative Council from the\_\_\_\_\_\_\_\_\_\_ constituency. # Strike off the inappropriate alternative. ## Section 128 of the Representation of the People Act, 1951 :- "128. Maintenance of secrecy of voting.- (1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy. (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.". FORM 11 [See rule 14(1) ] Revocation of Appointment of Polling Agent [Election to the \_\_\_\_\_\_\_\_\_\_] [Here insert one of the following alternatives as may be appropriate :-] To The Presiding Officer, I,\_\_\_\_\_\_\_\_\_\_ [the election agent of\_\_\_\_\_\_\_\_\_\_] a candidate at the above election, hereby revoke the appointment of\_\_\_\_\_\_\_\_\_\_ my/his polling agent. Place \_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_ Signature of person revoking. (1) House of the People from the\_\_\_\_\_\_\_\_\_\_ constituency. (2) Legislative Assembly from the\_\_\_\_\_\_\_\_\_ constituency. (3) Council of States by the elected members of the Legislative Assembly of\_\_\_\_\_\_\_\_\_\_ (State). (4) Council of States by the elected members of the electoral college of\_\_\_\_\_\_\_\_\_\_ (Union territory). (5) Legislative Council by the members of the Legislative Assembly. (6) Legislative Council from the\_\_\_\_\_\_\_\_\_\_ constituency. N.B.-Omit the words marked [ ] as necessary. [FORM 12 ] [Substituted by Notifn. No. S.O. 3662, dated the 12th October, 1964, for Form 12.] (See rules 19 and 20) Letter Of Intimation To Returning Officer To The Returning Officer for Assembly/Parliamentary constituency. Sir, I intend to cast my vote by post at the ensuing election to the Legislative Assembly/House of the People from the\_\_\_\_\_\_\_\_\_\_ Assembly/Parliamentary constituency. My name is entered at S. No\_\_\_\_\_\_\_\_\_\_ in Part No\_\_\_\_\_\_\_\_\_\_ of the electoral role for\_\_\_\_\_\_\_\_\_\_ assembly constituency comprised within\_\_\_\_\_\_\_\_\_\_ Parliamentary constituency. The ballot paper may be sent to me at the following address :- Place \_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_ Yours faithfully, .............] [FORM 12A] [Substituted by Notifn. No. S.O. 565(E) , dated the 4th August, 1984.] [See rule 20(2) ] Application For Election Duty Certificate To The Returning Officer, \_\_\_\_\_\_\_\_\_\_ Assembly/Parliamentary constituency. Sir, I intend to cast my vote in person at the ensuing election to the Legislative Assembly/House of the People from the\_\_\_\_\_\_\_\_\_\_ constituency. I have been posted on election duty within the constituency at\_\_\_\_\_\_\_\_\_\_ (No. and name of the polling station) but my name is entered at Serial No\_\_\_\_\_\_\_\_\_\_ Part No \_\_\_\_\_\_\_\_\_\_ of the electoral rolls for\_\_\_\_\_\_\_\_\_\_ assembly constituency comprised within\_\_\_\_\_\_\_\_\_\_ Parliamentary constituency. I request that an Election Duty Certificate in Form 12B may be issued to enable me to vote at the polling station where I may be on duty on the polling day. It may be sent to me at the following address :- Place \_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_ Yours faithfully, \_\_\_\_\_\_\_\_\_\_] FORM 12B [See rules 20(2) and 35A] Election Duty Certificate Certified that\_\_\_\_\_\_\_\_\_\_ is an elector in the\_\_\_\_\_\_\_\_\_\_ Assembly/Parliamentary constituency, his electoral roll number being\_\_\_\_\_\_\_\_\_\_ that by reason of his being on election duty he is unable to vote at the polling station where he is entitled to vote and that he is therefore hereby authorised to vote at any polling station [in the said constituency where] [Inserted by Notifn. No. S.O.565(E) , dated 4th August 1984 for certain words.] he may be on duty on the date of poll. Place\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_ SEAL Signature\_\_\_\_\_\_\_ Returning Officer. [FORM 12C] [Substituted by Notifn.No. S.O. 628(E) , dated 4th August, 1999.] [See rule 27-C] Part I – Letter of intimation to Assistant Returning Officer for notified class of electors : ----------------------------------------------------------------------------------------------- To The Assistant Returning Officer, (for the notified class of electors) \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_ Parliamentary/Assembly constituency (designation & address of ARO) Sir, I,\_\_\_\_\_\_\_\_son/daughter/wife of\_\_\_\_\_\_\_\_\_\_ resident of \_\_\_\_\_\_\_\_\_\_ of \_\_\_\_\_\_\_\_\_\_ village/Mohalla\_\_\_\_\_\_\_\_\_\_ of Town/city/tehsil\_\_\_\_\_\_\_\_\_\_ District\_\_\_\_\_\_\_\_\_\_ of\_\_\_\_\_\_\_\_\_\_ (State) belong to the class of notified electors and wish to cast my vote by post at the election to the House of the People/Legislative Assembly from the \_\_\_\_\_\_\_\_\_\_ Parliamentary/Assembly constituency. My complete present postal address is as under :- House/dwelling unit/tent number \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Camp/mohalla/village \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ward/town/tehsil \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ district \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ State\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ PIN CODE \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ My name is entered at serial number\_\_\_\_\_\_\_\_\_\_ in Part No\_\_\_\_\_\_\_\_\_\_ of the electrol roll for\_\_\_\_\_\_\_\_\_\_ Parliamentary/Assembly constituency. [I am registered as a migrant with\_\_\_\_\_\_\_\_\_\_ (designation of officer) Government of\_\_\_\_\_\_\_\_\_\_ under registration no\_\_\_\_\_\_\_\_\_\_ as a head/member of the family of self/Shri/Shrimati\_\_\_\_\_\_\_\_\_\_ ] [Strike off whichever is not applicable and tikc the relevant statement.] [I am not registered as a migrant.] [Strike off whichever is not applicable and tikc the relevant statement.] [I am the head of my family is serving as a Government employee as (designation) \_\_\_\_\_\_\_\_\_\_ in the office of\_\_\_\_\_\_\_\_\_\_ (full address).] [Strike off whichever is not applicable and tikc the relevant statement.] [I am/the head of my family is a pensioner and drawing pension under account No\_\_\_\_\_\_\_\_\_\_ from Government Treasury/Branch of Bank, located at\_\_\_\_\_\_\_\_\_\_ (full address).] [Strike off whichever is not applicable and tikc the relevant statement.] Yours faithfully, Part II – Certificate by the officer incharge of the migrant camp/office/area or by head of the office where the applicant is serving as a migrant employee or by a treasury officer/bank manager from where the migrant is drawing his pension as a pensioner or by any gazetted officer. -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- It is hereby certified that the particulars given by the applicant in Part I are correct as per our record/to the best of my knowledge and understanding. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (full signature of the attesting Officer) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Name) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (address) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (rubber stamp). Note.-Notified elector means the elector who belongs to the class of persons notified by the Election Commission under clause (c) of section 60 of the Representation of the People Act, 1951. (A copy of the notification issued by the Election Commissions of India is enclosed in this regards).] [FORM 12D] [Inserted by Notification No. S.O. 3786(E) , dated 22.10.2019 (w.e.f. 15.4.1961).] [See rule 27-C] Part I – Letter of intimation to Assistant Returning Officer -------------------------------------------------------------- (for absentee voters) To The Assistant Returning Officer, (for the notified class of electors) ...................................... Parliamentary/Assembly constituency ......................................(designation and address of ARO) Sir, I,.....................son/daughter/wife of .................resident of .............village/ mohalla .............Town/city/tehsil................District..............(State) belong to the class of absentee voter and wish to cast my vote by post at the election to the House of the People/Legislative Assembly form the ...........Parliamentary/Assembly constituency. My complete present postal address is as under - House/dwelling unit/tent number................... Camp/mohalla/tent number................... Ward/town/tehsil................... District................... State........................Pin Code................... Mobile Phone No. (if available)................... My name is entered at serial number..........in Part No...................of the electoral roll for ..............Parliamentary/Assembly constituency. I am working as .....................(designation of the office held) in.................(Name and full address of organisation). I will be on duty in the abovementioned office on the day of poll for the abovementioned election. \*On account of my official duties on the date of poll, I will not be in a position to be present in the polling station assigned to me on the day of poll. OR \*I am..............years of age/am a person with disability, and am not in a position to go to the polling station to cast vote. It is requested that postal ballot paper may be issued to me as absentee voter for the above election. Yours faithfully,......................... (Full name and signature) Part II – (for absentee voter other than senior citizen or persons with disability) ------------------------------------------------------------------------------------- Certificate by the nodal officer appointed by the Organisation concerned. It is hereby certified that the particulars given by the applicant in Part I are correct, and it is further certified that the applicant will be on official duty on the day of poll, and he/she will not be in a position to be present in the polling station on the day of poll. ..................... (Full Signature of the attesting Officer) ....................(Name) ........................(Address)...................(Rubber Stamp) \*Strike off whichever in not applicable and tick the relevant statement. Note. - This Application must reach RO within 5 days following the date of notification of election.] Form 13A [See rule 23(1) (a)] [Declaration by Elector Election to the\_\_\_\_\_\_\_\_\_] [Here insert one of the following alternatives as may be appropriate :-] (This side is to be used only when the elector signs the declaration himself) I hereby declare that I am the elector to whom the postal ballot paper bearing serial number\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ has been issued at the above election. Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of elector. Address \_\_\_\_\_\_\_\_\_ Attestation of signature [The above has been signed in my presence by\_\_\_\_\_\_\_\_\_ (elector) who] [Strike off the inappropriate alternative.] is personally known to me/has been identified to my satisfaction by\_\_\_\_\_\_\_\_\_ (identifier) who is personally known to me. Signature of Attesting Officer. Designation \_\_\_\_\_\_\_\_\_ Signature of identifier, if any\_\_\_\_\_\_\_\_\_ Address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Address \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (This side is to be used when the elector cannot sign himself) I hereby declare that I am the elector to whom the postal ballot paper bearing serial number\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ has been issued at the above election. Date \_\_\_\_\_\_\_\_\_ Signature of Attesting Officer on behalf of elector. Address of Elector \_\_\_\_\_\_\_\_\_ Certificate I hereby certify that - (1) [The above named elector] [Strike off the inappropriate alternative.] is personally known to me/has been identified to my satisfaction by\_\_\_\_\_\_\_\_\_ (identifier) who is personally known to me; (2) [I am satisfied that the elector] [Strike off the inappropriate alternative.] is illiterate/suffers from\_\_\_\_\_\_\_\_\_ (infirmity) and is unable to record his vote himself or sign his declaration; (3) I was requested by him to mark the ballot paper and to sign the above declaration on his behalf; and (4) the ballot paper was marked and the declaration signed by me on his behalf in his presence and in accordance with his wishes. Signature of Attesting Officer \_\_\_\_\_\_\_\_\_\_ Designation \_\_\_\_\_\_\_\_\_ Signature of identifier, if any \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Address \_\_\_\_\_\_\_\_\_ Address \_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_ (1) House of the People from the\_\_\_\_\_\_\_\_\_ constituency. (2) Legislative Assembly from the\_\_\_\_\_\_\_\_\_ constituency. (3) Council of States by the elected members of the Legislative Assembly of\_\_\_\_\_\_\_\_\_ (State). (4) Council of States by the members of the electoral college of\_\_\_\_\_\_\_\_\_ (Union territory). (5) Legislative Council by the members of the Legislative Assembly. (6) Legislative Council from the\_\_\_\_\_\_\_\_\_ constituency. FORM 13B [See rule 23(1) (b)] [Cover A] [Substituted by Notifn. No. S.O. 565(E) , dated the 4th August, 1984.] | | | | --- | --- | | Cover `A' | NOT TO BE OPENED BEFORE COUNTING ELECTION [to the.................] [Returning Officer to insert here the name of the appropriate Parliamentary/Assembly Constituency.] POSTAL BALLOT PAPER Serial number of ballot paper................. | [Appropriate particulars of the election to be inserted here.] [Returning Officer to insert here the name of the appropriate Parliamentary/Assembly Constituency.] FORM 13C [See rule 23(1) (c)] [Cover B] [Substituted by Notifn. No. S.O. 565(E) , dated the 4th August, 1984.] (To be used at an election to the House of People for the Legislative Assembly of a State) | | | --- | | Cover ["Every officer under whose care of through whom a postal ballot[\*\*\*SERVICE UNPAID] [Substituted by Notifn. No. S.O. 2362(E) , dated 3-5-1970.] `B' ballot paper is sent shall ensure its delivery to the address see without delay-Rule 23(4) ] of the Conduct of Elections Rules, 1961"] ELECTION-IMMEDIATE POSTAL BALLOT PAPER [For....................Constituency] [Returning Officer to insert here the name of the appropriate Parliamentary/Assembly Constituency.] (NOT TO BE OPENED BEFORE COUNTING) To The Returning Officer [Signature..........] [Returning Officer to mention here his full postal address.] Of sender............ | FORM 13C [See rule 23(1) (c)] [Cover B]] [Substituted by Notifn.No. S.O. 565(E) , dated the 4th August, 1984.] (To Be Used At An Election To The Council Of States Or To The Legislative Council Of A State) | | | | --- | --- | | COVER `B' | NOT TO BE OPENED BEFORE COUNTING ELECTION ELECTION-IMMEDIATE[...................] [Insert here Council of States or name of the Legislative Council or the appropriate Electoral College.] POSTAL BALLOT PAPER.................... The Returning Officer [........................] [Full postal address of the Returning Officer to be inserted here.] ........................... ........................... ........................... | [FORM 13D] [Subs, by Notifn. No. S.O. 961 (E) , dated the 29th December, 1986, for Form 13D.] [See rule 23(1) (d)] Instructions for Guidance of Electors (To be used at an election to the House of the People or to the Legislative Assembly of a State) [Election to the\_\_\_\_\_\_\_\_\_ from the\_\_\_\_\_\_\_\_\_\_] [Appropriate particulars of the election, to be inserted here.] The persons whose names are printed on the ballot paper sent herewith are candidates at the above election. Record your vote by placing clearly a mark opposite the name of the candidate to whom you wish to give your vote. The mark should be so placed as to indicate clearly and beyond doubt to which candidate you are giving your vote. If the mark is so placed as to make it doubtful to which candidate you have given your vote, your vote will be invalid. The number of members to be elected is one. Please remember that you have only one vote. Accordingly you should not vote for more than one candidate. If you do so, your ballot paper will be rejected. Do not put your signature or write any word or mark any mark, sign or writing whatsoever on the ballot paper other than the mark required to record your vote. After you have recorded your vote on the ballot paper, place the ballot paper in the smaller cover marked 'A' sent herewith. Close the cover and secure it by seal or otherwise. (1) You may then sign the declaration in Form ISA also sent herewith in the presence of a stipendiary magistrate and obtain the attestation of your signature by such stipendiary magistrate. (2) If you are a member of the armed forces of the Union or of an armed police force of a State but is serving outside that State, the attestation may be obtained by such officer as may be appointed in this behalf by the Commanding Officer of the Unit, ship or establishment in which you or your husband, as the case may be, are employed. (3) If you are employed under the Government of India in a post outside India the attestation may be obtained by such officer as maybe appointed in this behalf by the diplomatic or consular representative of India in the country in which you are resident. (4) If you hold an office like the office of the (i) President, (ii) Vice-President, (iii) Governors of States, (iv) Cabinet Ministers of the Union or of any State, (v) The Deputy Chairman and Members of the Planning Commission, (vi) The Ministers of State of the Union or of any State, (vii) Deputy Minister of the Union of any State, (viii) The Speaker of the House of the People or of any State Legislative Assembly, (ix) The Chairman of any State Legislative Council, (x) Lieutenant Governors of Union territories, (xi) The Deputy Speaker of the House of the People or of any State Legislative Assembly, (xii) The Deputy Chairman of the Council of States or of any State Legislative Council, (xiii) Parliamentary Secretaries of the Union or of any State, the attestation may be obtained by an officer not below the rank of a Deputy Secretary to the Government of the Union or the State, as the case may be. (5) If you are on an election duty, attestation may be obtained by any gazetted officer or by the Presiding Officer of the polling station in which you are on election duty. (6) If you are under preventive detention, the attestation may be obtained by the Superintendent of the jail or the Commandant of the detention camp in which you are under detention. In all the above cases you may take the declaration to the authorised officer and sign it in his presence after he has satisfied himself about your identity. The officer will attest your signature and return the declaration to you. You must not show your ballot paper to the attesting officer nor tell him how you have voted. If you are unable to mark the ballot paper and sign the declaration yourself in the manner indicated above by reason of illiteracy, blindness or other infirmity, you are entitled to have your vote marked and declaration signed on your behalf by any of the authorised officer mentioned above. Such an officer will, at your request mark the ballot paper in your presence and in accordance with your wishes. He will also complete the necessary certificate in this behalf. After your declaration has been signed and your signature has been attested, place the declaration in Form ISA as also the smaller cover marked 'A' containing the ballot paper in the larger cover marked 'B'. After closing the larger cover, send it to the returning officer by post or by messenger. You have to give full signature in the space provided on the cover marked "B1. \* Appropriate particulars of the election, to be inserted here. No postage stamp need be affixed by you, if the cover is posted in India. If, however, you are an elector employed under the Government of India in a post outside India, you should return the cover to the returning officer concerned direct by air mail service after the requisite postage stamp is duly affixed thereon by the office in which you are serving except where it is sent by diplomatic bag. [You must ensure that the cover reaches the Returning Officer before] [Here specify the hour and date fixed for the commencement of counting of votes.] \_\_\_\_\_\_\_\_\_\_\_\_\_\_ [on] [To be deleted when only one member is to be elected.] \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Please note that :- (i) if you fail to get your declaration attested or certified in the manner indicated above, your ballot paper will be rejected; and (ii) [if the cover reaches the returning officer after] [To be deleted when only one member is to be elected.] \_\_\_\_\_\_\_\_\_\_\_\_\_\_ [on the] [Here specify the hour and date fixed for the commencement of counting of votes.] \_\_\_\_\_\_\_\_\_\_\_\_\_\_ your vote will not be counted. FORM 13D [See rule 23(1) (d)] Instructions For Guidance Of Electors (To be used at an election to the Council of States or to the Legislative Council of a State) Election to the Council of States\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Legislative Council. [The persons whose names are printed on the ballot paper sent herewith are candidates at the above election. Record your vote by placing the figure 1 in the space opposite the name of the candidate to whom you want to vote. Place the figure 1 opposite the name of one candidate only] [To be deleted when only one member is to be elected.] (although there are more members than one to be elected). You may indicate your relative preference for the other candidates by placing in the spaces opposite their names the figures 2, 3, 4, etc., in order of such preference. Do not place more than one figure opposite the name of any candidate and do not place the same figure opposite the names of more candidates than one. The number of members to be elected is ..................................................................................................................... After you have recorded your vote on the ballot paper, place the ballot paper in the smaller cover marked 'A' sent herewith. Close the cover and secure it by seal or otherwise. You have then to sign the declaration in Form ISA also sent herewith in the presence of an officer competent to attest your signature. If you are under preventive detention the attestation of your signature on the declaration in Form ISA shall be obtained by the Superintendent of the jail or the Commandant of the detention camp in which you are under such detention. If you are not under preventive detention, the attestation may be obtained by a stipendiary magistrate to whom you are personally known or to whose satisfaction you have been identified, or in the case of an election to a Council Constituency by any of the following categories of officers who have been notified in this behalf by the Election Commission, namely :- Take the declaration to any such officer and sign it in his presence after he has been satisfied about your identity. The officer will attest your signature and return the declaration to you. You must not show your ballot paper to the attesting officer nor tell him how you have voted If you are unable to mark the ballot paper and sign the declaration yourself in the manner indicated above by reason of illiteracy, blindness or other infirmity, you are entitled to have your vote marked and the declaration signed on your behalf by an officer competent to attest your signature. Such an officer will, at your request, mark the ballot paper in your presence and in accordance with your wishes. He will also complete the necessary certificate in this behalf. After the declaration has been signed and your signature has been attested, place the declaration in Form ISA as also the smaller cover marked 'A' containing the ballot paper in the larger cover marked 'B'. After closing the larger cover, send it to the Returning Officer by registered post or by messenger. [You must ensure that the cover reaches the returning officer before] [Here specify the hour and date fixed for the commencement of counting of votes.] \_\_\_\_\_\_\_\_\_\_\_\_\_\_ [on the \_\_\_\_\_\_\_\_\_\_\_\_\_\_.] [Here specify the hour and date fixed for the commencement of counting of votes.] Please note that - (i) If you fail to get your declaration attested or certified in the manner indicated above your ballot paper will be rejected; and (ii) [if the cover reaches the returning officer after] [Here specify the hour and date fixed for the commencement of counting of votes.] \_\_\_\_\_\_\_\_\_\_\_\_\_\_ [on the\_\_\_\_\_\_\_\_\_\_\_\_\_\_] [Here specify the hour and date fixed for the commencement of counting of votes.] your vote will not be counted. Any ballot paper on which the figure 1 is not marked or on which the figure 1 is set opposite the name of more than one candidate, or is so placed as to render it doubtful to which candidate it is intended to apply, or on which the figure 1 and some other figures are set opposite the name of the same candidate or on which the same figure is set opposite the name of more candidates than one or on which the signature of the elector is not duly attested or the number of which does not agree with the number of the ballot paper entered on the cover in which it is placed, will be rejected.] [FORM 13E] [Form 13E ins. by Notifn. No. S.O. 321 (E) , dated the 1st May, 1996 and subs, by Notifn. No. S.O. 628(E), dated 4th August, 1999.] (See rule 27F) Instructions For Guidance Of Notified Class Of Electors (To be used at an election to the House of the People/State Legislative Assembly) Election to the House of the People/Legislative Assembly of\_\_\_\_\_\_\_\_\_\_\_\_\_\_ from the\_\_\_\_\_\_\_\_\_\_\_\_\_\_ The persons whose names are printed on the ballot paper sent herewith are candidates at the above election. Record your vote by placing clearly a mark opposite the name of the candidate to whom you wish to give your vote. The mark should be so placed as to indicate clearly and beyond doubt to which candidate you are giving your vote. If the mark is so placed as to make it doubtful to which candidate you have given your vote, your vote will be invalid. The number of members to be elected is one. Accordingly, you should not vote for more than one candidate, if you do so, your ballot paper will be rejected. Do not put your signature or write any word or mark any mark, sign or writing whatsoever on the ballot paper other than the mark required to record your vote. After you have recorded your vote on the ballot paper, place the ballot paper in the smaller cover marked A sent herewith. Close the cover and secure it by seal or otherwise. You may then sign the declaration in Form ISA which is sent herewith in the presence of the officer (as defined in Rule 27J) of the Conduct of Elections Rules, 1961 and obtain the attestation of your signature by such authorised officer. Extracts of Rule 27 J of the Conduct of Elections Rules, 1961 are enclosed herewith. If you are unable to mark the ballot paper and sign the declaration yourself in the manner indicated above by reason of illiteracy, blindness or other infirmity, you are entitled to have your vote marked and declaration signed on your behalf by any of the authorised officers as mentioned above. Such an Officer will, at your request mark the ballot paper in your presence and in accordance with your wishes. He will also complete the necessary certificate in this behalf. After your declaration has been signed and your signature has been attested, place the declaration in Form 13A as also the smaller cover marked A containing the ballot paper in the larger cover marked B. After closing the larger cover, send it to the Returning Officer by post or by messenger. You have to give your full signature in the space provided on the cover marked B. No postage stamp need be affixed by you if the cover is posted in India. If, however, you are an elector employed under the Government of India on a post outside India, you should return the cover to the Returning Officer concerned direct by air mail service after the requisite postage stamp is fully affixed thereon by the office in which you are serving except where it is sent by diplomatic bag. You must ensure that the cover reaches the Returning Officer before\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (hour) on\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (date). Please note that :- (i) if you fail to get your declaration attested or certified in the manner indicated above, your ballot paper will be rejected; and (ii) if the cover reaches the Returning Officer after\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (hour) on\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (date) your vote will not be counted.] [FORM 13F ] [Inserted by Notifn. No. S.O. 903(E) , dated the 5th August, 2003.] [See rule 27N(3) ] Serial No.\_\_\_\_\_\_\_ Appointment of Proxy by Classified Service Voter to Give Vote. I\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (name of the classified service voter) aged about\_\_\_\_\_\_\_ s/o, d/o, w/o\_\_\_\_\_\_\_\_\_\_\_\_\_\_ r/o\_\_\_\_\_\_\_\_\_\_\_\_\_\_ presently working as\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and posted at\_\_\_\_\_\_\_\_\_\_\_\_\_\_ am entitled to appoint proxy under sub-rule (2) of rule 27N of the Conduct of Election Rules, 1961. I hereby appoint\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (name of the proxy) aged about\_\_\_\_\_\_\_\_\_\_\_\_\_\_ s/o, d/o, w/o\_\_\_\_\_\_\_\_\_\_\_\_\_\_ r/o\_\_\_\_\_\_\_\_\_\_\_\_\_\_ as my proxy to give vote on my behalf and in my name in\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Assembly constituency and/or\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Parliamentary constituency of the State/Union territory of\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in which I am entitled to give vote under the Representation of the People Act, 1951 ( 43 of 1951 ) and the rules made thereunder. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Signature of proxy) (Signature of classified service voter) Serial number of his name Serial number of his name in the last and part no. of electoral roll of the Part of – electoral roll of the concerned ------------------------------------------- concerned constituency\_\_\_\_\_\_\_\_\_\_\_\_ constituency \_\_\_\_\_\_\_\_\_\_ Service Identity Card No \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Name of the Force to which he belongs \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Note: (1) The person to be appointed as proxy shall be an ordinary resident in the constituency concerned and of not less than eighteen years of age and shall not be a person disqualified for registration as an elector in an electoral roll under section 16 of the Representation of the People Act, 1950 ( 43 of 1950 ). (2) The signature of the classified service voter and the proxy shall be made before a First Class Magistrate or Notary or the Commanding Officer of the Unit concerned who shall verify the signatures under his hand and seal. In case of First Class Magistrate or Notary verifying the signature, he shall personally check the service identity card of the classified service voter to authenticate veracity of the classified service voter. (3) Score out the word (s) which are not applicable. Receipt of Form 13F for the appointment of proxy by classified service voter (To be handed over to the person depositing the said form) Serial No \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Received Form 13F of Shri/Smt./Kum\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Returning Officer FORM 13G [See rule 27N(4] Serial No \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Revocation Of Appointment Of Proxy Or Revocation Of Appointment Of Proxy And Appointment Of Substitute Proxy By Classified Service Voter To Give Vote I\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (name of the classified service voter) aged about\_\_\_\_\_\_\_\_\_\_\_\_\_\_ s/o, d/o, w/o\_\_\_\_\_\_\_\_\_\_\_\_\_\_ r/o\_\_\_\_\_\_\_\_\_\_\_\_\_\_ presently working as\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and posted at\_\_\_\_\_\_\_\_\_\_\_\_\_\_ had appointed\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (name of the proxy) aged about\_\_\_\_\_\_\_\_\_\_\_\_\_\_ s/o, d/o, w/o\_\_\_\_\_\_\_\_\_\_\_\_\_\_ r/o\_\_\_\_\_\_\_\_\_\_\_\_\_\_ as my proxy to give vote on my behalf and in my name in\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Assembly constituency and/or\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Parliamentary constituency of the State/Union territory of\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. I hereby revoke the appointment of my said proxy and do not wish to appoint any substitute proxy. OR Whereas such proxy has died/I hereby revoke appointment of the said proxy and being entitled to appoint substitute proxy under sub-rule (4) of rule 27N of the Conduct of Election Rules, 1961, hereby appoint\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (name of the substitute proxy) aged about\_\_\_\_\_\_\_\_\_\_\_\_\_\_ s/o, d/o, w/o \_\_\_\_\_\_\_\_\_\_\_\_\_\_ r/o\_\_\_\_\_\_\_\_\_\_\_\_\_\_ as substitute proxy who shall hereafter give vote on my behalf and in my name in\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Assembly constituency and/or\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Parliamentary constituency\_\_\_\_\_\_\_\_\_\_\_\_\_\_ of the State/Union territory of\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in which I am entitled to give vote under the Representation of the People Act, 1951 ( 43 of 1951 ) and the rules made thereunder. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Signature of proxy)(Signature of classified service voter) Serial number of his name Serial number of his name in the last and part no. of electoral roll of the Part of – electoral roll of the concerned concerned constituency\_\_\_\_\_\_\_ -------------------------------------------------------------------------------- constituency \_\_\_\_\_\_\_\_\_\_\_\_\_ Service Identity Card No \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Name of the Force to which he belongs \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Note: - (1) The person to be appointed as proxy shall be an ordinary resident in the constituency concerned and of not less than eighteen years of age and shall not be a person disqualified for registration as an elector in an electoral roll under section 16 of the Representation of the People Act, 1950 ( 43 of 1950 ). (2) The signature of the classified service voter and the proxy shall be made before a First Class Magistrate or Notary or the Commanding Officer of the Unit concerned who shall verify the signatures under his hand and seal. In case of First Class Magistrate or Notary verifying the signature, he shall personally check the service identity card of the classified service voter to authenticate veracity of the classified service voter. (3) Score out the word (s) which are not applicable. Receipt of Form 13G for revocation of appointment of proxy or revocation of appointment of proxy and appointment of substitute proxy by classified service voter to give vote. (To be handed over to the person depositing the said form) Serial No \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Received Form 13G of Shri/Smt/Kum \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_r/o\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature and Seal Returning Officer. FORM 14 [See rule 36(2) (c)] List Of Challenged Votes [Election to the\_\_\_\_\_\_\_\_\_\_\_\_\_\_] [Appropriate particulars of the election to be inserted here.] from the \_\_\_\_\_\_\_\_\_\_\_\_\_\_ constituency. [Polling Station Number and Name of Polling Station\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Assembly constituency/Name of place of poll\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ] [Substituted by Notifn. No. S.O. 565(E) , dated the 4th August, 1984.] | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Serial Number of entry | Name of electoral | Part of roll | Elector's name in that part | Signature or thumb-impression of the person challenged | Address of the person challenged | Name of identifier, if any | Names of challenger | Order of Presiding Officer | Signature of challenger on receiving refund of deposit | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | | 1. | | | | | | | | | | | 2. | | | | | | | | | | | 3. | | | | | | | | | | | 4. | | | | | | | | | | | 5. | | | | | | | | | | | 6. | | | | | | | | | | | 7. | | | | | | | | | | | 8. | | | | | | | | | | | 9. | | | | | | | | | | | 10. | | | | | | | | | | Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Presiding Officer. [FORM 14A] [Substituted by Notifn. No. S.O. 2362, dated the 3rd July, 1970, for Form 14A.] [See rules 40(2) and 40A(2)] List of #[Illiterate, Blind and Infirm Voters [Election to the\_\_\_\_\_\_\_\_\_\_\_\_\_\_] [Strike off whichever is inapplicable.] [from the\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ] [Strike off whichever is inapplicable.] [constituency] [Strike off whichever is inapplicable.] /by the elected members/members of the Legislative Assembly of\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (State) . [Number and Name of Polling Station\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Assembly constituency/Name of place of poll\_\_\_\_\_\_\_\_\_\_\_\_\_\_] [Substituted by Notifn. No. S.O. 565(E) , dated the 4th August, 1984, for certain words.] | | | | | | | --- | --- | --- | --- | --- | | Part No. & Serial No. of elector | Full name of elector | Full name of companion | Address of companion | Signature of companion | | | | | | | Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Presiding Officer.] #The word "illiterate" not applicable in the case of election from Assembly/Parliamentary constituency. FORM 15 [See rule 42(2) ] List of Tendered Votes [Election in the] [Appropriate particulars of the election to be inserted here.] \_\_\_\_\_\_\_\_\_\_\_\_\_\_ from the\_\_\_\_\_\_\_\_\_\_\_\_\_\_ constituency. [Number and Name of Polling Station\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Assembly Constituency/Name of place of poll\_\_\_\_\_\_\_\_\_\_\_\_\_\_] [Substituted By Notifn. No. S.O. 565(E) , dated the 4th August, 1984, for certain words.] | | | | | | | --- | --- | --- | --- | --- | | Part number, serial number and name of elector | Address of elector | Serial number of tendered ballot paper | Serial number of ballot paper issued to the person who has already voted | Signature or thumb impression of person tendering vote | | 1 | 2 | 3 | 4 | 5 | | | | | | | Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Presiding Officer. [FORM 16] [Form 16 ins. by Notifn. No. S.O. 470A, dated the 27th January, 1971 and subs, by Notifn. No. S.O. 518(E) , dated the 7th September, 1979.] [See rules 45, 56(7) and 56A(7)] Part I – . Ballot Paper Account --------------------------------- Election to the \_\_\_\_\_\_\_\_\_\_\_\_\_\_ from the \_\_\_\_\_\_\_\_\_\_\_\_\_\_ constituency. Name of Assembly Segment \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (in the case of election from a Parliamentary constituency) No. and Name of Polling Station \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | --- | --- | --- | | | Serial Nos. | Total No. | | From To | ### 1. Ballot papers received \_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. Ballot papers unused (i.e. not issued to voters) - (a) With the signature of Presiding Officer (b) Without the signature of Presiding Officer \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ [Total: (a+b)] [Serial numbers need not be given] \_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 3. [Ballot papers used at the Polling Station \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_] [Serial numbers need not be given] (1−2=3) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 4. [Ballot papers used at the polling station but] [Serial numbers need not be given] Not Inserted Into The Ballot Box: (a) Ballot papers cancelled for violation of voting procedure under rule 39 \_\_\_\_\_\_\_\_\_\_\_\_\_\_ (b) Ballot papers cancelled for other reasons. (c) Ballot papers used as tendered ballot papers \_\_\_\_\_\_\_\_\_\_\_\_\_\_ [Total: (a+b+c) \_\_\_\_\_\_\_\_\_\_\_\_\_\_] [Serial numbers need not be given] ### 5. [Ballot papers to be found in the ballot box] [Serial numbers need not be given] (3−4−5) Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of the Presiding Officer. Part II – . Result of Counting -------------------------------- | | | | | --- | --- | --- | | I | Name of candidate | Number of valid votes cast | | 1 | | | | 2 | | | | 3 | | | | 4 | | | | 5 | | | | 6 | | | | etc. | | | | II. | Rejected Ballot Papers | | III. | TOTAL | | | Whether the total number of ballot papers shown against item No. III above tallies with the total shown against item No. 5 of Part I or any discrepancy notice between these two totals. | | Place \_\_\_\_\_\_\_\_\_\_\_\_\_\_Signature of the Counting Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Supervisor Place \_\_\_\_\_\_\_\_\_\_\_\_\_\_Signature of the returning Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Officer.] [FORM 16A] [Original Form 16 renumbered as Form 16A by Notifn. No. S.O. 479 A, dated the 27th January, 1971, omitted by Notifn. No, 518(E) , dated the 7th September, 1979 and again ins. by Notifn. No. S.O. 958(E), dated the 17th November, 1989.] [See rules 45 and 55B(1) ] (To be used in constituencies specified under rule 59A) Election to the\_\_\_\_\_\_\_\_\_\_\_\_\_\_ from the\_\_\_\_\_\_\_\_\_\_\_\_\_\_ constituency. Name of Assembly Segment\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (in the case of election from a Parliamentary constituency) No. and Name of Polling Station \_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | --- | --- | --- | | | Serial Nos. | Total No. | | From To | ### 1. Ballot papers received \_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. Ballot papers unused (i.e. not issued to voters) - \_\_\_\_\_\_\_\_\_\_\_\_\_\_ (a) With the signature of Presiding Officer\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (b) Without the signature of Presiding Officer \_\_\_\_\_\_\_\_\_\_\_\_\_\_ [Total: (a+b)] [Serial numbers need not be given] \_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 3. [Ballot papers used at the Polling Station] [Serial numbers need not be given] \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (1−2=3) \_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 4. [Ballot papers used at the polling station but] [Serial numbers need not be given] Not Inserted Into The Ballot Box : (a) Ballot papers cancelled for violation of voting procedure under rule 39. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (b) Ballot papers cancelled for other reason. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (c) Ballot papers used as tendered ballot papers \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ [Total: (a+b+c)] [Serial numbers need not be given] \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 5. [Ballot papers to be found in the ballot box] [Serial numbers need not be given] (3−4=5) Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of the Presiding Officer. Part II – Result Of Initial Counting -------------------------------------- ### 1. Total number of ballot papers found in the ballot box(es) used at the polling station \_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. Discrepancy, if any, between the total number as shown against item 1 in this Part and the total number of ballot papers to be found in the ballot box(es) shown in item 5 of Part I \_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Counting Supervisor Signature of the Returning Officer.] FORM 17 [See rule 49(3) (f)] Tendered Ballot Paper [Election to the] [Appropriate particulars of the election to be inserted here.] \_\_\_\_\_\_\_\_\_\_\_\_\_\_ from the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ constituency \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Serial number of Ballot paper \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Polling Station \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Name of Elector \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Serial number of elector\_\_\_\_\_\_\_\_\_ in Part number\_\_\_\_\_\_\_\_\_ of the electoral roll. Address of elector \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Name of candidate in whose favour vote is tendered\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_ [FORM 17A ] [Inserted by Notifn. No. S.O. 230(E) , dated the 24th March, 1992.] (See rule 49L) Register of Voters Election to the House of the People/Legislative Assembly of the State/Union territory \_\_\_\_\_\_\_\_\_\_\_\_\_\_ from\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Constituency No. and Name of Polling Station\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Part No. of Electoral Roll\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | | | | | | --- | --- | --- | --- | --- | | Sl. No. | Sl. No. of elector in the electoral roll | Details of the document produce by the elector in proof of his/her identification | Signature/Thumbimpression of elector | Remarks | | (1) | (2) | (3) | (4) | (5) | | 1. | | | | | | 2. | | | | | | 3. | | | | | | 4. | | | | | | etc. | Signature of the Presiding Officer] | FORM 17B (See rule 49P) List of Tendered Votes Election to the House of the People/Legislative Assembly of the State/Union territory\_\_\_\_\_\_\_\_\_\_\_\_\_\_ from\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Constituency. No. and Name of Polling Stating \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Part No – of Electoral Roll \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ -------------------------------------------------------------------------------------------------------------------- | | | | | | | --- | --- | --- | --- | --- | | Sl. No. | Name of elector | Sl. No. of elector in electoral roll | Sl. No. in Register of Voters (Form 17-A) of the person who has already voted in place of elector | Signature/Thumb-impression of elector | | 1. | | | | | | 2. | | | | | | 3. | | | | | | 4. | | | | | | 5. | | | | | | 6. | | | | | | 7. | | | | | | 8. | | | | | | 9. | | | | | | 10. | | | | | Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of the Presiding Officer. FORM 17C [See rules 49S and 56C(2) ] Part I – . Account Of Votes Recorded -------------------------------------- Election to House of the People/Legislative Assembly of the State/Union territory\_\_\_\_\_\_\_\_\_ from\_\_\_\_\_\_\_\_\_\_\_\_ Constituency. No. and Name of Polling Station \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Identification No. of Voting Machine used at the Polling Station balloting Unit :- ### 1. Total No. of electors assigned to the Polling Station ### 2. Total No. of voters as entered in the Register for Voters (Form 17A) ### 3. No. of voters deciding not to record votes under rule 49-O ### 4. No. of voters not allowed to vote under rule 49M ### 5. Total No. of votes recorded as per voting machine. ### 6. Whether the total No. of votes as shown against item 5 tallies with the total No. of voters as shown against item 2 minus Nos. of voters deciding not to record votes as against item 3 minus No. of Voters as against item 4 (2-3-4) or any discrepancy noticed. ### 7. No. of voters to whom tendered ballot papers were issued under rule 49P. ### 8. No. of tendered ballot papers. SI. No. From To (a) received for use \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (b) issued to electors \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (c) not used and returned \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 9. Account of papers seals . \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Sl. Nos From To Signature of polling agents. ### 1. Serial Numbers of paper seals supplied, ### 1. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ From\_\_\_\_\_\_\_\_\_\_\_ to \_\_\_\_\_\_\_\_\_\_, ### 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. Total Numbers supplied ### 3. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 3. Number of paper seals used ### 4. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 4. Number of unused paper seals returned to ### 5. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Returning Officer (Deduct item 3 from item 2) ### 6. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 5. Serial number of damaged paper seal,, if any, Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Place\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Presiding Officer Polling Station No \_\_\_\_\_\_\_\_ Part II – . Result Of Counting -------------------------------- | | | | | --- | --- | --- | | Sl. No. | Name of Candidate | No. of Votes recorded | | 1. | | | | 2. | | | | 3. | | | | 4. | | | | 5. | | | | 6. | | | | Total | | | Whether the total nos. of votes shown above tallies with the total No. of votes shown against item 5 of Part I or any discrepancy noticed between the two totals. Place \_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Counting Supervisor Name of candidate/election agent/counting agent Full signature | | | --- | | 1. | | 2. | | 3. | | 4. | | 5. | | 6. | | 7. | | 8. | Place \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Returning Officer.] FORM 18 [See rule 52(2) ] Appointment of Counting Agents Election to the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ from the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ constituency. To The Returning Officer, I,\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \*a candidate/the election agent of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ who is a candidate at the above election, do hereby appoint the following persons as my counting agents to attend the counting of votes at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ : Name of the Counting agentAddress of the counting agent. ### 1. ### 2. ### 3. etc. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ We agree to act as such counting agents,Signature of \*candidate/election agent. ### 1. ### 2. ### 3. etc. Place\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date\_\_\_\_\_\_\_\_\_\_ Signature of counting agents. Declaration of Counting Agents (To be signed before the Returning Officer) We hereby declare that at the above election we will not do anything forbidden by section 128$ of the Representation of the People Act, 1951 ( 43 of 1951 ), which \*we have read/has been read over to us. ### 1. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 3. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ etc. Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of counting agents. Signed before me. Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Returning Officer. \*Strike off the inappropriate alternative. Section 128 of the Representation of the People Act, 1951 :- "128. Maintenance of secrecy of voting.- (1) Every Officer, clerk, agent or other persons who performs any duty in connection with the recording or counting of votes at an election shall maintain and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy. (2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both." FORM 19 [See rule 52(4) ] Revocation of Appointment of counting Agents [Election of the] [Here insert one of the following alternatives as may be appropriate :-] \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ To The Returning Officer, I,\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ [the election agent of\_\_\_\_\_\_\_\_\_ a candidate at the above election hereby revoke the appointment of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ my/his counting agent. Place \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of person revoking. (1) House of the People from the\_\_\_\_\_\_\_\_\_ constituency. (2) Legislative Assembly from the\_\_\_\_\_\_\_\_\_ constituency. (3) Council of States by the elected members of the Legislative Assembly of\_\_\_\_\_\_\_\_\_ (State). (4) Council of States by the members of the electoral college of\_\_\_\_\_\_\_\_\_ (Union territory). (5) Legislative Council by the members of the Legislative Assembly. (6) Legislative Council from the\_\_\_\_\_\_\_\_\_ constituency. N.B. - Omit the Words [] as necessary. [FORM 20] [Substituted by Notifn. No. S.O. 518(E) , dated the 7th September, 1979.] [See rule 56(7) ] Final Result Sheet (To be used for recording the result of voting at polling stations other than notified polling stations) Election to the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ from the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ constituency. Part I – (To be used both for Parliamentary and Assembly elections) --------------------------------------------------------------------- Name of the Assembly segment Total No. of electors in (in the case of election from a Assembly constituency/ Parliamentary constituency) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ segment \_\_\_\_\_\_\_\_\_\_ | | | | | | | --- | --- | --- | --- | --- | | Serial No. of Polling Station | No. of valid votes cast in favour of ABC | Total of valid votes | No. of rejected Votes | Total No. of tendered votes | | (1) | | | | | | (2) | | | | | | (3) | | | | | | etc. | | | | | | TOTAL No. of votes recorded at Polling Station. | No. of votes recorded on postal ballot papers. (To be filled in the case of election from an Assembly constituency.) | | | --- | | TOTAL votes polled. | Place \_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_Returning Officer. Part II – (To be used for a Parliamentary election only) ---------------------------------------------------------- | | | | | | | --- | --- | --- | --- | --- | | Name of Assembly segment | No. of valid votes cast in favour of ABC | Total of valid votes | No. of rejected votes | Total No. of tendered votes | | (1) | | | | | | (2) | | | | | | (3) | | | | | | etc. | | | | | | TOTAL | | | | | | GRAND TOTAL | | | | | Place \_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_ Returning Officer. FORM 20 (See rule 59) Final Result Sheet (To be used for recording the result of voting at notified polling stations) Election to the\*\_\_\_\_\_\_\_\_\_ from the\_\_\_\_\_\_\_\_\_ constituency. | | | | | | --- | --- | --- | --- | | Polling Station | Number of the ballot papers found in the ballot box of | Total for polling station | Number of tendered votes | | S. No. | A | B | C | D | | | | Valid | Rejected | Valid | Rejected | Valid | Rejected | Valid | Rejected | Valid | Rejected | Total | | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Total | | | | | | | | | | | | | | Number of valid votes polled by | | | | | | | | --- | --- | --- | --- | --- | --- | | | A | B | C | D | Total | | Recorded at polling stations | | | | | | | Recorded on postal ballot papers | | | | | | | Total votes polled | | | | | | Place \_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_Returning Officer. \* Appropriate particulars of the election to be inserted here. [FORM 20A] [Inserted by Notifn No. S.O. 958(E) , dated the 17th November, 1989.] [See rule 56B (7) ] Final Result Sheet (To be used for recording the result of voting at polling stations in constituencies specified under Rule 59A) Election to the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_from the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ constituency. | | | | | --- | --- | --- | | Polling Station No. | Total votes found in the ballot box(es) | No. of tendered votes | | (1) | | | | (2) | | | | (3) | | | | ................... | | | | ................... | | | | ................... | | | | TOTAL | | | | | | | | | | --- | --- | --- | --- | --- | | 1. Total number of valid votes recorded for candidates and of rejected ballot papers | Candidate's valid votes | Valid votes Total | Number of rejected ballot papers | Valid and rejected votes Total | | | | | A | B | C | D | | | | | 1st round........... | | | | | | | | | 2nd round........... | | | | | | | | | 3rd round........... | | | | | | | | | 4th round........... | | | | | | | | | 5th round........... | | | | | | | | | ...................etc. | | | | | | | | | TOTAL | | | | | | | | ### 2. Total number of valid votes recorded on postal ballot papers for candidates and of rejected postal ballot papers | | | --- | | GRAND TOTAL | | Place............... Date................ | | | Returning Officer | | | | | | | | --- | --- | --- | --- | --- | | Name of assembly constituency | Candidates's valid votes | Valid votes Total | Number of rejected ballot papers | Valid and rejected votes Total | | A | B | C | D | | I. | 1. | | | | | | | | | 2. | | | | | | | | | 3. | | | | | | | | | etc. | | | | | | | | | Total | | | | | | | | | II. Total number of validvotes recorded on postalballot papers for candidatesand of rejected postal ballotpapers | | GRAND TOTAL | Place\_\_\_\_\_\_\_\_\_ Date\_\_\_\_\_\_\_\_\_\_Returning Officer.] [FORM 21] [Inserted by Notifn. No. S.O. 4542, dated the 20th December, 1968 (w.e.f. 1-1-1969).] (See rule 11(1) ] (For use in General Election when seat is uncontested) [Declaration Of The Result Of Election Under Sub-Section (2) ] [Score out, if inappropriate.] [/sub-Section (3) ] [Score out, if inappropriate.] Of Section 53 Of The Representation Of The People Act, 1951. [Election to the\_\_\_\_\_\_\_\_\_] [Here insert one of the following alternatives as may be appropriate :-] [In pursuance of the provisions contained in sub-section (2) ] [Score out, if inappropriate.] [/sub-section (3) ] [Score out, if inappropriate.] of section 53 of the Representation of the People Act, 1951, read with sub-rule (1) of rule 11 of the Conduct of Elections Rules, 1961, I declare that - \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Name) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Address)[sponsored by \_\_\_\_\_\_\_\_\_(name of the recognised/registered political party)] [Inserted by Notifn. No. S.O. 565(E) , dated the 4th August, 1984.] has been duly elected to fill the seat in that House from the above constituency. Place \_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_ Signature \_\_\_\_\_\_\_\_ Returning Officer.] (1) House of the People from the\_\_\_\_\_\_\_\_\_ Parliamentary constituency in the State/Union territory of\_\_\_\_\_\_\_\_\_ (2) Legislative Assembly of the State/Union territory of\_\_\_\_\_\_\_\_\_ from the\_\_\_\_\_\_\_\_\_ Assembly constituency. (3) Metropolitan Council of the Union territory of Delhi from the\_\_\_\_\_\_\_\_\_ Metropolitan Council constituency. FORM 21A [See rule 11(1) ] (For use in General Election when seat is uncontested) Declaration Of The Result Of Election Under Sub-Section (2) \*/sub-Section (3)\* Of Section 53 Of The Representation Of The People Act, 1951. [Election to the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_] [Here insert one of the following alternatives as may be appropriate :-] In pursuance of the provisions contained in sub-section (2) \*/sub-section (3)\* of section 53 of the Representation of the People Act, 1951, read with sub-rule (1) of rule 11 of the Conduct of Elections Rules, 1961,1 declare that - \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Name) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Address) [sponsored by\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (name of the recognised/registered political party)] [Inserted by Notifn. No. S.O. 565(E) , dated the 4th August 1984.] \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Name) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Address)[Sponsored by \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(name of the recognised/registered political party)] [Inserted by Notifn. No. S.O. 565(E) , dated the 4th August 1984.] [has been/have been duly elected to fill the seat(s) in that House of\_\_\_\_\_\_\_\_\_ ] [Fill up the number of members retiring.] \_\_\_\_\_\_\_\_\_ member(s) retiring on\_\_\_\_\_\_\_\_\_ (date, month and year) on the expiration of their term of office. Place \_\_\_\_\_\_\_\_ Signature \_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_Returning Officer. \* Score out, if inappropriate. (1) Council of States by the elected members of the Legislative Assembly of\_\_\_\_\_\_\_\_\_ (State). (2) Council of States by the members of the electoral college of\_\_\_\_\_\_\_\_\_ (Union territory). (3) Legislative Council of\_\_\_\_\_\_\_\_\_\_\_\_ (State) by the members of the Legislative Assembly. (4) Legislative Council of\_\_\_\_\_\_\_\_\_\_\_\_ (State) from the \_\_\_\_\_\_\_\_\_ (Local Authorities'/Graduates'/Teachers') constituency. FORM 21B [See rule 11(1) ] (For use in Election to fill a casual vacancy when seat is uncontested) [Declaration of The Result of Election Under Sub-Section (2) ] [Score out, if inappropriate.] [/sub-Section (3) ] [Score out, if inappropriate.] of Section 53 of The Representation of The People Act, 1951. [Election to the] [Here insert one of the following alternatives as may be appropriate :-] \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ In pursuance of the provisions contained in sub-section (2) \*/sub-section (3)\* of section 53 of the Representation of the People Act, 1951, read with sub-rule (1) of rule 11 of the Conduct of Elections Rules, 1961, I declare that - \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Name) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Address)[sponsored by \_\_\_\_\_\_\_\_\_\_\_\_(name of the recognised/ registered political party)] [Inserted by Notifn. No. S.O. 565(E) , dated the 4th August, 1984.] has been/have been duly elected to fill the vacancy caused in that House by the- \*resignation of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \*death of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \*election of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ having been declared void. \*seat of\_\_\_\_\_\_\_\_\_\_\_\_ \*having become over \*having been declared vacant. Place \_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_ Signature \_\_\_\_\_\_ Returning Officer. (1) House of the People from the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Parliamentary constituency in the State/Union territory of\_\_\_\_\_\_\_\_\_\_\_\_ (2) Legislative Assembly of the State/Union territory of\_\_\_\_\_\_\_\_\_\_\_\_ from the\_\_\_\_\_\_\_\_\_ Assembly constituency. (3) Metropolitan Council of Delhi from the\_\_\_\_\_\_\_\_\_ Metropolitan Council constituency. (4) Council of States by the elected members of the Legislative Assembly\_\_\_\_\_\_\_\_\_ (State). (5) Council of States by the members of the electoral college of\_\_\_\_\_\_\_\_\_\_\_\_ (Union territory). (6) Legislative Council of\_\_\_\_\_\_\_\_\_\_\_\_ (State) by the members of the Legislative Assembly. (7) Legislative Council of\_\_\_\_\_\_\_\_\_\_\_\_ (State) from the\_\_\_\_\_\_\_\_\_ (Local Authorities'/Graduates'/Teachers') constituency. FORM 21C (See rule 64) (For use in General Election when seat is contested) Declaration of the Result of Election Under Section 66 of the representation of the People Act, 1951. [Election to the House of the People from the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Parliamentary constituency in\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (State/Union territory).] [Score out, if inappropriate.] [Election to the Legislative Assembly of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(State/Union territory) from \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Assembly constituency.] [Score out, if inappropriate.] [Election to the Metropolitan Council of Delhi from\_\_\_\_\_\_\_\_\_ Metropolitan Council constituency.] [Score out, if inappropriate.] In pursuance of the provisions contained in section 66 of the Representation of the People Act, 1951, read with rule 64 of the Conduct of Elections Rules, 1961, I declare that- \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Name) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Address) [sponsored by\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (name of the recognised/registered political party)] [Inserted by Notifn. No. S.O. 565(E) , dated the 4th August, 1984.] has been duly elected to fill the seat in that House from the above constituency. Place \_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_ Signature \_\_\_\_\_\_\_ Returning Officer. FORM 21D (See rule 64) (For use in Election to fill a casual vacancy when seat is contested) Declaration of the Result Of Election Under Section 66 of the representation of the People Act, 1951. [Election to the House of the People from the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Parliamentary constituency in\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (State/Union territory).] [Score out, if inappropriate.] [Election to the Legislative Assembly of\_\_\_\_\_\_\_\_\_\_\_\_ (State/Union territory) from\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Assembly constituency.] [Score out, if inappropriate.] [Election to the Metropolitan Council of Delhi from\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Metropolitan Council constituency.] [Score out, if inappropriate.] In pursuance of the provisions contained in section 66 of the Representation of the People Act, 1951, read with rule 64 of the Conduct of Elections Rules, 1961,1 declare that - \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Name) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Address) [Sponsored by\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (name of the recognised/registered political party)] [Inserted by Notifn. No. S.O. 565(E) , dated the 4th August, 1984.] has been duly elected to fill the vacancy caused in that House by the [resignation of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_] [Score out, if inappropriate.] [death of] [Score out, if inappropriate.] \_\_\_\_\_\_\_\_\_\_\_\_ [election] [Score out, if inappropriate.] \_\_\_\_\_\_\_\_\_\_\_ having been declared void, [seat of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ having become/having been declared vacant.] [Score out, if inappropriate.] Place \_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_ Signature \_\_\_\_\_\_\_ Returning Officer. \* Score out, if inappropriate. [FORM 21E] [Renumbered by Notifn. No. S.O. 4542, dated the 20th December, 1968 (w.e.f. 1-1-1969).] (See rule 64) Return Of Election Election to the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ from the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ constituency | | | | | | --- | --- | --- | --- | | [Serial No. [Substituted by Notifn. No. S.O. 565(E) , dated 4th August 1984.] | Name of candidate | Party affiliation | Number of votes polled] | [Total number of electors.........................................................] [Inserted by Notifn. No. S.O. 565(E) , dated 4th August 1984.] Total number of valid votes polled......................................... Total number of rejected votes............................................... Total number of tendered votes.............................................. I declare that- ...................................................................................................................................(Name) of ....................................................................(Address) has been duly elected to fill the seat. Place............. Date.............. Returning Officer. FORM 22 (See rule 66) Certificate of Election I, Returning Officer for the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Parliamentary/Assembly constituency in the State of\_\_\_\_\_\_\_\_\_\_\_\_ hereby certify that I have on the day of\_\_\_\_\_\_\_\_\_ 20\_\_\_\_\_\_\_\_\_ declared Shri\_\_\_\_\_\_\_\_\_\_\_\_\_ of\_\_\_\_\_\_\_\_\_\_\_\_ [sponsored by\_\_\_\_\_\_\_\_\_ (name of the recognised/registered political party)] [Inserted by Notifn. No. S.O. 961(E) , dated the 29th December, 1986.] to have been duly elected by the said constituency [in the General Election/Bye-election] [Inserted by Notifn. No. S. O. 565(E) , dated the 4th August, 1984.] to be a member of the House of the People/Legislative Assembly and that in token thereof I have granted to him this certificate of election. Place \_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_ Returning Officer, for the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Parliamentary Assembly constituency. SEAL [FORM 22A] [Inserted by Notifn. No. S. O. 272(E) , dated the 27th Februrary, 2004 (w.e.f. 27-2-2004).] [See rule 39-AA(2) ] Appointment Letter Election of the...................... I....................\*President/General Secretary of.............Party do hereby appoint the following persons as the authorised agents of the Party to verify under rule \*39-AA/rule 42/rule 42-A/rule 84 as to whom the electors who are the members of the said political party have cast their votes. Photographs of the aforesaid authorised agents are pasted hereunder and is attested under my hand and seal. Name of the authorised agentsAddress of the authorised agents ### 1. ........... ### 2. ........... Signature of\*President General Secretary of the Party (Seal) We agree to act as such authorised agentsSignature of the authorised agents ### 1. .............. ### 2. .............. [FORM 23] [Inserted by Notifn. No. S. O. 4542, dated the 20th December, 1968 (w.e.f. 1-1-1969).] [See rule 84(1) (a)] (For use in Biennial Election when seat is contested) Declaration of the Result of Election Under Section 66 of the Representation of the People Act, 1951. [Election to the] [Here insert one of the following alternatives as may be appropriate :-] \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ In pursuance of the provisions contained in section 66 of the Representation of the People Act, 1951, read with clause (a) of sub-rule (1) of rule 84 of the Conduct of Elections Rules, 1961, I declare that - \_\_\_\_\_\_\_\_\_ (Name) \_\_\_\_\_\_\_\_\_ (Address)[sponsored by\_\_\_\_\_\_\_\_\_ (name of the recognised/registered political party)] [Inserted by Notifn. No. S. O. 565, dated the 4th August, 1984.] \_\_\_\_\_\_\_\_\_ (Name) \_\_\_\_\_\_\_\_\_ (Address)[sponsored by\_\_\_\_\_\_\_\_\_ (name of the recognised/registered political party)] [Inserted by Notifn. No. S. O. 565, dated the 4th August, 1984.] [has been/] [Score out, if inappropriate.] [have been, duly elected to fill the seat(s) in that House of a] [Score out, if inappropriate.] \_\_\_\_\_\_\_\_\_ [member(s) retiring on\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (date, month and year) on the expiration of their term of office.] [Fill up the number of members retiring.] Place \_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_ Signature \_\_\_\_\_\_\_\_\_ Returning Officer.] (1) Council of States by the elected members of the Legislative Assembly of\_\_\_\_\_\_\_\_\_\_\_\_ (State). (2) Council of States by the members of the electoral college of\_\_\_\_\_\_\_\_\_\_\_\_ (Union territory). (3) Legislative Council of\_\_\_\_\_\_\_\_\_\_\_\_ (State) by the members of the Legislative Assembly. (4) Legislative Council of\_\_\_\_\_\_\_\_\_\_\_\_ (State) from the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Local Authorities'/Graduates'/Teachers') constituency. (Statutory Rules and Order) FORM 23A [See rule 84(l) (a)] (For use in Election to fill a casual vacancy when seat is contested) Declaration Of The Result Of Election Under Section 66 Of The Representation Of The People Act, 1951 Election to the# \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ In pursuance of the provisions contained in section 66 of the Representation of the People Act, 1951, read with clause (a) of sub-rule (1) of rule 84 of the Conduct of Elections Rules, 1961, I declare that - \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Name) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Address)[sponsored by (name of the recognised/registered political party)] [Inserted by Notifn. No. S.O. 565(E) , dated the 4th August, 1984.] [has been duly elected to fill the vacancy caused in that House by the] [Score out, if inappropriate.] resignation of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ [death of] [Score out, if inappropriate.] \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ [election of] [Score out, if inappropriate.] \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_having been declared void, [seat of] [Score out, if inappropriate.] \_\_\_\_\_\_\_\_\_\_\_\_ [having become over] [Score out, if inappropriate.] / [having been declared vacant.] [Score out, if inappropriate.] Place \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature \_\_\_\_\_\_\_\_\_\_ Returning Officer. # Here insert one of the following alternatives as may be appropriate :- (1) Council of States by the elected members of the Legislative Assembly of\_\_\_\_\_\_\_\_\_ (State). (2) Council of States by the members of the electoral college of\_\_\_\_\_\_\_\_\_\_\_\_ (Union territory). (3) Legislative Council of \_\_\_\_\_\_\_\_\_\_\_\_ (State) by the members of the Legislative Assembly. (4) Legislative Council of \_\_\_\_\_\_\_\_\_\_\_\_ (State) from the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Local Authorities'/Graduates'/Teachers') constituency. \* Score out, if inappropriate.] Conduct of Elections Rules, 1961 (Statutory Rules and Order) [FORM 23B] [Renumbered by Notifn. No. S.O. 4542, dated the 20th December, 1968 (w.e.f. 1-1-1969).] [See rule 84(1) (b)] [Substituted by Notifn. No. S.O. 4542, dated 20th December 1968.] Return of Election Election to the Council of States Election to the Legislative Council by Members of Assembly/............constituency. The result of the poll and of the transfer of votes is as follows:- Number of valid votes................................... Number of members to be elected........................ Quota (number of votes sufficient to secure the election of a candidate)......... | | | | | | | | --- | --- | --- | --- | --- | --- | | Names of candidates | First Count | Second Count | Third Count | Fourth Count | Name of elected candidates and order of election | | Votes polled by each candidate | Transfer Result of | Transfer Result of | Transfer Result of | | Non-transferable papers | | | | | | | Loss due to fractions | | | | | | | Total | | | | | | I declare that - (1) (Name) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Address) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ [Sponsored by \_\_\_\_\_\_\_\_\_\_\_\_\_ (name of the recognised/registered political party)] [Inserted by Notifn. No. S.O. 961(E) , dated the 29th December, 1986.] (2) (Name) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Address) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_etc\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ has/have been duly elected. (Signature) Returning Officer. Dated the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_20. FORM 24 (See rule 85) Certificate of Election I, Returning Officer for the election to the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Council of States/Legislative Council by the elected members of the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Legislative Assembly\_\_\_\_\_\_\_\_\_ Local Authorities'/Graduates'/Teachers' constituency/members of the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Legislative Assembly hereby certify that I have on the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_ 19\_\_\_\_\_\_\_\_\_ declared Shri\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ [sponsored by\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (name of the recognised/registered political party)] [Inserted by Notifn. No. S. O. 961(E) , dated the 29th December, 1986.] to have been duly elected to be a member of the Council of States/Legislative Council and that in token thereof I have granted to him this certificate of election. Place\_\_\_\_\_\_\_\_ Date\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_ Returning Officer, for the election to the Council of States/ Legislative Council. SEAL [FORM 24A] [Inserted by Notifn. No. S.O. 1283(E) , dated the 10th November, 2003.] (See rule 85B) This form should be filed with the Election Commission before the due date for furnishing a return of the Political Party's income of the concerned financial year under section 139 of the Income-tax Act, 1961 ( [43 of 1961 ) and a certificate to this effect should be attached with the Income-tax return to claim exemption under the Income-tax Act, 1961 ( 43 of 1961 ).] ### 1. Name of Political Party : ### 2. Status of the Political Party : (recognised/unrecognised) ### 3. Address of the headquarters of the Political Party : ### 4. Date of registration of Political Party with Election Commission : ### 5. Permanent Account Number (PAN) and Income-tax Ward/Circle where return of the political party is filed :\_\_\_\_\_\_\_\_\_ ### 6. Details of the contributions received, in excess of rupees twenty thousand, during the Financial Year: 20\_\_\_\_\_\_\_\_-20\_\_\_\_ | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Name and complete address of the contributing person/company | PAN (if any) and Income-Tax Ward/Circle | Amount of contribution (Rs.) | Mode of contribution \*(cheque/demand draft/cash) | Remarks | | | | | | | \*In case of payment by cheque/demand draft, indicate name of the bank and branch of the bank on which the cheque/demand draft has been drawn. ### 7. In case the contributor is a company, whether the conditions laid down under section 293A of the Companies Act, 1956 ( 1 of 1956 ) have been complied with (A copy of the certificate to this obtained from the company should be attached). Verification I \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (full name in Block letters), son/daughter of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ solemnly declare that to the best of my knowledge and belief, the information given in this Form is correct, complete and truly stated. I further declare that I am verifying this form in my capacity as \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on behalf of the Political Party above named and I am also competent to do so. (Signature and name of the Treasurer/Authorised person) Date: \_\_\_\_\_\_\_ Place: \_\_\_\_\_\_ [FORM 25] [Added by Notifn. No. S.O. 597(E) , dated the 27th February, 1962.] (See rule 94A) Affidavit I,\_\_\_\_\_\_\_\_\_\_\_\_, the petitioner in the accompanying election petition calling in question the election of Shri/Shrimati\_\_\_\_\_\_\_\_\_\_\_\_ (respondent No\_\_\_\_\_\_\_\_\_\_\_\_ in the said petition) make solemn affirmation/oath and say - (a) that the statements made in paragraphs\_\_\_\_\_\_ of the accompanying election petition about the commission of the corrupt practice of\*\_\_\_\_\_\_\_\_\_\_\_\_ and the particulars of such corrupt practice mentioned in paragraphs\_\_\_\_\_\_\_\_\_\_\_\_ of the same petition and in paragraphs\_\_\_\_\_\_\_\_\_\_\_\_ of the Schedule annexed thereto are true to my knowledge; (b) [that the statements made in paragraphs\_\_\_\_\_\_ of the said petition about the commission of the corrupt practice of] [Here specify the name of the corrupt practice.] \_\_\_\_\_\_ and the particulars of such corrupt practice given in paragraphs\_\_\_\_\_\_\_\_\_\_\_\_ of the said petition and in paragraphs\_\_\_\_\_\_\_\_\_\_\_\_ of the Schedule annexed thereto are true to my information; (c) (d) etc. Signature of deponent. Solemnly affirmed/sworn by Shri/Shrimati\_\_\_\_\_\_ at\_\_\_\_\_\_ this\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_ 20 . Before me, Magistrate of the first class/ Notary/Commissioner of Oaths.] [FORM 26 ] [Inserted by Notifn. No. S.O. 935(E) , dated the 3rd September, 2002.] (See rule 4A) Affidavit To Be Furnished By The Candidate Before The Returning Officer For Election To\_\_\_\_\_\_\_\_\_\_\_\_ (Name Of The House) From\_\_\_\_\_\_\_\_\_\_\_\_ Constituency (Name Of The Constituency) I,\_\_\_\_\_\_\_\_\_\_\_\_ son/daughter/wife of\_\_\_\_\_\_\_\_\_\_\_\_ aged about\_\_\_\_\_\_\_\_\_\_\_\_ years, resident of\_\_\_\_\_\_\_\_\_\_\_\_ candidate at the above election, do hereby solemnly affirm/state on oath as under :- ### 1. I am/am not accused of any offence(s) punishable with imprisonment for two years or more in a pending case(s) in which a charge(s) has/have been framed by the court(s) of competent jurisdiction. If the deponent is accused of any such offence(s) he shall furnish the following information :- (i) Case/First information report No./Nos. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) Police station(s)\_\_\_\_\_\_\_\_\_\_\_\_ District(s)\_\_\_\_\_\_\_\_\_\_\_\_ State(s) \_\_\_\_\_\_\_\_\_\_\_ (iii) Section(s) of the concerned Act(s) and short description of the offence(s) for which the candidate has been charged \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (iv) Court(s) which framed the charge(s) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (v) Date(s) on which the charge(s) was/were framed \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (vi) Whether all or any of the proceeding(s) have been stayed by any court(s) of competent jurisdiction \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. I have been/have not been convicted of an offence(s) other than any offence(s) referred to in sub-section (1) or subsection (2), or covered in sub-section (3), of section 8 of the Representation of the People Act, 1951 ( [43 of 1951 )] and sentenced to imprisonment for one year or more. If the deponent is convicted and punished as aforesaid, he shall furnish the following information: (i) Case/First information report No./Nos \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (ii) Court(s) which punished \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (iii) Police station(s)\_\_\_\_\_\_\_\_ District(s)\_\_\_\_\_\_\_\_\_\_ State(s)\_\_\_\_\_\_\_\_\_\_ (iv) Section(s) of the concerned Act(s) and short description of the offence(s) for which the candidate has ever been charged \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (v) Date(s) on which the sentence(s) was/were pronounced (vi) Whether the sentence(s) has/have been stayed by any court(s) of competent jurisdiction \_\_\_\_\_\_\_\_\_\_\_\_ Place:............ Date:............. Signature of deponent Verification I, the above-named deponent, do hereby verify and declare that the contents of the affidavit are true and correct to the best of my knowledge and belief, no part of it is false and nothing material has been concealed therein. Verified at\_\_\_\_\_\_\_\_\_\_\_\_ this\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_ 20\_\_\_\_\_\_\_\_\_\_\_\_ Signature of deponent Note: The columns in this Form which are not applicable to the deponent may be struck off.] Schedule ---------- (See rule 83) [Illustration of the procedure as to the counting of votes at an election on the single transferable vote system when more than one seat is to be filled.] [Substituted by Notifn. No.S.O. 3662, dated the 12th October, 1964.] Assume that there are seven members to be elected, sixteen candidates, and one hundred and forty electors. The valid ballot papers are arranged in separate parcels according to the first preference recorded for each candidate, and the papers in each parcel counted. - Let it be assumed that the result is as follows :- A........................................ ### 12. B......................................... ### 8. C......................................... ### 6. D......................................... ### 9. E........................................ ### 10. F......................................... ### 7. G......................................... ### 4. H........................................ ### 19. I........................................ ### 13. J......................................... ### 5. K........................................ ### 14. L......................................... ### 8. M........................................ ### 10. N......................................... ### 6. O......................................... ### 4. P......................................... ### 5. Total 140 Each valid ballot paper is deemed to be of the value of one hundred and the values of the votes obtained by the respective candidates are as shown in the first column of the result sheet. The values of all papers are added together and the total 14,000 is divided by eight (i.e. the number which exceeds by one the number of vacancies to be filled) and 1,751 (i.e. quotient 1,750 increased by one) is the number sufficient to secure the return of a member and is called the quota. The operation may be shown thus :- Quota x 14,000 +1−1,750+1=1,751 ### 8. The candidate H, the value of whose votes exceeds the quota, is declared elected. As the value of the papers in H's parcel exceeds the quota, his surplus must be transferred. His surplus is 149, i.e., 1,900 less 1,751. The surplus arises from original votes, and therefore, the whole, of H's papers are divided into sub-parcels according to the next preferences recorded thereon, a separate parcel of the exhausted papers being also made. Let it be assumed that the result is as follows :- | | | | --- | --- | | | Papers | | B is marked as next available preference on | 7 | | D is marked as next available preference in | 4 | | E is marked as next available preference on | 4 | | F is marked as next available preference on | 3 | | Total of unexhausted papers | 18 | | No. of exhausted papers | 1 | | Total papers | 19 | | | | | --- | --- | | B | 700 | | D | 400 | | E | 400 | | F | 300 | | Total values of unexhausted papers | 1, 800 | | Value of exhausted papers | 100 | | Total Value | 1, 900 | The value of the unexhausted papers is 1,800 and is greater than the surplus. This surplus is, therefore, transferred as follows :- All the unexhausted papers are transferred, but at a reduced value, which is ascertained by dividing the surplus by the number of unexhausted papers. The reduced value of all the papers, when added together, with the addition of any value lost as the result of the neglect of fractions, equals the surplus. In this case the new value of each paper transferred is ### 149. (the surplus) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 18. (the number of unexhausted papers) the residue of the value of each paper (100-8=92), being required by H for the purpose of constituting his quota, i.e., one exhausted paper value (100) plus the value (1,656) of 18 unexhausted papers. These values of the sub-parcels transferred are :- B=56 (i.e., seven papers at the value of 8); D=32 (i.e., four papers at the value of 8); E=32 (i.e., four papers at the value of 8); F=24 (i.e., three papers at the value of 8). These operation can be shown on a transfer sheet as follows : Transfer Sheet | | | | --- | --- | | Value of surplus (H's) to be transferred | 149 | | Number of papers in H's parcel | 19 | | Value of each paper in parcel | 100 | | Number of unexhausted papers | 18 | | Value of unexhausted papers | 1, 800 | | New value of each paper transferred | Surplus ### 149. \_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_ number of unexhausted papers ### 188. | | | | | --- | --- | --- | | Names of candidates marked as the next available preference | Number of papers to be transferred | Value of subparcels to be transferred | | B | 7 | 56 | | D | 4 | 32 | | E | 4 | 32 | | F | 3 | 24 | | TOTAL | 18 | 144 | | Number of exhausted papers | 1 | --- | | Loss of value owing to neglect of fractions | -- | 5 | | TOTAL | 19 | 149 | The values of the sub-parcels are added to the values of the votes already credited to the candidates B,D,E and F. This operation is shown on the result sheet. There being no further surplus the candidate lowest on the poll has now to be excluded. G and O both have 400. The returning officer casts lots and G is chosen to be excluded. Being original votes, G's papers are transferred at the value of 100 each. A who was marked as next preference on two papers receives 200, while D and E were each next preference on one paper and receiving 100 each. O now being lowest is next excluded and his 400 is similarly transferred to I, B and K, I receiving 200 and B and K 100 each. This leaves J and P lowest with 500 each and J is chosen by lot for exclusion first. His papers are transferred at the value of 100 each to A, B, D and I, the three first named receiving 100 each, and I who had the next preference on two papers receiving 200. P is then excluded and his papers are transferred to E, L and K, the two first named receiving 100 each, and K, who had the next preference on three papers, receiving 300. Know exceeds the quota and is declared elected. Prior to further exclusion, K's surplus of 49 has to be distributed. The sub-parcel last transferred to K consisted of 3 votes transferred at the value of 100 each. This sub-parcel is examined; there are no exhausted papers and B, F, and I are each next preference on one paper and one paper is transferred to each of them at a reduced value determined by dividing the surplus (49) by the number of unexhausted papers (3), B, F and I accordingly receive 16 each. The process of exclusion is now proceeded with. C and N have 600 each, and C is chosen by lot for exclusion first. He has 6 original votes; B, D and E are each next preference on two papers, and each receives 200. N is then excluded, A is next preference on 3 of his papers, and receives 300; F, I and L are each next preference on one paper and receive 100 each. This brings A and I above the quota and they are declared elected. Their surplus have now to be distributed and I's surplus which is the larger, 65, is dealt with first. The last sub-parcel transferred to I consisted of one paper transferred at the value of 100, D is next preference on this paper, and receives the whole surplus of 65. As surplus of 49 is then dealt with. The last sub-parcel transferred to him consisted of 3 papers transferred at the value of 100 each. B was next preference two of these papers and E on one, and the papers are transferred accordingly. The value to be transferred is 16 per paper, i.e., the surplus (49) , divided by the number of the unexhausted (3). B accordingly receives 32 and E 16. No other candidate having reached the quota, the process of exclusions is proceeded with, and F who is now lowest with 840, is excluded. His seven original votes are transferred first B, D and E are next preference on three, two and two papers, respectively, and receive respectively 300,200 and 200. The transferred votes are next transferred in the order of their transfers to F. The 3 votes received at the value of eight each at the distribution of H's surplus are transferred at the same value to L who was next preference on all 3 papers. The vote valued at sixteen received by F at the distribution of K's surplus, goes at the same value to M, who was next preference on that paper. The vote transferred at the value of 100 on the exclusion of N is then transferred at the same value to D, who thus received a total of 300. No continuing candidate having reached the surplus, N, who is now lowest with 1016 is excluded. His ten original votes are transferred first. B and D are first preference on three papers each and E and L on two each. B and D accordingly receive 300 each, and E and L 200 each. This brings B, D and E above the quota and they are declared elected. The requisite number of candidates having now been elected, the election is at an end, and it is unnecessary to proceed to the transfer of M's transferred votes. Full details are shown in the result sheet. | | | | | --- | --- | --- | | Value of votes: 14,000 | RESULT SHEET | Quota=14,000+1= 1,751 8 | | Name of Candidates | Value of Votes at First Count | Distribution of H.S. surplus | Result | Distribution of Votes of G and O | Result | Distribution of votes of J and P | Result | Distribution of K's surplus | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | | A........... | 1,200 | \_\_ | 1,200 | +200 | 1,400 | +100 | 1,500 | \_\_ | | B........... | 800 | +56 | 856 | +100 | 956 | +100 | 1,056 | +16 | | C........... | 600 | \_\_ | 600 | \_\_ | 600 | \_\_ | 600 | \_\_ | | D........... | 900 | +32 | 932 | +100 | 1,032 | +100 | 1,132 | \_\_ | | E........... | 1,000 | +32 | 1,032 | +100 | 1,132 | +100 | 1,232 | \_\_ | | F........... | 700 | +24 | 724 | \_\_ | 724 | \_\_ | 724 | +16 | | G.......... | 400 | \_\_ | 400 | -400 | \_\_ | \_\_ | \_\_ | \_\_ | | H......... | 1,900 | -149 | 1,751 | \_\_ | 17,751 | \_\_ | 1,751 | \_\_ | | I........... | 1,300 | \_\_ | 1,300 | +200 | 1,500 | +200 | 1,700 | +16 | | J........... | 500 | \_\_ | 500 | \_\_ | -500 | 500 | \_\_ | \_\_ | | K.......... | 1,400 | \_\_ | 1,400 | +100 | 1,500 | +300 | 1,800 | -49 | | L.......... | 800 | \_\_ | 800 | \_\_ | 800 | +100 | 900 | \_\_ | | M......... | 1,000 | \_\_ | 1,000 | \_\_ | 1,000 | \_\_ | 1,000 | \_\_ | | N.......... | 600 | \_\_ | 600 | \_\_ | 600 | \_\_ | 600 | \_\_ | | O......... | 400 | \_\_ | 400 | -400 | \_\_ | \_\_ | \_\_ | \_\_ | | P.......... | 500 | \_\_ | 500,\_\_ | \_\_ | -500 | 500 | \_\_ , | | | Loss of value by neglect of fraction | \_\_ | +5 | 5 | \_\_ | 5 | \_\_ | 5 | +1 | | Total | 14,000 | \_\_ | 14,000 | \_\_ | 14,000 | \_\_ | 14,000 | \_\_ | | | | | --- | --- | | Value of votes: 14, 000 | Quota=14,000+1= 1,751 8 | | Result | Distribution of votes of C and N | Result | Distribution of surplus of I and A | Result | Distribution of F's votes | Result | Distribution of M's votes | Result | Result of Election | | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | | 1,500 | +300 | 1,800 | +49 | 1,751 | \_\_ | 1,751 | \_\_ | 1,751 | Elected | | 1,072 | +200 | 1,272 | +32 | 1,304 | +300 | 1,604 | +300 | 1,904 | Elected | | 600 | -600 | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | Not Elected | | 1,132 | +200 | 1,332 | +65 | 1,397 | +300 | 1,697 | +300 | 1,997 | Elected | | 1,232 | +200 | 1,432 | +16 | 1,448 | +200 | 1,648 | +200 | 1,848 | Elected | | 740 | +100 | 840 | \_\_ | 840 | -840 | \_\_ | \_\_ | \_\_ | Not Elected | | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | Not Elected | | 1,751 | \_\_ | 1,751 | \_\_ | 1,751 | \_\_ | 1,751 | \_\_ | 1,751 | Elected | | 1,716 | +100 | 1,816 | -65 | 1,751 | \_\_ | 1,751 | \_\_ | 1,751 | Elected | | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | Not Elected | | 1,751 | \_\_ | 1,751 | \_\_ | 1,751 | \_\_ | 1,751 | \_\_ | 1,751 | Elected | | 900 | +100 | 1,000 | \_\_ | 1,000 | +24 | 1,024 | +200 | 1,224 | Not Elected | | +1000 | \_\_ | +1000 | \_\_ | +1000 | +16 | 1,016 | +1000 | +16 | Not Elected | | 600 | -600 | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | Not Elected | | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | Not Elected | | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | \_\_ | Not Elected | | 6 | \_\_ | 6 | +1 | 7 | \_\_ | 7 | \_\_ | 7 | | | 14,000 | \_\_ | 14,000 | \_\_ | 14,000 | \_\_ | 14,000 | \_\_ | 14,000 | \_\_ |

65b9a06cab84c7eca86e97d2

acts

State of Haryana - Act ------------------------ The Punjab Primary Education Act, 1960 ---------------------------------------- HARYANA India The Punjab Primary Education Act, 1960 ======================================== Act 39 of 1960 ---------------- * Published on 7 December 1960 * Commenced on 7 December 1960 The Punjab Primary Education Act, 1960 Punjab Act No. 39 of 1960 Statement of Objects and reasons. - There is at present no adequate and satisfactory law for the enforcement of compulsory primary education in the State of Punjab. The existing Acts, namely, the Punjab Primary Education Act, 1919, the Punjab Primary Education Act, 1940, the Patiala Primary Education Act, 1983 Bk. and the Pepsu Compulsory Primary Education Act, 1954, are no longer found suitable to meet the changed conditions. It is, therefore, proposed to repeal them and introduce a new and suitable legislation for the enforcement of compulsory primary education in the Punjab. This Bill is designed to serve the purpose in view. (Punjab Government Gazette Extraordinary, dated the 24th October, 1060). Received the assent of the Governor of Punjab on the 7th December, 1960 and first published for general information in the Punjab Government Gazette (Extraordinary) , Legislative Supplement, of the 9th December, 1960. An Act to provide for free and compulsory primary education for children in the State of [Haryana]. Be it enacted by the Legislature of the State of Punjab in the Eleventh Year of the Republic of India as follows :- ### 1. Short title, extent and commencement. (1) This Act may be called the Punjab Primary Education Act, 1960. (2) It extends to the whole of the State of [Haryana] [Adaptation of Laws Order 1968.] . (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. ### 2. Definitions. - In this Act, unless the context otherwise requires - (a) "academic year" means the year beginning on such date as the State Government may, by notification in the Official Gazette, specify in respect of any specified area or for approved schools generally or for any approved school or class of approved schools in particular; (b) "approved school" means any school in any specified area imparting primary education which - (i) is under the management of the State Government; or (ii) being under any other management, is recognised by the State Government as approved school for the purposes of this Act; (c) "attendance authority" means any person appointed to be an attendance authority under Section 4; (d) "to attend an approved school" means to be present for instruction at an approved school on so many days in a year and at such time or times on each one of those days as may be fixed by the prescribed authority; (e) "child" means a boy or girl within such age group not being less than six or more than fourteen, as the State Government may, in each case, specify for the purposes of this Act, either generally or with respect to any specified area; (f) "parent" in relation to any child, includes a guardian and every person who has the actual custody of the child; (g) "Prescribed" means prescribed by rules made under this Act; (h) "Primary education" means education up to such class or standard not beyond the eighth class or standard as may be prescribed; (i) "Special school" means any institution which imparts such primary education as is in the opinion of the State Government suitable for children suffering from any physical or mental defect; (j) "Specified area" means any area in which primary education is declared by the State Government to be compulsory under Section 3; (k) "State Government" means the Government of the State of [Haryana] [Adaptation of Laws Order 1968.] . ### 3. Primary education to be compulsory in specified area. (1) The State Government may, by order, direct that with effect from the first day of the next academic year primary education for children of either sex or both sexes, within such age-groups as may be specified in the order shall be compulsory in any area which may be so specified. (2) Every order under sub-section (1) shall - (a) be published in the Official Gazette and in such manner as the State Government may decide; (b) be so made as to ensure that there is an interval of not less than one hundred and twenty days or such other interval as the State Government may by notification direct between the date of the publication of the order in the Official Gazette and the first day of the next academic year. (3) No order shall be made under sub-section (1) in respect of any area unless the State Government is satisfied that such steps as may be prescribed have been taken in that area to provide the necessary facilities for imparting compulsory primary education to all children to whom the order is intended to apply. ### 4. Attendance authorities and their powers and duties. (1) The State Government may appoint as many persons as it thinks fit to be attendance authorities for the purposes of this Act, and may also appoint as many persons as it considers necessary to assist the attendance authorities in the discharge of their duties. (2) It shall be the duty of the attendance authority to cause to be prepared as early as possible after the publication of an order under Section 3 and in such manner as may be prescribed a list of children in any specified area. Such lists shall also be prepared annually in every specified area at such time and in such manner as may be prescribed. (3) In the exercise of any of the powers conferred by or under this Act, the attendance authority or any person appointed to assist the attendance authority may put such questions to any parent, or require any parent to furnish such information, about his child, as it or he considers necessary and every such parent shall be bound to answer such questions or to furnish such information, as the case may be, to the best of his knowledge or belief. (4) It shall be the duty of the attendance authority to notify the parent of every child to whom the order under Section 3 applies that he is under an obligation to cause the child to attend an approved school with effect from the beginning of the next academic year. ### 5. Responsibility of parent to cause his child to attend school. - It shall be the duty of the parent of every child to cause the child to attend an approved school unless there be a reasonable excuse for his non-attendance within the meaning of Section 6. ### 6. Reasonable excuse for non-attendance. - For the purposes of this Act, any of the following circumstances shall be deemed to be a reasonable excuse for the non-attendance of a child at an approved school - (a) that there is no approved school within the prescribed distance from his residence; (b) that the child is receiving instruction in some other manner which is declared to be satisfactory by the State Government or by an officer authority by it in this behalf; (c) that the child has already completed primary education; (d) that the child suffers from a physical or mental defect which prevents him from attendance; (e) that there is any other compelling circumstance which prevents the child from attending school, provided the same is certified as such by the attendance authority; (f) such other circumstance as may be prescribed. ### 7. Special schools for physically or mentally deficient children. - If there is in existence a special school within the prescribed distance from the residence of a child who is suffering from a physical or mental defect, the attendance authority may, if it is satisfied that the child is not receiving any instruction in some other manner considered by it to be satisfactory, by order require the child to attend the special school; and it shall be the duty of the parent of such child to cause the child to attend the special school unless there be a reasonable excuse for the non-attendance of the child within the meaning of clause (d) of Section 6. ### 8. Special provision for part-time education in certain cases. (1) If the attendance authority is satisfied that a child, due to economic or other circumstances connected with the family to which the child belongs, is unable to attend an approved school in the manner required by or under this Act, it may, by order and subject to such conditions, if any, as it may, think fit to impose, permit the child to attend any approved school established as a part-time institution or in which primary education is imparted on a part-time basis. (2) Any parent who causes a child in respect of whom an order under sub-section (1) has been made to attend an approved school in the manner specified in the order shall be deemed to have complied with the provisions of this Act. ### 9. Attendance orders. (1) Whenever the attendance authority has reason to believe that the parent of a child has failed to cause the child to attend an approved school and that there is no reasonable excuse for the non-attendance of the child within the meaning of Section 6, it shall hold an inquiry in the prescribed manner. (2) If as a result of the inquiry the attendance authority is satisfied that the child is liable to attend an approved school and that there is no reasonable excuse for his non-attendance within the meaning of Section 6, it shall pass an attendance order in the prescribed form directing the parent to cause the child to attend the approved school, with effect from the date, specified in the order. (3) An attendance order passed against a parent in respect of his child under this section shall, subject to the provisions of sub-section (6), remain in force for so long as this Act continues to apply to the child. (4) If any parent against whom an attendance order has been passed in respect of his child under sub-section (2) transfers the custody of the child to another person during the period in which the attendance order is in force, such parent shall be bound to immediately inform the attendance authority in writing of such transfer. (5) Where an attendance order has been passed against a parent in respect of his child under this section, such order shall have effect in relation to every other person to whom the custody of the child may be transferred during the period in which the attendance order is in force as it has effect in relation to the person against whom it was passed. (6) A parent may at any time apply to the attendance authority for cancellation of an attendance order on the ground - (i) that he is no longer the parent in respect of the child; or (ii) that circumstances have arisen which provide a reasonable excuse for non-attendance; and thereupon the attendance authority may, after holding an inquiry in the prescribed manner, cancel, or modify the attendance order. ### 10. Children not to be employed so as to prevent them from attending school. - No person shall employ a child in a manner which shall prevent the child from attending an approved school. ### 11. Primary education to be free. (1) No fee shall be levied in respect of any child for attending an approved school which is under the management of the State Government. (2) Where, in respect of any child an attendance order has been passed under Section 9 and the only school which he can attend is an approved school falling within sub-clause (ii) of clause (b) of Section 2, the State Government shall take such steps as it may think fit for the purpose of ensuring that the primary education which the child is to receive is free. ### 12. Age of child how to be computed. - The age of a child for the purpose of this Act shall be computed in terms of years completed by the child on or before the first day of the academic year : Provided that where the birth-day of a child falls on a day not later than sixty days from the first day of the academic year, the birth-day shall be deemed to fall on the first day of the academic year. ### 13. Penalty for contravention of Section 9. (1) If any parent fails to comply with an attendance order passed under Section 9, he shall be punishable with fine not exceeding twenty-five rupees and, in the case of a continuing contravention with an additional fine not exceeding one rupee for every day during which such contravention continues after conviction for the first of such contraventions : Provided that the amount of fine payable by any person in respect of a child in any one year shall not exceed three hundred rupees. (2) If any person fails to furnish the information as required by sub-section (4) of Section 9, he shall be punishable with fine which may extend to twenty-five rupees. ### 14. Penalty for contravention of Section 10. - If any person contravenes the provisions of Section 10, he shall be punishable with fine which may extend to fifty rupees and, in the case of continuing contravention, with an additional fine not exceeding two rupees for every day during which such contravention continues after conviction for the first of such contraventions. ### 15. Courts competent to try offences. - The Courts competent to try offences under this Act shall be the following :- (a) the Gram Panchayat constituted or deemed to be constituted under the Punjab Gram Panchayat Act, 1952, if the person committing the offence resides in the area within the jurisdiction of the Gram Panchayat; (b) the magistrate, if the person committing the offence resides in any other area. ### 16. Procedure of Courts. (1) The Court of a Magistrate in trying any offence under this Act shall follow the procedure provided in Section 263 of Code of Criminal Procedure, 1898 (5 of 1898). (2) A Gram Panchayat trying any offence under this Act shall follow the procedure provided for the trial of criminal offence under the Punjab Gram Panchayat Act, 1952. ### 17. Cognizance of offences. - No Court shall take cognizance of an offence under this Act except on the complaint of an attendance authority or any other person authorised in this behalf by the State Government by general or special order. ### 18. Certain persons to be public servants. - The attendance authority, any person appointed to assist the attendance authority under sub-section (1) of Section 4 and any person authorised to make complaints shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code. ### 19. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against the Government or any authority or person in respect of anything which is in good faith done or intended to be done under this Act. ### 20. Power to exempt. - If the State Government is satisfied that it is necessary or expedient so to do in the public interest or that circumstances exist which render it necessary so to do, it may, by notification in the Official Gazette, exempt any class of persons or any community in any specified area from the operation of all or any of the provisions of this Act. ### 21. Delegation of powers. - The State Government may, by notification in the Official Gazette and subject to such conditions, if any, as may be specified in the notification, authorise any officer or authority subordinate to it to exercise all or any of the powers conferred on the State Government by this Act. ### 22. Power to make rules. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purpose 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 class or standard, education up to which shall be considered as primary education; (b) the steps to be taken for providing necessary facilities for imparting primary education before notifying any area to be a specified area; (c) the functions to be performed and the manner in which such functions may be performed; by attendance authority; (d) the manner in which and the time at which lists of children may be prepared in any specified area under sub-section (2) of Section 4; (e) the distance beyond which a child may not be compelled to attend an approved school; (f) the circumstances which may be regarded as reasonable excuses for the non-attendance of a child within the meaning of Section 6; (g) the manner in which any inquiry under this Act may be held; (h) the form in which an attendance order under sub-section (2) of Section 9 shall be passed; (i) the registers statements and other information to be maintained or furnished by approved schools for the purposes of this Act; (j) any other matter which has to be, or may be prescribed. (3) Every rule made under this section shall be laid as soon as may be after it is made before [the House of the State Legislature] [Adaptations of Laws Order, 1968.] while it is in session for a total period of ten days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it so laid or the session immediately following [the House agrees] [Adaptations of Laws Order, 1968.] in making any modification in the rule or [ 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.] [Adaptations of Laws Order, 1968.] ### 23. Repeal. - The Punjab Primary Education Act, 1919, the Punjab Primary Education Act, 1940, the Patiala Primary Education Act, 1983 Bk. and the Pepsu Compulsory Primary Education Act, 1954 shall be repealed, but notwithstanding such repeal any orders made, any notification issued, anything done, any action taken or any proceedings commenced in exercise of the powers conferred by or under the said Acts shall be deemed to have been made, issued, done taken or commenced in exercise of the powers conferred by or under this Act.

65b9aae1ab84c7eca86e993e

acts

UT Chandigarh - Act --------------------- The Punjab General Sales Tax (Second Amendment) and Validation Act, 2000 -------------------------------------------------------------------------- CHANDIGARH India The Punjab General Sales Tax (Second Amendment) and Validation Act, 2000 ========================================================================== Act 7 of 2000 --------------- * Published on 28 June 2000 * Commenced on 28 June 2000 The Punjab General Sales Tax (Second Amendment) and Validation Act, 2000 (Punjab Act No. 7 of 2000 ) [Dated 28.6.2000] G.S.R. 570(E) . - In exercise of the powers conferred by section 87 of the Punjab Re-organisation Act, 1966 (31 of 1966) the Central Government hereby extends to the Union Territory of Chandigarh, The Punjab General Sales Tax (Second Amendment and Validation) Act, 2000, (Punjab Act No. 7 of 2000 ) as in force in the State of Punjab on the date of this notification, subject to the following modifications, namely :- Modifications ### 1. Throughout the Act, for the words "State Government", wherever they occur, the word "Administrator" shall be substituted. ### 2. In Section 1,- (i) in sub-section (1) for the words, brackets and figures "the Punjab General Sales Tax (Second Amendment and Validation) Act, 2000", the words, brackets and figures "the Punjab General Sales Tax (Second Amendment and Validation) Act, 2000 as extended to the Union Territory of Chandigarh", shall be substituted; (ii) in sub-section (2), for clause (a), the following clause shall be substituted, namely :- "(a) It shall come into force at once."; (iii) in sub-section (2), in clause (b), sub-clauses (ii) and (iii) shall be omitted. ### 3. Sections 4 and 5 shall be omitted. Annexure Part I – Department of Legal and Legislative Affairs, Punjab -------------------------------------------------------------- Notification The 10th April, 2000 No. 13-Leg/2000. - The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 6th April, 2000, and is hereby published for general information :- An Act further to amend the Punjab General Sales Tax Act, 1948 Be it enacted by the Legislative of the State of Punjab in the Fifty-one Year of the Republic of India as follows :- ### 1. Short title and commencement. (1) This Act may be called the Punjab General Sales Tax (Second Amendment and Validation) Act, 2000. (2) (a) Section 2 of this Act shall be deemed to have come into force on and with effect from the 1st day of April, 1999; (b) (i) Section 3 of this Act shall come into force at once, but in respect of the goods specified in items 11 and and 26 under Category IV, item 5 under Category IX and item 4 and 5 under Category X of Schedule 'A' appended to the Act, is shall come into force from such date as the State Government may, specify by notification, and till notification is issued, the tax in respect of these goods shall be levied at the rates specified in Category XI of Schedule 'A'; (ii) The rate of tax on goods specified it item 56 under category IX of schedule 'A' appended to the Act shall remain in force upto the 31st day of March, 2000, and thereafter the rate of tax on these goods shall be as specified under Category X of Schedule 'A'; (iii) The goods specified in items 69, 70 and 71 of Schedule 'B' appended to the Act, shall remain tax free goods upto the 31st day of March, 2000, and thereafter the rate of tax on these goods shall be as specified under Category X of Schedule 'A'. ### 2. Amendment of section 4 of Punjab Act 46 of 1948. - In the Punjab General Sales Tax Act, 1948 (hereinafter referred to as the principal Act), in section 4, in sub-section (5) ,- (i) in clause (bb), for the words and sign "restaurant", the words and signs "restaurant, halwai shop, bakery" shall be substituted; (ii) clause (bbb) shall be omitted; and (iii) in clause (c), for the brackets, letters, sign and words "(b) (bb) and (bbb) ", the brackets, letters and words "(b) and (bb) " shall be substituted. ### 3. Amendment of section 5 of Punjab Act 46 of 1948. - In the principal Act,- (A) in section 5, for sub-section (1), the following sub-section shall be substituted, namely :- ["(1) Subject to the provisions of this Act, there shall be levied on the taxable turnover of a dealer, a tax at the rate not exceeding twenty paise in a rupee, as the State Government may specify by notification from time to time:] Provided that the rate of tax on the goods as categorised in Schedule 'A' shall be such, as has been specified for those goods in this Schedule. The State Government after giving by notification, not less than ten days notice of its intention so to do, may by like notification, add to or delete from this Schedule, and thereupon the Schedule shall be deemed to have been amended accordingly: Provided further that if the State Government is satisfied that circumstances exist, which render it necessary to take immediate action, it may dispense with the condition of previous publication : Provided further that the rate of tax shall not exceed four paise in a rupee in respect of any declared goods. Explanation - The amount of tax shall be calculated to the nearest rupee by ignore in fifty paise or less and counting more than fifty paise as one rupee." Substitution of section 6 of Punjab Act 46 of 1948. (B) for section 6, the following section shall be substituted, namely :- "6. No tax shall be payable on the sale of goods specified in Schedule 'B' to the conditions specified therein: Tax free goods. Provided that the State Government after giving by notification, not less than ten days, notice of its intention so to do may by like notification, add to or delete from this Schedule, and thereupon the Schedule shall be deemed to have been amended accordingly. Provided further that if the State Government is satisfied that circumstances exist, which render it necessary to take immediate action, it may dispense with the condition of previous publications." (C) for the existing Schedule 'A' and 'B' the following Schedules shall, respectively, be substituted, namely :- "Schedule 'A' [See Section 5(1) ] | | | | --- | --- | | Sr.No. | Description of goods | | | CATEGORY-I | | | GOODS TAXABLE AT THE RATE OF ONE PERCENT | | 1 | Bullion and specifies | | | CATEGORY-II | | | GOODS TAXABLE AT THE RATE OF TWO PERCENT | | 1 | Ornaments and jewellery other than ornaments and jewellery containing precious or semi-precious or artificial semi-precious stones. | | | CATEGORY-III | | | GOODS TAXABLE AT THE RATE OF THREE PERCENT | | 1 | Pulses, that is to say, malka masor and its dal, dried peas and its dal, rawan, white, rajmanh, rongi (red and white), lal lobia, dal kulth, lobia, kangni, swank, soyabeans, gowara, harwan, gram and its dal, gram flour (besan) urad and its dal, moong and its dal, moth and its dal, tur (arhar) and its dal. | | 2 | Sports goods; | | | CATEGORY-IV | | | GOODS TAXABLE AT THE RATE OF FOUR PERCENT | | 1 | Declared goods are specified in section 11 of the Central Sales Tax Act, 1956 (Central Act No. 74 of 1956). | | 2 | Karyana items, that is to say—ajwain; black pepper, clove, cardamom, coriander seeds, cinnamon, cumin seeds, chat masala, chana masala, fenugreek, garam masala, mustard seeds (rai) , meat masala, pomegranate seeds, turmeric, fennel (sounf), emblic, myrobalan (amla) , ampapad, dry mango, peels (amchur Kuta and powder), psyllium seeds (isubgoal) , big cardamom (ilachi doda), tamarind (imli) , anab, Kalaunji (Kalawanji), Kali zeeri, Kamarkas gond katina and other goods, darau, water chest nuts (singhara) , chaksu, charonji, mace (javitri), nutmegs (jaifal), bay leaf (tejpatra) , hallon (asalis halam), long pepper (pipal maggan), poppy seeds (khaskhas) , wild violet (banafsha), baleric myrobalans (behra) , chebilic, myrobalans (harrat), majith hemma (mehndi) , magaz kheera, magaz tarbuj, magaz, kaddu, magaz, kharbooja, shikkakai, dry ginger (sund) , seal sago (sabudana), betel nuts (supari) , shora, dill seeds (soye), asafeotida (hing) , rattanjot licorice (malathi), nashadar thikri, nashadar powder, nashadar tikki, fatkari, musk kapur, kol dodda, phool makhana, sat nimboo, guggal, fenugreek leaves (methi pattas), degi mirch (kashmiri mirch). | | 3 | Vanaspati ghee. | | 4 | Readymade garments excluding garments of leather, fur and silk. | | 5 | Chemical fertilizers. | | 6 | Pesticides, weedicides, fungicides, herbicides and insecticides. | | 7 | Packing materials i.e. gunny bags, HDPE bags and packs, corrugated and wooden boxes, plastic and tin containers including barrels, cardboard boxes, thermocol packs used for packing only. | | 8 | Hosiery goods. | | 9 | Oil cake and de-oiled cakes. | | 10 | Safety matches | | 11 | Yarn of all types including knitting wool, raw wool and waste thereof | | 12 | Fibre, wool top and thread of all kinds and waste thereof. | | 13 | Unprocessed cereals including paddy and wheat. | | 14 | Sugar imported from abroad | | 15 | Gur, jaggery and shakker | | 16 | Harvest combine and parts thereof. | | 17 | Tractor and tractor attachments and parts thereof. | | 18 | Milk when purchased for use in the manufacture of any goods other than tax free goods for sale. | | 19 | Oil seeds as specified in clause (vi) of section 14 of the Central Sales Tax Act, 1956. | | 20 | Dry fruits | | 21 | Rubber chappals and canvas shoes | | 22 | Utensils made of stainless and aluminium | | 23 | Processed vegetables, fish and meat when sold in sealed containers | | 24 | All goods, other than those specified in Schedule 'B' when used in the manufacture of goods not sold within the State of Punjab or in the course of inter State trade or commerce or in the course of export out of the territory of India and when acquired within the State of Punjab but neither sold as such in the State of Punjab nor sold as such in the course of export out of territory of India. | | 25 | Goods sold to Government of India or any State Government except where the rate of tax is lower than 4% subject to production of a certificate in the following form — | | | | --- | | CERTIFICATE | | (To be used when purchase is made by the Government of India or any State Government) | | Original | Duplicate | | Name of issuing department\_\_\_\_\_\_\_ (whether of a State Government or Government of India) | Name of issuing department\_\_\_\_\_\_ (whether of a State Government or Government of India) | | Name and address of\_\_\_\_\_\_\_\_ office of issue. | Name and address of\_\_\_\_\_ office of issue. | | To\_\_\_\_\_\_\_\_\_\_\_\_ (seller) Certified that the goods ordered for in our purchase order No.\_\_\_\_\_\_ dated\_\_\_\_\_\_ purchased from you as per bill/ case memo stated below. | To\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (seller) Certified that the goods ordered for in our purchase order No. \_\_\_\_\_\_ dated\_\_\_\_\_\_\_\_ purchased from yon as per bill/ cash memo stated below. | | Supplied under your challan No.\_\_\_\_\_ dated\_\_\_\_\_ are purchased by or on behalf of the Department. | Supplied under your challan No.\_\_\_\_\_\_\_ dated\_\_\_\_\_\_ as purchased by or on behalf of the Department. | | Signature\_\_\_\_\_\_\_\_\_\_ | Signature\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | Designation of the authorised Officer of the Department | Designation of the authorised Officer of the Department. | | Dated\_\_\_\_\_\_\_\_\_ | Dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | Seal of the authorised officer of the department | Seal of the authorised officer of the department. | | Dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | Dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | | \*Particulars of bill/cash memo. Date\_\_\_\_No.\_\_\_ | \*Particulars of bill/cash memo. Date\_\_\_\_\_\_ No.\_\_\_\_ | | Amount\_\_\_\_\_\_\_\_\_\_\_\_\_ | Amount\_\_\_\_\_\_\_\_\_\_\_\_\_ | | (Note : To be furnished by the selling dealer) | (Note : To be retained by the purchasing Government Department) | | | | | --- | --- | | 26 | Industrial inputs purchased by the industrial units registered under the Act for use by them in the manufacture of taxable goods for sale : | | | (a) Non-ferrous metals, namely, sulphur, zinc and aluminium; | | | (b) belting; | | | (c) chemicals, namely barytes, hydrogen peroxide, silicon, carbide, lime, caustic soda, ferro silicon and naptha; | | | (d) bearings; | | | (e) dyes; | | | (f) ferro alloys and super alloys; | | | (g) refractory bricks; | | | (h) polystyrene; and | | | (i) transformer. | | | CATEGORY-V | | | GOODS TAXABLE AT THE RATE OF FIVE PERCENT | | 1 | Motor vehicles including accessories and parts thereof but excluding tractors and harvest combines and their parts and attachments. | | 2 | Halwai goods. | | | CATEGORY-VI | | | GOODS TAXABLE AT THE RATE OF SIX PERCENT | | 1 | Edible oils. | | 2 | Bicycles including their parts and accessories. | | 3 | Achars, chatnees, papad and warian. | | | CATEGORY-VII | | | GOODS TAXABLE AT THE RATE OF EIGHT PERCENT | | 1 | Goods not specified elsewhere. | | | CATEGORY-VIII | | | GOODS TAXABLE AT THE RATE OF TEN PERCENT | | 1 | Cooking gas. | | | CATEGORY-IX | | | GOODS TAXABLE AT THE RATE OF TWELVE PERCENT | | 1 | Weather proofing compounds. | | 2 | Fire works including coloured matches. | | 3 | Furs and skins with fur and articles of personal and domestic use made from furs. | | 4 | Lifts, escalators and elevators and component parts, spare parts and accessories thereof. | | 5 | Diesel oil. | | 6 | Marble, marble tiles and granite. | | 7 | Sandal wood and its oil. | | 8 | Sound transmitting equipment including telephones, l o u d speakers and parts thereof. | | 9 | Typewriters and duplicating machines and parts thereof. | | 10 | Cutlery. | | 11 | Silk, silk fabrics and garments made thereof. | | 12 | Vacuum cleaner including its parts and accessories thereof. | | 13 | TVs, VCRs including their parts and accessories thereof. | | 14 | Teleprinters. | | 15 | Transformers. | | 16 | Transmission wires and towers. | | 17 | Voltage stabilisers including their parts and accessories thereof. | | 18 | Washing machines including their parts and accessories thereof. | | 19 | Wireless reception instruments and apparatus including radios and radio-gramaphones and spare parts and accessories thereof and electric valves, accumulators, amplifiers, loudspeakers and spare parts and accessories thereof. | | 20 | Air Conditioners including parts and accessories thereof. | | 21 | Arms and ammunition except "Kirpan". | | 22 | Stainless steel articles excluding utensils, razor blades and surgical instruments. | | 23 | Carpets. | | 24 | Cushions, pillows, mattresses, sheets and other articles made of rubber or foam rubber or plastic foam or other synthetic foam or rubberised coir. | | 25 | Electronic toys and games. | | 26 | Leather goods excluding sports goods and footwear. | | 27 | Musical instruments. | | 28 | Calculating machines and tabulating machines. | | 29 | Cigarette cases and lighters. | | 30 | Cinematographic equipments including cameras, projectors and sound recording and reproducing equipments, lenses, films and parts and accessories required for use therewith but excluding photographic cameras and enlargers, lenses, films and plates, papers and cloth and other parts and accessories required for use therewith. | | 31 | Glassware, glazedware and chinaware but excluding banges and crockery. | | 32 | Naptha. | | 33 | Spark plugs. | | 34 | Rubber goods except footware. | | 35 | Cosmetics, toilet goods including perfumes, scents, deodorants, scented hair oils, hair tonics, hair dyes, shampoos, soaps but excluding toothbrush, toothpaste, toothpowder, kum kum, detergents and washing soaps. | | 36 | Adhesives of all types including adhesive tape, cellophone tape and glue. | | 37 | PVC articles. | | 38 | Asphaltic roofings. | | 39 | Laminated sheets including sun-mica sheets and formica sheets of all types. | | 40 | Industrial gases including oxygen, nitrogen, acetylene gas, burners and other equipments and accessories for use therewith but excluding therapeutic gases. | | 41 | ACSR conductors. | | 42 | Refrigerators, air-conditioning plants and component parts and accessories thereof. | | 43 | Clocks, time-pieces and watches and parts thereof. | | 44 | Dictaphone and parts thereof. | | 45 | Binoculars, telescopes and opera glasses. | | 46 | Gramophones and component parts thereof and records. | | 47 | Vacuum flasks of all kinds including thermos, thermic jugs, ice buckets or boxes, urns and domestic receptacles to keep food or beverages hot or cold and refills thereof. | | 48 | Sanitary goods and fittings. | | 49 | Preserved food articles including all kinds of fruits, fruit juices and drinks, squashes, cardials, syrups, ketchup, jams, pickles, murrabba and chatni when sold in packed and preserved form. | | 50 | Picnic sets. | | 51 | All tiles including mosaic tiles but excluding roofing tiles. | | 52 | Perambulators. | | 53 | Celluloid, bakelite goods and goods of similar substance except toys for children and plastic footwear. | | 54 | Aeronautics including aeroplanes, ground equipments, their component parts, spare parts and accessories thereof including tyres and tubes required for such aeroplanes. | | 55 | Single digit lottery tickets where a prize is provided on any single digit occurring in the number of the lottery tickets. | | 56 | Foreign liquor as defined in sub-paragraph (2) of paragraph 2 of the Punjab Excise Liquor Definitions 1954. | | | CATEGORY-X | | | GOODS TAXABLE AT THE RATE OF TWENTY PER CENT | | 1 | Aerated water including soft drinks. | | 2 | Narcotics. | | 3 | Petroleum products including aviation turbine fuel and kerosene but excluding diesel and cooking gas. | | 4 | Mobil oil and lubricants. | | 5 | Molasses. | | 6 | Liquor of all kinds, foreign liquor as defined in subparagraph (2) of paragraph 2 of the Punjab Excise liquor definitions, 1954. | | 7 | Rectified spirit. | | | | | --- | --- | | | CATEGORY-XI | | Sr.No. | Description of goods | Rates of tax applicable | | 1 | Diesel oil | 8.00% | | 2 | Mobile oil and lubricants | 8.00% | | 3 | Molasses | 8.00% | | 4 | Yarn of all types including knitting wool and raw wool | 2.00% | | 5 | Liquor except foreign liquor as defined in sub-paragraph (2) of paragraph 2 of Punjab Excise Liquor Definitions, 1954 | Nil | | 6 | Rectified spirit | Nil | | 7 | Industrial inputs as specified at item 26 under Category IV of Schedule 'A' | As applicable under the existing provisions of he Act or the rules made thereunder | 'B' ----- (See Section 6) Goods Exempted from Tax | | | | --- | --- | | Sr.No. | Description of goods | | 1. | Fresh vegetables, fruits, meat and fish other than canned, cooked, preserved, processed, dried, dehydrated except when sold in sealed containers. | | 2. | Common Salt whether processed or unprocessed. | | 3. | Fresh milk and pasteurised milk but not including condensed and dried milk or when purchased for use in the manufacture of any goods other than tax free goods for sale | | 4. | Eggs | | 5. | Plain water but not including aerated water or mineral water or water sold in bottles or sealed containers. | | 6. | Books, periodicals and journals. | | 7. | Unbranded bread. | | 8. | Fresh Flowers. | | 9. | Khandsari including sugar as defined in Central Excise and Salt Act, 1944 (1 of 1944) but not including imported sugar in all forms. | | 10. | Condoms and contraceptives. | | 11. | Curd, Lassi and butter milk. | | 12. | Planting materials, that is to say, certified seeds, bulbs, suckers, nursery plants used for raising grass, fruits and flowers. | | 13. | Electric energy | | 14. | Glass and plastic bangles. | | 15. | Kum-kum. | | 16. | Wheel chairs and crutches used by handicapped persons | | 17. | Artficial limbs and hearing aids for the deaf and dumb. | | 18. | Atta, maida, suji and rice flour where the tax has been paid under the Act in respect of purchase or wheat or paddy as the case may be, out of which such goods have been procured. | | 19. | Wooden handicrafts with plastic or wood inlaid work. | | 21. | Poultry feed and cattle feed including prawn feed but excluding feed supplements, nutrients, mineral mixture, vitamins, medicines and other category of feed supplements, which are used in poultry feed, prawn feed and feed for livestock. | | 22. | Gobar gas plants and its accessories. | | 23. | Agriculture implements and parts thereof as per details given below :— | | | (A) ORDINARY AGRICULTURAL IMPLEMENTS | | (1) | Hand hoe or Khurpa | | (2) | Sickle | | (3) | Spade | | (4) | Baguri | | (5) | Hand-wheel hoe. | | (6) | Horticultural tools like budding, graftime knife, secateur, pruning, shear or hook, hedge shear, prinkler, rake. | | (7) | Sprayer, duster and sprayer-cum duster | | (8) | Soil injector. | | (9) | Jandra. | | (10) | Wheel barrow. | | (11) | Winnowing fan or winnower. | | (12) | Dibbler. | | (13) | Gandasa. | | (14) | Puddler. | | (15) | Fertilizer seed broadcaster. | | (16) | Maize sheller. | | (17) | Groundnut dicorticator. | | (18) | Manure or seed screen. | | (19) | Flame gun. | | (20) | Seed grader. | | (21) | Hand-driven chaff-cutters | | (22) | Tasla. | | (23) | Tangli. | | | (B) BULLOCK DRAWN AGRICULTURAL IMPLEMENTS | | (1) | Yoke | | (2) | Plough | | (3) | Harrow and its following parts :— | | | (i) Harrow frame | | | (ii) Harrow spool | | | (iii) Harrow axle | | | (iv) Harrow scrappers | | | (v) Harrow draw bar | | | (vi) Harrow draw bar "U" | | | (vii) Harrow Clamp | | | (viii) Harrow handle | | | (ix) Harrow clutch | | | (x) Harrow pathala. | | (4) | Cultivator or triphali | | (5) | Seed drill, fertilizer drill, seed-cum-fertilizer drill. | | (6) | Planter | | (7) | Plank or float | | (8) | Leveller or scoop | | (9) | Ridger | | (10) | Ditcher | | (11) | Bund former | | (12) | Thrasher or phalla | | (13) | Transplanter | | (14) | Chaffcutter | | (15) | Persian wheel and bucket chain or washer chain. | | (16) | Cart and its following parts:— | | | (i) ADV rims | | | (ii) ADV axle | | | (iii) Drawbar | | | (iv) Hook | | (17) | Reaper | | (18) | Mower | | (19) | Sugarcane crusher | | (20) | Cane juice boiling pan and grating | | (21) | Roller | | | (C) CAMEL DRAWN CART | | | (D) TRACTOR DRAWN AGRICULTURAL IMPLEMENTS | | (1) | Plough and its following parts:— | | | (i) Mould board plough assembly | | | (ii) Disc plough covers | | | (iii) Disc plough hubs | | | (iv) Disc plough wheels | | | (v) Disc plough shoes | | | (vi) Disc plough brackets cap | | | (vii) Disc plough brackets | | | (viii) Disc plough assembly scrapper | | | (ix) Disc plough bracket scrapper | | | (x) Disc plough bracket furrow wheel | | | (xi) Disc plough bracket assemble axle | | | (xii) Disc plough Set cap | | | (xiii) Disc plough assembly spindle and dust cap | | | (xiv) Disc plough furrow wheel. | | (2) | Harrow and its following parts :— | | | (i) Harrow frame | | | (ii) Harrow spool | | | (iii) Harrow bush | | | (iv) Harrow C.I. nut and chunk nut | | | (v) Harrow hub | | | (vi) Harrow axle | | | (vii) Harrow nipple bolt | | | (viii) Harrow lock patti | | | (ix) Harrow scrapper | | | (x) Harrow draw bar | | | (xi) Harrow draw bar 'U' | | | (xii) Harrow clamp | | | (xiii) Harrow handle | | | (xiv) Harrow clutch | | | (xv) Harrow patnals. | | (3) | Cultivator or tiller and its following parts :— | | | (i) Tiller tyne assembly | | | (ii) Tiller tyne | | | (iii) Tiller Spring | | | (iv) Tiller Shovel/phalla | | | (v) Tiller type assembly | | | (vi) Tiller achor pin | | | (vii) Tiller toggle assembly | | | (viii) Tiller link pin | | | (ix) Tiller tyne stop. | | | (x) Tiller assembly tool bar | | | (xi) Tiller 3 point linkage | | | (xii) Tiller twist patti | | | (xiii) Tiller angle bracket | | | (xiv) Tiller tyne assembly. | | (4) | Seed drill, fertiliser drill or seed-cum-fertiliser drill its following parts :— | | | (i) Seed drill tyne | | | (ii) Seed drill shovel/phalla | | | (iii) Seed drill gari | | | (iv) Seed drill feeder (pistol) | | | (v) Seed drill soout | | | (vi) Seed drill hopper assembly | | | (vii) Seed drill ground wheel. | | (5) | Fertiliser broadcaster | | (6) | Planter | | (7) | Plank or float | | (8) | Leveller or scoop and its following parts :— | | | (i) Leveller frame assembly | | | (ii) Leveller blade | | | (iii) Leveller main frame. | | (9) | Bund former | | (10) | Ridger and its following parts :— | | | (i) Ridger tyne | | | (ii) Ridger shoes | | | (iii) Ridger shovels/phalla. | | (11) | Trailer and its following parts :— | | | (i) ADV rims | | | (ii) ADV axles | | | (iii) Trailer draw bar | | | (iv) Trailer hook | | (12) | Puddler | | (13) | Ditcher | | (14) | Cage wheel | | (15) | Sprayer, duster or sprayer-cum-rotovator | | (16) | Roller | | (17) | Hoe, rotary hoe or rotovator | | (18) | Reaper or mower, harvester | | (19) | Potato harvester or spinner | | (20) | Groundnut digger shaker | | (21) | Transplanter | | | (E) POWER IMPLEMENTS | | (1) | Thrasher and its following parts :— | | | (i) Thrasher weight wheels | | | (ii) Thrasher jali | | | (iii) Thrasher sieve set | | | (iv) Thrasher 'U' clamp and beater | | | (v) Thrasher rotor | | | (vi) Thrasher ground wheels | | (2) | Chaff-cutter | | (3) | Maize sheller | | (4) | Groundnut decorticator | | (5) | Seed grader | | (6) | Winnower | | (7) | Seed treater | | (8) | Power Sprayer or duster | | (9) | Centrifugal pumps | | (10) | Poultry feed grinder and mixer | | (11) | Transplanter. | | 24. | Agricultural or horticultural produce sold by a person or a member of his family grown by himself or grown on any land in which he has an interest whether as owner or unfructuary mortgagee, tenant or otherwise. | | 25. | All goods sold to the serving military personnel and Ex-servicemen by the Canteen Stores Department direct or through the authorised canteen contractors or through unit run canteen. | | 26. | Liquor and other articles when sold at the dutyfree shop at the International Airport, Amritsar owned and operated by the Indian tourism Development Corporation Ltd., subject to the condition that the sales are paid for in foreign exchange. | | 27. | Tobacco whether cured, uncured or manufactured and all its products including bidis, cigarettes, cigars. | | 28. | Admission forms and prospectuses of Punjab School Education Board and of the Universities in the State. | | 29. | All varieties of cotton, woollen or silken textiles, including rayon, artificial silk or nylon whether manufactured by handloom or powerloom or otherwise but not including carpets, druggets, woollen dress and monofilament niwar. | | 30. | All varieties of textiles covered by item 29 on which knitting and embroidery work has been done. | | 31. | Such varieties of canvas cloth, tarpaulins and similar other products, manufactured with cloth as base as are manufactured in textile mills, powerloom factories and processing factories. | | 32. | Leather cloth and inferior or imitation leather cloth ordinarily used in book binding (rubberised) tissue or synthetic waterproof fabric whether single textured or double textured and book binding cotton fabrics. | | 33. | All goods sold to the Indian Red Cross Society and St. John Ambulance Association. | | 34. | Judicial and non-judicial stamps, standard water-marked petition papers and lottery tickets except single digit lottery tickets where a prize is provided on any single digit occurring in the number of the lottery tickets. | | 35. | Fodder (dry or green) except oil cakes and deoiled cakes. | | 36. | Independence jayanti badges. | | 37. | All goods produced by training-cum-production centre run by the Social Welfare Department which are sold by these centres themselves. | | 38. | Gems and jewellery when sold to foreign tourists against foreign currency. | | 39. | Philatelic stamps. | | 40. | Greeting cards, diaries and calendars when sold by UNICEF and WWF. | | 41. | Patashas, golies, chirwas, boora, makhana, marunda, ilachidana, phullian, murmura and rice layee. | | 42. | Educational writing instruments, that is to say, slates, pencils, chalks, crayons, geometry boxes, takhties, black ink used for takhites, blackboards, sharpners, erasers, footrules, notebooks and drawing copy books used by students in schools. | | 43. | Dhoop and agarbatties. | | 44. | Straw covers. | | 45. | Kuth. | | 46. | Kiker bark. | | 47. | Husk of all foodgrains and pulses. | | 48. | Pan. | | 49. | X-Ray photographs when sold by radiologists preparing them. | | 50. | Spinning wheel (charkha) and its parts. | | 51. | Earthenware made by Kumhar. | | 52. | Country made shoes (Jooties) when sold by the makers of such shoes himself or any other member of his family; provided that the maker does not employ any outside labour or use power at any stage for making the shoes. | | 53. | All articles of handicrafts and readymade garments made out of handloom cloth by the Industrial Co-operatives when sold through Government Emporia and the Sales Depots of the Punjab Weavers Apex Co-operative Society Limited | | 54. | Edible oils produced from sarson, toria and til in indigenous 'kohlus' whether worked by animals or human beings and the same is sold by the owners of such 'Kohlus' only. | | 55. | Eatables and drinks when sold at such tea stalls within the premises of a Railway Station as are run or for which contracts have been given by the Railway Authorities. | | 56. | Indian food preparations including dahi, lassi and tea ordinarily prepared by Tandoorwalas, Dhabawalas and Lohawalas and when sold by the persons running Tandoors, Dhabas and Lohas exclusively. | | 57. | Medicines when sold by medical practitioners of Allopathic, Ayurvedic and Unani and Homoeopathic systems of medicine, owning dispensaries in the course of dispensing medicines to their patients on their own prescriptions | | 58. | Mango stones and mango kernels. | | 59. | All articles of handicrafts prepared by the Tibetans Woollen Yarn Centre of His Holiness the Dalai Lama's Charitable Trust, Amritsar. | | 60. | Subsidised articles of food sold to workers within the premises of a canteen established under the Factories Act, 1918 and the Punjab Factory Rules, 1952. | | 61. | Bones (raw material) | | 62. | Chun (wand) | | 63. | Honey, bee-hive boxes alongwith attached equipments, bee-hive wax and pollen | | 64. | RCC/PVC pipes subject to furnishing of a certificate issued by the Department of Soil Conservation Punjab to the effect that these pipes have been purchased by the consumer for bonafide use in underground irrigation purposes within the Sate of Punjab | | 65. | All goods consumed in the execution of a works contract pertaining to printing, dyeing, bleaching or processing by the processor of cloth. | | 66. | 'Vaan' and 'Rassi' produced from baggasse and green grass | | 67. | Pens and ball pens | | 68. | Life saving drugs as specified below — | | | N Fluids. | | | (1) 5% Dextrose | | | (2) 5% Dextrose saline | | | (3) Haemacel | | | (4) Ringer lactate | | | (5) Mannitol | | | Antibiotics | | | (6) Inj Ampicillin | | | (7) Inj C-Pencillin | | | (8) Inj. Cephalosporins | | | (9) Inj. Gentamicin | | | (10) Inj. Metronidazole. | | | Vasopressors | | | (11) Inj. Dopamine | | | (12) Inj. Adrenalin | | | (13) Inj. Ephedrine. | | | Analgesics (Pain Killers). | | | (14) Inj Pethidine | | | (15) Inj. Morphine | | | (16) Inj Pentazoocine | | | (17) Inj Diazepam | | | Steroids. | | | (18) Inj. Dexamethasone | | | (19) Inj. Dexamethasone | | | Beta Blockers: | | | (20) Inj. Propranolol | | | Bronchodilators: | | | (21) Inj. Aminophyllin | | | (22) Inj. Deriphyllin | | | Antiphyretics: | | | (23) Inj. Paracetamol | | | Antiemetic. | | | (24) Inj. Metachlopramide | | | (25) Inj. Phenrgan | | | Antilallergic: | | | (26) Inj. Chlorpheneramine Moleate | | | Cardiology: | | | (27) Inj. Streptokinaso | | | (28) Inj. Nifroprusside | | | (29) Inj. Xylocard | | | (30) Cap. Nifedipine. | | | Gynaecology | | | (31) Inj. Pitocin | | | (32) Inj. Methergin | | | (33) Inj. Magnesium Sulphate. | | | Antiepileptics : | | | (34) Inj. Phenytoin | | | (35) Inj. Phenebarbitone. | | | Miscellaneous : | | | (36) Inj. PAM | | | (37) Snake Venom | | | (38) Inj. Chromostat | | | (39) ORS | | | (40) Inj. Insulin (Plain) | | | (41) Inj. Niethamide | | | (42) Inj. Lasix | | | (43) Inj. Soda Bicarbonate | | | (44) Inj. Calcium Gluconate | | | (45) Inj. Potassium Chloride | | | (46) Inj. Atropine. | | 69. | Beer when sold by the Country Liquor Licensees | | 70. | Indian made foreign liquor of 60 degree proof when sold by and to the country liquor licensees. | | 71. | All goods except foreign liquor as defined in sub-paragraph (2) of paragraph 2 of the Punjab Excise Liquor Definitions, 1951 on which duty is or may be levied under the Punjab Excise Act, 1914 of the Opium Act, 1878 subject to entry 69." | ### 4. Amendments of Schedules 'C and 'D' and Validation. (1) The amendments made in Schedules 'C' and 'D' of the principal Act, by notifications No. S.O. 70/P A. 16/18/S.31/Amd/99, dated the 15th October, 1999, and No. S.O. 69/P.A. 16/18/S.5/Amd/99, dated the 15th October, 1999, respectively, shall be deemed to be in force during the period commencing on the 20th day of October, 1998, and ending with the 14th day of October, 1999. (2) Notwithstanding any judgement, decree or order of any court or other authority, any tax levied or collected or purported to have been levied or collected on the first stage of sale of oil-seeds as specified against serial number 3, under column 2 of Schedule 'D' of the principal Act, in respect of the period commencing on the 20th day of October, 1998 and ending with the 14th day of October, 1999, shall for all purposes be deemed to be and to have always been levied or collected in accordance with law as if the Notification, No S.O 70/P A. 46/48/S 3 l/Amd./99, dated the 15th October, 1999 and No S.O 69/PA 46/48/ S 5/Amd 199, dated the 15th October, 1999, were in force during the aforesaid period, and accordingly,- (a) no suit on other proceedings shall be maintained or continued in any court for the refund of any tax so paid; (b) no court shall enforce any decree or order directing the refund of any tax so paid; (c) any tax levied or purported to have been levied on the first stage of sale of oil-seeds as specified against serial No. 3, under column 2 of Schedule 'D' of the Principal Act in respect of the period commencing on the 20th day of October, 1998, and ending with the 11th day of October, 1999, but not collected, may be recovered in the manner provided in the principal Act; and (d) any tax due on the first stage of sale of oilseeds as specified against serial No 3, under column 2 of Schedule 'D' of the principal Act in respect of the period commencing on the 20th day of October, 1998, and ending with the 14th day of October, 1999, but not assessed or levied may be assessed or levied and collected in the manner provided in the principal Act, notwithstanding the period of limitation provided thereon. (3) For the removal of doubts, it is hereby declared that nothing in sub-section (1) shall be construed as preventing any person- (a) from questioning in accordance with the provisions of the principal Act and the rules made thereunder, the levy or collection of such tax; or (b) from claiming refund of any tax paid by him in excess of the amount due from him under the principal Act as amended by this Act. ### 5. Repeal and Saving. (1) The Punjab General Sales Tax (Amendment) Ordinance, 2000 (Punjab Ordinance No. 2 of 2000), the Punjab General Sales Tax (Second Amendment) Ordinance, 2000 (Punjab Ordinance No. 3 of 2000) and the Punjab General Sales tax (Third Amendment and Validation) Ordinance, 2000 (Punjab Ordinance No. 5 of 2000), are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the principal Act, as amended by the Ordinance referred to in sub-section (1), shall be deemed to have been done or taken under the principal Act, as amended by this Act.

65b9bfabab84c7eca86e9da3

acts

State of Rajasthan - Act -------------------------- The Rajasthan Laws Repealing Act, 1954 ---------------------------------------- RAJASTHAN India The Rajasthan Laws Repealing Act, 1954 ======================================== Act 1 of 1954 --------------- * Published on 1 January 1954 * Commenced on 1 January 1954 The Rajasthan Laws Repealing Act, 1954 Act No. 1 of 1954 [Published in the Rajasthan Gazette (Raj-Patra), No. 162, Part 4-A dated February 27, 1954] [Received the absent of the President on the 10th day of February, 1954] An Act to repeal certain Rajasthan Laws. Whereas it is expedient that certain Rajasthan laws which are spent of are covered by later laws or have otherwise become unnecessary or ceased to be in force should be expressly repealed. Be it enacted by the Rajasthan State Legislature as follows:- ### 1. Short title and commencement. (1) This Act may be called the Rajasthan Laws Repealing Act, 1954. (2) It shall come into force on the date of its first publication in the Rajasthan Gazette as an Act. ### 2. Interpretation. (1) In this Act, unless the subject or context otherwise requires,- (1) the expression "Covenanting State" shall mean and include any of the former Indian States of Alwar, Banswara, Bharatpur, Bikaner, Bundi, Dholpur, Dungarpur, Jaipur, Jaisalmer, Jhalawar, Jodhpur, Karauli, Kishangarh, Kotah, Mewar, Partabgarh, Shahpura, Sirohi and Tonk; (2) the expression "former Matsya State" shall mean the United State of Matsya established by the Covenant entered into by the Rulers of the Convenanting States of Alwar. Bharatpur, Dholpur and Karauli: (3) the expression "former Rajasthan State" shall mean the United State of Rajasthan established by the Covenant entered into by the Rulers of the Convenanting States of Banswara, Bundi, Dungarpur, Jhalawar, Kishangarh, Kotah, Mewar, Partabgarh, Shahpura and Tonk; (4) the expression "Rajasthan" when used otherwise than in the expressions "former Rajasthan State" and "Rajasthan Law", shall mean the State of Rajasthan comprising the territories specified for the time being in Part B of the First Schedule to the Constitution of India: and (5) the expression 'Rajasthan Law" shall mean and include- (a) as respects the period on and after the seventh day of April, 1949, an Ordinance or Act made and promulgated by the Rajpramukh of Rajasthan, and (b) as respects the period prior to the said day.- (i) an Ordinance made and promulgated by the Raj pramukh of the former Rajasthan State or of the former Matsya State, and (ii) any Act, enactment, Ordinance, regulations, rule, order, resolution, notification or bye-law made by the Ruler or a competent Legislature or other competent authority or officer of a Covenanting State: Provided that such Act, enactment, Ordinance, regulation, rule, order, resolution, notification or bye-law is in force and has not been expressly repealed on the date on which this Act comes into force. (2) The provisions of the General Clauses Act, 1897 of the Central Legislature shall [mutatis mutandis] apply, so far as may be, for the interpretation of this Act as it applies for the interpretation of a Central Act. ### 3. Specific repeal of certain Rajasthan Laws. - The Rajasthan laws mentioned in the Schedule are hereby repealed. ### 4. General repeal of certain Rajasthan laws. - All Rajasthan laws, other than those referred to in section 3, which are spent or are covered by any Rajasthan Ordinance or Act made on or after the seventh day of April, 1949 or have otherwise become unnecessary or ceased to be in force, are hereby repealed to the extent to which they are so spent or are covered or have so become unnecessary or ceased to be in force. ### 5. Savings. (1) The repeal by this Act of any Rajasthan law shall not affect any other law in which the repealed Rajasthan law has been applied, incorporated or referred to; and this Act shall not affect the previous operation of any Rajasthan law hereby repealed or the validity, invalidity, effect or consequences of anything already done or suffered thereunder, or any right title, privilege, obligation or liability already acquired, accrued or incurred thereunder, or any investigation, legal proceeding or remedy, in respect thereof, or any release or discharge of or from any debt, penalty obligation, liability, claim or demand, or any indemnity already granted or the proof of any past act or thing; nor shall this Act affect any principle or rule of law or established jurisdiction, form of course of pleading, practice or procedure or existing usage, custom privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any Rajasthan law hereby repealed; nor shall the repeal by this Act of any Rajasthan law revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not existing or in force on the date on which this Act comes into force. (2) The repeal by this Act of any Rajasthan law by which the text of any earlier law was amended by the express omission, insertion or substitution of any matter shall not affect the continuance of any such amendment in operation at the commencement of this Act, unless a different intention is expressly stated In such Rajasthan law. (3) If any Rajasthan law hereby repealed is expressed to have any retrospective effect or operation, its repeal by this Act shall not in any why affect or prejudice such retrospective effect or operation. (4) The repeal by this Act of any Rajasthan law shall not affect- (i) any fine, penalty, forfeiture or punishment incurred in respect of any offence committed against any Rajasthan law so repealed, or (ii) any investigation, legal proceeding or remedy in respect of any such fine, penalty, forfeiture or punishment, 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 such Rajasthan law had not been repealed. The Schedule (See Section 3) Rajasthan Laws Repealed I. - Rajasthan State ### 1. The Jaipur Requisitioning of Land (Continuance of Powers) Act (Amendment) Ordinance, 1949. ### 2. The Rajasthan (Protection of Tenants) (Amendment) Ordinance, 1949. ### 3. The Udaipur City Municipal Act (Amendment) Ordinance, 1949. ### 4. The Rajasthan (Protection of Tenants (Second Amendment) Ordinance, 1949. ### 5. The Udaipur City Municipal Act (Second Amendment) Ordinance, 1949. ### 6. The Jodhpur Municipal Act (Amendment) Ordinance, 1949. ### 7. The Rajasthan Public Security (Amendment) Ordinance, 1950. ### 8. The Jaipur State Grants Land Tenures Act (Amendment) Ordinance, 1950. ### 9. The Rajasthan Ordinances (Amendment) Act, 1950. ### 10. The Jaipur District Boards (Amendment) Act, 1950. ### 11. The Udaipur City Municipal (Amendment) Act, 1950. ### 12. The Bikaner Municipal (Amendment) Act, 1950. ### 13. The University of Rajputana (Amendment) Act, 1950. ### 14. The University of Rajputana (Second Amendment) Act, 1950. ### 15. The Rajasthan Drugs Control Ordinance (Amendment) Act. 1950. ### 16. The Jodhpur Municipal (Amendment) Act, 1951. ### 17. The Jaipur Entertainments Tax (Amendment) Act, 1951. ### 18. The Bharatpur Compulsory Redemption of Agricultural Land (Amendment) Act, 1951. ### 19. The Rajasthan Excise (Amendment) Act, 1951 ### 20. The Rajasthan Civil Courts Ordinance (Amendment) Act, 1951. ### 21. The Udaipur City Municipal (Amendment) Act, 1951. II. Former Rajasthan State ### 22. The United State of Rajasthan Protection of Tenants Ordinance, 1948. ### 23. The United State of Rajasthan Employment of Special Forces Ordinance, 1948. ### 24. The United State of Rajasthan Extension of Laws Ordinance, 1948. ### 25. The United State of Rajasthan (Covenanting States Acts) (Amendment) Ordinance, 1948. ### 26. The United State of Rajasthan Criminal Law Amendment Ordinance, 1948. ### 27. The United State of Rajasthan Goondas Ordinance, 1948. ### 28. The United State of Rajasthan Khetaid Kumbhars Nata Circular (Mewar) Repealing Ordinance, 1948. ### 29. The United State of Rajasthan Special Tribunals Ordinance, 1948. ### 30. The United State of Rajasthan Validation of Certain Orders (Bhim District) Ordinance, 1948. ### 31. The United State of Rajasthan Repeal of Hali and Muzdoor Laws and Circulars Ordinance, 1948. ### 32. The United State of Rajasthan Udaipur City Municipal Act (Amendment) Ordinance, 1948. ### 33. The United State of Rajasthan Jagirdars (Abolition of Powers) Amendment Ordinance, 1949. ### 34. The United State of Rajasthan Vegetable Oil Products Prohibition of Import and Manufacture (Amendment) Ordinance, 1949. ### 35. The United State of Rajasthan Jagirdars (Abolition of Powers) Second Amendment Ordinance, 1949. III. Former Matsya State ### 36. The Matsya Premises (Requisition land Eviction) Ordinance, 1948. ### 37. The University of Rajputana (Amendment) Ordinance, 1948. ### 38. The Matsya Essential Services (Maintenance) Amendment Ordinance, 1948. IV. Former Alwar State ### 39. The Alwar State Official Secrets Act, 1919. ### 40. The Alwar State Village and Small Towns Patrol act, 1935. ### 41. The Restriction of habitual Offenders (Alwar) Act, 1935. ### 42. The Alwar State Registration of Public Associations Act, 1949. ### 43. The Essential Services Maintenance Ordinance, 1941. ### 44. The Emergency Measures Ordinance, 1942. ### 45. The Penalties (Enhancement) Ordinance. 1942. ### 46. The Collective Fines Ordinance, 1942. ### 47. The Motor Vehicles Drivers Ordinance, 1942. ### 48. The Special Criminal Courts Ordinance, 1942. ### 49. The Alwar State Goondas Act, 1946. ### 50. The Alwar State Emergency Provisions (Continuance) Act, 1946. ### 51. The Alwar State Requisitioned Land (Continuance of Powers) Act, 1946. ### 52. The Alwar State Disturbed Areas Act, 1947. ### 53. The Alwar State Supervision of Un-protected Properties Ordinance, 1947. V. Former Banswara State ### 54. The Child and Unequal Marriage Act, 1938. ### 55. The Dapa Restriction Act, 1940. VI. Former Bharatpur State ### 56. The Bharatpur State Public Societies Act, 1941. ### 57. The Bharatpur State Social Reforms Act, 1926. VII. Former Bikaner State ### 58. The Bikaner Hindu Marriage Act, 1928. ### 59. The Bikaner Municipal (Amendment) Act, 1928. ### 60. The Bikaner State Prevention of Adulteration (Amendment) Act, 1939. ### 61. The Bikaner Municipal (Amendment) Act, 1940. VIII. Former Bundi State ### 62. The Bundi Criminal law Amendment Act. 1936. ### 63. The Penalties (Enhancement) Ordinance, 1942. ### 64. The Motor Vehicles (Drivers) Ordinance, 1942. ### 65. The Collective Fines Ordinance, 1942. ### 66. The Indian Standard Time (Interpretation of Reference) Ordinance. 1943. ### 67. The Special Criminal Courts (Repeal) Ordinance, 1943. ### 68. The Cotton Cloth and Yarn (Contracts) Ordinance, 1944. ### 69. The Requisitioned Land (Continuance of Powers) Ordinance, 1946. ### 70. The Emergency Provisions (Continuance) Ordinance, 1946. ### 71. The Repealing Ordinance, 1946. IX. Former Dholpur State ### 72. The Dholpur Goondas Act, 1942. X. Former Dungarpur State ### 73. The Dungarpur Dapa Rules, 1939. ### 74. The Dungarpur Rasta Chaukidar Act, 1921. XI. Former Jaipur State ### 75. The Jaipur Laws Act, 1923. ### 76. The Jaipur Prevention of Molestation Act, 1939. ### 77. The Jaipur Official Secrets Act, 1940. ### 78. The Civic Guards Ordinance, 1942. ### 79. The Penalties Enhancement Ordinance, 1942. ### 80. The Collective Fines Ordinance, 1942. ### 81. The Special Criminal Courts (Repeal) Ordinance, 1943. ### 82. The Jaipur Quillas Act, 1943. ### 83. The Cotton Cloth and Yarn (Contracts) Act, 1944. ### 84. The Repealing Ordinance, 1946. ### 85. The Jaipur Requisitioning of Land (Continuance of Powers) Act, 1947. ### 86. The Jaipur Emergency Provisions (Continuance) Act, 1947. ### 87. The Repealing Act, 1947. ### 88. The Jaipur Tenancy (Amendment) Act, 1947. ### 89. The Jaipur Requisitioning of Land (Continuance of Powers) Amendment Act, 1948. ### 90. The Jaipur Revenue Laws (Amendment) Act, 1948. ### 91. The University of Rajputana (Amendment) Act, 1948. ### 92. The Jaipur Requisitioning of Land (Continuance of Powers) Second Amendment Act. 1948. ### 93. The City of Jaipur Municipal (Amendment) Act 1948. ### 94. The Jaipur State Grants Land Tenures (Amendment) Act, 1948. ### 95. The Jaipur Entertainments Tax (Amendment) Act, 1948. ### 96. The Jaipur Special Measures Ordinance, 1948 XII. Former Jaisalmer State ### 97. The Emergency Provisions Continuance Ordinance, 1946. ### 98. The Jaisalmer Imports and Exports Control Act, 1948. XIII. Former Jhalawar State ### 99. The Jhalawar Goondas Act, 1932. XIV. Former Jodhpur State ### 100. The Marwar Patta (Amendment) Act, 1946. ### 101. The Marwar Escheat of Property (Amendment) Act, 1947. ### 102. The Marwar Law of Pre-emption (Amendment) Act, 1947. ### 103. The Repealing Ordinance, 1947. ### 104. The Marwar Factories (LicensingO Act, 1947. ### 105. The Marwar Enactments Validating Act, 1948. ### 106. The Marwar Famine (Suspension of Proceedings in Courts) Act, 1948. ### 107. The Marwar Jagirdars Judicial Powers Abolition Act, 1948. ### 108. The Marwar Requisition of Land Act, 1948. ### 109. The University of Rajputana (Marwar Amendment) Act, 1948. ### 110. The Marwar Adaptation of Laws Act, 1949. ### 111. The Marwar District Municipal boards (Constitution) Act, 1949. ### 112. The Marwar Finance (Repeal) Act, 1949. ### 113. The Marwar Goondas Act, 1949. XV. Former Karauli State ### 114. The Karauli State Social Reforms (Samajik Sudhar) Act, 1940. ### 115. The Karauli Maintenance of Public Order Act, 1947. XVI. Former Kishangarh State ### 116. The Kishangarh Requisitioning Act. 1947. XVII. Former Kotah State Nil. XVIII. Former Mewar State ### 117. The Agriculturists Relief (Amendment) Act, 1942. ### 118. The Administration of Pending Estates (Amendment) Act, 1942. ### 119. The Mewar hoarding and Profiteering Prevention Act, 1944. ### 120. The Mewar Hoardings and Profiteering Prevention (Amendment) Act, 1944. ### 121. The Mewar prevention of Adulteration (Amendment) Act, 1944. ### 122. The Proceedings of Special Commission Validating Act, 1944. ### 123. The Mewar Compulsory Deposits (Amendment) Act, 1945. ### 124. The Mewar Process Fees Act, 1945. ### 125. The Mewar Registration of Births and Deaths (Amendment) Act, 1945. ### 126. The Mewar Maintenance of Public Order Act, 1947. ### 127. The Mewar Requisitioning Act, 1947. ### 128. The Udaipur City Municipal (Amendment) Act, 1947. ### 129. The Mewar Revenue Code (Amendment) Act, 1948. ### 130. The Mewar Criminal Law Amendment Act, 1948. XIX. Former Partabgarh State Nil. XX. Former Shahpura State Nil. XXI. Former Sirohi State ### 131. The Sirohi Public Societies Act, 1939. XXII. Former Tonk State Nil.

65b9d368ab84c7eca86ea17e

acts

State of Madhya Pradesh - Act ------------------------------- The M.P. Ashaskiya Shikshan Sanstha (Adhyapak Tatha Anya Karmachari) Appeal Rules, 1978 ----------------------------------------------------------------------------------------- MADHYA PRADESH India The M.P. Ashaskiya Shikshan Sanstha (Adhyapak Tatha Anya Karmachari) Appeal Rules, 1978 ========================================================================================= Rule THE-M-P-ASHASKIYA-SHIKSHAN-SANSTHA-ADHYAPAK-TATHA-ANYA-KARMACHARI-APPEAL-RULES-1978 of 1978 -------------------------------------------------------------------------------------------------- * Published on 17 October 1978 * Commenced on 17 October 1978 The M.P. Ashaskiya Shikshan Sanstha (Adhyapak Tatha Anya Karmachari) Appeal Rules, 1978 Published vide Notification No. 73-31-78-1-9-20, dated 17-10-1978, Madhya Pradesh Gazette (Extraordinary) , dated 18-10-78, page 2315 In exercise of the powers conferred by clause (e) of sub-section 10 (2), Section read with proviso to the sub-clause (iii) of clause (a) of Section 6 of the Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978 (No. 20 of 1978), the State Government hereby makes the following rules, namely :- ### 1. (1) These rules may be called The Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapak Tatha Anya Karmachari) Appeal Rules, 1978. (2) They shall come into force on the date of their publication in the Madhya Pradesh Gazette. ### 2. In these rules "Act" means the Madhya Pradesh Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ke Vetano Ka Sandaya) Adhiniyam, 1978 (No. 20 of 1978). ### 3. The memorandum of appeal under the proviso to sub-clause (iii) of clause (a) of Section 6 of the Act, shall be accompanied by a true copy of the order appealed against. The memorandum of appeal shall state clearly the ground on which the order appealed against is challenged. ### 4. The appellant may submit an application to the appellate authority requesting for staying the operation of the order appealed against pending the disposal of the appeal. ### 5. The appellate authority may, in its discretion, stay the operation of the order appealed against for reasons to be recorded in writing. ### 6. On receipt of the memorandum of appeal, the appellate authority shall call for the record of the case in which the order appealed against has been passed. ### 7. After the receipt of the record, the appellate authority shall fix a date for hearing of the parties and give a notice thereof to the management of the institution and also the appellant intimating that they may, if they choose, appear either in person or through an authorised representative on the date fixed for hearing. ### 8. A copy of memorandum of appeal shall be sent to the management alongwith the notice. ### 9. The appellate authority shall, after hearing the parties, and examining the record pass an order in writing, either setting aside or confirming or modifying the order appealed against. ### 10. The appellate authority while passing the order shall keep in view the following matters :- (a) Whether prior approval of the competent authority was obtained before the order appealed against was passed; (b) Whether a charge-sheet containing specific charges alongwith the Statement of allegations on which the charges are based and the list of documents produced in evidence against the appellant, was given to the appellant; (c) Where the appellant was given an opportunity to submit written statement in his defence; (d) Whether an opportunity was given to the appellant to cross-examine the witnesses produced against the appellant; (e) Whether the appellant was given an opportunity to study the documents produced in evidence against; (f) Whether the appellant was given an opportunity to produce documents in support of his case and whether he was given an opportunity to produce his witnesses; (g) Whether the appellant was given a personal hearing by the Inquiring Authority before concluding the enquiry; (h) Whether a notice to show cause why the penalty imposed on him should not be imposed was given to the appellant and whether he was given an opportunity to explain as to why the penalty should not be imposed; (i) Whether on the basis of the evidence adduced during the course of the enquiry, the conclusion as to the proof of the charges is justified or not; (j) Whether the penalty imposed is commensurated with the nature of default; (k) Whether the order appealed against was passed in accordance with the rules and bye laws of the institution to which the delinquent person belongs; and (l) Whether provisions of the concerned laws, rules, regulations, ordinances, and statutes which are applicable to the institution have been observed while conducting the enquiry proceedings and making the order appealed against.

65b973a5ab84c7eca86e91af

acts

State of Punjab - Act ----------------------- Punjab State Electricity Regulatory Commission State Advisory Committee Regulations, 2005 ------------------------------------------------------------------------------------------- PUNJAB India Punjab State Electricity Regulatory Commission State Advisory Committee Regulations, 2005 =========================================================================================== Rule PUNJAB-STATE-ELECTRICITY-REGULATORY-COMMISSION-STATE-ADVISORY-COMMITTEE-REGULATIONS-2005 of 2005 ------------------------------------------------------------------------------------------------------- * Published on 7 March 2005 * Commenced on 7 March 2005 Punjab State Electricity Regulatory Commission State Advisory Committee Regulations, 2005 Published vide Punjab Government Notification No. PSERC/Secy./Regulation 15 dated 7.3.2005 The Punjab State Electricity Regulatory Commission No. PSERC/Secy./Regulation 15. - In exercise of powers conferred under Section 87 read with Section 181 of the Electricity Act, 2003 (36 of 2003) and all other powers enabling it in that behalf, the Punjab State Electricity Regulatory Commission hereby makes the following Regulations for establishment and functioning of the Punjab State Advisory Committee. ### 1. Short title and commencement. (1) These Regulations may be called the Punjab State Electricity Regulatory Commission (State Advisory Committee) Regulations, 2005. (2) These Regulations shall come into force from the date of their publication in the official gazette. (3) These Regulations shall extend to the whole of the State of Punjab. ### 2. Definitions. - In these Regulations, unless the context otherwise requires :- (a) "Act" means the Electricity Act, 2003; (b) "Commission" means the Punjab State Electricity Regulatory Commission; (c) "Committee" means the Punjab State Advisory Committee; (d) "State" means the State of Punjab; and (e) Words and expressions used and not defined herein but defined in the Act shall have the meaning assigned to them in the Act. ### 3. Constitution of the Committee. (1) The Commission may, by notification, establish with effect from such date as it may specify in such notification, a Committee to be known as the State Advisory Committee. (2) The Committee shall consist of not more than twenty one Members to represent various interest groups in the State as outlined in Section 87(2) of the Act. Preference shall be given to the representatives with a significant understanding of the electricity sector from amongst the following sectors. (i) Licensees and Generating Companies (ii) State Transmission and Distribution Utilities or the Board (iii) Commerce (iv) Industry (v) Transport (vi) Agriculture (vii) Labour (viii) Consumers (ix) Non-Government Organisations (x) Academic and Research bodies ### 4. Selection and Appointment of Committee Members. (1) The Commission shall appoint the candidates to serve on the Committee, after consultation with the Government/individuals/representative organizations/bodies of such interest groups as the case may be. The Commission may choose to limit the number of Members to be nominated in each sector depending upon the importance of relationship the concerned sector bears with the electricity industry. (2) The Members of the Committee shall be nominated for a period of one year which may further be extended at the discretion of the Commission. The Commission shall have the power to re-nominate any Member on expiry of his/her term. (3) The Chairperson of the Commission shall be the ex-officio Chairperson of the Committee and Members of the Commission, the Secretary to Punjab Government in-charge of the Ministry or Department dealing with consumer affairs and public distribution system shall be the ex-officio Members of the Committee. (4) A Member other than the ex-officio Member, who fails to attend three consecutive meetings of the Committee shall forthwith cease to be a Member of the Committee. ### 5. Secretary of the Committee. - The Secretary of the Commission shall be the ex-officio Secretary to the Committee. He shall not be eligible for any extra remuneration on account of this additional work. ### 6. Objects of the Committee. - The objects of the State Advisory Committee shall be to advise the Commission on :- (i) major questions of policy; (ii) matters relating to quality, continuity and extent of service provided by the licensees; (iii) compliance by licensees with the conditions and requirements of their licence; (iv) protection of consumer interests; (v) energy supply and overall standards of performance by utilities; and (vi) any other matter which the Commission may refer specifically. ### 7. Conduct of Proceedings of the Committee. - The proceedings of the Committee shall be governed by the following :- (1) It shall be the duty of the Secretary to arrange to convene the meetings of the Committee with the permission of the Chairperson and to give to the Members thereof, unless otherwise specifically directed by the Chairperson, not less than 14 days' notice in writing of the date, time and place of the proposed meeting. The notice will also contain the agenda and connected papers, if any, of the meeting. (2) The proceedings of every meeting of the Committee shall be recorded in a minute book to be kept for the purpose and shall be signed by the Chairperson of the meeting. This will be read in the next meeting for the information of the Members. The record of proceedings shall be open for inspection to the Members of the State Advisory Committee. (3) The Committee shall meet at least once in every six months or at such interval and at such places as may be decided by the Commission. (4) The Chairperson of the Commission shall preside over every meeting of the Committee. In his absence, senior-most Member of the Commission shall act as the Chairperson of the meeting. (5) All meetings of the Committee shall be held at the office premises of the Commission at Chandigarh, unless the Commission otherwise notifies. (6) The quorum at the meeting of the Committee shall be one-third of the total membership of the Advisory Committee including the ex-officio Members. If there is no quorum within 30 minutes of the time notified for a meeting, the Chairperson may adjourn the meeting to a specified time. No further notice need be given for an adjourned meeting and also no quorum is necessary for the adjourned meeting. If at any time after a meeting is commenced, quorum ceases to exist, the meeting shall not be dissolved but shall continue. (7) No matter shall be considered at an adjourned meeting other than matters remaining from the meeting at which the adjournment took place, provided that, with or without notice, the Chairperson may bring, or direct to be brought, any new matter which in his opinion is urgent, before an adjourned meeting of the Advisory Committee. (8) No proceedings of the Committee shall be invalid by reason solely of vacancies existing in the Committee, or by reason of non-receipt of the notice or the agenda paper, provided the notice and agenda were duly issued, or by reason of any procedural irregularity in the conduct of proceedings of the meeting. (9) A notice shall be deemed duly issued if it is sent by post or by messenger, within the prescribed time to the registered address of a Member. (10) The discussions in the meeting and consequent conclusions, if any, taken at the meeting shall strictly follow the agenda, scheduled for the meeting. Only the Chairperson can bring in additional matters to the agenda at the end of the meeting. (11) Attendance by proxy shall not be permitted at the meeting of the State Advisory Committee. (12) The Chairperson, during any meeting, may direct any Member of the Committee whose conduct at the meeting is, in the Chairperson's opinion, disorderly, to withdraw. Any such Member so ordered shall be deemed to have withdrawn from the meeting, whether or not he physically withdraws. (13) In case not expressly provided for in these Regulations for the conduct of meetings, the decision of the Chairperson on all matters relating to the conduct of proceedings during the meeting shall be final. ### 8. Fees and Travelling Allowance for Members of the Committee. (1) A Committee Member or an invitee who is a Government officer or an employee/officer of a Public Sector Undertaking shall draw travelling and daily allowance from his parent department/organization as per his entitlement there. (2) A Member of the State Advisory Committee or an invitee who is not a Government servant, or employee of a Public Sector Undertaking shall be entitled to receive for each day on which meeting is held and he is present, a travelling allowance at the rate admissible to Grade-I officer of the State Government and a sitting fee of Rs. 500/- (Rs. Five hundred) only. ### 9. Resignation of Member. - Any Member of the Committee other than an ex- officio Member may, by written communication, addressed to the Secretary of the Commission resign his office as Member of the Committee and it shall come into effect from the day the Chairperson of the Commission accepts the same. ### 10. Recommendation of the Committee not binding on the Commission. - The recommendations or advice of the State Advisory Committee shall not be binding on the Commission. ### 11. Miscellaneous. (1) The Chairperson may invite any person who is not a Member of the State Advisory Committee as a special invitee to aid and assist the Members of the State Advisory Committee on any matter on the agenda of its meeting. (2) Subject to the provisions of the Electricity Act, 2003 and these Regulations, the Commission may, from time to time, issue orders and practice directions in regard to the implementation of these Regulations and procedure to be followed on various matters. (3) The Commission may, at any time, add, vary, alter, modify or amend any of the provisions of these Regulations. (4) If any difficulty arises in giving effect to any of the provisions of these Regulations, the Commission may, by general or special order, do or undertake or permit the Committee to do or undertake things which in the opinion of the Commission are necessary or expedient for removing the difficulties. (5) These Regulations shall supersede the earlier guidelines framed by the Commission for establishment and functioning of the State Advisory Committee. --------

65b9a4a1ab84c7eca86e987a

acts

State of Haryana - Act ------------------------ The Punjab State Aid to Industries Rules, 1936 ------------------------------------------------ HARYANA India The Punjab State Aid to Industries Rules, 1936 ================================================ Rule THE-PUNJAB-STATE-AID-TO-INDUSTRIES-RULES-1936 of 1936 ------------------------------------------------------------ * Published on 23 January 1937 * Commenced on 23 January 1937 The Punjab State Aid to Industries Rules, 1936 Published vide Punjab Government Notification No. 42-1 and L-37/2766, dated 23rd January, 1937 ### 1. (1) These rules may be called the Punjab State Aid to Industries Rules, 1936. (2) In these rules words and expressions have the same meaning as in the State Aid to Industries Act, 1935. (3) The 'Act' means the Punjab State Aid to Industries Act, 1935. (4) [Omitted by Haryana Notification No. GSR 50/PA/5/35/Section 46/Amd. (2) dated 1.5.1980.] (5) 'Section' means a section of the Act. (6) [ "Short terms loan" means a loan, not exceeding five thousand Rupees, which may be advanced for a period not exceeding six months to a person or firm running [an industry] [Added by Haryana Notification No. GSR 25/PA/5/35/Section 46/Amd. (1) 168 dated 26/3/1968.] in a shed in any Industrial Estate in the State of Haryana rented out or given on hire purchase for the purchase of raw materials, etc. required in connection with, [the industry] [Substituted for the words 'a small scale industry' vide G.S.R. 12 PA/5/35/Section 46/Amd. (1) 78 dated 3-2-1978.] .] ### 2. Appointment of member elected by the Chamber of Commerce. - In the case of appointments to be made under clauses [ - ] [Omitted by Punjab Government notification No. G.S.R. 98/P.A.5/35/Section 46/Amd. (7) /66, dated 22nd April, 1966.] (f) and (g) of sub-section (1) of section 3 of the Act, the Secretary of the [Board] [Substituted for 'Board of Industries' by Haryana Notification No. G.S.R. 50/P.A.5/35/Section 46/Amd.(4) /80, dated 1.5.1980.] shall call on the Secretaries of the Chambers concerned to submit the name of the member who has been elected to represent the Chamber at the Board. [Sections (2) and 46(2)(a)] ### 3. [ Travelling Allowance. [Substituted by Punjab Government Notification No. 3199-I&C-51/1456, dated 13th May, 1951.] [Sections 10 and 46(2) (h).] - For attending meetings of the Board, the members of the Board or of its Sub- Committee including co-opted members, who are not Government servants and who do not ordinarily reside at he headquarters of Government, shall be paid travelling allowance and halting allowance at the rates fixed for Government servants of Grade I, drawing pay not exceeding Rs. 1,500. Government servants will, however, draw travelling and daily allowance admissible to officers of their grade under the rules in force.] [Provided that the members of the Legislative Assembly will draw travelling allowance and halting allowance as admissible under the Haryana Legislative Assembly (Allowances and Pension of Members) Act, 1975, and the rules made thereunder.] [Added by Haryana Notification G.S.R. 50/P.A.5/35/Section 46/Amd.(4) /80, dated 1.5.1980.] ### 4. [ Application for State Aid. - (a) Loans and supply of machinery on hire purchase system. [Substituted by Punjab Government Notification No. 5770-3CB/S.-57/12391, dated 20th June, 1957.] - An application for a loan by an individual or a firm, co-operative society or company, shall be submitted to the Director of Industries, Punjab, on the prescribed form 'A' appended to these rules and shall contain a declaration signed by the applicant and in case of a Firm, Co-operative Society or Company by an authorised partner of a Firm, the Chairman or President or Manager or Secretary of a Co-operative Society and the Managing Director or Managing Agent of a Company to the effect that the statements made therein are true to the best of his/their knowledge and belief.] (aa) [ Application for subsidy for leather industry. - An application for subsidy shall be submitted to the Director of Industries in form 'AA' appended to these rules by an individual, a partnership firm or a Joint Hindu Family through the District Industries Officer or the Assistant District Industries Officer holding independent charge of the district concerned and by a Co-operative society through the Assistant Registrar, Co-operative Societies concerned and shall contain a declaration signed by the applicant in the case of an individual, by the authorised partner of a firm, by Karta of a Joint Hindu Family and by the Chairman or President or Manager or Secretary of a Co-operative Society to the effect that the statements made therein are true to the best of his/their knowledge and belief] [Inserted by Haryana Notification No. GSR 102/PA5/35/Section 32 dated 15.9.1978.] . (b) Application for other forms of State Aid. - The Director of Industries Haryana shall be authorised to prescribe from time to time any other application form for other forms of State Aid generally or in individual cases. [\*\*\*\*] [Sub-rule (b) omitted by Punjab Government Notification No. G.S.R. 98/P.A.5/35/Section 46/Amd.(7)/66, dated 22nd April, 1966.] ### 4A. [ Priority for Grant of further loan in certain cases. [Inserted by Haryana Government Notification No. GSR 102/HAS/35/Section 32, dated 15.9.1978.] - Those who have properly utilised the amount of subsidy for the development of leather industry already granted, shall be considered for the grant of a further loan upto Rs. 1,55 for being utilized as working capital, in preference to others]. ### 5. Delegation of Powers. - [(1) A loan may be sanctioned by the following officers within their respective jurisdiction and up to the limit mentioned against each :- | | | | | --- | --- | --- | | Name of the officer | | Limit upto which loan (together with the loan or loans already granted to the same person) may be sanctioned. | | (a) Director | | One lakh rupees. | | (b) Additional Director of Industries Joint Director of Industries. | | Fifty Thousand rupees | | (c) General Manager, District Industries Centre Project Officer Industries / District Industries Officer / Industrial Promotion Officer holding independent charge of the District. | | Ten thousand rupees | ### 2. Notwithstanding anything contained in sub-rule (1) , an interest-free loan under Chapter II of these rules may be sanctioned by the following officers within their respective jurisdiction up to the limit and extent mentioned against each : | | | | | --- | --- | --- | | Name of the officer | | Limit up to which loan (together with the loan or loans already sanctioned to the same person) may be sanctioned. | | (i) Director | | tow lakh and fifty thousand rupees. | | (ii) Additional Director of Industries Joint Director of Industries. | | Fifty thousand rupees. | | (iii) General Manager, District Industries Centre / Project Officer Industries / District Industries Officer / Industrial Promotion Officer holding Independent Charge of the District. | | Ten thousand rupees | (A list of loan application sanctioned up to ten thousand rupees under sub- rules (1) and (2) shall be put up by the Director before the Board of Industries in the next meeting).] [Sub-rule (1) and (2) substituted Haryana Notification No. G.S.R. 51/P.A.5/35/Section 46/Amd.(3)/80, dated 1.5.1980.] (3) [ The authority competent to sanction a loan as specified in sub- rule (i) may permit, for sufficient reasons to be recorded in writing, utilisation of the loan for an industry other than the one for which it was given or a change in the purpose for utilisation of the loan for the same industry or a change in the constitution of the loanee firm/society or a change in the venue of the industry of the loanee; Provided that the surety of the loanee consents to such change or, in the alternative, loanee gives the security afresh against the outstanding balance of the loan together with the interest accrued thereon] [Added vide Haryana Notification No. GSR 211/PA 5/35/Section 46 Amd. 4/77 dated 2-12-1977.] . ### 6. [ Form of Deed. [Substituted by Punjab Government notification No. 5770-3CB-S-57/12391, dated 10th June, 1957.] - The form of deed to be executed for a loan against the mortgage of immovable property of the applicant/applicants shall be in form 'B' but in a case where a surety/an applicant and or his have/has been offered immovable property as security, it shall be in form 'C'. The form of deed of a loan against the personal security of the [applicant/applicants and his/their surety] shall be in Form 'D' while the form of deed for a loan to a Co-operative Society shall be in Form 'E'. The form of deed for loan to the purchasers of plots under the scheme for the Development of Industries in [or outside] [Inserted by Punjab Government notification No. 1214-2CB-58/3633, dated 14th April, 1959.] the Industrial Area of Punjab shall be in Form 'F'. The deed for a loan under the scheme for the provision of Factory Accommodation shall be in Form 'J'. The agreement deed for a loan to an applicant who has yet to purchase a plot under the scheme for the provision of Factory Accommodation shall be in firm 'K' and the applicant shall have to execute a mortgage deed in Form 'L' as soon as the plot is purchased. The form of deed for loan under the scheme for the conversion of handlooms into powerlooms shall be in firm 'M'.] [The form of deed for further loan to the purchasers of plots who have already taken a loan under the scheme for Development of Industries in [or outside] [Added by Punjab Government notification No. 1025-3CB(CH) -58/11143, dated 24th April, 1958.] the Industrial Areas of Punjab and under the provisions of Punjab State Aid to Industries Act, 1935, and the rules made thereunder shall be in form 'N'.]. [The form of deed for further loan against security of property already under mortgage with the Government against the loan already taken under or the provision of Punjab State Aid to Industries Act, 1935, and rules made thereunder, shall be in Form 'O'.] [Inserted by Punjab Government notification No. 557-(S) -2CB-59/4344, 27th February, 1959.] . [The form of bond to be executed by the Borrower viz Scheduled Castes (Harijans) for a loan of 2000/- shall be inform ['P'] [Haryana Notification No. G.S.R. No. 220 P. 5/35/Section 46 Amd. dated 22-9-1964.] . [The form of deed to be executed for a short term loan against the personal security of the applicant/applicants and the material stocked by him/them with the District Industries Officer concerned shall be in Form 'Q'.] [Inserted F vide Notification No. GSR. 25/P.A. 5/35/Section 46/Amd 168, dated 26-3-1968.] [The form of deed to be executed for a loan exceeding five thousand rupees, but not exceeding fifty thousand rupees for the purchase of machinery against the personal security of the applicant/applicants and his their surety and the security of the machinery whether existing or to be purchased with the loan shall be in Form 'R' and the applicant/applicants shall have to execute a mortgage deed in Form 'S'.] [Inserted vide Haryana Notification No. GSR. 25/P.A. 5/35/Section 46/Amd 168, dated 26-3-1968.] [The form of deed to be executed for a further loan to be taken by the applicant against his property and the property of the sureties already mortgaged with the Government shall be in Form 'U'.] [Inserted vide Haryana Notification No. GSR. 154/P.A. 5/35/Section 46/71 dated 11- 12-1971.] [The form of application for loan in lieu of inter-State Sales Tax by an eligible Industrial unit shall be in Form 'V'. The form in which the assessing authority has to issue certificate regarding the amount of Tax paid/payable by the unit shall be in Form 'W'. The form of agreement for repayments of the aforesaid loan, shall be in Form 'X'] [Inserted vide Haryana Notification No. GSR-269/P.A. 5/35/Section 46/72 dated 1-12-1972.] . [The form of Bond in respect of the subsidy granted under Chapter III shall be in Form BB.] [Added vide Haryana Government Notification GSR 102/PA5/35 Section 46/78 dated 15.9.1978.] ### 7. Nature and amount of security. (1) The security for the repayment of the loan or the price of machinery supplied on the hire-purchase system and all interest due thereon and for the due fulfilment of the conditions of any loan or for the unpaid balance of the cost of the machinery granted under the hire-purchase system shall be as follows :- (a) [ a mortgage on all the fixed assets of the industrial concern, including book debts the premises and machinery, whether existing or to be purchased with the land or any portion thereof, provided that the estimated value of such assets is in the opinion of the Director of Industries not less than 1 ½ times the amount of the loan or the unpaid balance of price of the machinery, together with the personal security of the applicant; or] [Substituted by Punjab Government notification No. 303-I & C- 54/18789/A, dated 3rd April, 1954.] (b) a mortgage on immovable property of the applicant or of his surety or sureties, if any, of a value equal in the opinion of the Director of Industries, to not less than 1 ½ times the amount of the loan, or the unpaid balance of the price of the machinery, together with the personal security of the applicant; or (bb) [] [Clause (bb) added by Punjab Government Notification No. G.S.R. 279/P.A.5/35/Section 46/Amd.(5)/56, dated 23rd November, 1965 Omitted by Haryana Notification G.S.R. 50/P.A.5/35/Section 46/Amd.(4)/80, dated 1.5.1980.] (c) a charge on any security or securities on which a trustee would be competent to invest trust money under section 20 of the Indian Trusts Act, 1882, equal to not less than 1 ½ times the amount of the loan, together with the personal security of the applicant; or (d) all or any two of the securities mentioned in (a), (b) and (c), above, provided that the gross value of such securities is in the opinion of the Director of Industries, equal to not less than 1 ½ times the amount of the loan, together with the personal security of the applicant and his surety or sureties; if any. (e) [ in the case of loan not exceeding ten thousand rupees, personal security of the applicant and one solvent surety for double the amount of loan rendered to the satisfaction of the sanctioning authority.] [Substituted Haryana Notification No. G.S.R. 51/P.A.5/35/Section 46/Amd.(3) /80, dated 1.5.1980.] (ee) [] [Omitted by Haryana Notification No. G.S.R. 50/P.A.5/35/Section 46/Amd.(4) /80, dated 1.5.1980.] (eee) [ In the case of loan exceeding five thousand rupees to a small scale Industrial unit, a mortgage on immovable property of the applicant or of his surety of a value equal to the amount of the loan, together with one surety solvent for equal amount of the loan, required to the satisfaction of the Director of Industries or the District Industries Officer concerned as the case may be.] [Inserted Vide Haryana Government Notification No. GSR. 6/P.A. 5/Section 46/71, dated 19.11.1971.] (f) [ In the case of an applicant for loan for an amount not exceeding [ten thousand rupees] [Added by Punjab Government notification No. 12368-INC-55/72505, dated the 1th November, 1955.] by a Co-operative Society established, inter alia, with the object of facilitating the operations connected with an industry and duly registered under Punjab Co-operative Societies act, [1961] [Substituted by Punjab Government notification No. G.S.R. 98/P.A.5/35/Section 46/Amd.(6) /66, dated the 22nd April, 1966.] , no security shall be required, provided that the liability of the members of the Society in accordance with its bye-laws or the rules made under the said Act, is not less than twice the amount of the loan applied for.] (g) [ in the case of loan not exceeding Rs. 1,000/- personal bond, in Form P, rendered to the satisfaction of the General Manager, District Industries Centre/District Industries Officer/Assistant District Industries Officer holding independent charge of the district concerned, as the case may be.] [Substituted Vide Notification No. GSR. 50/P.A. 5/35/Section 46/Amd. 2/80, dated 1.5.1980.] (h) [ in case of loans not exceeding Rs. 2,000 applied for by the person belonging to the Scheduled Castes (Harijans), (on their executing a bond) to the satisfaction of the Director of Industries, Punjab, the District Industries Officer concerned or the Assistant District Industries Officer holding independent charge of the District, or the Project Officer (Industries) concerned, as the case may be, provided the loan is granted having regard to the training and experience of the applicant and his actual engagement in the trade, and the second and subsequent instalments are released after verification of the utilization of the instalment or instalments released previously.] [Clause (h) added by Punjab Government notification No. G.S.R. 22/P.A.5/35/Section 46/Amd.(3)/64, dated the 26th September, 1964.] (i) [ In case of short term loans, personal security of the applicant, applicants rendered to the satisfaction of the District Industries Officer and the material to be purchased with the loan to be stocked within the charge and supervision of the District Industries Officer concerned at the cost and risk of applicant/applicants. The material so stocked shall be released to the borrower according to his requirements and on his demand against payment in cash or an equivalent amount of loan with interest thereon upto the date of lifting the part or whole of the material] [Inserted vide No. G.S.R. 25/P.A. 5/35/Section 46 Amd.(1) /168, dated 26.3.1968.] . (j) [ In case of loans exceeding five thousand rupees, but not exceeding fifty thousand rupees for the purchase of machinery for running [ - ] [Inserted by Haryana Notification No. G.S.R. 25/P.A. 5/35/Section 46 Amd.(1) /168, dated 26.3.1968.] industries in the Industrial Estate of Haryana, personal security of the applicant/applicants and his/their surety rendered to the satisfaction of the Director of Industries, Haryana, a mortgage on the machinery whether existing or to be purchased with the amount of loan or any portion thereof and the material within the charge and supervision of the District Industries Officer concerned at the cost and risk of applicant/applicants and an affidavit in Form 'T' from the surety who is solvent for double the amount of loan sanctioned to the applicant/applicants. The amount of loan shall be released to the borrower after the machinery is received for the installation by him.] (2) [ Notwithstanding anything contained in sub-rule (1) loans may be sanctioned by the competent authority up to 80 per cent of the security offered under any of the clauses of sub-rule (1) for the development of an Industry which has important bearing on the economic development of the State.] [Sub-rule (2) added by Punjab Government notification No. G.S.R. 220/P.A5/35/Section 46/Amd.(2)/64, dated the 22nd September, 1964.] . ### 7A. [ [Para 1 Substituted vide Haryana Notification No. 6622-41B II 75/42673 dated 11.11.1975.] (i) In the case of loan applications under the scheme for the development of Industries in or outside the Industrial Areas of Haryana loans may be advanced to the purchasers of plots up to 75 per cent of the cost of plot, factory building already constructed or to be constructed and/or machinery already installed including the cash contribution to be made by them] : Provided that in the cases for the grant of loans for construction of factory building outside the Industrial Areas the applicants shall have to furnish "No objection certificate" from the Town Planner of the area/Municipal Committee concerned to the effect that the plot in question is not situated in any restricted area and there is no objection to the construction of factory building thereon. (ii) In case of loan applications under Scheme for the provision of Factory Accommodation to the Small Scale Industrialists in the Punjab, loans may be advanced to the applicants upto 75 per cent of the cost of plot already purchased or to be purchased and/or factory building already constructed or to be constructed including the cash contribution to be made by them. ### 8. Valuation of security and assets. - The value of the assets of an applicant shall, so far as they do not consist of money, be taken to be, - (a) in the case of fixed assets acquired by purchase for cash such as land, buildings, leasehold, railway sidings, plant and machinery, development of property trade marks and designs etc., the price at which these assets were acquired, subject to proper deductions for depreciation, and such deductions shall be calculated in the case of buildings, machinery and plant at the rates fixed as allowable depreciation under sub-section (2) of section 10 of the Indian Income-tax Act, 1992, and any appreciable increase or decrease in the market value of site, machinery and buildings may also be taken into consideration; (b) in the case of fixed assets acquired by purchase otherwise than for cash, the value of the consideration at the time the assets were acquired subject to such appreciation or depreciation as may be allowed by the Board; (c) in the case of stores, spare gear or tools not taken into use, the cost price or price of replacement, whichever is less; (d) in the case of stores, spare gear and tools which have been used but are still in stock, the cost price less a proper deduction for depreciation; (e) in the case of stock in trade consisting of manufactured stock, the actual market selling price at the time of valuation less a reasonable margin or where it consist of purchased stock, the cost price or price of replacement (whichever is less), less such reasonable margin ad may be determined by the Board; (f) in the case of book debts, the nominal amount of these debts, provided that debts which are in the opinion of the Board doubtful debts and all debts which remain due and recoverable for a period of ever two years shall not be taken into consideration; (g) in the case of investments, the market value of those investments on the day on which the valuation is made; (h) in the case of any other assets which have not been acquired by purchase, the value of the assets at the time when they became asset of the business subject to proper deductions for depreciation, provided that no value shall be placed upon the goodwill, patents or secret processes of any business. ### 9. (1) The value of the assets, so far as they consist of money, shall be all cash with bankers or on hand and the value of cash in other countries shall be taken at the rate of exchange ruling on the day on which the valuation is made. (2) The value of the additional assets that will be created by the application of the loan granted by Government shall be money expended on the acquisition of immovable property and machinery of a permanent nature and on the liquidation encumbrances of the capital value of the industry. (3) The assets having been valued as above, all debts and liabilities of the business shall be deducted, other than accumulated profits and reserves and the balance shall represent the net value of the surplus of assets and shall be the value of the business for the purposes of the Act. ### 10. [(1) The evaluation of property offered as security for loans the value of [ten thousand rupees] [Sub-rules (1) and (2) substituted by Punjab Government notification No. 834-I & L.40/44217, dated 5th November, 1940.] and under, shall ordinarily be done by an officer of the Industries Department free of charge.] (i) [ for buildings in urban areas and land underneath them - | | | | | --- | --- | --- | | (a) | Upto Rs. 20,000 | General Manager, District Industries Centre on the rates approved by the PWD (B&R) Branch of the district concerned. | | (b) | Exceeding Rs. 20,000/-, | Authorised Chief Evaluators registered with the Haryana Government in consultation with General Manager, District Industries Centre of the district concerned on payment of fees approved by the Haryana Financial Corporation. | | (ii) | For land in urban areas, | District Industries Officer or the Assistant District Industries Officer holding independent charge of the District concerned and Tehsildars. | | (iii) | For land and building in rural areas | District Industries Officer or Assistant District Industries Officer holding independent charge of the District concerned and the Tehsildars of the Tehsil concerned. | | (iv) [ [Substituted Haryana Notification No. G.S.R. 51/P.A.5/35/Section 46/Amd.(3) /80, dated 1.5.1980.] | For machinery either in urban or rural areas., | General Manager, District Industries Centre/Project Officer Industries/District Industries Officer/Industrial Promotion Officer holding independent charge of the District concerned and a Gazetted Technical Officer of the Department of Industries.] | The convenor of all the four Committees shall be the District Industries Officer or the Assistant District Industries Officer, holding independent charge of the District concerned, as the case may be.] [Substituted by Haryana Notification No. G.S.R.68/P.A.24/61/Section 40/88, dated 16.9.1988.] A --- Questionmaire replies to which would be submitted by an applicant demanding a loan under the Punjab State Aid to Industries Act, 1935, for the purpose of valuation of properties offered as security. (1) Owner's name with [cast] [Substituted by Haryana Government Notification No. GSR50/PA5/35/Section 6 dated 1.5.1980.] and district giving particulars of joint owners, if any. (2) Full permanent address. (3) Amount of loan applied for and purpose for which required. (4) Is there any encumbrance on the property and has this been accepted by the Director of Industries ? (5) (a) Nature of building and the number of storeys with height of each. (b) Date of construction of each building. (6) Nature of walls with thickness and types of construction. (7) Particulars of floors. (8) Particulars of roof. (9) Plinth area of each storey, cubic contents of each storey. (10) Area of land and its market value. Has market value been verified by Revenue Officer ? (11) Total cost of land and building separately as incurred by owner. (12) Rent of building, if hired. (13) Municipal charges, if any, on the building with assessment value. (14) Cost and kind of water-supply, giving particulars of pumps, number of taps, etc. (15) Description and number of sanitary appliances. (16) Cost and detail of electric installation (number of fan, light and heating points and particulars of motors). (17) Particulars of any building nearby which has been sold recently, giving area and value with name of owner, and date of sale. (18) Particulars of any land which has been sold recently in the vicinity, its area and value and date of sale. (19) What defects, if any, exist to owner's knowledge. (20) The following plans should accompany the application :- (a) Site Plan. (b) Plan of each building, and each storey of each building. (c) Cross section and elevation of each building. Note. - Unless all the particulars requested above are correctly and the necessary plans are supplied, the papers will be returned without further action, causing delay in valuation being carried out. (3) The Director of Industries, Punjab, may in cases where it may be deemed necessary, make confidential enquiries from any bank regarding the financial standing, or the record in the bank of any person, firm or company requiring aid from Government under the Act. Such reports received from the bank shall be treated as confidential by the Director of Industries or the Board of Industries, as the case may be. ### 11. Repayment. - The interest payable on the loans advanced under the Act shall be at such rate, as may be fixed by the [State] [Substituted by the Adaptation of Laws Order, 1950 for 'Provincial'.] Government in this behalf from time to time. [Section 46(2) (q)] [Provided that the rate of interest on loans, the funds in respect of which are provided by the Government of India under the District Industries Centre Scheme or any other scheme, shall be such as may be fixed by the Government of India, from time to time.] [Inserted by Haryana Notification No. G.S.R.4/P.A.5/35/Section 46/Amd(1) /81. dated 9.9.1981.] ### 12. [ Payment of interest. [Substituted by Haryana Notification No. G.S.R. 66/P.A.5/35/Section 46/Amd.(4) /80, dated 15.5.1980.] - The interest on loans shall be payable yearly :- Provided that the interest accruing on loans granted under the Industrial Area Scheme during the first tow years shall be payable in equal annual instalments alongwith the remaining instalments of principal and yearly interest. (2) The yearly payment of interest on any loan may be for sufficient reasons to the recorded in writing be postponed for one year at one time by the person not below to the rank of the officer competent to sanction such loan. (3) The amount of interest postponed under sub-rule (2) shall be considered added to the amount of the original loan and shall bear the same interest as is charged on the principal amount and shall be recoverable in the same manner as if it had been a part of the original loan. (4) The interest, the postponed of which, is either refused for want of sufficient reasons, or the postponement of which is not applied for, shall be considered added to the amount of original loan and shall bear interest at the rate fixed by the state Government under rule 11.] ### 13. [ Repayment of loan. [Substituted by Haryana Notification No. G.S.R. 66/P.A.5/35/Section 46/Amd.(4) /80, dated 15.5.1980.] (1) Subject to the provisions of sub-rules (2) and (3) the period of complete repayment of the loan with interest due thereon, shall be seven years. The recovery shall start on the expiry of two years from the date of the payment of the loan in the following instalments :- | | | | | --- | --- | --- | | to be paid at the end of 2nd year | ... | 1/12th | | to be paid at the end of 3rd year | ... | 1/12th | | to be paid at the end of 4th year | ... | 1/6th | | to be paid at the end of 5th year | ... | 1/6th | | to be paid at the end of 6th year | ... | 1/4th | | to be paid at the end of 7th year | ... | 1/4th | (2) In cases where less than 33 per cent of the amount of loan advanced is to be utilised for the creation of capital assets, viz. land, building and machinery, and the remaining amount on working capital, recovery of the entire loan with interest due thereon, shall be effected within a period of four years in equated yearly instalments. The first instalment shall fall due on the expiry of the two years from the date of disbursement of the loan. (3) In the case of schemes, where there is a provision for the repayment of the loan with interest due thereon within a period exceeding seven years, the entire loan shall be recoverable in twelve years in equal annual instalment of the principal amount and interest as provided in rule 12. The first instalment shall fall due on the expiry of two years from the date of disbursement of the loan.] ### 13A. [ Grant of interest-free loans. [Inserted by Punjab Government notification No. G.S.R.-278 P.A.5/65/Section 46 Amd.(4) /65, dated the 23rd November, 1965.] (1) Interest-free loans may be advanced, during the period commencing from Section 17 read with date of publication of the Punjab State Aid to Industries (Amendment) Rules, 1965 in the official Gazette and ending on the 31st December, 1965, to the industrial units functioning in the districts of Amritsar, Ferozepur, Gurdaspur, Kapurthala, Jullundur and Ludhiana for the payment of wages in advance to the labour working in such units. [Section 46(2) and (q)] (2) Notwithstanding anything contained in sub-rules (a) and (b) of rule 13, the recovery of interest-free loans granted under sub-rule (1), shall start on expiry of six months from the date of disbursement thereof and the loan so advanced shall be recovered in four equal quarterly instalments : Provided that in the case of misutilisation of such loan or of default in re-payment of any instalment of such loan on due dates, the entire amount of such loan then due shall become immediately repayable along with interest at the rate of 7 ½ per cent per annum.] ### 14. [ Extention of period for repayment of loan. [Substituted by Haryana Notification No. G.S.R. 66/P.A.5/35/Section 46/Amd.(4) /80, dated 15.5.1980.] - Notwithstanding the provisions of rule 13, the repayment of the entire amount of loan or any instalment or instalments thereof may, for sufficient reasons to be recorded, in writing be extended for a period not exceeding three years by the person not below the rank of the officer competent to sanction such loan. Such instalment or amount as are due but the recovery of which is postponed under this rule, shall be considered as still forming part of the original loan and shall bear interest and be recoverable in the same manner as the original loan.] ### 14A. [ Period of repayment of loans under the schemes of the Government of India. [Inserted by Haryana Notification No. G.S.R. 96/P.A. 5/35/Section 46 Amd.(1) /81, dated 9.9.1981.] - Notwithstanding any thing contained in Rules 13 and 14, the period of repayment of the loans granted under the District Industries Centre Scheme or any other scheme of the Government of India, shall be such as specified therein.] ### 15. The borrower may repay the whole or any portion of the loan before the due date. ### 16. Notice and Declaration. (1) Every notice issued under sub-section (1) of section 23 and every order passed under section 27 of the Act may be served on the person to whom it is addressed by sending it to him at the address entered in the deed, by registered post [acknowledgement due] [Added by Haryana Government Notification No. GSR50/PA5/35/Section 6 dated 1.5.1980.] . (2) If any such notice or order is to be served on a firm, it shall be deemed to have been served on such firm, if it is delivered, or posted to, or left at the usual place of abode or business of any member of such firm in the manner prescribed in clause (1) of this rule. (3) If any such notice or order is to be served on a company it shall be deemed to have been served if it is left at, or sent by registered post to, the registered office of the company. (4) [ When any loan or instalment or interest thereon falls due and is not paid on or before the due date, the notice to be issued under section 23 shall be in form 'G' and when a loan or instalment or interest has been declared immediately repayable under section 27, the declaration under that section and the notice under section 23 shall be in form 'G-I'. The notice shall be issued under the signatures of the Director of Industries, Punjab or the Deputy Director of Industries, Punjab, or the Assistant District Industries Officer of the district concerned or the Assistant District Industries officer concerned holding independent charge in the district of the erstwhile State of Pepsu or Assistant District Industries Officer, Kulu or Assistant District Industries Officer, Simla, as the case may be.] [Substituted by Punjab Government notification No. G.S.R.- 220/P.A.5/35/Section 46/Amd.(2) /64, dated 22nd September, 1964.] [Sections 23, 24 and 46(2) (h) and (i)] ### 17. Every declaration issued under sub-section (1) of section 24 of this Act shall be in Form 'H' attached to these rules and shall be issued by the Director of Industries, Punjab [or the Deputy Director of Industries (Development), Punjab] [Added by Punjab Government notification No. 10657-I&C-55/60905, dated 13th October, 1955.] [or the District Industries Officer of the District concerned] [Added by Punjab Government notification No. 10229-3CB-56/78772, dated the 6th November, 1956.] [or the Assistant District Industries Officer concerned holding independent charge in the district of the erstwhile State of Pepsu] [Inserted by Punjab Government notification No. 7312-7CB-59/17798, dated 17th September, 1959.] [or the concerned Sub- Divisional Officer (Civil) in Lahaul and Spiti District] [Inserted by Punjab Government notification No. G.S.R.-147/P.A.5/35/Section 46/62, dated 9th August, 1962.] [or Assistant District Industries Officer, Kulu] [Added by Punjab Government notification No. 4139-4CB-60/14340, dated 16th July, 1960.] [or Assistant District Industries Officer, Simla] [Inserted by Punjab Government notification No. 7855f-4CB-60/22781, dated 14th November, 1960.] . ### 18. The period of of representation against an order issued under section 29 Section 29 of the Act for the refund of the loan shall be one month from the date of the issue of the order. [Section 29] ### 19. Supply of machinery on hire-purchase system. - No machinery shall be supplied on the hire-purchase system unless the applicant therefor deposits with the Director of Industries, Punjab, at least 10 per cent of the cost of the said machinery. [Sections 36 and 46(2) (m)] ### 20. Until the hiring is terminated, the following provisions shall apply, namely - (1) The hirer shall pay punctually without demand the instalments of rent and amount of interest as specified. (2) The amount of each instalment of rent to be paid for the hire of the machinery and the number of such instalments to be paid before the machinery [becomes] [Substituted by Haryana Government Notification No. GSR50/PA5/35/Section 6 dated 1.5.1980.] the property of the hirer shall be fixed by the Director of Industries. (3) The amount of interest, if any, to be paid, with each instalment of rent on the remaining unpaid instalments shall be fixed by the [State] [Substituted by the Adaptation of Laws Order, 1950.] Government from time to time. (4) The hirer shall retain the machinery in his own possession in good and serviceable order and condition, and shall not, without the previous written consent of the Director of Industries make any addition thereto or alteration therein, nor remove the machinery from the premises specified in the application for the supply thereof. (5) The machinery shall remain the sole and absolute property of Government and no transfer thereof or assignment of any right, title or interest therein, or the creation of any mortgage, [encumbrance or any] [Substituted by Punjab Government notification No. G.S.R. 98/PA.5/35/Section 46/Amd.(6) /66, dated 2nd April, 1966.] other charge thereon by the hirer shall be effected, and if so effected, shall be void as against Government. (6) All machinery supplied on the hire-purchase system shall, until the hiring is terminated in accordance with the Act, bear a metal plate with the following inscription :- "Notice. - This machinery is the property of the Government of the Punjab and any person who wilfully removes or defaces this plate is liable to be a fine not exceeding Rs. 500/-". (7) The hirer shall permit the Director of Industries or any person authorised by the Director of Industries in this behalf to inspect the machinery at all reasonable times, and the Director of Industries or such other person shall have all such power of entry as may be necessary for the purpose of making an inspection. [Sections 36 and 46(2)] ### 21. If the hirer makes default in paying the rent of the machine or any sum payable as interest or any other charges due from him for the supply of such machinery or fails to comply with any of the conditions contained in the agreement, or such as may be imposed, under these rules, the hiring shall be immediately terminated and thereupon the Director of Industries or any other person authorised by him in this behalf may enter the premises in which the machinery is, for the time being, kept, whether such premises belong to the hirer or not, and seize and take away the same. ### 22. The hirer may, however, be permitted to re-purchase the machinery afterwards on such terms and conditions as shall be fixed by the Director of Industries. ### 23. The authority which sanctions the supply of machinery on the hire-purchase system shall ordinarily require that Government shall be protected against the total or partial loss of such machinery from fire or any other cause by means of insurance, a mortgage of immovable property of the applicant or his surety or sureties, if any, the personal guarantee of one or more persons or in any other manner as may be deemed suitable in each case. The applicant shall further be required to execute a deed embodying such conditions as may be prescribed for the payment of the balance of the price after deducting the deposit made under Section 36 and the interest or other charges to be incurred thereon. The deed shall contain such other conditions as may be imposed by the Director of Industries in any particular case. ### 24. If any machinery supplied on the hire-purchase system is seized and taken away under section 39 of the Act and the hirer exercise his option under section 40 of purchasing the same, be shall pay, in addition to the unpaid balance of the cost thereon, and the cost of any expenses incidental to such seizure and removal, such interest on the remaining unpaid instalments as would have fallen due on the payment of the next instalment of rent. ### 25. If the hirer wishes at any time to terminate the hiring of any machinery supplied to him on the hire purchase system, he shall give notice of his intention to the Director of Industries, Punjab, by registered post [acknowledgement due] [Added by Haryana Government Notification No. GSR50/PA5/35/Section 6 dated 1.5.1980.] . The Director within one month of the receipt of this notice shall inspect the machinery or cause it to be inspected in such manner as he may think proper and shall issue orders for the removal of the said machinery. ### 26. All notices issued under section 39 shall be in Form I. ### 27. All re-payments of loans, interest or other sums due under the Act shall be made at a Government treasury, to the credit of Government in such manner as the Director of Industries may from time to time notify to the parties concerned. The treasury receipt shall be forwarded to the Director of Industries for record in his office in token of the repayment. [Sections 39 and 46(2) (p)] ### 28. Distribution of profits. - No recipient of a loan or State Aid under this Act shall pay any dividend or distribute or take out any profits in excess or such percentage rate upon the amount of the capital of the industrial concern as may be determined by the Director of Industries, Punjab, in each case no long as any part of the loan or State aid remains unpaid or the guarantee remains in force. The balance of the profits after setting aside proper amount for depreciation or obsolescence of plant and buildings and for the payment of interest on debentures of loans shall be carried to a reserve fund to be utilised in such manner as the [State] [Substituted by the Adaptation of Laws Order, 1950.] Government may approve [Section 33 and 46(2) (k)]. ### 29. Inspections. (1) The Director of Industries or such Officer or Officers as may be authorised by him to inspect the premises, books, machinery, stock, stores and other belongings and things connected with any industrial undertaking in respect of which a loan or a machinery under the hire-purchase system has been granted under the Act, may for the purposes of such inspections enter such premises at any hour between sunrise and sunset, provided that when any building used as a human dwelling is entered under this rule, due regard shall be paid to the social and religious sentiments of the occupier and that before any apartment in the actual occupancy of any female, who according to custom does not appear in the public is entered under this rule, notice shall be given to her that she is at liberty to withdraw, and every reasonable facility shall be afforded to her for so doing. (2) Every such officer may require the recipient of a loan or a machinery under the hire-purchase system, to hand over to him for examination all books kept in connection with the industrial undertaking in respect of which the loan or the machinery was granted. (3) The accounts of any industrial business or enterprise in respect of which a loan under this Act has been granted shall, unless specifically exempted by the Director of Industries, be examined and audited at least once in every year by a registered auditor or by such officer as the Director of Industries may appoint, and it shall be the duty of such auditor or Officer, as the case may be, to outline the method on which the books of the particular industrial business or enterprises shall be kept. (4) The Director of Industries, Punjab, shall call for a return once in a year certified by an auditor or by such other officer as may be designated in this behalf, and the return shall show - (a) a full and complete statement of the assets and liabilities; (b) a valuation of the assets as prescribed by rule 8 above; and (c) a working of manufacturing account showing : (i) the outturn of the industrial business or enterprise with the cost per unit of such outturn; (ii) the profit or loss on the marketing of the products produced; and (iii) details of expenditure. [Section 26 and 46(2)(j)] ### 30. Appointment of Directors by Government. - In cases where the [State] [Substituted by the Adaptation of Laws Order, 1950.] Government prima facie reasons to believe that there is justification for the appointment of its own directors or for the exercise of control over the conduct of industry to which State aid has been given, it shall give one month's previous notice to the borrower or the receipient of the State aid to show cause against the appointment of Government Directors or the exercise of Government control over the affairs of the industry and if such borrower or recipient of the State aid is unable to give a reply to the satisfaction of [State] [Substituted by the Adaptation of Laws Order, 1950.] Government, it may appoint such person or officials as it may deem necessary, as Directors to exercise control over the affairs of the industry to safeguard the interests of Government. [Sections 34 and 46(2) (1)] ### 31. If the extent of the aid applied for exceeds Rs. one lac [and in any other case in which Government consider it necessary] [Added by Punjab Government notification No. 101/Leg./53, dated the 2nd November, 1953.] , the Director of Industries shall publish a notice in manner prescribed in the rule following, calling upon any person who objects to the grant of the aids applied for to state his objections at a time or place to be specified, and shall hear such objections and make such enquiry as may be necessary. [Section 46 (2) (r)] ### 32. The notice under the preceding rules shall be published by the Director of Industries in at least three consecutive issues of at least two daily newspapers published in the Punjab and once in the Punjab Gazette. The notice shall specify the name and address of the applicant for State aid and the nature of the business or enterprise in respect of which the application is made. It shall state that anyone desiring to make any objection to the State aid may do so by presenting a statement of his objections in writing at the office of the Director of Industries within thirty days of the publication of the notice. The statement shall furnish details regarding the name, address and calling of the objector and his grounds of objections. The Director shall hear the objections, if any, at such time and place as he may notify and deal with it as he may think fit. ### 33. In any case in which State aid is granted under the Act, amounting to two lakhs of rupees or upwards, the [State] [Substituted by the Adaptation of Laws Order, 1950.] Government shall, and in any other case may, by the appointment of a Government director or directors or otherwise, take power to ensure such control over the conduct of the business or enterprise as shall suffice in their opinion to safeguard their interests. ### 34. The grant of subsidy or forms of State aid, other than the grant of loans and the machinery on hire purchase, shall be governed by such rules or directions as may be issued generally or in individual cases, by the [State] [Substituted by the Adaptation of Laws Order, 1950.] Government after previous consultation with the Board. Instructions for filling up the form of application for loan under the Punjab State Aid to Industries Act, 1935 ### 1. The enclosed form of application for loan is required to be filled up by all types of applicants, viz., an individual, Joint Hindu Family, Firm, Co-operative Society, or a Joint Stock Company. Each type of applicant(s) should, therefore, put a cross x against the portions not applicable to him/them in order to avoid confusion. ### 2. The required particulars should be carefully and legibly filled in. ### 3. Out of the words village/cottage/small-scale and electricity/scheme/diesel/gas/manual against item 4(ii) and (iii), the words not applicable may be crossed. ### 4. In case the space available against particular item is not sufficient for filling in the required particulars, an extra sheet may be added at the end of the application for the purpose. ### 5. Names of the company, property insured, the period of insurance and the instalments of the premiums paid, etc., may be given against item 17. ### 6. Total proposed investment against item 6 will be the sum total of the amount of loan required and the amount to be invested by the applicant(s) from his/their own resources. ### 7. The affidavit forms mentioned in N.B.1 under item 15(iv) and in N.B. under item 15(v) and the form of certificate required under item 15(vi) can be had from the Office of the District Industries Officer concerned. ### 8. In case any difficulty is experienced in filling the application form, the Sub-Inspector/Inspector of Industries and Supplies and the District Industries Officer/Assistant District Industries Officer concerned may be consulted. [Chapter II] [Chapter II inserted vide Haryana Government Notification No. G.S.R. 269/PA 5/Section 46/72, dated 1.12.1972.] ### 35. Notwithstanding anything to the contrary contained in the foregoing Chapter, the grant of interest-free loans in lieu of tax payable under the Central Sales Tax Act, 1956, shall be regulated by the rules hereinafter contained. ### 36. Eligible Unit. - An eligible unit means a new Industrial Unit which has started production after the 1st April, 1970, and, - (i) Having a capital investment up to rupees seven and half lakhs, on plant and machinery in Faridabad, Ballabgarh belt. (The cost of land and building can be over and above this amount of Rs. 7-½ lakhs on plant and machinery). (ii) Having a capital investment upto rupee one crore on land, building and machinery in the districts of Hissar, Mohindergarh, Jind, Rewari Tehsils of district Gurgaon, Naraingarh and Kalka Tehsils of district Ambala and Sub Tehsil Nahar of tehsil Jhajjar of district Rohtak. (iii) Units in areas other than (i) and (ii) above having a capital investment upto rupees fifty lakhs on land, building and machinery. (iv) [ Having a capital investment up to rupees one lakh on land, building, plant and machinery in the rural areas] [Inserted by Haryana Notification G.S.R. 43/P.A. 5/35/Section 46/Amd. (1) /80 dated 16/4/1980.] . (b) [ The units falling in categories (i), (ii), (iii) and (iv) above shall be eligible for the grant of interest-free loans of a period of three years, seven years and five years respectively from the date of production] [Inserted by Haryana Notification G.S.R. 43/P.A. 5/35/Section 46/Amd. (1) /80 dated 16/4/1980.] . (c) The interest-fee loan so given to an eligible unit in any particular year shall not exceed eight percentum of the capital investment on land, building and machinery : Provided that such units shall effect all Inter-State sales of goods manufactured with its/their own premises/factory, from the State of Haryana. ### 37. Form of application. (1) An application by an eligible unit for interest-free loan, shall be submitted to the Director of Industries, Haryana, through the District Industries Officer/Assistant District Industries Officer, holding independent charge of the district concerned in Form 'V' appended to these rules. (2) Such an application in Form 'V' shall be made separately for each year and only after all the returns for the year concerned have been filed with the concerned Assessing Authority along with the receipted copies of the challans of the tax paid - (3) The application shall be submitted :- | | | | | --- | --- | --- | | (a) | In the case of provisional loan under rule 38. | Within six months from the date on which the last return for the relevant assessment year is due. | | (b) | In the case of final loan under rule 39. | Within six months from the date of passing the assessment order for the relevant year. | | (c) | In the case of supplementary loan under rule 40. | Within six months from the date of final decision in appeal or revision for the relevant year. | (i) Provided that the eligible units may apply for interest-fee loan within six months from the date of publication of these Rules for the year 1970-71. (ii) Provided further that the time limit mentioned above may be extended, for reasons to be recorded in writing, for further period of six months, by the Director of Industries. ### 38. Grant of provisional loan. (1) If the application in Form 'V' is submitted before the completion of assessment by the Assessing Authority, the eligible unit shall furnish the following documents with the application :- (a) A certificate from the Assessing authority certifying the taxes paid by the eligible unit; and (b) A certificate from the Chartered Accountant indicating the gross value and break-up of the fixed assets of the eligible unit as per column 9 of the said application, (c) The affidavit to the effect that all goods manufactured by units in the State of Haryana have been sold either in the course of Inter-State trade or commerce or exported outside India or sold within the State of Haryana. (2) On the basis of the applications made by the eligible unit and after calling for such further information as the Director of Industries may deem necessary, the loan to extent of 75 percentum of the permissible amount of loan may be granted. (3) The final claim of the eligible unit for the loan admissible to it shall be examined after completion of assessment and after production of certificate in Form 'W' from the concerned authority. (4) The eligible unit shall be entitled to the grant of further loan to the extent of the difference between the amount finally admissible under rule 39 and the amount already disbursed provisionally under sub-rule (2) above. (5) If the final amount of the loan is less than the amount provisionally disbursed, the eligible unit shall refund the excess amount immediately to the Director of Industries together with interest at the rate of 9 percentum per annum. The interest shall be calculated from the date of disbursement of provisional loan till the date of its repayment. ### 39. Grant of final loan. (1) If the application is submitted after the completion of the assessment by the concerned Assessing authority, the eligible unit shall furnish the following documents with the same :- (a) Certificate in Form 'W' from the concerned Assessing Authority. (b) A certified true copy of the audited accounts of the eligible unit and if the accounts have not yet been audited, a certificate from the Chartered Accountant indicating the gross value of the fixed assets of the eligible unit and its break up as indicated in column 9 of the application; (c) The affidavit to the effect that all goods manufactured by units in the State of Haryana have been sold either in the course of inter- State trade or commerce or exported outside India or sold within the State of Haryana. (2) On the basis of thee above application and the certificates, and after such inquiry as the Director may deem necessary the claim of the eligible unit for grant of interest-fee loan shall be finally determined and sanctioned by the competent authorities as enumerated in rule 5(2) of Chapter I of these Rules. The amount shall be disbursed to the eligible unit after it has executed an agreement in Form 'X'. ### 40. Grant of supplementary Loan. (1) If the application is submitted after completion of assessment and the eligible unit has filed an appeal against the assessment order the eligible unit shall furnish a certificate in form 'W' from the concerned Assessing Authority showing the taxes as determined by him and paid by the Assessee. (2) If the application is submitted after completion of assessment, the eligible unit shall furnish a certificate in Form 'W' from the concerned Assessing Authority showing the tax as determined by and paid by the unit. The eligible unit shall file an affidavit that the unit has not filed an appeal/revision or writ, nor it is intended to do so. In case the eligible units has filed an appeal, revision or writ, it shall file an affidavit, showing the amount admitted by the eligible unit in appeal or revision. (3) The eligible unit, in such cases, may file a supplementary application in Form 'V' for the loan after completion of all the proceedings in appeal or revision. The application shall be accompanied by a certificate in Form 'W' to be obtained from the Assessing Authority showing the final tax paid by the Assessee. ### 41. Liability to refund. - The eligible unit shall, in the event of any reduction in the sales tax liability as a result of any decision in appeal, revision or as a result of any judgment of a court forthwith, repay the excess amount disbursed to it under these rules along with interest at the rate of 9 percentum per annum from the date of order of refund allowed by the competent authority. It shall not obtain any refund of tax, admissible from the Excise and Taxation Department till the excess amount is repaid. It may, however, execute a power of attorney in favour of the Director of Industries, authorising him to obtain such refund directly from the concerned Department. The expenses and the stamp duty for the execution of the power of attorney shall be borne by the eligible unit. ### 42. Nature of Security. - The applicant shall have to furnish two sureties each to the extent of the [amount of loan or Bank guarantee of the equal amount from a scheduled Bank] [Substituted by Haryana Government Notification GSR 41/PA 5/35 Section 46/85 dated 10.5.1985.] to the satisfaction of the Director of Industries or the District Industries Officer concerned or the Assistant District Industries Officer concerned, holding independent charge in the district or any other officer so designated, as the case may be. ### 43. Repayment. - Subject to the provisions contained in rule 9, the eligible unit shall repay to the Director of Industries of District Industries Officers/Assistant District Industries Officers holding independent charge of the District, interest-free loan disbursed to it in any particular year in ten equal half-yearly instalments after the expiry of period of five years. (Illustration. - If an eligible unit located in Faridabad, Ballabgarh, area is given interest-free loan of Rs. 10,000 in 1971, Rs. 15,000 in 1972 and Rs. 20,000 in 1973, it shall start repayment of first loan in 1976, of second in 1977 and of third in 1978. Each loan shall be repaid separately in ten equal half yearly instalments on due dates). ### 44. Interest. - In case of default, without prejudice, to any other right or recourse available to the Director of Industries, the defaulting unit shall pay an interest on the amount in default, from the date of default, to the date of repayment, at the rate of 12 percentum per annum. ### 45. Notice to pay. - If the amount of Instalment is not repaid on the due date or dates, the Director of Industries may serve on the defaulting unit a written notice calling upon the unit to pay the amount in default within a period of 30 days from the receipt of the notice. The notice may also require the defaulting unit to pay the interest as provided in rule 44 of these rules and other costs and charges as the Director of Industries may incur in this behalf. Such notice shall be sent by registered post, acknowledgment due, and delivered at the present or last known address of the defaulting units and in the case of company, at its registered office. ### 46. Recovery. - If the defaulting unit does not pay the amount in default alongwith interest and other costs and charges as indicated in the notice under rule 45 by the date mentioned therein, the Director of Industries may recover such amount as arrears of land revenue under Section 35 of the Act. ### 47. Changes in Constitution - A Unit which has availed of interest free loan under this Chapter shall not : (a) Sell or otherwise dispose of wholly or in part, or lease out wholly or in part, or effect any change in its ownership of the fixed assets; or (b) close or shift to a new location; or (c) change its name or constitution; without obtaining prior written permission of Director of Industries at least thirty days before the contemplated event. ### 48. Early recovery of loan under certain circumstances. - If an eligible unit which has availed of interest-free loan under this Chapter :- (i) Stops continuously normal production for a period exceeding six months till the repayment of loan; or (ii) shifts the location of the unit without the concurrence of the Director of Industries, as envisaged under rule 47, or (iii) makes any change as is mentioned in rule 47 above, without prior written permission of the Director of Industries; then notwithstanding any thing contained in these rules, the Director of Industries shall be entitled to initiate recovery proceedings under Section 35 of the Act for the recovery of the amount of loan together with interest outstanding on the occurrence of the above events. ### 49. Without prejudice to the other rights of the Government under any other law if any party obtains loan under this scheme through fraud or mis-representation, the party shall be liable to refund the amount in lump sum alongwith interest at 12 percent per annum from the date of drawal of the amount to the date of payment. ### 50. Power of relax. - Where the Director of Industries/State Government is of the opinion that it is necessary or expedient so to do it may, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of Industries. [Chapter III] [Inserted vide Haryana Government Notification GSR 102/PA5/35 Section 46/78 dated 15.9.1978.] Rules for grant of subsidy for Leather Industries ### 51. Eligibility. - Only those who have already obtained and properly utilized a loan of an amount upto one thousand rupees for the purchase of machinery, tools, equipment, etc., granted under the Act, and these rules are eligible to the grant of subsidy subject to the following conditions :- (i) In the case of individuals if the applicant, - (a) is engaged or intends to engage himself in the manufacture of leather shoes, desi-jutties, leather goods, etc. and who is a member of the Scheduled Castes or Scheduled Tribes, and (b) is an Indian national. (ii) In the case of the partnership firm, if it is - (a) engaged or intends to engage itself in the manufacture of leather shoes, desi-jutties, leather goods, etc., and each of its partner is a member of Scheduled Castes or Scheduled Tribes; and (b) each of its partners is an Indian national. (iii) In the case of Joint Hindu family, if it :- (a) is engaged or intends to engage itself in the manufacture of leather shoes, desi-jutties, leather goods, etc and (b) belongs to Scheduled Castes or Schedules Tribes. (iv) In case of a Co-operative Society, if it is registered under the Punjab Co-operative Societies Act, 1961, and is either engaged or intends to engage in the manufacture of leather shoes, desi-jutties, leather goods, etc., and has been formed for the welfare of the members of Scheduled Castes/Scheduled Tribes. ### 52. Preference. - Preference of granting subsidy shall be given :- (i) individual who have adequate experience in and aptitude for leather industry and who have received technical training in this industry from an industrial institute or establishment recognised by Government or any other authority established by law; (ii) firms, joint Hindu families whose one or more active partners/members have adequate experience in and aptitude for leather industry or who have received technical training in this industry from a recognised industrial institute or establishment :- (iii) Co-operative Societies. ### 53. Purpose for which subsidy may be granted. - Subsidy may be granted for one or all of the following purposes :- (i) for the purchase of machines, tools, equipment and appliances necessary for the establishment of a leather industry. (ii) for the conduct of research in leather industry; (iii) for the revival or development of leather industry by modern methods. ### 54. Extent of subsidy. - Subsidy to the extent of rupees one thousand may be granted to an eligible applicant. ### 55. Security for repayment, if any. - On the acceptance of an application for subsidy, the applicant shall execute a bond in the prescribed form undertaking to apply the subsidy to the purpose for which, and to fulfil the conditions on which, the subsidy is granted, offering such machinery, equipment, etc., as may have been purchased with the aid of subsidy, as security. No transfer, assignment or charge made or created after the execution of the bond in relation to the property specified therein or machinery, etc., purchased with the aid of subsidy shall be valid against the State Government unless it has been made or created with the previous consent, in writing, of the authority sanctioning the subsidy. ### 56. Mode of disbursement of the amount of subsidy. - The whole amount of subsidy shall be deposited in a Scheduled Bank in the Joint account to be opened in the name of the applicant and the District Industries Officer or the Assistant District Industries Officer holding independent charge of the district concerned (hereinafter referred to as the Industries Officer) to be operated upon jointly or by the Industries Officer. The Industries Officer shall release the amount of subsidy in lump sum or in instalments against the actual purchase of machinery, tools, equipment etc., on production of invoice therefor to his satisfaction. ### 57. Maximum period for Utilisation of amount of subsidy. - The amount of subsidy shall be utilised for the purpose for which it is sanctioned within a period of six months from the date of execution of the bond under rule 6 :- Provided that the Director may, for sufficient reasons, to be recorded in writing, extend the period for the utilization of subsidy for a further period of three months. ### 58. Recovery of subsidy with interest. - The amount of subsidy with interest at the rate of 9 per cent per annum shall be recovery in lump sum in the same manner as if it were a loan granted under the Act, - (i) if it is not utilised within the stipulated period; or (ii) if on inspection of the industry, the Director is satisfied that the amount of subsidy is not applied to the purpose or purposes for which it was granted; or (iii) if the conditions on which it was granted were not duly fulfilled; ### 59. Inspection and returns. - The recipient of subsidy shall for a period of four years from the date of execution of the bond, (a) comply with any general or special order of the Director, relating to the inspection of the premises, building, machinery and stock in hand of the Industry; (b) permit the inspection of all accounts relating to the industry; (c) furnish full returns of all products manufactured or sold, both as regards description and quantity; (d) maintain such accounts and submit such statements prescribed, under these rules or as the Director may from time to time require; and (e) submit the account of the industry to such audit as the Director may prescribe. [Form 'A'] [Original Form A, omitted by Punjab Government Notification No. 5770-3CB-S-57/12391, dated the 20th June, 1957 and this new Form prescribed under rule 4, substituted by, ibid.] Department of Industries, Punjab Form of application for loan by an individual or Joint Hindu Family concern or firm or Joint Stock Company or Co-operative Society, under the Punjab State Aid to Industries Act, 1935 To The Director of Industries, Punjab The District Industries Officer.............................. Dear Sir, I/We \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ beg to apply for a loan of Rs. (Rupees \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_) only for the development of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Industry/Industries, under the Punjab State Aid to Industries Act, 1935. The required particulars are given below : ### 1. Name and style of the Applicant's (s) concern along with principal place of business and location. ### 2. Whether Sole Proprietorship/Joint Hindu Family/Partnership/Company/Co-operative Society. N.B. 1. - In case of an individual or sole proprietorship concern, the following particulars should be given :- (i) Name, parcentage and caste. (ii) Complete residential address. N.B. 2. - In case of a Joint Hindu Family concern, the following particulars should be given : - (i) Name, parcentage, caste of the Karta (ii) Complete residential address of the Karta (iii) Name, parcentage and age of each member of Joint Hindu Family and his relation with the Karta N.B. 3. - In case of Firm, the following particulars should be given :- (i) Whether registered under the Indian Partnership Act, 1932. (ii) Number and date of registration (iii) Year of Establishment (iv) Registered Address (v) (a) Number of partners on the date of application (b) List of partners with their names, parentage, caste and complete addresses (vi) An attested copy of the partnership deed (vii) Power of attorney in original by all the partners in favour of the partner authorised to observe all the legal formalities N.B. 4. - In case of Company, registered under the Indian Companies Act, 1956 the following particulars should be given :- (i) Whether private or Public limited (ii) Number and date of Registration (iii) Registered address (iv) Year of Establishment or Registration (v) Authorised Capital (vi) Issued Capital (vii) Subscribed Capital (viii) Paid-up Capital (ix) A certified copy of the Memorandum and Article of the Association (x) A copy of the Certificate of Incorporation duly certified (xi) A copy of the certificate to commence business in case of a company other than a Private Limited Company (xii) A copy of the certificate from the Registrar, Joint Stock Companies, under section 72 of the Indian Companies Act, if the Registered Office has been shifted from areas now included in Pakistan (xiii) A copy of the prospectus or statement in lieu of the prospectus in case of Companies other than private Limited Companies (xiv) An attested copy of the resolution of the Board of Directors of the Company authorising the Company to apply for loan. (xv) (a) Number of Directors on the date of application (b) List of Directors as on the date application along with their names and complete particulars and address (xvi) A copy of the resolution of the Board of Directors of a Company duly attested by the Secretary and countersigned by an officer not below the rank of Assistant Registrar of Co-operative Societies in which the office of the Society is situated authorising him to observe all the legal formalities on behalf of the Company. In case the Secretary of the Company himself is authorised to complete the legal formalities the resolution should be attested by the President or Chairman of the Company. (xvii) Whether the consent of the Government of India has been obtained for creating a charge or a lien on the assets of the Company under section 3(2) of the Capital Issues (Control) Act, 1947, if so, an attested copy of the permission should be attached. N.B. 5. - In case of a Co-operative Society registered under the Punjab Co-operative Societies Act, [1961] [Substituted by Punjab Government notification No. G.S.R.220/PA.5/35/Section 46/Amd.(2) /64, dated 22nd September, 1964.] , the following particulars should be given :- (i) Number and date of Registration (ii) Registered address (iii) Whether Limited or unlimited liability (iv) (a) Number of members on the date of application (b) List of members with their names, parentage, caste and complete address (v) (a) Subscribed Capital (b) Paid-up Capital (vi) (a) Certificate Registration (b) A copy of the registered by-laws duly certified by the Secretary of the Society/Inspector, Co-operative Societies (vii) (a) Liability assumed by each member (b) Total liability assumed by all the members (c) Maximum Credit Limit (d) Date of sanction of Maximum Credit Limit (viii) Basis of working (Joint Production or otherwise) (ix) Activities carried on Co-operative Basis (x) An attested copy of the Resolution of the Co-operative Society authorising the Society to apply for loan (xi) A copy of the resolution of the Board of Directors of a Co-operative Society duly attested by the Secretary of the Co-operative Society and countersigned by an officer not below the rank of an Assistant Registrar, Co-operative Societies, of the area concerned stating the name and designation of the person authorised to complete legal formalities on behalf of the Society In case the Secretary of the Society himself is authorised to complete the legal formalities, the resolution should be attested by the President or Chairman of the Board of Directors ### 3. A list of Branch Officers and Associate or Subsidiary concerns, if any ### 4. Industry - | | | | --- | --- | | (i) Name | | | (ii) Type, | Village/Cottage/Small scale | | (iii) Motive Power use | Electricity/Steam/Diesel/Gas/Water/Manual | | (iv) Average number of workers employed per month - | | (a) Skilled (b) Unskilled (c) Monthly wages paid (v) Types of goods produced (vi) Existing annual manufacturing capacity with value ### 5. (i) Whether the Industrial Establishment is registered under the Indian Factories Act, 1948 (ii) Whether the licence from Government of India, under the Industries (Registration and Development) Act, 1951, is required or has been obtained. ### 6. Total Proposed Investment - (i) Amount of loan required (ii) Amount to be invested by the applicant(s) from his/their resources which should not be less than 25 per cent of the total proposed investment. ### 7. Purchase of Machinery on Hire Purchase System - (i) Total cost of the Machinery (ii) Amount required for the purchase of machinery (iii) Amount to be paid as advance by the applicant which should not be less than 10 per cent of the total cost of Machinery ### 8. Reasons for not availing of banking facilities ### 9. Whether any of your applications for loan is pending with the Department/Punjab Financial Corporation, or was rejected by the Department/Punjab Financial Corporation ? If so give detailed particulars ### 10. Purpose for which loan is required - (i) Fixed Capital (a) Land (b) Building (c) Machinery (Complete details with quotations from three firms of standing should be given) (ii) Working Capital (Detailed requirements should be given) ### 11. Assets (Capital Investment) (on the date of submission of application) - (i) Land (ii) Building (iii) Machinery with complete details (iv) Raw Materials (v) Stock-in-process (vi) Finished Goods (vii) Bank balances with details (viii) Cash (ix) Stock and Securities (x) Other assets | | | | --- | --- | | Total Rs. | | | | | | | | --- | --- | --- | --- | | 12. Liabilities - | Loans | Subsidy | Grant | (i) Amount of Loan/Subsidy/Grant obtained from the - (a) Department of Industries, Punjab (b) Rehabilitation Finance Administration (c) Punjab Financial Corporation (d) Commercial Banks (e) Co-operative Banks (f) Other sources, if any (ii) Purpose (iii) Date of receipt (iv) Security offered (v) Balance outstanding (vi) Details of all mortgages and other charges, if any, on the present and future assets of the applicant(s) | | | | --- | --- | | Total liabilities Rs. | | ### 13. Attested/Certified copies of - (i) Balance sheets and (ii) Profit and loss statements for the last three years ### 14. Availability of facilities - (i) Raw-materials (ii) Transport (iii) Marketing ### 15. Nature of security offered - (i) Land - (a) Name of owner (applicants/surety/sureties) (b) Area (c) Urban/Rural (d) Boundary (e) Name of village/Town/City (f) Annual Land Revenue (g) Value (h) Copies of Aks Shajra and latest jamanbandi to be enclosed (ii) Plot in Industrial Area/other locality - (a) name of Industrial Area/ Locality (b) Name of purchaser (c) No. of plot purchased (d) Area and dimensions of the plot (e) Boundary (f) Cost of Plot (g) Whether possession of the plot has been taken (h) Whether any building has been constructed. If so, give details of original and depreciated cost (i) Area to be covered immediately (j) Original Deed of Conveyance to be enclosed (iii) Building - (a) Name of the owner (applicant(s)/surety/sureties) (b) Whether residential house/factory building/shop (c) Urban/Rural (d) Boundary (e) Name of Village/Town/City (f) Rental value in case it is situated within Municipal limits (g) Amount of Property/House Tax paid yearly (h) Present Market Value (i) Plan of the building and original title/deeds to be enclosed (iv) Plant and Machinery - Name of the owner (applicant(s) /surety/sureties) | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sr. No. | Description | Make | Date of purchase | Book value | Depreciated cost | Net Value | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | | 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 | | | | | | | N.B. 1. - An affidavit regarding the ownership of the machinery being offered as security on the prescribed form available from the office of the District Industries Officer concerned along with original voucher and cash receipts, should be attached. N.B. 2. - In case the loan is required for the construction of factory building and purchase of machinery under the scheme for the development of Industries in the Industrial Areas of Punjab, the cost of the plot and the depreciated cost of factory building, if any, already constructed as also the depreciated cost of the machinery installed, if any, will be adjusted towards the 1/4th contribution to be made by the applicant(s) himself/themselves. (v) Personal Security - | | | | | | | --- | --- | --- | --- | --- | | S.No. | Name of Surety | Description of property owned | Urban/Rural | Market value | | 1. 2. | | | | | N.B. - An affidavit on the prescribed form, duly attested by a Magistrate or an Oath Commissioner, from each of the sureties regarding the immovable property, owned, should be attached with the application(s) . ### 16. A declaration from the applicant(s) /sureties to the effect that the property, viz., land, building and machinery offered as security is free from all encumbrances ### 17. Has the immovable property offered as security been adequately insured ? If so, give details ### 18. Experience - (i) Technical Qualifications (ii) Practical experience in the industry ### 19. Income-tax Clearance Certificate - From the Income-tax Officer of the area for the last three years. ### 1. I/We agree to accept the loan under the terms and conditions governing the grant of loans under the Punjab State Aid to Industries Act, 1935 and also agree to abide by all the rules framed thereunder from time to time. ### 2. I/We declare that the statements made and the particulars given above are true and correct to the best of my/our knowledge and belief, and that there are no encumbrances other than those mentioned above on the land/building/machinery offered as security for the loan applied for, which shall not be transferred by way of sales, gift, exchange, mortgage, or otherwise, till the complete repayment of the loan. | | | | --- | --- | | Signature of the Surety/Sureties.Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | Signature of the application(s) \_\_\_\_\_\_\_Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | N.B. - In case of Firm Company/Co-operative Society, the application should be signed by the authorised partner/Managing Director or Managing Agents and the Chairman or President and Manager or Secretary as the case may be. Acknowledgement Receipt Received from \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ application for the grant of a loan of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ under the Punjab State Aid to Industries Act, 1935 on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 199 . The application has been registered under No \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ which may please be quoted in all future correspondence to facilitate reference. District Industries Officer [Form AA] [Haryana Government Notification GSR 102/PA5/35 Section 46/78 dated 15.9.1978.] (See rule (aa) ) Department of Industries, Haryana Form of application for subsidy for leather industry under the Punjab State- Aid to Industries Act, 1935. To The Director of Industries, Haryana, through the District Industries Officer\_\_\_\_\_\_\_\_\_\_ Dear Sir, I/we\_\_\_\_\_\_\_\_\_\_\_\_\_\_ beg to apply for subsidy of Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (only) for the development of leather industry under the Punjab State-Aid to Industries Act, 1935. The required particulars are given below :- ### 1. Name and style of the applicant's concern along with principal place of business and location. ### 2. Whether sole proprietorship Joint Hindu Family/Partnership Co-operative Society. N.B. 1. - In case of an individual or sole proprietorship concern, the following particulars should be given : (i) Name, parentage and age. (ii) Complete residential address. (iii) Whether belongs to Scheduled Castes/Scheduled Tribes. N.B. 2. - In case of Joint Hindu Family concern, the following particulars should be given : (i) Name, parentage, age caste of the Karta. (ii) Complete residential address of the Karta. (iii) Name, parentage, and age of each member of joint Hindu Family and his relation with the Karta. N.B. 3. - In case of a firm the following particulars should be given : (i) Whether registered under the Indian Partnership Act, 1932. (ii) Number and date of registration. (iii) Year of establishment. (iv) Registered address. (v) (a) Number of partners on the date of application. (b) List of partners with their names, parentage, caste and complete address. (vi) An attested copy of the partnership deed. (vii) Power of Attorney in original by all the partners in favour of the partner authorised to observe all the legal formalities. N.B. 4. - In case of a co-operative society registered under the Punjab Co-operative Societies Act, 1961, the following particulars should be given :- (i) Number and date of registration. (ii) Registered address. (iii) Whether limited or unlimited liability. (iv) (a) Number of members on the date of application. (b) List of members with their names, parentage and complete address. (v) (a) Subscribed capital. (b) paid up Capital. (vi) (a) Certificate of registration. (b) A copy of the registered bye-laws duly certified by the Secretary of the Society/Inspector, Co-operative Societies. (vii) (a) Liability assumed by each member. (b) Total liability assumed by all the members. (c) Maximum credit limit. (d) Date of sanction of maximum credit limit. (viii) Basis of working (Joint production or otherwise) (ix) Activities carried on-operative basis. (x) An attested copy of the resolution of the co-operative society authorising the society to apply for subsidy. (xi) A copy of the resolution of the Board of Directors of a Co-operative society duly attested by the Secretary to the co-operative society and countersigned by an officer not below the rank of an Assistant Registrar, co-operative Societies of the area concerned stating name and designation of the person authorised to complete legal formalities on behalf of the Society. In case the secretary of the society himself is authorised to complete the legal formalities, the resolution should be attested by the President or Chairman of the Board of the Directors. ### 3. Amount of subsidy applied for. ### 4. Capital already invested and/or to be invested in the undertaking. ### 5. Object for which subsidy is needed together with details of its proposed utilisation under the following heads :- (a) Research work (b) Machinery (detailed list to be appended) (c) working capital. ### 6. Technical knowledge and experience of applicant. ### 7. Business and commercial experience of applicant. ### 8. Financial standing of applicant. ### 9. Does the applicant already possess a factory ? If so, give a list of machinery installed and the existing manufacturing capacity per month ### 10. Number and designations of technical staff employed or proposed to be employed after the grant of subsidy. ### 11. Average number of workers employed or proposed to be employed after the grant of subsidy. ### 12. Goods proposed to be manufactured and state of demand in the country. ### 13. Are the raw materials readily available in the required quantities ? ### 14. Where is the product proposed to be sold ? ### 15. Whether any other loan, subsidy or grant is being availed of by the applicant and if so, give details showing the amount sanctioned, purpose and the date and authority of the sanction. ### 16. Period during which the scheme contemplated is likely to be completed. ### 17. And special reasons for the State Aid asked for. Note :- A certificate that the applicant/partners/Members belong to Scheduled caste/scheduled Tribe and a detailed statement showing the scope and economics of the proposed industry, analysis of cost of various operations of manufacture, raw materials, wages, depreciation of machinery and equipment and complete cost of manufacture, sale prices of finished goods and probable profits on sale. I/We declare that the statements made and the particulars given above are true and correct to the best of my/our knowledge and behalf. Date : (Signature of the applicants) N.B. - In case of Firm/Co/operative Society, the application should be signed by the authorised partner/the Chairman or President or Manager, or Secretary as the case may be. Form 'B' [Form of mortgage deed for a loan against the mortgage of immovable property of the applicant/applicants.] [Caption added by Haryana Notification No. G.S.R.-50P.A. 5/35/Section 46/Amd.(2) /80, dated 1.5.1980.] This mortgage deed made this \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_ 19 . Between (A) The \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Ltd., a Company incorporated in [-] [Omitted by Punjab Government notification No. G.S.R. 220/P.A./5/35/Section 46/Amd. (2) /64, dated 22nd September, 1964.] India and registered under the \*Indian Companies Act, 1913, with registered office at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (B) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ A Society registered under Act XXI of 1860 with principal place of business at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (C) (1)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, caste (2) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, caste (3) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, caste residing at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, and himself constituting the sole or any proprietor \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ of the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ being all the partners \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_ and carrying on business at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in the name and style of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (Hereinafter himself its, his/themselves their legal representatives, assigns, jointly and severally referred to as the the mortgagor) of the first part. And secondly, the Governor of the Punjab through the Director of Industries, Punjab (hereinafter referred to as Government) of the second part :- Whereas one of the Mortgagors has assured Government that he is sold owner of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ situate in \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ District \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (the said property being detailed or described more particularly in Schedule I to this deed) and that the same is not mortgaged or charged or otherwise encumbered in any way whatsoever. And whereas the mortgagor has applied under section 17 of the Punjab State Aid to Industries Act, 1935, to the Director of Industries, Punjab for a loan of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ for the purpose of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and to secure the same by mortgage of properties referred to in the said Schedule I. And the Director of Industries, Punjab (with the previous sanction of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_) has accordingly agreed to grant the said loan to the Mortgagor subject to the conditions hereinafter appearing. \*See now the Companies Act, 1956. Now This Indenture Witnesseth That - ### 1. [In pursuance of the said agreement and for purpose of in party securing the said sum of Rs.\_\_\_\_\_\_\_\_\_\_\_ (receipt whereof the Principal/Mortgagor hereby acknowledges) the Principal/Mortgagor hereby covenants with the Government to pay to the Government before the\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_ 19 \_\_\_\_\_\_\_\_\_\_ the said sum of rupees\_\_\_\_\_\_\_\_\_\_\_ with interest thereon at the rate of rupees\_\_\_\_\_\_\_\_\_\_ per cent per annum with a debate of four per cent per annum if the repayment of the principal and the payment of interest are made on due dates and the loan is being utilised or has been utilised for the purpose or purposes for which it was granted and the conditions on which it was granted are being or have been duly fulfilled and for so long as any part there of shall remain owing to pay interest at the rate as aforesaid on the moneys for the time being so remaining owing provided never the less that :-] [Preamble substituted by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] (i) if the mortgagor shall pay the said sum of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ by the following instalments that is to say, the first instalment of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_ on the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_ 19\_\_\_, second instalment of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of 19 \_\_\_ and further subsequent instalments of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_ 19\_\_\_\_ in each year following until the whole sum due shall be paid and shall with each such instalment pay interest at the rate aforesaid on the amounts remaining due immediately before such payment, then subject to the terms and conditions hereinafter contained, Government will accept payment of the said sum of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ by such instalments and will not take any steps to obtain payment of the said sum of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ by auction sale possession, realisation of security hereby conveyed or otherwise; (ii) it shall be lawful for the Director of Industries, Punjab, at his sole discretion and at the request of the mortgagor to extend this date by a period not exceeding five years ; (iii) it shall be lawful for the mortgagor at any time to repay the whole or any portion of the said loan by instalments exceeding the instalments referred to above or prior to the said due date or prior to the end of the extended period (if granted) ; (iv) the said loan is made under and shall remain in any case subject to the provisions of the Punjab State Aid to Industries Act, 1935 and any rules made or to be made thereunder ; [(iv-A) The mortgagor shall utilize the loan amount properly within a period of [six months] [Inserted by Punjab Government Notification No. GSR 220/PA5/35/Section 46/Amd.(2) /64 dated 22-9-1964.] from the date of disbursement or such extended period as may be allowed by the Director of Industries, Punjab or any officer authorised by him from time to time in this behalf.] (v) The mortgagor shall not except with the approval of the said Director of Industries previously obtained withdraw from the Industrial concern for the purpose of which the said loan is hereby granted, any profits (or declare or distribute dividends) in excess of such percentage rate upon the amount of the capital of the industrial concern as may be determined by the Director of Industries, Punjab, in each case so long as any part of the loan or State aid remains unpaid or this deed remains in force; (vi) [ if the mortgagor shall make default in compliance with any of the terms or conditions of this deed or in the repayment of any instalment of the loan hereby granted and the moneys hereby secured or any part thereof together with any interest that may be due thereon on the date or dates on which such moneys and such interest shall be payable, the entire amount of the loan withdrawn by him and outstanding against him shall become immediately payable and from the date of default Government shall be entitled to charge interest [at the rate of rupees....... per cent per annum] [Punjab Government Gazette, Legislative Supplement Part III dated 2nd October, 1964 page 1189.] and without prejudice to other rights and remedies of Government the said Director of Industries or any officer authorised by the Government in this behalf may issue a notice under Section 23 of the said Act and the moneys duly specified therein shall become immediately payable as if a money decree, therefor, had been passed by a civil Court in the exercise of its ordinary original jurisdiction.] ### 2. And in further pursuance of the said agreement and for the considerations aforesaid, the mortgagor as beneficial owner doth hereby grant, convey and assign unto Government - (a) All the properties mentioned in the said Schedule I and declineated in map or plan hereto annexed : (b) [-] [Omitted vide Haryana Government Notification GSR 66/PA5/35 Section 46/77 dated 22.4.1977.] to have and to hold the same into and to the use of Government, its successors and assigns for ever subject to the proviso for redemption hereafter contained : ### 3. Provided Always that when the hereinafter mentioned covenants for payment shall have been satisfied and the principal sum together with all interests due thereon shall have been entirely paid, Government as Mortgagee shall at the request and cost of the Mortgagor reconvey the properties or remainder thereof as he shall direct. ### 4. And in further pursuance of the agreement and covenants referred to above, the Mortgagor hereby agrees to insure against fire up to the full amount of the loan the entire machinery and stock in Mortgagors.............. and if Government so desires all other property hereby mortgaged and that the policy of Insurance shall be taken out in the joint name of the Mortgagor and the Punjab Government and that it shall be deposited with the Director of Industries, Punjab. The Mortgagor shall pay all premiums and at his own cost renew the policy every year during the currency of the loan, failing which Government may pay the same and such premiums shall form part of the loan secured with interest under this mortgage. ### 5. It is further agreed by the Mortgagor that, notwithstanding anything hereinbefore contained, Government or the Director of Industries, Punjab may by the appointment of its own directors or otherwise exercise such control over the conduct of the industry to which State aid has been given as shall suffice in their or his opinion to safeguard the interests of Government in such industrial concern, and that the Mortgagor shall forthwith comply with all recommendations made by the Director of Industries or the Director so appointed. ### 6. It is further agreed that the stamp on this instrument shall be borne by the Mortgagor and same shall be presented for registration by the Mortgagor and registered at his own cost. I --- (above referred to) N.B. - The form of execution by the Mortgagor should be one in the appropriate form as follows. | | | | --- | --- | | 1. (In the case of a firm) - Signed by the above named firm of | \*(Name or names of firm or partners thereof) | | Through...................... Partner of the said firm. | | In the presence of - | | | Witness (1) | | | OccupationAddress | | | | Witness (2) | | | OccupationAddress | | | N.B. - The Director of Industries should be satisfied from a partnership deed or otherwise that the executant has full powers as such to bind the firm and attention is called to section 58(d) of the Indian Partnership Act, 1932; failing which a special power-of-attorney should be demanded from absent partners in favour of the persons signing which should be retained with Government's copy of the mortgage. ### 2. (In the case of Society) - The seal of the........................................... (the Society hereinbefore referred to) was hereto affixed by the Virtue of a resolution of Governing Committee No.............................., dated the.............. day of............. 199 . In the presence of - Member of the Government Committee. Member of the Government Committee. Member of the Government Committee. ### 3. (In case of a Company) - The seal of the.......................... Company, Limited was affixed by virtue of the resolution of the Board, No............ dated the.............. In the presence of - Director Director Director N.B. - In case of either a Society under Act XXI of 1850 or II of 1912 or a Company incorporated under the Companies Act, the Director of Industries should require a copy of the resolution above referred to certified correct (either by one of the members of the Governing Committee, the Society or by the Director or Secretary of the Company, as the case may be, authorising the particular executant or executants to sign or to affix the seal. It is, however not necessary for the persons mentioned above always to execute the mortgage itself and it is sometimes not convenient for them to do so in person as it involves all the officers in question appearing before the Sub- Registrar and bringing with them the seal of the Society or Company. If they so desire, they may execute a special power-of-attorney authorising any respectable person - preferably one of their own body to do all things necessary for the single transaction, viz., 'the completion of the mortgage' which will be referred to the preamble such power-of-attorney. In that case the power-of-attorney will require to be executed on paper stamped at Rs. 2 and, though it need not be registered or authenticated by the Sub-Registrar (vide Circular No. 49/3076/1-30 from the Inspector General of Registration Punjab dated 7th August, 1933). The Director of Industries may require the same to have been attested under section 85 of the Indian Evidence Act. Where the mortgage is executed by an attorney it will (if for a team exceeding one year) be presented for registration by the Attorney. Signed on behalf of the Governor of Punjab by : In the presence of - Director of Industries, Punjab, Mortgagee (1) Witness -------------------------- (2) Witness -------------------------- [Form BB] [Haryana Notification GSR 102/PA5/35 Section 46/78 dated 15.9.1978.] (See rule 6) By, this Bond I\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ hereinafter referred to as 'obligor' do acknowledge myself bound unto the Governor of the Haryana (hereinafter referred to as" the Government) for the sum of Rs.\_\_\_\_\_\_\_\_\_\_\_ (Rupees to be paid by the Government. Signed, sealed and delivered this day \_\_\_\_\_\_\_\_\_ of\_\_\_\_\_\_\_\_\_ at\_\_\_\_\_\_\_\_\_\_. Signature of obligor. Whereas the obligor applied to the Director of Industries, Haryana for the grant of a subsidy under the Punjab State Aid to Industries Act, 1935 and the rules made thereunder. And the Director of Industries, Haryana has agreed to grant the aid amount by way of subsidy in accordance with the provisions of the said Act and the rules made thereunder subject to the conditions contained herein, and the obligor hereby acknowledges the receipt of the Government R.T.R. \_\_\_\_\_\_\_\_\_\_\_\_\_, dated \_\_\_\_\_\_\_\_\_\_\_ on \_\_\_\_\_\_\_\_\_\_\_\_ for the said amount in full and the obligor hereby acknowledge and declares that this document has been executed as bond for the performance by the obligor of a public duty in which the public are interested within the meaning of Exception to Section 74 of Indian Contract Act and that unless and until on the obligor shall have received from Director of Industries, Haryana through the District Industries Officer/Assistant District Industries Officer, a certificate in writing that the conditions of and referred to in this bond have been fully complied with by the obligor, the whole of the money advanced under this bond and all machinery or other material acquired therewith and all moneys or properties representing the proceeds of the sale are and shall remain the property of Government. Now the above written bond is conditioned to be void in the case the obligor uses the said sum solely for the purpose, or purposes mentioned in the schedule to the Bond and for no other purpose, and carries out the conditions of the said Act and rules and those hereinafter contained. Now the above written bond is conditioned to be void in the case the obligor uses the said sum solely for the purpose, or purposes mentioned in the schedule to the Bond and for no other purpose, and carries out the conditions of the said Act and rules and those hereinafter contained. Conditions ### 1. That the said sum of Rs.\_\_\_\_\_\_\_\_\_\_ will be utilised within six months for the purpose or purposes for which it is granted and for no other purpose what-so-ever. ### 2. That the works and account books of the obligor will be open to inspection by any officer of the Industries Department in this behalf, and that the District Industries Officer/Assistant District Industries Officer's Instructions for better workmanship or accountancy shall be complied with by the obligor. ### 3. All machinery or anything purchased or acquired with the said subsidy for the purposes mentioned in Schedule shall during the subsistence of this bond, be and remain the property of the Government and it shall be held by the obligor as trustee of the Government and no part of the proceeds of the said subsidy will be sold or otherwise transferred or disposed of without the consent of the Government and if he required the obligor shall at his own cost insure all such machinery or things against fire. ### 4. The obligor shall submit a progress report every six months to the District Industries Officer/Assistant District Industries Officer concerned from the date of receipt of subsidy and shall continue to do so upto a period of three years from the date from which the entire amount of subsidy was utilised. ### 5. The obligor shall continue to carry on the leather industry diligently and faithfully for a period of at least three years from the date of the utilisation of the entire amount of subsidy for the purpose for which it is granted. ### 6. The stamp duty on this instrument shall be borne by the Government. Schedule 3 ------------ (Purposes for which subsidy is to be utilised) (Signature of this Obligor) In the presence it :- ### 1. Witness\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Occupation\_\_\_\_\_\_\_\_\_\_\_\_\_ Address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. Witness\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Occupation\_\_\_\_\_\_\_\_\_\_\_\_\_ Address\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Accepted by Director of Industries, Haryana at for and on behalf of the Governor of the Haryana. | | | | | | --- | --- | --- | --- | | The | day of | 19 | Witness :- | | | | | 1. Name with designation. | | | | | 2. Name with designation. | Form 'C' [Form of mortgage deed for a loan against the mortgage of immovable property of the surety/sureties.] [Caption added by Haryana Notification No. G.S.R.-50P.A. 5/35/Section 46/Amd.(2) /80, dated 1.5.1980.] This Mortgage deed made this.................. day of................ 19 , Between : (A) The.................................... Ltd., a Company incorporated in India and registered under the \*Indian Companies Act, [1956] [Substituted by Punjab Government Notification No. G.S.R. 220/P.A.5/35/S- 46/Amd.(2) /64, dated 22nd September, 1964.] , with registered office at.............................................. (B) ............................................... a Society registered under Act; XXI of 1860 with principal place of business at............................................ (C) (1)..................., son of..................., caste......... (2) ..................., son of..................., caste......... (3) ..................., son of..................., caste......... residing at......................................... and himself constituting the sole or only proprietor/being all the partners................................. of the............................................................. and carrying on business at................................... in the name and style of...................................... (hereinafter on behalf of himself/themselves, its, his/their heirs, legal representatives assigns jointly and severally referred to as the Mortgagor) of the first part: And Secondly - (1) ..................., son of..................., caste......... (2) ..................., son of..................., caste......... (3) ..................., son of..................., caste......... (hereinafter on behalf of himself/themselves, his/their heirs, legal representatives, and assigns, hereinafter referred to as the surety/sureties of the second part. And Thirdly, the Governor of Punjab through the Director of Industries (hereinafter referred to as Government) of the third part. Whereas the Mortgagor has assured Government that he is sole owner of.............................. situated in...................... at................... district........................... (the said property being detailed or described more particularly in Schedule I to this deed) and that the same is not mortgaged or charged or otherwise encumbered in any way whatsoever :- And Whereas the surety has assured Government that he is the sole proprietor/proprietors of the............................ situate at................... District........................ (the same being more particularly described in Schedule II to this deed) And that the said property likewise is not mortgaged or charged or otherwise encumbered in any way whatsoever. And Whereas the mortgagor and the surety have jointly and severally agreed whenever called upon by Government to do so, to insure the whole or any part of all properties hereinafter referred to against fire throughout the period of the mortgage. And Whereas the mortgagor has applied under section 17 of the Punjab State Aid to Industries Act, 1935, to the Director of Industries, Punjab, for a loan of Rs..................... for the purpose of........................... and to secure the same by mortgage of properties referred to in the said Schedule I and......................... the Surety has/Sureties have agreed in accordance with rule 7 of the rules made under section 46 of the Punjab State Aid to Industries Act, 1935, to give as a security for the payment of the said loan, the mortgage hereinafter contained upon the properties referred to in the said Schedule III. And the Director of Industries, Punjab (with the previous sanction of.................................) has accordingly agreed to grant the said loan to the mortgagor subject to the conditions hereinafter appearing. Now This Indenture Witnesseth That : ### 1. [In pursuance of the said agreement and for purpose of in party securing the said sum of Rs.\_\_\_\_\_\_\_\_\_\_\_ (receipt whereof the Principal/Mortgagor hereby acknowledges) the Principal/Mortgagor hereby covenants with the Government to pay to the Government before the\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_ 19 \_\_\_\_\_\_\_\_\_\_ the said sum of rupees\_\_\_\_\_\_\_\_\_\_\_ with interest thereon at the rate of rupees\_\_\_\_\_\_\_\_\_\_ per cent per annum with a debate of four per cent per annum if the repayment of the principal and the payment of interest are made on due dates and the loan is being utilised or has been utilised for the purpose or purposes for which it was granted and the conditions on which it was granted are being or have been duly fulfilled and for so long as any part there of shall remain owing to pay interest at the rate as aforesaid on the moneys for the time being so remaining owing provided never the less that :-] [Preamble substituted by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] (i) if the Mortgagor shall pay the said sum of Rs..................... by the following instalments. First Instalment of - Rs................ on the................ day of............... 19 Second Instalment of - Rs................ on the................ day of............... 19 Third Instalment of - Rs................ on the................ day of............... 19 Fourth Instalment of - Rs................ on the................ day of............... 19 Fifth Instalment of - Rs................ on the................ day of............... 19 Sixth Instalment of - Rs.................... on the................ day of............19 until the whole sum due shall be paid and shall with each such instalment pay interest at the rate aforesaid on the amounts remaining due immediately before such payment, then subject to the terms and conditions hereinafter contained, Government will accept payment of the said sum of Rs................ by such instalments and will not take any steps to obtain payment of the said sum of Rs........................ by action, sale possession, realisation of security hereby conveyed or otherwise ; (ii) it shall be lawful for the Director of Industries, Punjab, at his, sole discretion and at the request of the mortgagor to extend this date by a period not exceeding five years without reference to the Surety; (iii) that it shall be lawful for the mortgagor at any time to repay the whole or any portion of the said loan exceeding the instalments referred to above prior to the said due date or prior to the end of the extended period (if so granted); (iv) the said loan is made under and shall remain in any case subject to the provisions of the Punjab State Aid to Industries Act, 1935, and any rules made or to be made thereunder; [(iv-A) The mortgagor shall utilize the loan amount properly within a period of [six months] [Inserted by Punjab Government notification No. G.S.R. 220/P.A.5/35/S- 46/Amd(2) /64 dated 22nd September, 1964.] from the date of disbursement or such extended period as may be allowed by the Director of Industries, Punjab, or any officer authorised by him from time to time in this behalf] (v) The mortgagor shall not except with the approval of the said Director of Industries, previously obtained withdraw from the Industries concern for the purpose of which the said loan is hereby granted any profits (or declare or distribute dividends) in excess of such percentage rate upon the amount of the capital of the industrial concern as may be determined by the Director of Industries, Punjab, in each case so long as any part of the loan or State Aid remains unpaid or this deed remains in force; (vi) [ if the mortgagor shall make default in compliance with any of the terms or conditions of this deed or in the repayment of any instalment of the loan hereby granted and the moneys hereby secured or any part thereof together with any interest that may be due thereon on the date or dates on which such moneys and such interest shall be payable, the entire amount of the loan withdrawn by him and outstanding against him shall become immediately payable and from the date of default Government shall be entitled to charge interest [at the rate of rupees....... per cent per annum] [Substituted by Punjab Government Gazette, Legislative Supplement Part III dated 2nd October, 1964 page 1189.] and without prejudice to other rights and remedies of Government the said Director of Industries or any officer authorised by the Government in this behalf may issue a notice under Section 23 of the said Act and the moneys duly specified therein shall become immediately payable as if a money decree, therefor, had been passed by a civil Court in the exercise of its ordinary original jurisdiction.] ### 2. And in further pursuance of the said agreement and for the consideration aforesaid the Mortgagor as beneficial owner doth hereby grant, convey and assign up to Government - (a) All the properties mentioned in the said Schedule I, and those delineated in the map or plan hereto annexed; (b) All the assets, present and to be hereinafter acquired by the mortgagor whether the said assets now or in future be in his own name or that of the.................. including book debts the premises and machinery whether existing or to be purchased with the aid of the loan hereby granted or with any portion thereof and whether referred to in Schedule I or not; to have and to hold the same upto and to the use of Government his successors and assigns for [ever] [Substituted by Punjab Government Notification No. G.S.R. 220/P.A.5/35/Section 46/Amd.(2) /64, dated 22nd September, 1964.] subject to the proviso for redemption hereinafter contained. ### 3. And This Indenture further witnesseth that in further pursuance of the said agreement and as security for the said sum of Rs............. and interest, the surety as beneficial owner doth hereby grant, convey and assign unto Government all and several the properties referred to in the said Schedule II and those delineated in the map or plan hereto attached to have and to hold the same unto and to the use of Government its successors and assigns for ever subject to the proviso for redemption hereinafter contained and the surety doth further covenant that if the Mortgagor shall make default in the payment of the loan hereby granted and the moneys hereby secured or any part thereof or of any interest thereon the date or dates on which the same shall be or become payable, then the whole of the said loan and interest whether added to the principal and itself being interest or not or such part as may then or thereafter be due and unpaid shall become due and payable by the sureties jointly and severally and Government shall be at liberty to recover the same from the surety or from the property hereby mortgaged by sale thereof or by a notice under the Punjab State Aid to Industries Act as Government may think fit and that whether Government shall have pursued all or any of its remedies against the Mortgagor or his property hereby mortgaged or not. ### 4. Provided Always that when the hereinbefore mentioned covenants for payment shall have been satisfied and the principal sum together with all interest due thereon shall have been entirely paid, Government as mortgagee shall at the request and cost of Mortgagor and Surety, respectively reconvey the properties or remainder thereof as they respectively shall direct. ### 5. And in further pursuance of the agreement and covenants referred to above, the Mortgagor and the surety do hereby agree to insure the entire machinery and stock in the said.................. and if so required all other properties hereinafter referred to against fire the full extent of the loan and that the policy of insurance shall be taken out in the joint name of the Mortgagor (or surety) and the Punjab Government and that it shall be deposited with the Director of Industries, Punjab. The Mortgagor or Surety shall pay all premiums and at his own cost renew the policy every year during the currency of the loan failing which Government may pay the same and add such premiums and all expenses with interest to the loan hereby secured. ### 6. It is further agreed by the Mortgagor and Surety that notwithstanding anything hereinbefore contained, Government or the Director of Industries, Punjab, may by the appointed of its own Directors or otherwise exercise such control over the conduct of the industries to which State Aid has been given as shall suffice in their or his opinion to safeguard the interests of Government in such industrial concern, and that the Mortgagor shall forthwith comply with all recommendations made by the Director of Industries or the Director so appointed. ### 7. It is further agreed that the stamp on this instrument shall be borne by and the same shall be presented for registration by and at the cost of the Mortgagor. ### 8. It is further agreed that until the entire amount is repaid with interest, the Mortgagor will undertake free training of apprentices selected by the Director of Industries, Punjab not exceeding three in number, at any one time, in the work carried on by the Mortgagor and that non-fulfilment of this condition shall be deemed a default in compliance with this deed. I --- (Above referred to) II ---- (Above referred to) In witness whereof the parties have hereunto set their hands :- (a) In the case of a firm :- Signed by the above-named firm of \*(Name or Names of Firm or partner thereof).................... through.................... partner of the said firm. N.B. - The Form of Execution by the Mortgagor or Surety should be one in the appropriate form as follows :- N.B. - The Department should be satisfied from a partnership deed or otherwise that the executant has full power as such to bind the firm and in this connection attention is called to section 58(d) of the Indian Partnership Act, 1932. Failing such power in the partnership deed a special power-of-attorney should be demanded from absent partners in favour of the persons signing which should be retained with Government's copy of the mortgage. In the presence of - Signature Occupation Address Signature Occupation Address (b) (In the case of a Society) - The seal of the......................... (the society hereinafter referred to) was hereunto affixed by virtue of Resolution of the Governing Committee, No.......................... dated the.................... day of................. 19 . In the presence of - Member of the Governing Committee. Member of the Governing Committee. Member of the Governing Committee. (In the case of a Company) :- The seal of the....................... Company, Limited, was affixed by virtue of the resolution of the Board, No................ dated........... day of................. 19 . In the presence of - Director Director Secretary N.B. - In the case of either a Society under Act XXI of 1860 or II or 1912 or a Company incorporated under the Companies Act, the Department should require a copy of the resolution above referred to certified correct (either by one of the member, of the Governing Committee of the Society or by a Director or Secretary of the Company, as the case may be) authorising the particular executant or executants to sign or to affix the seal. It is, however, not necessary for the persons mentioned above invariably to execute the instrument itself and it is sometimes not convenient for then to do so in person as it involves all the officers in question appearing before the Sub- Registrar and bringing with them the seal of the Society or Company. If they so desire, they may execute a special power-of-attorney authorising any respectable person - preferably one of their own body - to do all things necessary for the single transaction, viz., "the completion of the instrument" which will be preferred to in the preamble to such power-of-attorney. In that case the power of attorney will require to be executed on paper stamped at Rs. 2 and though it need not be registered or authenticated by the Sub-Registrar, vide Circular No. 49/3076/1-30 from the Inspector General of Registration, Punjab dated 7th August, 1933. The Department may require the same to have been attested under section 85 of the Indian Evidence Act. Where the mortgage is executed by an attorney, it will be presented for the registration by the Attorney. Signature of Surety or Sureties. Signed on behalf of the Governor of Punjab. Dy. Director of Industries, Punjab. In the presence of - | | | | --- | --- | | Witnesses | 1................................................ | | | 2................................................ | [Form 'D' Form of agreement deed for a loan against the personal security of the application(s) and his/their sureties.] This agreement made on the\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_19. (A) The\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, Ltd., a Company incorporated in India and registered under the Indian Companies Act, 1913, with registered office at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (B) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ a Society registered under Act XXI of 1860 with principal place of business at (C) (1)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (2) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (3) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ residing at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and himself constituting the sole or only proprietor\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ of the being all the partners\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ carrying on business at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in the name and style of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (hereinafter on behalf of himself/themselves, its, his/their heirs, legal representatives, assignees, jointly and severally referred to as The Principal of the fist part. And Secondly - (1) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_, residing at\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (2) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_, residing at\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (3) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_, residing at\_\_\_\_\_\_\_\_\_\_\_\_\_\_ hereinafter on behalf of themselves, their heirs, legal representative and assignees, hereinafter referred to as sureties of the second part. And Thirdly, the Governor of Punjab through the Director of Industries (hereinafter referred to as Government) of the third part. Whereas the Principal has applied under Section 17 of the Punjab State Aid to Industries Act, 1935, to the Director of Industries, Punjab, for a loan of Rs.\_\_\_\_\_\_\_\_\_\_\_ for the purpose of\_\_\_\_\_\_\_\_\_\_\_\_ and Sarvshri\_\_\_\_\_\_\_\_\_\_\_ have agreed in accordance with rule 7 of the rules made under Section 46 of the Punjab State Aid to Industries Act, 1935 to stand as sureties for the repayment of the said loan. And the Director of Industries, Punjab, has accordingly agreed to grant the said loan to the principal subject to the conditions hereinafter appearing. Now This Agreement Witnesseth That : ### 1. [In pursuance of the said agreement and for purpose of in party securing the said sum of Rs.\_\_\_\_\_\_\_\_\_\_\_ (receipt whereof the Principal/Mortgagor hereby acknowledges) the Principal/Mortgagor hereby covenants with the Government to pay to the Government before the\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_ 19 \_\_\_\_\_\_\_\_\_\_ the said sum of rupees\_\_\_\_\_\_\_\_\_\_\_ with interest thereon at the rate of rupees\_\_\_\_\_\_\_\_\_\_ per cent per annum with a debate of four per cent per annum if the repayment of the principal and the payment of interest are made on due dates and the loan is being utilised or has been utilised for the purpose or purposes for which it was granted and the conditions on which it was granted are being or have been duly fulfilled and for so long as any part there of shall remain owing to pay interest at the rate as aforesaid on the moneys for the time being so remaining owing provided never the less that :-] [Preamble Substituted by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] (i) if the Principal shall pay the said sum of Rs.\_\_\_\_\_\_\_\_\_\_\_\_ by the following instalments : First instalment of - Rs.\_\_\_\_\_\_\_\_\_\_\_\_, on the\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_19 Second instalment of - Rs.\_\_\_\_\_\_\_\_\_\_\_\_, on the\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_19 Third instalment of - Rs.\_\_\_\_\_\_\_\_\_\_\_\_, on the\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_19 Fourth instalment of - Rs.\_\_\_\_\_\_\_\_\_\_\_\_, on the\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_19 Sixth instalment of - Rs.\_\_\_\_\_\_\_\_\_\_\_\_, on the\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_19 until the whole sum due shall be paid and shall with each such instalment pay interest at the rate aforesaid on the amounts remaining due immediately before such payment, then subject to the terms and conditions hereinafter contained, Government will accept payment of the said sum of Rs.\_\_\_\_\_\_\_\_\_\_\_ by such instalments and will not take any steps to obtain payment of the said sum of Rs.\_\_\_\_\_\_\_\_\_ (ii) it shall be lawful for the Director of Industries, Punjab, at his sole discretion and at the request of the Principal to extend this date by a period not exceeding five years without reference to the sureties; (iii) that it shall be lawful for the Principal at any time to repay the whole or any portion of the said loan exceeding the instalments referred to above prior to the said due date or prior to the end of the extended period (if so granted); (iv) the said loan is made under and shall remain in any case subject to the provisions of the Punjab State Aid to Industries Act, 1935, and any rules made or to be made thereunder; [(iv-A) The Principal shall utilize the loan amount properly within a period of [six months] [See Punjab Government Gazette Legislative Supplement Part III dated 2nd October, 1964 page 1189.] from the date of disbursement or such extended period as may be allowed by the Director of Industries, Punjab or any officer authorised by him from time to time in this behalf.] (v) the Principal shall not except with the approval of the said Director of Industries, previously obtained, withdraw from the Industrial concern for the purpose of which the said loan is hereby granted any profits (or declare or distribute dividends) in excess of such percentage rate upon the amount of the capital of the industrial concern as may be determined by the Director of Industries, Punjab, in each case so long at any part of the loan or State aid remains unpaid or this agreement remains in force; (vi) [ if the principal shall make default in compliance with any of the terms or conditions of this deed or in the repayment of any instalment of the loan hereby granted and the moneys hereby secured or any part thereof together with any interest that may be due thereon on the date or dates on which such moneys and such interest shall be payable, the entire amount of the loan withdrawn by him and outstanding against him shall become immediately payable and from the date of default Government shall be entitled to charge interest [at the rate of rupees....... per cent per annum] [See Punjab Government Gazette Legislative Supplement Part III dated 2nd October, 1964 page 1189.] and without prejudice to other rights and remedies of Government the said Director of Industries or any officer authorised by the Government in this behalf may issue a notice under Section 23 of the said Act and the moneys duly specified therein shall become immediately payable as if a money decree, therefor, had been passed by a civil Court in the exercise of its ordinary original jurisdiction.] ### 2. And this agreement further witnessth that in further pursuance of the said agreement and as security for the said sum of Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ and interest the sureties doth hereby agree that if the Principal shall make default in the payment of the loan hereby granted or any part thereof or of any interest thereon on the date or dates on which the same shall be or become payable then the whole of the said loan and interest whether added to the principal and itself being interest or not/or such part as may then or thereafter be due and unpaid shall become due and payable by the sureties jointly and severally and Government shall be at liberty to recover the same from the sureties by a notice under the Punjab State Aid to Industries Act, 1935, as Government may think fit. ### 3. It is, further, agreed by the Principal and sureties that notwithstanding anything hereinbefore contained, the Director of Industries, Punjab, may by the appointment of its own Directors or otherwise exercise such control over the conduct of the industries to which State aid has been given as shall suffice in his opinion to safeguard the interest of Government in such industrial concern and that the Principal shall forthwith comply with all recommendations made by the Director of Industries or the Director so appointed. ### 4. It is further agreed that the stamp on this instrument shall be borne by the Principal. ### 5. It is further agreed that until the entire amount is repaid with interest the Principal will undertake free training of apprentices selected by the Director of Industries, Punjab, not exceeding three in number, at any one time, in the work carried on by the Principal and that non-fulfilment of this condition shall be deemed a default in compliance with this deed. In witness whereof the parties have hereunto set their hands in the year of the Republic of India. (a) (In the case of a firm) - Signed by the above-named firm - N.B. - (1) The form of execution by the Principal or sureties should be one in the appropriate firm as follows :- N.B. - (2) The Department should be satisfied from partnership deed or otherwise that the executant has full power as such to bind the firm and in this connection attention is called to Section 58(d) of the Indian Partnership Act, 1932. Failing such power in the partnership deed a special power-of- attorney should be demanded from the absent partners in favour of the persons signing, which should be retained with Government's copy of the agreement. In the presence of - Signature Occupation Address Signature Occupation Address (b) (In the case of a Society) - The seal of the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (the society hereinafter referred to) was hereunto affixed by virtue of resolution of the Governing Committee No.\_\_\_\_\_\_\_\_\_\_\_\_ dated the\_\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_\_. In the presence of - Member of the Governing Committee. Member of the Governing Committee. Member of the Governing Committee. (c) (In the case of a Company)- The seal of the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Company, limited, was affixed by virtue of the resolution of the Board No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ dated the\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ 197. In the presence of - Director Director Secretary. N.B. - In the case of either a Society Under Act XXI of 1860 or II of 1912 or a Company incorporated under the Companies Act, the Department should require a copy of the resolution above referred to certified correct (either by one of the members of the Governing Committee of the Society or by a Director or Secretary of the Company, as the case may be) authorising the particular executant or executants to sign or to affix the seal. It is, however, not necessary for the persons mentioned above invariably to execute the instrument itself and it is sometime not convenient for them to do so in person as it involves all the officers in question appearing before the Sub- Registrar and bringing with them the seal of the Society or Company. It they so desire they may execute a special power-of-attorney authorising any respectable persons - preferable one of their own body - to do all things necessary for the single transaction, viz., "the completion of the instrument" which will be preferred to in the preamble to such power-of-attorney. In that case the power-of- attorney will require to be executed on papers stamped at Rs. 2 and though it need not be registered or authenticated by the Sub- Registrar, - vide Circular No. 49/30076/1-30, from the Inspector-General of Registration, Punjab dated 7th August, 1933. The Department may require the same to have been attested under Section 85 of the Indian Evidence Act. Signatures of the Sureties. In the presence of - Witnesses ### 1. ### 2. Signed for and on behalf of the Governor of Punjab. Director of Industries, Punjab. Witnesses ### 1. ### 2. Form 'E' [Form of agreement deed for a loan to a co-operative society.] [Caption added by Haryana Notification No. G.S.R.-50P.A. 5/35/Section 46/Amd.(2) /80, dated 1.5.1980.] This Agreement made on the............. day of............ 19 . Between :- "............................. a Society registered under the See [Punjab Co-operative Societies] [Punjab Co-operative Societies Act, 1961.] , [1964] [Substituted by Punjab Government Notification No. G.S.R. 220/P.A.5/35/Section 46/Amd(2) ,164, dated 22nd September, 1964.] , with principal place of business at........................... (hereinafter referred to as the Society which expression shall, where the context so admits, include its successor, and assigns) of the first part. And Secondly the Governor of Punjab through the Director of Industries, Punjab/District Industries Officer......................... hereinafter referred to as Government of the second part. Whereas the Society has applied under section 17 of the Punjab State Aid to Industries Act, 1935, to the Director of Industries, Punjab/District Industries Officer............................ for a loan of Rs................ for the purpose of.................. And Whereas the Society has been established with the object of facilitating the operation of............................................... industry and whereas the total amount of liability of the members of the Society in accordance with the bye-laws of the Society or rules under the Punjab Co-operative Societies Act, [1964] [Substituted by Punjab Government Notification No. G.S.R. 220/P.A.5/35/Section 46/Amd(2) ,164, dated 22nd September, 1964.] , is not less than twice the amount of loan applied for. And Whereas the Director of Industries, Punjab/District Industries Officer,..................... has accordingly agreed to grant a loan of Rs.......... to be utilised for................... to the Society subject to the conditions hereinafter appearing. Now this Agreement Witnesseth that :- ### 1. (i) In pursuance of the said agreement and for purpose of the part securing the said sum of Rs........................... (the receipt whereof the Society hereby acknowledges) the Society hereby covenants with the Government to repay to Government, the said sum of Rs...................... with interest thereon at the rate of Rs....................... per cent per annum [with a rebate of four per cent per annum if the repayment of the principal and the payment of interest are made on due dates and the loan is being utilised or has been utilised for the purpose or purposes for which it was granted and the conditions on which it was granted, are being or have been duly fulfilled.] [Words added by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1)/77 dated 28.1.1977.] computed from............................... in the following instalments :- Instalments - First instalment of the sum of Rs................... representing the interest on the loan at the said rate for a period of one year commencing from.......................... to......................... shall be payable on the.................. day of................................. Second instalment of Rs............................. out of the principal amount shall be payable on the.................... day of................... Third instalment of Rs........................ out of the principal amount shall be payable on the................... day of...................... Fourth instalment of Rs........................ out of the principal amount shall be payable on the..................... day of.................. Fifth instalment of Rs......................... out of the principal amount shall be payable on the.......................... day of................... Sixth instalment of Rs......................... out of the principal amount shall be payable on the.......................... day of................... Seventh instalment of Rs......................... out of the principal amount shall be payable on the.......................... day of................... And the Society shall with each of the second to seventh instalments pay interest at the rate aforesaid accrued on the entire amount of loan remaining due immediately before such payment : Provided that the Director of Industries, may, for sufficient reasons, postpone the payment of interest on the due date or a period of one year at a time. If the payment of interest is so postponed, the amount of interest so postponed shall be considered added to the principal amount then remaining due and shall be payable by the Society to the Government with interest at the rate aforesaid and the amount of each instalment of principal then remaining due shall be increased by the amount equal to the amount of interest so postponed divided by the number of instalments as have not become due at that time : Provided further that the Director of Industries, may, at the written request of the Society extend the due date of payment of any instalment of the principal so however, that the total period of complete repayment of the loan with interest does not exceed ten years from the date of disbursement of the loan. (ii) that it shall be lawful for the society at any time to repay the whole or any portion of the said loan exceeding the instalment referred to above prior to the said due date or prior to the end of the extended period (if granted); (iii) the said loan is made under and shall remain in any case subject to the provisions of the Punjab State Aid to Industries Act, 1935, and the rules made or to be made thereunder; [(iii-a) The Society shall utilize the loan amount properly within a period of two months from the date of disbursement or such extended period as may be allowed by the Director of Industries, Punjab, or any officer authorised by him from time to time in this behalf] [Substituted by Punjab Government Notification No. G.S.R. 220/P.A.5/35/Section 46/Amd(2) /64, dated 22nd September, 1964.] ; (iv) [ if the society shall make default in compliance with any of the terms or conditions of this deed or in the repayment of any instalment of the loan hereby granted and the moneys hereby secured or any part thereof together with any interest that may be due thereon on the date or dates on which such moneys and such interest shall be payable, the entire amount of the loan withdrawn by him and outstanding against him shall become immediately payable and from the date of default. Government shall be entitled to charge interest [at the rate of rupees....... per cent per annum] [Substituted for 'at an enhanced rate of 7-½ per cent per annum' by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] and without prejudice to other rights and remedies of Government the said Director of Industries or any officer authorised by the Government in this behalf may issue a notice under Section 23 of the said Act and the moneys duly specified therein shall become immediately payable as if a money decree, therefor, had been passed by a civil Court in the exercise of its ordinary original jurisdiction.] ### 2. It is further agreed by the Society that notwithstanding anything hereinbefore contained, the Director of Industries, Punjab, may, by the appointments of its own Directors or otherwise exercise such control over the conduct of the industry to which State Aid has been given, as shall suffice in his opinion to safeguard the interests of Government in such industrial concern and that the Society shall forthwith comply with all recommendations made by the Director of Industries, or the Director so appointed. ### 3. It is further agreed that until the entire amount of loan is repaid with interest, the Society will undertake free training of apprentices selected by the Director of Industries, Punjab, not exceeding three in number, at any one time, the work carried on by the Principal and that non-fulfilment of this condition shall be deemed a default in compliance with this deed. In Witness Whereof the parties have hereunto set their hands in the............... year of the Republic of India. Signed for an on behalf of the above-named Society. The seal of the................. (the Society hereinbefore referred to) was hereunto affixed by virtue of a resolution of the Managing Committee No.................., dated the.................. day of.................. In the presence of - Member of the Managing Committee. Member of the Managing Committee. Member of the Managing Committee. In the presence of :- | | | | --- | --- | | 1.\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | Signature for and on behalf of the Governor of Punjab by | | Witnesses | | | 2.\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | Director of Industries, Punjab. | Form 'F' [Form of mortgage deed for a loan to the purchasers of plots in or outside Industrial Areas.] [Caption by added Haryana Notification No. G.S.R.- 50P.A. 5/35/Section 46/Amd.(2) /80, dated 1.5.1980.] This Mortgage and Deed made this..................... day of.............., 19 between. (A) The............................ Limited, a company incorporated in India and registered under the [Indian Companies Act, 1956] [See now the Companies Act, 1956.] , with registered office at...................... (B) .................................... A Society registered under Act XXI of 1860 with Principal place of business at.............................. (C) (1)......................., son of................, caste.......... (2) ......................., son of................, caste.......... (3) ......................., son of................, caste.......... residing at........................, and himself constituting the sole or only proprietor of the ---------------------------- being all the partners --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- and carrying on business at ----------------------------------------in the name and style of--------------------------------------------- | | | --- | | (Hereinafter| himselfthemselves| its, histheir| local representatives assigns, jointly and severally referred to as the Mortgagor of the first part :- | And Secondly, the Governor of Punjab, through the Director of Industries (hereinafter referred to as Government) of the second part : Whereas the Mortgagor has assured Government that he is sole owner of Plot No........................... measuring....................... situated in the Industrial area......................, at........................... District...................... (the said property being detailed or described more particularly in Schedule I to this deed) and that the same is not mortgaged or charged or otherwise encumbered in any way whatsoever except in favour of Government under the deed of conveyance dated............................ And Whereas the Mortgagor has applied under section 17 of the Punjab State Aid to Industries Act, 1935, to the Director of Industries, Punjab, for a loan of Rs......................... for the purpose of..................... and to secure the same by mortgage of the property referred to in the said Schedule I and the factory buildings to be constructed and the machinery to be installed therein. And the Director of Industries, Punjab (with the previous sanction of.................) has accordingly agreed to the grant of loan of Rs............... to the Mortgagor in the manner and subject to the conditions hereinafter appearing. Now This Indenture Witnesseth That ### 1. (i) The entire amount of Rs................. including Rs..............., advanced as loan and Rs..................... deposited by the Mortgagor shall be deposited in the State Bank of India/Punjab National Bank, Limited, in the Joint names of................. and the Mortgagor. The Mortgagor shall not be entitled to withdraw the amount from the said deposit without the authorisation of...................... but D.I.O. shall have the right to operate the joint account without the consent or authority of the mortgagor. (iii) The mortgagor shall be allowed to utilise the sum of Rs.............. out of the said deposit for the construction of factory buildings in three instalments. The first instalment consisting of Rs................. shall be withdrawn for undertaking the laying of foundation and the making of construction up to plinth level, the second instalment of Rs................. for building the construction up to roof level and the third instalment of Rs.................., for roofing, flooring, plastering and door fitter like things. Similarly, he shall be allowed to utilise the sum of Rs.............. out of the said deposit for the purchase of machinery in three instalments the first instalment of Rs................ for payment of advance to the machinery suppliers, the second instalment of Rs.....................for taking delivery of the machinery on receipt of the R/Rs. and the third instalment of Rs................... for the installation of the machinery. (iv) The mortgagor shall repay the loan in five annual instalments as hereunder :- ### 1. Rs. ### 2. Rs. ### 3. Rs. ### 4. Rs. ### 5. Rs. In addition the mortgagor shall with each instalment pay interest at the rate of.................. per cent per annum [with a rebate of four per cent per annum if the repayment of the principal and the payment of interest are made on due dates and the loan is being utilised or has been utilised for the purpose or purposes for which it was granted and the conditions on which it was granted are being or have been duly fulfilled.] [Added by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] on the amounts due immediately before such payment. The first instalment shall fall due on the expiry of the two years of the date of the opening of the account. The interest on the loan shall accrue from the date of the opening of the account in the Bank. No interest shall, however, be recovered alongwith the first instalment and the interest accruing during the first two years will be spread over the remaining period of the recovery. (v) It shall be lawful for the Director of Industries, Punjab, at his sole discretion and at the request of the mortgagor to extend the time for payment of any instalment by a period not exceeding four years. (vi) It shall be lawful for the mortgagor at any time to repay the whole or any portion of the said loan in excess of the instalment referred to above or prior to the due date................ (vii) The said loan is made under and shall remain in any case subject to the provisions of the Punjab State Aid to Industries Act, 1935, and any rules made. (viii) [ The mortgagor shall utilize the loan amount properly within a period of [six months] [Substituted by Punjab Government Notification No. G.S.R. 220/P.A.5/35/Section 46/Amd.(2) /64, dated 22nd September, 1964.] from the date of disbursement or such extended period as may be allowed by the Director of Industries, Punjab, or any Officer authorised by him from time to time in this behalf]. (ix) The mortgagor shall not, except with the approval of the said Director of Industries previously obtained, withdraw from the industrial concern for the purpose of which the said loan is hereby granted, any profits or declare or distribute dividends in excess of such percentage rate upon the amount of the capital of the Industrial concern as may be determined by the Director of Industries, Punjab, in each case, so long as any part of the loan or the State Aid remains unpaid or this deed remains in force. If the mortgagor misuse the amount withdrawn by him from the amount of Rs.................. deposited in the.................. Bank or fails to comply with any of the conditions herein contained and to be performed and observed by him the amount contributed by him towards the said deposit shall without prejudice to other rights and remedies of Government stand forfeited to Government. If any amount contributed by him remains unspent after the factory building has been constructed and/or the machinery has been purchased and installed, the same shall be returned to the mortgagor. (x) If the mortgagor shall make default in compliance with any of the terms or conditions of this deed or in the re-payment of the loan hereby granted and the moneys hereby secured or any part thereof together with any interest shall be payable, the entire amount of the loan withdrawn by him and outstanding against him shall become immediately payable and from the date of default Government shall be entitled to charge interest [at the rate of rupees....... per cent per annum] [Substituted for 'at an enhanced rate of 7-½ per cent per annum' by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] and without prejudice to other rights and remedies of Government, the said Director of Industries may himself issue a notice under Section 23 of the said Act and the moneys duly specified therein shall become immediately payable as if a money decree therefor had been passed by a Civil Court in the exercise of its original jurisdiction. And in further pursuance of the said agreement and for the considerations aforesaid the mortgagor as beneficial owner both hereby grant, convey and assign into Government. ### 3. Provided always that when the convents for payment contained herein shall have been satisfied and the principal sum together with all interest due thereon shall have been entirely paid, Government as mortgagor shall at the request and cost of the mortgagor reconvey the properties mortgaged or remained there as he shall direct. ### 4. And in further pursuance of the agreement and convenants referred to above the mortgagor hereby agrees to insure against fire up to the full amount of the loan the entire machinery and stock in mortgagor's............... And if Government so desire all other property hereby mortgaged and that the policy of insurance shall be taken out in the joint name of the mortgagor and the Punjab Government and that it shall be deposited with the Director of Industries, Punjab. The mortgagor shall pay all premiums and at his own cost renew the policy very year during the currency of the loan, failing which Government may pay the same and such premiums shall form part of the loan secured with interest under this mortgagor. ### 5. The mortgagor shall be required to put up engraved metal plates of the prescribed size containing the words 'pledged to Government' at his own cost on every machine and shall be liable to pay as liquidated damages a sum not exceeding Rs. 500 if he wilfully removes or defaces the plate. ### 6. It is further agreed by the mortgagor that notwithstanding anything hereinbefore contained, Government or the Director of Industries, Punjab, may by the appointment of its own Directors or otherwise exercise such control over the conduct of the industry to which State Aid has been given, as shall suffice in their or his opinion to safeguard the interest of Government in such industrial concern, and that the mortgagor shall forthwith comply with all recommendations made by the Director of Industries or the Director so appointed. ### 7. It is further agreed that any plant or machinery and property mortgaged hereby whether specified in the deed as security or not of the borrower during the currency of the loan shall until the loan is repaid in full with interest thereon, remain hypothecated to the Government as Collateral security and any transfer thereof, assignment of any right, title or interest therein or the creation of any mortgage, encumbrance or any other charge thereon by the mortgagor shall be void against Government unless it has been made with the previous written consent of sanctioning authority. ### 8. It is further agreed that until the entire amount is repaid with interest, the mortgagor will undertake free training of apprentices selected by the Director of Industries, Punjab, not exceeding three in number, at any one time in the work carried on by the Mortgagor and that non-fulfilment of this condition shall be deemed a default in compliance with this deed. ### 9. It is further agreed that the stamp on this instrument shall be borne by the mortgagor and the same shall be presented for registration by the mortgagor and registered at his own cost. ### 10. Government shall be entitled to enforce the mortgage subject to its rights under the deed of conveyance dated............. without suing on the basis of the said dead of conveyance. I --- (Above referred to) I. (i) Serial No. of Plot. (ii) Name of Industrial Area. (iii) Name of the plot in acres/squares yards. (iv) Detailed dimensions, viz., length, breadth and diagonals, etc. in case of irregular size of plot. (v) Description of boundaries on the :- (a) North bounded by. (b) South bounded by. (c) East bounded by. (d) West bounded by. II. Factory buildings constructed or to be constructed and other assets including book debts, stocks, stores and share, machinery and equipment existing or to be purchased. In witness whereof the parties have hereunto set their hands on the dates, respectively, mentioned against their signatures in the............... Year of the Republic of India. (1) (In case of an Individual) Shri............. Signed by the above named mortgagor. Proprietor of.................. In the presence of :- \*I. 1. Signature. ### 2. Occupation. ### 3. Address. II. 1. Signature. ### 2. Occupation. ### 3. Address. by the Mortgagor should be one through Signed by the above-named in the appropriate form as follows :- firm of \* \*Name or names of firm or partners Partner of the said firm thereof. In the presence of :- Witness (1) Occupation. Address. Witness (2) Occupation. Address. N.B. - The Director of Industries should be satisfied from a partnership deed or otherwise that the executant has full power as such to bind the firm and attention is called to section 58(d) of the Indian Partnership Act, 1932 failing which a special Power-of-Attorney should be demanded from absent partners in favour of the persons signing which should be retained with Government's copy of the Mortgage. ### 2. (In the case of a Society) :- The Seal of the................... (the society hereinbefore referred to) was hereunto affixed by virtue of a resolution of Governing Committee No........................................, dated the.............................., day of......................., 19 . In the presence of :- Member of the Governing Committee. Member of the Governing Committee. Member of the Governing Committee. ### 3. (In the case of company) :- The seal of the.................. Company, Limited, was affixed by virtue of the resolution of the Board, No........................., dated the................. day of,........................., 19 . In the presence of :- Director. Director. Secretary. N.B. - In the case of either a Society under Act XXI of 1860 or II of II of 1912 or a company incorporated under the Companies Act, the Director of Industries should require a copy of the resolution above referred to certified correct (either by one of the members of the Government Committee of the Society or by a Director or Secretary of the Company as the case may be) authorising the particular executant as to sign or to affix the seal. It is, however, not necessary for the persons mentioned above always to execute the mortgage itself, and it is, sometime, not convenient for them to do so in person as it involves all the officers in question appearing before the Sub- Registrar and bringing with them the seal of the society or company. If they so desire they may execute a special Power-of-Attorney authorising any respectable person preferably one of their own body to do all things necessary for the single transaction, viz., the completion of the mortgage which will be referred to in the preamble to such Power-of-Attorney. In that case the Power-of-Attorney will require to be the executed on paper stamped at Rs. 2 and though it need not be registered or authenticated by the Sub-Registrar (vide circular No. 49/3076/1-30, from the Inspector-General of Registration, Punjab, dated the 7th August, 1933). The Director of Industries may require the same to have been attested under section 85 of the Indian Evidence Act where the mortgagee is executed by an Attorney it will (if for a term exceeding one year) be presented for registration by the Attorney. Singed on behalf of the Governor of Punjab. Director of Industries, Punjab. Mortgagee. In the presence of - (1) Witnesses. (2) Form 'G' Department of Industries, Punjab Notice under Section 23 of the Punjab State Aid to Industries Act, 1935\_\_\_\_\_\_\_\_\_\_ No. DL-21----------------, dated Shimla/Chandigarh, the ----------------------------19 Whereas------------------------------------------------------------------------- was/were granted a loan of Rs---------------------------- under section 21 of the Punjab State Aid to Industries Act, 1935 and whereas the said-------------------------------------- executed a deed on the --------------------19 , in which among other things he/they covenanted to pay the said loan in ----------------------------- -----------instalments with interest at the rate of -------------------------------------per cent per annum; And whereas a sum of Rs------------------------------------- was due to be paid on the ------------------------------------19 , and whereas the said ---------------------------------has failed to pay the aforesaid sum contrary to the covenants agreed upon in the said deed and the entire loan has become immediately repayable ; Now, therefore, I hereby give notice to the said---------------------------- to pay to me the sum of Rs--------------------- with interest at the rate of-------------------- per cent per annum from----------------------------till realisation, on or before the------------------------------19 , in default of which a declaration will be issued under sub-section (1) of section 24 of the Act that the said sum of Rs-------------------- with interest thereon is due and that the property described in the schedule attached to the said deed is liable for the satisfaction of the said debt. Director of Industries, Punjab. Dated----------------------------- To------------------------------- -------------------------- -------------------------- Form 'G' Department of Industries, Punjab Declaration under section 27 of the Punjab State Aid to industries Act, 1935 No. DL-2/------------------- dated------------- 19. Whereas Shri/ M/s ------------------------------------------------------------- was/were granted a loan of Rs.------------under section 21 of the Punjab State Aid to Industries Act, 1935, for the purpose -------------------------------------------------------------------------------------------------------------------------------- and which amount was disbursed to the said Shri/ M/s.-----------------------------------------------------------------on--------------------19 , after due execution of a mortgage deed under section 21 of the said Act and its registration with the Sub-Registrar/Joint Sub-Registrar-- | | | --- | | And whereasit has been observed that| the above-mentioned loanthe conditions on which the| has not been applied to the purpose for which it was granted. | -------------------------------------------------------------- loan was granted have not been duly fulfilled. | | | --- | | I, therefore, hereby declare that the said| said amountbalance| of Rs. ------------------------ | has become immediately repayable under section 2 the said Act and give notice to the said Shri/M/s----------------------------------------------------------- pay to me this amount together with interest due thereon at--------- percent from----------------------19, up to the date of payment by the ----------------------19 , failing which a notice under section 23 of the said Act will be issued for its recovery. Director of Industries, Punjab, Dated----------------------------- Shri/M/s------------------------ -------------------------- --------------------- [Form G-1] [Inserted by Punjab Government Notification No. G.S.R. 220/PA. 5/35/Section 46/Amd(2) 64, dated 22nd September, 1964.] Department of Industries, Punjab Declaration-cum-Notice under Section 27 of the Punjab State Aid to Industries Act, 1935 No. DI/2/---------------- dated----------------- 19 Whereas Shri/M/s.------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- was/were granted a loan of Rs----------------------under section 21 of the Punjab State Aid to Industries Act, 1935 for the purpose-----------------------------------------------------------------------------------------------------------------------------------------------------------------and which amount was disbursed to the said Shri M/s. ---------------------------------on---------------------------19 , after due execution of a mortgage deed/agreement under section 21 of the said Act and its registration with the Sub-Registrar/Joint Sub-Registrar. And whereas it has been observed that the above-mentioned loan has not been applied to the purpose for which it was granted, or the conditions on which such loan was granted have not been duly fulfilled. Now, therefore, I hereby declare that the said amount/balance of Rs-------------- has become immediately repayable under section 27 of the said Act and give notice to the said Shri/M/s.----------------------------------------------------------------------------------------------------------------------------\_------------------------------------------------- to pay to me the sum of Rs----------------------------------with interest at the rate of------------------------------per cent per annum from---------------------------------- till realisation, on or before the ----------------------------- 19, in default of which a declaration will be issued under sub-section (1) of section 24 of the Act that the said sum of Rs------------------- with interest thereon is due and that the property described in the schedule attached to the said deed is liable for the satisfaction for the said debt. Director of Industries, Punjab --------------------------------------------- Deputy Director of Industries, Punjab--------------------------------------------- District Industries Officer -------------------------------------- Assistant District Industries Officer ------------------------------------ To ----------------------------------- ----------------------------------- ----------------------------------- Form 'H' Department of Industries, Punjab Notification Declaration under section 24 of the Punjab State Aid to Industries Act, 1935 | | | --- | | No. DL-2/----------------dated| SimlaChandigarh| the---------------------19 | Whereas a notice was served on------------------------------------------------------------ -----------------------------------------on the ----------------------19 , under section 23 of the Punjab State Aid to Industries Act, 1935, calling upon the said----------------------------------to pay to me the sum of Rs------------------------- with interest thereon at the rate of------------------------------ per cent per annum from-------------------- till date of final payment and whereas the said sum has not been paid in full, I hereby declare that the sum of Rs-----------------with further interest thereon at the rate of------------------per cent per annum from--------------- till date of final payment is due from the said------------------------------- and that the property described in the attached schedule is liable for the satisfaction of the said debt. Director of Industries, Punjab. Dated-------------------------------------19. Form 'I' Form of Notice Under Section 39 Whereas------------------------------was assisted in the purchase of the machinery mentioned in the enclosed schedule, on the hire-purchase system, and Whereas the said-------------------------paid-------------------------- percentage of the price, leaving a balance of Rs---------------------------- and agreed to pay this balance by------------------------------------------- and Whereas the said------------------------------- failed to comply with this/these------------condition(s) by not having paid------------------------ in consequence of which failure the entire balance of the price amounting to Rs---------------------- and interest thereon, is immediately repayable. Now, therefore, I hereby give notice to the said----------------------- to pay me, the sum of Rs---------------------------------- within 16 days from this notice, in default of which the hiring shall be terminated and the machinery mentioned in the schedule shall be seized and disposed of in such manner as I may consider reasonable. Director of Industries, Punjab. Dated------------------------ Schedul [Form 'J'] [Added by Punjab Government Notification No. 8572-I & C- 55/19458-A, dated the 1st August, 1955.] [Form of deed for a loan under the scheme for the provision of factory accommodation.] [Caption added by Haryana Notification No. G.S.R.-50P.A. 5/35/Section 46/Amd.(2) /80, dated 1.5.1980.] This Mortgage Deed made this -------------------------------------------------------day of---------------------------------------------------- 19. Between (A) The------------------------------------------------------------Limited Company in-corporated in India and registered under the Indian Companies Act, 1956 with registered office at------------------------------------------ (B) ---------------------------------------------------------------, a Society registered under the [Punjab Co-operative Societies Act] [See now the Punjab Co-operative Societies Act, 1961.] , [1961] [Substituted by Punjab Government Notification No. G.S.R.220/P.A.5/35/Section 46/Amd(2) /64, dated 22nd September, 1964.] with principal place of business at--------------------------------------- (C) (1)------------------son of--------------------------, Caste---------------------- (2) ------------------son of--------------------------, Caste--------------------- (3) ------------------son of--------------------------, Caste---------------------- residing -------------------------------------------- and himself constituting the sole or only proprietor--------------------------------- of the----------------------------------------- being all the partners ---------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- and carrying on business at------------------------------------------------------------------ in the name and style of------------------------------------------------------------------ | | | --- | | (hereinafter| himself its, histhemselves their| heirs and legal representatives assign jointly and severally referred to as the Mortgagor of the first part. | And secondly, the Governor of Punjab, through the Director of Industries (hereinafter referred to as Government) of the Second part. Whereas the Mortgagor has assured Government that he is sole owner of Plot No. --------------------, measuring--------------------------, situated in--------------------------, at----------------------------- District ------------------------------------(the said property being detailed or described more particularly in schedule I to this deed. And whereas the mortgagor purchased the said plot from------------------ ---------------------------------, vide sale deed registered on------------------------------ and has assured Government that the same is not mortgaged or charged or otherwise encumbered in any way. And whereas the Mortgagor has applied under section 17 of the Punjab State Aid to Industries Act, 1935, to the Director of Industries, Punjab, for a loan of Rs-------------- for the development charges, construction/extension of factory building, for the development of----------------------------- industry and to secure the same by mortgage of the property referred to in the said Schedule I and the factory buildings to be constructed thereon and the machinery to be installed, therein. And the Director of Industries, Punjab (with the previous sanction of Punjab Government) has accordingly agreed to the grant of loan of Rs-----------------------------, to the Mortgagor for the construction and/or extension of factory building, in the manner and subject to the conditions hereinafter appearing. Now This Indenture Witnsseth That - ### 1. (i) The Mortgagor has deposited Rs.------------------- in cash in the State Bank of India--------------------, on account of the contribution to be made by him, the cost of the plot viz., Rs.--------- already purchased and/or the depreciated cost of the factory building already constructed, viz., Rs.------------ has been accounted for towards the contribution to be made by the Mortgagor. (ii) The entire amount of---------- including Rs.-------------- advanced as loan and Rs.-------------- deposited by the Mortgagor shall be deposited in the State Bank of India------------------, in the Joint names of District Industries Officer ----------------------, and the Mortgagor. The Mortgagor shall not be entitled to withdraw the amount from the said deposit without the authorisation and counter signature of---------------------------- but the said District Industries Officer, shall have the right to operate the joint account without the consent or authority of the mortgagor. (iii) The mortgagor shall be allowed to utilise such sum not exceeding Mortgagor's own contribution as may be determined by the District Industries Officer from the bank deposit referred to in clause 1(ii) of this deed for payment of the cost of development charges of the area in which the plot to be built upon is situated. In case the cost of development charges is higher than the amount drawn out of the said bank deposit, the balance amount of the cost of development charges as determined by the District Industries Officer in consultation with the District Evaluation Committee, will be met by mortgagor from his own resources and shall be reimbursed to the mortgagor out of the bank deposit as soon as the amount is actually spent on the development of the area and the mortgagor furnishes a proof of such expenditure to the satisfaction of the District Industries Officer. If the actual amount spent on the development of the area is less than the amount drawn by the mortgagor from the joint account, the mortgagor shall repay the difference to the District Industries Officer for being re-deposited in the said joint account. The balance amount in the said bank deposit shall be utilised in three instalments each to be determined by the District Industries Officer. First instalment shall be utilized by the mortgagor for raising the construction of the factory building up to the plinth level, second instalment shall be utilized for raising the building up to the roof level and third instalment for roofing and flooring and installation of electricity and other allied objects. (iv) The mortgagor shall repay the loan of Rs.-------------- in the following eleven annual instalments on or before the dates mentioned against each :- (1) Rs.----------------- on the --------------- day of -------------- 19 . (2) Rs.----------------- on the --------------- day of -------------- 19 . (3) Rs.----------------- on the --------------- day of -------------- 19 . (4) Rs.----------------- on the --------------- day of -------------- 19 . (5) Rs.----------------- on the --------------- day of -------------- 19 . (6) Rs.----------------- on the --------------- day of -------------- 19 . (7) Rs.----------------- on the --------------- day of -------------- 19 . (8) Rs.----------------- on the --------------- day of -------------- 19 . (9) Rs.----------------- on the --------------- day of -------------- 19 . (10) Rs----------------- on the --------------- day of -------------- 19 . (11) Rs.---------------- on the --------------- day of -------------- 19 . [In addition the mortgagor shall with each instalment pay interest at the rate of rupees\_\_\_\_\_\_\_\_\_\_\_\_ per cent per annum with a rebate of 4 per cent per annum if the repayment of the principal and the payment of interest are made on due dates and the loan is being utilised or has been utilised for the purpose or purposes for which it was granted and the conditions on which it was granted are being or have been duly fulfilled. The mortgagor shall pay interest at the aforesaid rate on the first anniversary of the date on which the loan amount is deposited in the State Bank of India and thereafter, he shall along with each instalment pay interest at the said rate, on all sums due immediately on or before such payment.] [Substituted by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] (v) It shall be lawful for the Director of Industries, Punjab, at his sole discretion and at the request of the mortgagor to extend the time for payment of any instalment as provided in the rules framed under the Punjab State Aid to Industries Act, 1935. It shall be lawful for the mortgagor at any time to repay the whole or any portion of the said loan in excess of the instalments referred to above or prior to the due date of any instalment. (vi) The said loan is made under the provisions of the Punjab State Aid to Industries Act, 1935, and the rules made thereunder. [(vi-A) The mortgagor shall utilize the loan amount properly within a period of [six months] [Added by Punjab Government Notification No.G.S.R.220/PA.5/35/Section 46/Amd(2) /64, dated the 22nd September, 1964.] from the date of disbursement or such extended period as may be allowed by the Director of Industries, Punjab, or any officer authorised by him from time to time in this behalf.] (vii) (a) the factory building shall be got constructed/extended by the Mortgagor in accordance with the plan approved by the Executive Engineer, P.W.D., B. and R. Branch, concerned according to the bye-laws governing the construction of factory building in the Industrial Area. The Mortgagor shall also get the approval of the Municipal Committee or the Local Authority concerned for the construction and/or the extension of factory building. (b) The development of the plot and/or the construction/extension of the factory building shall be the sole responsibility of the Mortgagor [\* \* \* \*] [Deleted by Punjab Government Notification No.G.S.R.220/PA.5/35/Section 46/Amd(2) /64, dated the 22nd September, 1964.] . (viii) The mortgagor shall not, except with the approval of the said Director of Industries previously obtained, withdraw from the industrial concern for the purpose of which the said loan is hereby granted any profits or declare or distribute dividends in excess of such percentage rate upon the amount of the capital of the industrial concern as may be determined by the Director of Industries. Punjab, in each case, so long as any part of the loan or State Aid remains unpaid or this deed remains in force. (ix) If the mortgagor shall make default in compliance with any of the terms or conditions of this deed or in the repayment of any instalment of the loan hereby granted and the moneys hereby secured or any part thereof together with any interest that may be due thereon the date or dates on which such moneys and such interest shall be payable, the entire amount of the loan withdrawn by him from the State Bank of India and outstanding against him shall become immediately payable and the amount then lying deposited in the Bank may be withdrawn by the District Industries Officer and appropriated towards the amount due from the mortgagor and from the date of default Government shall be entitled to charge interest [at the rate of rupees....... per cent per annum] [Substituted for 'at an enhanced rate of 7-½ per cent per annum' by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] and without prejudice to other rights and remedies of Government, the said Director of Industries may himself issue a notice under Section 23 of the said Act for the balance recoverable from the mortgagor and the moneys duly specified therein shall become immediately payable as if a money decree therefor had been passed by a Civil Court in the exercise of its original jurisdiction. ### 2. And in further pursuance of the said agreement and for the considerations aforesaid the mortgagor as beneficial owner doth hereby grant, convey and assign unto Government. (a) All the properties mentioned in the said Schedule I, together with buildings constructed and the machinery installed or that may hereafter be constructed or installed thereon. (b) All the assets, present and to be hereafter acquired by the mortgagor whether the said assets now or in future be in his own name or that of------------------------------------------------ including book debts, stocks and stores the premises and machinery whether existing or to be purchased with the aid of the loan hereby granted or with any portion thereof and whether referred to in Schedule I or not, to have and to hold the same unto and to the use of Government its successors and assigns for ever subject to the proviso for redemption hereinafter contained. ### 3. Provided always that when the covenants for payment contained therein shall have been satisfied and the principal sum together with all interest due thereon shall have been entirely paid, Government as mortgagee shall at the request and cost of the mortgagor reconvey the properties mortgaged or remainder thereof as he shall direct. ### 4. And in further pursuance of the agreement and covenants referred to above, the mortgagor hereby agrees to insure against fire up to the full amount of the loan, the entire factory building and machinery and stock in the said concern ----------------, and if Government so desire all other property hereby mortgaged and the policy of insurance shall be taken out in the joint name of the mortgagor and the Punjab Government and that it shall be deposited with the Director of Industries, Punjab. The mortgagor shall pay all premiums, and at his own cost renew the policy every year during the currency of the loan, failing which Government may pay the same and such premiums shall form part of the loan secured with interest under this mortgage. ### 5. It is further agreed by the mortgagor that, notwithstanding anything hereinbefore contained, Government or the Director of Industries, Punjab, may by the appointment of its own directors or otherwise exercise such control over the conduct of the industry to which State-Aid has been given, as shall suffice in their or his opinion to safeguard the interest of Government in such industrial concern, and that the mortgagor shall forthwith comply with all recommendations made by the Director of Industries or the Director so appointed. ### 6. It is further agreed that until the entire amount is repaid with interest, the mortgagor will undertake free training of apprentices selected by the Director of Industries, Punjab, not exceeding three in number, at any one time, in the work carried on by the mortgagor and that non-fulfilment of this condition shall be deemed as default in compliance with this deed. ### 7. It is further agreed that the stamp on this instrument shall be borne by the mortgagor and the same shall be presented for registration by the mortgagor and registered at his own cost. "Schedule I" (above referred to) I. (i) No./Hadbast of Plot and its location. (ii) Name of locality. (iii) Area of the plot in acres/square yards. (iv) Detailed dimensions, viz., length, breadth and diagonals, etc. in case of irregular size of plot. (v) Description of boundaries on the- (a) North bounded by. (b) South bounded by. (c) East bounded by. (d) West bounded by. II. Factory buildings constructed or to be constructed and other assets including shares, book debts, stocks and stores machinery and equipment existing or to be purchased. In witness whereof the parties have hereunto set their hands on the dates, respectively, mentioned against their signatures in the---------------------- year of the Republic of India. ### 1. (a) (In case an individual)--Shri ----------------------------------- signed by the above-named mortgagor, proprietor of --------------------------- ----------------------------. In the presence of - \*(i) (1) Signature (2) Occupation (3) Address (ii) (1) Signature (2) Occupation (3) Address (b) In case of firm \*[through partner(s) of the firm.] In the presence of - Witness (1) Occupation Address Witness (2) Occupation Address \*Signed by the above-named firm of. N.B. - The Director of Industries should be satisfied from a partnership deed or otherwise that the executant has full power as much to bind the firm and attention is called to section 58(d) of the Indian Partnership Act, 1932, failing which a special Power of Attorney should be demanded from absent partner in favour of the persons signing, which should be retained with Government's copy of the Mortgage deed. ### 2. (In the case of society) - The seal of the-------------------------(the society hereinbefore rement Committee No.-------------------, dated the ------------------- day of----------------- 19 In the presence of - Member of the Governing Committee. Member of the Governing Committee. Member of the Governing Committee. ### 3. (In the case of company) - The Seal of the------------------- Company, Limited was affixed by virtue of the resolution of the Board, No.-------------, dated the------------- day of------------------- 19. In the presence of - Director Director Secretary N.B. - In the case of either a society under the Punjab Co-operative Societies Act, [1961] [Substituted by Punjab Government Notification No. G.S.R. 220/P.A.S/35/Section 46/md(2) /64, dated the 22nd September, 1964.] or a company incorporated under the Companies Act, 1956, the Director of Industries should require a copy of the resolution above referred to certified correct (either by one of the members of the Governing Committee of the society or by a Director Secretary of the company, as the case may be) authorising the particular executant as to sign or to affix the seal. It is, however, not necessary for the persons mentioned above always to execute the mortgage itself, and it is, sometimes, not convenient for them to do so in person as it involves all the officers in question appearing before the Sub-Registrar and bringing with them the seal of the Society or Company. If they so desire they may execute a special Power-of-Attorney authorising any respectable person preferably one of their own body to do all things necessary for the single transaction, viz., "the completion of the mortgage" which will he referred to in the preamble to such Power-of-Attorney. In that case the Power-of-Attorney will require to be executed on paper stamped at Rs. 2 and though it need not be registered or authenticated by the Sub-Registrar (vide circular No. 49/3076/1-30, from the Inspector General of Registration, Punjab dated the 7th August, 1933). The Director of Industries may require the same to have been attested under section 85 of the Indian Evidence Act. Where the mortgage is executed by an Attorney it will (if for a term exceeding one year) be presented for registration by the Attorney. | | | | --- | --- | | In the presence of - | Signed on behalf of the Governor of Punjab.Joint Director of Industries, Punjab. | | Witnesses(1) | Mortgagee.(2) | Form 'K' [Form of agreement deed for a loan to an applicant who has yet to purchase a plot under the scheme for the provision of factory accommodation.] [Caption added by Haryana Notification No. G.S.R.-50P.A. 5/35/Section 46/Amd.(2) /80, dated 1.5.1980.] An agreement made--------------------- day of ----------------------- Between (A) ----------------------------------------------- a company incorporated in India and registered under the Indian Companies Act, 1956, with registered office at--------------------- (B) a society registered under the [Punjab Co-operative Societies Act] [See now the Punjab Co-operative Societies Act, 1961.] , [ - ] [Substituted by Punjab Government Notification No. G.S.R.220/P.A.5/35/Section 46/ Amd.(2) /64, dated the 22nd September, 1964.] , [1961] [See now the Punjab Co-operative Societies Act, 1961.] , with principal place of business at------------------- (C) (1) -------------------------, son of -------------------, caste ----- (1) -------------------------, son of -------------------, caste ----- (1) -------------------------, son of -------------------, caste ----- residing at -------------------------------------, and himself constituting the sole or only proprietor being all the partners--------------------------------------- of the carrying on business at ----------------------in the name and style of---------------------------------------- (hereinafter himself/themselves its/his their heirs and legal representatives, assignees, jointly and severally referred to as the Borrower) of the part, And the Government of Punjab (hereinafter called the Government) of the other part. Whereas the Borrower has applied under section 17 of the Punjab State Aid to Industries Act to the Director of Industries, Punjab, for a loan of Rs. --------------------------- for the purchase of a plot of land and for the purpose of constructing a factory building thereon. And Whereas the Director of Industries, Punjab with the previous sanction of Government has agreed to lend the said sum of Rs.--------------------- to the borrower for the said purpose in the manner and subject to the conditions hereinafter appearing. Now this agreement witnesses and the parties here to hereby agree as follows :- ### 1. The Borrower has deposited Rs.---------------- with the State Bank of India ----------------------- on account of the contribution to be made by him towards the cost of the plot and construction of the factory building. ### 4. After the Borrower has purchased and mortgaged the plot as aforesaid and re-deposited the amount by which the cost of the plot purchased by him is less than the amount withdrawn by him from the said joint account, the balance amount in the said joint account left after making the reimbursement mentioned in clause 3 thereof shall be utilised in --------------- instalments the amount of each of which shall be determined by the District Industries Officer. First instalment shall be utilised by the Borrower for meeting the development charges of the area in which the plot to be built upon is situated and raising the construction of factory building up to plinth level, the second instalment shall be utilised for raising the factory building up to the roof level and the third instalment shall be utilised for the roofing, flooring, installation of electricity and other allied objects. ### 5. The borrower shall repay the loan amount of Rs.---------------- in the following -------------------- annual instalments on or before the dated mentions against each :- ### 1. Rs. ---------------- on the ------------------ day of ----------- 19 ### 2. Rs. ---------------- on the ------------------ day of ----------- 19 ### 3. Rs. ---------------- on the ------------------ day of ----------- 19 ### 4. Rs. ---------------- on the ------------------ day of ----------- 19 ### 5. Rs. ---------------- on the ------------------ day of ----------- 19 ### 6. Rs. ---------------- on the ------------------ day of ----------- 19 ### 7. Rs. ---------------- on the ------------------ day of ----------- 19 ### 8. Rs. ---------------- on the ------------------ day of ----------- 19 ### 9. Rs. ---------------- on the ------------------ day of ----------- 19 ### 10. Rs.---------------- on the ------------------ day of ----------- 19 ### 11. Rs. --------------- on the ------------------ day of ----------- 19 ### 12. Rs. --------------- on the ------------------ day of ----------- 19 ### 13. Rs. --------------- on the ------------------ day of ----------- 19 ### 14. Rs. --------------- on the ------------------ day of ----------- 19 ### 15. Rs. --------------- on the ------------------ day of ----------- 19 [In addition the borrower shall with each instalment pay interest at the rate of rupees\_\_\_\_\_\_\_\_\_\_ per cent per annum with a rebate of 4 per cent per annum if the repayment of the principal and the payment of interest are made on due dates and the loan is being utilised or has been utilised for the purpose or purposes for which it was granted and the conditions on which it was granted are being or have been duly fulfilled. The borrower shall pay interest at the aforesaid rate on the first anniversary of the date on which the loan amount is deposited in the State Bank of India and thereafter, he shall along with each instalment pay interest at the said rate on all sums due immediately on or before such payment.] [Substituted by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] ### 6. It shall be lawful for the Director of Industries, Punjab, at his sole discretion and at the request of the Borrower to extend the time for payment of any instalment as provided in the rules framed under the Punjab State Aid to Industries Act, 1935. ### 7. It shall be lawful for the Borrower at any time to repay the whole or any portion of the said loan in excess of the instalments referred to above or prior to the due date of any instalment. ### 8. The said loan is made under the provisions of the Punjab State Aid to Industries Act, 1935, and the rules made thereunder. ### 9. The development of the plot to be purchased and the construction of the factory building thereon shall be the sole responsibility of the Borrower and he shall utilise the loan properly within a period of one year of the date of the opening of the joint account in the bank. ### 10. The Borrower, shall not except with the approval of the said Director of Industries previously obtained, withdraw from the Industrial concern for the purpose of which the said loan is hereby granted, any profits in excess of such percentage rate upon the amount of the capital of the industrial concern as may be determined by the Director of Industries, Punjab in each case, so long as any part of the loan or the State Aid remains unpaid or this agreement remains in force. ### 11. It is further agreed that until the entire amount is repaid with interest, the Borrower will undertake free training of apprentices selected by the Director of Industries, Punjab not exceeding three in number, at any one time, in the work carried on by the borrower, and that non-fulfilment of this condition shall be deemed as default in compliance with this agreement. ### 12. If the borrower shall make default in compliance with any of the terms or conditions of this deed or in the repayment of any instalment of the loan hereby granted and the moneys hereby secured or any part thereof together with any interest that may be due thereon on the date or dates on which such moneys and such interest shall be payable, the entire amount of loan withdrawn by him and outstanding against him shall become immediately payable and the amount then lying deposited in the Bank may be withdrawn by the District Industries Officer and appropriated towards the amount due from the borrower and from the date of default Government shall be entitled to charge interest [at the rate of rupees....... per cent per annum] [Substituted for 'at an enhanced rate of 7-½ per cent per annum' by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] and without prejudice to other rights and remedies of Government, the said Director of Industries may himself issue a notice under Section 23 of the said Act for the balance recoverable from the Borrower and the moneys duly specified therein shall become immediately payable as if a money decree therefor had been passed by a Civil Court in the exercise of its ordinary original jurisdiction. ### 13. The stamp on this instrument shall be borne by the borrower. In witness whereof the parties have hereunto set their hands on the dates, respectively, mentioned against their signatures in the ----------------- year of Republic of India. ### 1. (a) (In case of an individual) Shri ------------------------------ signed by the above named borrower, proprietor of -----------------------. In the presence of :- I. (1) Signature (2) Occupation (3) Address II.(1) Signature (2) Occupation (3) Address (b) In case of a firm : Signed by the above named firm of-- (through partner/s of the firm). In the presence of :- Witness (I) Occupation Address Witness (2) Occupation Address N.B.- The Director of Industries should be satisfied from a partnership deed or otherwise that the executant has full power as such to bind the firm and attention is called to section 58(d) of the Indian Partnership Act, 1932, failing which a special power of Attorney should be demanded from absent partners in favour of the persons signing, which should be retained with Government's copy of the agreement deed ### 2. (In the case of a society) The seal of the -------------------- (the Society hereinbefore referred to) as hereunto affixed by virtue of a resolution of Governing Committee No.-------------------, dated the --------------------, day of ------------- 19 . In the presence of : Member of Governing Committee. Member of Governing Committee. Member of Governing Committee. ### 3. (In the case of a company) The seal of the ------------------- Company, Limited, was affixed by virtue of the resolution of the Board No. ------------, dated the -------------, day of ------------ 19 . In the presence of : Director Director Secretary. N.B. - In the case of either a society under the Punjab Co-operative Societies Act, 1954, or a company incorporated under the Companies Act, 1956, the Director of Industries should require a copy of the resolution above referred to certified correct (either by one of the members of the Governing Committee of the Society or by a Director or Secretary of the Company, as the case may be) authorising the particular executant as to sign or to affix the seal. It is, however, not necessary for the persons mentioned above always to execute the agreement itself, and is sometimes, not convenient for them to do so in persons as it involves all the officers in question appearing before the Sub- Registrar and bringing with them the seal of the Society or Company. If they so desire they may execute a special Power-of-Attorney authorising any respectable person preferably one of their own body to do all things necessary for the single transaction, viz., the completion of. In that the Power-of- Attorney will require to be executed on paper stamped at Rs. 2 and though it need not be registered or authenticated by the Sub-Registrar (vide circular No. 49/3076/1-30, from the Inspector-General of Registration, Punjab dated the 7th August, 1933. The Director of Industries may require the same to have been attested under section 85 of the Indian Evidence Act. Where the agreement is executed by an Attorney, it will (if for a term exceeding one year), be presented for registration by the Attorney. In the presence of : Signed on behalf of the Governor of Punjab. Witnesses (1) (2) Joint Director of Industries, Punjab Mortgagee. Form 'L' [Form of mortgage deed after the plot is purchased under the factory accommodation scheme.] [Caption added by Haryana Notification No. G.S.R.- 50P.A. 5/35/Section 46/Amd.(2) /80, dated 1.5.1980.] This Mortgage Deed made this -------------------------------- -------------------------day of -----------------------------19 (A) The Between -------------------------------------- Limited, a company incorporated in India and registered under the Indian Companies Act, 1956 with registered office at ----------------------------------- (B) ------------------------------------------------- A Society registered under the Punjab Co-operative Societies Act, 1961, with principal place of business at ----------------------- (C) (1) --------------------, son of ----------------, Caste ------------- (2) --------------------, son of ----------------, Caste ------------- (3) --------------------, son of ----------------, Caste ------------- Residing at --------------------------------------, and himself constituting the sole or only proprietor of the---------------------------------------------------------- being all the partners -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- and carrying on business at ----------------------------------------------------------------- in the name and style of ----------------------------------------------------------------------- (Hereinafter himself/themselves, it his/their heirs and legal representatives assigns, jointly and severally referred to as the Mortgagor) of the first Part :- And Secondly, the Government of Punjab, through the Director of Industries (Hereinafter referred to as Government) of the Second Part. Whereas a loan of Rs. ------------------, Rs. --------------------- was advanced by Government to the Mortgagor for the purchase of a plot and construction of factory building for the development of ---------------------- industry on terms and conditions contained in the agreement registered on ---------------- hereinafter called the Principal Deed. And whereas one of the terms of the Principal Deed was that the Mortgagor shall within [six months] [Substituted for 'two months' by Haryana Notification No. G.S.R.102/P.A.5/35/Section 46/80, dated 26.9.1980.] from the date of withdrawal of the loan amount from the joint account opened with the State Bank of India ------------------------- with the loan amount of Rs. ---------------------- and cash contribution of Rs.----------- made by the Mortgagor, purchase a plot of land from -------------- and execute a deed mortgaging the same and the factory building to be erected thereon to Government as security for the amount advanced to him and interest due thereon. And whereas the Mortgagor with the amount withdrawn from the said joint account purchased a plot of land measuring ------------ situated in ------------, at --------------- District ----------------- (the said property being detailed or described more particularly in Schedule I to this deed) from -----------------------------, vide sale deed registered on ----------------- and has assured Government that he is sole owner of the plot of land and the same is not mortgaged or charged or otherwise encumbered in any way. Now this Indenture witnesses that :- ### 1. The Mortgagor for consideration mentioned in the Principal Deed and to secure the said loan of Rs. --------------------- and interest due thereon doth as beneficial owner of the plot hereby grant, convey and assign unto Government :- (a) All the properties mentioned in the said schedule I, and the buildings and machinery that may hereafter be constructed or installed thereon. (b) All the assets, present and to be hereafter acquired by the Mortgagor whether the said assets now or in future be in him own name or that of -------------------------- including book debts, [-] [The words 'stocks and stores' omitted by Hryana Notification No. GSR90/PA5/35Section 46/76 dated 20.4.1976.] the premises and machinery whether existing or to be purchased with the aid of the loan hereby granted or with the portion thereof, and whether referred to in schedule I or not, to have and to hold the same unto and to the use of Government its successors and assigns for ever subject to the proviso for redemption hereinafter contained. ### 2. Provided always when the covenants for payment contained in the Principal Deed shall have been satisfied and the principal sum together with all interest due thereon shall have been entirely paid, Government as mortgagee shall at the request and cost of the mortgagor reconvey the properties mortgaged or remainder thereof as he shall direct. ### 3. And in further pursuance of the agreement and covenants referred to above, the Mortgagor hereby agrees to insure against fire upto to the full amount of the loan, the entire factory building and machinery and stock in the said concern ----------------, and all other property hereby mortgaged and that the policy of insurance shall be taken out in the joint names of the mortgagor and the Punjab Government and that it shall be deposited with the Director of Industries, Punjab. The mortgagor shall pay all premiums, and at his own cost renew the policy every year during the currency of the loan, failing which Government may pay the same and such premiums shall form part of the loan secured with interest under this mortgage. ### 4. It is further agreed by the mortgagor that, notwithstanding anything hereinbefore contained, Government or the Director of Industries, Punjab, may by the appointment of its own directors or otherwise exercise such control over the conduct of the industry to which State-Aid has been given, as shall suffice in their or his opinion to safeguard the interest of Government in such industrial concern, and that the mortgagor shall forthwith comply with all recommendations made by the Director of Industries or the Director so appointed. ### 5. The said loan of Rs --------------- and interest due thereon shall be recoverable under the terms and conditions contained in the Principal Deed in accordance with the provisions of the Punjab State Aid to Industries Act, 1935, and the rules made thereunder. ### 6. The building shall be got constructed by the Mortgagor in accordance with the plan approved by the Executive Engineer, P.W.D., B. and R. Branch, concerned according to the bye-laws governing the construction of factory building in the Industrial Areas of Punjab. The Mortgagor shall also get the approval of the Municipal Committee or the local authority concerned for the construction of factory building. ### 7. The construction of the factory building shall be the sole responsibility of the Mortgagor [and he shall utilize the loan amount properly within a period of [six months] [Substituted by Punjab Government Notification No. G.S.R.220/P.A.5/35/Section 46/ Amd.(2) /64, dated the 22nd September, 1964.] from the date of disbursement or such extended period as may be allowed by the Director of Industries, Punjab, or any officer authorised by him from time to time in this behalf'.] ### 8. It is further agreed that the stamp duty on this instrument shall be borne by Government and the same shall be presented for registration by the mortgagor and registered at his own cost. "Schedule I" (Above referred to) I. (i) No./Hadbast of Plot and its location. (ii) Name of locality. (iii) Area of the plot in acres/square yards. (iv) Detailed dimensions, viz., length, breadth and diagonals, etc. in case of irregular size of plot. (v) Description of boundaries on the- (a) North bounded by. (b) South bounded by. (c) East bounded by. (d) West bounded by. II. Factory buildings or to be and other assets including, book debts, [ - ] [The words 'stocks and stores and' omitted by Haryana Notification No. GSR90/PA5/35Section 46/76 dated 20.4.1976.] shares, machinery and equipment existing or to be purchased. III. Personal security of the Mortgagor. In witness whereof the parties have hereunto set their hands on the dates, respectively, mentioned against their signatures in the ---------------------- year of the Republic of India. (i) (a) (In case of the individual) Shri --------------------------------------- signed by the above named mortgagor, proprietor of ---------------------------- In the presence of :- I. (1) Signature (2) Occupation (3) Address II.(1) Signature (2) Occupation (3) Address (b) In case of a firm : Signed by the above named firm of (through partner/s of the firm). In the presence of :- Witness (I) Occupation Address Witness (2) Occupation Address N.B.-- The Director of Industries should be satisfied from a partnership deed or otherwise that the executant has full power as such to bind the firm and attention is called to section 58(d) of the Indian Partnership Act, 1932, failing which a special power of Attorney should be demanded from absent partners in favour of the persons signing, which should be retained with Government's copy of the agreement deed ### 2. (In the case of a society) The seal of the -------------------- (the Society hereinbefore referred to) as hereunto affixed by virtue of a resolution of Governing Committee No.-------------------, dated the --------------------, day of ------------- 19 . In the presence of : Member of Governing Committee. Member of Governing Committee. Member of Governing Committee. ### 3. (In the case of accompany) The seal of the ------------------- Company, Limited, was affixed by virtue of the resolution of the Board No. ------------, dated the -------------, day of -------------- 19. In the presence of : Director Director Secretary N.B. - In the case of either a society under the Punjab Co-operative Societies Act, 1961, or a company incorporated under the Companies Act, 1956, the Director of Industries should require a copy of the resolution above referred to certified correct (either by one of the members of the Governing Committee of the Society or by a Director or Secretary of the Company, as the case may be) authorising the particular executant as to sign or to affix the seal. It is, however, not necessary for the persons mentioned above always to execute the agreement itself, and it is sometimes, not convenient for them to do so in persons as it involves all the officers in question appearing before the Sub- Registrar and bringing with them the seal of the Society or Company. If they so desire they may execute a special Power-of-Attorney authorising any respectable person preferably one of their own body to do all things necessary for the single transaction, viz., the completion of Power-of-Attorney. In that case the Power-of-Attorney will require to be executed on paper stamped at Rs. 3 and though it need not be registered or authenticated by the Sub-Registrar (vide circular No. 49/3076/1-30, from the Inspector-General of Registration, Punjab dated the 7th August, 1933). The Director of Industries may require the same to have been attested under section 85 of the Indian Evidence Act. Where the agreement is executed by an Attorney, it will (if for a term exceeding one year), be presented for registration by the Attorney. Signed on behalf of the Governor of Punjab. In the presence of : Witnesses (1) , (2) Deputy Director of Industries, Punjab Mortgagee. Form 'M' [Form of deed for a loan under the scheme for the conversion of handlooms into powerlooms.] [Caption added by Haryana Notification No. G.S.R.-50P.A. 5/35/Section 46/Amd.(2) /80, dated 1.5.1980.] This Mortgage Deed made this -------------- day of-----------19 between (1) -----------------, son of -------------------, caste ------------- (2) -----------------, son of -------------------, caste ------------- (3) -----------------, son of -------------------, caste ------------- residing at ------------------------ and himself constituting the sole or only proprietor being all the partners --------------------------- of the firm known as -------------- ------------------------------------------------------------------------- and carrying on business at ---------------------- in the name and style of------------------------(hereinafter himself/themselves its/their -------- legal heirs, representatives, assignees, jointly and severally referred to as the Mortgagor of the first part :- And Secondly :- (1) ---------------------, son of --------------------, residing at------------------ (2) ---------------------, son of --------------------, residing at------------------ hereinafter on beal of themselves, their heirs, legal representatives and assignees, jointly and severally referred to as sureties of the second part. And Thirdly the Governor of Punjab through the Director of Industries Punjab (hereinafter referred to as Government) of the Third part: And whereas the Mortgagor has applied under section 17 of the Punjab State Aid to Industries Act, 1935, to the Director of Industries, Punjab, for a loan of Rs -------------------- for the purpose of and Sarvashri --------------- have agreed in accordance with rule 7 of the Rules made under section 46 of the Punjab State Aid to Industries Act, 1935 to stand as sureties for the repayment of the said loan. And the Director of Industries, Punjab, has accordingly agreed to lend the sum of loan of Rs.--------------- to the Mortgagor in the manner and subject to the conditions hereinafter appearing. Now this indenture witnesse the and the parties hereto hereby agreed as follows :- ### 1. (i) The Mortgagor has deposited Rs. 100 with the State Bank of India on account of the contribution to be made by him towards the share in the enterpirze. (ii) The entire amount of Rs.------------------------------ consisting of Rs.---------------------------- advanced as loan and Rs. 100 deposited by the Mortgagor under clause 1 hereof shall be deposited in a Branch of the State Bank of India in the Current/Saving account in the joint name of the District Industries Officer, ------------------------, and the Mortgagor. (iii) The Mortgagor shall not be entitled to withdraw any amount from this deposit without authorization and countersignature of the District Industries Officer ----------------------- but the said District Industries Officer shall have the right to operate the joint account without the consent or authority of the Mortgagor. (iv) The Mortgagor shall be allowed to withdraw from the said joint account such sum as may be determined by the said District Industries Officer to enable him to purchase powerlooms. The Mortgagor shall purchase powerlooms within six months of the withdrawal of the money from the said joint account or thereafter with the prior permission of the Director of Industries, Punjab. If the actual price paid for powerlooms is less than the amount withdrawn by the mortgagor in the joint account, the mortgagor shall repay the difference to the District Industries Officer ----------------------, for being redeposited in the said joint account. In case actual cost of powerlooms is higher than the amount so withdrawn by him, the difference will be met by the Mortgagor from his own pocket but the same, shall subject to a limit of Rs. ---------------------------- be reimbursed to him out of the amount deposited in the said joint account as soon as he furnishes to the District Industries Officer ------------------------, satisfactory proof of the purchase of powerlooms and the amount spent in excess of the amount withdrawn by him for the purchase of powerlooms. (v) After the mortgagor has purchased powerlooms and redeposited the amount by which the cost of powerlooms is less than the amount withdrawn by him from the said joint account for the purpose, the balance amount left after making the reimbursement, if any, mentioned in clause (iv) hereof shall be allowed to be withdrawn by the mortgagor for the installation of powerlooms and the mortgagor shall install the powerlooms within ---------------------- of the withdrawal of the amount for that purpose. (vi) The mortgagor shall not sell, mortgage or otherwise transfer or part with the powerlooms purchased with Government money without the approval fo the said District Industries Officer previously obtained. (vii) The Mortgagor shall repay to Government the said sum of Rs.---------------- advanced as loan, with interest thereon at the rate of Rs. 4 ½ per cent per annum [with a rebate of 4 per cent per annum if the repayment of the principal and the payment of interest are made on due dates and the loan is being utilised and the condition on which it was granted are being or have been duly fulfilled.] [Added by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] computed from the date on which the amount of loan is deposited in the State Bank of India in the joint account of ------------- the Mortgagor and the District Industries Officer in the following instalments :- First instalment of the sum of Rs.--------------------------------- representing the interest on the loan at the said rate for a period of one year commencing from the date on which the amount of loan is deposited in the said jointly account shall be payable on the --------------. Second instalment of Rs. ----------------- out of the principal amount shall be payable on the -------------- day of ---------------. Third instalment of Rs. ---------------- out of the principal amount shall be payable on the -------------------- day of ------------------. Fourth instalment of Rs. ---------------- out of the principal amount shall be payable on the -------------------- day of ------------------. Fifth instalment of Rs. ---------------- out of the principal amount shall be payable on the -------------------- day of ------------------. Sixth instalment of Rs. ---------------- out of the principal amount shall be payable on the -------------------- day of ------------------. Seventh instalment of Rs. ---------------- out of the principal amount shall be payable on the -------------------- day of ------------------. Eight instalment of Rs. ------------------------------------------ out of the principal amount shall be payable on the -------------------------- Ninth instalment of Rs. ------------------------------------------- out of the principal amount shall be payable on the -------------------------------- And the mortgagor shall with each of the second to seventh instalments pay interest at the rate aforesaid accrued on the entire amount of loan remaining due immediately before such payment. Provided that the Director of Industries may, for sufficient reasons, postpone the payment of interest on the due date for a period of one year at a time. If the payment of interest is not postponed, the amount of interest so postponed shall be considered added to the principal amount then outstanding and shall be payable by the mortgagor to Government with interest at the rate aforesaid and the amount of each instalment of the principal then outstanding shall be increased by the amount equal to the amount of interest so postponed divided by the number of instalments as have not become due at the time : Provided further that the Director of Industries, Punjab may at the written request of the mortgagor, extend the due date of payment of any instalment of the principal so however that the total period of complete repayment of the loan with interest does not exceed ten years from the date on which the amount of loan is deposited in the aforesaid joint account. (viii) The mortgagor shall be entitled to the interest, if any, which accrues on the amount deposited in the State Bank of India in the joint account of the mortgagor and the said District Industries Officer. (ix) It shall be lawful for the Mortgagor at any time to repay the whole or any portion of the said loan in excess of the instalments referred to above or prior to the due date of any instalment. (x) The said loan is made under and shall remain in any case subject to the provisions of the Punjab State Aid to Industries Act, 1935 and the rules made thereunder. (xi) If the Mortgagor shall misuse any amount of loan after the withdrawal of the money from the said joint account or makes default in compliance with any of the terms or conditions of this deed or the repayment of any instalment of the loan hereby granted and the money hereby secured or any part thereof together with any interest that may be due thereon on the date or dates on which such moneys and such interest shall be payable, then the entire amount of the loan withdrawn by him and then outstanding against him shall become immediately payable and the sureties and the mortgagor shall be jointly and severally liable to pay the same to Government with interest [at the rate of rupees....... per cent per annum] [Substituted for 'at an enhanced rate of 7-½ per cent per annum' by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] from the date of default and without prejudice to other rights and remedies of government the amount (if any) then lying deposited in the State Bank in the said joint account may be withdrawn by the said District Industries Officer and appropriated towards the amount due from the mortgagor and the sureties and the said Director of Industries may himself issue a notice under Section 23 of the said Act and moneys duly specified therein shall become immediately payable as if a money decree therefor had been passed by a Civil Court in the exercise of its ordinary original jurisdiction. ### 2. And in further pursuance of the said agreement and for the consideration aforesaid the Mortgagor as beneficial power doth hereby grant, convey, and assign unto Government the assets present and to be hereafter acquired by the mortgagor whether the said assets now or in future be in his own name or that of ------------------------------------------------------ including book debts, stocks and stores the premises and machinery whether existing or to be purchased with the aid of the loan hereby granted or with any portion thereof to have and to hold the same unto and to the use of Government, its successors and assigns for ever subject to proviso for redemption hereinafter contained. ### 3. Provided always that when the covenants for payment contained herein shall have been rectified and the principal sum together with all interest due thereon shall have been entirely paid, Government as mortgagee shall at the request and cost of the mortgagor reconvey the properties mortgaged or remainder thereof as he shall direct. ### 4. And in further pursuance of the agreement and convenants referred above, the mortgagor hereby agrees to insure against fire up to the full amount of the loan, the entire factory building, machinery and stock in mortgagor's concern known as ------------------------------ and if Government so desire all other property hereby mortgaged and that the policy of insurance shall be taken out in the joint name of the mortgagor and the Punjab Government and that it shall be deposited with the Director of Industries, Punjab. The mortgagor shall pay all premiums, and at his own cost renew the policy every year during the currency of the loan, failing which Government may pay the same and such premiums shall form part of the loan secured with interest under this mortgage. ### 5. The mortgagor shall be required to put up engraved metal plates of the prescribed size containing the words "pledged to Government" at his own cost on every machine and shall be liable to pay as liquidated damages a sum not exceeding Rs. 500 if he wilfully removes or defaces any plate. ### 6. It is further agreed by the mortgagor that, notwithstanding anything hereinbefore contained, Government or the Director of Industries, Punjab, may by the appointment of its own directors or otherwise exercise such control over the conduct of the industry to which State-Aid has been given, as shall suffice in their or his opinion to safeguard the interest of Government in such industrial concern, and that the mortgagor shall forthwith comply with all recommendations made by the Director of Industries or the Director so appointed. ### 7. It is further agreed with until the entire amount is repaid with interest, the mortgagor will under take free training of apprentices selected by the Director of Industries, Punjab, not exceeding three in number, at any one time, in the work carried on by he mortgagor and that non-fulfilment of this condition shall be deemed a default in compliance with this deed. ### 8. It is further agreed with the stamp on this instalment shall be borne by the mortgagor and the same shall be presented for registration by the mortgagor and registered at his own cost. ### 9. The grant of extension of time or any other indulgence by the Government or the Director of Industries to the mortgagor or any forbearance on the part of the Government shall not operate to discharge the sureties from their liability under this deed. In witness whereof the parties have hereunto set their hands on the dates, respectively, mentioned against their signature in the -------------------- year of the Republic of India. (a) (In case of an individual) Shri---------------------------- Proprietor of----------------------------- Signed by the above-named mortgagor In the presence of :-- I. 1. Signature. ### 2. Occupation. ### 3. Address. II. 1. Signature. ### 2. Occupation. ### 3. Address. Signed on behalf of the Governor of Punjab. Director of Industries, Punjab. Mortgagee. Form 'N' [Form of a deed for further loan to the purchasers of plots who have already taken a loan in or outside the industrial areas.] [Caption added by Haryana Notification No. G.S.R. 50P.A. 5/35/Section 46/Amd.(2) /80, dated 1.5.1980.] This further charge is made this ----------------day of ---------------- 199 between (A) The ----------------Limited, a company incorporated in India and registered under the Indian Companies Act, 1956 with registered office at ---------------------- (B) ................................................. A Society registered under the Punjab Co-operative Societies Act [1961] [Substituted by Punjab Government Notification No. G.S.R. 220/P.A.5/35/Section 46/Amd.(2) /64, dated the 22nd September 1964.] with principal place of business at -------------------------------- (C) (1) ------------------, son of -------------------, caste ------------ (2) ------------------, son of -------------------, caste ------------ (3) ------------------, son of -------------------, caste ------------ residing at ----------------------------------------, and himself constituting the sole or only proprietor of the/being all the partners --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- And Carrying on Business at -------------------------------- ----------in the name and style of -------------------------------- | | | --- | | (hereinafter| himselfthemselves| Its, histheir| legal representatives, assignees, jointly and severally referred to as the Mortgagor of the first Part; | and Secondly, the Governor of Punjab, through the Director of Industries (hereinafter referred to as Government) of the Second Part :- Whereas by a Mortgage Deed (hereinafter called the principal Deed), dated ------------------ and made between the Mortgagor and Government, the Mortgagor conveyed certain property therein and herein more particularly specified in the schedule for securing payment to the Government of the Principal sum of Rs. ------------- with interest thereon at the rate of ------------ per cent per annum. And whereas the said principal sum of ---------------------- together with interest still remains owing to the Government on the security of the principal Deed; And whereas the Mortgagor has assured Government that he is the sole owner of the aforesaid property and that except the mortgage made in the principal deed subject to which this mortgage is made, the said property is not mortgaged or charged otherwise encumbered in any way whatsoever; And whereas the Mortgagor has applied under section 17 of the Punjab State Aid to Industries Act, 1935, to the Director of Industries, Punjab, for a further loan of Rs. ------------ for the purpose of -------------------; And the Director of Industries Punjab (with the previous sanction of the Governor of Punjab), has accordingly agreed to grant the said loan to the Mortgagor, subject to the conditions hereinafter appearing; Now This Deed Witnesseth That ### 1. (i) The mortgagor has further deposited Rs. ----------------- in cash with ----------------- on account of the contribution to be made by him towards the costs of ---------------. (ii) The entire amount of Rs. --------------------- including Rs. ---------------- advanced as further loan and Rs. --------------- deposited by the mortgagor under clause I hereof shall be deposited in the ------------------------------ joint accounts The words in ( ) to be struck of in case there is no existing joint account. \*(already opened) in the names of --------------------- and the Mortgagor (The words in () to be struck of in case there is no existing joint account. [(under the Principal Deed)] [The words in to be struck of in case there is no existing joint account.] . The mortgagor shall not be entitled to withdraw the amount from the said deposit without the authorisation of --------------- but -------------- shall have the right to operate the joint account without the consent or authority of the Mortgagor. (iii) The mortgagor shall be allowed to utilise the sum of Rs. ------------- out of the said deposit for ---------------- factory building. He shall be allowed to utilise the sum of Rs.---------------- out of the said deposit for the purpose of machinery in three instalments. The first instalment of Rs. -------------------- for payment of advance to the machinery suppliers, the second instalment of Rs. -------------------- for taking delivery of the Machinery on receipt of the R/Rs. and the third instalment of Rs. ----------------- for the installation of the machinery. (iv) The mortgagor hereby covenants with Government to repay to Government the said sum of Rs. ------------ with interest thereon at the rate of Rs. ------------- per cent per annum, [with a rebate of 4 per cent per annum if the repayment of the principal and the payment of interest are made on due dates and the loan is being utilised and the condition on which it was granted are being or have been duly fulfilled.] [Added by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] computed from --------------------- in the following instalments :- Instalments :- First instalment of the sum of Rs. --------------------- representing the interest on the loan at the said rate for a period of one year commencing from -------------- to ---------------- shall be payable on the ------------------ day of -------------------. Second instalment of Rs. ----------------- out of the principal amount shall be payable on the -------------- day of ---------------. Third instalment of Rs. ---------------- out of the principal amount shall be payable on the -------------------- day of ------------------. Fourth instalment of Rs. ---------------- out of the principal amount shall be payable on the -------------------- day of ------------------. Fifth instalment of Rs. ---------------- out of the principal amount shall be payable on the -------------------- day of ------------------. Sixth instalment of Rs. ---------------- out of the principal amount shall be payable on the -------------------- day of ------------------. Seventh instalment of Rs. ---------------- out of the principal amount shall be payable on the -------------------- day of ------------------. And the mortgagor shall with each of the second to seventh instalments pay interest at the rate aforesaid accrued on the entire amount of loan remaining due immediately before such payment. (v) Provided that the Director of Industries may, for sufficient reasons, postpone the payment of interest on the due date for a period of one year at a time. If the payment of interest is not postponed, the amount of interest so postponed shall be considered added to the principal amount then remaining due and shall be payable by the ----------------- to Government with interest at the rate aforesaid and the amount of each instalment of the principal then remaining due shall be increased by the amount equal to the amount of interest so postponed divided by the number of instalments as have not become due at that time : Provided further that the Director of Industries may at the written request of the mortgagor and in his sole discretion when the amount is below Rs. 5,000 and with previous sanction of Government when the loan is Rs. 5,000 or above, extend the due date of payment of one or more instalments provided that the total period of repayment of the loan with interest does not exceed 10 years from the date of deposit of the loan, of Rs. ----------------- under clause 1(ii) hereof. (vi) It shall be lawful for the mortgagor at any time to repay the whole or any portion of the said loan in excess of the instalments referred to above or period to the due date ------------------. (vii) The said loan is made under and shall remain in any case subject to the provisions of the Punjab State Aid to Industries Act, 1935 and any Rules made thereunder. (viii) [ The mortgagor shall utilize the loan amount properly within a period of [six months] [Substituted by Punjab Government Notification No. G.S.R. 220/P.A.5/135/Section 46/Amd.(2) /64, dated the 22nd September, 1964.] from the date of disbursement or such extended period as may be allowed by the Director of Industries, Punjab, or any officer authorised by him from time to time in this behalf.] (ix) The mortgagor shall not, except with the approval of the said Director of Industries previously obtained, withdraw from the Industrial concern for the purpose of which the said loan is hereby granted, any profits or declare or distribute dividends in excess of such percentage rate upon the amount of the capital of the industrial concern as may be determined by the Director of Industries, Punjab in each case, so long as any part of the loan or the State Aid remains unpaid or this deed remains in force. If the mortgagor misuses the amount withdrawn by him from the amount of Rs. ---------------------- deposited in the ------------------ Bank or fails to company with any of the conditions herein contained and to be performed and observed by him, the amount contributed by him towards the said deposit shall without prejudice to other rights and remedies of Government stand forfeited to Government. If any amount contributed by him remains unspent after the factory building has been constructed and/or the machinery has been purchased and installed, the same shall be returned to the mortgagor. (x) If the mortgagor shall make default in compliance with any of the terms or conditions of its this deed or the Principal Deed or in the repayment of the loan hereby granted and the moneys hereby secured or any part thereof together with any interest that may be due thereon on the date or dates on which such moneys and such interest shall be payable, the entire amount of the loan withdrawn by him and outstanding against him shall become immediately payable and from the date of default Government shall be entitled to charge interest [at the rate of rupees....... per cent per annum] [Substituted for 'at an enhanced rate of 7-½ per cent per annum' by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] and without prejudice to other rights and remedies of Government, the said Director of Industries, may itself issue a notice under Section 23 of the said Act and the money duly specified therein shall become immediately payable as if a money decree thereof had been passed by a Civil Court in the exercise of its ordinary original jurisdiction. ### 2. The Mortgagor, as beneficial owner, hereby :- (i) charges by way of legal mortgage the property comprised in the principal Deed as specified in the Schedule thereto subject to the mortgagor embodied in the principal Deed with the payment of further sum of Rs.\_\_\_\_\_\_\_\_ now but with the payment of further sum of Rs.\_\_\_\_\_\_\_\_\_\_ now but with interest due hereunder and the other money payable by the mortgagor to the Government under this deed in addition to the sums secured by the Principal Deed and the interest due or to become due thereunder; (ii) declares that the property comprised in the Principal Deed shall not be redeemable without payment by the Mortgagor to the Government of all principal money, interest and other money payable by the Mortgagor under the principal Deed and this deed; and (iii) all the powers, covenants and provisional contained in the Principal Deed shall apply for enforcing payment of all Principal money, interest and other money payable by the Mortgagor under this Deed in like manner as they apply for enforcing payment of Principal money, interest and other money payable by the Mortgagor under the Principal Deed. ### 3. And in further pursuance of the agreement and covenants referred to above, the mortgagor hereby agrees to insure against fire up to the full amount of the loan secured by this deed and the Principal Deed, the entire machinery and stock in mortgagor's ---------------------------------------------- And if Government so desires, all other property hereby mortgaged and that the policy of insurance shall be taken out in the joint name of the mortgagor and the Punjab Government and that it shall be deposited with the Director of Industries, Punjab. The mortgagor shall party all premiums, and at his own cost renew the policy every year during the currency of the loan, failing which Government may pay the same and such premiums shall form part of the loan secured with interest under this mortgage. ### 4. He mortgagor shall be required to put up engraved metal plates of the prescribed size containing the words "pledged to Government" at his own cost on every machine and shall be liable to pay as liquidate damages a sum not exceeding Rs. 500 if he willfully removes or defaces the plate. ### 5. It is further, agreed by the mortgagor that notwithstanding any thing hereinbefore contained, Government or the Director of Industries, Punjab, may by the appointment of its own directors or otherwise exercise such control over the conduct of the industry to which State Aid has been given, as shall suffice in their or his opinion to safeguard the interest of Government in such industrial concern, and that the mortgagor shall forthwith comply with all recommendations made by the Director of Industries, or the Director so appointed. ### 6. It is further agreed that any plant or machinery purchased by the mortgagor with the loan and mortgaged hereby whether specified in the deed as security or not shall, until the amount due under this and the principal deed are repaid in full, remain hypothecated to the Government as collateral security and any transfer thereof, assignment of any right, title or interest therein or the creation of any mortgage, encumbrance or any other charge thereon by the mortgagor shall be void against Government unless it has been made or created with the previous written consent of the authority sanctioning the loan. ### 7. It is further agreed with until the entire amount is repaid with interest, the mortgagor will undertake free training of apprentices selected by the Director of Industries, Punjab, not exceeding three in number, at any one time, in the work carried on by the mortgagor and that non-fulfilment of this condition shall be deemed a default in compliance with this deed. ### 8. It is further agreed that the stamp on this instalment shall be borne by the mortgagor and the same shall be presented for registration by the mortgagor and registered at his own cost. ### 9. Government shall be entitled to enforce this mortgage subject to its rights under the principal deed ------------------------------ without suing on the basis of the said principal deed. I --- (above referred to) ### 1. (i) Serial No. of plot. (ii) Name of Industrial Area. (iii) Area of the plot in acres/square yards. (iv) Detailed dimensions, viz., length, breadth and diagonals, etc. in case of irregular size of plot. (v) Description of boundaries on the :- (a) North bounded by (b) South bounded by (c) East bounded by (d) West bounded by II. Factory buildings construed or to be constructed and other assets including book debts, [-] [The words 'stocks and stores' omitted by Hryana Notification No. GSR90/PA5/35Section 46/76 dated 20.4.1976.] share, machinery and equipment existing or to be purchased. In witness whereof the parties have hereunto set their hands on the dates, respectively, mentioned against their signatures in the ----------- Year of the Republic of India. (a) (In case of an individual) Shri --------------------- signed by the above-named mortgagor, Proprietor of ---------------------------. In the presence of : I. 1. Signature. ### 2. Occupation. ### 3. Address. II. 1. Signature. ### 2. Occupation. ### 3. Address. by the mortgagor should be one through in the above named firm of\* Signed by the appropriate form as follows :- \*Name or names of firm or partners thereof. Partner of the said firm. In the presence of :- Witness (1) Occupation. Address. Witness (2) Occupation. Address. N.B. - The Director of Industries should be satisfied from a partnership deed or otherwise that the executant has full power as such to bind the firm and attention is called to section 58(d) of the Indian Partnership Act, 1932, failing which a special Power of Attorney should be demanded from absent partners in favour of the persons signing, which should be retained with Government's copy of the mortgagor. ### 2. (In the case of a society) : The seal of the ---------------------- (the society hereinbefore referred to) was hereunto affixed by virtue or a resolution of Governing Committee No. ------------------, dated the --------------------, date of ------------------ 199 . In the presence of Member of the Governing Committee. Member of the Governing Committee. Member of the Governing Committee. ### 3. (In the case of a company) : The seal of the ---------------------- Company, Limited was affixed by virtue or the resolution of Board, No. ------------------, dated the --------------------, date of ------------------ 199 . In the presence of :- Director Director Secretary. N.B. - In the case of either a society under Act XXI of 1860 or II of 1912 or a company incorporated under the Companies Act, the Director of Industries should require a copy of the resolution above referred to certified correct (either by one of the members of the Governing Committee of the Society or by a Director or Secretary of the Company, as the case may be) authorising the particular executant as to sign or to affix the seal. It is, however, not necessary for the persons mentioned above always to execute the mortgage itself, and it is, sometimes, not convenient for them to do so in person as it involves all the officers in question appearing before the Sub- Registrar and bringing with them the seal of the Society or Company. If they so desire, they may execute a special power of Attorney authorising any respectable person preferably one of their own body to do all things necessary for the single transaction, viz., 'the completion of the mortgager' which will be referred to in the preamble to such Power of Attorney. In that case, the Power of Attorney will require to be executed on paper stamped at Rs. 2, and though it need not be registered or authenticated by the Sub-Registrar (Vide circular No. 49/3076/1-30, from the Inspector-General of Registration, Punjab, dated the 7th August, 1933). The Director of Industries may require the same to have been attested under Section 85 of the Indian Evidence Act. Where the mortgage is executed by an Attorney, it will (if for a term exceeding one year) be presented for registration by the Attorney. Signed on behalf of the Governor of Punjab. Deputy Director of Industries, Punjab Mortgagee In the presence of Witnesses (1) (2) Form 'O' Form of deed for further loan against the security of property already under mortgage with the Government against first loan. This further charge is made this --------------------- day of -------------- 19 between (A) The --------------------- Limited, a company incorporated in India registered under the Indian Companies Act, [1956] [Added by Punjab Government Notification No. 556(5) -2CB-59/4344, dated the 27th February, 1959.] with registered office at ----------------. (B) --------------------------- A Society registered under the Punjab Co-operative Societies Act [1961] [Substituted by Punjab Government Notification No. G.S.R. 220/P.A.5/35/Section 46/Amd.(2) /64, dated the 22nd September, 1964.] with principal place of business at ------------------- (C) (1) ------------------, son of -------------------, Caste ------------ (2) ------------------, son of -------------------, Caste ------------ (3) ------------------, son of -------------------, Caste ------------ | | | --- | | residing at ----------- and himself constituting| the sole or only proprietor of thebeing all the partners | And carrying on business at ------------------------ in the name and style of ---------------- ---------------- (hereinafter Himself/themselves his.their Legal representative, assignees, jointly and severally referred to as the Mortgagor) of the first part :- and Secondly, the Governor of Punjab, through the Director of Industries (hereinafter referred to as Government) of the Second Part :- Whereas by a Mortgage Deed (hereinafter called the principal Deed), dated ---------------- and made between the Mortgagor and Government, the Mortgagor conveyed certain property therein and herein more particularly specified in the schedule for securing payment to the Government of the Principal sum of Rs. ------------- with interest thereon at the rate of ------------ per cent per annum. And whereas the said principal sum of ---------------------- together with interest still remaining owing to the Government on the security of the Principal Deed; And whereas the Mortgagor has assured Government that he is the sole owner of the aforesaid property and that except the mortgage made in the principal deed subject to which this mortgage is made, the said property is not mortgaged, charged otherwise encumbered in any way whatsoever; And whereas the Mortgagor has applied under section 17 of the Punjab State Aid to Industries Act, 1935, to the Director of Industries, Punjab, for a further loan of Rs. ------------ for the purpose of -------------------; And the Director of Industries Punjab (with the previous sanction of the Governor of Punjab), has accordingly agreed to grant the said loan to the Mortgagor, subject to the conditions hereinafter appearing; Now This Indenture Witnesses That :- [In pursuance of the said agreement and for purpose of in party securing the said sum of Rs.\_\_\_\_\_\_\_\_\_\_\_ (receipt whereof the Principal/Mortgagor hereby acknowledges) the Principal/Mortgagor hereby covenants with the Government to pay to the Government before the\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_ 19 \_\_\_\_\_\_\_\_\_\_ the said sum of rupees\_\_\_\_\_\_\_\_\_\_\_ with interest thereon at the rate of rupees\_\_\_\_\_\_\_\_\_\_ per cent per annum with a debate of four per cent per annum if the repayment of the principal and the payment of interest are made on due dates and the loan is being utilised or has been utilised for the purpose or purposes for which it was granted and the conditions on which it was granted are being or have been duly fulfilled and for so long as any part there of shall remain owing to pay interest at the rate as aforesaid on the moneys for the time being so remaining owing provided never the less that :-] [Preamble Substituted by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] Instalments. - First instalment of the sum of Rs. --------------------------------representing the interest on the loan at the said rate for a period of one year commencing from -------------------- ----------------to -------------------- ---shall be payable on the -------------------------- day of ----------------------- Second instalment of Rs. -------------------------out of the principal amount shall be payable on the -------------- ---------day of -------------------------Third instalment of Rs. ------------------------ out of the principal amount shall be payable on the -------------------------day of -----------------------Fourth instalment of Rs. -----------------------out of the principal amount shall be payable on the ----------------------------day of ----------------------Fifth instalment of Rs. ------------------------- out of the principal amount shall be payable on the ------------------------- day of -----------------------Sixth instalment of Rs. ------------------------ out of the principal amount shall be payable on the ------------------------ day of -------------------------Seventh instalment of Rs. --------------------- out of the principal amount shall be payable on the ------------------------- day of -----------------------. And the mortgagor shall with each of the second to seventh instalments pay interest at the rate aforesaid accrued on the entire amount of loan remaining due immediately before such payment. And the mortgagor shall with each of the second to seventh instalments pay interest at the rate aforesaid accrued on the entire amount of loan remaining due immediately before such payment. (v) Provided that the Director of Industries may, for sufficient reasons, postpone the payment of interest on the due date for a period of one year at a time. If the payment of interest is not postponed, the amount of interest so postponed shall be considered added to the principal amount then remaining due and shall be payable by the ----------------- to Government with interest at the rate aforesaid and the amount of each instalment of the principal then remaining due shall be increased by the amount equal to the amount of interest so postponed divided by the number of instalments as have not become due at that time : Provided further that the Director of Industries may at the written request of the mortgagor and in his sole discretion when the amount is below Rs. 5,000 and with previous sanction of Government when the loan is Rs. 5,000 or above, extend the due date of payment of one or more instalments provided that the total period of repayment of the loan with interest does not exceed 10 years from the date of disbursement of the loan amount. (vi) It shall be lawful for the mortgagor at any time to repay the whole or any portion of the said loan in excess of the instalments referred to above or prior to the due date or prior to the end of extended period, (if so granted). (vii) The said loan is made under and shall remain in any case subject to the provisions of the Punjab State Aid to Industries Act, 1935 and any Rules made thereunder. (viii) The mortgagor shall not, except with the approval of the said the Director of Industries, previously obtained, withdraw from the Industrial concern for the purpose of which the said loan is hereby granted, any profits or declare or distribute dividends in excess of such percentage rate upon the amount of the capital of the Industrial concern as may be determined by the Director of Industries, Punjab, in each case, so long as any part of the loan or the State Aid remains unpaid or this deed remains in force. [(viii-A) The mortgagor shall utilize the loan amount properly within a period of [six months] [Inserted by Punjab Government Notification No. G.S.R. 220/P.A.- 5/35/Section 46/Amd.(4) , dated the 22nd September, 1964.] from the date of disbursement or such extended period as may be allowed by the Director of Industries, Punjab, or any Officer authorised by him from time to time in this behalf.] (ix) If the mortgagor shall make default in compliance with any of the terms or conditions of its this deed or the Principal Deed or in the repayment of the loan hereby granted and the moneys hereby secured or any part thereof together with any interest that may be due thereon on the date or dates on which such moneys and such interest shall be payable, the entire amount of the loan withdrawn by him and outstanding against him shall become immediately payable and from the date of default Government shall be entitled to charge interest [at the rate of rupees....... per cent per annum] [Substituted for 'at an enhanced rate of 7-½ per cent per annum' by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] and without prejudice to other rights and remedies of Government, the said Director of Industries, may itself issue a notice under Section 23 of the said Act and the money duly specified therein shall become immediately payable as if a money decree thereof had been passed by a Civil Court in the exercise of its ordinary original jurisdiction. ### 2. The Mortgagor, as beneficial owner, hereby :- (i) Charges by way of legal mortgage the property comprised in the principal Deed, and herein more particularly specified in its schedule hereto with the payment of further sum of Rs. ------ now but with the interest due hereunder and the other money payable by the mortgagor to the Government under this Deed in addition to the sums secured by the Principal Deed and the interest due or to become due thereunder; (ii) Declares that the property comprised in the Principal Deed shall not be redeemable without payment by the Mortgagor to the Government of all principal money, interest and other money payable by the Mortgagor under the principal Deed and this deed. (iii) All the powers, covenants and provisions contained in the Principal Deed shall apply for enforcing payment of all Principal money, interest and other money payable by the Mortgagor under this Deed in like manner as they apply for enforcing payment of Principal money, interest and other money payable by the Mortgagor under the Principal Deed. ### 3. And in further pursuance of the agreement and covenants referred to above, the mortgagor hereby agrees to insure against fire up to the full amount of the loan secured by this deed and the Principal Deed, the entire machinery and stock in mortgagor's ---------------------------------------------- and if Government so desires, all other property hereby mortgaged and that the policy of insurance shall be taken out in the joint name of the mortgagor and the Punjab Government and that it shall be deposited with the Director of Industries, Punjab. The mortgagor shall pay all premiums, and at his own cost renew the policy every year during the currency of the loan, failing which Government may pay the same and such premiums shall form part of the loan secured with interest under this mortgage. ### 4. The mortgagor shall be required to put up engraved metal plates of the prescribed size containing the words "pledged to Government" at his own cost on every machine and shall be liable to pay as liquidated damages a sum not exceeding Rs. 500 if he wilfully removes or defaces the plate. ### 5. It is further agreed by the mortgagor that notwithstanding any thing hereinbefore contained, Government or the Director of Industries, Punjab, may by the appointment of its own directors or otherwise exercise such control over the conduct of the industry to which State Aid has been given, as shall suffice in their or his opinion to safeguard the interest of Government in such industrial concern, and that the mortgagor shall forthwith comply with all recommendations made by the Director of Industries, or the Director so appointed. ### 6. It is further agreed with any plant or machinery purchased by the mortgagor with the loan and mortgaged hereby whether specified in the deed as security or not shall, until the amount due under this and the principal deed are repaid in full, remain hypothecated to the Government as collateral security and any transfer thereof, assignment of any right, title or interest therein or the creation of any mortgage, encumbrance or any other charge thereon by the mortgagor shall be void against Government unless it has been made or created with the previous written consent of the authority sanctioning the loan. ### 7. It is further agreed with until the entire amount is repaid with interest, the mortgagor will undertake free training of apprentices selected by the Director of Industries, Punjab, not exceeding three in number, at any one time, in the work carried on by he mortgagor and that non-fulfilment of this condition shall be deemed a default in compliance with this deed. ### 8. It is further agreed with the stamp on this instrument shall be borne by the mortgagor and the same shall be presented for registration by the mortgagor and registered at his own cost. ### 9. Government shall be entitled to enforce this mortgage subject to its rights under the principal Deed dated ----------------------- without suing on the basis of the said principal deed. "Schedule I" (Above referred to) In witness whereof the parties have hereunto set their hands on the dates, respectively, mentioned against their signatures in the --------- year of the Republic of India. (1) -------------------------- (in case of an individual) Signed by the above named mortgagor Shri --------------------------- Proprietor of ------------------------------------. In the presence of : I. (1) Signature (2) Occupation (3) Address. II. (1) Signature. (2) Occupation. (3) Address. Signed by the above named firm partner of the said firm through the In the presence of :- I. (1) Signature (2) Occupation (3) Address. II. (1) Signature. (2) Occupation. (3) Address. N.B. - The Director of Industries should be satisfied from a partnership deed or otherwise that the executant has full power as such to bind the firm and attention is called to section 58(d) , of the Indian Partnership Act, 1932; failing which a special power-of-attorney should be demanded from, absent partners in favour of the persons signing, which should be retained with Government's copy of the mortgagor. (2) (In the case of a society). The seal of the ---------------------- (the society hereinbefore referred to) was hereunto affixed by virtue or a resolution of Governing Committee No. ------------------, dated the --------------------, date of ------------------ 199 . In the presence of :- Member of the Governing Committee. Member of the Governing Committee. Member of the Governing Committee. ### 3. (In the case of a company) The seal of the ------------------- Company, Limited was hereunto by virtue or a resolution of Board, No. ----------------, dated the -----------------, date of ------------ 199 . [Form 'P'] [Inserted by Punjab Government Notification No. G.S.R. 220/P.A./5/35/Section 46/Amd.(2) /64, dated the 22nd September, 1964.] Personal bond to be executed by the borrower Whereas, I applied for a loan of Rs. ------------------------------------- and a loan of Rs. --------------------- has been sanctioned to me by the Director of Industries/District Industries Officer ------------------ under the provisions of the Punjab State Aid to Industries Act, 1935, and whereas I am required to execute a bond in respect of the loan of Rs. -----------------------. I ---------------, son of --------------------, caste ----------------, resident of village ---------------------, post office----------------------------, tehsil, --------------------, district --------------------- hereby agree and bind myself, my heirs (assignees) and representatives to the Governor of Punjab as under :- (1) That I shall apply the money lent to me for the purpose of -------------------- for which it has been sanctioned and to no other purpose. (2) That I shall fulfil all the conditions specified on which the loan has been sanctioned and maintain a regular and complete account of the expenditure incurred in order to prove the proper utilization of the loan advanced to me. (3) That I shall be bound by all the provisions of the Punjab State Aid to Industries Act, 1935, and the rules made thereunder from time to time and shall comply with all the directions of Director of Industries, Punjab, issued to me thereunder from time to time. (4) That I shall pay back to the Director of Industries. Punjab, the said amount of Rs. ------------- along with the interest at the rate of Rs. ------------- per cent per annum [with a rebate of 4 per cent per annum if the repayment of the principal and the payment of interest are made on due dates and the loan is being utilised and the condition on which it was granted are being or have been duly fulfilled.] [Added by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] in the following instalments on or before the dates mentioned below:- (i) Rs. --------------- on the ----------------- day of -------------- (ii) Rs. --------------- on the ----------------- day of -------------- (iii) Rs. --------------- on the ----------------- day of -------------- (iv) Rs. --------------- on the ----------------- day of -------------- (v) Rs. --------------- on the ----------------- day of -------------- (vi) Rs. --------------- on the ----------------- day of -------------- and shall on the same date pay with each instalment interest at the rate aforesaid from the date of this bond on the said sum or on so much thereof as shall remain due on the said rates. (5) That the Director, Industries, Punjab, may at my request extend the date of payment of any or all of the aforesaid instalments. (6) That if I do not properly utilize the loan, or if do not comply with any condition of the loan or any provisions of Punjab State Aid to Industries Act, 1935, or the rules made or to be made thereunder or if I make default in the payment of the whole or any part of the instalment or interest due on the date or dates on which the same is payable, then the whole of the said loan and interest then remaining due to the said Governor, shall become immediately payable and recoverable from me. (7) That I agree to pay the stamping charges of this bond myself. Signature ----------------- Dated --------------------------day of --------------------- 199. (i) Witness ----------------------------------------- Address ------------------------------ ------------------------------------------------------- (ii) Witness ------------------------------------------ Address ----------------------------------------------------- [Form 'Q'] [Inserted by Haryana Notification No. G.S.R. 25/P.A. 5/35/Section 46 Amd.(1) /168, dated 26.3.1968.] Form of deed for a short team loan against the personal security of the applicant (s) and the material stocked with the District Industries Officer concerned. This agreement made on the \_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of Between :- (A) The \_\_\_\_\_\_\_\_\_\_ a Society registered under the Punjab Co operative Societies, Act, 1961, with principal place of business at \_\_\_\_\_\_\_\_\_\_\_\_\_ (hereinafter referred to as the Society which expression shall, where the context so admits, include its successor, and assigns) of the first part. (B) (1)\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_ (2) \_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_ (3) \_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_ (4) \_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_ Residing At\_\_\_\_\_\_\_\_\_\_ and himself constituting the sole or only proprietor being all the partners to of the\_\_\_\_\_\_\_\_\_\_ carrying on business at\_\_\_\_\_\_\_\_\_\_\_\_ in the name and style of\_\_\_\_\_\_\_\_\_\_\_\_\_ (hereinafter on behalf of himself/themselves\_\_\_\_\_\_\_\_\_\_\_\_/their heirs, legal representatives, assignees, jointly and severally referred to as the Borrower) of the first part. And Secondly, the Governor of Haryana through the District Industries Officer\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (hereinafter to as the Government) on the second part. Whereas the Borrower has applied under Section of the Punjab State Aid to Industries Act, 1935, to the Director of Industries, Haryana for a loan of Rupees\_\_\_\_\_\_\_\_\_\_\_\_\_\_ for the purpose of\_\_\_\_\_\_\_\_\_\_\_\_\_. Now This Agreement Withnesseth That :- ### 1. [In pursuance of the said agreement and for purpose of in party securing the said sum of Rs.\_\_\_\_\_\_\_\_\_\_\_ (receipt whereof the Principal/Mortgagor hereby acknowledges) the Principal/Mortgagor hereby covenants with the Government to pay to the Government before the\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_ 19 \_\_\_\_\_\_\_\_\_\_ the said sum of rupees\_\_\_\_\_\_\_\_\_\_\_ with interest thereon at the rate of rupees\_\_\_\_\_\_\_\_\_\_ per cent per annum with a debate of four per cent per annum if the repayment of the principal and the payment of interest are made on due dates and the loan is being utilised or has been utilised for the purpose or purposes for which it was granted and the conditions on which it was granted are being or have been duly fulfilled and for so long as any part there of shall remain owing to pay interest at the rate as aforesaid on the moneys for the time being so remaining owing provided never the less that :-] [Preamble Substituted by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] (i) the Borrower shall pay the said sum of rupees\_\_\_\_\_\_\_\_\_\_\_\_ within the period not exceeding six months : (ii) it shall be lawful for the Borrower at any time to repay the whole or any portion of the said loan prior to the said dates; (iii) the said loan is made under and shall remain in any case subject to the provisions of the Punjab State Aid to Industries Act, 1935, and any rules made or to be made there-under; (iv) the period of the lease of the shed in favour of the Borrower shall extend beyond the period of repayment of the said loan; (v) the borrower shall not give up the lease of the shed rented out to him so long as the loan taken by him for the purchase of raw material, etc., is fully repaid : (vi) the Borrower shall contribute 3 - 1/3 per cent of the total value of the raw material etc. to be purchased ; (vii) the amount of loan granted shall be deposited in the State Bank of India\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in the joint names of the District Industries Officer and the Borrower. The Borrower shall not be entitled to withdraw any amount from the deposit without the authorisation and countersignatures of the District Industries Officer, but the said District Industries Officer\_\_\_\_\_\_\_\_\_\_\_ shall have the rights to operate the joint account without the consent or authority of the Borrower. The Borrower shall be allowed to withdraw from the said joint account only when the raw material etc., is received and stocked with the District Industries Officer ; (viii) the Borrower shall not withdraw from the Industrial concern for the purpose for which the said loan is hereby granted so long as any part of the loan remains unpaid or this agreement remains in force; and (ix) if the Borrower shall make default in compliance with any of the terms or conditions of this agreement or in the repayment of the loan hereby granted or any part thereof together with any interests that may be due thereon on the date on which such money and such interest shall be payable the said District Industries Officer\_\_\_\_\_\_\_\_\_\_\_\_\_ may himself issue a notice under Section 23 of the said Act and the money decree therefor had been shall become immediately payable as if a money decree therefor had been passed by a Civil Court in the exercise of its ordinary jurisdiction. ### 2. And This agreement further witnesseth that in further pursuance of the said agreement and as security for the said sum of\_\_\_\_\_\_\_\_\_\_\_\_\_\_ rupees and interest the Borrower both hereby agree that if he shall make default in the repayment of the loan hereby granted or any part thereof or of any interest thereon within a period of six months form the date on which the loan was advanced then the same shall become due and payable by the Borrower and the Government shall be at liberty to recover the same by disposal of the material stocked by the Borrower with the District Industries Officer\_\_\_\_\_\_\_\_\_\_\_\_\_\_ through sale, auction or negotiation and the balance due if any, shall be recovered from the Borrower under the provisions of the Punjab State Aid to Industries, Act, 1935, and any rules made or to be made thereunder. ### 3. It is further agreed by the Borrower the notwithstanding anything hereinafter contained, the Director of Industries, Haryana may by the appointment of his own Directors or otherwise exercise such control over the conduct of the Industries to which the loan has been given, as shall suffice in his opinion to safeguard the interest of the Government in such industrial concern, and that the Borrower shall forthwith comply with recommendations made by the Director of Industries, Haryana, or the Director so appointed. ### 4. It is further agreed that the stamp on this instrument shall be borne by the Borrower. It witness whereof the parties have hereunto set their hands in the\_\_\_\_\_\_\_\_\_ year of the Republic of India. (a) (In case of an individual) Shri\_\_\_\_\_\_\_\_\_\_ in the presence of :- (1) Witness\_\_\_\_\_\_\_\_\_\_\_\_. (2) Witness\_\_\_\_\_\_\_\_\_\_\_\_. Proprietor of\_\_\_\_\_\_\_\_\_\_\_\_\_. (b) In the case of Co-operative Society) Signed for and on behalf of the above named Society. The seal of the\_\_\_\_\_\_\_\_\_\_ (the Society hereinbefore referred to was hereunto affixed by virtue of the resolution of the Managing Committee No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ dated the\_\_\_\_\_\_\_\_\_\_\_ of\_\_\_\_\_\_\_\_\_\_\_\_. In the presence of :- Member or the Managing Committee. Member or the Managing Committee. Member or the Managing Committee. In the presence of :- (1) \_\_\_\_\_\_\_\_\_\_\_\_\_ Signature for and on behalf of Governor of Haryana by District Industries Officer, Haryana. Witness. (2) \_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form 'R' Form of deed for a loan exceeding Rs. 5.000 to Rs. 50.000 against the personal security of the applicant (s) and his/their sureties and the security of machinery existing or to be purchased with the loan. This agreement made on the\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_ 196 \_\_\_\_\_\_\_\_\_\_\_ Between :- (A) The\_\_\_\_\_\_\_\_\_\_\_\_ a Society registered under the Punjab Co-operative Societies Act, 1961, with principal place of business at\_\_\_\_\_\_\_\_\_\_ (hereinafter referred to as the Society which expression shall where the context so admits, include its successor, and assigns) of the first part. (B) (1)\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_ (2) \_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_ (3) \_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_ (4) \_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_ Residing At\_\_\_\_\_\_\_\_\_\_\_\_\_, and himself constituting the sole or only/proprietor being all the partners of the carrying on business at\_\_\_\_\_\_\_\_\_\_\_\_ in the name and style of\_\_\_\_\_\_\_\_\_\_ (hereinafter on behalf of himself/themselves its/his/their heirs, legal representatives, assignees, jointly and severally referred to as the Borrower) of the first part. And Secondly, Shri\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. residing at\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (hereinafter referred to as the Surety) of the third part. Whereas the Borrower has applied under section 17 of the Punjab State Aid to Industries Act, 1935, to the Director of Industries, Haryana, for a loan of\_\_\_\_\_\_\_\_\_\_\_\_ rupees for the purpose of\_\_\_\_\_\_\_\_\_\_\_\_\_\_. And Whereas The Government has accordingly agreed to grant a loan of\_\_\_\_\_\_\_\_ rupees to the Borrower subject to the conditions hereinafter appearing. Now This Agreement Witnesseth That :- (1) [In pursuance of the said agreement and for purpose of in party securing the said sum of Rs.\_\_\_\_\_\_\_\_\_\_\_ (receipt whereof the Principal/Mortgagor hereby acknowledges) the Principal/Mortgagor hereby covenants with the Government to pay to the Government before the\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_ 19 \_\_\_\_\_\_\_\_\_\_ the said sum of rupees\_\_\_\_\_\_\_\_\_\_\_ with interest thereon at the rate of rupees\_\_\_\_\_\_\_\_\_\_ per cent per annum with a debate of four per cent per annum if the repayment of the principal and the payment of interest are made on due dates and the loan is being utilised or has been utilised for the purpose or purposes for which it was granted and the conditions on which it was granted are being or have been duly fulfilled and for so long as any part there of shall remain owing to pay interest at the rate as aforesaid on the moneys for the time being so remaining owing provided never the less that :-] [Preamble Substituted by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] (i) the Borrower shall repay the said sum of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ rupees alongwith interest at the rate of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ rupees per cent\_\_\_\_\_\_\_\_\_\_\_ per annum in the following instalments on or before the dates mentioned below :- (1) Rupees\_\_\_\_\_\_\_\_\_\_ on the\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_ 196\_\_\_\_\_\_\_\_. (2) Rupees\_\_\_\_\_\_\_\_\_\_ on the\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_ 196\_\_\_\_\_\_\_\_. (3) Rupees\_\_\_\_\_\_\_\_\_\_ on the\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_ 196\_\_\_\_\_\_\_\_. (4) Rupees\_\_\_\_\_\_\_\_\_\_ on the\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_ 196\_\_\_\_\_\_\_\_. (5) Rupees\_\_\_\_\_\_\_\_\_\_ on the\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_ 196\_\_\_\_\_\_\_\_. (6) Rupees\_\_\_\_\_\_\_\_\_\_ on the\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_ 196\_\_\_\_\_\_\_\_. The first instalment shall fall due on the expiry of two years from the date of this agreement and the Borrower shall on the same date pay with each instalment interest at the rate aforesaid from the date of this agreement on the said sum or on so much thereof as shall remain due on the said dates; (ii) the Borrower shall utilise the amount of loan within a period of [six months] [Haryana GSR 102/PA 5/35/Section 46/Amd dated 26-9-1980.] from the date of disbursement or such extended period as may be allowed by the Director of Industries. Haryana or any officer authorised by him from time to time in this behalf; (iii) it shall be lawful for the Borrower at any time to repay the whole or any portion of the said loan exceeding the instalments referred to above prior to the said due date; (iv) the said loan is made under and shall remain in any case subject to the provisions of the Punjab State Aid to Industries Act, 1935, and any rules made or to be made thereunder; (v) the period of the lease of the shed in favour of the Borrower shall extend beyond the period of repayment of the said loan; (vi) the Borrower shall not give up the lease of the shed rented out to him so long as the loan taken by him for the purchase of machinery is fully repaid; (vii) the Borrower shall contribute 33-1/3 per cent of the total value of the machinery to be purchased. (viii) the amount of loan granted shall be deposited in the State Bank of India\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in the Joint names of the District Industries Officer and the Borrower. The Borrower shall not be entitled to withdraw any amount from the deposit without the authorisation and countersignatures of the District Industries Officer\_\_\_\_\_\_\_\_\_\_\_\_, but the said District Industries Officer\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ shall have the right to operate the joint account without the consent or authority of the Borrower. The Borrower shall be allowed to withdraw from the said joint account only when the machinery is received for installation. (ix) the Borrower shall not except with the approval of the Director of Industries, previously obtained, withdraw from the Industrial concern for the purpose of which the said loan in hereby granted so long as any part of the loan remains unpaid or this agreement remains in force; and (x) if the Borrower shall make default in compliance with any of the terms or conditions of this agreement or in the repayment of any instalment of the loan hereby granted and the moneys hereby secured or any part thereof, together with any interest that may be due thereon on the date or dates on which such moneys and such interest shall be payable, the entire amount of loan withdrawn by him and outstanding against him shall become immediately payable and from the date of default the Government shall be entitled to charge interest [at the rate of rupees....... per cent per annum] [Substituted for 'at an enhanced rate of ten per cent per annum' by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] and without prejudice to other rights and remedies of the Government, the said Director of Industries may himself, issue a notice under section 23 of the said Act for the balance recoverable from the Borrower and the moneys duly specified therein shall become immediately payable as if a money decree had been passed by a civil court in the exercise of its ordinary original jurisdiction. ### 2. And this agreement further witnesseth that in further pursuance of the said agreement and as security for the said sum of Rs\_\_\_\_\_\_\_\_\_\_\_\_\_ and interest the Surety both hereby agree that if the Borrower shall make default in the payment of the loan hereby granted or any part thereof or of any interest thereon the date or dates on which the same shall be or become payable then the whole of the said loan and interest whether added to the principal and itself being interest on not/or such part as may then or thereafter be due and unpaid shall become due and payable by the Surety and the Government shall be at liberty to recover the same from the Surety by a notice under the Punjab State Aid to Industries Act, 1935, as the Government may think fit. ### 3. It is, further, agreed by the Borrower and the Surety that notwithstanding anything hereinbefore contained, the Director of Industries, Haryana, may by the appointment of its own Directors or otherwise exercise such control over the conduct of the industries, to which State aid has been given as shall suffice in his opinion to safeguard the interest of Government in such industrial concern and that the Borrower shall forthwith comply with all recommendations made by the Director of Industries or the Director so appointed. ### 4. It is further agreed that the stamp duty on this instrument shall be borne by the Borrower. In Witness Whereof the parties have hereunto set their hand on the dates, respectively mentioned against their signatures in the\_\_\_\_\_\_\_\_\_\_\_\_\_\_ year of the Republic of India. (a) (in case of an individual) Shri\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in the presence of :- ### 1. Witness\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Proprietor of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. Witness\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (b) (In the case of Co-operative Society). (Signed for and on behalf of the above named Society). The seal of the\_\_\_\_\_\_\_\_\_\_\_\_ (the society hereinbefore referred to) was hereunto affixed by virtue of a resolution of the Managing Committee No.\_\_\_\_\_\_\_\_\_\_\_ dated the \_\_\_\_\_\_\_\_\_\_\_\_ of \_\_\_\_\_\_\_\_\_\_\_\_\_\_. In the presence of :- Members of the Managing Committee. Members of the Managing Committee. Members of the Managing Committee. Signature of the Surety. In the presence of :- Witness ### 1. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ In the presence of :- Witness ### 1. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature for and on behalf of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Governor of Haryana. ### 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Director of Industries, Haryana. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form 'S' Form of mortgage deed for a loan exceeding exceeding Rs. 5,000 to Rs. 50,000 against the security or machinery existing or to be purchased.] This Mortgage Deed made this\_\_\_\_\_\_\_\_\_\_day Of\_\_\_\_\_\_\_\_\_19\_\_\_\_\_\_\_between :- (A) The\_\_\_\_\_\_\_\_\_\_\_\_\_ A Society registered under the Punjab Co-operative Societies Act, 1961 with principal place of business at\_\_\_\_\_\_\_\_\_\_\_\_ (hereinafter referred to as the Mortgagor which expression shall, where the context so admits, include its successor and assign) of the first part. (B) 1.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ son of ### 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ son of ### 3. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ son of ### 4. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ son of Residing At\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, and himself, constituting the sole or only proprietor/being all the partners of the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ carrying on business at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in the name and style of\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (hereinafter on behalf of themselves/themselves, its his/their heirs, legal representatives, assigns, jointly and severally referred to as the Mortgagor) of the first part. And Secondly, the Governor of Haryana through the Director of Industries, Haryana (hereinafter referred to as the Government) of the second part. Whereas a loan of\_\_\_\_\_\_\_\_\_\_\_\_ Rupees was advanced by Government to the Mortgagor for the purchase of the machinery for the development of\_\_\_\_\_\_\_\_\_\_\_\_ industry on the terms and conditions contained in the agreement registered on \_\_\_\_\_\_\_\_\_\_\_\_ (hereinafter called the Principal Deed). And Whereas one of the terms of the Principal Deed was that the Mortgagor shall within a period of [six months] [Substituted by Haryana GSR 102/PA 5/35/Section 46/Amd at 26-9-1980.] from the date of disbursement a Deed mortgaging the same to the Government as a security for the amount advanced to him and interest due thereon. And Whereas The Mortgagor with the amount withdrawn from the said joint account opened with the State Bank of India and cash contribution of Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ made by the Mortgagor purchased the machinery the said machinery being detailed or described more particularly in Schedule I to this Deed) from\_\_\_\_\_\_\_\_\_\_\_\_\_\_ vide order No.\_\_\_\_\_\_\_\_\_\_\_\_\_ on\_\_\_\_\_\_\_\_\_\_\_\_ and has assured the Government that he is the sole owner of machinery and the same is not mortgaged or charged or otherwise encumbered in any way. Now This Indenture Witnesseth That :- ### 1. The Mortgagor for consideration mentioned in the Principal Deed and to secure the said loan of\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Rupees and interest due thereon both as beneficial owner of the machinery hereby grant, convey and assign unto Government - (a) all the machineries mentioned in the said Schedule I and the machinery and other material that may hereafter be purchased in connection with the industry; (b) all the assets, present and to be hereafter acquired by the Mortgagor whether the said assets now or in future be in his own name or the of\_\_\_\_\_\_\_\_\_\_ including book-debits, stocks and stores and machinery whether existing or to be purchased with the aid of the loan hereby granted or with the portion thereof, and whether referred to in Schedule I or not, to have and to hold the same unto and to the sue of the governments, its successors and assigns for ever subject to the provision for redemption hereinafter contained. ### 2. Provided always when the convenants for payment contained in the Principal Deed shall have been satisfied and the Principal sum together with all interest due thereon shall have been entirely paid the Government as Mortgagee shall at the request and cost of the Mortgagor reconvey the properties mortgaged or remainder thereof as he shall direct. ### 3. And in further pursuance of the agreement and convenants referred to above, the Mortgagor hereby agrees to insure against fire up to the full amount of the loan, the entire factory building and machinery and stock in the said concern\_\_\_\_\_\_\_\_\_\_\_\_\_ and all other property hereby mortgaged and that the policy of insurance shall be taken out in the joint names of the mortgagor and the Haryana Government and that it shall be deposited with the Director of Industries, Haryana. The Mortgagor shall pay all premiums, and at his own cost renew the policy every year during the currency of the loan, failing which the government may pay the same and such premiums shall form part of the loan secured with interest under their mortgage. ### 4. It is further agreed by the Mortgagor that, notwithstanding anything hereinbefore contained, the Government or the Director of Industries, Haryana, may by the appointment of its own directors or otherwise exercise such control over the conduct of the industry to which the state Aid has been given, as shall suffice in their or his opinion to safeguard the interests of the Government in such industrial concern, and that the Mortgagor shall forthwith comply with all recommendations made by the Director of Industries or the Director so appointed. ### 5. The said loan of\_\_\_\_\_\_\_\_\_\_\_\_ Rupees and interest due thereon shall be recoverable under the terms and conditions contained in the Principal Deed in accordance with the provisions of the Punjab State Aid to Industries Act, 1935, and the rules made thereunder. ### 6. It is further agreed that the stamp duty on this instrument shall be borne by the Government and the same shall be presented for registration by the Mortgagor and registered at his own cost. I --- I. Machinery and other assets including book-debits, stocks, stores and shares and equipment, existing or to be purchased\_\_\_\_\_\_\_\_\_\_\_\_. II. Personal security of the Mortgagor. In witness whereof the parties have hereunto set their hands on the dates, respectively, mentioned against their signatures in the\_\_\_\_\_\_\_\_\_\_\_\_\_\_ year of the Republic of India. I (a) In case of the individual) Shri\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signed by the above-named Mortgagor, Proprietor of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ In the presence of :- ### 1. Witness\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. Witness\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Proprietor of\_\_\_\_\_\_\_\_\_\_\_\_\_ (B) . In the case of Co-operative Society). Singed for and on behalf of the above named society. The seal of the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (the society hereinbefore referred to) was hereunto affixed by virtue of a resolution of the Managing Committee No.\_\_\_\_\_\_\_\_\_\_\_\_\_ dated the \_\_\_\_\_\_\_\_\_\_\_\_ of \_\_\_\_\_\_\_\_\_\_\_\_\_\_. In the presence of :- Members of the Managing Committee. Members of the Managing Committee. Members of the Managing Committee. In the presence of :- Witnesses ### 1. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Signature for and on behalf of the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Governor of Haryana. ### 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Director of Industries, Haryana. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Form 'T' Affidavit In the matter of granting loan under the State Aid to Industries Act, ### 1. I\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of Shri\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ solemnly affirm and declare that I am the sole owner of the immovable property described below of the value of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Rupees which is free from all encumbrances and I have not stood surety for any person. ### 2. I further declare the I have not obtained any financial assistance in respect of my business from any source and have not applied for loan against the said property to any agency. ### 3. I further declare that I do not constitute joint Hindu Family or hold any property or business jointly with the applicant/applicants or his/their surety. ### 4. I further declare that I have agreed to stand surety for the repayment of loan of\_\_\_\_\_\_\_\_\_\_\_\_ Rupees applied to the Director of Industries, Haryana, by Shri/Messrs.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ under the State Aid to Industries Act, 1935, for the purchase of machinery to be installed in the shed of Industrial Estate\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and the interest on the aforesaid amount in case Shri/Messrs.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ makes default in the repayment of the aforesaid loan and interest or remove the machinery to be mortgaged with the Government By Shri/Messrs.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ before clearing all Government dues. ### 5. That the statement made in paragraphs 1 to 3 is true to my knowledge and belief and that made in paragraph 4 is based on the information received from Shri/Messrs.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ which I believe to be true and nothing has been concealed therein. | | | | | --- | --- | --- | | Serial No. | Description of the property | Value | Place\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Deponent Dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (\_\_\_\_\_\_\_\_\_\_\_) Attested Signature and seal of the Magistrate 1st Class. Form 'U' Form of deed for a further loan to be taken by the applicant against his property and the property of the sureties already mortgaged with the Government. This Further charge is made this\_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_ 197\_\_\_\_\_\_\_\_\_\_. between (A) The\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Limited, a company in-corporated in India registered under the Indian Companies Act, 1913/1956 with registered officer at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. (B) A society registered under the Punjab Co-operative Societies Act, 1961 (No. 25 of 1961), with principal place of business at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. (C) 1.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ### 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ### 3. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ residing at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, and himself/themselves (Constituting the sole or only proprietor of the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ being all the partners) And Carrying on Business at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in the name and style of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_himself/themselves, Its/his/their hereinafter\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Legal representative assigns, jointly and severally referred to as the mortgagor) of the first part. Secondly, ### 1. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ### 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ### 3. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. (hereinafter Himself/themselves, His/their heirs, legal representatives, and assings, hereinafter referred to as the surety/sureties) of the second part. And Thirdly, the Governor of Haryana, through the Director of Industries (hereinafter referred to as Government) of the third part :- Whereas by a mortgage deed, dated\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ made between the mortgagor surety/sureties and Government (hereinafter called the principal deed) the mortgagor and surety/sureties conveyed certain property therein and particularly specified in the Schedules I and II to the principal deed, for securing payment to the Government of the principal sum of Rs.\_\_\_\_\_\_\_\_\_\_ with interest thereon at the rate of per cent per annum. And whereas out of the said principal a sum of Rs.\_\_\_\_\_\_\_\_\_\_\_ together with interest still remains owing to the government on the security of the principal deed; And whereas the mortgagor and surety/sureties have assured Government that they are the sole owners of the aforesaid property and that except the mortgage made in the principal deed subject to which this mortgage is made, the said property is not mortgaged, charged or otherwise encumbered in any way whatsoever. And whereas the mortgagor has applied under Section 17 of the Punjab State aid to Industries Act, 1935, to the Director of Industries, Haryana, for a further loan of Rs.\_\_\_\_\_\_\_\_\_\_\_ for the purpose of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. And whereas the Director of Industries, Haryana, with the previous sanction of the Government of the State of Haryana, has agreed to grant the said loan to the mortgagor, subject to the conditions hereinafter appearing :- Now This Indenture Witnesseth That :- ### 1. In pursuance of the said agreement and for the purpose of in part securing the said sum of Rs.\_\_\_\_\_\_\_\_\_\_\_\_(receipt whereof the mortgagor hereby acknowledges) the mortgagor hereby convenants with Government to repay to Government the said sum of Rs.\_\_\_\_\_\_\_\_\_\_\_ with interest thereon at the rate of Rs.\_\_\_\_\_\_\_\_\_\_\_ per cent per annum, [with a rebate of 4 per cent per annum if the repayment of the principal and the payment of interest are made on due dates and the loan is being utilised and the condition on which it was granted are being or have been duly fulfilled.] [Added by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] computed from\_\_\_\_\_\_\_\_\_\_\_\_\_ in the following instalments :- First instalment of the sum of Rs.\_\_\_\_\_\_\_\_\_\_\_\_ representing the interest on the loan at the said rate for a period of one year recommencing from \_\_\_\_\_\_\_\_\_\_\_\_ to \_\_\_\_\_\_\_\_\_\_\_\_\_\_ shall be payable on the \_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_. Second instalment of Rs.\_\_\_\_\_\_\_\_\_\_\_\_ out of the principal amount shall be payable on the\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_. Third instalment of Rs.\_\_\_\_\_\_\_\_\_\_ out of the principal amount shall be payable on the\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_. Fourth instalment of Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ out of the principal amount shall be payable on the\_\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_\_. Fifth instalment of Rs.\_\_\_\_\_\_\_\_\_\_\_ out of the principal amount shall be payable on the\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_\_. Sixth instalment of Rs.\_\_\_\_\_\_\_\_\_\_\_ out of the principal amount shall be payable on the\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_. Seventh instalment of Rs.\_\_\_\_\_\_\_\_\_ out of the principal amount shall be payable on the\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_. Ant the mortgagor shall with each of the second to seventh instalments pay interest at the rate aforesaid accrued on the entire amount of loan remaining due immediately before such payment : Provided that the Director of Industries, may for sufficient reasons, postpone of payment of interest on the due date for a period of one year at a time. If the payment of interest is so postponed the amount of interest so postponed shall be considered added to the principal amount then remaining due and shall be payable by the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to government with interest at the rate aforesaid and the amount of each instalment of the principal then remaining due shall be increased by the amount equal to the amount of interest so postponed divided by the number of instalments as have not become due at that time : Provided further that the Director of industries, may at the written request of the mortgagor and in his sole discretion when the amount is below Rs. 5,000 and with previous sanction of Government when the loan is Rs. 5,000 or above, extend the due date of payment of one or more instalments provided that the total period of repayment of the loan with interest does not exceed ten years from the date of disbursement of the loan amount. ### 2. It shall be lawful for the mortgagor at any time to repay the whole or any portion of the said loans in excess of the instalments referred to above or prior to the due date. ### 3. The said loan is made under and shall remain in any case subject to the provisions of the Punjab State Aid to Industries Act, 1935, and the rules made or to be made thereunder. ### 4. The mortgagor shall not, except with the approval of the Director, of Industries, Haryana, previously obtained, withdraw from the Industrial concern for the purpose of which the said loan is hereby granted any profits or declare or distribute dividends in excess of such percentage rate upon the amount of the capital of the Industrial concern as may be determined by the Director of Industries, Haryana, in each case, so long as any part of the loan or the State aid remains unpaid or this deed remains in force. ### 5. The amount of loan shall be utilised by the mortgagor in the following manner within [six months] [Substituted by Haryana GSR 102/PA 5/35/Section 46/Amd/80 dated 26/9/1980.] from the date of disbursement or such extended period, as may be allowed by the Director of Industries, Haryana, or any Officer authorised by him from time in this behalf :- (i) as working capital Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_. (ii) for purchase of machinery Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_\_. (iii) construction of factory building Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_\_. ### 6. If the mortgagor makes default in compliance with any of the terms or conditions of this deed or the principal deed or in the repayment of the loan hereby granted and the moneys hereby secured or any part thereof together with any interest that may be due thereon on the date or dates on which such moneys and such interest shall be payable, the entire amount of the loan outstanding against him shall become immediately payable and from the date do default Government shall be entitled to charge interest [at the rate of rupees....... per cent per annum] [Substituted for 'at an enhanced rate of 7-½ per cent per annum' by Haryana Notification No. GSR 20/PA5/35 Section 46/Amd(1) /77 dated 28.1.1977.] and without prejudice to other rights and remedies of Government, the Director, of Industries, Haryana, may himself issue a notice under Section 23 of the said Act and the money duly specified therein shall become immediately payable as if a money decree therefore had been passed by a civil court in the exercise of it s ordinary original jurisdiction. ### 7. The mortgagor and surety/sureties as beneficial owners both hereby :- (i) Charges by way of legal mortgage the property comprised in the principal deed and with the payment of further sum of Rs.\_\_\_\_\_\_\_\_\_ now but with interest due hereunder and the other money payable by the mortgagor to the Government under this deed, in addition to the sum secured by the principal deed and the interest due or to become due thereunder : (ii) Declares that the property comprised in the principal deed shall not be redeemable without payment by the mortgagor to the Government of all principal money, interest and other moneys payable by the Mortgagor under the principal deed and this deed. (iii) All the powers, covenants and provisions contained in the principal deed shall apply for enforcing payment of all principal money, interest and other money, interest and other moneys payable by the Mortgagor under the principal deed and this deed. ### 8. And in further pursuance of the agreement and covenants referred to above, the mortgagor and/surety/sureties hereby agree to insure against fire upto the full amount of the loan secured by this deed and the principal deed, the entire factory building, machinery and stock in mortgagor,s Industrial concern and the properties, comprised in Schedules I and II annexed to the principal deed and if government so desires all other properly hereby mortgaged and that the policy of insurance shall be taken out in the joint name of the mortgagor and surety/sureties and the Government and that it shall be deposited with the Director of Industries, Haryana/District Industries Officer. The mortgagor shall pay all premiums, and at his own cost renew the policy every year during the currency of the loan, failing which Government may pay the same and such premiums when paid by Government shall form part of the loan secured with interest under this mortgage. ### 9. The mortgagor shall be required to put up engraved metal plates of the prescribed size containing the word pledged to "Government" at his own cost on every machine and shall be liable to pay on liquidated damages a sum not exceeding Rs. 500 if he wilfully removes or defaces the plates. ### 10. It is further agreed by mortgagor and surety/sureties that not withstanding anything herein before contained, Government or the Director of Industries, Haryana, may by the appointment of its own Director or otherwise exercise such control over the conduct of the industry to which State aid has been gibe, as shall suffice in their or his opinion to safeguard the interest of government, in such industrial concern and that the mortgagor shall forthwith comply with all recommendations made by the Director of Industries or the Director so appointed. ### 11. It is further agreed that any plant or machinery purchased by the mortgagor with the loan and mortgaged hereby whether specified in the deed as security or not shall, until the amount due under this deed and the principal deed are repaid in full, remain hypothecated to the Government as collateral Security and any transfer thereof, assignment of any rights, title or interest therein or the creation of any mortgage, encumbrance or any other charge thereon by the mortgagor, shall be void against Government unless it has been made or created with previous written consent of the authority sanctioning the loan. ### 12. And this Indenture further witnesseth that in further pursuance of the said agreement and as security for the said sum of Rs.\_\_\_\_\_\_\_\_\_ and the interest thereon the surety/sureties as beneficial owner, both hereby grant convey and assign unto the Government, all and several of the properties referred to in the said Schedule II to the principal deed to have and to Hold the same unto and to the use of Government, its successors and assigns forever, subject to the provision for redemption hereinafter contained and the surety, doth further covenant that if the mortgagor shall make default in the payment of the loan hereby granted and the moneys hereby secured or any part thereof or of any interest thereon on the date of dates on which the same shall be or become payable, then the whole of the said loan and interest whether added to the principal and its being interest or not or such part as may then or thereafter be due and unpaid, shall become due and payable by the sureties jointly and severally and Government shall be at liberty to recover the same from the surety or from the property hereby mortgaged by the sale thereof or by a notice under the Punjab State Aid to Industries Act, 1935, as Government may thing fit whether Government have pursued all or any of its remedies against the mortgagor or his property hereby mortgaged or not. ### 13. It is further agreed that until the entire amount is repaid with interest the mortgagor will undertake free training of apprentices selected by the Director of Industries, Haryana, not three in number, at any one time, in the work carried on by the mortgagor and that non-fulfilment of the condition shall be deemed a default in compliance with this deed. ### 14. It is further agreed that the stamp on this instrument shall be borne by the mortgagor and the same shall be presented for registration by the mortgagor and registered at his own cost. ### 15. Government shall be entitled to enforce this mortgage subject to its rights under the principal deed dated\_\_\_\_\_\_\_\_\_\_\_ without suing on the basis of the said principal deed. In witness whereof the parties have hereunto set their hands on the dates, respectively, mentioned against their signatures in the Twenty-second year of the Republic India. (A) (In case of an individual or firm) Signed by the above-named mortgagor Shri \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ proprietor of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. In the presence of :- Signed by the above-named sole proprietor or partner(s) of the said firm. ### 1. 1. Signature ### 2. Occupation ### 3. Address ### 2. 1. Signature ### 2. Occupation ### 3. Address N.B. - The Director of Industries, Haryana, should be satisfied from a partnership deed or otherwise that the executant has full power as such to bind the firm and attention is called to Section 58(d) of o the Indian Partnership Act, 1932, failing which special power of attorney should be demanded from absent partners in favour of the persons signing, which should be retained with Government's copy of the mortgage. (B) (in the case of a society) The seal of the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ society, was hereunto affixed by virtue of a resolution of Governing Committee No.\_\_\_\_\_\_\_\_\_\_\_ dated the \_\_\_\_\_\_\_\_\_\_\_\_day of \_\_\_\_\_\_\_\_\_\_\_ 197\_\_\_\_\_\_\_. In the presence of :- Member of the Governing Committee. Member of the Governing Committee. Member of the Governing Committee. (c) (in the case of company) The seal of the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ company, Limited, was affixed by virtue of a resolution of Board No.\_\_\_\_\_\_\_\_\_\_ dated\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_ 197\_\_\_\_\_\_\_. In the presence of :- Director Director Secretary. N.B. - In the case of either a Society under Act 25 of 1961 or a Company incorporated under the Companies Act, the Director of Industries should require a copy of the resolution above referred to certified correct by one of the members of the Governing Committee of the Society or by Director or Secretary of the Company as the case may be, authorising the particular executants to sign or to affix the seal. It is however, not necessary for the persons mentioned above always to execute the mortgage itself, and it is sometimes not convenient for them to do so in person as it involves all the officers in question appearing before the sub-registrar and bringing with the the seal of the Society or Company if they so desire they may execute a special power of attorney authorising any respectable person preferably one of their own body to do all things necessary for the single transaction viz. the completion of the mortgage which will be referred to in the preamble to such power of attorney. In that case the power of attorney will require to be executed on paper stamped at Rs. 2 and though it need not be registered or authenticated by the Sub-Registrar (vide circular No. 49/3076/1-30 from the Inspector-General of Registration, Punjab, dated the 7th August, 1953). The Director of Industries may require the same to have been attested under Section 85 of the Indian Evidence Act, where the mortgage is executed by an attorney it will (if for a term exceeding one year) be presented for registration by attorney. ### 1. In the presence of :- | | | | | | --- | --- | --- | --- | | 1. | |- | 2. | Signed by surety and sureties. | In the presence of :- | | | | --- | --- | | 1. | Signed on behalf of the governor of Haryana. | | 2. | Deputy/Assistant Director of Industries | | Secretary to Government | Haryana | Form 'V' (See Rule 37) Form of application for loan in lieu of Inter-State Sales Tax by an eligible Industrial unit the Punjab State Aid to Industries Act, 1935. To The Director of Industries, Haryana. Dear Sir, I/We beg to apply for a loan of Rs.\_\_\_\_\_\_\_\_\_\_\_ only for the development of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ industry/Industries under the Punjab State Aid to Industries Act, 1935 and the rule made thereunder. The required particulars are given below :- (1) Name and style if applicant(s) concern alongwith principle place of business and location. (2) Whether sole proprietorship/partnership/company/co-operatiove society. (3) A list of branch offices and associates or subsidiary concern, if any. (4) Name of industry and type of goods produced. (5) Number of persons employed. (6) Whether a small scale units registered with Department of Industries ? If so, registration number and date. (7) Whether registered with Director General, Technical Development Government of India ? If so, give particulars. (8) Whether established under a licence from Goverment of India under the Industries (Development and Regulations) Act,1951 ? If so give details. (9) Total investments :- (a) Building and land. (b) Machinery. (c) Working capital. How the above finances were arranged. (i) From own resources. (ii) Raising of loans from :- (a) Private resources. (b) Haryana Financial Corporation. (c) Industries Department. (d) Investment Finance Corporation. (e) Industrial Development. (f) Bank of India. (g) Haryana State Industrial Development Corporation. (h) Banks/other resources. (Whether loans as aforesaid have been refunded ? If not, the details of outstanding be given) (10) Whether registered with haryana Excise and more Central Sales Tax No. Taxation Department for Sales Tax Purposes ? If so, give registration number and date. (11) Whether all sales are being effected from Haryana. Yes/No. (12) Amount of inter-State Sales Tax paid during financial year. ### 1970. -71 ### 1971. -72 and so on (it must be accompanied by receipted treasury challans and certificate from concerned Assessing Authority in form 'V'). (13) Whether assessment of Inter-State Sales Tax have been made by the Assessing Authority for the year, which forms basis for loan. (14) Amount of tax paid on the purchases of raw material made within Haryana during the year which forms basis for loan. (15) Total amount of Sales Tax paid in Haryana during financial year, - | | | | --- | --- | | Under the Punjab General Sales Tax Act | 1948 | | 1970-71 | | | 1971-72 and so on. | | (16) Would you like to offer any security for repayment of the loans ?If so, please specify. (17) Any other information not covered above. I/We declare that the statements made/particulars given above are true and correct to the best of my/our knowledge and belief. Signature of the applicant. Form 'W' (See rules 38 and 39 and 40) Certificates ### 1. Name and address of the unit. ### 2. Sales tax Registration Number - (a) Under the Punjab General Sales Tax Act, 1948 (b) Under the Central Sales Tax Act, 1956. ### 3. Amount of tax paid by the | | | | | --- | --- | --- | | Unit | 1970-71 | 1972-73 | (i) Under the Central Sales Tax Act, 1956 (ii) On the purchase of raw materials within the State of Haryana. ### 4. Whether assessment for the year 1970-71 or so on has been made, if so, the amount due from the firm over and above the sales tax already deposited. Assessing Authority" Form 'X' (See rule 39) Form of agreement deed for interest free loan in lieu of inter State sales tax paid or payable by an industrial unit. This agreement made on the\_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_ 197\_\_\_\_\_\_\_\_. (A) The \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Ltd., a company incorporated in India and registered under the Indian Companies Act, 1956, with registered officer at\_\_\_\_\_\_\_\_\_\_\_\_ (B) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ a society registered under the Punjab Co-operative Societies Act, 1961, with principal place of business at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (C) (1)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (2) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (3) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (4) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (5) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ residing at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ and himself constituting the sole or only\_\_\_\_\_\_\_\_\_\_\_\_\_ proprietor of the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ carrying on business at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in the name and style of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (hereinafter on behalf of himself/themselves, its/his/their legal representatives, assignees, jointly and severally referred to as the principal of the first part; And (1) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ residing at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on behalf of\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. themselves, their heirs, legal representatives and assigns (hereinafter referred to as the sureties) of the second part : And Thirdly, the Governor of Haryana through the Director of Industries (hereinafter referred to as "the Government") of the third part. Whereas the Principal has applied under Section 19 of the Punjab State Aid to Industries Act, 1935 to the Director of Industries, Haryana for a loan of Rs.\_\_\_\_\_\_\_\_\_\_\_ for the purposes of development of Industrial in-lieu of the Inter-State Sales tax period to the Haryana Excise and Taxation Department. Whereas (1) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (2) \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, son of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ have agreed in accordance with rule 43 to stand as sureties for the repayment of the said loan; And Whereas the Government have agreed to grant a loan of Rs.\_\_\_\_\_\_\_\_\_\_\_\_\_ to the Principal subject to the conditions hereinafter appearing, for the purpose of development of Industries :- Now This Agreement Witnesseth That : ### 1. In pursuance of the said agreement and for purpose of in part securing the said sum of Rs.\_\_\_\_\_\_\_\_\_\_ (the receipt whereof the Principal hereby acknowledged) the Principal hereby covenants to pay to the Government before the\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_197, the said of Rs.\_\_\_\_\_\_\_\_\_\_ provided nevertheless that :- (i) If the Principal shall pay the said sum of Rs.\_\_\_\_\_\_\_\_\_\_ by the following instalments :- FIRST INSTALMENT OF Rs.\_\_\_\_\_\_ on the \_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_197\_\_\_\_. SECOND INSTALMENT OF Rs.\_\_\_\_\_\_ on the \_\_\_\_\_\_ day of\_\_\_\_\_\_197\_\_\_\_. THIRD INSTALMENT OF Rs.\_\_\_\_\_\_ on the \_\_\_\_\_\_ day of\_\_\_\_\_\_197\_\_\_\_. FOURTH INSTALMENT OF Rs.\_\_\_\_\_\_ on the \_\_\_\_\_ day of\_\_\_\_\_\_197\_\_\_\_. FIFTH INSTALMENT OF Rs.\_\_\_\_\_\_\_ on the \_\_\_\_\_\_ day of\_\_\_\_\_\_197\_\_\_\_. SIXTH INSTALMENT OF Rs.\_\_\_\_\_ on the \_\_\_\_\_ day of\_\_\_\_\_\_\_\_197\_\_\_\_. SEVENTH INSTALMENT OF Rs.\_\_\_\_\_\_\_ on the \_\_\_\_\_ day of\_\_\_\_\_\_197\_\_\_\_. NINTH INSTALMENT OF Rs.\_\_\_\_\_\_\_ on the \_\_\_\_\_\_ day of\_\_\_\_\_197\_\_\_\_\_. NINTH INSTALMENT OF Rs.\_\_\_\_\_\_\_ on the \_\_\_\_\_\_\_ day of\_\_\_\_\_197\_\_\_\_\_. TENTH INSTALMENT OF Rs.\_\_\_\_\_\_\_ on the \_\_\_\_\_\_ day of\_\_\_\_\_\_197\_\_\_\_\_. Until the whose sum due shall be paid, then subject to the terms and conditions hereinafter contained, the Government will accept payment of the said sum of Rs.\_\_\_\_\_\_\_\_\_\_ by such instalments and will not take any steps to obtain payment of the said sum of Rs.\_\_\_\_\_\_\_\_\_. (ii) that it shall be lawful for the Principal at any time to repay the whole or any portion of the said loan exceeding the instalments referred to above prior to the said due date; (iii) the said loan is made under them shall remain in any case subject to the provisions of the Punjab State Aid to Industries Act, 1935, and any rules made or to be made these under; (iv) The Principal shall not, except with the approval of the Director of Industries, previously obtained, withdraw from the Industrial concern for the purpose of which the said loan is hereby granted any profits (or declare or distribute dividend) in excess of such percentage rate upon the amount of the capital of the industrial concern as may be determined by the Director of Industries, Haryana, in such case so long as any part of the loan remains unpaid or this agreement remains in force. (v) if the Principal shall make default in complying with any or the terms and conditions of this deed or in the repayment of any instalment of the loan hereby granted and the moneys hereby secured or any part thereof on the date or dates on which such moneys and such interest shall be payable,l the entire amount of the loan withdrawn by him and outstanding against him shall become immediately payable and from the date of default Government shall be entitled to charge interest at the rate of 12 percentum per annum, without prejudice to other rights and remedies of the Government, the said Director of Industries, or any officer authorised by the government in this behalf may issue a notice under Section 23 of the said Act and the moneys duly specified therein shall become immediately payable. ### 2. As security for the sum of Rs.\_\_\_\_\_\_\_\_\_\_ the sureties doth hereby agree that if the Principal shall make default in the repayment of the loan hereby granted or any part thereof or on any interest thereon on the date or dates on which the same shall be or become pay7able then the whole of the said loan and interest if levied, whether added to the principal or itself, being interest or nor such part as may them or thereafter be due and unpaid shall become due and payable by the sureties jointly and severely and the Government shall be at liberty to recover the same from the sureties. ### 3. Not withstanding anything hereinbefore contained, the Director of Industries, may by the appointment of its own Directors or otherwise exercise such control over the conduct of the Industries to which loan has been given as shall suffice in his opinion to safeguard the interest of the Government in such industrial concern and that the principal shall forthwith comply with all recommendations made by the Director of Industries or the Directors so appointed. ### 4. The stamp duty on this instrument shall be borne by the Principal. ### 5. It is further agreed that until the entire amount is repaid (with interest if levied) the Principal will undertake free training of apprentices selected by the Director of Industries, Haryana, not exceeding five in number at any one time, in the work carried on by the Principal and that non- fulfilment of this condition shall be deemed to be default in compliance with this deed. ### 6. The Principal agree that it shall effect all inter-State sales from a place in the State of Haryana. In Witness whereof the parties have set their hands in the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ year of the Republic of India. (a) (in the case of a firm) N.B. - The department should be satisfied from a partnership deed or other be that the executant has full power as such to bind the firm. Failing over in the partnership deed, a special power of attorney should be demanded from absent partners in favour of the persons signing, which should be retained with Governments copy of the agreement. (a) (In the case of society). The seal of the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (the Society hereinafter referred to) was hereto affixed by virtue of a resolution of Governing Committee No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ dated the\_\_\_\_\_\_\_\_\_\_\_\_\_ day of\_\_\_\_\_\_\_\_\_\_\_197\_\_\_\_\_. In the presence of :- Member of the Governing Committee. Member of the Governing Committee. Member of the Governing Committee. (c) (In the case of a Company) The seal of the\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Company, Limited, was affixed by virtue of the resolution of the Board No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_ dated the\_\_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_197\_\_\_\_\_\_. In the presence of Director. Director. Secretary. N.B. - In the case of either a society under Co-operative Societies Act of 1967 or a Company incorporated under the Companies Act, 1956, the Department should require a copy of the resolution above referred to certified to be Correct (either by one of the members of the Governing Committee of the Society or by a Director or Secretary of the Company as the case may be) authorising the particular executant or executants to sign or to affix the seal. It is, however, not necessary for the persons mentioned above invariably to execute the instrument itself and it is sometimes not convenient for them to do so in person as it involves all the officers in question appearing before the Sub-Registrar and bringing with them the seal of the Society or company. If they so desire they may execute s special power of attorney authorising any respectable person preferably one of their own body to do all things necessary for the single transaction, viz. "the completion of the instrument" which will be referred to in the preamble to such power of attorney, in that case the power of attorney will require to be executed on papers stamped at Rs. 3, and though it need not be registered or authenticated by the Sub-REgistrar, - vide Circular No. 49/3076/A-30 from the Inspector- General of Registration, Punjab dated 7th August, 1933 the Department may require the same to have been attested under Section 85 of the Indian Evidence Act. Signatures of the sureties. ### 1. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 2. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ In the presence of Witnesses ### 12. Witnesses12 Signed for and on behalf of the Governor of Haryana.

65b92e76ab84c7eca86e8868

acts

State of Odisha - Act ----------------------- The Orissa Legislative Assembly Members' Salary and Allowances (Deduction of House Rent and other Charges) Rules, 1957 ------------------------------------------------------------------------------------------------------------------------ ODISHA India The Orissa Legislative Assembly Members' Salary and Allowances (Deduction of House Rent and other Charges) Rules, 1957 ======================================================================================================================== Rule THE-ORISSA-LEGISLATIVE-ASSEMBLY-MEMBERS-SALARY-AND-ALLOWANCES-DEDUCTION-OF-HOUSE-RENT-AND-OTHER-CHARGES-RULES-1957 of 1957 --------------------------------------------------------------------------------------------------------------------------------- * Published on 30 January 1957 * Commenced on 30 January 1957 The Orissa Legislative Assembly Members' Salary and Allowances (Deduction of House Rent and other Charges) Rules, 1957 Published vide Notification No. 1127-A-dated 30th January 1957 Home Department No. 1127-A-dated 30th January 1957. - In exercise of the powers conferred by clause (b) of Sub-section (2) of Section 7 of the Orissa Legislative Assembly Members Salary and Allowances Act, 1954 (Orissa Act XIX of 1954), the State Government do hereby, make the following rules, namely- ### 1. (1) These Rules May be called the Orissa Legislative Assembly Members Salary and Allowances (Deduction of House Rent and other Charges) Rules, 1957. (2) They shall come into force at once. ### 2. Deductions on account of house rent and other charges (Such as electric charges, water rent, furniture rent, damage or loss of Government property), if any, outstanding against any Member of the Assembly in respect of Government quarters occupied by him in the New Capital shall be made by the Assembly Secretariat from the Salary payable to such a member on such demand being made by the Executive Engineer having jurisdiction. The amount so deducted from the salary shall be credited to the appropriate head, in the Treasury at the time of encashment of salary bill. ### 3. In case of excess recovery, the Member concerned may take up the matter with the said Executive Engineer for refund of such excess. ### 4. The balance of house rent and other charges, if any, specified in Rule 2 outstanding against a member, which, however is not possible to recover in full in the manner provided in Rule 2, shall be recovered from the travelling allowance bills of the member concerned and credited to the appropriate head by the Accountant-General to whom the said bills shall be sent for pre-audit.

65b9a889ab84c7eca86e9907

acts

State of Haryana - Act ------------------------ The Indian Forest (Punjab Amendment) Act, 1962 ------------------------------------------------ HARYANA India The Indian Forest (Punjab Amendment) Act, 1962 ================================================ Act 13 of 1962 ---------------- * Published on 21 June 1962 * Commenced on 21 June 1962 The Indian Forest (Punjab Amendment) Act, 1962 Act No. 13 of 1962 Statement of Objects and Reasons. - This Bill seeks to achieve unification of laws relating to forests in force in the territories which, immediately before the 1st November, 1956, were comprised in the State of the Patiala and East Punjab States Union. Accordingly it is proposed to amend the Indian Forest Act, 1927, for the purpose of extending it and for certain other purposes. While repealing the Patiala Forest Act, 1999 Bik, it is proposed in clause 7(1) of the Bill to keep section 39 of the Patiala Act alive. In order to save the duties being levied and charged under section 39 of the Patiala Act, 1999 Bik., that section is now proposed to be repealed as the necessary protection is afforded by Article 277 of the Constitution. Published Punjab Government Gazette Extraordinary, dated the 27th April, 1952, Page 637. Received the assent of the President of India on the 21st June, 1962 and was first published in the Punjab Government Gazette Extraordinary, dated 10th July, 1962. An Act to amend the Indian Forest Act, 1927, in its application to the State of Punjab for the purposes of extending it to the territories which, immediately before the 1st November, 1956, were comprised in the State of Patiala and East Punjab States Union and for certain other purposes. Be it enacted by the Legislature of the State of Punjab in the Thirteenth Year of the Republic of India as follows :- ### 1. Short title. - This Act may be called The Indian Forest (Punjab Amendment) Act, 1962. ### 2. Amendment of section 1 of Central Act XVI of 1927. - In section (1) of the Indian Forest Act, 1927, in its application to the State of Punjab (hereinafter referred to as the principal Act) (1) After sub-section (2), the following sub-section shall be inserted, namely :- "(2A) Notwithstanding anything contained in sub-section (2) , it also extends to the territories which before the Ist November, 1956, were comprised in the State of Patiala and East Punjab States Union"; and (2) in sub-section (3), after the word, "Orissa", the words "Patiala and East Punjab States Union" shall be inserted. ### 3. Insertion of new section 35-A in Central Act XVI of 1927. - After section 35 of the principal Act, the following section shall be inserted, namely :- "35-A. Power to regulate preservation etc. of trees in private lands. - The State Government may, by rules made under section 76, regulate the preservation and disposal of trees, standing on lands belonging to or in the occupation of private persons, in respect of which permission to remove is required under the record of rights prepared under any law relating to land revenue." ### 4. Amendment of section 38 of Central Act XVI of 1927. - In sub-section (1) of section 38 of the principal Act, for the words "the owners of shares therein amounting in the aggregate to at least two-thirds thereof", the words "owners of the majority of shares therein" shall be substituted. ### 5. Amendment of section 68 of Central Act XVI of 1927. - In sub-section (3) of section 68 of the principal Act, for word "fifty" the words "five hundred" shall be substituted. ### 6. Insertion of new section 84-A in Central Act XVI of 1927. - After section 84 of the principal Act, the following section shall be inserted, namely :- "84-A. Validity of settlements etc. of covenanting States. - For the removal of doubts it is hereby declared that every settlement or arrangement made before the 20th August, 1948, under the authority of the Government of any Covenanting State forming part of the territories referred to in sub-section (2-A) of section 1, with respect to any claims or rights of any persons admitted by the Government of that State to be in existence in any of the forest or waste lands which were the property of that Government or over which that Government had proprietary rights or to the whole or part of the forest produce of which that Government was entitled, shall be deemed to be as a settlement of claims and rights duly inquired into and admitted for the purposes of this Act and shall be deemed always to have been so inquired and admitted for the purposes of the Patiala Forest Act, 1999 Bik. and it shall not be, and shall be deemed never to have been, necessary to determine the rights of person in accordance with Chapters II and IV, as the case may be, for declaring any forest or waste lands to be reserved or protected forest or a first or second class forest." ### 7. Repeal and saving. (1) The Patiala Forest Act, 1999 Bik., except section 39 thereof, is hereby repealed :- Provided that the repeal shall not affect :- (a) the previous operation of the Act so repealed or anything done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Act so repealed; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed. (2) Subject to the provisions of proviso to sub-section (1), anything done or any action taken (including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, by-law or form framed) under the Act repealed by sub-section (1) shall, in so far as it is not inconsistent therewith, be deemed to have been done or taken under the corresponding provisions of the principal Act as amended by this Act and shall continue to be in force accordingly unless and until superseded by anything done or any action under the principal Act so amended : Provided that all forests which immediately before the commencement of the Indian Forest (Punjab Amendment) Act, 1962, are, or are deemed to be First and Second Class Forests under the Act repealed by sub-section (1) shall respectively be deemed to be reserved and protected forests for the purposes of the principal Act as amended by this Act.

65b97519ab84c7eca86e91ee

acts

State of Punjab - Act ----------------------- Punjab Mini Bus Service Scheme, 2010 -------------------------------------- PUNJAB India Punjab Mini Bus Service Scheme, 2010 ====================================== Rule PUNJAB-MINI-BUS-SERVICE-SCHEME-2010 of 2010 -------------------------------------------------- * Published on 19 May 2010 * Commenced on 19 May 2010 Punjab Mini Bus Service Scheme, 2010 Published vide Notification No. S.O.239/C.A.59/1988/S.99/2010, dated 19.5.2010 Last Updated 25th May, 2019 No. S.O.239/C.A.59/1988/S.99/2010. - Whereas, the Governor of Punjab is of the opinion that for the purpose of providing an efficient, adequate, economical and properly co-ordinated road transport sendee, it is necessary in the public interest that road transport service in relation to whole areas of the State of Punjab, should be run and operated by the State Transport Undertakings to the complete or partial exclusion of other persons by providing mini bus service, linking villages with the Block headquarters or municipality or town or city ; And whereas in exercise of the powers conferred by section 99 of the Motor Vehicles Act, 1988, (Central Act No. 59 of 1988), the proposal regarding a scheme for the aforesaid purpose was formulated and objections thereto were invited under sub-section (1) of section 100 of the aforesaid Act by the Government of Punjab, Department of Transport, NotificationNo. S O. 35/C.A.59/1988/S.99/ 2009, dated the 19th August, 2009 ; And whereas, the objections received in response to the proposal have been considered by the Government of Punjab as required under sub-section (2) of section 100 of the said Act; Now, therefore, in exercise of the powers conferred by sub-section (3) of section 100 of the Motor Vehicle Act, 1988, and all other powers enabling him in this behalf, the Governor of Punjab is pleased to make the following Scheme, namely:- ### 1. (1) This scheme may be called the Punjab Mini Bus Service Scheme, 2010. (2) It shall come into force on and with effect from the date of its publication in the Official Gazette. ### 2. In the Scheme, unless the context otherwise requires,- (a) "Indicative Routes" means the routes, specified in Schedule 'D'; (b) "Mini Bus" means a stage carriage, the body of which shall be fabricated on a chassis, the wheelbase of which does not exceed 154 inches and which does not carry more than thirty passengers besides the driver and the conductor, or as may be specified by the State Transport Authority from time to time ; (c) "Monopoly Routes" means the routes, specified in Schedule 'A' ; (d) "National Highways" means the National Highways, specified in Schedule 'B'; (e) "Private Operator" means a person, who holds a permit, granted to him by the competent Authority ; (f) "State Highways" means the Highways, specified in Schedule 'C'; and (g) "Schedule" means a Schedule appended to this scheme. ### 3. The following shall be the State Transport Undertakings, namely:- (i) The Punjab Roadways ; and (ii) The Papsu Road Transport Corporation. ### 4. All future operations on monopoly routes shall, exclusively, be undertaken by the State Transport Undertakings. ### 5. All future operations on the indicative routes, shall be. undertaken by the State Transport Undertakings and private operators in the ratio of 20.80, respectively, which shall be determined on the basis of passengers road transport needs, as assessed by the State Transport Commissioner, Punjab, from time to time, subject of the conditions that,- (a) the total length of each such route does not exceed 25 kilometers and total mileage shall not exceed 250 Kms ; (b) not more than 1/4th of the route length runs across a National Highway ; (c) not more than half of the route runs across a State Highway ; (d) one of the terminus of the route shall be a village ; (e) no municipality or town or city should fall in the route ; and (f) the second terminus may be a municipality or town or city : Provided that the existing mini bus permit holders shall be allowed to continue to operate their buses on the same terms and conditions on which they were operating prior to the publication of this scheme : Provided further that the State Transport Commissioner may formulate any new route, if required to do so in public need, subject to the above conditions. ### 6. The route permit shall be allotted as per the procedure laid down under rule 128 of the Punjab Motor Vehicles Ruels, 1989. ### 7. The Punjab Mini Bus Scheme, 2007, published in the Punjab Governement Gazette on the 14th November, 2008, is hereby repealed. A --- (sub-clause (c) of clause 2) List of Monopoly Routes being operated by the State Transport Undertakings i.e. the Punjab Roadways/PUNBUSand the Pepsu Road Transport Corporation. ### 1. Ferozepur-Lakho ke Waryam. ### 2. Golu ke Mandi to Khai ### 3. Golu ke Mandi to Jalalabad ### 4. Jalalabad to Ladhu ke ### 5. Ladhu ke to Fazilka. ### 6. Amritsar to Manawala. ### 7. Jandialato Khalchian ### 8. Khalchian to Raiya ### 9. Raiya to Subanpur ### 10. Subanpur to Kartarpur ### 11. Jalandhar to Kahlwan ### 12. Patiala to Koli ### 13. Koli to Rajpura ### 14. Rajpura to Banur ### 15. Banur to Zirakpur ### 16. Zirakpur to Chandigarh ### 17. Patiala to Rakhra ### 18. Rakhra to Nabha ### 19. Nabha to Amargarh ### 20. Amargarh to Malerkotla ### 21. Malerkotla to Ahmedagarh ### 22. Ahmedgarh to Alamgir ### 23. Alamgir to Ludhiana ### 24. Malerkotala to Dhuri ### 25. Dhuri to Sangrur ### 26. Patiala to Dhhantal ### 27. Dhhantal to Samana ### 28. Samana to Ghaga ### 29. Ghaga to Patran ### 30. Patran to Dirba ### 31. Dirba to Mahilkalan ### 32. Mahilkalan to Sangrur ### 33. Patiala to Channo ### 34. Channo to Bhawanigarh ### 35. Bhawanigarh to Mahilkalan ### 36. Mahilkalan to Sunam ### 37. Sunam to Bhikhi ### 38. Bhikhi to Mansa ### 39. Mansa to Mour ### 40. Mour to Kot Shamir ### 41. Kot Shamir to Bathinda ### 42. Bathinda to Baluana ### 43. Baluana to Giddarbaha ### 44. Gidderbahato Malout ### 45. Bathinda to Sangat Kanchian ### 46. Sangat Kanchian to Dabwali. B --- (See sub-clause (d) of clause 2) List of National Highways | | | | | | --- | --- | --- | --- | | Serial Number | Name of the Highways | | Name of the Road | | 1 | National Highways No. 1 G.T. | | Road (from Haryana Border to Amritsar and on to Border with Pakitstan Bagha) | | 2 | National Highways No. 1-A | | Jalandhar-Tanda-Dasuya-Mukerian-Pathankot upto Border with J.K. State | | 3 | National Highways No. 10 | | Delhi-Hissar-Sulemanki road (from Dabwali on Haryana Border on to Border with Pakistan near Sulemariki | | 4 | National Highways No. 22 | | Ambala-Kalka-Shimia-Tibbet Road | | 5 | National Highways No. 21 | | From Junction with N.H. No. 22 to Chandigarh-Ropar-Bilaspur-Mandi-Manali | | 6 | National Highways No. 15 | | Pathankot-Kandla road (Section Pathankot-Amritsar-Faridkot-Bathinda-Malout-Abohar-Usmankhera-Sriganganagar | C --- [See sub-clause (f) of clause 2) List of State Highways | | | | | | --- | --- | --- | --- | | Serial Number | Name of Highways | | Name of Road | | 1 | State Highways No. 20 | | Zira-Ferozpur-Fazilka | | 2 | State Highways No. 22 | | Kiratpur-Nangal-Hoshiarpur-Tanda- Amritsar | | 3 | State Highways No. 23 | | Jalandhar Cantt-Hoshiarpur-Dharamsala | | 4 | State Highways No. 24 | | Dasuya-Hoshiarpur-Garhshankar- Balachaur-Ropar | | 5 | State Highways No. 18 | | Kharar-Ludhiana-Ferozpur | | 6 | State Highways No. 16 | | Jalandhar-N akodar-Moga- Kotkapura-Muktsar-Malout- Sriganganagar | | 7 | State Highways No. 16A | | Moga-Baghapurana-Bhuchho- Bathinda-Dabwali | | 8 | State Highways No. 10 | | Chandigarh-Dhakauli-Rajpura- Patiala-Pattaran-Tohana-Hissar | | 9 | State Highways No. 11 | | Ludhiana-Sangrur-Pattran-Jind | | 10 | State Highways No. 12 | | Patiala-Sangrur-Barnala-Bathinda | | 11 | State Highways No. 12A | | Chandigarh-Chunikalan-Sirhind- Gobindgarh-Amloh-Nabha- Bhawanigarh-Sunam-Bhikhi- Kotshamir | | 12 | State Highways No. 13 | | Dakha-Raikpt-Bamala-Mansa-Sardulgarh-Sirsa | | 13 | State Highways No. 15 | | Ferozepur-Faridkot | | 14 | State Highways No. 17 | | Bathinda-Talwandi Sabo-Rori-Sardulgarh | | 15 | State Highways No. 19 | | Barnala-Badani Kalan-Moga-Harike-Khalra | | 16 | State Highways No. 8 | | Pehwa-Bhunarheri-Patiala | D --- List of Indicative Routes (See sub-clause (a) of clause 2 and clause 5) | | | | | --- | --- | --- | | Code No. | Name of the Existing routes | Single length of the route (In Kms) | | 1 | 2 | 3 | | | Sangrur | | | PR/SGR/E/1 | Tapa-Pakho Kainchian via Mour | 16.3 | | PR/SGR/E/2 | Sunam-Arakvvasv/'a Nanglan, Chhajli, Chhajla | 22 | | PR'SGR/E/3 | Dhuri-Hapur via Kakarwal, Bugza, Ranike, Mallo wall, Allal, Harike and Didargarh | 24.8 | | PR/SGR/E/4 | Sunam-Raidharama via Jawanday Chatha, Nanheri, Chhahar, and Korian | 25 | | PR/SGR/E/5 | Khanauri-Mour Faland via Banarsi, Baupur, Addiana, Kheri, Chandu, Mandvi, Ramgarh, Makrud Sahib | 24 | | PR/SGR/E/6 | Sunam-Dhindsa via Chhajli, Sangtiwala, Bhaike Pishore, Kohriana, Jorewal, Jhalour | 25 | | PR/SGR/E/7 | Sunam-Phalera via Nelowal, Bakhshiwala, Jakhepal, Daula Singhwala | 24 | | PR/SGR/E/8 | Kasba Behraj-Malerkotla via Jalwana, Kalian, Pakhowali, Kishangarh, Natho Heri, Sherpur Khurd, Hassanpura, Dhandewali | 25 | | PR/SGR/E/9 | Bhadaur-Mehalkalan via Deepgarh, Ramgarh, Tallewal, Bridge, Bhillan, Chananwal, Chiniwal | 24 | | PR/SGR/E/10 | Dhuri-Jallwe via Kakarwal, Rajomajra, Badshahpur, Ganauri, Didargarh, Sherpur, Bajwa, Kheri | 25 | | PR/SGR/E/11 | Dhiromajra-Malerkotla via Ladowal, Manvi, Narike, Binjoke | 25 | | PR/SGR/E/12 | Dhanaula-Didargarh via Dangra, Kattu, Balian, Kumbarwal, Dhandiwal, Molewal, Alai | 24 | | PR/SGR/E/13 | Bamala-Sherpur via Sekha, Rangian, Sultanpur, Mullonwal, Alai, Herike, Didargarh | 25 | | PR/SGR/E/14 | Sangmr-Nandgarh via Balian, Bhindran, Ghabdan, 24 Jalan, Santokhpura, Chhana | | | PR/SGR/E/15 | Sunam-Rattakhera via Bakhshiwala, Jakhepal, Dharmgarh, Rattakhera, Kanakwal, Phulera | 25 | | PR/SGR/E/16 | Sangrur to Bijalpur via Illawai, Gaganpur, Sajuma, Nagara, Sangraheri, Akbarpur | 24.7 | | PR/SGR/E/17 | Mahal Kalan to Rajgarh via Gaguhar Adda, NahaluwlaAdda, Dadahu Adda, Gobindgarh | 25 | | PR/SGR/E/18 | Barnala-Manal via Sanghera, Badalwad, Amlasingh Wala, Thuliwal, Mangewal | 22 | | PR/SGR/E/19 | Mehal Kalan-Bhadaur via Tulewal, Deepgarh, Chhiniwal, Bihla, Ramgarh | 25 | | PR/SGR/E/20 | Dhuri-Kaluwalia via Quila Hakima, Hassanpur, Bugra, Rajemajra, Kakarwal | 24 | | PR/SGR/E/21 | Dhuri to Sherpur via Kakadwal, Rajomajra, Badshahpur, Salempur, Gangroli Khurd, Didargarh, Kalabulla | 24 | | PR/SGR/E/22 | Sangrur to Gharchon via Akbarpur, Jheor Majra, Khurani, Chanheri, Batheriana | 24.6 | | PR/SGR/E/23 | Moonak to Bhullar via Ghamghat, Rampur, Ghanota, Makror Sahib, Padol | 2.5 | | PR/SGR/E/24 | Mehal Kalan-Raikot via Dhaner, Gangrah, Kirpal Singh Wala, Rajewal, Bassian | 24.8 | | PR/SGR/E/25 | Dhuri-Amargarh via Barmowal, Bangewal, Isse, Lohar Majra, Kheri, Dhandogal, Chora | 19 | | PR/SGR/E/26 | Dhuri-Mohrana via Barwal, Dhandera, Banga, Isse, Lohar Majra, Issra, Jainpur, Bansona, Bhuban | 19 | | PR/SGR/E./27 | Ahmedgarh-Lohgarh via LohatBaddi, Rasin, Johlan | 21 | | PR/SGR/E/28 | Bhawanigarh-Khiwa, Nagar via Thui, Majhi, Biwan, Bhero, Thuhi | 20 | | PR/SGR/E/29 | Barnala-Patti Deep Singh via Pakho, Kainchain, Sehna, Baddate | 25 | | PR/SGR/E/30 | Barnala-Kurar via Thikriwala, Kalala, Chuharke, Sehjra, Mehal Kalan, Khiali | 23 | | PR/SGR/E/31 | Seohra-Ahmedgarh via Kulhari Kalan, Kulhari, Khurd, Lehal, Dhal Kalan, Dhal Khurd, Siarh | 25 | | PR/SGR/E/32 | Sunam-Dugal via Korian, Jawala, Chathe, Chapar, Ladwanjara | 24 | | PR/SGR/E/33 | Sunam-Bijalpur via Khadial, Taranji, Khera, Sular, Gujran, Khanpur | 24 | | PR/SGR/E/3 4 | Ahmedgarh-Pakhowal via Jartauli, Ghungrana, Quila Raipur | 18 | | PR/SGR/E/3 5 | Tapa-Aspalon via Rurka, Dhurkot, Mehta, Badra | 24 | | PR/SGR/E/3 6 | Lehra-Mandvi via Lehal, Bhutal Kalan and Khurd, Amargarh | 23 | | PR/SGR/E/3 7 | Ahmedgarh-Rurki via Chhana, Nathu Majra, Ramgarh Sardara, Maiaud, Nial, Uksi, Lasoi | 25 | | PR/SGR/E/3 8 | Patran-Dhindsa via Dandial, Nihalgarh, Shadihari, Raidhariana, Bhaini Bhutgarh, Dudian | 24.3 | | PR/SGR/E/3 9 | Barnala-Bahadarpur via Pharwahi, Rajgarh, Kattu, Bhatla, Bhaini, Badwar | 25 | | PR/SGR/E/40 | Malerkotla-Channavia Matoi, Albelpur, Jitwal, Bathan, Kanganwal, Jandali Kalan | 23.9 | | PR/SGR/E/41 | Khai to Dirba via Ramgarh, Ghorenab, Kohrian, Rogla, Kaimpur, Rorewala | 24.7 | | PR/SGR/E/42 | Bhawnigarh-Harchandpura via Balad, Turi, Magi, Bimbar, Bimbri, Bharo, Dharoki, Khuhi | 21 | | PR/SGR/E/43 | Malerkotla-Sherpur via Sherwani Kot, Thakhar, Sikhanpura, Bhuka, Issapur, Rurgarh, Changli, Data | 25 | | PR/SGR/E/44 | Malerkotla-Sandour via Munwala, Hussainpur, Shekhupura, Bishangarh, Pharwahi | 25 | | PR/SGR/E/45 | Ghanota-Khanauri via Amarbad, Maror Sahib, Mandvi, Chandu Kheri, Baupur, Banarsi | 25 | | PR/SGR/E/46 | Barnala-Badbhar via Pharwahi, Upli, Kattu Walia, Bhaiani Mehraj | 24.9 | | PR/SGR/E/47 | Longowal-Makha via Anupgarh, Pandher, Dhandrian, Rattoke, Takipur, Mander | 25 | | PR/SGR/E/48 | Sherpur-Malerkotla via Bari, Tibba, Gurbaxpura, Pangarayan, Kukhala, Sikanderpura, Sherwani | 25 | | PR/SGR/E/49 | Bamala to Patti Deep Singh via Bakhatgarh, Thikriwala | 24 | | PR/SGR/E/50 | Dhuri to Sherpur via Changali, Bamal, Kheru, Katron | 23.4 | | PR/SGR/E/51 | Malerkotla-Dhamot via Sarod, Dod, Dudal, Uksi, Raho, Daulatpur, Lasara, Sihora | 25 | | PR/SGR/E/52 | Sangrur-Basiarkh via Sohianm, Gagarpur, Sajuma, Nagra, Akbarpur, Bijalpur | 24 | | PR/SGR/E/53 | Tapa-Mainewal via Alike, Rayia,Sandhu Kalan | 25 | | PR/SGR/E/54 | Malerkotla-Chhana via Sherwani Kot, Sikan Darpur, Bukan Wala, Kothala, Fatehgarh, Badesha, Ganda Singh Wala, Tibbi, Bheri | 23.8 | | PR/SGR/E/55 | Sangrur-Naraingarh via Khurana, Khurani, Balwar Kalan, Gharacho, Chaneri, Batniana, Kapial, Ramgarh | 24.5 | | PR/SGR/E/56 | Chounda-Malerkotla via Hussain pura, Mansi, Badla, Narike, Guara, Bijoke, Malerkotla | 24.3 | | PR/SGR/E/57 | Sunam-Badbar via Namol, Ubewal, Quila, Bharia, Duggan, Bahadurpur | 24.4 | | PR/SGR/E/58 | Sherpur-Barnala via Inna Bajwa, Jalur, Sekha Surjitpura | 25 | | PR/SGR/E/59 | Bhawanigarh-Dhura via Kakra, Sakrodi, Gehla, Nandgarh Chhana, Mehsampur, Kudreri, Badalwad, Bhojowali | 23.4 | | PR/SGR/E/60 | Bamala-Badbar via Pharwahi, Rajgarh, Upli, Kattu, Batlan | 23.8 | | PR/SGR/E/61 | Kheri-Malerkotla via Noudharani, Burj, Kalhera, Bhagli, Katron, Sherpur, Inna Bajwa | 24.3 | | PR/SGR/E/62 | Barnala-Khlilpatti via Sanghera, Badalwad, Wazidke Khurd, Hamidi, Gumti, Bhagwanpura | 24.8 | | PR/SGR/E/63 | Kamalpur-Sunam via Diyalgarh, Khanal, Gujran, Sulargharat, Taranjit khera, Khandiai | 24 | | PR/SGR/E/64 | Badbar-Barnala via Bhaini Mehraj, Balian Sekha | 23.8 | | PR/SGR/E/65 | Pakho Kalan-Dhanaula via Bhaini, Fatta Badra, Dhurkot, Kaneke, Bhaini, Jassa | 24 | | PR/SGR/E/66 | Sangrur-Koulseri via Nanikiana Sahib, Ganga Singh Wala, Julmgarh, Deh Kalan, Saro. Bhojo wali, Badalwad, Bhulerheri | 20.8 | | PR/SGR/E/67 | Bamala-Patti Deep Singh via Shena Singhpura, Kaire, Bakhatgarh, Chunga, Badatte | 25 | | PR/SGR/E/68 | Barnala-Sehan via Khudi Kalan, Shekhu pura, Maur Kalan, Burj | 23 | | PR/SGR/E/69 | Dhanaula to Samo via Gurudwara Natha Singh Saheed, Bughar, Mander, Sahoka, Dhandrian, Khiwa, Sehjad, Khiwa Kalan | 24 | | PR/SGR/E/70 | Barnala to Khilal Patti via Sahera, Gadhal, Amla Singh Wala, Hamidi, Guram, Ghumti, Bhagwanpura | 23 | | PR/SGR/E/71 | Mohanpur Adda-Malerkotla via Barthala, Uksi, | 25 | | PR/SGR/E/72 | Ahmedgarh-Dasounda Singhwalavz'a Chhapar, Rasheed, Brahmpur, Jalwala, Kanwa | 23 | | PR/SGR/E/73 | Chathe-Beharsahib via Khanauri Khurd, Khanauri Kalan, Shergarh, Thrua, Gurditpura, Arno, Dera, Panasore | 21 | | PR/SGR/E/74 | Lehra-Daryapur via Gaga, Ladal, Gidarani, Daska, Hario, Datewala | 25 | | PR/SGR/E/75 | Ahmedgarh-Jodhan via Dhurkot, Kalakh Majri, Loh Garh, Guzarwal, Badowal, Chimende, Dhehpai | 24 | | PR/SGR/E/76 | Patran-Kangthala via Hamjhari, Molviwala, Noorpura, Gulahar, Jogewal, Guru Nanak Pura | 24 | | PR/SGR/E/77 | Sunam-Faterhgarh via Bakhshiwala, Ugra, Ghandua | 21 | | PR/SGR/E/78 | Ahmedgarh-Mallewal via Jandali Kalan, Boure Kalan, Kanganwal, Dhalla Khurd, Bapala | 24.5 | | PR/SGR/E/79 | Dhanaula to Tapa Crossing via Bhaini Jassa, Dhurkot, Rureke Kalan, Mahlan | 24.8 | | PR/SGR/E/80 | Chhappa-Malerkotla via Mithewal, Panj gorayan, Bandeshah, Mehmadpur, Alipur, Landa, Modan | 25 | | PR/SGR/E/81 | Bhadaur-Chack Bridge via Deepgarh, Ramgarh, Tallewal, Bila, Sehlan, Sherian, Chheniwala, Dhandewal | 23 | | PR/SGR/E/82 | Barnala-Rereke via Handiaya, Dholla, Rureke Kalan, Pakhon | 24 | | PR/SGR/E/83 | Tapa-Kalika v/aGhunas, Dholla, Khaneke, Bhaini Jassan | 24 | | PR/SGR/E/84 | Barnala-Badbar via Sekha, Kambarwal, Balliar Bheni | 21 | | PR/SGR/E/85 | Sherpur to Duri via Katron Ghanauri Kalan, Ghanaur Khurd, Daheru, Dhanuri Kalan | 22.4 | | PR/SGR/E/86 | Tapa-Bhila via Dhilwan Mour, Ugoke, Pachon Kachian, Bakhatgarh, Totkan, Tallewal | 25 | | PR/SGR/E/87 | Barnala-Nainewal via Sehna, Pakhon Kachian, Chhema | 22.5 | | PR/SGR/E/88 | Tapa-Talewal via Dhilwan maur, Pakhon, Kachian, | 25 | | PR/SGR/E/89 | Dhilwan-Bamala via Sukhpura, Ugo Jodhpur, Cheema | 22.3 | | PR/SGR/E/90 | Barnala-Sherpur via Sanghera, Karamgarh, Nangal Kheri | 25 | | PR/SGR/E/91 | Malerkotla-Sherpur via Rurka, Bahadurpur, Mubarakpur, Farwahi, Roorgarh, Katron | 25 | | PR/SGR/E/92 | Dhuri-Sherpur via Kakarwal, Bugran, Ranike Mallowal, Allal, Herike, Didargarh Kalabulla | 24.2 | | PR/SGR/E/93 | Bamala-Sehna via Patti Kalan, Sukhpura, Nimwaia rnaur Kothe | 23 | | PR/SGR/E/94 | Barnala-Badbar via Bhaini Mehraj, Barian, Kambarwal, Sekha | 21 | | PR/SGR/E/95 | Tapa-Sahoke via Aspal Kalan, Badra, Dhurkot, R.urekie | 23 | | PR/SGR/E/96 | Sunam-Phalera via Amru Kotla, Jakhepal, Kanakwal | 25 | | PR/SGR/E/97 | Sandhour-Ahmedgarh via Jhaner, Kalyan, Matoli Kalan and Khurd, Mehrana Kalan and Khurd, Dehliz | 25 | | PR/SGR/E/98 | Barnala-Manal via Sangera, Bhadalwad, Wazidke Khurd and Kalan, Fuliwala, Mangewal | 23 | | PR/SGR/E/99 | Bhawanigarh to Dhola via Kakra, Panwa, Chhana, Faizgarh, Chhintawala | 20.6 | | PR/SGR/E/100 | Sekha-Dhuri via Kumbarwal, Dhandiwal, Mullewai, Ranike, Kusra, Chajomajra, Kukarwal | 24.8 | | PR/SGR/E/101 | Tibba-Malerkotla via Ganda, Singhwala, Badesha, Punj Garayan, Guthala, Sikandpura | 25 | | PR/SGR/E/102 | Kothala-Dhuri via Mehmadpur, Alipur, Katron, Changali, Ghanauri Kalan, Jahangir | 25 | | PR/SGR/E/103 | Sherpur-Malerkotla via Katron, Changli, Kaleran, Pharwahi, Faridpur Kalan and Khurd | 25 | | PR/SGR/E/104 | Sehna-Phuli via Nainewal, Sidhu, Kalan, Bailo, Rayian, Singar | 22 | | PR/SGR/E/105 | Sangrur-Ballian via Badrukhan, Bhamabadi, Bahadarpur, Kussa, Kularan, Baini Mehraj | 24.4 | | PR/SGR/E/106 | Dhuri-Sherpur via Brass, Ranike. Mulowal, Alai, Herike Didargarh | 24.2 | | PR/SGR/E/107 | Manal-Malerkotla via Panjgaraian, Guthala, Cheema | 25 | | PR/SGR/E/108 | Sherpur-Mehal Kalan via kheri, Ghehlan, Gumri, Thuliwal | 24 | | PR/SGR/E/109 | Guthala Bus Stand-Admedgarh via Khurd, Sandhour, Jhaner, Dhaler, Kanganwal, Jandali | 21 | | PR/SGR/E/110 | Manal-Barnala via Phuliwal, Ghumadi,Nangal, Karamgarh, Sanghera | 23 | | PR/SGR/E/111 | Manal-Raikot via Tapa, Kurar, Hardaspura, Kutba, Sehbajpura | 25 | | PR/SGR/E/112 | Dhuri-Sherpur via Rajomajra, Badshahpur, Salempur, Ghanauri Khurd, Didargarh, Kalabuhla | 20 | | PR/SGR/E/113 | Sunam-Phulera via Amrukotla, Jakhepal, Kanakwal, Bhaguan | 25 | | PR/SGR/E/114 | Khanauri-Chicharwala via Guru Nanakpura, Kangthala, Taipur, Sagra, Palasor Dera, Beharjuch, Pishore, Kharkan, Beharjach | 24.2 | | PR/SGR/E/115 | Barnala-Kurar via Thikriwala Chochanke, Khurd, Sehajar, Mehal Kalan, Khayali | 24.9 | | PR/SGR/E/116 | Dhuri-Badanwal via Kherru, Bamal, Mubarakpur, Pharwahi, Jhanda | 24.5 | | PR/SGR/E/117 | Sangrur-Meemsan via Naniala, Thalesha, Deh Kalan, Fatehgarh Chhana, Saron, Bhadalwad, Kot Sehari, Jakhal | 24.9 | | PR/SGR/E/118 | Shepur-Dhanoulav/a Jhaloor, Sekha Kattu, Dangarh | 25 | | PR/SGR/E/119 | Bamala-Bihila via Thikriwala. Raidharana, Behai | 24 | | PR/SGR'E/120 | Manal-Raikot via Kurar, Chhapa, Hardaspur Kutba, Shehbajpur | 22 | | PR/SGR/E/121 | Gehlan-Bamala via Bhila, Bihli, Raisar, Thikriwala, Chananwal | 25 | | PR/SGR/E/122 | Sehka-Dhuri via Kumbarwal, Dhandiwal, Mullowal, Rainke, Rajomajra, Kakarwal | 24.4 | | PR/SGR/E/123 | Dhuri-Sakroudi via Dhura, Palasor, Bhalwan, Kheri, Chhana, Gehla | 23.9 | | PR/SGR/E/124 | Sangrur-Bhaini Mehraj, via Badrukhan, Ghamadi, Bahadarpur, Dugan, Bhunra | 25 | | PR/SGR/E/125 | Daulatpur-Malerkotla Moiumajra, Balamgarh, Jati Majra, Dugri, Dalergarh, Himtana, Saddopur | 23 | | PR/SGR/E/126 | Malerkotla-Lohgarh via Khatra, Cheema Khurd, Sandor, Kasba | 25 | | PR/SGR/E/127 | Dhuri-Sekha via Kakarwal, Bugran, Ranike, Mullowal, Dhandiwal, Kumbarwal | 25 | | PR/SGR/E/128 | Manal-Raikot via Sehwazpur, Kutba, Hardaspura, Chhapa, Kurar | 25 | | PR/SGR/E/129 | Bamala-Kalike via Handiaya, Fatehgarh Chhana, Bhaini Jassa | 24 | | PR/SGR/E/130 | Bhadur-Mehal Kalan via Maju Ke, Ramgarh, Chhiniwal route | 25 | | PR/SGR/E/131 | Bahadurpur-Sunam via Chunga, Quila, Bhaika, Ubhawal, Namol | 24.5 | | PR/SGR/E/132 | Dhuri-Sekha via Kakarwal Bugran, Ranike, Mullowal, Rangian, Sultanpur, Jhalur | 25 | | PR/SGR/E/133 | Jakhepal-Lehra via Dolewal, Gandua, Khokhar, Khokhar Khurd and Kalan, Changali wala | 25 | | PR/SGR/E/134 | Bhadaur-Hathur via Ramgarh, Chhiniwal, Khurd, Tallewal Nehar da Pull, Diwane | 24.9 | | PR/SGR/E/135 | Kaiyan-Ahmedgarh via Sandour, Jhaner, Jhaner Khurd, Kanganwal, Jandali | 25 | | PR/SGR/E/136 | Mehal Kalan-Bilaspur via Sohian, Naraingarh, Diwane | 24.5 | | PR/SGR/E/137 | Malerkotla-Sherpur via Katron, Changali, Kalaran, Hathan, Mubrakpur, Faridpur, Kheri, Mandvi | 24.5 | | PR/SGR/E/138 | Bhawanigarh-Dhuran via Kakra, Sakrodi, Gahellan, Channa, Ladi, Bhindra, Palasor, Bhojowali | 24.5 | | PR/SGR/E/139 | Dhuri Railway Station-Alpine School Guru Nanak Colony via Dhura, Palasor, Bhalwan, Kheri, Chhan, Gehla Sakroudi, Kakra | 24.5 | | PR/SGR/E/140 | Barnala-Moom Kalan via Thikriwala, Raisa, Chananwal, Chiniwal | 24.4 | | PR/SGR/E/141 | Dhuri-Bakhtari Pull Sakroudi via Dhura, Palasor, Bhalvvan, Kheri, Chhana, Gehla, Sakroudi, Kakra | 24.2 | | PR/SGR/E/142 | Sangrur-Village Kehar Singh Wala via Badrukha, Bhamdi, Bahadarpur, Dugga, Baba ji di Samad, Dugga, Second Gate SHSL1 | 24.9 | | PR/SGR/E/143 | Barnala-Mehal Kalan via Thikriwala, Chouhanke Khurd, Kalala, Sehjara, Shour | 24.8 | | PR/SGR/E/144 | Manki-Ahmedgarh via Daler Kalan. Sindor, Jhaner Kaganwal, Jandali | 24 | | PR/SGR/E/145 | Lad Banjhara-Lehraw'a Kohrian Bhaike Pishore, Nangla Sekhuwas Ramgarh, Khai | 24.9 | | PR/SGR/E/146 | Barnala-Alike via Khudi, Sukhpura Maur, Dhilwa | 23 | | PR/SGR/E/147 | Bamala-Tolewai via Thikriwala, Naiwala, Kaire, Bakhtgarh, Bhutna | 25 | | PR/SGR/E/148 | Bahadurpur-Dhuri via Natt, Kanjli, Kabjla Punewal, Pedni, Kakarwal | 23 | | PR/SGR/E/149 | Dhuri village-Malerkotla via Daulatpur Main Majra, Balamgarh, Jatimajra, Dugri, Dalelgarh, Himtana, Sadopur, Nodhareani | 24.1 | | PR/SGR/E/150 | Sahoke-Tapa via Aspal Kalan, Badra, Dhurkot, Rureke, Mehta | 25 | | PR/SGR/E/15 | Pakho Kainchian-Pakhoke via Ugoke maur, Dhilwa, Tajoke | 21 | | PR/SGR/E/152 | Raikot to Mehal kalan via Jholan, Lohgarh, Chhapa, Pandori, Mehal, Khurd | 25 | | PR/SGR/E/153 | Kakra-Sangrur via Sakroudi, Gehlan, Rasulpur, Chhana, Kheri, Sangatpura, Ghafdana Laddi, Adlian | 25 | | PR/SGR/E/154 | Mehal Kalan-Raikot via Mehal Khurd, Pandori, Chhapa, Hardaspur, Kutba | 24.9 | | PR/SGR/E/155 | Bamala-Manal via Sanghera, Bhadalwad, Amia Singh wala, Gurm, Gumti, Behman wala, Haimidi route | 24.5 | | PR/SGR/E/156 | Manki-Raikot via Mithewal, Bapla, Daronda singh wala, Kasba, Lohgarh, Johlan, Bhaini,Kalcian, Lahout Badi, Kaliyan, Sandour | 25 | | PR/SGR/E/157 | Bamala-Aspal Kalan via Handiaya, Chhana, Bhaini, Kaleke | 24 | | PR/SGR/E/158 | Ahmedgarh-Mohie via Dhurkot, Jorahan, Phaiewal, Gujarwal, Chamanda, Dhepai | 23 | | PR/SGR/E/159 | Memsa-Malerkotla via Kheri Jattan, Issra, Jaipur, Bambhora, Bhular, Darogewal and Manak Majra | 23.5 | | PR/SGR/E/160 | Dirba-Khai via Rogla, Kamper, Rogla, Korian, Bhaiki Pishore, Shekhuwas, Ramgarh | 25 | | PR/SGR/E/161 | Ahmedgarh-Dasounda Singhwala via Choura Bazar, Gandhi Chowk, Bhagat Singh But, Old Mandi, Dehliz, Mehrana Khurd and Kalan,Mohali Khurd and Kalan, Jalwana, Kalyan Kasba | 23 | | PR/SGR/E/162 | Bhadaur-Dhepali via Nainewal, Phalwal, Sandhu Khurd, Handa, Banna | 23.5 | | PR/SGR/E/163 | Sherpur-Mehal Kalan via Kheri, Bhagwanpura, Gumti, Thuliwai, Mangewal, Khiali | 24 | | PR/SGR/E/164 | Barnala-Dhaner via Thikriwala, Chouhanke Kalan, Chhiniwal, Moom, Dhaner | 24.7 | | PR/SGR/E/165 | Patti Veer Singh-Tapa via Nainewal Sandhu Kalan, Balloke, Rayia, Jaimal Singh wala, Alike, Raia | 21.2 | | PR/SGR/E/166 | Sadour-Ahmedgarh via Jhaner, Bishangarh, Phurwali, Kalyan, Mohali Khurd and Kalan, Mehrana Kalan | 24 | | PR/SGR/E/167 | Dhuri-Bhattian via Bararwal, Dhandra, Sherpur Sodian, Meemsa, Cheema, Bhari | 25 | | PR/SGR/E 168 | Bamala-Bihla via Thikriwala Raisar, 6" .nanwalBihli | 24 | | PR/SGR/E169 | Patti Veer Singh-Bamala via Karre, Chunga, Badatte, Sukhpura Maur, Ugoke, Jodhpur, Cheema | 24.5 | | PR/SGR/E/170 | Bararwal to Ahmedgarh via Dhandran, Sherpur, Meemsa, cheema, Brig, Badogarh, Daulatpur | 25 | | PR/SGR/E/171 | Rampura-Aklia via Ghareli, Gharela, Ballo, Jaid, Choke, Rarh | 24.8 | | PR/SGR/E 172 | Malerkotla-Dhamot via Sarod, Daud, Dudal, Uksi, Daulatpur, Rehon Ucha, Niwa, Lasra | 25 | | PR/SGR/E 173 | Bamala-Sherpur via Sanghera, Bhadalwad, Amla Singh wala, Himidi, Gurm, Ghumati, Bhagwanpura | 24.8 | | PR/SGR/E 174 | Bhawanigarh- Sulargharat via Rampura, Retgarh, Kapeyal, Ghanaur Sahib, Akbarpur, Bijalpur Gujran | 24 | | PR/SGR/E 175 | Balrana-Baretta via Bakhora Kalan. Gurne Kalan, Alampur, Khudal, Akbarpur | 24 | | PR/SGR/E 176 | Cheema- Arkwas via Jakhepal, Dolewala, Gandua, Khokhar Khurd and Kalan, changali wala | 25 | | PR/SGR/E 177 | Sherpur-Dhuri via Katro, Changali, Kaleran, Ghanaur Kalan and Khurd, Bamal, Kaheru | 24 | | PR/SGR/E 178 | Lehra Gagga-Bushera via Lehal Khurd, Bhathal Kalan, Rajanheri | 23.7 | | PR/SGR/E/179 | Khanauri-Bhulan waChathe Raiber, Pipaltheh, Bhai Tek Singh, Guldi, Thaska | 25 | | PR/SGR/E/180 | Barnala-Sherpur via Sekha, Jhalur, Bajv/a | 25 | | PR/SGR/E/181 | Sherpur-Malerkotla via Katro, Changli, Kularan, Hatan, Burji Nodhareyani | 25 | | PR/SGR/E/182 | Sherpur-Barnala via Bajwa Kheri Khurd, Thuliwal, Karamgarh, Sangera | 24.3 | | PR/SGR/E/183 | Sherpur-Dhanaula via Jaloor, Sekha, Upli, Daungarh | 25 | | PR/SGR/E/184 | Tibba-Dhuri via Bhari, Sherpur, Katro, Ghanauri, Jahangir | 24.8 | | PR/SGR/E/185 | Dhuri-Sherpur via Dudargarh, Harike, Rajomajra, Badshahpur, Salempur, Guanauri Khurd, Didargarh | 24.5 | | PR/SGR/E/186 | Khanauri-Bhullan v/nChathe, Kharor, Daska, Balori | 22 | | PR/SGR/E/187 | Sehna-Tapa via Nanewal, Sandhu Kalan, Rayia, Alike | 24 | | PR/SGR/E/188 | Cheema-Semao Adda via Amru Kotla, Hero Khurd, Khiwa, Hodla, Mohar Singh Wala | 24.9 | | PR/SGR/E/189 | Ahmedgarh -Sidh Sir sihora via Pohir, Jagera, Kular, Sihar, Dhol majra Kalan and Khurd, Lehal | 25 | | PR/SGR/E/190 | Sangrur-Chhajli WaKamomajra Kalan and Khurd | 25 | | PR/SGR/E/3 91 | Sangrur-Kakra via Sakrodi, Gehla, Rasulpur, Chhana, Kheri, Sangatpur, Ghawda, Bhinder, Balian | 24.5 | | PR/SGR/E/192 | Malerkotla-Rara Sahib via Saraod, Daoud, Dudal, Ber, Lehal, Jirag, Bhikhi | 24.5 | | PR/SGR/E/193 | Lehra to Dhodra via Gagga, Ladal, Ratakehra | 24.5 | | PR/SGR/E/194 | Tapa-Nainewal v/aDaraj, Alike, Jaimal Singh wala, Sandhu Kalan | 23 | | PR'SGR/E/195 | Batriyana-Sunam via Sangeri, Akbarpur, Nagri, Nagra, Mehal Chowk | 24.9 | | PR/SGR/E/196 | Barnala-Gehalan via Thikriwala, Raisar, Chananwal | 24 | | PR/SGR/E/197 | Tapa-Patti Veer Singh via Daraj Alike, Jaimal Singh wala, Sandhu Kalan, Nainawal | 17 | | PR/SGR/E/198 | Bamala-Balloke via Jodhpur, Nimwala Kothe, Tarantarn, Shekhupura, Maur (Patiala) , Maur (Nabha) | 19.2 | | PR/SGR/E/199 | Khanauri Khurd-Moonak via Chathe, Gobindpura, Karonda, Galheri, Thaska, Bhulan, Hamirgarh, Surjan Bhaini | 25 | | PR/SGR/E/200 | Malerkotla-Rarasahib via Saroud, Daud, Dudgal, Mallaud, Lehal Jirg | 25 | | PR/SGR/E/201 | Malerkotla-Bapla via Hakimpu, Dhadewara, Hussainpur, Shekhupura Khurd and Kalan, Abdulapur, Kanapur, Shergarh Cheema | 24.7 | | PR/SGR/E/202 | Sandaur-Ahmedgarh via Kalyan, Mohi Khurd and Kalan Mehrana Kalan and Khurd, Dehliz Kalan and Khurd, Chhana | 25 | | PR/SGR/E/203 | Lassoi-Ahmedgarh via Uksi, Dudal, Nawan Pind Adda, Rorian, Ramgarh Sardara, Nathu Majra, Akbarpur, Chhana, Jagera, Pohir | 24.8 | | PR/SGR/E/204 | Malerkotala to Jodepull via Jabbomajra Rurki Khurd, Bullapur, Larikae | 24 | | PR/SGR/E/205 | Bhawanigarh-Chhoti Khanal via Baley al, Bhattiwal, Naraingarh, Kahangarh, Bassiark, Dialgarh, Khanal Kalan | 19 | | PR/SGR/E/206 | Ahmedgarh-Dasaundha Singh wala via Chhapar, Rasin, Bhampur, Lohat Badi, Jalwana, Kasba | 23 | | PR/SGR/E/207 | Dhuri-Bagrian via Bararwal, Dhandran, Sherpur Adda Meemsa, Cheema, Bhari, Togaheri, Bhatian, Sagra, Gaga Majra | 23.2 | | PR/SGR/E/208 | Sangrur-Bassiarkh via Iealwal, Gaganpur, Rajna, Nagra, Akbarpur, Bijalpur | 24 | | PR/SGR/E/209 | Bhadaur-Mehal Kalan via Deepgarh, Ramgarh, Talewal, Bihli, Bhilli, Chananwal | 24.9 | | PR/SGR/E/210 | Moranwali-Malerkotla via Chhokran, Dalanwal, Badesha, Khanpur | 18.4 | | PR/SGR/E/211 | Bahadurpur-Dhuri via Kanjali, Kanjala, Punewal, Pedni, Kakarwal | 25 | | PR/SGR/E/212 | Sehna Baba Phalgu Ram Dera to Mehal Kalan via Jhunga, Bhutne, Raisar, Chananwal, Chhiniwal | 24.8 | | PRSGR/E/213 | Sangrur-Naraingarh via Khurana, Khurani, Balwar Kalan, Jhaneri, Kapeyal, Ramgarh | 24.5 | | PRSGR/E/214 | Ahmedgarh-Dasaundha singhwala via Chhapar, Rasik, Behrampur, Lohat Badi, Jalwanu, Kasba | 23 | | PR/SGR/E/215 | Samauo to Dhanuala via Sehjra, Kheewa, Dyalgarh, Dhadrian, Mander Khurd, Buggar | 24.2 | | PR/SGR/E/216 | Melerkotla-Sandaurvio Sherwani Kot, Sikandarpura, Kothala Khurd, Dulwan, Sandor | 25 | | PR/SGR/E/217 | Bhawanigarh-Dhuri Pind via Kakra, Sakrodi, Gehlan, Nangarh Chhana, Bhunerheri, Bhojewali, Dhura | 25 . | | PR/SGR/E/218 | Dirba-Rampura GT Road via Khanal, Gujran Mour, Bijalpur, Bassiark, Akbarpur, Talkanaur, Kapeyal, Retgarh, Rampura | 24.9 | | PR/SGR/E/219 | Tapa-Sehna via Dhilwan, Mauran, Shekhpura, Upoke, Pakho Kaichian | 23 | | PR/SGR/E/220 | Dhuri Rly Station Bhalwan Adda-Alpine College Mour Guru Nanak Coloney via Dhura, Bhojowali, Palasor, Bhalwan, Kheri, Rasulpur Chhana, Gehla, Sakrodi Kakra | 25 | | PR/SGR/E/221 | Mehal Kalan-Raikot via Kirpal singh wala, Kalal Majra, Dhadahoor, Gobindgarh, Rajgarh | 24 | | PR/SGR/E/222 | Lehragaga-Kaimper via khai, Khandebad, Ghorenab, Rorewal. Kohrian | 25 | | PR/SGR/E/223 | Jaurepul-Nahba via Dhiromajra, Bhumsi, Jalalgarh, C-honda, Raipur, Alipur, Rampur Chhana, Sohali Bagrian | 25 | | PR/SGR/E/224 | Dhuri Pind Guru Teg Bahadur Nagar- Sangrur via Kakarwal, Pedni, Punewal, Kanjla, Lidran, Changal, Andheri | 22.8 | | PR/SGR/E/225 | Bamala-Chhiniwal Kalan via Moom, Thikriwala, Raisar, Chananwal | 21 | | PR/SGR/E/226 | Malerkotla-khalil pattiv/a Sherwani Kot, Sikanderpura Kothaia, Fetehgarh, Panjgarayian, Gurbaxpura, Gandewal, Bhari | 20.5 | | PR/SGR/E/227 | Ahmedgarh-Jodhan via Ghungrana, Jartouli, Mehma singhwala, Lohgarh Chowk, Mehma Singhwala chowk, Naragwal | 24 | | PR/SGR/E/228 | Khalil Patto-Malerkotla via Panjgarayian, Kothala, Sikandepur, Sherwani Kot, Bari, Tibba, Gandewal | 24.9 | | PR/SGR/E/229 | Malerkotla-Panj Garaian via Kailon, Takhar Khurd and kalan, Bhudan, Jhande, Alipur, Mehmadpur, Badeshe | 24 | | PR/SGR/E/230 | Tapa-Patti Bir Singh via Nainewal, Sandhu Kalan Balloke, Rayia, Alike | 24.5 | | PR/SGR/E/231 | Sangrur-Sherpur via Hareri Changal, Kanjala, Hassanpur, Dhandiwal, Mullowal, Alai, Didargarh | 24.8 | | PR/SGR/E/232 | Dhuri-Bahadurpur via Kakarwal, Pedni, Punawal, Kanjla, Kanjili, Natt | 21.6 | | PR/SGR/E/233 | Barnala-Moomvia Thikriwala, Raisar, Chananwal, Chhiniwal Kalan | 22 | | PR/SGR/E/234 | Sunam-Upli via Lakhmirwala, Bharur, Chathe | 18.9 | | PR/SGR/E/235 | Bamala-Sherpur via Sanghera, Jhalur, Kheri Khurd, Bajwa, Maur, Kalabula | 24.8 | | PR/SGR/E/236 | Keharsingh wala-Sangrur via SLIET Kunra, Dugan, Bahdarpur, Bhamadi, Badrukhana | 25 | | PR/SGR/E/237 | Sangrur to Mamsa via Nankiana Sahib, Gaga Singh wala, Julmgarh, Dehkalan, Chana Saron, Bhojowali, Bhadalwad, Bhularheri, Kolseri, Jakhlan | 24.5 | | PR/SGRE/238 | Khanairi to Bhulan via Chathe, Rewar, Dhabitek Singh Wala Dhaska | 24.3 | | PR/SGR/E/239 | Mehalkalan to Sherpur via Kurar, Manal, Tibba, Bhari, Chhapa | 24 | | | Fatehgarh Sahib | | | PR/FGS/E/1 | Badsiana-Sirhind via Majri, Sahiwal, Tohra, Sohagheri, Sidhwan, Majri, Sodhian, Kliojemajra, Sahnipur | 24 | | PR/FGS/E/2 | Amloh-Buga via Nurpura, Bhatto, Waraichan, Reyewal, Tibbi | 25 | | PR/FGS/E/3 | Bhadson-Sirhind via Dakonda, Shahpur Adda, Charnarthal Kalan and Khurd, Sangatpura Bhohe Majra, Sanipur | 24 | | PR/FGS/E/4 | Sirhind G.T.Road to Bhojian, via Chanalo Mandore, Sonda head, Malikpur, Bhamarsi Uchi | 21.5 | | PR/FGS/E/5 | Sirhind-Ramgarh via Sahnipur, Khoje majra, Sohagheri, Jindalpur | 25 | | PR/FGS/E/6 | Amloh-Jourepull via Bhaini, Bhandori, ChhannaTibbi, Malowal, Bugga, Chobdaran, Dhanda Baddam Kotli, Saheri | 25 | | PR/EGS/E/7 | Amloh-Pallia Kalan via Haripur, Bhulla, Noorpur, Alipur | 23.5 | | PR/FGS/E/8 | Fategarhsahib-Alauna, via Talania, Ferozpur, Udaipur, Salarmajra, Bhadia | 24.7 | | PR/FGS/E/9 | Sirhind-Sound via Tarkhan majra, Bhamarsi, Builand, Gurdhanpur, Naraingarh, Sonti | 25 | | PR/FGS/E/10 | Sirhind-Rampur via Pear Jain Adda, Balheri Kalan, Danghrian, Kotla, Raipur, Ghumandgarh, Behar Rallon | 23.2 | | PR/FGS/E/11 | Sirhind-Bhagrana v/aBadali, Timberpur Adda, Brass Kheri, Khera, Hansali, Boran, Dhirpur | 25 | | PR/FGS/E/12 | Sirhind GT Road-Bhadson via Sahnipur, Khojemajra, Sangatpura, Kharre, Bhandrali, Chanarthal khurd and Kalan, Tohra, Sahiwal Ghumal majri | 24.8 | | PR/FGS/E/13 | G.T. Road Sirhind to Bhadson, via Main road, Tarkhanmajra, Malko majra Adda, Sounda, Jaila, Bhannarsi, Ranghera khurad Tarkheri, Jindal Adda, Kone kaian, Behbaipur, Bhadson mour | 24 | | PR/FGS/E/14 | GT Road, Sirhind-Sehra, via Madhopur Chowk, Sidhuwal Adda, Adampur, Kharaura, chorwala, Rurki, Adda and G.T. road, Nalini, Mullepur, Sainphalpur, Mehmadipur, Tehalpur Adda, Sehri | 24 | | PR/FGS/E/15 | Bassi Pathana-Chuni Kalan via Shaheed Garh, Fatehgarh Rayian, Mehmudpur, Ghamandgarh, Nandpur Kalor, Kheri chowk | 23.1 | | PR/FGS/E/16 | Jourepul-Amloh via Bharthala, Malikpur, Kapurgarh, Buga, Mallewal, Tibba, Rattewal, Waraichan. Batho, Nurpura | 23.8 | | PR/FGS/E/17 | Bharmarsi-khanna via Uchi Bhamarsi, Niwi Bharmarsi. Mandian, Badali, Jalalpur, Ladpura, Bulepur, Galwadi | 24 | | PR/FGS/E/18 | Badali Ala Singh-Morinda via Nandpur Kalor, Lehal, Kasumbri, Rupalheri, Mainnagra, Anandpur Kalor, Lular, Badwara, Nilarwal, Badwali, Kalheri Ludhiana | 25 | | | Ludhiana | | | PR/LDH/E/1 | Sidhwan Bet-Swadi Kalan via Leelan, Rasulpur Barsal, virk | 18 | | PR/LDH/E/2 | Samrala-Rala Singh Colony via Ghulal, Bijlipur, Lalton, Khera, Araichan | 25 | | PR/LDH/E/3 | Halwara-Boparai Khurd via Silana, Rajoana Khurd, Rajoana Kalan, Talw'andi Rai, Siloani, Bassian, Rajgarh | 21 | | PR/LDH/E/4 | Sidhwan Bet-Purain via Bhundri, Goranoor, Leel, Bharowai Khurd. | 19 | | PR/LDH/E/5 | Khanna-Jargari via Ikolaha, Naraingarh, Rajewal, Rahono Kalan, Rahono Khurd, Nasrali, Jandali | 24 | | PR/L.DH/E/6 | Khanna-Lehar Majra via Ramgarh, Kotla, Ajnaur, Sahitpura, Fatehgarh, Islampur | 15 | | PR/LDH/E/7 | Ludhiana-Charwal via Basant Bahar, Noorwala, Sujatwala, Kanjar | 20 | | PR/LDH/E/8 | Khanna-Aluna v/aRasulpur, Ikolaha, Ikolahi, Chakohi, Gharela, Cheema, Karodian | 21 | | PR/LDH/E/9 | Ludhiana-Gujarwal via Phullanwal, Deel, Lalton, Mansuran, Jodhan, Dhaipai, Chaminda, Ashwal | 25 | | PR/LDH/E/10 | Sidhwan Bet-Purain via Bhundri, Boornoor, Leel, Bharowai Khurd | 19 | | PR/LDH/E/11 | Ramgarh Sardaran-Gujjarwal via Sherian Majra, Pandtan Kheri, Siarh, Rurki, Dehlon, Quiia Raipur, Assi, Narangwal | 25 | | PR/LDH/E/12 | Machhiwara-Nanowal via Rattipur, Sehjowal, Pound Pull | 22 | | PR/LDH/FV13 | Jagraon-Bhundri via Malakpur, Chimna, Bujgar, Sangatpura, Gorisian, Makhan, Khudaichak, Kotmaan | 22 | | PR/LDH/F714 | Machhiwara-Chak Lohat via Mohadipur, Tanda, Ganeshgarh, Sherian, Kiyatpur, Haibowal, Sikanderpur, Machhiwara, Gharela, Takhatpura, Sherpur | 20 | | PR/LDH/E/15 | Doraha Railway Station-Jaspal Bangar via Canal Bridge, Ajnod, Dugri, Umedpur, Tibba, Nutt, Hamampura | 25 | | PR/LDH/E/16 | Sahnewal-Rarasahib via Jagar, Khanpur, Dangora, Sarinh, Jarkar, Ghabadi, Bhutta Kartari | 24 | | PR/LDH/E/17 | Jagraon-Galib Kalan via Kothe Jang. Sherpur Kalan, Sherpur Khurd, Seikh Daulat, Gaiib Khurd | 18 | | PR/LDH/E/18 | Khanna-Machhiwara Bus Stand via Partapgarh Panjota, Ram Bet, Sangowal, Tokhran, Rakh, Bhattian, Hayatpura, Hadiana | 23 | | PR/LDH/E/19 | Dehlon-Rarasahib v/aRurka, Bhatari, Siar, Dhoul Majra, Lehal, Bhikhi | 22 | | PR/LDH/E/20 | Jagraon-Swadi Kalan via Ramgarh, Kalsian Bhai, Bujgar, Barsal, Sangatpura, Dodar | 24 | | PR/I,DH/E/21 | Muilanpur-Gujarwai via Dakha, Janghpur, Rodkan, Khandur, Jodhan, Nanaksar Gurdwara, Dhaipai, Chamida | 24 | | PR/LDH/E/22 | Samrala-Khalsa Chhapar School via Dyalpura, Kotla, Gujral | 23.2 | | PR/LDH/E/23 | Sudhar-Kila Raipur via Saholi, Ghuman, Mohi, Khandur, Jodhan, Narangwal, Assi Kalan | 25 | | PR/LDH/E/24 | Muilanpur-Bhaini Arian via Dhat, Mor Kariman, Talwandi Kalan, Talwandi Khurd, Leehan, Gahur, Sabadi, Bharowai | 24.3 | | PR/LDH/E/25 | Mulianpur-Bhatha Thuha via Dhat, Mour Kariman, Talwandi Kalan. Sawadi, Bherowal Kalan, Bhundri | 17.5 | | PR/LDH/E/26 | Muilanpur-Daud via Jangpur, Mohi, Dehbhai, Gurdwara Jodhan, Mansuhan, Lalto Kalan | 23.4 | | PR/LDH/E/27 | Jagraon-Barundi via Rauwal Malakpur, Chitnna, Bujhgar, Sangatpura, Ghorsian Khan, Ghotmal | 22.5 | | PR/LDH/E/28 | Sudhar-Dhelon via Ghuman, Saholi, Mohi, Khundur, Jodhan, Narangwal, Assikalan, Qila Raipur | 25 | | PR/LDH/E/29 | Phaddi Bus Stand to Dharour Octori Post Madhmarg Gate (Sahnewal) | 25 | | PR/LDH/E/30 | Ludhiana-Hambran via Birmi, Jamat, Aiiali Kalan | 23.5 | | PR/LDH/E/31 | Samrala-Doraha Village viaLadran, Ghulal Khaira, Mehdudan, Mallikpur, Araichan | 24.8 | | PR/LDH/E/32 | Ludhiana-Rarasahib via Aiamgir Gurdwara, Dager, Khanpur, Gidri, Jahangir | 25 | | PR/LDH/E/33 . | Sidhwan Bet-Gaiib Kalan v/aGidarwindi, Malsian, Jaidpur, Ramgarh, Swadi, Jagraon, | 25 | | PR/LDH/E/34 | Samrala-Bhatian via Dehru, Shamshpur, Nagra, Dhindsa, Dappar, Libra | 25 | | PR/LDH/E/3 5 | Ludhiana-Ayali Kalan via Badewal, Fatehpur, Ayali Khurd | 22.6 | | PR/LDH/E/36 | Ludhiana-Hambran via Barewal, Fatehpur, Ayali Khurd, Ayali Kalan, Birmi, Phagla, Salempur | 25 | | PR/LDH/E/37 | Sudhar-Jagraon via Janiwal, Sohian, Gagra | 22 | | PR/LDH/E/3 8 | Doraha-Sehora via Rara Sahib. Bhikhi, Leerakh Leel, Kohli | 24.5 | | PR/LDH/E/39 | Jagraon-Sudhar via Hatiana, Gagra Maur, (Gagra, Mirpur. Jhari, Hans Kalan, Surjitpura | 25 | | PR/LDH/E/40 | Sudhar-Ahmedgarh via Ghuman, Sohali, Rattuwal, Tossa, Leelan, Phokhowal, Nangal Khurd, Hallewal. Jodhan, Dhorkot | 24 | | PR/LDH/E/41 | Dehlon-Ludhiana via Dulle, Jassowal, Kain, Chupki, Kheri, Dhandra | 15 | | PR/LDH/E/42 | Samrala-Bassi Gujran via Kotla, Shamshpur, Kaleran, Kotla Khurd, Kakrala, Nanowal Khurd, Nanowal Kalan, Chandarala, Raipur, Shamshpur | 22 | | PR/LDH/E/43 | Jagraon-Sudhar Bazar via Dhandran, Plans Kalan, Sozapur, Heeran, Atiana, Sudhar Village | 23 | | PR/I.DH/E/44 | Jagraon-Sudhar via Attiana, Kotla Panwan, Gagra, Manpur, Baradke, Chachrali, Hansa, Sojapur | 25 | | PR/LDH/E/45 | Khanna-Buga via Galwadi, Farzulapur, Shamshpur, Bahupur | 24.4 | | PR/LDH/E/46 | Jagraon-Kishanpura via Sidhwan Bet, Patti Multani, Tihara, Gidarwindi, Abupura | 25 | | PR/LDH/E/47 | Kanjari-Khanna via Salana, Ghutind, Raipur | 22.5 | | PR'LDH/E/48 | Khanna-Bugga via Shamshpur, Farzulapur, Himmatgarh, Kanjhari, Bharpurgarh, Kapoorgarh | 23.3 | | PR/LDH/E/49 | Kanjari-Khanna via Ladpur, Samashpur, Khasian, Chahlan, Raipur, Gutind, Salana | 22.5 | | PR/LDH/E/50 | Muilanpur-Malerkotla via Jorepul, Bhurthala, Mander, Dullapur, Narike | 2.5 | | PR/LDH/E/51 | Hathur-Badhete via Kalala, Machhike, Himatpur, Majhuke, Bhadaur | 25 | | PR/LDH/E/52 | Jagraon-Dhanawala via Sherpur, Sherpur Khurd, Seikh Daulat, Galib Khurd, Ran Singh Galib, Talwandi | 25 | | PR/LDH/E/53 | Samrala-Mangat via Bhagwanpura, Madhpur Lopo, Chak Di Thuhi, Chak, Jattana, Begowal | 18 | | PR/LDH/E/54 | Khanna-Dhamaut via Ikolaha, Rajgarh, Issru, Tola Ana, Miana, Pal la | 25 | | PR/LDH/F/55 | Kohara-Machhiwara via Paratpgarh, Ram Bet, Manjeta, Sangowal, Tapran, Rakh Punia, Hiyatpura | 23 | | PR/LDH/E/56 | Jagraon-Gorsian Khan Mohmad via Leelan, Sidhwan Bet, Kiri, Madanpura, Baini, Seikh | 25 | | PR/LDH/E/57 | Dehlon-Dakha via Qila Raipur, Assikalan, Mahima Singh wala, Narangwal, Pamal, Pamali, Hassanpur | 24.9 | | PR/LDH/E/58 | Behrampur Bet-Samrala via Mehot, Behlolpur, Jhar Sahib, Berma, Todarpur, Sihala, Gehlewal | 24 | | PR/LDH/E/59 | Bassian to Raikot via Jhoraran, Acharwal, Pherorai, Saddowal, Hathur, Rama, Macchike | 24.1 | | PR/LDH/E/60 | Jagraon-Kishanpura via Amargarh Kaler, Galibkalan, Ran Singh Ke, Talwandi, Danuwala | 25 | | PR/LDH/E/61 | Manimajra-Machhiwara via Jatan, Hafizabad Behram bet | 24 | | PR/LDH/E/62 | Ludhiana Bus Stand-Tibba via Campa Cola Chowk, Gill, Sanghowal, Jaspal Bangar, Karnarnpura, Natt | 24 | | PR/LDH/E/63 | Local Bus Stand Ludhian-Kohara via Subhani Building, CMC Gate, Bindra Market, Shingar Cinema, Samrala Chowk, Tajpur Jail, Sugar Mill, Agro Industry | 24.9 | | PR/LDFI/E/64 | Ludhiana-Bus Stand-Hambran via Session Court Chowk, Old DMC, Rajpura Road, Radha Swami Satsanj Ghar, Partap Singh Wala, Maiakpur, Noorpur Bet | 25 | | PR/LDH/E/65 | Pangarian-Fatehgarh, Raikot via Bapia, Dasonda Singh Wala, Kasba, kalsian | 24.5 | | PR/LDH/E/66 | Jagraon-Gorsian Khan Mohd via Ramgarh, Bhullar, Seikh | 25 | | PR/LDH/E/67 | Kohara-Sahnewal Chowk via Bhagpur, Karor, Koomkalan, Ratangarh, Boothgarh. Fatehgarh, Kalsan, Ghumana | 25 | | PR/LDH/E/68 | Ludhiana-Alliwal, via Session Court Chowk, DMC Old, DMC New, Malikpur, Nurpur bet, Hambran | 25 | | PR/LDH/E/69 | Sudhar-Jagraon via Jugal, Jassowal, Kular, Pabbian, Sohian | 24.4 | | PR/LDH/E/70 | Dehlon-Pakhowal via Mahima Singh Wala, Gujharwal, Hallewal, Mujhal Kalan, Qila Raipur, Assi Kalan | 25 | | PR/LDH/E/71 | Samrala-Irak via Baliian, Gari, Punnian,Takhran, Bhama Kalan | 20 | | PR/LDH/E/72 | Mehal Kalan-Raikot via Mehal Khurd, Pandori, Kasba, Chhapa, Dasonda Singh Wala, Lohgarh | 25 | | PR/LDH/E/73 | Kohara-Gurugarh via Sheriyan, Shanewal, Bhama Khurd, Hayatpur, Koom Kalan | 22.5 | | PR/LDH/E/74 | Machhiwara-Karor via Rakh, Bhama Kalan, Bhama Khurd, Mallewal, Koom, Ghumat | 24 | | PR/LDH/E/75 | Ludhiana-Rarasahib via Khanpur Ghabdi, Bhuta, Katari | 24.8 | | PR/LDH/E/76 | Ludhiana-Jodhan via Kheri, Jhameri, Dullon | 25 | | PR/LDH/E/77 | Panigaraian-Raikot via Beheni, Logarh, Kasba | 24.5 | | PR/LDH/E/78 | Panjgaraian-Fatehgarh-Raikot via Dasonda Singh Wala Rakba, Halwara | 24.8 | | PR/LDH/E/79 | Ludhiana-Gujarwal via Lalton, Dad, Jodhan | 23 | | PR/LDH/E/80 | Jagraon-Bundewal via Leelan, Bhamipura, Sidhwa Bet, Bhaini Rayian, Akkurwal | 23.4 | | PR/LDH/E/81 | Mehal Kalan-Raikot via Ni'nal Wala Bassian, Kutba | 25 | | PR/LDI I/E/82 | Ludhiana-Jamalpur Bhaini via Purani Sabji Mandi, Jallandhar Byepass Bhatian Bahadur Ke | 21 | | PR/LDH/E/83 | Ludhiana-Gounspura via BN Chowk, Session Court Chowk, Haibowal, Chuharpur, Laddowal, Kuthewal | 24 | | PR/LDH/E/84 | Ludhiana-Salempura via Chuharpur, Noorpur Bet, Gosnpura | 23 | | PR/LDH/E/85 | Ludhiana-Mangat via Gill Chowk, Samrala Chowk, Basti Jogewal Chowk etc. | 24 | | PR/LDH/E/86 | Mattewala-Ludhiana via Mangli. Buthgarh, Meharwan Basti | 24 | | PR/LDH/E/87 | Hambran-Ludhiana via Fagia, Birmi, Habowal, DMC, Old Courts, Bharat Nagar Chowk | 22 | | PR/LDH/E/88 | Rattangarh-Sahnewal via Koom Lakhowal, Kohara | 22.5 | | PR/LDH/E/89 | Muilanpur-Bhundari via Kalipur, Waraichan, Chak, Changa, Bhattain, Hambra, Balipur, Manyianwal, Aliwal | 24 | | PR/L.DH/E/90 | Gurdwara Manji Sahib-Samrala via Bija Adda, Borla, Bajheri | 21.6 | | PR/LDH/E/91 | Ludhiana-Hambran via Session Court, Old DMC, Rajpura Road, Partap Singh Wala, Birmi | 22 | | PR/LDH/E/92 | Ludhiana-Nandpur via Campa Cola Chowk, Gill Nehrpul, Lohara Bridge, Bullara School, Sanghowal, Jaspal Bangar Natt, Tibba | 25 | | PR/LDH/E/93 | Samrala-IJcha Pind via Ranwa Adda, Khamano Pind, Bhadshan, Manela, Dhanola, Nanowal, KakralaKalan, Hadon, Kotla, Sarsgoi | 25 | | PR/LDH/E/94 | Rurki Kalan-Payal via Lasoi, Uski, Dudhal, Niwi Rabbon, Unchi Rabbon, Lasara | 24.5 | | PR/LDH/E/95 | jagraon-Kishanpura via Leelan, Sidwa Bet, AbupuraMour, Gidarwindi | 24.4 | | PR/LDH/E/96 | Local Bus Stand Ludhiana-Jassowal via BN Chowk, New Bus Stand, Urban Estate, Kheri Bhila | 25 | | PR/LDH/E/97 | Ludhiana Bus Stand to Machhian via Ghanta Ghar, Sabzi Mandi, Bye-pass, Basti Jodewal | 25 | | PR/LDH/E/98 | Local Bus Stand Ludhiana-Dhaipai via Bharat Nagar Chowk, New Bus Stand, Bhai Bala Chowk, Sarabha Nagar, Phulewal, Daud, Lalton, Jodhan | 23 | | PR/LDH/E/99 | Abuwal-Ludhiana via Sarabha, Dehpai Pul, Jodhan, Mansuhan. Lalton Daud | 25 | | PR/LDH/E/100 | Abuwal-Ludhiana via Sohali, Mohi, Khadur | 24.9 | | PR/LDH/E/101 | Ludhiana Bus Stand-Noorpur Khaira via Ghanta Ghar Chowk, Chuharpur, Ladian | 25 | | PR/LDH/E/102 | Local Bus Stand Ludhiana-Dakha via Gurdev Nagar, Malhar Road, RS Nagar, Sunet, Railway Phatak, Tharikka Chungi, Jhande, Bhadowal, Pamal, Hassanpur, Bhanur | 25 | | PR/LDH/E/103 | Local Bus Stand Ludhiana-Kohara via Jamalpur Colony, Mundiyan, Jhabewal, Sahibana, Budhewal, Lakkho, Bhadowal, Mehlon | 25 | | PR/LDH/E/104 | Local Bus Stand Ludhiana-Dhai Pai via B. N. Chowk, Bus Stand, Bhai Bala Chowk, Sarabha Nagar, Phallewal, Daud, Lalton, Jodhan | 23 | | PR/LDH/E/105 | Ludhiana-Dehlon via Dugri, Dhandra, Kheri Jhameri, Quila, Raipur | 25.1 | | PR/LDH/E/106 | Local Bus Stand Ludhiana-Kohara via Tajpur, Dhansu, Budewal, Paharwal, Mehlon, Lakhowal | 25 | | PR/LDH/E/107 | Ludhiana-Muilanpur Dakha via Milk Plant, Sanet Adda, Agar Nagar, Mansura, Pamal, Dakha | 23.5 | | PR/LDH/E/108 | Mehma Singh-Ludhiana via Narangwal, Jodhan, Masura | 22 | | PR/LDH/E/109 | Gujarwal-Ludhiana via Ballowal, Daud, Session Chowk | 25 | | PR/LDH/E/110 | Sudhar-Pakhowal via Ghuman, Saheri, Abuwal | 23.5 | | PR/LDH/E/111 | Jagraon-Nathowal via Rummi, Kamaipur, Lamejattpura, Jhorara, Pheru Rain | 24.9 | | PR/LDH/E/112 | Khanna-Ucha Pind Sangol via Lalheri, Bhari, Kheri, Naud Singh, Harangana | 24 | | PR/LDH/E/113 | Local Bus Stand Ludhiana-Sahibana via Samrala Chowk, Jamalpur, Mandiani, Jhampur | 25 | | PR/LDH/E/114 | Raikot-Sudhar via Tajpur, Burj Kalala, Pakhowal, Leelan, Rattowal | 24 | | PR/LDH/E/115 | Raikot-Sudhar Adda via Talwandi Rai, Hiran, Sudhar | 24 | | PR/LDH/E/116 | Khanna-Baigowal via Chak, Jatana, Rupalon Chawa | 25 | | PR/LDH/E/117 | Gujarwal-Ludhiana via B. N. Chowk, Session Chowk, Phallewal | 25 | | PR/LDH/E/118 | Muilanpur-Kotman via Talwandi Khurd, Talwandi Kalan | 24.2 | | PR/LDH/E/119 | Khanna-Bhamarshi Uchi via Galwadi Kounpur, Landpur, Thua, Jalalpur | 24 | | PR/LDH/E/120 | Jagraon-Sidhwan Bet via Sherpur Kalan and Khurd, Seikh, Daulatpur | 25 | | PR/LDH/E/121 | Samrala-Bija via Chawa, Ajlaud, Shamshpur | 16 | | PR/LDH/E/122 | Khanna to Bhadeshan Kalan-via Lalheri, Manopur, Goslan, Chari, Bhutta, Khitriwala, Bhamdi, Bilaspur | 25 | | PR/LDH/E/123 | Kohara to Meowal via Lakliowal, Bonkar | 21 | | PR/LDH/E/124 | Ludhiana-Meowal via Samrala Chowk, Jamalpur, Bhamia, Tajpur | 23 | | PR/LDH/E/125 | Sarabha-Ludhiana via B.N. Chowk, Lalton, Mansura Jodhan | 24 | | PR/LDH/E/126 | Bus Stand Ludhiana-Salempur via B. N. Chowk, Phugraha Chowk, Session Court, Old DMC, Haibowal, Noorpur Bet, Gounspur | 25 | | PR/LDH/E/127 | Ludhiana Bus Stand -Mewonwal via Samrala Chowk, Jamalpur, Bhamian, Tejpur | 23 | | PR/LDH/E/128 | Hambran-Ludhiana via Salempur, Fagla, Birmi, Malakpur, Jangpur, Aliali Khurd, Partap Singh Wala | 23 | | PR/LDH/E/129 | Samrala-Sanghol via Bondli, Dyalpura, Haddon, Kakraia Nanowal, Dhanola, Manela | 25 | | PR/LDH/E/130 | Koom Kalan-Samrala Chowk Ludhiana via Kohara Bhagpur, Gadowal, Ramgarh, Jamalpur | 24.5 | | PR/LDH/E/131 | Ludhiana-Phallewal via Bhaiwala Chowk, Lalton, Jhodhan | 24.7 | | PR/LDH/E/132 | Rarasahib-Ludhiana via Katari, Lapran, Ghawadi, Sarinh, Gill Chowk | 25 | | PR/LDH/E/133 | Local Bus Stand to Ludhiana-Kohara via CMC, Samrala Chowk, Tajpur Jail, Khasi, Bammain, Dhanasu, Budewai, Sugar Mill, Agro Technical | 24.9 | | PR/LDH/E/134 | Jourepull-Khanna via Jarg, Jalajan, Issru, Kotla, Ikolaha, Rasulpur | 24 | | PR/LDH/E/135 | Behrampur-Machhiwara via Taprian, Sherpur Bet, Hartan Bet, Sherian, Burj Pakka | 25 | | PR/LDH/E/136 | Local Bus Stand Ludhiana-Kohara via Shingar Cinema, CMC Gate, Shubani Building, Samrala Chowk, Tajpur Jail, Khasi, Bamtnian, Dhanansu | 24.9 | | PR/LDH/E/137 | Khanna-Rauni via Ikolaha, Naraingarh, Rajewal, Rahono | 25 | | PR/LDH/E/138 | Nizampur-Khanna v/a Jandaii, Diva, Nasrali, Faizgarh, Ikolaha | 24 | | PR/LDH/E/139 | Ludhiana-Dehlon via Dugri, Dhandra, Kheri, Himayupur, Jassowal, Alampur, Kaind | 25 | | PR/LDH/E/140 | Ludhiana-Jartoli via Alamgir, Dhola, Siyan, Jassowal, Qila Raipur | 24.6 | | PR/LDH/E/141 | Ludhiana-Jartauli via Alamgir, Dhola, Phalai Shaib, Sayan, Qila Raipur | 25 | | PR/LDH/E/142 | Ahmedgarh-Sudhar via Dhurkot, Phallewal, Dango, Pakhowal, Sarbaha, Abuwal | 24 | | PR/LDH/E/143 | Hathur-Jagraon via Lakkha, Malak, Bhamepura, Akhara | 25 | | PR/LDH/E/144 | Khanna-Ucha Pind via Malikpur, Bharikotla, Saidpur, Kheri, Flarangna, Sohana, Burj, Lohari | 25 | | PR/LDH/E/145 | Chaunta-Machhiwara Bus Stand via Ratangarh, Baiiwal, Boothgarh, Fatehgarh, Kalsan, Ghumana, Thirondi, Machhiwara | 18 | | PR/LDH/E/146 | Khanna-Furror via Barwali, Maanpur, Malikpur, Lalheri | 24 | | PR/LDH/E/147 | Dehlon- Ludhiana via Kar, Chupki, Jassowal, Mohmadpur, Dugri | 25 | | PR/LDH/E/148 | Ludhiana Bus Stand-Nurpur Bet via Bharat Nagar Chowk, Kailash Cinema, Ladowal, Bonkar, Sole, Rajewal | 24.8 | | PR/LDH/E/149 | Khanna-Jaspalon via Lalheri, Hariou Kalan, Majra, Rahon, A.S. College, Daudpur, Lalera, Chakmafi, Purloa, Bagli Kalan, Bagli Khurd, Balrolar, Ropalo | 24 | | PR/LDH/E/150 | Jagroan-Purain via Aligarh Sidhwa Kalan, and Khurd, Swadi Kalan, Majri, Khanjarwal, Bassian Bet | 24 | | PR/LDH/E/151 | Khanna-Buggav/a Galwadi, Salana, Himmatgarh, Ferzulapur, Shamshpur | 24 | | PR/LDH/E/152 | Machhiwara-Kamalpur via Garhibet, Sherian, Habowal Bet, Barwali Kalan, Rajewal, Sikhandarpur, Majri | 17 | | PR/LDH/E/153 | Local Bus Stand Ludhiana-Dhanansu via Samrala Chowk, Bhamian Kalan, Tajpur, Bukhri | 25 | | PR/LDH/E/154 | Gangarwal-Ludhiana via Bharat Nagar Chowk, Session Court, Mansura, Phalewal | 24.5 | | PR/LDH/E/155 | Ludhiana-Kohara via CMC Hospital, Baba Than Singh Chowk, Samrala Chowk, Jamalpur, Shaibana | 22.1 | | PR/LDH/E/156 | FerozepUr Chungi-Aggar Nagar-Sanet -Police Station, Sarbha Nagar-Milk Plant- Bharat Nagar Chowk-Bus Stand-Jagraon Pull-Railway Station-Clock Tower-Mata Rani Chowk-Jalandhar Bye-Pass-Shivpuri Chowk-Transport Nagar-Dholewal Chowk-Dhugri Road-Bus Stand | 23.6 | | PR/LDH/E/157 | Local Bus Stand Ludhiana-Jassowal via Bharat Nagar Chowk, New Bus Stand, Dugri, Urban Estate, Dhandari Khurd | 18 | | PR/LDH/E/158 | Khanna-Ucha Pind via Lalheri, Bhari, Kheri, Harangna | 24.4 | | PR/LDH/E/159 | Khanna Bus Stand toUcha Pind via Lalheri, Malakpur, Bhari, Bhadla, Kotla, Dulwan, Bhata | 24.5 | | PR/LDH/E/160 | Ludhiana Bus Stand-Humbran via Malipur, Noorpur Bet, Khera | 22 | | PR/LDH/E/161 | Ludhiana-Humbran via Session Chowk, Dayanand Hospital, Rajpura Road, Radha Swami Road | 21 | | PR/LDH/E/162 | Khanna-Jaurepal via Khanna Khurd, Khatra,Baghour, Bijapur, Issru, Jarg, Rouni | 20 | | PR/LDH/E/163 | Jagraon-Lope via Dangian, Dodhar, Malleana | 24.2 | | PR/LDH/E/164 | Ludhiana-Boothgarh via Jahangir Pura, Dhola, Rawat, Khuajke, Gonsgarh, Sadapur, Masrali Colony | 24.5 | | PR/LDH/E/165 | Rattangarh-Basti Jodhewal via Chounta, Dholandwal, Salempur, Bore, Machhian, Matewara, Mangli, Khawajke, Meharban Chungi | 23 | | PR/LDH/E/166 | Jagraon-Bhundri via Sidhwan Bet, Bhaini Rayan, Kotmaan | 22.8 | | PR/LDH/E/167 | Jagraon-Gurdwara Kanian via Leelan, Sidhwan Bet, Abupura, Parjian, Kanian | 20.3 | | PR/LDH/E/168 | Jagraon-Lopon via Kaonke Kalan, Kaonke Khose, Rasulpur | 23 | | PR/LDH/E/169 | Samrala-Gurdwara Charan Kamal Chowk, via Khernyian, Mhaskabad, Tappiyain, Herian Kalan, Poot, Nurpur | 23.6 | | PR/LDH/E/170 | Jagraon-Kishanpura via Leelan Janetpur, Gidharwindi, Tihara, Pattimultani | 23.1 | | PR/LDH/E/171 | Muilanpur-Rauwal via Talwandi Khurd and Kalan, Swadi, Yirk, Barsal, Rasulpur | 24 | | PR/LDH/E/172 | Jagraon-Halwara via Dholan, Chhachheri Hans Kalan, Hiran, Rajoana | 24 | | PR/LDH/E/173 | Jagraon-Mallah via Dalla Daherka, Manuke, Gurdwara Mandeana Sahib | 21.5 | | PR/LDH/E/174 | Sirthala-Mini Bus Stand Khanna via Nasrala, Issru, Ikolaha, Raslura, Majri | 25 | | PR/LDH/E/175 | Jagraon-Bhundri via Malak Chimna, Buzrak, Barsal, Virk, Swadi Kalan, Bharowai Kalan | 24.9 | | PR/LDH/E/176 | Jagraon-Talwandi via Kaler, Galib Khurd, Galib Ran Singh, Diya, Bhuttran, Bainiwal | 23.8 | | PR/LDH/E/177 | Ludhiana-Sole via Jassian, Hussainpur, Majh Phagtuwal, Fatehgarh Gujran, Talwandi Kalan, Ladowal, Bokar Dogran, Kutbewal, Manewal | 25 | | PR/LDH/E/178 | Raikot-Mehal Kalan via Johlan, Lohgarh, Chhapa, Panori, Mehal Khurd | 25 | | PR/LDH/E/179 | Khanna-Rauni via Ikolaha, Naraingarh, Rajewal, Rahono Kalan, Tonsa, Bibipur | 24.7 | | PR/LDH/E/180 | Jagraon-Sudhar via Panne De Kothi, Bardke, Hans, Hiran Atiana | 21.5 | | PR/LDH/E/181 | Samrala-B eh rampura via Heron Adda, Jhar Sahib, Behlolpur, Kotla, Rupali, Maangarh | 23.6 | | PR/LDH/E/182 | Raikot-Mehal Kalan via Bassian, Ramgarh Sibian, Borai Khurd | 23.9 | | PR/LDH/E/183 | Local Bus Stand-Machhian via Local Adda, Ghanta Ghar, Sabzi Mandi, Bye-Pass, Basti Jodhewal, Meharban, Hawas, Matewala | 18 | | PR/LDH/E/184 | Behrampur-Samrala via Jharsahib, Toderpur, Sihal, Gehlewal | 23.6 | | PR/LDH/E/185 | Jagraon-Purain via Sidhwan Kalan and Khurd, Gure, Swadi Kalan, Majri, Khanjarwal, Bassian | 24 | | PR/LDH/E/186 | Khanna-Bugga via Salana, Ghutind, Farzulapura, Shamshpur Adda, Ladpur, Kanjari Adda, Bharpurgarh Adda | 24 | | PR/LDH/E/187 | Ludhiana-Assi Village via Alamgir, Kaind Kanal, Siyan Village, Qila Raipur, Jartouli | 25 | | PR/LDH/E/188 | Samrala-Behlolpur via Hariau Khurd and Kalan, Taprain, Mashukabad, Khirkian, Barma, Jharsahi | 18.6 | | PR/LDH/E/189 | Ludhiana-Sudhar via Sohian, Khandur, Jodhan, Lalton, Chahai | 24.9 | | PR/LDH/E/190 | Raikot-Hathur via Jalaldewal, Boparai Khurd, Dhurkot, Nathowal | 24.5 | | PR/LDH/E/191 | Jagraon-Bhundri via Malak Chimna, Bujrak, Barsal School, Barsal Village, Virk, Swadi Kalan, Bharowai Kalan | 24.9 | | PR/LDH/E/192 | Raikot-Gehlan via Jalaidiwal Kalsan, Kalal Majra, Dhaner, Moom | 23.2 | | PR/LDH/E/193 | Khanna to Bilaspur via Lalheri, Hariou, Goh, Manupur, Ghosla, Chari, Bhutan Rayan | 21.2 | | PR/LDH/E/194 | Dugri Urban Estate Phase 11-Water Tank Phase I, Market Canal Bridge A Tern Park, Bus Stand, Bharat Nagar Chowk, Fountain Chowk, Guru Nanak Stadium, Shastri Hell, Backside Railway Station, Fountain Chowk, Bharat Nagar Chowk, Bus Stand, Dugri Road to Dugri Urban Estate Phase-II | 11 | | PR/LDH/E/195 | Hotel City Heart-Jagraon Pull, Bhaiwalal Chowk, Arti Cinema, Chowk PAU, Agar Nagar, Sacred Heart Boys School, Lodhi Club, Saraba Nagar (Police Station), Gurudwara Canal Bridge (Central Road of C & D Block) Guru Nanak Public School-Sarabha Nagar-Market Kochar-Bus Stand-City Heart Hotel | 13 | | PR/LDH/E/196 | Barewala Village Ferozepur Road-Octroi Post-Agar Nagar-Bharat Nagar Chowk-Mata Mandir-Guru Nanak Stadium-Back Rly. Station-Guru Nanak Stadium-Fountian Chowk-Session Chowk-Rajpura Chowk-Rishi Balmiki Nagar-Daily Complex Partap Singh Wala-Aliali Barewala Village | 13 | | PR/LDH/E/197 | Haibowal Police Station-Main Bazar-Rajpura Chowk-Dhandi Swami-Session Chowk-Bharat Nagar Chowk-Bus Stand-Bharat Nagar Chowk-Mini Secretariate-Bhaiwala Chowk-Aarti Chowk-Kaka Marriage Palace-PAU Gate No.4-Kitchlu Nagar Market-Harmbran Road-Haibowal Khurd-Chhotipur-Haibowal Police Station | 13.9 | | PR/LDH/E/198 | Haibowal Police Station-Main Bazar-Rajpura Chowk-Dhandi Swami-Session Chowk-DamoriaPul-Purani Sabzi Mandi-Jalandhar Bye-Pass-Jassian Village Haibowal Bazar-Haibowal Police Station | 10 | | PR/LDH/E/199 | Sherpur Village-Oswal Hospital-Cheema Chowk-Dholewal Chowk-Jagraon Bridge-Rly. Station-Brown Road-DMC Chowk-Baba Than Singh Wala Chowk-Samrala Chowk-Jamalpur-Metro Tyre Factory-Sherpur Village | 13 | | PR/LDU/E/200 | Dryporl-Chandigarh Road-Samrala Chowk-Cheema Chowk-Dholewal Chowk-Sherpur Chowk-Giaspur Chowk-Dhandari Chowk-Dryport | 10 | | PR/LDH/E/201 | Dryport-GT Road via Railway Phathak- Sherpur Chowk-Dholewal Chowk- Jagraon Pul-Bharat Nagar Chowk- Bus Stand-Atma Nagar(Lights) - Gill Chowk-Dholewal Chowk- Sherpur Chowk-Dryport via Dhandari | 11 | | PR/LDH/E/202 | Dholewal Chowk-Samrala Chowk- Jodhewal Basti-Jalandhar Bye-Pass- Subzi Mandi Corp. Office -Rly. Station-Vishkarma Chowk-Dholewal Chowk | 10 | | PR/LDH/E/203 | New Dana Mandi-Jalandhar Bye-Pass Chowk-Sabzi Mandi -Rly. Station- Jagron Pull-Bharat Nagar Chowk-= Bhaiwala Chowk-Ghumar Mandi Chowk-Fountain Chowk-Session Chowk-Damoria Pull-Sabzi Mandi- Jalandhar Bye-Pass-New Dana Mandi | 11 | | PR/LDH/E/204 | Hardi World Amaltas-Jalandhar Bye-Pass-Clock lower-Rly. Station- Jagraon Pull-Bharat Nagar-Bus Stand-B harat N agar-Fountain Chowk-Damoria Pull-Sabzi Mandi-Amaltas-Hardi World | 13 | | PR/LDH/E/205 | Ferozepur Road-Octroi Post-Raiguru Nagar-Market Bhai Randhir Singh Nagar- H.O. Block-Police Station-Sarabha Nagar-Milk Plant-Aarti Cinema Chowk- Bharat Nagar Chowk-Bus Stand- Siraj Hotel-Jagraon Pull-Rly. Station- Jagroan Pull-Bharat Nagar Chowk- Octroi Post-Ferozepur Road | 12 | | PR/LDH/E/206 | Jodhewal Basti-Madhopuri-Daresi Ground Millerganj-Old Sabzi Mandi-Clock Tower-Rly. Station-Jagraon Pull-Rly. Station-Old Sabzi Mandi-Jalandhar Bye-Pass-Jodhewal Basti | 12 | | | Patiala | | | PR/PTA/E/1 | Nabha-Kalarmajri via A Ihoran Khurd, Chhana, Kotli, Khokh, Agol Kalan, Agol Khurd | 20 | | PR/PTA/E/2 | Samana-Bakraha via Retgarh, Badhshahpur, Sadharanpur | 25 | | PR/PTA/E/3 | Samana-Badshahpur via Retgarh, Dhanetha, Arriemajra, Mardanhari, Gurdialpura, Nanhera | 20 | | PR/PTA/E/4 | Dhakraba-Nabha via Mehmoodpur, Jallan. Dhablan | 25 | | PR/PTA/E/5 | Jangpura-Rajpura via Changra, Mohali, Alampur | 22 | | PR/PTA/E/6 | Samana-Thuhi via Warraichan, Kutbanpur, Majri, Lalauchi, Gajju Majra, Chano, Nurpur | 20 | | PR7PTA/E/7 | Nabha-Mallewal via Abheypur, Sukhewal, Gallwati, Harigarh | 25 | | PR/PTA/E/8 | Rajpura-Bahaduigarh via Khanpur, Bhoglan, Suron, Kuthakheri, Harpalpur, Mandoli, Ajrawar, Bathla | 23 | | PR/PTA/E/9 | Samana-Balbera via Badanpur, Kamalpur, Bibipur | 23 | | PR/PTA/E/10 | Devigarh-Naymatpura via Dhudan Sadhan, Chura, Tejanpur, Magar Sahib Gurudwara | 21 | | PR/PTA/E/11 | Handesra-Dera Bassi via Dappar, Lalru, Basoli, Malikpur, Ballopur, Gholiumajra, Jwaharpur | 21 | | PR/PTA/E/12 | Dera Bassi-Handesran via Saidpur, Rampur Sainian, Behra, Sangoli. Jouli Kalan, Singhpura | 25 | | PR/PTA/E/13 | Lalru-Lohgarh via Alamghir, Sihian, Dappar | 15 | | PR/PTA/E/14 | Samana to Nadampur via Kahangarh, Bishanpura, Gajipur, Kulburchhan | 25 | | PR/PTA/E/15 | Patiala-Nagovvan via Dakala, Balbera, Kalarbhaini, Jhungian, Bazigar, Jafarpur | 25 | | PR/PTA/E/16 | Patiala-Dhenthal via Tolewal, Shermajra, Main, Langroli, Bhanri, Darola | 24,5 | | PR/PTA/E/17 | Sidhuwal-Nabha via Rohti, Bakhtriwaia, Kishangarh, Ajnoda Kalan and Kalana, ITihan Kalan | 24 | | PR/PTA/E/18 | Dittupur-Nabha via Kheri Jattan, Rajpura, Wazidri, Pedon, Pedni, Dangera, Kaidpur, Lohara, Bhago Majra | 21.5 | | PR/PTA/E/19 | Jorepull to Amloh via Barthala Malakpur, Kapoorgarh, Bugga, Bhamarsi | 24.4 | | PR/PTA/E/20 | Nabha-Chaunda via Choudhri Majra, Kaul, Babarpur, Kishangarh, Kandrala, Nehra | 24.3 | | PR/PTA/E/21 | Samana-Baladkaian via Gajewas, Namada, Kadarpura, Nadampur | 24 | | PR/PTA/E/22 | Dhakraba-Nabha via Mehmudpur, Barsat, Soja, Kheri Muslmana, Bazigar Basti, Buta Singh Wala, Sangitpura | 22.5 | | PR/PTA/E/23 | Nabha-Jourepull via Bagrian, Mohali. Rampur Chhana, Alipur, Raipur, Choda, Jalalgarh, Bhomsi, Dhirmajra | 25 | | PR/PTA/E/24 | Nabha-Nadampur via Thui, Ageti, Balera Kalan, Narwana, Gajju Majra, Chano | 23 | | PR/PTA/E/25 | Chatha-Beharsahib via Khanauri Khurd and Kalan, Shergarh, Tharua, Gurditpura, Arno, Dera Palasour | 21 | | PR/PTA/E/26 | Patiala SehraSehri-Jhiil, Hassanpur, Barn, Kalwa, Palunia, Akar, Akari | 22.3 | | PR/PTA/E/27 | Nabha-Alipur via Kakrala, Binaheri, Chhaju Bhat, Lohar Majra, Malka. Kot Kalan, Chhitan Wala | 24 | | PR/PTA/E/28 | Patran-Jogewal via Khanewal, Nawangoan, Hotipur, Gulhar | 20.7 | | PR/PTA/E/29 | Kala Jhar-Samana via Chano, Gajjumajra, Sensarwal, Tarora Kalan, Kheri Mall, Badshahpur Kaleki, Dhainthal, Tarkhan Majra, Miali Khurd and Kalan, Khudadpura, Muradpura, Patti Waraichan, Nurpur Patti | 24 | | PR/PTA/E/30 | Samana-Dakala via Dera Bazigarh, Dhanori, Mavi Sappan, Gajewas, Kheri Bama, Mado Majra, Trai | 24 | | PR/PTA/E/31 | Bouran Gate-Nabha Dyalpura via Bohran, Gunike, Bakhtra, Bakhtri, Bakho Peer | 25 | | PR/PTA/E/32 | Patran-Bharjach via Shatrana, Rasoli, Chicharwala, Kharkan, Pasoul | 23.1 | | PR/PTA/E/33 | Nabha-Jhallan via Rohta, Rohti Basta Singh, Laloda, Chhana | 24 | | PR/PTA/E/34 | Rajpura-Dadu Majra via Bhateri, Bhappal, Nalas, Kotla, Dhumna, Sadrorh, Majri, Haripur, Badali, Mai Ki Badali | 22.4 | | PR/PTA/E/35 | Rajpura-Mai Ki Badali via Bhateri, Bhapal, Nalas, Kotla, Kharola, Dhuman | 23 | | PR/PTA/E/36 | Samana-Bhedpura via Waraichan, Muradpura, Khudadpura, Miala Kalan and Khurd, Tarkhan Majra, Badshahpur, Kaleki, Kheri Malia, Sesarwal | 23.5 | | PR/PTA/E/37 | Patiala-Dittpur via Seona, Rongla, Lang | 25 | | PR/PTA/E/38 | Rajpura-Jandmangoli via Ghagar Sarai, Kabulpur, Bipur, Nogawan, Salempur, Pipal Mangoli | 23 | | PR/PTA/E/39 | Rajpura-Jandmangoli via Ghagar Sarai, Kabulpur, Bipur, Nogawan, Salempur, Pipal Mangoli | 23 | | PR/PTA/E/40 | Samana-Bhago Majri via Ughoke, Retgarh, Badshahpur | 24.9 | | PR/PTA/E/41 | Patiala-Karhali via Dakala, Bathoi | 25 | | PR/PTA/E/42 | Rajpura-Niwan Reona via Dhamanheri, Pabri, Takhtumajra Adda, Sehra, Sehri, Mehmdipur, Saifalpur, Kotla Jattan, Panjola, Panjoli Kalan | 24.5 | | PR7PTA/E/43 | Rajpura-Gadana via KheraBatheri, Kotla, Kherola, Gajjo Khera, Manak Khera, Devi Nagar | 24.5 | | PR/PTA/E/44 | Patiala-Panjola via Kalar Bhaini, Dakala, Mardheri, Partapgarh, Dulba | 24 | | PR/PTA/E/45 | Samana-Thuhi via Danipur, Khanpur, Mial, Bhadsahpur, Gajju Majra. Achral Kalan, Achral Khurd, Kala Jhar, Shahpur, Bharo, Kheri Bhiman | 25 | | PR/PTA/E/46 | Patiala-Diwan Singh Wala via Behai, Kathgarh, Mour, Gangroula, Sirastigarh, Palkaha | 25 | | PR/PTA/E/47 | Rajpura-Saifalpur via Rajpura Town, Akari, Gurdwara Nim Sahib, Abdulpur, Gopalpur, Mahmedipur | 24.5 | | PR/PTA/E/48 | Arnetu/Sadharnpur Bus Stop-Patran via Jalalpur, Kalwanu.Ghagga, Daroli, Tambuwala, Banwala, Nial | 23 | | PR/PTA/E/49 | Patiala Bus Stand-Pabri via Jhill, Baran Majri, Mirajpur, Daun, Palondyian, Akar, Akari, Takhtomajra, Sehra | 24.7 | | PR/PTA/E/50 | Samana-Dharamheri via Mehmudpur, Malakpur, Chota, Daba, Ratta Khera, Sarola | 21 | | PR/PTA/E/51 | Samana-Kheri Bhima via Badshahpur, Gajju Majra, Achral Kalan and Khurd | 22 | | PR/PTA/E/52 | Devigarh-Ghanaur via Massigan, Mahimawali, Chirwa, Chirwi, Mukhmailpur, Naneola, Abdulpur, Maru, Manjoli, Ganouri Khurd | 25 | | PR/PTA/E/53 | Patiala Bus Stand-Mandror via Lachkani, Jassowal, Fatehpur, Hirdapur | 21.5 | | PR/PTA/E/54 | Mandwa-Patiala via Damanheri, Takhti Majra, Rupalpur Adda, Abdulpur, Palondian Baran | 25 | | PR/PTA/E/5 5 | Patiaia-Chalela via Seona, Rogla, Lang, Lachkani, Kath Mari | 24 | | PR/PTA/E/56 | Patiala Bus Stand-Salempur via Naina Kalan and Khurd, Bhatian, Majat Adda, Akar, Majat Khurd | 23 | | PR/PTA/E/57 | Rajpura-Sekhupura via Bhoglan, Khanpur, Kuthakheri, Suron, Harpalpur, Mandoli, Ajrawar, Bhatt Majra | 24 | | PR/PTA/E/58 | Patiala-Bhunerheri via Sanauri Adda, Rai Majra, Jourian, Sarkan, Khassian, Kant, Takhargarh, Hassanpur | 21 | | PR/PTA/E/59 | Patiala-Barsat via Sher Majra, Shawajpur, Kakrala, Wazidpur, Chaharpur, Dhablan, Kheri Muslmana | 21 | | PR/PTA/E/60 | Rajpura-Jand Mangoli via Gagar Sarai, Kabulpur, Nogawan | 19.8 | | PR/PTA/E/61 | Patiala-Mundkhera via Jassowal, Lachkani, Fatehpur, Jagat, Hirdapur, Mandror Adda | 25 | | PR/PTA/E/62 | Patiala to Nalini via Gurudwara Dukhniwran Sahib, Nandpur Kashon, Saifalpur, Mullepur | 25 | | PR/PTA/E/63 | Samana-Aujan Majran via Ajimgarh, Mehmudpur, Shadipur, Asmanpur, Rattanheri, Seo Majra, Kheri | 25 | | PR/PTA/E/64 | Banur-Urna via Nadiali, Harditpura, Gajju Khera | 19 | | PR/PTA/E/65 | Patiala-Chapar via Sanauri Adda, Choura, Nurpur Kheria, Asarpur, Jangpur | 25 | | PR/PTA/E/66 | Dera Bassi-Tasumbli via Nihalu Majra, Dapar, Lalru, Balupur, Lahelan | 21.8 | | PR/PTA/E/67 | Patiala-Sehra via Baran Majri, Faridpur, Rasulpur, Daun Khurd, Suniar Heri, Palodian Akar, Akari | 24 | | PR/PTA/E/68 | Rajpura-Salania via Nogaon, Salermpu, Kabulpur, Faridupur | 25 | | PR/PTA/E/69 | Rajpura-Sekhupura via Saidkheri, Khairpur, Mehmudpur, Alai Majra, Kulemajra, Manjoli | 21.7 | | PR/PTA/E/70 | Rajpura-Bhagrana via Sarai Banjara, Sarai, Balsuha, Cholti Kheri, Chhindra, Salepur, Badali | 25 | | PR/PTA/E/71 | Patiala-Moondkhera via Jassowal, Lachkani, Fatehpur, Jagatpura, Hirdapur, Mandor Rakhra | 25 | | PR/PTA/E/72 | Lalru-Uraa via Manauli, Banur, Nadiali, Bhattian, Khanpur, Ucha Khera, Hidyatpur | 24 | | PR/PTA/E/73 | Rajpura-Budhanpur via Chameru, Madanpur, Jalheri Surajgarh, Gharama, Nandgarh | 23 | | PR/PTA/E/74 | Patiala-Kotlan Jattan via Ruthkeri, Jhar Majra, Nandpur Kesho, Halotali jhinjran, Saifalpur | 24 | | PR/PTA/E/75 | Rajpura-Jakhwali via Pilkhiani, Uksi, Ugani, Sarai Banjra, Behlolpur, Panjola, Mullepur | 23.6 | | PR/PTA/E/76 | Bugga Kalan-Alhoran Gate Nabha via Mallewal, Lope, Bore, Wazidpur, Rajgarh | 24 | | PR/PTA7E/77 | Bugga Kalan-Alhoran Gate Nabha via, Fatehpur, Kalsa, Mallewal, Agol Khokh, Kotli, Chhaju majra | 25 | | PR/PTA/E/78 | Lalru-Untala via Kouli Majra, Ballonpur, Malikpur Jauli Khurd, Rani Majra, Handesra | 21 | | PR/PTA/E/79 | Khera Gajju-Kharar via Manakpur, Biro Majri, Bharatpur Sojapur, Bhagomajra, Landran, Santemajra | 25 | | PR/PTA/E/80 | Bald Kalan-Nabha via Thuhi, Maji, Binaheri, Dolewal, Bharo, Thuhi | 19.5 | | PR/PTA/E/81 | Rajpura-Salania v/a,Ghaggar Sarai, Hassanpur | 23 | | PR/PTA/E/82 | Dera Bassi-Sangoli via Dhapar, Lalru, Chandheri, Aggapur, Mianpur, bhukuri | 22.8 | | PR/PTA/E/83 | Patiala-Mullepur via Rith Kheri, Jhinjran, Saifalpur, Shekhpur | 25 | | PR/PTA/E/84 | Patiala-Mehmdipur via Sular, Sher majra, Kartarpur, Main, Dodar, Jalal Khera, Jandi, Bijalpur | 24 | | PR/PTA/E/85 | Devigarh-Mohalgarh via Julkan Behrampur, Adaltiwala, Cnapar, Dera Bah wala, Aujan, Mehtabgarh, Binjal, Aheru kalan, Takralir | 25 | | PR/PTA/E/86 | Rajpura-Salempur Jattan via Khairpur, Lalmajra,23.7 Kouli Majra, Mandouli, Shahpur, Majri, Phkihran, Bhagoura, Rourka, Rourki | | | PR/PTA/E/87 | Patiala-Dittupur via Baran, Phagan Majra, Challela | 24.9 | | PR/PTA/E/88 | Patiala-Mehmdipur via Alipur, bye-pas, Pbi University, Akkar Adda, Akkar, Sehri, Tahelpur | 24.6 | | PR/PTA/E/89 | Rajpura Hama- via Uksi, Ugani, Ugani, Naina, Sourl, Sourl Khurd | 14.5 | | PR/PTA/E/90 | Rajpura-Kalauli via Bye-Pass, Bhapal, Nalsa, Kotla, Kharloa, Wazirabad, Urdhan, Bhatiras, Nadiali, Hulka | 19.8 | | PR/PTA/E/91 | Kauli-Majra Town via Narraru, Nathu Majra, Mandoli, Harpalpur, Suro, Khanpur, Bhogla | 19.8 | | PR/PTA/E/92 | Dauladi Gate Nabha-Barwal via Dhingi, Sadoheri, Sakohan, Chathe, Dhanori, Bhatia Kalan and Khurd, Cheema, Sherpur Sodian | 25 | | PR/PTA/E/93 | Samana-Sadharanpur via Ghari Sahib, Jaoremajra, Raimajra, Mardanheri, Nanhera, Badsahpur | 23.6 | | PR/PTA/E/94 | Rajpura-Sabdalpur via Islampur, Damanher, Mandval, Jai Nagar, Dandwal, Amirpur | 23 | | PR/PTA/E/95 | Patiala-Sarana via Baran, Hardaspur, Phagan-majra Adda, challela, balpur, Tandoan | 22.7 | | PR/PTA/E/96 | Patiala-Poonia via Jourian Sarkan via Batereana, Majal Kalan, Tejan | 21.7 | | PR/PTA/E/97 | Rajpura-Patton via Dhakansu, Diwali, Kharola, Loha Kheri, Bhagrana | 25 | | PR/PTA/E/98 | Rajpura-Amritsar via Damanheri, Khalpur, Mandwal, Jai Nagar, Bhed wala Adda | 24.6 | | PR/PTA/E/99 | Bugga Kalan-Nabha via Pallia Khurd, Ghaniwal, Uklan, Wazidpur, Rajgarh | 25 | | PR/PTA/E/100 | Nabha-Kheri via Rotha, Rohti khas, Hiana, Samla, Ajnauda, Hirdepur, Douhat | 23.9 | | PR/PTA/E/101 | Patiala to Jhungian via Gurudwara Dukhniwaran 24.9 Sahib, Nandpur Keso, Mullepur, Reona Niwan | | | PR/PTA/E/102 | Patiala-Bhankher via naina Adda, Hiragarh, bahai, Kathgarh, Khatkan Kalan Garola,Goroli, Sarustigarh,kanuheri | 25 | | PR/PTA/E/103 | Nabha-Cheema via Kakrala, Achal, Bhatia, Bhindra | 24 | | PR/PTA/E/104 | Alloran Gate Nabha-Mallewal via Dhingi, Galwati, Gurditpur, Dhodewal, Bhapalpur, Ghaniwal | 21.5 | | PR/PTA/E/105 | Patiala-Akar via DCW Bye-pass, Urban Estate, Pbi Uuniv., Bahadurgarh, Bahourpur Janherian, Batheri | 22 | | PR/PTA/E/106 | Doulatpur-Morinda via Bhagta, Chunni Kalan, Kehri Chowk, Kheri Bir Singh, Ghamgha Adda, Bhatheri, Rattangarh Adda, Kelheri | 24.8 | | PR/PTA/E/107 | Patiala-Mandaur via Jassowal, Lachkani, Fatehpur, Jagatpur, Hirdapur, Dukat | 23.5 | | PR/PTA/E/108 | Patran to chicharwala via Dutal, Kangarh, Shatrana Adda. Shatrana village, Resouli | 25 | | PR/PTA/E/109 | Halla-Alhouran Gate Nabha via Jasso Majra, Raisal, Kalsana, Mallewal, Agol, Khokh Kotli, Chajomajri | 25 | | PR/PTA/E/110 | Rajpura-Brass via Rajpura Bye-pass Mour, Sariabanjara, Shahpur, Patarsikalan, Chunimajra, Bhainikalan, Bhainikhurd, Dholan, Nariangarh | 22 | | PR/PTA/E/111 | Samana-Chhanna via Sehajpura, Kotli, Kularan, Alampur, Talwandi | 23 | | PR/PTA/E/112 | Patiala-Dulba via Khera Jattan, Kalar Bhaini, Dakala, Mardaheri, Panjola | 25 | | PR/PTA/E/113 | Bahadurgarh-Manjauli via Seel, Chapar | 23.5 | | PR/PTA/E/114 | Khrar to Pabhat via Sante Majra, Bhago Majra, Alipur, Naidali, Safipur, Bakarpur, Rurki, Pabri, Manouli | 25 | | PR/PTA/E/115 | Patiala-Ulatpur via Sanouri Adda, Hiragarh village, Nivodya School, Mahmodpur, Panjetha, Bhunarheri, Durd | 24.7 | | PR/PTA/E/116 | Devigarh-Mohalgarh via Julka, Binjal, Daroli | 24 | | PR/PTA/E/117 | Bhadson chungi-Anand Nagar, Tripri, Local Patiala | 17 | | PR/PTA/E/118 | Samana-Badibalad via Kahangarh Bhutan, Bishanpura, Gajipur, Kulburchhan,Kadrabad Nadampur | 25 | | PR/PTA/E/119 | Samana-Marori via Garhi Sahib, Dhanetha, Asmanpur, Rattanheri, Sadewal | 17 | | PR/PTA/E/120 | Nabha-Ghaniwal via Alhora, Kotli, Bhore, Lope, Mallewal | 22 | | PR/PTA/E/121 | Devigarh-Niamalpur via Chhapar, Asamnpur, Maghar Sahib Gurdwara | 22 | | PR/PTA/E/122 | Dera Bassi to Plandesra via Laheli, Balpur, Maiikpur, Bassoli | 25 | | PR/PTA/E/123 | Banur-Jarout via Dharamgarh Surat Ki Manoli, Lehli, Lalru, Rurki, Mirpur | 25 | | PR/PTA/E/124 | Jalalpur-Rajpura via Rampur Khurd, Bal Majra, 23.5 Mohi Khurd and kalan, Surajgarh, Gurma, Gurdi Nagar, Thua, Alampur, | | | PR/PTA/E/125 | Patiala-Paharpur via Chuharpur, Dhakraba, Kakrala | 24 | | PR/PTA/E/126 | Nabha-Alhora Gate-Chahal via Rajgarh, Wazidpur, Bishanpura, Mallewal, Gobindpura | 25 | | PR/PTA/E/127 | Rajpura Baba Mour to Chajo via Shambu Bus Adda, Nanhera, Shambu Kalan, Nanhera, Gharma Mour, Basama | 24.2 | | PR/PTA/E/128 | Dera Bassi-Bhagsi via Saidpura, Nimbuan Adda, Pabat, Rampur Saniain, Fatehpur, Barwala, Barwali | 25 | | PR/PTA/E/129 | Zirakpur-Lalru Mandi Bijli Board via Singhpura, Budha Sahib to Bhankarpur, Dhanoni, Janetpur | 25 | | PR/PTA/E/130 | Dera Bassi-Sherber Nangal via Dhanoli, Mehmudpur, Chadiali, Surat ki Manoli | 21 | | PR/PTA/E/131 | Patrana-Parta via Shatrana, Jaikhar, Badshahpur, Kalwano Dera,Sadhranpur Adda | 24.5 | | PR/PTA/E/132 | Sanaur-Sir kapra via Bolar Bolri, Batta Karanpur | 16 | | PR/PTA/E/133 | Ghagga-Datnankheri via Dwarkarpur, Badshapur | 16 | | PR/PTA/E/134 | Patran to Karimgarh via Dutal, Shatrana, Karakan road, Chicharwala, Punjab Border | 16.9 | | PR/PTA/E/135 | Dera Bassi-Rampur Saniya via Dandrala, Mukandpur, Bijalpur, Jeola | 24 | | PR/PTA/E/136 | Ghagga-Arnetu via Kalwanu, Badshapur, Sadharanpur | 21 | | PR/PTA/E/137 | Banur-Lalru Mandi via Dharamgarh, Chharba Nangal, Surat ki Manoli, Hassanpur, Lehli | 24 | | PR/PTA/E/138 | Rajpura-Rasulpur via Rajpura Bye-pass, Ugana, Sraibanjhara, Balsoha, Choti Kheri, Salempur, Sandhra, Badali Miaki, Bhagrana, Jhampur | 21 | | PR/PTA/E/139 | Patran-Badshahpur via Khaspur, Dutal Adda, Shatrana Adda Shatrana, Momiain, Nagwanthe, Bakraha | 23 | | PR/PTA/E/140 | Rajpura-Bhagoura via Saidkheri, Kharepur, Lai Majra, Kale Majra | 25 | | PR/PTA/E/141 | Dera Bassi-Lalru via Saidpur, Fatehpura, Vairara Samgoli, Johil | 24 | | PR/PTA/E/142 | Dera Bassi-Handesra via Lalru, Devigarh, Saidpura, Johli | 23 | | PR/PTA/E/143 | Patiala-Dulba via Khera Jatlan Kalar Baini, Dakala, Mardheri, Panjola | 25 | | PR/PTA/E/144 | Patran-Sangtiwala via Dugal, Ladbanjara, Khurd and Kalan, Ubey, Korian, Bhaiki pishore | 23.5 | | PR/PTA/E/145 | Nogawan Theh-Patiala Bus Stand via Nogawan Kartarpur Adda, Balbera, Jafarpur, Dakala, Kalar Bhaini, Kheri Jattan | 24 | | PR/PTA/E/146 | Patran-Sagra via Rasoli Shatrana | 17 | | PR/PTA/E/147 | Dera Bassi-Jeoli via Gujran Kheri, Sangouli, Tadak, Jandali | 22 | | PR/PTA/E/148 | Jalalpura-Rajpura via Rampura Khurd, Balmajra Mohikhurd Mohikalan, Surajgarh, Garman, Gardinagar, Thuha, Allarnpur | 24 | | PR/PTA/E/149 | Samana-Chhoti Bhattiwal via Kolaran Mour, Dodra, Bhedpuri, Kularan, Alampur, Khatriwaia, Talwandi | 24 | | PR/PTA/E/150 | Patran-Chichar Theh via Rasauli, Shatrana | 17 | | PR/PTA/E/151 | Patiala-Barsat via Badungar, Dhamo Majra, Malio Majra, Korji wala, Jalla, Dhablan, Kheri Musalamana | 24.2 | | PR/PTA/E/152 | Rajpura-Bahadurgarh via Saidkheri, Kalemajra, Mandoli, Ajrawar, Pandtan Kheri, Mehmadpur | 24.9 | | PR/PTA/E/153 | Rajpura-Jakhwali via Ugana, Basantpura, Tola Adda, Behlolpur, Panjola, Mullepur | 22,9 | | PR/PTA/E/154 | Patiala-Paror Adda via Sanaun Adda, Jourian Sarkan, Rampur, Naina, Kot Adda, Punnia Adda, Manjal Kalan Adda, Mardheri Adda, Kakapur, Partapgarh, Dulwan, Hamoli | 24 | | PR/PTA/E/155 | Bolarh-Bus stand, Patiala via Rathia, Chapar, Bosar, Jogipur, Punia, Asarpur, Nur Kheria, Choura, ITB Chow | 21 | | PR/PTA/E/156 | Nabha-Nadampur via Ramgarh, Kalehan, Puri, Majha, Majhi | 20.4 | | PR/PTA/E/157 | Dera Bassi-Jeoli via Gujran Kheri, Samgoli, Bhagsi, Tadak, Jandali | 24.5 | | PR/PTA/E/158 | Ablowal, PRTC, HO, IT1, PSEB Colony, Tagore Theatre, Model 22 Town, Police Post, No. Phatak, Head PO Chowk, Income Tax Office, Rajindra Hospital, Sewa Singh Thikriwala Chowk, Fountain Chowk, Mata Kali Devi Mandir, District Court, Bus Stand, Sirhindi Gate, Sewa Singh Thikriwala Nagar, Women Polyetechnical College, Urban Estate, Pbi University | 18.2 | | PR/PTA/E/159 | 24 No. Phatak-Pbi University via Partap Nagar, Patiala Cantt, Shakti Vihar, Khalsa College, Rajindra Hospital, PSEB HO, Bus Stand, Railway Station, Purani Chungi, Truck Union, Urban Estate | 18 | | PR/PTA/E/160 | Nabha-Dhanauri via Saholi, Pedni, Kansuha, Lohat, Alowal | 20.4 | | PR/PTA/E/161 | Rajpura-Rasulpur via Ugani, Basantpura, Dulabi, Kheri, Salempur, Timbarpur, Bhagrana, Champur | 24 | | PR/PTA/E/162 | Dandrala-Rampur Sainian via Mukandpur, Mianpur, Kheri Jattan, Samgoli, Fatehpur | 25 | | PR/PTA/E/163 | Dera Bassi-Jeola Kalan via Saidpura, Rampur, Sainia Adda, Bhari, Fatehpur, Sandhera Samgoli | 22.1 | | PR/PTA/E/164 | Nabha-Lalochhi via Thuhi, Ageti, Narwana, Banera Khurd, and Kalan Chano, Gajju Majra | 24.9 | | PR/PTA/E/165 | Bhadson Chungi-Jail Road, Anand Nagar,Dashmesh Nagar, Tripuri, DLF Colony, DTO Office, Anaj Mandi, Factory Area, Railway Station, Bus Stand, District Court, Mata Kali Devi Mandir, PSEB HO, SST Wala Chowk, Rajindra Hospital, Income Tax Office, HO PO, 22 No. Phatak, Thapar College, Bhadson Road Chungi | 17 | | PR/PTA/E/166 | Patiala-Ratthian via Urban Estate, Their, Dhilwal, Assarpur, Jogipur, Bossar, Chappar | 21.4 | | PR/PTA/E/167 | Zirakpur-Lalru Mandi Bijli Board via Bhankharpur, Issapur, Dhanoni Adda Mehmadpur, Karko, Baroli, Amlala Dhaaeala, Behar Majra, Dapar, Lehli Adda | 25 | | PR/PTA/E/168 | Patiala-Barsat via Badungar, Dhamo Majra, Mallo Majra, Koijiwala, Jahla, Dhablan, Kheri Musalmana | 24.2 | | PR/PTA/E/169 | Rajpura-Mehmadipur via Rajpura Town, Damanheri, .Pabri, Sehra | 16 | | PR/PTA/E/170 | Ablowal-Pbi University via PRTC HO, ITI, Model Town, 22 No. Phatak, Leela Bhawan, Income Tax Office, Rajindra Hospital, SST Chowk, Fountain Chowk, Mata Kali Devi Mandir, District Court, Railway Station, Bus Stand, Sirhindi Gate, Purani Chungi SST Nagar, Polytechnical College, Truck Union, Hira Bhagh, Urban Estate Phase-I | 18.2 | | PR/PTA/E/171 | 24 No. Phatak-Pbi University via Partap Nagar, PSEB HO, Badungar, Khalsa College, Rajindra Hospital, SST Chowk, Purana Chowk, Mate Kali Devi Mandir, District Court, Railway Station, Sirhindi Gate, Purani Chungi, Truck Union, Hira Bagh, Urban Estate-I | 18 | | PR/PTA/E/172 | Rajpura-Salempur via Uksi, Ugana, Bakhshiwala, Ugai, Naina, Sural, Sural Khurd, Hama | 16.3 | | PR/PTA/E/173 | Patiala-Dittupur via Seona, Rogla, Bang, Karmarhi Dandrala | 22.5 | | PR/PTA/E/174 | Banur-Nalas via Kaloli, Giga Majra, Devi Nagar. Abrama, Manakpur, Gajju Khera, Area, Karola, Kotla | 22.5 | | PR/PTA/E/175 | Dera Bassi-Sharbar Nagal via Dhanaula, Mahemdpur. Dhandrala, Saurat Ki Manouli | 18.6 | | PR/PTA/E/176 | Nabha-Jahlan via Thuhi, Ageta, Ageti, Kalemajra, Surajpur, Barsat, Kheri Musalmani, Dhablan | 23 | | PR/PTA/E/177 | Samana-Bhedpura via Warreichan Road, Khudadpura, Miala, Tarkhan Majra, Dhainthal, Badshapur, Kheri Tarora, Sensarwal | 21 | | PR/PTA/E/178 | Patiala-Mavi Sappan via Khera Bhaini, Dakala, Trai, Madho Majra, Barna Kheri, Gejewas | 24.3 | | PR/PTA/E/179 | Rajpura-Sheikhpura via Bhogla, Khanpur, Khukha Kheri, Suro, Harpalpur, Mandoli | 23.8 | | PR/PTA/E/180 | Banur-Jaraut via Dharamgarh Surat Ki Manoli, Lehii, Lalru, Rurki, Mirpur | 22.8 | | PR/PTA/E/181 | Sular to Pbi University via sular Pulli, Tej Colony, Officer Colony, Hem Bagh, Mehndi Chowk, Women College Mour, YPS Chowk, Rajindra Hospital, Fowara Chowk, Bus Stand, Sirhindi Gate, SST Nagar, Polytechnical Coliege, Urban Estate | 16 | | PR/PTA/E/182 | Antala-Lalru via Sarangpur, Handesra, Tasumbli, Basoli, Jeola Khurd and Kalan. Malakpur, Ballopur | 23.5 | | PR/PTA/E/183 | Rajpura-Gadana via Behar, Jansuha, Jansuhi, Mirzpur, Kharola, Lehla, Gajju Khera, Manakpur, Abrana | 24.7 | | PR/PTA/E/184 | Patiala Bus Stand-Maru via Sanauri Adda, Sanaur Bye Pass, Bolar, Bolri, Kranpur, Sirkapda, Narangwal | 24.4 | | PR/PTA/E/185 | Ablowal-PRTC HO ITI PSEB Colony-II, Model Town, Police Post, 22 No. Phatak, Head Post Office, Income Tax Office, Rajindra Hospital, SST Chowk, Fountain Chowk, Mata Kali Devi Mandir, District Court, Bus Stand, Sirhindi Gate, SST Nagar, Women College, Polytech College, Urban Estate, Pbi. University | 16.2 | | PR/PTA/E/186 | Patran to Dudian via Dhandial, Shadihari, Raidharian, Bhaini, Bhutna | 22.8 ; | | PR/PTA/E/187 | Devigarh to Gharam via Channa, Mehon, Bangeara, Kherki, Shamara, Budhanpur, Ratta Khera, Bhusian, Nandgarh | 22.4 | | PR/PTA/E/188 | Rajpura to Lachhara Khurd via Rajpura Town, Khanpur, Bhaglan, Suron, Kutta-Kheri, Harpalpur, Ghanaur Bye Pass, Lchharu Khurd | 25 | | PR/PTA/E/189 | Patiala to Dhanauri via Seona, Long, Kathmati, Panora | 21 | | | Ropar | | | PR/RPR/E/1 | Nangal-Dumewal via Surewal, Golemi, Passiwal, Bhalan | 25 | | PR/RPR/E/2 | Ropar-Noorpur Bedi via Tibba Taprian, Karani, Dhamani, Jhandan, Bulewal, Kangran Sheri | 23 | | PR/RPR/E/3 | Ropar-Allowal via Kotli, Lodi Majra, Ghanauli | 16 | | PRRPR/E/4 | Ropar-Bhojo Majra via Haweli Khurd, Sherpur, Khebad, Chhota Surtapur, Bara Surtapur, Chounta, Bhanin, Silomarka, Jagatpura | 22 | | PR/RPR/E/5 | Jhampur to Bhagrana via Chuni, Badala, Dhark, Majhat, Kharar | 23 | | PR/RPR/E/6 | Kharar-Chuni Kalan via Badala, Nangal, Majhat | 17 | | PR/RPR/E/7 | Ropar to Khokran vie Haveli Khurd, Shampur, Sherbad, Chuta, B? Bela | 21.8 | | PR/RPR/E/8 | Ropar Bus Star iarapind via Lodhimajra, Ghanouli, G¡¯ .ra Parwar Vichora Sahib | 18 | | PR/RPR/E/9 | Gochar-Kura.i via Abbopur Bahbheri, Khizrabad, Labogarh, Salempur, Akalpur, Chatali, Bour Majra | 25 | | PR/RPR/E/10 | Landran-Zirakpurr via Lakhnour, Sohana Kambala, Nendeali,Alipur, Parbhat | 23 | | PR/RPR/E/11 | Nurpur Bedi-Nangal via Bhai lan, Singhpura Golni | 25 | | PR/RPR/E/12 | Kiratpursahib-Dashmesh Academy via Lakher, Tarapur | 22 | | PR/RPR/E/13 | Kubaheri-Block Majri via Salempur, Thane, Kalgarh, Chintgarh, Rattangarh, Kurali, Nihalke, Muilanpur, Goun Majra and Jhandemajra | 21.5 | | PR/RPR/E/14 | Kharar-Salempur via Kanomajra, Landran, Suhera, Chaha majra, Badi Macchli, Baghrana | 24.5 | | PR/RPR/E/15 | Kurali-Muilanpur via Guno Majra, Chantoli, Rattangarh, Nihalka, Muilanpur, Jhandemajra, Parol, Ferozepur | 21.5 | | PR/RPR/E/16 | Kharar to Bhagrana via Chuni Kalan, Jhaneri, Santemajra, Bhagta, Patton, Mehtabgarh | 24.9 | | PR/RPR/E/17 | Nupur Bedi-Anandpur Sahib via Chanali Khurde, Tibba, Nangal Kiratpur Sahib, Kotla, Ghatiwal | 25 | | PR/RPR/E/18 | Majri-Mohali via Dakera, Malikpur, Palheri, manera, Thanpur, Belongi | 21.5 | | PR/RPR/E/19 | Ropar-Behrampur Bet via Bhaku Majra, Bhojomajra, Bheron Majra and Bela | 25 | | PR/RPR/E/20 | Chamkaursahib-Rangilpur via Dugri, Gunomajra, Boormajra, Dhanauri, Sotal Baba, Bau Majra, Bhagatpur | 25 | | PR/RPR/E/21 | Khizrabad-Ropar via Mianpur, Bheora, Malik majra, Theona, Pori, Madpur, Mianpur, Bindrakh | 23 | | PR/RPR/E/22 | Bhallan-Bhanopli via Nangal, Golni, Bhuta, Chattewal, Behrampur, Dorchi | 24 | | PR/RPR/E/23 | Morinda-Lutheri via Khant, Todarpur, Gagarwal, Sidhupur Kalan, Pankha, Doom Chaheri | 25 | | PR/RPR/E/24 | Kharar- Chaomajra via Landra, Chohana, Mali, Raipur, Daroli | 21 | | PR/RPR/E/25 | Morinda-Lutheri via Dhand, Panj Dehan, Sidhupur, Gagarwal AmargarhRumheri, Ramgarh | 25 | | PR/RPR/E/2 6 | Morinda to Khera via Datarpur, Kheri Bhai Ki, Goplaon, Kotla, Nandpur, Kulheri, Dudhiana, Kasmobri, Bhadliala Singh, Hidupur, Bibipur, Dhangharian | 23.9 | | PR/RPR/E/27 | Kharar to Shingariwala Barrier via Rani Majra, Dhadu Majra, Rasoolpur, Salmatpur, Ferozpur, Maullanpur | 23 | | PR/RPR/E/28 | Kurhali-Manakpur via Barodi, Chandpur, Block Majri, Khijrabad, Sangatpura | 23 | | PR/RPR/E/29 | Nangal to Jhajj Chowk via Majowal, Goini, Bhalan, Kalamamour | 25 | | PR/RPR/E/30 | Kurali to Tarapur Majri via Basoli, Block Majri, Khijrabad, Kubba Kheri | 24.9 | | PR/RPR/E/31 | Behrampur-Ropar via Khokhar, Bajilpur, Bela, Jagatpur, Jhalian Khurd, Mansura, Kherabad, Chooti Haveli, | 24 | | PR/RPR/E/32 | Anandpursahib-Bainsa via Rampur, Jhag Chowk, Samirwal, Noorpur Bedi, Mune | 25 | | PR/RPR/E/33 | Anandpur Sahib to Nurpur Bedi via Agampur Rampur, Jhajj Mour, Simrowal | 23.4 | | PR/RPR/E/34 | Nurpur Bedi to Bhangala via Jhag Chowk, Kaiama Mcur, Khanpur Khui, Khera. | 22.9 | | PR/RPR/E/35 | Anandpursahib-Baguwal via Noorpur Bedi, Rampur, Jhaj Chowk, Samirowal, Singhpur | 25 | | PR/RPR/E/36 | Mohali-Tangori via Sohana, Landran, Bhagomajra, Raipur, Saneta, Dhade. | 25 | | PR/RPR/E/37 | Morinda to Chuni via Dattarpur, Kalheri, Rattangarh, Kamali, Sampli Sahib | 18 | | PR/RPR/E/38 | Morinda-Jattsna via Kynore, Boormajra, Shahpur, Dugri, Kotali Gaggon, Dehar, Salomajra Chamkaur Sahib | 25 | | PR/RPR/E/39 | Ropar-Bardar via Bhatha Sahib, Rangilpur, Mianpur, Bhadal,Taprian Purkhali, Hirdepur Haripur | 25 | | PR/RPR/E/40 | Ropar to Mainpur via Bhatha Sahib, Rangelpur, Tapprain, Purkhali, Haripur | 24.8 | | PR/RPR/E/41 | Ropar-Majri via Rangilpur, Purkhali, Jodhpur, Katot | 25 | | PR/RPR/E/42 | Nawan Nangal-Patti, Basanta-Shivalik Academy, Majhowal College, Nangal bustand, Niku Nangal, Dugli | 25 | | PR/RPR/E/43 | Morinda-Bela via Dusna, Ramgarh, Latheri, Pipal Majra | 23 | | PR/RPR/E/44 | Bains-Anandpur Sahib run MunnaAluna, Raipur, Aslampur,Mussapur, Adampur, Nurpur Bedi, Singhpura, Samirowal, Modemajra, Gadhiwal, Fukapur Walik | 25 | | PR/RPR/E/45 | Ganguwal-Nurpur Bedi via Agampur, Jang, Jangrian, Hayatpur | 25 | | PR/RPR/E/46 | Behrampur Bet-Chamkaur Sahib via Mohan Majra, Makkiwal, Chhoti Daudpur, Attolori, Jasna and Bela | 25 | | PR/RPR/E/47 | Morinda-Bela via Dumna, Ramgarh, Latheri, Pipal Majra | 24.3 | | PR/RPR/E/48 | Nurpur Bedi-Khera via Jhajj Chowk, Kalwau Mour, Khanpur Khoohi | 24 | | PR/RPR/E/49 | Kharar-Nandpur Kalaur via Randhawa Road, Peer Sohana, Bajheri, Sadrulapur, Bibipur, Sill, Batta, Garanga, Kajal Majra, | 15 | | PR/RPR/E/50 | Nangal-Bhallan via Bhaldi, Dayapur, Majri, Sukhsar, Surewal, Sehajpur, Mehalwal | 24 | | PR/RPR/E/51 | Nangal-Bhallan via Mehlara, Sehsowal, Bhalri, | : 24 | | PR/RPR/E/52 | Nangal-Kalma via Santokhgarh, Sehowal, Bhalri Bhalan | 23.3 | | PR/RPR/E/53 | Nangal-Ganguwal Mour via Raipur, Tandla, Daroli, Gagg, Ghambirpur, Surewal, Ganguwal Colony | 20 | | PR/RPR/E/54 | Khanpur-Bainsa via Gochar, Nalhoti, Raipur, Thoda, Shakhpur, Jhangrain, Krora, Katta Shabur, Hayatpur, Noorpur Bedi, Mune | 22.2 | | PR/RPR/E/55 | Nurpur Bedi-Balachaur via Gurshewal Buguwal, Bhaddi | 24.9 | | PR/RPR/E/56 | Kurali-Khizrabad via Dusarana, Barodi, Block Majri, Siarwa, Khera | 14.8 | | PR/RPR/E/57 | Kiratpursahib to Anandpur Sahib via Massewal, Behai, Pharpur, Samlaha-Dashmesh Academy | 25 | | PR/RPR/E/58 | Tarapur to Kurali via Mianpur, Chingar, Kubbaheri Sialba Majri, Khera, Khijrabad | 23.2 | | PR/RPR/E/59 | Kurali-Rallon via Singhpura, Kallewal, Baroli, Gharoan, Batta, Sil, Garangan, Kajalmajra, Nandpur Kalur | 25 | | PR/RPR/E/60 | Kiratpurasahib-Rampur Jhajj ar via Anandpursahib | 25 | | PR/RPR/E/61 | Kharar-Khizrabad via Dau Majra, Panjoli, Teor, Rurki, Palheri, Bhagat Majra, Behalpur, Wajidpur, Blockmajri | 25 | | PR/RPR/E/62 | Aaandpur Sahib to Saran via Balhara, Musapur, Shekhupura | 23 | | PR/RPR/E/63 | Ropar-Heerpur via Kotla, Nihang, Taprian, Garewal, Maghror, Akbarpur, Bhagwali, Bhagwala, Purkhali | 24.2 | | PR/RPR/E/64 | Khanpur Khui to Khera, Bochar, Nilhoti, Rampur, Thoda, Jhungian, Krora, Shahur, Hiyatpur, Nurpur Bedi | 24.6 | | PR/RPR/E/65 | Anandpur Sahib to MP di Kothi (main road out of limit MC Nangal) via Ganowal Colony | 16.9 | | PR/RPR/E/66 | Ropar-Madewala via Lakhimpur, Manak Majra, Parhi, Madaspur, Mianpur, Birjwala | 18.9 | | PR/RPR/E/67 | Mirzapur-Kurali via Gochar, Abipur, Kubaheri, Sangatpura, Manakpur, Sarif, Bhuthgarh, balak Majris, Bharoli, Fatehgarh | 24.9 | | PR/RPR/E/68 | Chanali to Anandpur Sahib via Sangatpura Agampur | 25 | | PR/RPR/E/69 | Kharar-Gaju khera via landran, Bhago Majra, Maujpur, Bharatpur, Chandeala, Patran Viro Majri, Manakpur | 22 | | PR/RPR/E/70 | Ropar-Khizarabad via Rangilpur, Mianpur, Panjoli, Khizrabad | 22.9 | | PR/RPR/E/71 | Kurali-Barrier Singhariwala v/aNangal, Khairpur, Hoshiarpur, Firozpur | 24.9 | | PR/RPR/E/72 | Kharar-Nadiali via Sanetta, Duraii, Manoli, Pabri, Chachu Majra Rurka, Bhadarpur, Safipur | 24.9 | | PR/RPR/E/73 | Manakpur-Mohali Barrier via Tasimbli, Dehalpur, Gadana, Chhaneta, Duraii, Raipur, Moli, Vaidwan Sohana | 22 | | PR/RPR/E/74 | Kharar-Muilanpur Garib Dass via Lugian, Halalpur Jhandpur, Chanko, Gobindgarh, Teor, Rurki, Bhagat Majra, Maini Majra, Bansepur, Mangli, Chuhar Majra, Paitpur, Ratwara Sahib | 18.8 | | PR/RPR/E/75 | Kharar-Rasulpur via Nawanshehar, Badala kajal majra, Nandpur Kalor | 24 | | PR/RPR/E/76 | Kharar-Muilanpur via Dhaomajra, Radeala, Bhajoli,Teor, Rurki, Palheri, Bhagat Majra, Dhanoli, Saini Majra, Dhanoli, Saini Majra, Basepur, Patpur, Ratwara | 18.5 | | PR/RPR/E/77 | Mirpur-kharar via Raipur, Dafera, Gadana, Railon, Rupalheri, Kheri Chowk, Banga Badala, Nawan Gaon | 21.6 | | PR/RPR/E/78 | Behrampur-Ropar via Khokhran, Wazidpur, Behla, Ferozpur, Jagatpur, Silomasco, Jhalian, Bhauwal | 21.8 | | PR/RPR/E/79 | Morinda-Bhagrana via Kalheri, Rattangarh, Bhateri, Kamali, Kheri, Saibhali Sahib, Chuni kalan, Rasulpur | 25 | | PR/RPR/E/80 | Ropar to Bindrakh via Rangilpur, Mianpur, Panjola | 25 | | PR/RPR/E/81 | Kurali-Mirzapur via Baroundi, Dusama, Block Majri, Sialba, Khizrabad, Gochar | 19.4 | | | Hoshiarpur | | | JR/HSP/E/1 | Baddon to Mahalpurv/aBichhoi Chabewal | 22 | | JR/HSP/E/2 | Bham to Manko via Mayopati, Panchhata Bhaungmi Mehliana | 25 | | JR/HSP/E/3 | Bham to Phagwara via Thakarwal, Mayopatti, Panchhata Nam Sahri, Rawalpindi | 25 | | JR/HS P/E/4 | Bhawnali to Mukerian via Bariar, Maujpur, Khaspur, Ferozepur, Kotli Manj | 24 | | JR/HSP/E/5 | Bhikhowal to Bhogpurvia Bullowal, Allowal | 24.5 | | JR/HSP/E/6 | Bhogpur to Bullowal via Behram, Manak Dheri, Murad pur, Rajputan | 25 | | JR/HS P/E/7 | Bhogpur to Sikri via Mank Dheri, Behrampur, Narial | 23 | | JR/HSP/E/8 | Bhunga to Khudda via Dhot Kalan, Dugga Khanpur | 22 | | JR/HSP/E/9 | Budhawar to Talwara via Jhand, Sariala, Hajipur | 25 | | JR/HSP/E/10 | Budhawar to Talwara via Jhung JhirDi Khui | 23 | | JR/HSP/E/11 | Bullowal to Adampurv/a Kariana, Najoke, Kotli Arian | 25 | | JR/HSP/E/12 | Bullowal to Bhogpur via Sarai | 24 | | JR/HSP/E/13 | Bullowal to Hoshiarpur v/a Allowal Guru Ka Kotla Kotla Naudh Singh, Mirzpur, Dhariwal, Bhikhowal | 24 | | JR/HSP/E/14 | Bullowal to Janauri via Kadiala sainian, Saran, Sikri, Anangal Nangal Ishar, Makeenpur, Wazid, Khepra | 25 | | JR/HSPE/15 | Bullowal to Mangrowal via Kariana, Savian, Bhagowal, Sikri, Tagran | 22 | | JR/HSP/E/16 | Bullowal to Tanda via Kadiala, Shekhar | 25 | | JR/HSP/E/17 | Chabewal to Toderpur via Bham | 23 | | JR/HSP/E/18 | Dasuya to Badla via Gogra Mour Kapatgarh | 23 | | JR/HSP/E/19 | Dasuya to Chak Alla Baksh via Uchi Bassi, Dugri, Salarain, Paper Mill | 25 | | JR/HSP/E/20 | Dasuya to Hajipur v/a Nangal Bihala | 25 | | JR/HS P/E/21 | Dasuya to Hajipur via Uchi Bassi Pandori Nangal Bihala, Khijjarpur | 25 | | JR/HSP/E/22 | Dasuya to Hardo Khana via Hardo Thalia Chak Mehli, Kalowal Bassi Kandi | 20 | | JR/HSP/E/23 | Dasuya-Ghogra via Nangal Bihala, Sagram | 23 | | JR/HSP/E/24 | Dasuya to Jalalpur via Miani | 25 | | JR/HSP/E/25 | Dasuya to Jhir Di Khui via Hajipur | 24 | | JR/HSP/E/26 | Dasuya to Kamahi Devi via Hardo Thala, Passi Kandi, Rampur Haler | 25 | | JR/HSP/E/27 | Dasuya to Kamahi Devi via Sansarpur | 25 | | JR/HSP/E/28 | Dasuya to Khatigarh via Sagran, Ghogran, Nangal Bihala, Hajipur | 25 | | JR/HSP/E/29 | Dasuya to Mansoorwal via Hajipur | 25 | | JR/HSP/E/30 | Dasuya to Rampur Haler via Kaluwal | 18 | | JR/HSP/E/31 | Dasuya to Saran via Gama Sahib, Khurdan, Johlan, Sohian | 25 | | JR/HSP/E/32 | Dasuya to Tanda Ram Sahai via Uchi Bassi | 22 | | JR/HSP/E/33 | Dasuya to Terkiana via Uchi Bassi Dhanoa, Tanda, Ram Sarai, Chack Alla Baksh | 22 | | JR/HSP/E/34 | Davida to Hoshiarpur via Khanpur Nasrala | 24 | | JR/HSP/E/35 /?' | Dhamian to Hoshiarpur via Kathe Adhkari, Sandhran, Nasrala, Taragarh | 24 | | JR/HSP/E/36 | Dholbaha to Ramgarh via Kukanet Daulatpur Rampur | 25 | | JR/HSP/E/37 | Garhdiwala to Amroli via Manhota, Jajon, Dehrian | 25 | | JR/HSP/E/38 | Garhdiwala to Badla via Sansarpur | 24 | | JR/HSP/E/39 | Garhdiwala to Bichhoi via Sansarpur | 22 | | JR/HS P/E/40 | Garhshanker to Haibowal via Pandori, Jhungi, Malkowal | 25 | | JR/HS P/E/41 | Garhshanker to Jaijon via Kukran, Wariana, Lasara | 25 | | JR/HSP/E/42 | Garhshanker to Jhanjowal via Saila Khurd | 24 | | JR/HSP/E/43 | Garhshanker to Kaiawar via Saroya Sunawa | 25 | | JR/HSP/E/44 | Garhshanker to Khurdan via Sandhran, Sohawa | 25 | | JR/HSP/E/45 | Garhshanker to Majhot via Kukar Majara, Pojewal, Singhpura, Nainowal | 25 | | JR/HSP/E/46 | Garhshanker to Panjaura via Kot Fatuhi | 24 | | JR/HSP/E/47 | Garhshanker to Sheikhowal via Jugian, Rattanpur, Khanowal Khurali | 25 | | JR/HSP/E/48 | Garoa to Hoshiarpur via Talwandi Pandori, Pajuria Dhamian, Kothe Adhekari, Sandhran, Nasrala | 23 | | JR/HSP/E/49 | Gharial to Hoshiarpur via Chakiar, Manko, Masani, Kathar, Mandiala, Nasrala, Piplanwala | 25 | | JR/HS P/E/50 | Gorewaha Nangal to Hoshiarpur via Tiat Pala, Gilgian, Rora, Baghpur | 25 | | JR/HSP/E/51 | Hajipur Bus Stand to Bhataid via Chack Dial Khatigarh Jhir Di Khui Bus Stand Talwara Bhambutar | 25 | | JR/HSP/E/52 | Haibowal to Nangal via Khera, Khanpur | 25 | | JR/HSP/E/5 3 | Hajipur to Barring viaNarainpur, Dhar Bari | 22 | | JR/HSP/E/54 | Hajipur to Bringali vir; Baring | 25 | | JR/HSP/E/55 | Hajipur to Baler via Talwara Bhagntal, Brangli, Bhop | 22 | | JR/HSP/E/56 | Hariana to Barhuhi via Janaur 1, Dholbaha | 16.5 | | JR/HSP/E/57 | hariana to Bari Khad via Dholbaha | 25 | | JR/HSP/E/5 8 | Hariana to Kukanet via Dholbaha | 25 | | JR/HSP/E/59 | Hariana to Rasulpur via Madam, Tajpur, Wariana Sikri Benchan, Dharpur | 25 | | JR/HSP/E/60 | Harjipur to Bari via Rajpal, Bhambotar | 21 | | JR/HSP/E/61 | Hoshiarpur to Bhungrni via Pur Hiran, Tajowal | 20 | | JR/HSP/E/62 | Hoshiarpur to Chohal via Admwal, Bassi Gulam Hussain | 24 | | JR/HSP/E/63 | Hoshiarpur to Daroli Kalan via Parbhat Chowk, Puplanwala, Pila Megowal, Karial, Manko | 25 | | JR/HSP/E/64 | Hoshiarpur to Dhade via Kotla Naudh Singh, Hussainpur, Lidhran, Bullowal | 25 | | JR/HSP/E/65 | Hoshiarpur to Harta Badla via Chagran, Bohan Patti | 23 | | JR/HSP/E/66 | Hoshiarpur to Herian via Attowal Bibi Di Pandori Mana Kalan, Rajpur, Bahian, Mukhliana, Pandori Kad | 25 | | JR/HS P/E/67 | Hoshiarpur to Kaleran via Davida Rehana, Ajram | 25 | | JR/HSP/E/68 | Hoshiarpur to Kot Patial via Mehngrowal | 25 | | JR/HSP/E/69 | Hoshiarpur to Megowal via Parbhat Chowk, Piplanwala | 20 | | JR/HSP/E/70 | Hoshiarpur to Mona Kalan via Bassi Daulat Khan, Raipur Bhai an | 25 | | JR/HSP/E/71 | Hoshiarpur to Nandachaur via Sheikhwan Khun Khun | 21 | | JR/HSP/E/72 | Hoshiarpur to Nara Dada via Bajwar | 13 | | JR/HSP/E/73 | Hoshiarpur to Nasrala via Punga, Sahri | 12 | | JR/HSP/E/74 | Hoshiarpur to Sahri via Pur Hiran, Kahri | 13 | | JR/HSP/E/75 | Hoshiarpur to Sussan via Sandhran, Kariana, Dhamian, Pandoi Lame Kane | 24 | | JR/HSP/E/76 | Jalalpur to Tanda via Talwandi Dadian | 20 | | JR/HSP/E/77 | Jhung to Talwara via Bhawnaali Hajipur | 25 | | JR/HSP/E/78 | Jagniwal (Bham,) to Banga via Gondpur Nangal Kalan, Hakumatpur Kat Fathu- Behalpur | 25 | | JR/HSP/E/79 | Kamahi Devi to Gardiwala Makowal Kai Baruhi | 25 | | JR/HSP/E/80 | Koi to Tlawara via Sansarpur Kothi Kamahi Devi Barrian, | 24 | | JR/HSP/E/81 | Kot Fatuhi to Garhshanker via Tohana | 25 | | JR/HSP/E/82 | Mahalpur to Kot Fatuhi via Godpur | 25 | | JR/HSP/E/83 | Mahalpur to Maili via Chabewal | 25 | | JR/HSP/E/84 | Mahalpur to Panchata via Nangal Kalan, Daduwal, Gondpur, Sarla, Kalan, Mayopati, Baddon | 20.5 | | JR/HSP/E/85 | Mukerian to Budhawar via Dagan, Dhamian, Sheikhowal, Pankhooh | 25 | | JR/HSP/E/86 | Mukerian to Dadial via Sunderpur Nangal Badla, Neknama | 25 | | JR/HSP/E/87 | Mukerian to Gariala Mour via Naushera, Pattan | 23 | | JR/HSP/E/88 | Mukerian to Hajipur via Fattuwal, Budhwar Khunda Kullian | 22 | | JR/HSP/E/89 | Mukerian-Hazipur via Aima Maugat, Kaulpur Khiarpur | 22 | | JR/HSP/E/90 | Mukerian to Kamahi Devi via Hajipur | 25 | | JRHSPdE/91 | Mukerian to Mawa via Sunderpur Sehora, Dadial | 23 | | JR/HS P/E/92 | Mukerian to Naushera Pattan via Tanda Ram Sahai | 20 | | JR/HSP/E/93 | Mukerian to Usman Shaheed via Paper Mill Tanda Ram Sahi, Terkiana, Uchi Bassi | 23 | | JR/HSP/E/94 | Nangal Ishar to Hoshiarpur via Banana, Bhula Sheikhpur Pucca | 25 | | JR/HSP/E/95 | Nangal to Kanugo via Janauri, Dholbaha | 18.5 | | JR/HSP/E/'96 | Naru Nangal to Hoshiarpur via Manan, Bahadurpur | 22 | | JR/HSP/E/97 | Orhpur to Bhogpur via Behram | 23 | | JR/HSP/E/98 | Padhiana to Hoshiarpur via Ariana Kalan, Ajram | 25 | | JR/HSP/E/99 | Raipur Chullupur to Hoshiarpur via Lachowal, Nanowal Chack Raju Sandi Sandhran | 25 | | JR/HSP/E/100 | Sabji Mandi Mukerian to Sector 2 Talwara via Dagan Nehar, Hajipur JhirDi Khui | 25 | | JR/HSP/E/101 | Talwara to Badla vi'aHajipur | 25 | | JR/HSP/E/102 | Talwara to Barring via Bhambutar, Bari | 18 | | JR/HS P/E/103 | Talwara to Bhawnali via Jand, Jhir Di Khu, Dhode, Sariana, Farol Chack, Fathepur | 25 | | JR/HSP/E/104 | Talwara to Chamuhi Devi via Datarpur, Kamahi Devi | 23 | | JR/HSP/E/105 | Talwara to Dadial via Datarpur Badla | 25 | | JR/HSP/E/106 | Talwara to Ghogra via Hajipur Nangal Bihala | 23 | | JR/HSP/E/107 | Talwara to Hajipur via Jhir Di Khui, Sitarpur, Gharial | 21 | | JR/HSP/E/108 | Talwara to Jharera via Ramgarh Amroh Jhir Di Khui, Hajipur | 25 | | JR/HSP/E/109 | Talwara to Kamahi Devi via Jhir Di Khui | 21 | | JR/HSP/E/110 | Tanda to Pandori Ariyan v/aMiani Giljian, Kotla, Laroya | 25 | | JR/HSP/E/111 | Tanda to Awan via Dadian Talwandi | 22 | | JR/HSP/E/312 | Tanda to Bhanowal via Hajipur, Ambala Jattan Johlan, Chipra, Kasupur | 25 | | JR/HSP/E/113 | Tanda to Bhunga via Jaja Jhawan, Hussainpur, Dhoot Kalan | 25 | | JR/HSP/E/114 | Tanda to Bhunga via Min?a Khandiala, Chotala | 24 | | JR/HSP/E/115 | Tanda to Dholbaha via Dhoot Kalan | 25 | | JR/HSP/E/116 | Tanda to Dhootan via Hussianpur, Pandori, Mailian, Dhurian | 22 | | JR/HSP/E/117 | Tanda to KuIlian via Johal, Ambala Jattan, Thinda, Chipran | 22 | | JR/HSP/E/118 | Toderpur to Mahalpur via Ajnoha, Panjaura, Nagdipur Achharwal | 22 | | JR/HSP/E/119 | Talwara to Dharampur Devi via Amloh, Alera, Dharampur | 23 | | JR/HS P/E/120 | Gardiwala to Kamahi Devi via Manohata | 23 | | JR/HSP/E/121 | Moga Pind to Tanda via Madhopur, Rastgarh, Jouhra, Ghorawaha, Khandola Jattan, Baison, Kaloya | 25 | | JR/HS P/E/122 | Tanda to Bhanoke via Gardiwala Harsipind, Nangal Johla, Ambala Jattan, Thinda Chipran Kulian, Gardiwala, Keshopur | 25 | | JR/HSP/E/323 | Jhang to Mukerian via Sariana, Haripur Dagan | 23 | | JR/HSP/E/124 | Rajpur to Hoshiarpur via Chabewal, Sasoli Badla | 21 | | JR/HS P/E/125 | Hoshiarpur to Bham via Chabewal | 25 | | JR/HSP/E/126 | Hoshiarpur to Bherua via Chabewal, Parsowal Bicchoi | 25 | | JR/HSP/E/127 | Hoshiarpur to Bichhoi via Chagran, Mour Chabewal, Parsowal, Tajowal | 25 | | JR/HSP/E/128 | Hoshiarpur to Rajni Devi via Chabewal upto Samgwal | 25 | | JR/HSP/E/129 | Hoshiarpur to Sarnagwal via Chabewal, Singhpur | 24 | | JR/HSP/E/130 | Jhuggian to Nangal v/aTalliwai, Santokhgarh | 25 | | JR/HS P/E/131 | Ajnoha to Mahalpur via Nadalon, Pinjaura, Ganga Singh Di Pandori, Maqsoospur Ishpur Khair Achharwal, Paldi, Ganeshipur | 24 | | JR/GSR/E/1 | Bagrian to Harchowal via Noona | 25 | | JR/GSR/E/2 | Bagrian to Qadian via harchowal, Fattu Barkat | 25 | | JR/GSR/E/3 | Bangowali to Batalav/uPull Kunjer | 25 | | JR/GSR/E/4 | Batala-Cheema Khudi v/aUmarpura-Udhanwal | 23 | | JR/GSR/E/5 | Batala-Ram Diwali via Bode Di Khui | 20 | | JR/GSR/E/6 | Batala-Rasuipur Taprian via Aliwal Lodhi Nangal | 25 | | JR/GSR/E/7 | Batala to Bhagowal via Kala Nangal | 20 | | JR/GSR/E/8 | Batala to Boparai via Udhoke | 21 | | JR/GSR/E/9 | Batala to Dalle Chack via Bijliwal, Nawanpind | 22 | | JR/GSR/E/10 | Batala to D¡¯nampura via Qilla Lai Singh Bijliwal, Kaler Chathe | 23.9 | | JR/GSR/E/11 | Batala to Dharampur via Dharam Kot Chowk, Kastiwal, Gurjarpur, Chathe Dale Chowk | 24 | | JR/GSR/E/12 | Batala to Dharowali via Kotli Shikar Udhowali | 24 | | JR/GSR/E/13 | Batala to Dhianpur via Kotli | 20 | | JR/GSR/E/14 | Batala to Gande Ke Chone via Kaler Amarkot | 25 | | JR/GSR/E/15 | Batala to Ghuman via Udhanwal | 25 | | JR/GSR/E/16 | Batala to Harchowal via Dalla Kaluwal | 24 | | JR/GSR/E/17 | Batala to Harchowal via Shahbad, Wadala, Granthian, Thind Nehar, Bharwan | 24.6 | | JR/GSR/E/18 | Batala to Kahanuwan via Malikpur Shukerpura | 25 Kms | | JR/GSR/E/19 | Batala to Kot Santokh Rai via That, Thika, Deep, Kalerpur, Lalowal, Wadda Ghuman, Chotha Ghuman, Ballewal, Udhowal | 20 | | JR/GSR/E/20 | Batala to Kotli Than Singh v/aQila Lai Singh | 20 | | JR/GSR/E/21 | Batala to Neel Kalan vmUmarpura, Dhandori, Muradpur, Dalla | 25 | | JR/GSR/E/22 | Batala to Pull Kunjer via Wadda Ghuman, Chhota, Ghuman, Udhanwal | 25 | | JR/GSR/E/23 | Batala to Rasulpur Tapprian via Aii wal Kala Ghania | 25 | | JR/GSR/E/24 | Batala to Riali Bhangali viaMulla Sanaya, Harcharanpura, Shukerpura-Ghoga Marat | 19 | | JR/GSR/E/25 | Batala to Sathiali Pull via Mangewal, Malikpur, Sheikhwan | 24 | | JR/GSR/E/26 | Batala to Shikar via Dharampura | 21 | | JR/GSR/E/27 | Batala to Tahli Sahib via Achal Sahib, Balpurian | 24 | | JR/GSR/E/28 | Batala to Udhanwal via Umarpura | 19 | | JR/GSR/E/29 | Batala to Wadaia Banger via Bhagowal | 17 | | JR/GSR/E/30 | Bhaini Mian Khan to Sri Hargobindpur via Harchowal | 25 | | JR/GSR/E/31 | Bhini Mian Khan to Qadian viaToder Mall | 25 | | JR/GSR/E/32 | Bianpur to Pathankot via Gharota. Sama | 25 | | JR/GSR/E/33 | Bulipur to Qadian via Kiri Raj oh a, Harchowal, Basram | 22 | | JR/GSR/E/34 | Batala to Lodhi Nangal via Aliwal, Kala Afgana | 22 | | JR/GSR/E/35 | Chack Sharif to Jhande Mor, Qadian | 25 | | JR/GSR/E/36 | Chacki to Hardo Saran via Bhungal Badani | 21 | | JR/GSR/E/37 | Chacki to Dhar Kalan via Sukhrait Biri Di Gulla Sural Chakker | 24 | | JR/GSR/E/38 | Dera Baba Jaimal Singh to Ghuman via Baisaxai, Jodhe | 21 | | JR/GSR/E/39 | Dliar Thara to Shahpur via Dalla | 22 | | JR/GSR/E/40 | Dhar to Sarti via Marwan, Pathraiwan | 24 | | JR/GSR/E/41 | Dhar to Sioti via Marwan | 20 | | JR/GSR/E/42 | Dhar to Thara extended up to Civil Hospital | 25 | | JR/GSR/E/43 | Dhariwal to Tugal Wal via Khunda. Talwandi, Paso wal | 20 | | JR/GSR/E/44 | Dhariwal to Wadaia Banger via Bidhipur, Patak Laker Kalan | 23 | | JR/GSR/E/45 | Dina Nagar to Awan via Tara Singh | 16 | | JR/GSR/E/46 | Dina Nagar to Bamial via Taragarh, Kathiaur | 25 | | JR/GSR/E/47 | Dina Nagar to Behrampur via Udhopur | 18 | | JR/GSR/E/48 | Dina Nagar to Bianpur via Nano Nangal, Nawanpind, Pandori Bainsan | 25 | | JR/GSR/E/49 | Dina Nagar to Dorangla via Awankha Pindi Behrampur | 25 | | JR/GSR/E/50 | Dina Nagar to Gharota via Jangla, Bhawani | 25 | | JR/GSR/E/51 | Dina Nagar to Gharota via Math | 20 | | JR/GSR/E/52 | Dina Nagar to Hussainpur via Awan, Behrampur, Jhabkra | 24 | | JR/GSR/E/53 | Dina Nagar to Jhabkra via Allowal Murara, Behrampur | 22 | | JR/GSR/E/54 | Dina Nagar to Makora Chack via Bathanwaia, Behrampur, Jhabkra | 15 | | JR/GSR/E/55 | Dina Nagar to Marara via Saidpur, Taragarh, Begowal, Chack Chela | 16 | | JR/GSR/E/56 | Dina Nagar to Narot Jaimal Singh via Bakroor, Kathiaur, Kolian, Nandpur, Bahadurpur and Taragarh | 20 | | JR/GSR/E/57 | Dina Nagar to Shala Pattan via Lohgarh, Jhande Chack Paniar Sahowal, Talabpur | 25 | | JR/GSR/E/58 | Dina Nagar to Taragarh via Chakki | 20 | | JR/GSR/E/59 | Dina Nagar to Taragarh via Kolian, Jainpur, Makhanpur | 23 | | JR/GSR/E/60 | Dina Nagar to Taragarh via Pramanand Lehalpur, Malkana, Rattangarh, Farida | 23 | | JR/GSR/E/61 | Fatehgarh Churian to Kotii via Mallewal, Teja Veela, Mianpur | 25 | | JR/GSR/E/62 | Fatehgarh Churian to Shikar via Dharowali | 23 | | JR/GSR/E/63 | Fatehgarh to Sohian via Nawanpind, Maddipur, Kathu Sangatpur, Chetanpura | 20 | | JR/GSR/E/64 | Fatehgarh to Dina Nagar via Narot Jaimal Singh Bahadurpur, Taragarh | 25 | | JR/GSR/E/65 | Garhi Aahata Pathankot to Dhar Kalan via Chack Badhani | 20 | | JR/GSR/E/66 | Ghasitpura to Majitha via Jaintipur, Sham Nagar, Mari Kalan | 19 | | JR/GSR/E/67 | Gurdaspur-Shalla v/aRanjit Bagh Talabpur -Kot Bhalla | 25 | | JR/GSR/E/68 | Gurdaspur-Behrampur via Ale Chak | 17 | | JR/GSR/E/69 | Gurdaspur-Behrampur via Galri | 16 | | JR/GSR/E/70 | Gurdaspur-Gharota via Jharali-Khalizpur- Pandori Manohantan | 24.5 | | JR/GSR/E/71 | Gurdaspur-Purana Shalla via Man Kaur Singh-Gazikot Jethuwal | 18 | | JR/GSR/E/72 | Gurdaspur to Makora via Bamala Sadhu Chak, Keshopur Behrampur | 25 | | JR/GSR/E/73 | Gurdaspur to Tibri Puli via Purana Shalla Naushera Pattan | 18 | | JR/GSR/E/74 | Gurdaspur-Dostpur via Tung Varsoial Sarai Ali Nagar Hardo Channi | 23 | | JR/GSR/E/75 | Gurdaspur-Fateh Nangal via Mor Kahnuwan Aujla Rattewal Talwandi-Virk Khuda | 25 | | JR/GSR/E/76 | Gurdaspur Murara via Arya Nagar-Abal Khait, Dherra Chowk, Paniar Mure Gandian Shalla Bianpur | 23 | | JR/GSR/E/77 | Gurdaspur to Murara via Barnala Keshopur Siali | 25 | | JR/GSR/E/78 | Gurdaspur to Awankhan via Ale Chak-Galri Sultani | 24 | | JR/GSR/E/79 | Gurdaspur to Chak Sharif via Tibri Purana Shalla Gannupur | 25 | | JR/GSR/E/80 | Gurdaspur to Dorangla via Tota | 20 | | JR/GSR/E/81 | Gurdaspur to Dorangla via Hardo Bath wala, Hem Rajpur, Mustfapur, Lakhowal, Bholaa, Umarpura, Bainsa | 21 | | JR/GSR/E/82 | Grudaspur to Dorangla via Bathawala, Hamrajpur, Kola Nangal, Mustfabad, Sodhian, Lakhowal, Damuri | 22 | | JR/GSR/E/83 | Gurdaspur to Dostpur via Alle Chak -Tota Dorangla Adhian Chaura | 22 | | JR/GSR/E/84 | Gurdaspur to Dostpur via Dorangla-Jaura | 22 | | JR/GSR/E/85 | Gurdaspur to Jalalpur via Tibri Pull Sathiali Pull Kahnuwan | 25 | | JR/GSR/E/86 | Gurdaspur to Jhabkara via Barnala | 20 | | JR/GSR/E/87 | Gurdaspur to Kahnuwan via Purana Shalla, Chack Sharif | 18 | | JR/GSR/E/88 | Gurdaspur to Naushera Pattan via Tibri Pull Purana Shalla Tanta | 18 | | JR/GSR/E/89 | Gurdaspur to Purana Shalla via Pandori | 25 | | JR/GSR/E/90 | Gurdaspur to Shalla Pattan via Tibri | 17 | | JR/GSR/E/91 | Jhandi to Gurdaspur via Chounta Jharoli Pandori Mahanta | 22.4 | | JR/GSR/E/92 | Kahnuwan to Mullapur via Chack Sharif, Bhaini Mian Khan Bagrian | 25 | | JR/GSR/E/93 | Kahnuwan to Sri Hargobindpur via Nanokot Kot Todermai Harchowal | 25 | | JR/GSR/E/94 | Kalanaur to Naushera via Mustfapur, Ghuman Chhina | 25 | | JR/GSR/E/95 | Kalanaur to Dorangla via Sahli Chack, Sohal Sohal Khurd, Dostpur | 25 | | JR/GSR/E/96 | Marara to Dina Nagar via Behrampur | 15 | | JR/GSR/E/97 | Narot Jaimal Singh to Makhanpur via Kohlian Mour | 17 | | JR/GSR/E/98 | Naushera Majha Singh to Sathiali Pull via Satkoha, Nawanpind, Peeroshah, Shekhwan, Derewali, Daroga, Kot | 25 | | JR/GSR/E/99 | Pathankot Bianpur via Nago Chak Garota, Kath da Pull, ITI Dhira | 25 | | JR/GSR/E/100 | Pathankot Civil Hospital to Balwa via Jugial, Shahpur Kandi | 25 | | JR/GSR/E/101 | Pathankot-Sarhali-Sural Chakker via Chakki | 25 | | JR/GSR/E/102 | Pathankot Taragarh via Kiri Sehora | 23 | | JR/GSR/E/103 | Pathankot to Bukruli via Bhangali Gho Mour Gho Mangal, Behabal Dorang Khad | 25 | | JR/GSR/E/104 | Pathankot to Chakkar via Chakki Road | 25 | | JR/GSR/E/105 | Pathankot to Dorang Khad via Bhangali Chak Gho Elaler | 19 | | JR/GSR/E/106 | Pathankot to Garota via Dhira | 20 | | JR/GSR/E/107 | Pathankot to Gulelra via Farida Nagar Bhempur Garota Jandi Chaunta | 18 | | JR/GSR/E/108 | Pathankot to Jaini via Khanpur Kothe Gujapur, Jhang Belli, Rampur, Mutfarka | 13 | | JR/GSR/E/109 | Pathankot to Jharoli via Sarna Nagal Bhempur | 25 | | JR/GSR/E/110 | Pathankot to Kiri via Bridge No. 5 Panjore, Phul Pyara, Aima | 18 | | JR/GSR/E/111 | Pathankot to Makhanpur via Malikpur, Sunder Chack Kiri Sehora, Jainpur | 25 | | JR/GSR/E/112 | Pathankot to Narot Jaimal Singh via Kathiaur | 25 | | JR/GSR/E/113 | Pathankot to Suraii Railway Station via Mamoon Chak, Haryal Mour Chaker Mour, Chakki | 25 | | JR/GSR/E/114 | Pathankot to Taragarh via Malikpur Shergarh Sehora | 25 | | JR/GSR/E/115 | Patta to Sarti via Lehroon via Dunera | 25 | | JR/GSR/E/116 | Pindi to Batala via Bhalowali | 23 | | JR/GSR/E/117 | Qadian to Amo Nangal via Dalla Muradpur, Panj Garain | 25 | | JR/GSR/E/118 | Qadian to Ghuman via Bhullewal, Bharth, Dhapur | 25 | | JR/GSR/E/119 | Qadian to Sua Fateh Nangal via Deriwal, Danewali, Faij Jallo Chack Maliion, Jaffarwal | 25 | | JR/GSR/E/120 | Qadian toFero Chichi via Bhaini, Tugal Biri Aulakh Kot Mohamad Khan | 25 | | JR/GSR/E/121 | Qadian to Khokharwal via Rajoya | 25 | | JR/GSR/E/122 | Qadian to Naushera Maja Singh via Mallian | 25 | | JR/GSR/E/123 | Qadian to NoonaBarkatan via Aulakh | 25 | | JR/GSR/E/124 | Qadian to Parsowal via Kot Todermal Kahnuwan, Chack Sharif | 22 | | JR/GSR/E/125 | Sri Hargobindpur to Harchowal via Mari Pannuan | 18 | | JR/GSR/E/126 | Sri Hargobindpur to Harchowal via Mor Mari Panuan, Khokharwal, Gill Bob Dogar | 18 | | JR/GSR/E/127 | Theruprla to Dunera via Panguri | 23 | | JR/GSR/E/128 | Pathankot to Badhani via Chaki | 22 | | JR/GSR/E/129 | Gurdaspur to Sohal via Tung Hardo Chhani | 25 | | JR/GSR/E/130 | Uhowali to Batala via Shikar Machian Dalam Nangal | 24 | | JR/GSR/E/131 | Batala to Mehme Chack via Dhianpur | 24 | | JR/GSR/E/132 | Qadian to Shalla Pattan via Kahnuwan | 25 | | JR/GSR/E/133 | Batala to Mehlowali via Mehme Chack, Khode, Banger, Beela, Teja Kalan | 25 | | JR/GSR'E/134 | Batala to Mehta via Amo Nangal | 18 | | JR/GSR/E/135 | Batala to Gaggarbhana via Amo Nangal Mehta | 25 | | JR/GSR/E/136 | Batala to Athwal via Mehta | 25 | | | Nawan Shahar | | | JR/NSR/E/1 | Balachaur to Pojewal via Siana, Jagatpur, Mazara, Bachauri, Rano Khurd, Chaniani Khurd, Nainowal | 23 | | JR/NSR/E/2 | Balachaur to Singhpur via Paddi, Mazot, Malowai | 24 | | JR/NSR/E/3 , | Balachour-Nighi via Kathgarh, Mehatpur, Sujewal | 25 | | JR/NSR/E/4 | Balachour to Jitpur via Thopia Mour, Bhaddi, Nawanpind, Taprian, Dhak Khana | 20 | | JR/NSR/E/5 | Balachour to Kathgarh Mour via Thopia Udhanwal, Rattewal | 16 | | JR/NSR/E/6 | Balachour to Mohan Majra via Uadi an, Mehsam, Bhullar, Nawanpind, Taprian, Takaria Hospital, Mansewal Mour Takrla, Khanwala, Kaler | 22 | | JR/NSR/E/7 | Bangato Binjon via Kajla Paddi, Matwali, Gujarpur, Khurdan, Pathlawan | 25 | | JR/NSR/E/8 | Balachour to Pojewal via Rurki Kalan | 22.5 | | JR/NSR/E/9 | Balachour to Teehra via Siana, Jagatpur, Firni Mazara, Bichhouri, Moujowal Majara, Jhangian | 25 | | JR/NSR/E/10 | Balachour to Tundewal via Bagowal, Thopian Udanwal, Rattewal, Kathgarh, Jethuwal | 24.5 | | JR/NSR/E/11 | Balachaura to Oliapur via Sajewal, Mane wal, Kathgarh, Kanngna Bet | 25 | | JR/NSR/E/12 | Balachaur to Ballewal via Takrala, Thopia | 18 | | JR/NSR/E/13 | Banga-Ajnoha via Khatkar Khurd-Heon-Gobindpur-Attari-Rampur-Bhalpur-Kot Fatuhi-Ishpur-Panjora, Nadalon | 21 | | JR/NSR/E/14 | Banga-Apra via Gunachaur-Khan Khana-Bika-Khanpur-Saroj, Kajjarian, Taharpur Sarhal-Mundi-Cheema-Garhi | 24 | | JR/NSR/E/15 | Banga-Khoja via Kamana, Sahlon, Garhi, Bahadurpur, Jallah Majra, Tajpur | 22 | | JR/NSR/E/16 | Banga-Naura via Garhi Ajit Singh. Laroa, Gunachour, Mahil Gehlan | 25 | | JR/NSR/E/17 | Banga to Nangal Khurd via Khagna, Paddi Mathwala, Gujjarpur, Binjon, Pandori, Kot Fatuhi Dhadha, Paldi | 25 | | JR/NSR/E/18 | Banga to Apra via Mazara Dosarka, Karnana, Gunachour Mukandpur, Hakimpur, Masani | 24 | | JR/NSR/E/19 | Banga to Chackdana via Batuli Me'nrampur, Bika, Mander Ujagarpur, Bakhlour | 23 | | JR/NSR/E/20 | Banga to Kot Fatuhi via Attari Sali Kalan, Gobindpur, Behalpur | 22 | | JR/NSR/E/21 | Banga to Lassara via Gunachour | 24 | | JR/NSR/E/22 | Banga to Manka Ghumna via Beesla Jhander, Sund, Sandhwan, Bharoli | 23 | | JR/NSR/E/23 | Banga to Mehliana via Dhahan Bisla Jhander, Sund, Sanwan, Pharala, Bharoli Manak | 24 | | JR/NSR/E/24 | Banga to Nangala Thindla via Kot Fatuhi- Bhagatpur-Panj aura Ajnoha | 24 | | JR/NSR/E/25 | Banga to Saila via Jhikka Ucha Pathlawa, Moran wal i | 24 | | JR/NSR/E/26 | Banga to Tajpur Khoje via Bharo, Majara Sahib, Naurabad Binjon, Mehmoodpur | 22 | | JR/NSR/E/27 | Banga-Apra via Garhi Mahan Singh- Cheema Kalan Gharwal-Tarpur Sarhal Kajjan-Khampur-Beeka. Khankhana- Mehrampur-Batuli Gosal-Chack Kalal Sotran | 24 | | JR/NSR/E/28 | Boothgarh to Nawanshahar via Katwara, Kariam, Dhiani, Saroya, Samundra, Simble, Majout | 22 | | JR/NSR/E/29 | Chakdana-Aur via Nangal Khurd, Panderwar Burj Tehal Dass, Begowal, Khambra | 23 | | JR/NSR/E/30 | Haibowal to Garhshanker via Nainowal, Pojewa,-Kukar Mazara | 24 | | JR/NSR/E/31 | Kathgarh to Singhpur via Rattewal, Takarla Mour, Bhaddi, Majhout | 23 | | JR/NSR/E/32 | Makandpur to Phagwara via Virk, Dosanjh, Sarhal Mundi | 24 | | JR/NSR/E/33 | Mukandpur-Phagwara via Jagatpur Sadhpur Bharo Mazara-Sarhali-Kultham-Sarhala Mazara-Mehl | 24.5 | | JR/NSR/E/34 | Mukandpur to Phillaur via Moron Chokran, Apra, Khanpur, Nagar | 25 | | JR/NSR/E/35 | Mojowal Majara to Nawanshahar via Chankoya Karwal Mour, Jadla Mour | 25 | | JR/NSR/E/36 | Nawanshahar to Khatkar Kalan via Sakohpur, Kahtna | 18 | | JR/NSR/E/37 | Nawanshahar to Samundra via Baghaura | 18 | | JR/NSR/E/38 | Nawanshaher-KangnaBet via Langroya, Jadla Atal Verowal, Kanungo, Kanga Bet | 24 | | JR/NSR/E/39 | Nawanshahar to Moranwal via Gujarpur Kalan, BheenPalli Uchi, Pali Jhiki, Surapur, Bhora, Pathlawa | 22 | | JR/NSR/E/40 | Nawanshaher-Maujowal via Langroya, Zadla, Jadli, Mai Mazara | 23.4 | | JR/NSR/E/41 | Nawanshaher-Mukandpur via Amargarh, Kariha, Musapur, Rasulpur, Karnana, Raja Sahib Gunachour | 25 | | JR/NSR/E/42 | Nawanshaher-Phambra via Karnana, Ghotra, Sakohpur, Sahlon, Sodian, Mehmodpur, Bhinjon Aur, Burj Tehal Dass, Begowal | 24 | | JR/NSR/E/43 | Nawanshaher-Chandpur, Rurki Singh Chowk, Samundra Dhamai, Bakapur, Hayatpur Rurka, Dalam, Saroya, Kukar Majara | via Karam, | | JR/NSR/E/44 | Nawanshaher-Dhangerpur via Sanawan, Jadia, Vittal, Mirpur, Jattan, Muzaferpur | Langroya, | | JR/NSR/E/45 | Nawanshaher-Moujowai via Langroya-Kaulgarh-Bachauri | 24.5 | | JR/NSR/E/46 | Nawanshaher to Atal Mazara via Samundra, Ahmedpur, Sahiba | Kariam, Sibli, | | JR/NSR/E/47 | Nawanshaher to Begampur Allowal, Aima | 25 | | JR/NSR/E/48 | Nawanshaher to Chandiani via Langroya, Barwa, Jainpur, Majari Tejawalpur, Sohawa Khurd | 24.5 | | JR/NSR/E/49 | Nawanshahar to Chandiani Khurd via Daulatpur Rakran Dahan, Sajawaipur, Saliba, Sandhra, Khurda | 25 | | JR/NSR/E/50 | Nawanshaher to Dalawarpur via Jethu Mazara, Gorakhpur, Behram, Rani Raipur | 22 | | JR/NSR/E/51 | Nawanshaher to Ghakewal via Hiala | 13 | | JR/NSR/E/52 | Nawanshaher to Jindowal via Malpur, Thandian, Khatker Kalan | 25 | | JR/NSR/E/53 | Nawanshaher to Khurdan via Langroya, Jadla, Majari, Sawa | 23 | | JR/NSR/E/54 | Nawanshaher to Lassara via Kariam | 24.5 | | JR/NSR/E/55 | Nawanshaher to Makhpur via Chhotapur, Sumundra, Damian, Bakapur, Mazari, Sajawaipur, Khurdan | 24 | | JR/NSR/E/56 | Nawanshaher to Mehmoodpur via Langoraya, Sajawaipur Shamaspur, Usmanpur Jadla, Mehatpur, Taprian | 25 | | JR/NSR/E/57 | Nawanshaher to Mukandpur via Bohara, Mirpur, Lakha, Mehmoodpur Paraspur, Langroya, Ratainda | 24.5 | | JR/NSR/E/58 | Nawanshaher to Mukandpur via Ratainda Sheikupur, Laroya, Garhi, Aur, Bohara, Sodhian, Kataran, Kariam | 24.5 | | JR/NSR/E/59 | Nawanshaher to Samshpur via Bahlor Kalan, Nillowal | 24.5 | | JR/NSR/E/60 | Nawanshaher to Dapalpur via Jethu Mazara | 18 | | JR/NSR/E/61 | Nawanshaher to Dialan via Langroya, Jadla | 23 | | JR/NSR/E/62 | Nawanshaher to Pathlawa via Gujjarpur, Bheen, Palli Jhicki, Surapur, Sujjon | 25 | | JR/NSR/E/63 | Nawanshaher to Pathlawa via Basiala, Alachaur, Ucha Ladhana | 22 | | JR/NSR/E/64 | Nawanshahar to Chakli Sujat via Jethu Majara, Shahajpur, Sheikhupur, Allowal, Tajowal, Mehndipur | 25 | | JR/NSR/E/65 | Nawanshahar to Urapar via Kariam, Dharamkot, Majalpur, Aur | 24 | | JR/NSR/E/66 | Retainda to Phiilaur via Chela-Moron- Chhokar-Apra-Khanpur-Ladhana Pala Chhota Badda Nagar Nai Abadi Rasulpur | 23 | | JR/NSR/E/67 | Singhpur-Balachour via Khurdan, Chandiani Khurd, Bakhu, Bichhouri, Firni Mazara | 24 | | JR/NSR/E/68 | Thopia Mour to Nurpur Bedi via Nawanpind, Taprian, Laddi Bhai Mazara, Jethpur | 25 | | JR/NSR/E/69 | Takarlato Thopia-Balachaur Mojowal Majara | 25 | | JR/NSR/E/70 | Banga to Apra via Gunachaur, Sheikhupura Ratainda | 24 | | JR/NSR/E/71 | Banga to Jaijon via Jika, Ucha Ladhana, Paosi Paddi, Jasowal, Bathala Vahrowali, Haylar | 25 | | JR/NSR/E/72 | Apra to Banga via Garhi Maha Singh Cheema, Sarhal Mundi, Tarpur, Sarhal Kajian, Khanpur, Bika, Adda Khan Khana, Mehrampur | 25 | | | Jalandhar | | | JR/JAL/E/1 | Adampur to Toderpur via Daroli, Damuda | 25 | | JR/JAL/E/2 | Adampur to Ajnoha via Padhiana, Bhagna | 25 | | JR/JAL/E/3 | Adampur to Bullowal via Nijar Kotli | 25 | | JR/JAL/E/4 | Adampur to Jethpur Kotli via Haripur | 20 | | JR/JAL/E/5 | Adampur to KalaBakra via Nahlon | 17 | | JR/JAL/E/6 | Adampur to Kalra via Kathar | 18 | | JR/JAL/E/7 | Adampur to Kathar via Salala, Tharial, Kotli | 22 | | JR/JAL/E/8 | Adampur to Lutera Kalan via Daroli Kalan, Kalra | 17 | | JR/JAL/E/9 | Adampur to Nandachaur via Dhingrian, Pandori Nijran | 25 | | JR/JAL/E/10 | Adampur to Narur via Rehana Jattan, Padiana, Daroli Bridge | 25 | | JR/'JAL/E/l 1 | Adampur to Padhiana via Daroli | 25 | | JR/JAL/E/12 | Adampur to Palahi via Haripur, Khichipur | 25 | | JR/JAL/E/13 | Adampur to Rehana Jatan via Daroli | 22 | | JR/JAL/E/I4 | Adampur to Toderpur via Daroli Damunda Kaleran, Mehtiana | 25 | | JR/JAL/E/15 | Apra to Phagwara via Lohgarh Lalian Johal Chack | 24.5 | | JR/JAL/E/16 | Behram to Goraya via Chack Ramu | 25 | | JR/JAL/E/17 | Behram to Goraya via Chack Ram u, Bharo Majara, Aujla, Masani, Llalion, Bakpind | 25 | | JR/JAL/E/18 | Bhogpur to Behram via Tandi Granthian, Bachoi Raipur | 23 | | JR/JAL/E/19 | Bhogpur to Kandola Jattan via Cholang Khurd, Saran, Benchan | 25 | | JR/JAL/E/20 | Bhogpur to Bullowal via Nangal Khurd, Manak Deri | 20 | | JR/JAL/E/21 | Bhogpur to Cholang via Moga, Madhopur, Rastgo, Chamiari, Khal Kalan | 15 | | JR/JAL/E/22 | Bhogpur to Jhansa via Tandi | 23 | | JR/JAL/E/23 | Bus Stand to Madara via Rly. Station, PTK Bye Pass, Dhogri | 19.5 | | JR/JAL/E/24 | Bus Stand to Surnussi via BMC Chowk, G.N.M. Chowk, NKD Chowk, Pb./Roadways, DAV Collage, Maqsudan | 11 | | JR/JAL/E/25 | Goraya to Apra Lassara via Samrari, Dialpur, Dhak Majara | 25 | | JR/JAL/E/26 | Goray a to Apra via Dosanj Phatak, Kang Jagir Jagu | 17.5 | | JR/JAL/E/27 | Goraya to Lassara via Silkiyan, Dyaipur, Dhak Majara | 15 | | JR/JAL/E/28 | Goraya to Bakhlaur via Masani, Barapind | 25 | | JR/JAL/E/29 | Goraya to Bandala via Jand, Jajakalan, Jalowali Rurka Kalan | 22 | | JR/JAL/E/30 | Goraya to Bilga via Sang Dhesian Rurka Kalan, Pasla Mowai | 18 | | JR/JAL/E/31 | Goraya to Dosanjh Kalan via Mahal | 18 | | JR/JAL/E/32 | Goraya to Gunachaur via Mukandpur | 25 | | JR/JAL/E/33 | Goraya to Mukandpur via Rurka Khurd | 2( | | JR/JAL/E/34 | Ibban to Jalandhar via Khanpur | 2- | | JR/JAL/E/35 | Jalandhar to Baler Khanpur via Footbal Chowk Sabji Mandi | 25 | | JR/JAL/E/36 | Jalandhar to Haripur via Rama Mandi | 25 | | JR/JAL/E/37 | Jalandhar to Raiiimpur via BMC Chowk, Shastri Market, Rly. Station Bye Pass Chowk, Kahanpur, Nurpur | 24 | | JR/JAL/E/38 | Jalandhar to Bhatija via BMC Chowk. Shastri Market, Rly, Station PTK, Bye Pass Chowk, Balian Pind, Mokha Kala Bahian | 24 | | JR/JAL/E/39 | Jalandhar to Chamiara via Basti Guja | 13 | | JR/JAL/E/40 | Jalandhar to Dharsdaur via Rama Mandi, Jandu Singha | 25 | | JR/J AL/E/41 | Jalandhar to Fazalpur via Basti Bawa Khel | 25 | | JR/JAL/E/42 | Jalandhar to Iserwal via PAP, Larnba Pind, Fateh Khan, Nauli | 25 | | JR/JAL/E/43 | Jalandhar to Jandu Singh via Rama Mandi | 20 | | JR/JAL/E/44 | Jalandhar to Kala Bahian via DAV College | 24 | | JR/J A L/E/45 | Jalandhar to Kala Sanghian via Maiko Tarar | 22 | | JR/JAL/E/46 | Jalandhar to Kala Sanghian via PNB Chowk Jyoti Chowk | 19 | | JR/JAL/E/47 | Jalandhar to Kot Karar Khan via BMC Chowk, Company Bagh | 22 | | JR/J A [./E/48 | Jalandhar to Kotli Jamit Singh via Rama Mandi | 25 | | JR/JAL/E/49 | Jalandhar to Lambra via Alipur, Mithanur Foolpur ¡¯ | 20 | | JR/JAL/E/50 | Jalandhar to Mussapur via Rama Mandi | 19.5 | | JR/J A L/E/51 | Jalandhar to Madara via Rly. Station, Doaba Chowk, Bye Pass | 20 | | JR/JAL/E/52 | Jalandhar to Mustfapur via Rly. Station | 24.5 | | JR/JAL/E/53 | Jalandhar to Nijjran via G.N.M. Chowk | 23 | | JR/JAL/E/54 | Jalandhar to Naugajja via BMC Chowk, Doaba, PNB Chowk, Noorpur | 23 | | JR/JAL/E/55 | Jalandhar to Pattar Kalan via Kapurthala Chowk | 23 | | JR7JAL/E/56 | Jalandhar to Randhawa Masandan via Rly. Station, Nurpur | 23 | | JR/JAL/E/57 | Jalandhar to Rani Batti via BMC Chowk, Rly. Station | 22 | | JR/JAL/E/58 | Jalandhar to Sikanderpur via Shastri Market | 20 | | JR/JAL/E/59 | Jalandhar to Sarhali via Rama Mandi, Cantt. Sofipind | 22 | | JR/JAL/E/60 | Jalandhar to Ucha via Rama Mandi Chowk, Tallan | 25 | | JR/JAL/E/61 | Jandiala to Bilga via Sidhwan | 19 | | JR/JAL/E/62 | Kaki Pind to Rly. Station via BSF Chowk, Bus Stand | 20 | | JR/JAL/E/63 | Kartarpur to Jandu Singh via Kishangarh | 22 | | JR/JAL/E/64 | Kartarpur to Panchranga via Jande Sarai | 24 | | JR/JAL/E/65 | Kartarpur to Subhanpur via Tahli Sahib | 16 | | JR/JAL/E/66 | Kishangarh to Adampur via KalaBakra | 19 | | JR/JA1./E/67 | Kishangarh to Bholath via KalaBakra | 24 | | JR/JAL/E/68 | Kudowal to Kartarpur via Ishpur | 13 | | JR/JAL/E/69 | Kuiaran to Shahkot via Talwandi Madho | 19 | | JR7JAL/E/70 | Lambra to Kala Sanghian via Kaiyanpur | 16 | | JR/JAL/E/71 | Lambra-Rly. Station via Wadala Chowk, Phase 1 and II Garha PNB Chowk, | 22 | | JR/JAL/E/72 | Lohian to Gidderpindi via Sidhupur | 22 | | JR/JAL/E/73 | Mao Sahib to Goraya via Khepa, Partapra, Adda Begampur, Haripur, Muthada Khurd, Nawanpind, Atti | 24.5 | | JR/JAL/E/74 | Nakodar to Bagga via Gandhra Nawanpind | 24 | | JR/JAL/E/75 | Nakodar to Budhanwai via Mehatpur | 25 | | JR/JAL/E/76 | Nakodar to Dandowai via Pandori Mandiala, Salema | 24 | | JR/JAL/E/77 | Nakoda to Jamsher via Shapur, Chack Kalan, Chhota Bajuha Pandori Karjhiwaia, Diwali | 25 | | JR/JAL/E/78 | Nakodar to Lambra via Hussainpur, Talwandi, Singhpura Lalian | 20 | | JR/JAL/E/79 | Nakodar to Kala Sanghian via Tut Kalan | 18 | | JR/JAL/E/80 | Nakodar to Khiva via Hussainpur | 25 | | JR/JAL/E/81 | Nakodar to Kot Badal Khan via Haripur | 19 | | JR/JA1./E/82 | Nakodar to Kulara Adda via Mallian Kalan | 25 | | JR/JAL/E/83 | Nakodar to Malsian via Balhukmi Lidhran, Bhagu Kotla | 22 | | JR/JAL/E/84 | Nakodar to Malsian via Malian Khurd | 22 | | JR/JAL/E/85 | Nakodar to Mehsampur via Aulakh | 23 | | JR/JAL/E/86 | Nakodar to Sangowal via Mehatpur Billa Ranipur | 24 | | JR/JAL/E/87 | Nakodar to Sutlej River Bandh via Sugar Mill | 22 | | JR/JAL/E/88 | Nakodar to Taiwan via Mehatpur | 24 | | JR/JAL/E/89 | Nakodar to Talwandi Madho via Balhukmi Lathran | 25 | | JR/JAL/E/90 | Nakodar to Tanda Urra via Aulakh | 23 | | JR/JAL/E/91 | Noonnehal to Gag Tagara via Taiwan | 24 | | JR/JAL/E/92 | Noonnehal to Sanghowal via Taiwan | 22 | | JR/JAL/E/93 | Nurmehal to Fatehgarh via Dandola Kalan | 24 | | JR/JAL/E/94 | Pandori Raj Putan to Jalandhar via Shanker Johal Churian, Dhaliwal | 25 | | JR/J A I./E/95 | Phagwara to Apra via Dosnajh Kalan | 25 | | JR/JAL/E/96 | Phillaur to Chack Des Raj via Shababad, Basowal, Tehang, Majara Kang Jagir, Apra, Dhuleta Johal | 25 | | JR/JAL/E/97 | Phillaur to Gunachaur via Nagar, Khanpur, Apra | 24 | | JR/JAL/E/98 | Phillaur to Moran via Fail an | 23 | | JR/J A L/E/99 | Phillaur to Mukandpur via Nagar | 25 | | JR/JAL/E/100 | Phillaur to Taiwan via Mao Sahib | 18 | | JR/JAL/E/101 | Rama Mandi to Jandiala via Sansarpur | 19 | | JR/JAL/E/102 | Rama Mandi to Manko via Jandu Singha, Kapur Pind, Naurangpur, Dhandur, Daroli | 25 | | JR/JAL/E/103 | Randhawa to Adampur via Jandu Singha | 25 | | JR/JAL/E/104 | Sadar Bajar Rly. Station via Bus Stand, Shastri Market | 16 | | JR/JAL/E/105 | Sarhali to Jalandhar via Daduwal, Raiwal | 25 | | JR/JAL/E/106 | Shahkot to Domana via Saranwali, Zafarwal | 22 | | JR/JAL/E/107 | Shahkot to Fatehpur Bhagwan via Salich, Manakpur, Nawanpind, Punnian, Kamalpur | 21 | | JR/JAL/E/108 | Shahkot to Kularan via Isewai Rupewal | 23 | | JR/JAL/E/109 | Shahkot to Sangowal via Budhanwal | 25 | | JR/JAL/E/110 | Shahkot to Sidhupur via Lasuri | 25 | | JR/JAL/E/111 | Shanker to Mithapur Chungi via Model Town | 23 | | JR/JAL/E/112 | Sura Nussi to Jandu Singh via Maqsudan, Patel Chowk, district Jail, Civil Hospital, PNB Chowk, Rly. Station, Kishanpura, Lamba Pind, Chowk | 24 | | JR/JAL/E/113 | Thabalke Rly. Station to Jalandhar via Lambra | 25 | | JR/JAL/E/114 | Wadala Kalan to Kartarpur via Wadala Khurd, Khaii Kot | 21 | | JR/JAL/E/115 | Jalandhar to Mirpur via Maqsudan, Bidhipur. Srai Khas, Helar | 23 | | JR/JAL/E/116 | Jalandhar to Kohala via Joyti Choswk, Bassti Adda, Basti Nau, Chamiara, Authola | 23 | | JR/JAL/E/117 | Nakodar to Kot Badal Khan via Adhi Khui, ¡ö Sidhwan Natt, Uppal | 21 | | | Kapurthala | | | JR/KPT/E/1 | Bogowai to Subhanpur via N'adala | 24 | | JR/KPT/E/2 | Bogowal toAlampur via Jalalapur, Baddi, Miani | 22 | | JR/KPT/E/3 | Bogowai to Santpur Kothe via Miani | 20 | | JR/KPT/E/4 | Dhilwan to Ucha via Bhandal Suiakhpur, Saiflabad | 21 | | JR/KPT/E/5 | Ham ira to Ibrahim wal via Minan Dhirpur, Kudowal Mana Talwandi, Nadala, Raipur Arian, Hambowal | 23 | | JR/KPT/E/6 | Kapurthala to Kbusropur via Sidhwan | 19 | | JR/KPT/E/7 | Kapurthala to Masitan via Hassainpur | 23 | | JR/KPT/E/8 | Kapurthala to Khassan via Hamira | 22 | | JR/KPT/E/9 | Kapunhala to Mothanwala via Khera Mandir, Karal Bhano Langa, Togawala, Shalapur | 25 | | JR/KPT/E/10 | Kapurthala to Sandhu Chatha via Siadowal | 18 | | JR/KPT/E/11 | Kapurthala to Dhaliwal Bet via Aiadinpur, Bhandal Bet | 24.5 | | JR/KPT/E/12 | Kapurthala to Haibaipur via Subhanpur Jai Rampur | 22 | | JR/KPT/E/13 | Kapurthala to Kala Sanghia via Aujala Kot Gobindpur, Sidhpur, Balerkhanpur | 25 | | JR/KPT/E/14 | Kapurthala to Kairu via Durgapur up to Masitan | 23 | | JR/KPT/E/15 | Kapurthala to Kulara via Khera Mandir Karal Bhano Langa | 25 | | JR/KPT/E/16 | Kapurthala to Kulara via Taiwandi Mehma Rajpur Kesho Gehl | 24 | | JR/KPT/E/17 | Kapurthala to Nadala via Subhanpur | 23 | | JR/KPT/E/18 | Kapurthala to Tibba via Kheranwali Dulowali Thatha, Boolpur | 24 | | JR/KPT/E/19 | Kapurthala to Tibba via Shekhopur Bhagwanpur, Jhugian Gulam Gopipur | 23 | | JR/K PT/E/20 | Kapurthala to Tibba via Hussainpur, Patti Nabi, Boolpur | 24 | | JR/KPT/E/21 | Kapurthala to Pajian via Sheikhpur Khera Mandir, Mithapur Talwandi Karal Nau A bad | 23 | | JR/KPT/E/22 | Nadala to Bholath via Ibrahimwal, Talwandi, Kuka, Masqsoodpur, Raipur, Peer Bax | 21 | | JR/KPT/E/23 | Phagwara to Behrm via Bir Pahd, Akalgara,Saugatpur, Pharala | 20 | | JR/KPT/E/24 | Phagwara to Ishpur via Khati, Khurampur,Chack Prema | 25 | | JR/KPT/E/25 | Phagwara to Wahad via Jasso Mazara, Pharala Manak Dheri | 22 | | JR/KPT/E/26 | Piiagwara to Ajnoha via Khalwara, Pandori, Ghumana Manka, Nadalon | 25 | | JR/KPT/E/27 | Phagwara to Ajnoha via Dhak Balnon | 23 | | JR/KPT/E/28 | Phagwara to Bhungmi via Rawalpindi, Rehana Jattan, Bhagana | 22 | | JR/KPT/E/29 | Phagwara toBilga via Bhanoki, Thaker Ki Jagatpur, Rurki, Mowai | 25 | | JR/KPT/E/30 | Phagwara to Bundala via Chachoki, Jagatpur, Jattan, Rurki, Kahna Desian | 23 | | JR/KPT/E/31 | Phagwara to Charan via Wazidowal, Mehli, Burge | 20 | | JR/KPT/E/32 | Phagwara to Cheema Gate via Sunar, Rajputan, Darvesh Pind, Bundala | 22 | | JR/KPT/E/33 | Phagwara to Domeli via Palahi, Ranipur, Jagpalpur. Babel i, Bhabiana | , 25 | | JR/KPT/E/34 | Phagwara to Domeli via Rawalpindi, Mirapura, Gujrata | 22.5 | | JR/KPT/E/35 | Phagwara to Gunachaur via Dosanjh Kalan, Sarhal Mundi, Bulowal, Hakimpur, Mukandpur | 25 | | JR/KPT/E/36 | Phagwara to Mowai via Thakarki, Bhanoki Jagatpur Jattan, Rurka Kalan, Pasla | 24.5 | | JR/KPT/E/37 | Phagwara to Mukandpur via Dosanjh Kalan, Sarhal Mundi, AujlaBalowal, Rehpa, Jagatpur | 22 | | JR/KPT/E/38 | Phagwara to Mukandpur via Mehli Mandali | 22 | | JR/KPT/E/39 | Phagwara to Mukandpur via Shivpuri, Khothran, Jadli, Kotli Dosanjh Kalan | 23 | | JR/KPT/E/40 | Phagwara to Mukhliana via Ralwalpindi Rehana Jattan, Bhungrni | 25 | | JR/KPT/E/41 | Phagwara to Panchata via Narur | 24 | | JR/KPT/E/42 | Phagwara to Rehana Jattan via Palahi Ranipur, Bhabiana | 24 | | JR/KPT/E/43 | Phagwara to Ruka Kalan via Hadiabad, Darvesh Pind, Sarhli Nathewal, Kahna Dhesian | 22 | | JR/KPT/E/44 | Phagwara to Samrari via Khothran, Jadli | 25 | | JR/KPT/E/45 | Phagwara to Talhan via Ranipur, Palahi | 20 | | JR/KPT/E/46 | Subhanpur to Bholath via Nadala | 17 | | JR/KPT/E/47 | Subhanpur to Bholath via Raipur Rajputan Bhusewal, Damulian | 20 | | JR/KPT/E/48 | Subhanpur to Nadda via Ibrahimwal, Ghug Mand | 18 | | JR/KPT/E/49 | Sultanpur to Masitan via Dadwindi | 24 | | JR/KPT/E/50 | Sultanpur Lodhi to Bahupur via Jabo Sudhar Paramjit Pur | 18 | | JR/KPT/E/51 | Sultanpur to Boolpur via Mulakwal | 18 | | JR/KPT/E/52 | Sultanpur to Wadali, Harnampur, Meera Khokar Masitan, Kalru | 23 | | JR/KPT/E/53 | Sultanpur to Kabirpur via Kotli Kalan | 20 | | JR/KPT/E/54 | Nadala to Kapurthala via Subhanpur | 22 | | | Amritsar | | | JR;ASR/E/1 | Ajnala to Chogawan via Isepur, Tahli Sahib | 21 | | JR'ASR/E/2 | Ajnala to Chogawan via Othian | 21 | | JR/ASR/E/3 | Ajnala to Ghoga via Talwandi Rai, Awan | 20.5 | | JR/ASR/E/4 | Ajnala to Guru Ka Bagh via Jhander, Tera Kiampur | 16 | | JR/ASR/E/5 | Ajnala to Sarangdeo via Jagdev Khurd. Balarwal | 17 | | JR/ASR/E/6 | Ajnala to Sarangdeo via Talwandi, Granthgarh | 13 | | JR/ASR/E/7 | Ajnala to Talwandi Nahar via Nanoke, Sudhar | 24.5 | | JR/ASR/E/8 | Amritsar to Kotli Nasir Khan via Fatehpur, Sangran | 20 | | JR/ASR'E/9 | Amritsar to Baba Budha Sahib via Chhehretta | 25 | | JR/ASR/E/10 | Amritsar to Bohru via Chhehretta | 16 | | JR/ASR/E/11 | Amritsar to Chabal via Chhehreatta, Kotli San Sahib, Dhand Kasel, Bir Baba Budha Sahib | 25 | | JR/ASR/E/12 | Amritsar to Behla via Chattiwind, Girwali Chaba, Varpal, Vanchari | 21.5 | | JR'ASR/E/13 | Amritsar to Chabal via Iban, Bohru | 23 | | JR/ASR/E/14 | Amritsar to Chabal via Khairdin, Thatha | 22 | | JR/ASR/E/15 | Amritsar to Chabal via Sangna | 22 | | JR/ASR/E/16 | Amritsar to Chogawan via Ram Tirath | 22 | | JR/ASR/E/17 | Amritsar to Dhattal via Ghumanpur, Baserke | 25 | | JR/ASR/E/18 | Amritsar to Dhand Kasel via Dhar, Fatehpur, Khopar, Khairdin | 20 | | JR/ASR/E/19 | Amritsar to Deo Bath via Daburji, Rampur Jhetta Kalan, Bundala, Pakhoke | 20 | | JR/ASR/E/20 | Amritsar to Jagdev Kalan via Mirankot Loharka | 22 | | JR'ASR/E/21 | Amritsar to Jheeta Kalan via Chatiwind, Mehma Pandori | 20 | | JR/ASR/E/22 | Amritsar to Kasel via Chhehretta, Baserke, Gillan, Dhand | 25 | | JR/ASR/E/23 | Amritsar to Khatrai Kalan via Distt. Courts. Gumtala, Mirankot, Loharka, Mallon Nangal, Jagdev Kalan | 23 | | JR/ASR/E/24 | Amritsar to Mahdipur via Chetanpura | 23 | | JR/ASR/E/25 | Amritsar to Nangal Panuan via Tugalwal, Ganda Singh wala, Nag Kalan | 20 | | JR/ASR/E/26 | Amritsar to Nawanpind via Sangat Pura | 25 | | JR/ASR/E/27 | Amritsar to Panjwar via Iban, Kharidin, Thatha, Chabal | 25 | | JR/ASR/E/28 | Amritsar to Raj pur via Vallah, Fatehpur | 20 | | JR'ASR/E/29 | Amritsar to Ram Tiratli via Putlighar, Mahal, Bauli | 14.9 | | JR/ASR/E/30 | Amritsar to Sagna via Chabba, Mandiala | 20 | | JR/ASR/E/31 | Amritsar to Sangat pura via Sant Sukha Singh Chowk, Guru Nanak Hospital, Tung Bye Pass, Pandori Nag, Nangal Panuan, Sohian, Chetanpura | 25 | | JR'ASR/E/32 | Amritsar to Sangatpura via Chetanpura | 22 | | JR/ASR/E/3 3 | Amritsar to Sarai Amanat Khan via Fatehpur, Sangana, Dhand, Kasel | 25 | | JR/ASR/E/3 4 | Amritsar to Sohal Havelian via Chabal Bohru | 25 | | JR/ASR/E/3 5 | Attari to Rani an via Bachiwind, Pandori, Kakkar | 16 | | JR/ASR/E/3 6 | Baba Bakala to Mehta via Thathian, Sathiala Butala, Shapur, Rayya | 23 | | JR'ASR/E/37 | Baba Bakala to Bohja via Thathian | 22 | | JR/ASR/E/3 8 | Baba Bakala to Boparai via Sathiala, College, Gaggar Bhana, Butter Mehta | 24 | | JRASRE/39 | Baba Bakala to Khajala via Kaler, Saidpur, Rayya | 24 | | JR/ASR/E/40 | Beas to Ghuman via Bal Sarai, Jodhe, Butala, Mirpur, Dera Baba Jaimal Singh | 21 | | JR/ASR/E/41 | Beas to Ghuman via Butala, Kartarpur, Jhotta | 23 | | JR/ASR/E/42 | Beas to Sheron Bagga via Baba Jaimal Singh Bal Sarai | 23 | | JR/ASR/E/43 | Bhikhiwind to Dail via Pahuwind | 18 | | JR/ASR/E/44 | Bhikhiwind to Kalia Skatra via Algon, Amarkot, Cheema, Dhal | 23 | | JR'ASR/E/45 | Bhikhiwind to Kalsian via Khalra | 20 | | JR/ASR/E/46 | Bhikhiwind to Chabhai via Mari Megha | 22 | | JR/ASR/E/47 | Bhikhiwind to Marri Kamboke via Darajke | 18 | | JR/ASR/E/48 | Bhikhiwind to Rajoke via Algon Kothi, Amarkot | 22 | | JR/ASR/E/49 | Bhikhiwind to Rajoke via Bhaini, Basarke, Bhoma, Bagha | 22 | | JR/ASR/E/50 | Bhikhiwind to Thathi Jaimal Singh via Algon Kothi Dholan | 22 | | JR/ASR/E/51 | Bhikhiwind to Wan Tara Sngh via Baserke | 23 | | JR/ASR/E/52 | Bhikhi winder to Bhuchar via Narla, Khalra, Narli, Chhina Bidhi Chand | 23.1 | | JR/ASR/E/53 | Bundala to Amritsar via Jhita Kalan, Rampura, Daburji, Dera Sheikh Fatta | 25 | | JR/ASR/E/54 | Chabhai to Attari via Gandiwind, Mohawa | 25 | | JR/ASR/E/55 | Chabhai to Attari via Raja Tal | 20 | | JR/ASR/E/56 | Chabhai to Chheratta via Bir Sahib | 20 | | JR/ASR/E/57 | Chabhai to Mari Kamboke via Sur Singh, Bhikhiwind, Gagobua | 22.1 | | JR/ASR/E/58 | Chabhai to Mari Mega via Havelian Bhikhiwind Sur Singh, Gago Bua | 20.1 | | JR/ASR/E/59 | Chabhai to Naushera Dalla via Gandiwind | 22 | | JR/ASR/E/60 | Chabhai to Rasulpur via Gandiwind | 15 | | JR/ASR/E/61 | Chamba Kalan to Patti via Chohia Sahib, Sarhali Kalan | 24 | | JR/ASR/E/62 | Chheratta to Chabhai via Guru Ki Wadali, San Sahib, Basarke, Dhand Kasel, Mianpur, Baba Budha | 20 | | JR/ASR/E/63 | Chogawan Bhindian via Lopoke | 18 | | JR'ASR/E/64 | Chogawan to Attari via Chawinda | 19 | | JR/ASR/E/65 | Chogawan to Bachiwind via Attari | 20 | | JR/ASR/E/66 | Chogawan to Dag Toot via Maleke | 22 | | JR'ASR/E/67 | Chogawan to Guru Ka Bagh via Kukranwala, Harsha Chhina, Bhitewad, Bhullar | 21 | | JR/ASR/E/68 | Chogawan to Ranian via Lopoke | 22 | | JR'ASR/E/69 | Dera Baba Jaimal to Kartarpur Jhootha via Sarai, Jodhe, Butala and Mirpur | 21 | | JR/ASR/E/70 | Gandiwind to Fatehabad via Chohia Sahib | 22 | | JR/ASR/E/71 | Ghuman to Beas via Dakoha | 23 | | JR/ASR/E/72 | Ghuman to Beas via Dakoha, Dharewali, Kartarpur, Butala, Sathiala, Baba Bakala, Rayya More | 25 | | JR/ASR/E/73 | Goindwal to Chohia Sahib via Dera Sahib | 22 | | JR/ASR/E/74 | Goindwal to Sarhali via Chohia Sahib | 25 | | JR/ASR/E/75 | Jandiala to Dadian Kaler via Dashmesh Nangal Kathunangal | 25 | | JR/ASR/E/76 | Jandiala to Kathu Nangal via Dashmesh Nagar, Raipur, Khajala, Daduana, Talwandi, Dasonda | 24 | | JR/ASR/E/77 | Jandiala to Khadoor Sahib via Nagoke | 25 | | JR/ASR/E/78 | Jandiala to Khajala via Gehri | 18 | | JR/ASR/E/79 | Jandiala to Tahli Sahib via Gehri, Gadli and Mallowal | 18 | | JR/ASR/E/80 | Jhabhal to Amritsar via Khairdin Ke, Thathgarh Sangna | 24 | | JR/ASR/E/81 | Karmuwala to Goindwal via Chohia Sahib, Dera Sahib | 25 | | JR/ASR/E/82 | Khadoor Sahib to Rayya via Nagoke | 25 | | JR./ASR/E/83 | Khadoor Sahib to Fatehabad via Goindwal, Dhunda, Jhander | 17 | | JR/ASR/E/84 | Kliadoor Sahib to Rayya via Nagoke, Rattangarh, Khalchian | 23 | | JR/ASR/E/8 5 | Khalchian to Mianwind via Rattangarh, Nagoke | 23 | | JR/ASR/E/8 6 | Khalchian to Tarsika via Butari | 21 | | JR/ASR/E/87 | Khalchian to Verowal via Rattangarh, Mianwind, Khadoor Sahib | 21 | | JR/ASR/E/8 8 | Khem Karan to Kot Budha via Toot Bhangala | 20 | | JR/ASR/E/89 | Khem Karan to Muthianwala via Rattoke, Gujjar, Bhangala | 20 | | JR/ASR/E/90 | Kukranwala to Fatehgarh Churian via Guru Ka Bagh, jhander Hardo Putli | 24 | | JR/ASR/E/91 | Kukranwala to Fatehgarh via Guru Ka Bagh | 20 | | JR/ASR/E/92 | Majitha to Aliwal via Bhangali Kalan, Riali, Talwandi | 24 | | JR/ASR/E/93 | Majitha to Chawinda Devi via Kaler, Kathu Nagal | 24 | | JR/ASR/E/94 | Majitha to Sangra via Sahion, Sangat Pura, 23 Machhi Nangal, Jhander Kotla, Guru Ka Bagh | | | JR/ASR/E/95 | Majitha to Talwandi via Athwal, Kotla Sultan Singh Bhangali | 25 | | JR/ASR/E/96 | Majitha to Tahli Sahib via Dadia Kaler, Kathu Nangal Chawinda Devi Sarhala Bagga | 25 | | JR/ASR/E/97 | Matewal to Baha Bakala via Nath Di Khui | 25 | | JR/ASR/E/98 | Mehta-Rayya via Jalal Usman | 21 | | JR/ASR/E/99 | Mehta to Kathu Nangal via Boparai, Tahli Sahib, Chawinda Devi | 24 | | JR/ASR/E/100 | Mehta to Udhoke via Sathiala, Boparai, Ram Diwali | 23.2 | | JR/ASR/E/101 | Panj Grain to Ajnala via Sohal, Malikpur, Gagomahal | 25 | | JR/ASR/E/102 | Patti to Harike via Patti Mour, Kirtowal | 25 | | JR/ASR/E/103 | Patti to Algon Kothi via Mour chuslewar, Manakpur, Akbarpura, Margindpura | 24.5 | | JR/ASR/E/104 | Patti to Amarkot via Chuslewar Mour, Valtoha | 25 | | JR/ASR/E/105 | Patti to Bhikhiwind via Assal Bhagu | 25 | | JR/ASR/E/106 | Patti to Bhikhiwind via Chuslewar, Dialpur | 25 | | JR/ASR/E/107 | Patti to Bhikhiwind via Kulla Manihala | 23 | | JR/ASR/E/108 | Patti to Chamba via Burj, Sarhali Kalan | 24 | | JR/ASR/E/109 | Patti to Chohia Sahib via Burj Sarhali | 20 | | JR/ASR/E/110 | Patti to Harika via Bhaini, Saidpur, Burj | 25 | | JR/ASR/E/111 | Patti to Harika via Nabipur | 23 | | JR/ASR/E/112 | Patti to Harika via Pringri, Jandowal, Burj | 24 | | JR/ASR/E/113 | Patti to Killa via Patti Mour, Modal, Talwandi Sobha Singh, Mehar Singh | 24 | | JR/ASR/E/114 | Patti to Kot Budha upto Bhangala | 22 | | JR/ASR/E/115 | Patti to Makhi Kalan via Bahmniwal, Bath, Ghurkwind, Dialpur | 17 | | JR/ASR/E/116 | Patti to Naushere Panuan via Anandpur | 25 | | JR/ASR/E/117 | Patti to Sabhra via Chuslewar Mour, Sangwan, Bhagupur, Jyoti Shah | 23 | | JR/ASR/E/118 | Patti to Sur Singh via Bahmni wala, Ahmedpur, Sugga | 23 | | JR/ASR/E/119 | Patti to Gharka via Burj Rai Ke, Sarhali | 20 | | JR/ASR/E/120 | Patti to Valtoha via Patti Mour, Varnala | 22 | | JR/ASR/E/121 | Rayya to Khadoor Sahib via Mianwind, Khalchian | 25 | | JR/ASR/E/122 | Rayya to Khadoor Sahib via Pheruman, Jalalabad | 23 | | JR/ASR/E/123 | Rayya to Mehta via Jalal Usman | 21 | | JR/ASR/E/124 | Shabahajpur to Bhikhiwind via Dialpur, Ghurkwind | 25 | | JR/ASR/E/125 | Sheron Dhun Dhaiwala to Rayya via Jalal Butala, Sathiala, Thathian, Baba Bakala | 24.5 | | JR/ASR/E/126 | Sheron to Karmuwala via Chohia Sahib | 22 | | JR/ASR/E/127 | Tanda to Tam Taran via Toot, Dhotian | 23 | | JR/ASR/E/128 | Tarn Taran to Goindwal via Kang | 25 | | JR/ASR/E/129 | Tarn Taran Adda Nurdi to Dialpur via Daleke Sabaipur | 24.8 | | JR/ASR/E/130 | Tam Taran to Bahmniwala via Palasour, Manochahal, Shahbazpur, Bath | 24.5 | | JR/ASR/E/131 | Tam Taran to Dialpur via Palasaur, Daleke, Shabajpur, Ghurkiwind, Sur Singh | 24 | | JR/ASR/E/132 | Tam Taran to Dhun Dhaiwala via Sheron,Pambra, Chohia Sahiob | 25 | | JR/ASR/E/133 | Tarn Taran to Buchar via Palasaur,Saghipur, Bhaini | 22 | | JR/ASR/E/134 | Tarn Taran to Chabal via Jamastpur, Bhojian, Panjwar | 18 | | JRASR/E/135 | Tarn Taran to Chabal via Kot Nurdi | 18 | | JR/ASR/E/136 | Tarn Taran to Dharar via Khabe, Bagrian, Pakhoke, Sheikh Fatta | 23 | | JR/A SR/E/137 | Tarn Taran to Gago Bua via Dale Ke, Chack Sikander | 22 | | JR/ASR/E/138 | Tam Taran to Gandiwind via Bath Kalan Khadoor Sahib ram | 25 | | JR/ASR/E/139 | Taran to Goindwal via Sanga | 24 | | JR/ASR/E/140 | Tam Taran to Kairon via Walipur, Mughal Chak | 23 | | JR'ASR/E/141 | Tam Taran to Khadoor Sahib via Bath | 18 | | JR/ASR/E/142 | lam Taran to Munda Pind via Sheron | 24.5 | | JR/ASRE/143 | Tam Taran to Raja Tal via Chabal | 21 | | JR/ASR/E/144 | Tam Taran to Sarli Kalan via Muradpur, Pandori, Bath, Akaigarh, Takhtu Chak, Sarhali Khurd | 18 | | JRASR/E/145 | Tarn Taran to Sheikh Fatta via Bundala, Pakhoke | 20 | | JR/ASR/E/146 | Tam Taran to Sheikh Fatta via Mallian, Kadgil, Bagrian, Pakhoke | 18 | | JR/ASR/E/147 | ASR to Afgana Kalan via Sultanwind | 22 | | JR/ASR/E/148 | Mehta to Qadian via Ghuman | 23 | | JR/ASR/E/149 | Rayya to Khajala via Khalchian, Kaleke, Jaspal, Mehsampur, Bhatike, Tarsika | 22 | | JR/ASR/E/150 | Anjala to Punj Garain via Gago Mahal, Thoba, Malakpur, Nangal Behal | 23 | | JR/ASR/E/151 | Amritsar to Jhite Kalan via Chatiwind. Mehma Pandori | 23 | | JR/ASR/E/152 | Tam Tarau to Sur Singh, PaLsaour Mano Chahal, Goipur, Padri | 22 | | JR/ASR/E/153 | Ghuman to Kahnuwan via Bhatiwal, Sohian Nangal, Jaura, Qadian, Kot | 21 | | JR/ASR/E/154 | Ajnala to Chetanpura via Bhkhana Tara Singh, Bhakhana Hari Singh, Panjgarain, Khatrai Kalan, Bhandal, Bachi Nagal Sangatpur | 20 | | JR/ASR/E/155 | Ajnala to Sandhbudha Sahib via Gajerpura | 25 | | JR/ASR/E/156 | Harike to Kot Budha via Booh Kutiwala, Sabrah, Dumnewal | 22 | | JR/ASR/E/157 | Mehta-Rayya via Butter, Sathiala, Baba Bakala | 21 | | JR/ASR/E/158 | Mehta Chowk to Rayya via Baba Bakala, Thathian, Butter | 24 | | JR/ASR/E/159 | Mehta to Beas via Butter | 23 | | JR/ASR/E/160 | Mehta to Beas via Butter, Gaggarbhana, Sathiala, Balsarai, Dera Baba Jaimal Singh | 25 | | JR/ASR/E/161 | Patti to Alla din pur via Rasulpur | 22 | | JR/ASR/E/162 | Rayya to Mehta via Baba Bakala, Chatiwind | 24 | | JR/ASR/E/163 | Boparai to Baba Bakala via Mehta, Sathaiala | 23 | | JR/ASR/E/164 | Tarn Taran to Katron via Rasulpur, Jaura, Lohka | 16 | | | Ferozepur | | | FR/FZR/E/1 | Jalalabad-Kala Pacca via Mannewala-Chak Ariyanwala-Mahalam-Gulam Rasulwala | 20 | | FR/FZR/E/2 | Fazilka-Ahal Bodla via Noorshah-Naulan- Gulam Rasul-Chandmari-Theh Qalander | 20 | | FR/FZR/E/3 | Ghallu-Roranwali via Katera-Kamerwala- Islamwala-Mahuana-Ghattianwali | 25 | | FR/FZR/E/4 | Jalalabad-Sarian via Bahamanwala-Chak Budhoke -Hauz Khas | 18 | | FR/FZR/E/5 | Ferozepur-Mallanwala via Arifke-Illmewala | 24 | | FR/FZR/E/6 | Ferozepur-Chugatewala via Lumbiwala- Sande Hasham-Sher Khan upto Ichewala via Dholewala | 22.5 | | FR/FZR/E/7 | Mamdot-Guruharsahi via Alfuke-Hamad- Gudder Dhandi-Megha-Pindi-Goulka | 25 | | FR/FZR/E/8 | Guruharshai-Mamdot Hithar (Ware House KGodan) via Goluka-Mattaer Uttar- Rauke-Khunder-Hazara Singhwala | 24.7 | | FR/FZR/E/9 | Abohar-Patrewala via Nihal Kera- Chuhriwala | 24 | | FR/FZR/E/10 | Fazilka-Chak Budhoke via Banwala- Jaurkiana-Hauz Khas | 25 | | FR/FZR/E/11 | Abohar-Mahuana via Nihal Khera- Bazidpur-Mahmu Khera-Kandhwala- Tahliwala | 25 | | FR/FZR/E/12 | Abohar-Ramkot via Burj Mohar-Dhani Karnail Singh-Chuharianwala- Khippanwali-Azam wala | 24.9 | | FR/FZR/E/13 | Goluka Crossing-Jalalabad (W) via Mohanke Hithar-Hazi Betu-Panjaeke Uttara-Jiwan Arian-Tillu Arian-Mahmu Joyia-Amir Khas-Kamrewala | 21.2 | | FR/FZR/E/14 | Fazilka-Chowki-Sadiqi via Asifwala- Pacca Chisti | 15 | | FR/FZR/E/15 | Jalalabad-Roranwali via Kathgarh- Paliwaia-Chak Paliwala | 23 | | FR/FZR/E/16 | Ferozepur Cantt-Chak Sarker via Khai- Mamdot | 24 | | FR/FZR/E/17 | Ferozepur-Daulatpura via Gilanwala- Hastiwala-Baggeke-Pippal-Yareshah- Bhalla | 24 | | FR/FZR/E/18 | Jalalabad-Roranwali via Mannewala- Mahlam-Vairoke | 23 | | FR/FZR/E/19 | Jalalabad-Roranwali via Tambuwala- Rohiwala-Khuranj | 23 | | FR/FZR/E/20 | Dharamkot-Khamba via Kot Ise Khan- Mastian-Fatehpur Jhugian-Didarewala- Dharam Singhwala | 23 | | FR/FZR/E/21. | Fatehgarh-Panjtoor-Dharamkot via Khamba-Tota Singhwala-Dholewala | 24 | | FR/FZR/E/22 | Ferozepur-Gatti Rajoke via Hussaniwala upto Chandiwala via Bhammewala- Tindanwala | 21.9 | | FR/FZR/E/23 | Zira-Fatehgarh Panjtoor via Shahwala | 15 | | FR/FZR/E/24 | Ferozepur-Mamdot via Khai | 24 | | FR/FZR/E/25 | Mallanwala-Makhu upto Bandala via Ruknewala | 24 | | FR/FZR/E/26 | Zira-Mallanwala via Botianwala-Kachar Bhan-Baltoha-Bhogke-Gurdittiwala | 20 | | FR/FZR/E/27 | Talwandi Bhai-Ferozeshah via Dhanna- Shahid Boyianwala-Haddanwali- Karmuwaia-Ittanwali-Mohkamwala- Chack Modike-Megha Rai | 24.2 | | FR/FZR/E/28 | Megha Rai Hitthar-Guruharsahai via Chak Madike-Megha-Rai Uttar-Pindi-Goluka | 12.8 | | FR/FZR/E/29 | Ferozepur-Basti Ram Lai via Wahka | 15 | | FR/FZR/E/30 | Ferozepur-Sodhi Nagar via Sande Hasham-Kakuwala-Ram a wal a-Hakewala-Asal-Baghel Siughwala- Shahdinwala-Dastual-Sahib-Kamagar-Ugoke-Lande Bhameba | 24 | | FR/FZR/E/31 | Kot Ise Khan -Khamba via Mandir-Qadarwala-Dharam Singhwala | 12 | | FR/FZR/E/32 | Ferozepur-Mamdot via Bareke-Machh i wara-Habib wala-Chowki-Maboke-Pajokae-Sadarke-Rahimeke | 24 | | FR/FZR/E/33 | Kot Ise Khan-Dharamkot via Cheema-Chuga | 18 | | FR/FZR/E/34 | Mallanwala-Talwandi Bhai via Bhagoke-Khosa Dal Singh | 24 | | FR/FZR/E/35 | Ferozepur-Sham Singhwala via Jhoke Hari Har-Moharanwala-Chuhar Khalchian-Chacak Sadhuwala-Tahliwala | 24.5 | | FR/FZR/E/36 | Jalalabad-Chak Khiwa via Chak Sarkar Lamochar-Phul-Mirja-Bhaini-Ghubhya- Tahliwala-Chak Tahliwala | 25 | | FR/FZR/E/37 | Kot Ise Khan-Fatehgarh Korotana via Cheema-Chugga | 16 | | FR/FZR/E/38 | Ferozepur-Jang via Adda Khai-Mehal Singh Wala-Turn-Phullarwan-Tarewala-Dod | 23 | | FR/FZR/E/39 | Mallanwala-Talwandi Bhai via Bhagoke-Khosa Dai Singh-Gogani-Holanwali-Wara Waryam Singh-Joyianwala-Boyianwala-Dhana Sahed | 24.7 | | FR/FZR/E/40 | Guruharshai-Sahankae via Goluka-Pindi-Gajniwala-Mattear-Hithar-Rauke- Hithar-Khunder-Hithar Hazara Singhwala | 24.7 | | FR/FZR/E/41 | Guruharsahai-Kathgarh via Jamalgarh-Moranwala | 22 | | FR/FZR/E/42 | Ferozepur-Khai Phemeke via Karian-Hasteke-Hussan Dutt-Dullewaia-Weghewala-Piruwala-Rodewala | 20 | | FR/FZR/E/43 | Abohar-Bishanpura via Sito-Guno | 25 | | FR/FZR/E/44 | Zira-Nilewala via Lohara Rohi-Mahianwala-Wakilanwala-Warala-Mehar Singhwala-Markhai-Kassoana | 23 | | FR7FZR/E/45 | Amiwala-Fazilka via Islamwala | 25 | | FR/FZR/E/46 | Zira-Bulloke via Malloke-Chohia-Malsian-Dhandian-Chhaba-Lohke-Kalan-Varpal-Ghudduwala-Saddarwali | 24.9 | | FR/FZR/E/47 | Zira-Masiian via Poh Windian-Kot Ise Khan | 20 | | FR/FZR/E/48 | Abohar-Burj Hanaumangarh via Gobindgarh-Kundal upto Amiwala Sheikh Suban via Dabwala Kalan | 18.9 | | FR/FZR/E/49 | Abohar-Amiwala via Burj Mohar-Roranwali | 25 | | FR/FZR/E/50 | Ferozepur Cantt-Sainiwala via Malwal-Piareana-Maan Singhwala | 22 | | FR/FZR/E/51 | Abohar-Panjkoshi via Burj Mohar-Dhani Karnail Singh-Chuharianwali | 23 | | FR/FZR/E/52 | Fazilka-Tahliwala via Dhani Kartar Singhwala-Kamalwala | 21 | | FR/FZR/E/53 | Abohar-Maujgarh via Alamgarh- Dharampura-Patti Bhela-Daibir Khere | 23 | | FR/FZR/E/54 | Zira-Khosa Dal Singhwala via Botianwala- Kachar Bhan-Markhai | 20 | | FR/FZR/E/55 | Abohar-Panjkoshi via Nihal Khera- Chuharianwali | 21 | | FR/FZR/E/56 | Abohar-Shergarh via Dharampura- Rukanpura | 20 | | FR/FZR/E/57 | Abohar-Kattianwali via Chanan Khera- Amarakot-Jhurar Khera | 23.6 | | FR/FZR/E/58 | Abohar-Shergarh via Kikker Khera- Amarkot-Jhurar Khera | 22 | | FR/FZR/E/59 | Sainwala-Mudki via Bhangear-Shakoor | 24 | | FR/FZR/E/60 | Fazilka-Tahliwala via Dhani Kartar Singh- Kamalwala | 21 | | FR/FZR/E/61 | Abohar-Jodhpur via Bahawal Bassi Kera Khera-Malookpura | 22 | | FR/FZR/E/62 | Abohar-Gaddam Dob via Chanan Khera- Bhanger | 21 | | FR/FZR/E/63 | Zira-Kot Ise Khan via Bamb-Nurpur- Masitan | 21.5 | | FR/FZR/E/64 | Talwandi Bhai-Khawga-Kharak via Lalle- Tumber-Bhan-Bhaliwala-Patli-Lohian- Bhai-Ka-Bara-Mirje ke-Kailash- Srainwali | 24.1 | | FR/FZR/E/65 | Kot Ise Khan-Jogewala via Daulewala-Mullusar | 21 | | FR/FZR/E/66 | Kot Ise Khan-Jogewala via Daulewala- Mall u-Shah-Bukkar | 21 | | FR/FZR/E/67 | Abohar-Dhinganwali via Amalgarh- Khui Khera-Waryam Khera | 25 | | FR/FZR/E/68 | Ferozepur-Karmuwala via Sherkhan- Kuigari-Sodhinagar-Qada Bora | 24.6 | | FR/FZR/E/69 | Roranwali-Ladhuwala via Chak Rohiwala- Khuranj-Roranwali-Raunta Khera-Jan isar-Sohl ewal a | 20 | | FR/FZR/E/70 | Dharamkot-Talwandi Mallian via Lohgarh-Bhunder Kalan-Kokri Behniwal-Kokri Buttran | 25 | | FR/FZR/E/71 | Ferozepur Cantt-Ittanwali via Malwala- Piarana-K am agar-Uggoke-Bhamba- Landa-Ferozeshah | 23.8 | | FR/FZR/E/72 | Zira-Nare via Gadhriwala-Pherika- Mehar Singh Wala-Markhai-Khosa Dal Singhwala-Kothe-Bhorewala- Kohaia-Mallanwala | 25 | | FR/FZR/E/73 | Jalalabad-Chak Pakhi¡® via Rairmwala- Kot-Faranghian-Bahminiwala-Chak' Sotrian-Chak Kherewala-Chak Lakhewali- Chapriwala-Hauz Khas | 20 | | FR/FZR/E/74 | Talwandi Bhai-Kot Ise Khan via Sekhwan- Pandori-Khatrian-Longo Deva-Chuhar Chak-Umriana-Behkhandi-Randiala- Datewala | 24.9 | | FR/FZR/E/75 | Ladhuka Bus Stand-Jalalabad via Mandi Ladhuka-C hak Panni wal a-S ingh wal a- Chak Singhwala-Kherawala | 22 | | FR/FZR/E/76 | Dharamkot-Kanian Kalan via Ferozewal- Barha Do Burji-Jindra-Chak Tare wal a- Chak Fatehpur-Mannian-Chak Kanian Kalan | 25 | | FR/FZR/E/77 | Fazilka-Kaurianwali via Abhun-Patti Puran Tahliwala Bodla-Katnalwala-Kandwaia-Hazarkhan | 25 | | FR/FZR/E/78 | Abohar-Dhab Kokrian via Bhawal Basti-Kera Khera | 20 | | FR/FZR/E/79 | Dharamkot-Kot Ise Khan via Bajaka-Dholiwaia-Brahmeke-Mastian | 24 | | FR/FZR/E/80 | Fazilka-Kheowali via Sureshwala-Sabuana-Bandiwala-Nawan Siviana | 22 | | FR/FZR/E/81 | Fazilka-Nawan Sivian via Sureshwala-Sabuana-Bandiwala | 22 | | FR/FZR/E/82 | Fazilka-Rarnkot via Sureshwala-Sabuana-Bandiwala-Nawan Siwian | 25 | | FR/FZR/E/83 | Kot Ise Khan-Sherdewala via Brahamke-Jafarwala-M ussewala-Bajeke- Dholewala- Kannian-Buggike ; | 24 | | FR/FZR/E/84 | Zira-Jogewala via Bamb-Naushahwala-Shah Bukkar-Fatehgarh Panjtoor-Lalle Booh | 24 | | FR/FZR/E/85 | Ferozepur Cantt-Shehzadi via Maiwala-Piareana-Marewala-Bhanger-Shakur | 24.2 | | FR/FZR/E/86 | Abohar-Himmatpura via Chakra-Raipura-Dotarianwali-Sardarpur-Khairpur-Sukchain-Sito Guno | 25 | | FR/FZR/E/87 | Abohar-Dewan Khera via Killianwali-Sayeed-Daulatpura-Khuian | 22 | | FR/FZR/E/88 | Fazilka-Chak Pakhi via Abhun-Banwala-Chiminiwala-Churiwala | 19 | | FR/FZR/E/89 | Fazilka-Khippanwali via Azamwala-Ramkot-Kalalwala-Shah Khuban-Harianwala | 25 | | FR/FZR/E/90 | Fazilka-Mamu Khera via Banwali- Chajrana-Kamal Wala-Kandwala | 24.7 | | FR/FZR/E/91 | Ferozepur-Dhira Ghara via Attari- Mahalam-Akkuwala-Jiwan Bhetia- Santpura-Katora-Arifke-Muthianwala | 24.8 | | FR/FZR/E/92 | Ferozepur-Sham Singh Wala via Lallianwali- Khai-Gibond Nagar-Balewala-Gamewala- Bhawara-Azamshah-Mehma-Tahliwala | 25 | | FR/FZR/E/93 | Fazilka-Amiwala Sheikh Subhan via Chahian Wala-Abhun-Puran Patti- Tahliwala-Bodla-Islamwala-Pakki Mehar-Mahuana-Bodla | 23.2 | | FR/FZR/E/94 | Guruharsahai-Chhimbianwal via Goluka- Nunari-Khokhar-Chugge Hithar- Chugge Uttar | 13 | | FR/FZR/E/95 | Abohar-Mauzgarh via Alamgarh- Dharampura-Beehla Patti- Dalbir Khera | 23 | | FR/FZR/E/96 | Ferozepur-Mehma via Lallianwlai- Khai-Gobindnagar-Balewala- Gamewala-Bhawa Azamshahwala | 19.5 | | FR/FZR/E/97 | Dharamkot-Jogewala via Bajeke- Dholewala-Tota Singh Wala- Khamba-Fatehgarh Panjtoor-Lalle- Amirshahwala | 22 | | FR/FZR/E/98 | Talwandi Bhai-Ferozeshah via Bhangali- Sulhani-Haraj-Mohkamwla-Ittanwali | 19.7 | | FR/FZR/E/99 | Shakoor-Talwandi Bhai via Kailash- Sranwali-Bhai Ka Wara-Mirjeke- Loham-Patti-Bholuwala-Lalle | 24 | | FR/FZR/E/100 | Dharamkot-Kamalke via Pandari-.Ferozewal-Aminwala-Sangala-Baijpur-Sirsari | 22 | | FR/FZR/E/101 | F azilka-Kamalwala via Beganwali-Chhajrana | 18 | | FR/FZR/E/102 | Fazilka-Kandhwala via Beganwali-Chhanjrana-Kamalwala extension up to Tahliwala Jattan | 25 | | FR/FZR/E/103 | Nukerian-Fazilka via Ghattianwali-Pakki-Canal-Islamewala-Tahliwala-Aliana | 24.7 | | FR/FZR/E/104 | Jalalabad-Mandi Lakhewali via Mannewala-Amiwala-Dhab Joyian-Mahatam-Ratta Thehar | 24 | | FR/FZR/E/105 | Fazilka-Khippanwali via Azamwala-Ramkot-Kabulshah | 25 | | FR/FZR/E/106 | Fazilka-Hauz Khas via Chawarhianwali-Puran Patti-Thaliwala Bodla-Chahlanwali- Kheowali-Chimnewala-Chak Pakhi | 24.8 | | FR/FZR/E/107 | Abohar-Jandwala Miran Sangla via Killianwali-Patrianwala | 19,7 | | FR/FZR/E/108 | Guruharsahai-Mehma via Labh Singh-wala-Jhoke Koer Singh Wala-Mishriwala-Maulvi Wala-Shamwala-Tahliwala | 22.1 | | FR/FZR/E/109 | Abohar-Bakinwala via Killianwali-Panjkoshi-Danewala | 25 | | FR/FZR/E/110 | Ferozepur-Ichhewala via Asal-Shahdin-wala Shande Hasam-Sher Khan-Chugattewala | 24.5 | | FR/FZR/E/111 | Kot Ise Khan-Saraf Alishah via Mastian- Charag Shahwala-Mastewala-Qadarwala- Dharam Singhwala-Khamba-Fatehgarh- Panjtoor-Goluwala-Bahadurwala | 23 | | FR/FZR/E/112 | Kot Ise Khan-Baggewala via Mastian- Behram Ke-Ramgarh-Totewala- Khamba-Fatehgarh Panjtoor Lalliandi- Kahewala | 23.1 | | FR/FZR/E/113 | Ferozepur Cantt-Kailash via Ratta Khera- Bhanger-Shakoor-Khawaja Kharak | 24 | | FR/FZR/E/114 | Fazilka-Jandwala Mira Sangla via Banwala-Shahtriwala-Kheowali Dhab | 24.5 | | FR/FZR/E/115 | Talwandi Bhai-Wadda Ghar via Darapur-Jhandeana-Garbi-Mangewala | 16 | | FR/FZR/E/116 | Ferozepur Cantt-Shakur via Piareana- Mah Singh Wala-Sappanwali- Bhanger extended upto Shehzadi | 24.2 | | FR/FZR/E/117 | Nukerian-Fazilka via Aliana-Ghattian-wali-Pakki Canal-Islamewala- Tahliwala-Puran Patti | 24.7 | | FR/FZR/E/118 | Abohar-Haripura via Killianwali- Sayeedanwali-Sappanwali-Khuain Sarwar-Telupura | 22.7 | | FR/FZR/E/119 | Hauz Khas-Fazilka via Chak Pakhi-Chimnewala-Station Chak Pakhi- Kheowali-Chuhiaranwala | 24 | | FR/FZR/E/120 | Talwandi Bhai-Ittan wali via Machhi Bygra-Kaliewala-Thethar-Ferozshah- Mohkamwala-Ittanwali | 22 | | FR/FZR/E/121 | Kheowali Dhab-Punjab Border via Jandwala Mira Sangla-Danewala Chowk-Baken Adda | 22.9 | | FR/FZR/E/122 | Ferozepur-Gatti Hayat-Peruwala- Rode-Lakha Haji | 24 | | FR/FZR/E/123 | Ferozepur-Mallanwala via Makhu Gate- Bhadru-Attari-Wagha-Mour- Karora-Arifke-Illmawala | 24 | | FR/FZR/E/124 | Roranwali-Katehra School Stand via Nukerian-Islamewala Pakki Canal- Kamalwala | 25 | | FR/FZR/E/125 | Jalalabad (W) -Mahantanwala via Fallian-wala-Mokamwala-Ghangaa-Haddiwala | 21.1 | | FR/FZR/E/126 | Guruharshai-Panjeke Uttar Goluka- Mohanke Hithar-Saidoke-Jiwan Arian | 12.9 | | FR/FZR/E/127 | Zira-Nurpur Hakima via Kot Ise Khan- Kot Sadar Khan-Karyal | 18.6 | | FR/FZR/E/128 | Abohar-Ramkot via Burj Chauk Dhani Kamail Singh-Churiwala-Khippanwali- Azamwala | 25 | | FR/FZR/E/129 | Kutti-Jalalabad via Mahant-Tallewala- Jhariwala-Haddiwala-Ghanga Kalan- Ghanga Khurd-Saidoke-Chak Falliwanwala | 21.2 | | FR/FZR/E/130 | Jalalabad (W) -Rana Panjgrahi via Amir Khas-Peer Mohmad-Kasamke-Khaire Ke Uttar-Noore Ke-Swai Rai Uttar- Isha Panj Grain | 23.2 | | FR/FZR/E/131 | Chhanga Rai Uttar-Jalalabad fW) via Nonari Khokhar-Goluka-Morh- Mohan Ke Hithar-Hazi Betu- Panje Ke Uttar-Jiwan Arian- Mehmu Joyian-Amir Khas- Adda Kamrewala | 22.6 | | FR/FZR/E/132 | Kheowali Dhab-Pb Rajashthan Border via Jandwala Mira Sangla-Bakainwala | 16 | | FR/FZR/E/133 | Abohar-Kandhwala Hazar Khan via Nihal Khera-Bazidpur-Mammu Khera | 24.8 | | FR/FZR/E/134 | Thana Makhu-Kot Ise Khan via Pir Mohd-Mandir | 23.6 | | FR/FZR/E/13 5 | Abohar-Jandwala Mira Singla via Killianwali-Patrewala | 24.8 | | FR/FZR/E/136 | Fazilka Bus Stand to Kirianwali via Rly Phatak Fazilka-Gandhar-Ahal Bodla- Jhoke Dipulana-Dhani Munshi Ram- Jhugge Gulab Singh-Adda Theh Kalandar-Adda Chandmari-Adda Lalowali-Adda JatW'ali | 17 | | FR/FZR/E/137 | Shatirwala-Punjab Rajasthan Border via Kheowali Dhab-Bareke-Roopnagar- Dogar Colony-Adda-Bakainwala | 19 | | FR/FZR/E/138 | Abohar to Ramkot via Burjan-Chak Dhani Karnail Singh-Choohriwala-Khepianwali- Azamwala | 25 | | FR/FZR/E/139 | Abohar-Khippanwali via Danger Khera- Nihal Khera-Link Road Chuhariwala- Dhanna | 18.3 | | FR/FZR/E/140 | Ghallu-Sabuana via Khippanwali- Azamwala-Ramkot-Kabulshah- Bandiwala | 17.5 | | FR/FZR/E/141 | Dharamkot-Jogewala via Bajeke- Dholewala-Tota Singhwala | 21 | | FR/FZR/E/142 | Fazilka-Jand Wala Mira Sangla via Banwala-Shatirwala-Kheowali Dhab | 24.5 | | FR/FZR/E/143 | Guruharsahai to Sahanke via Goluka- Pindi-Gajniwala-Rureke Hithar- Khunder-Hazara Singh Wala | 25 | | | Bathinda | | | FR/BTH/E/1 | Bathinda-Kalyan via Bibiwala-Gobindpura-Dhilwan-Nathpura | 25 | | FR/B TH/E/2 | Bathinda-Bir Talab-Rai Ke Kalan | 25 | | FR/BTH/E/3 | Jassi Baghwali-Bathinda via Naruana | 25 | | FR/BTH/E/4 | Bathinda-Malooka via Bibiwala- Gobindpura-Dhillwan-Gidder Crossing-Gidder-Neor | 24.6 | | FR/B TH/E/5 | Rampura-Daulla via Jethuke | 24.9 | | FR/BTH/E/6 | Bathinda-Nathana via Bibiwala- Gobindpura-Serna-Phooli | 24.5 | | FR/BTH/E/7 | Kotli-Bathinda via Ablu-Mehma Sarkari-Mehma Sarja-Nahianawali- Gill Patti | 24 | | FR/BTH/E/8 | Bathinda-Bajak via Lai Singh Basti Naruana-Mihan Choti Baho Wadi Baho | 24.8 | | FR/B TH/E/9 | Bathinda-Dan Singh Wala via Gill- Patti-Nahianwala-Aklia | 25 | | FR/BTH/E/10 | Rampura-Bhagta Bhai Ka via Bajoana- Kalyan-Sukha-Dyalpura-Kothe Guru | 25 | | FR/BTH/E/11 | Talwandi Sabo-Maujia via Nawan Pind- Jagga-Singho-Pairon-Raipura-Makha | 23 | | FR/BTH/E/12 | Bathinda-Dan Singh Wala via Sivian- Nahiyanwala-Aklia | 24 | | FR/BTH/E/13 | Goniana-Bhagta via Harraipur-Roaman- Ajit Singh-Neor-Maiooka-Kothe Guruka | 25 | | FR/BTH/E/14 | Goniana-Bhagga via Harraipur-Jeeda-Romana Ajit Singh-Ghania-Malooka-Guruka Kothe | 25 | | FR/BTH/E/15 | Bathinda-Mohalan via Naruana-Jai Singhwala-Pitho | 25 | | FRBTH/E/16 | Rampura-Kothe Bhagta via Phul-Gharat- Sidhana-Sailbrah-Gumti-Dyalpura | 25 | | FRBTH/E/17 | Rampura-Nathana via Mehraj-Mari-Nathpura-Burj wala-Gidder-Ganga | 24.88 | | FR/BTH/E/18 | Rampura-Ubha via Mandi Kalan-Dhaddey-Khokhar-Chauke-Pirkot | 25 | | FR/BTH/E/19 | Bathinda-Kaile Bander via Jassi Pauwali-Mehta-Shergarh | 25 | | FR/BTH/E/20 | Raman-Lehri via Malkana-Jogewala-Koriana-Mirjeans | 19.5 | | FR/B TH/E/21 | Bhucho Mandi-Chauke via Bailianwali-Dhaddey | 19 | | FRB TH/E/22 | Sangat Crossing-Talwandi Sabo via Dunnewal a-B hagwangarh-Mai wala-Bangi Deepa-Bangi Kalan-Lalleana | 25 | | FRB TH/E/2 3 | Talwandi Sabo-Raiyya via Gurusar-Nawan Pind-Jagga Ram Tirath-Singho-Lehri-Monneana-Mirjeana-Kauriana | 25 | | FRBTH/E/24 | Goniana-Ablu via Kothe Kapur Singh-Kothe Natha Singh-Balhar Wanju-Danewala upto Bishnandi | 23.8 | | FRB TH/E/25 | Raman-Kot Shamir via Bangi Nihal Singh-Bangi Mirjeke-Kot Bakhtu-Kaile Bander | 19.5 | | FR/B TH/E/26 | Rampua-Nathana via Lehra Dhurkot- Lehra Sondha-Lehra Mohabat-Bath-Phoola | 18.5 | | FR/B TH/E/27 | Goniana Kotha Guru via Harraipur-Jeeda Romana-Romana Ajit Singh-Neor | 25 | | FR/B TH/E/2 8 | Rampura-Jandwala via Lehra Dhurkot-Sondha-Thermal-Lehra Mohabbat- Bath-Phoola Nathana | 25 | | FR/BTH/E/29 | Tungwali-Rampura via Kahan Singh- Wala Lehra Khan-Lehra | 25 | | FR/B TH/E/30 | Talwandi-Tandian via Gurusar-Behman Jassa Singh-Behman Kaur Singh-Singho-Pairon | 24.8 | | FR/B TH/E/31 | Bathinda-Kalyan via Bibiwala-Gobindpura Dhellwan-Gidder- Nathpura | 25 | | FR/BTH/E/32 | Bathinda-Balkandhi via-Sivian-Kothe Nathana Mehma Sarja-Mehma Sarkari-Mehma Swai-Dan Singh Wala Ganga | 25 | | FR/B TH/E/33 | Rampura-Gumti Kalan via Phul- Hamam Singh-Singhwala-Kalloke-Sailbrah | 22 | | FR/B TH/E/34 | Dikh-Bhucho-Mandi via Dhade- Ballianwali Chak Bakhtu | 22.5 | | FR/B TH/E/35 | Rampura-Ballianwali via Kotra kaurianwala-bhunder | 14.1 | | FR/B TH/E/36 | Rampura-Ballianwali via Mandi Kalan Dhadey-Ramanwas | 21 | | FR/BTH/E/37 | Talwandi Sabo-Tandian via Sangat-Teona Behman Kalan-Behman Khurd-Singho-Lehri-Nangla | 24.7 | | FR/B TH/E/38 | Bathinda-Ablu via Mehma Sarja-Nahiana Gill Patti | 23 | | FR/B TH/E/39 | Rampura Phul-Dhan Singh Khana via Lehra Dhurkot-Lehra Sondha-Lehra Mohbat | 24 | | FR/BTH/E/40 | Bhucho Mandi-Sooch via Chak Bakhtu Gill Khurd-Daultpura-Ballianwali-Dhaddey | 24.6 | | FR/BTE1/E/41 | Bhai Bakhatawar to Talwandi Sabo via Jodhpur-Lalewala | 20 | | FR./BTH/E/42 | Bathinda-Balluaana via Multania-Teona Chugga Kalan | 22 | | FR/BTH/E/43 | Talwandi Sabo-Ghuman Kalan via Lelle Wala-Sekhpura-Sanodha-Tahla Sahib-Maur Khurd | 25 | | FR/BTH/E/44 | Rampura-Gumti Kalan via Phul-Hamam Singhwala-Kaooke-Sailbrah | 22 | | FR/BTH/E/45 | Bathinda-Ganga via Sivian-Kothe Natha Singh-Mehma Serja-Mehma Sarkari-Mehma Swai-Dan Singh Wala | 25 | | FR/BTH/E/46 | Bathinda-Mehma Sarja via Sivian-Kothe Ajmer Singh-Kothe Natha Singh-Mehma Bhagwana-Mehma Swai | 25 | | FR/BTH/E/47 | Malwala-Talwandi Sabo via Bangi Deepa-Bangi Raghu-Bangi N.S.-Bangi Ruldu-Lalleana upto Sangat Kainchian | 24 | | FR/BTH/E/48 | Bhucho Mandi-Dyalpur via Serna-Poohli-Natheha-Golewala | 23.7 | | FR/BTH/E/49 | Talwandi-Kalalwala via Nangla Jaurkian-Natheha-Golewala | 25 | | FR/BTH/E/50 | Rampura-Guinti Kalan via Phul Harnam Singh Wala-Kaloke-Sailbrah | 22 | | FR/BTH/E/51 | Bathinda-Akiia Kalan via Sivian Deon-Lakhi Jangle-Nahianwala | 23.51 | | FR/BTFI/E/52 | Bathinda-Mehma Sarja via Sivian-Kothe Ajmer Singh-Kothe Natha Singh-Mehma Bhagwana-Mehma Swai | 24.9 | | FR/BTH/E/53 | Nathana-Bathinda via Poohia-Poohli Serna-Bhucho Kalan-Dera Baba Roomiwal-Bhucho Khurd | 24.6 | | FR/BTH/E/54 | Bathinda-Kothe Natheana via Paras Ram Nagar-Behman-Di wana-B udhladewala-Deon-Kothe Amar Singh | 25 | | FR/BTH/E/55 | Chak Ruldu Singhwala-Raman Mandi via Morkia-Pamiwala-Fallar-Sakhu-Bagha | 23 | | FR/BTH/E/56 | Rampura-Aklia via Mandi Kalan-Khokharchauke-Rarh | 24.5 | | FR/BTH/E/57 | Kalalwala-Talwandi Sabo via Raiya-Koreana-Gehlewala-Singhpura-Teona-Pujria-Sangat Khurd-Guru Kanshi Marg | 24.7 | | FR/B TH/E/5 8 | Bathinda-Kothe Gurusar via Bibiwala Gobindpura-Phooli-Nathana | 23 | | FR/BTH/E/59 | Rampura Phul Daraj via Gill Kharwala Chotian-Buggar | 19 | | FR/BTH/E/60 | Talwandi Sabo-Kanakwala via Malkana Gatwali-Giana-Phulla | 22 | | FR/BTH/E/61 | Sandhu Kalan-Rampura via Ballo- Raiya-alike-Daraj-Bugger- Kararwala-Gill Kalan | 25 | | FR/BTH/E/62 | Bhucho Mandi-Dhadde via Chak Bakhtu Gill Khurd-Daulatpura-Lai 1 ianwali- Ramanwas | 17 | | FR/BTH/E/63 | Jiwan Singh Wala-Maur via Chethewala Nutt-Bagher-Jodhpur Pakhaz-Yatri- Maur-Charat Singh wala-Maur Mandi | 23.5 | | FR/BTH/E/64 | Rampura Phul-Han Singh via Lehra Dhurkot-Lehra Sondha-Lehra Mohbat-Lehra Khana-Kahan Singhwala | 24 | | FR/BTH/E/65 | Singho-It a man Mandi via Behman Kaur Singh-Behman Kaur Singh- Behman Jassa Singh-Teona-Pujrian- Malkana-Raman V. and extension up to Nangalan from Singho via Lehri | 24.7 | | FR/BTH/E/66 | Bhucho Mandi-Kalyan via Poohla- Poohli-Serna-Nathpura-Bajjoana | 24.5 | | FR/BTH/E/67 | Rampura-Dhilwan via Phul-Dhinger Alike | 24 | | FR/BTH/E/68 | Bathinda-Gosal via Bhucho Khurd- Kanchian-Kahan Singh Wala-Chak Fateh Singh wala-Chak Bakhtu-Gill | 25 | | FR/BTH/E/69 | Bathinda-Balluana via Multania- Teona-Chuga Khurd-Chugga Kalan | 22 | | FR/BTH/E/70 | Maur Mandi-Lehri via Kubbey- -Kamalu Chahlanwali-Behniwal- Singho-Lehri | 24.9 | | FR/B TH/E/71 | Phul-Bhagta via Sidhana-Sailbrah direct | 24.6 | | FR/BTH/E/72 | Rampura-Bhai Raupa via Phool- Sidhana-Sailbrarh | 21 | | FR/BTH/E/73 | Rampura-Burj Rajgarh via Phool- Sidhana-Sailbrah-Bhai Rupa- Phulewala-Salabatpura | 25 | | FR/BTH/E/74 | Maur Mandi-Lehri via Kubeey- Kamalu Chahlanwali-Behniwal- Singho | 24. | | FR/BTH/E/75 | Bathinda-Gehri via Spining Mills- New Road-Jassi | 14 | | FR/B TH/E/76 | Rampura-Chak Bakhtu via Mandi Kalan-Dhaddey-Ballianwali-Gill- Gosal-Chak Baharhwala | 25 | | FR/B TH/E/77 | Talwandi Sabo-Chanarthal via Natt -Bagher-Chethewala-Kot Bahra-V. Kot Bhara-Bus Stand-Bhai Bakhtuar | 25 | | FR/B TH/E/7 8 | Bathinda-Kotli via Sivia-Kothe Natheana-Mehma Sarja-Mehma Sarkari-Adda Kothe Lai Singh Ablu | 24.6 | | FR/'BTH/E/79 | Khemuana-Bathinda via Bibiwala -Gobindpura-Dhilwan-Jandwala | 24.8 | | FR/BTH/E/80 | Bathinda-Nathana via Bhucho Khurd Bhucho Kalan-Serna-Poohli | 24.9 | | FR/B TH/E/81 | Rampura-Aklia via Pitho Kalan-Pitho Khurd-Jaid-Jeond-Badiala- Ballo-Rurke | 24.2 | | FR/BTH/E/82 | Rampura-Dyalpura via Mehraj-Bhaini Bajjoana-Kalyan | 24 | | FR/BTH/E/83 | Jalal-Nihal Singh Wala via Kanger- Dina Sahib-Burj Maheke | 24 | | FR/BTH/E/84 | Bathinda-Mansa Khurd via Bibiwala- Kainchian-Bhucho Khurd-Kahan Singhwala-Crossing-Chak Fateh Singhwala-Chak Ram Singh | 24.5 | | FR/BTH/E/85 | Dulewala-Rampura via Bhai Rupa- Sailbrah-Kalke-Harnam Singhwala- Gharat-Phul | 24.9 | | FR/BTH/E/86 | Tungwali-BT1 via Kahan Singhwala- Bhucho Khurd | 23 | | FR/BTH/E/87 | Maur Mandi-Ubha via Ghuman Khurd- Kuttiwal-Bhaini-Chuhar-Pirkot- Burji Dhilwan | 18.2 | | FR/BTH/E/88 | Rampura-Lehra Bega Bus Stand via Mehraj-Bath | 21.2 | | FR/B TH/E/89 | Dhan Singh Khanre-Maur Mandi via Rai Khana-Manak Khanna-Ghaso Khana-Bhai Bakhtaur-Yatri-Maur Charat Singh | 22 | | FR/BTH/E/90 | Rampura Phul-Dhan Singh Wala via Lehra Dhurkot-Lehra Sondha-Lehra Mohabat-Kahan Singh Wala | 24 | | FR/B TH/E/91 | Raman-Kanakwal via Phulo-Giana- Takhat Mai-Kalianwali-Phatak Desu | 25 | | FR/BTH/E/92 | Raman Giana via Phulo-Kanekwal-Kalianwalil-Phatak Takhatmal | 23.3 | | FR/BTH/E/93 | Raman Mandi-Kotshamir via Kalie Bander-Kot Bakhtu-Bangi Nihal Singh Wala | 19 | | FR/BTH/E/94 | Bathinda-Amargarh via Thermal Plant-Joganand-Gill Patti-Bhokhra | 18 | | FR/B TH/E/95 | Talwandi Sabo-Kanakwal via Malkana-Gatwali-Giana-Phulio-Khari | 20 | | FR/BTH/E/96 | Talwandi Sabo-Pacca Kalan via-Lalleana-Bangi Kalan-Bangi Nihal Singh-Bangi Deepa-Chak Hira Singh Wala | 24 | | FR/BTH/E/97 | Maur-Joga via Maur-Ghuman Kalan-Khardak Singhwala-Dhilwan-Jhabber | 24.4 | | FR/BTH/E/98 | Bhai Rupa-Nihal Singhwala via-Dullewala-Salabatpura-Adampura-Saido-Madho | 22.5 | | FR/BTH/E/99 | Bathinda-Shergarh via Jassi Pauwali-Gehri-Bhagi-Mehta | 19.7 | | FR/BTH/E/100 | Bathinda-Kothe Lai Singh via Gill Patti-Nahianwala-Lakhisar-Mehma Sarja-Mehma Sarkari | 24 | | FR/BTH/E/101 | Bathinda-Virk Kalan via Paras Ram Nagar-Bahman-Dewana-Balluana | 23.8 | | FR/BTH/E/102 | Bathinda-Sangat Kothe via Basti Lal Singh-Naruana-Jai Singh Wala-Phulo Mithi | 20.4 | | FR/BTH/E/103 | Mehta-Bathinda via Jassi-Pauwali-Gehri Bhagi | 16.4 | | FR/BTH/E/104 | Tandian-Talwandi Sabo via Nangala-Lehri-Singho-Behman Kor Singh-Behman Jassa Singh-Gurusar | 25 | | FR/BTH/E/105 | Bandi-Gidderbaha via Dhuike-N andgarh-Baj ak-J angi rana-Peori | 23.7 | | FR/BTH/E/106 | Maur Mandi-Lehri via Kubbe-Kamalu-Chahlanwali-Behniwal-Singho | 24.8 | | FR/BTH/E/107 | Bathinda-Romana Ajit Singh via Gill Patti-Bhokhra-Khailiwala | 25 | | FR/BTH/E/108 | Bhai Rupa-Bhagta via Gumti-Jalal-Hamirgarh | 20.3 | | FR/BTH/E/109 | Bathinda Bus Stand-Dera Rumiwala via Jassi Pauwali-Chak Phoos Mandi | 24.9 | | FR/BTH/E/110 | Maur Mandi-Singho via Rajgarh-Kubbey-Kamalu-Chehlawali-Behman Wala-Peron | 24.8 | | FR/BTH/E/111 | Bathinda-Khemuana via Gill Patti-Bhokhra-Har Raipur-Jandwala | 25 | | FR/BTH/E/112 | Goniana Mandi-Virk Khurd via Nahian Wala-Lehri-J angle | 24.9 | | FR/BTH/E/113 | Rampura Phul-Dhan Singh via Lehra Dhurkot-Lehra Sondha | 23.9 | | FR/BTH/E/114 | Bathinda-Chugge Kalan via Bir Behman-Chughe Kalan-Balluana | 21.6 | | FR/BTH/E/l 15 | Bhukhianwali-Bathinda via Shergarh-Mehta-Gehri-Jassi | 25 | | FR/BTH/E/116 | Daneke Chowk-Killian Wali via Bhambhia Chak-Attar Singh Wala-Kotli-Faridkot | 23.8 | | FR/BTH/E/117 | Bathinda-Gehri via Spinning Mill-New Road Jassi | 19.8 | | FR/BTH/E/118 | Bir Behman-Gidderbaha via Chughe Khurd-Chugge Kalan-Sardargarh-Karamgarh-Satran-Daula-Dhani Balkar Singh | 23.7 | | FR/BTH/E/119 | Rai Khana-Rampura via Mansa Khurd-Jhanduke-Gill Khurd-Daulatpura-Ballianwali-Bhunder | 19 | | FR/BTH/E/120 | Bathinda-Virk Kalan via Paras Ram Nagar-Behman Diwana-Budhlaewala-Deon-Burj Mehma | 25 | | FR/BTH/E/121 | Bhodipura-Ghanian via Aklia-Jalal-Gurusar-Bhaga Bhai Ka-Kotha Guru-Malooka | 25 | | FR/BTH/E/122 | Bathinda Cantt-Lehra Baga via Bhucho Khurd-Kahan Singh Wala | 24.9 | | FR/BTH/E/123 | Nathana-Bhagta Bhai Ka via Ganga-Nathpura-Gidder-Neor-Malooka-Kotha Guruka | 24.9 | | FR/BTH/E/124 | Nathpura-Bhucho Khurd via Nathana-Phoola-Phuli-Bhucho Mandi | 24.6 | | FR/BTH/E/125 | Kahan Singhwala-Goniana via Bhucho Kalan-Gobindpura-Khialiwala | 24.9 | | FR/BTH/E/126 | Talwandi Sabo-Raman Mandi via Guru Kanshi Marg-Sangat-Teona-Gatwali-Malkana | 17.6 | | FR/BTH/E/127 | Bathinda-Bhagwangarh via Jassi-Gehri-Bhagi-Mehta-Shergarh | 22.5 | | FR/BTH/E/128 | Bathinda-Nathpura via Gili Patti-Bhokhra-Khialiwala-Dhelwan | 24.1 | | FR/BTH/E/129 | Bathinda-Lehra Mohabat via Bhucho Khurd-Kahan Singh Wala-Lehra Khana | 25 | | FR/BTH/E/130 | Chughe Khurd-TJidderbaha via Chughe Kalan-Peori | 22.2 | | FR/BTH/E/131 | Gonian Mandi-Gobindpura via Bhokhra-Khi ali wala-Dhilwan | 22.5 | | FR/BTH/E/132 | Raman Mandi-Bhagwangarh via Bagha-Sukhladi-Bangi Raghu-Bangi Deepa-Maan Wala-Malwala | 25 | | FR/BTH/E/133 | Bathinda Bus Stand-Dera Roomiwala via Jassi Pauwali-Chak Phoos Mandi | 25 | | FRBTH/E/134 | Jhandewala-Jai to via Harraipur-Jeeda-Dabri Khana | 23.2 | | FR/BTH/E/135 | Bathinda-Gobindpura via Bibiwala | 16.2 | | FR/BTH/E/136 | Bathinda to Harrangpura via Bibiwala-Gobindpura | 12.8 | | FR/BTH/E/137 | Bathinda-Kalyan via Bibiwala-Gobindpura-Dhilwan-Nathpura | 25 | | FR/BTH/E/138 | Bhagta Bhai Ka-Jaitu via Burj Tharar-Malooka-Malian-Baja Khana-Sadda Singh Wala | 17.5 | | FR/BTH/E/139 | Nihal Singh Wala-Bhagta Village via Patto Hira Singh-Khai-Raunta-Kohar Singh Wala | 25 | | FR/BTH/E/140 | Rampura-Daulia via Jethuke | 25 | | | Faridkot | | | FR/FDK/E/1 | Thathi Bhai-Kotkapura via Bambhia Burj Jawahar Singh Wala-Bargari | 24 | | FR/FDK/E/2 | Wonder Kotkapura via Bambhia Bhai via Burj jawahar Singh Wala-Bargari Behbal Kalan | 24 | | FR/FDK/E./3 | Faridkot-Pansgrian via Chahal Nathuwala | 24 | | FR/FDK/E/4 | Kotkapura Fategarh via LaileanaNanaksar- Guru Ke Dhab-V Jaitu Sai Dowala Raowala Kandwala | 24.5 | | FR/FDK/E/5 | Faridkot Nathuwala via Tehna-Dhudi Kot Sukliia-Bhaloor | 25 | | FR/FDK/E/6 | Kotkapura Gobindgarh via Behbal Kala- Behbal Khurd-Sadda Singhwala | 23 | | FR/FDK/E/7 | Kotkapura-Pori kapura via Laieana- Nanaksar-HomanaAblewaia-Dhaipai- Matta | 18.8 | | FR/FDK/E/8 | Chugewla-Faridkot via Sadhanwala Ghani wala-Dolewal Golewala-Pakhi-Rajowala | 22 | | FR/FDK/E/9 | Kotakpura-Bhaloor via Panjgaraian Aulakh- Jiwanwala | 24 | | FR/FDK/E10 | Faridkot Panjgarian Kalan via Tehna Kalan- Dhudi Kotsukhia-sirsari | 19 | | FR/FDK/E/11 | Faridkot-Smalsat via Chahal-Sikhawala Godding Nathuwala-Sirsari-Aulakh- Jeonwala | 25 | | FR/FDK/B'12 | Faridkot-Ghugianav/a jMehmuana- Jhotiwala extended upto Beguwala | 20.9 | | FR/FDK/E/13 | Faridkot-HassanBhatti via Pakhi Kalan- Bhagtala Khurd-Pehluwaia | 24 | | FR/FDK/E14 | Faridkot-Nathuwala via Dhurkot-Mandwala | 25 | | FR/FDK/E/15 | Faridkot-Ghugiana via Mehmuana-Jhotiwala | 18 | | FR/FDK/E716 | Faridkot-Bhanger via Pipli-Pakhi Kalan- Flardialeana-Mallewala-Pehluwala-Hassan Bhatti-Qabalwala | 24.7 | | FR/FDK/E/17 | Kotkapura-Malian via Koharwala-Harinau- Kasim Patti-Surguri-Marak-Wara- Kishanpura | 24.8 | | FR/FDK/E/18 | Kotkapura-Thathi Bhai via Dhilwan-Sivian- Mallke-Sekhan Kalan-Sekha Khurd | 22.95 | | FR/FDK/E/19 | Smalsar-Jaitu via Sahoke-Ram Singh Wala- Behbal Khurd | 24.95 | | FR/FDK/E/20 | Faridkot-Dod via Pipli-Arianwala-Kalan- Burj-Masta-Ghugiana-Misrewala | 23.15 | | FR/FDK/E/21 | Kotkapura-Sukhanand via Panjgrain-Kalan- Elad-Panjgrain Khurd-Mallke-Wander- Bambhia Bhai | 24 | | FR/FDK/E/22 | Kotkapura-Nathuwala via Panjgrain-Sirsari- Aulakh-Kot Sukhia-Bhaloor | 19.3 | | FR/FDK/E/23 | Thathe Bhai-Kotkapura via Shekha Kalan- Malke-Sevian-Dhilwan Kalan | 23 | | FR/FDK/E/24 | Kotkapura-Demru via Panjgrain Kalan- Had-Ghanian Wala-Jeon Wala-Lande | 24.6 | | FR/FDK/E/2 5 | Kotkapura-Bargari via Panjgrain Kalan- Hadd-Panjgrain Khurd-Mallke-Sahoke | 24.8 | | FR/FDK/E/26 | Kotkapura-Khacharan via Romana- Albel Singh-Dhaipai-Matta-Rori Kapura | 23.25 | | FR/FDK/E/27 | Nathuwala (W) -Kotkapura via Nathewala- Bhaloor-Kot Sukhia-Bageana-Sirsari- Devi wal a | 24.58 | | FR/FDK/E/2 8 | K otkapura-B aj a Khana via Dh i 1 wan-Sra wan Gurusar-Behbal Khurd (Niamiwala) Ram Singh Wala-Jhakharwala | 24 | | FR/FDK/E/29 | Faridkot-Dod via Pipli-Arianwala-Ghugiana | 23.15 | | FR/FDK/E/30 | Mari Mustafa-Jaitu via Nawan Maur-Adda- Thathi Bhai-Bhambhia Bhai-Burj Jawahar Singh Wala-Kothe Mahla Singh | 24.6 | | FR/FDK/E/31 | Jaitu-Khara via A jit Singh-Matta-Maur- Swagh | 25 | | FR/FDK/E/32 | Wander-Dod to Kotkapura via Bambhia Bhai-Malke-Hadd-Panjgrain Kalan | 24.41 | | FR/FDK/E/33 | Kotkapura-Rameana via Romana Albel Singh-Matta-Dhaipai | 24.4 | | FR/FDK/E/34 | Kotkapura-Bhaloor via Panjgrain-Kalan Flad-Ghannianwala-Jiwanwala | 24 | | FR/FDK/E/35 | Kotkapura-Marak via Surghuri-Kasam Patti-Harinau | 17.26 | | FR/FDK/E/36 | Rameana-Jaitu via Kothe-Kotli Abiu- Karirwali-Chaina | 21 | | FR/FDK/E/37 | Faridkot-Mamura via Medical College Ariyanwala-Burj Mastan-Ghugiana- Simrewala-Chak Sadhu-Dod-Ghanian- Gujjar | 23.5 | | FR/FDK/E/38 | Faridkot-Bhangewala via Killa Naur- Sukhana wala-Dohak-Sirwali | 19.14 | | FR/FDK/E/39 | Faridkot-Kannianwali Kalan via QillaNaur- Sukhana wala-Dohak-Sirwali | 25 | | FR/FDK/E/40 | Bagheana-Kotkapura via Kot Sukhia- Sirsari-Aulakh-Panjgrain Kalan | 20.1 | | FR/FDK/E/41 | Kotakpura-Derru via Panjgarain Kalan Had- Ghanianwala-Jiwanwala-Lande | 24.9 | | FR/FDK/E/42 | Jaitu-Panjgarian Khurd via Sekha Khurd- Sekha Kalan-Malke-Panjgarian Khurd- Panjgaria Had | 22.4 | | FR/FDK/E/43 | Thathe Bhai-Kotkapura via Shekha Khurd- Shekhan Kalan-Malke-Panj Grain Khurd- Panj Grain Had | 23.5 | | FR/FDK/E/44 | Faridkot-Kothe Behmanwala via Veerawala- Jaialeana-Dwareana-Bareke-Kotlie Waring | 23.6 | | FR/FDK/E/45 | Kotkapura-Bargari via Panjgarian Kalan Had- Panjgarian khurd-Malike-Sahoke | 23.5 | | FR/P'DK/E/46 | Mahla Kalan Kotkapura-via Bhadoor Aulakh Panjgarian Kalan | 25 | | FR/FDK/F/47 | Suknand-Jaitu via Sirvewala-Baja Khana- Jakharwla-Sedewala | 22.5 | | FR/FDK/E/48 | Veerewaia DAV School (Muktsar) via Mukand Singh Wala- Kannianwali- Lubanianwali-Marh Mallu-Boora Gujjar | 24.8 | | FR/FDK/E/49 | Wander-Kotkapura via Bargari-Burj Harike-Sivian-Dhilwan Kaian | 23 | | FR/FDK/E/50 | Smalsar-BajaKhana via SekhaKalan- Sekha Khurd-Bambhia Bhai-Wander- Gondhara-Lambwali | 24 | | FR/FDK/F/51 | Dhurkot-Kotkapura via Kot Sukhia- Sirsari-Sikhanwala | 22.5 | | FR/FDK/E/52 | Kothe-Bhagta via Sekha Kalan Bambhia B hai -Wander-S ukhanand | 24 | | FR/FDK/E/53 | Sukhanand-Jaitu via wander-Gondhara Bargari-Ran Singhwala-Dal Singh Wala | 22.5 | | FR/FDK/E/54 | Chugewala-Faridkot via Sadhanwala Ghaniwala-Dallewala-Pakhi-Rajowala | 22 | | FR/FDK/E/55 | Faridkot-Kingrav/o Machaki Kalan Sher Singh Wala-Dhab Sher Singh Wala- Behlewala | 23.1 | | FR/FDK/E/56 | Kotkapura-Rori Kapura via Dhaipai-Mata | 18.8 | | FR/FDK/E/57 | Faridkot-Shezadi via Pipli Pakhi-Bhagthala- Kailash-Khawaja Kharak | 25 | | FR/FDK/E/58 | Jaitu-Sarainaga via Delianwaii-Rori Kapura-Qasam Bhatfi-Surghuri- Marak-Flarike-Kothe Harike | 24.5 | | FR/FDK/F759 | Doda-Jaitu via Kauni-Kothe Sansar Singh Wala-Malian-Rameana- Rori Kapura-Dellianwali Pul. | 24.9 | | FR/FDK/E/60 | Kothe Jaito-Bhagata via Dabri Khana- Wara Bhiake-RomariaAjit Singh-Ghannian Malooka-Kothe Guruka | 24.3 | | FR/FDK/E/61 | Jaitu-Khara via Ajit Gil 1 -Matta Harinau- Maur | 24.5 | | FR/FDK/E/62 | Faridkot-Dhab Sher Singh via Machaki Mehmuana | 23.1 | | FR/FDK/E/63 | Faridkot-Satsang Dera Beas Muktsar Road Sadiq via Machaki-Mehmuana- Dhab Sher Singh-Beehlewala-Mani Singhwala | 23.4 | | FR/FDK/E/64 | Smal lsar-Baja Khana via Sekha Kaian Sekha Khurd-Bambhia Bhai-Wander- Gondh ara-L ambwai i | 24 | | FR/FDK/E/65 | Kotkapura- Kaier via Panjgrain Kalan- Aulakh-Bageana-Kot Sukhia-Dhudhi | 25 | | FR/FDK/E/66 | Jaitu-Sarianaga via Delianwaii-Rori Kapura-Kasam Patti-Surguri- Marakh-Harike-Kothe Flarike | 24 | | FR/FDK/F767 | Baja Khana-Kotkapura via Godhere- Bargari-Burj Harike-Sevian-Dhilwan | 24.8 | | FR/FDK/E/68 | Kotakapura-Bhagta via Dhilwan Kalan-Srawan Crossing-Srawan Gurusar-Behbal- Bargari-Gondhara-Wander-Sukhanand-Burj Ladha Singh Wala | 24.4 | | FR/FDK/E/69 | Bargari-Baghapurana via Burj-Bambhia- Bhai Thathi | 25 | | FR/FDK/E/70 | Mari Mustfa-Jaitu via Nawan Mour-Adda | 24.6 | | FR/FDK/B71 | Butter to Baghapurana via Rampura-Chrik-Madhir | 24.9 | | FR/FDK/E/72 | Nathuwala-Kotkapura via Nathuwala-Bhaloor-Kot Sukhia | 24.5 | | FR/FDK/E73 | Baja Khana-Baghapurana via Lambwali-Sekha-Smalsar | 25 | | FR/FDK/E/74 | Baja Khana-Nathana via Malla-Ghannian- Malooka Neor-Gidder-Ganga | 25 | | FR/FDK/E/75 | Jaitu Assa Butter via Delianwaii-Rori Kapura Khachran-Wara Kishanpura- Surewala | 24 | | FR/FDK/E776 | Jaitu Dhurkot via Malian-Rameana-Rori Kapura | 20.7 | | FR/FDK/E/77 | Bargari-Bhagta via Burj Jawahar Singh Wala-Bambhia-Bander-Sukha Nand | 24 | | | Moga | | | FR/'MOG A/E/1 | Moga-Kokri Kalan via Rauli-Data-Bhinder-Kokri Behniwal-Kokri Butran | 24.5 | | FR/MOGA/E/2 | Daudhar Nihal Singh Wala via Nangal Baude | 19 | | FR/MOGA/E/3 | Moga-Talwandi Mallian via Mehna-Chugwan-Puranewala-H eran-Kokri Kalan | 24.8 | | FR/MOG A/E/4 | Nihal Singh Wala-Manuke via Dhurkot Takhtpura-Lohara-Bilaspur-Raman-Chakar-Lakha | 25 | | FR/MOGA/E/5 | Moga-Nathuwala v/a Ghal Kalan-Safuwala Daroli Bhai-Korewala | 25 | | FR/MOG A/E/6 | Ajitwal-Badhni Kalan via Dhuddi ke-Maddoke-Daudher-Lopon | 23.2 | | FR/MOG A/E/7 | Moga-Smadh Bhai via Landewala-Charik Gholia Kalan | 25 | | FR/MOG A/E/8 | Moga-Chotian Kalan via Saliana-Sadhe wala-Daulatpura-Kelewala-Chottian Khurd | 25 | | FR/MOG A/E/9 | Moga-Chuhar Chak via Jhandeana-Sharki Nathuwala Jadid-Mehna | 22 | | FR/ MOG A/E/10 | Dhurkot-Baghapurana via Bhaloor- Nathewala-Nathuwala-Demru-Rode | 24.9 | | FR/MOG A/E/11 | Bandhni Kalan-Dina Sahib via Raike Khurd-Beer Rauke-Ransi Khurd-Nihal Singh Wala-Burj Hamira | 23.6 | | F R/MOGA/E./l2 | Baghapurana Kotsukhia via Alamwala-Langeana Nathewala-Bhaloor | 24.3 | | FR/MOG A/E/13 | Moga Rauke Kaian via Baohana-Mehron-Ramuwala-Nawan | 22.5 | | FR/MOG A/E/14 | Baghapurana-Kothe Dhariwal Gate via Gholia-Gholia Khurd-Burj Dunna-Rannian-Butter | 24.8 | | FR/MOG A/E/15 | Moga-Gholia Khurd via Bahona-Mehron Rammuwala-Rania-Burj Dunna | 24.4 | | FR/MOGA/E/16 | Moga-Cotian via Salina-Daulatpurra Niwan Daulatpura Uchha | 23 | | FR/MOG A/E/17 | Kothe Baba Singh Wala-Kotkapura via Demru-Lande-Rode-Jeonwala- Ghannianwaia-Panjgrain Kalan | 24.4 | | FR/MOG A/E/18 | Badhni Kaian-Baghapurana via Rania- Dunneke-Gholia Khurd-Gholia Kalan | 24.8 | | FR/MOG A/E/19 | Lopon-Baghapurana via Bandhni Kaian Rania-Dunneke-Gholia Kalan | 24.5 | | FR/MOGA/E/20 | Moga- Daudher via Bugipura-Dala Takhanwad | 22 | | FR/MOG A/E/21 | Chanan wal a-Nihal Singh Wala via Himmatpura-Ramgarh-Beehla-Bheeli | 24 | | FR/MOGA/E/22 | Moga-Thamanwala via Mangewala- Baghelewala-Sosan-Daroli Bhai- Gholia Kalan | 24.8 | | FR/MOG A/E/23 | Moga-Daya via Bhinder Kalan via Buggipura-Chauk-Doosanjh Road-V. Doosanjh-Rauli-Bhinder Kalan | 22.3 | | FR/MOG A/E/24 | Baghapurana-Thamanwala via Singhewala Mothanwala-Safuwala-Daroli Bhai- Sosan-Baghelewala | 24 | | FR/MOG A/E/25 | Moga-Bhinder Kalan via Buggipura-Chauk Dosanj Road-V. Dosanjh-Rauli-Datte | 16 | | FR/MOG A/E/26 | Moga-Jhandeana via Ghall Kalan-Dagru- Daroli Bhai-Sosan-Baghaiewala-Manga | 24.6 | | FR/MOG A/E/27 | Moga-Bhekha via Ghall Kalan-Safuwala Daroli Bhai-Dadahoor | 22 | | FR/MOGA/E/28 | Moga-Thamanwala via Dagru Direct- Daroli-Sosan-Baghelewala Manga | 25 | | FR/MOG A/E/29 | Tharaj-N. S. Wala via Ganji Gulab Singh Samdh Bhai-Didarewala-Patto- Jawaher Singh Wala | 22 | | FR/MOGA/E/30 | Moga-Indergarh via Landeke-Jalalabad Data-Bhinder Kalan | 24.8 | | FR/MOG A/E/31 | Aklioa-Baghapurana via Bhodipurana- Hakam Singh Wala-Samdh Bhai- Phullewala-Nathuke | 25 | | FR/MOG A/E/32 | Baghapurana-Tharaj via Rajeana-Kotla Mehar Singh Wala-Ladhai Ke-Mari Mustafa-Deluwala | 24 | | FR/MOG A/E/33 | Baghapurana-Butter via Gill Mandir-Charik Mai lian wale Ramuwala-Butter Khurad | 24.9 | | FR/MOG A/E/34 | Buij-Baghapurana via Bambhia Bhai-Thathi Bhai-Mari-Mustafa-Channuwala- Budh Singh | 24 | | FR/MOG A/E/3 5 | Kokri Butteran-Moga via Bhinder Kalan- Jalalabad (E) , FathehgarhKorotana | 21.9 | | FR/MOG A/E/36 | Moga-Gholia Khurd via Bahona-Mehron Rammuwala-Rania | 25 | | FR/MOG A/E/37 | Khukhrana-Baghapurana via Thamanwala Mangewala-Wadda Ghar-Mehtabgarh- Langeana Kalan-Langeana Khurd | 24.1 | | FR/MOG A/E/38 | Mari-Nihal Singh Wala via Sangatpura- Kotla-Ganji Gulab Singh-Smadh Bhai- Didarewala-Patto | 23 | | FR/MOG A/E/3 9 | Baghapurana-Tharaj via Rajeana-Kotla- Mehar Singh Wala-Ladhaike-Mari Mustafa-Dullowal | 24 | | FR/MOG A/E/40 | Langeana-Moga vza Jaimalwala- Chand Nawan-Singhanwala | 18 | | FR/MOGA/E/41 | Moga-Kot Ise Khan via Khosa Pando- Khosa Kotla-Randiala Datewas | 19.1 | | FR/MOGA/E/42 | Moga-Mange wala via Ghall Kalan-Daroli Bhai-Sosan-Baghelewala | 20 | | FR/MOG A/E/43 | Moga-Bhekhavz'a Ghali Kalan-Safu Wala- Daroli Bhai-Dada Hoor | 22 | | FR/MOG A/E/44 | Moga-Kishanpura via Fatehgarh-Jalalabad- Lohgarh-Indergarh | 24.3 | | FR/MOG A/E/45 | Dharamkot-Sherpur via Pandori-Amiwala- Bhoipur-Reharwan | 16 | | FR/MOGA/E/46 | Baghapurana-Buttar Kalan via Golia Kalana- Gholia Khurd-Burj Rannia | 24.9 | | FR/MOG A/E/47 | Moga-Phulewala Pul via Budh Singh Wala- Charik-Gholia | 25 | | FR/MOG A/E/48 | Moga-Dhudike via Buggipura-Dala- Tarkhanwad-Maddoke | 21 | | FR/MOG A/E/49 | Baghapurana-Gurd wara Thath (Village Lopon) vz'a Gholia-Gholia Khurd-Burj Dunna-Rannia-Badni-Gurudwara | 25 | | FR/MOG A/E/50 | Bhagta-Manuke via Hamirgarh-Gurusar- Jalal-Aklia-Bhodipura-Hakam Singh Wala- Smagh | 23.7 | | FR/MOG A/E/51 | Bhagta-Kotkapura via Sukhanand-Cheeda- Thathi Bhai-Sekha-Mallke-Sivian- Dhilwan | 24 | | FR/MOG A/E/52 | Baghapurana-Pakharwad via Budh Singh Wala-Channuwala-Smadh Bhai-Raunta | 24.8 | | FR/MOG A/E/53 | Badhni-Bassian via Lopon-Malla- Manuke-Lamme-Jatpura | 24.9 | | FR/MOGA/E/54 | Baja Khana-Baghapurana via Lambiwala- Seikha-Smalsar | 25 | | FR/MOG A/E/55 | Nihal Singh Wala-Alamwalav/u Kothe- Manuke-Nathoke-Baghapurana | 25 | | FR/MOG A/E/56 | Bilaspur-Raikot via Raman-Chakkar- Lakha-Hathoor-Jhurar-Bassian | 21.5 | | FR/MOG A/E/57 | Adampura to Badni Kalan via Saidoke-Madheke-Nihal Singh Wala-Nihal Singh City-Rauke | 24.2 | | | Muktsar | | | FR/MKT/E/1 | Malout-Ratta Tibba via Sarwan Bodla Kathianwali-Gaddan Dob | 25 | | FR/MKT/E/2 | Malout-Tamkot via Thurar-Khanke- Dbah-Lakkarwala | 24.2 | | FR/MKT/E/3 | Malout-Ratta Tibba via Virk Khera- Aspalan-Raniwala-Karampatti | 24.8 | | FR/MKT/E/4 | Lambi-Tarmala via Panjawa-Kakhanwali-Bhittiwala-Kandu Khera | 25 | | FR/MKT/E/5 | Malout Bahadur Khera via Burj-Sidhwan-Sham Khera-Mahmood-Khera-Mahni Khera | 21 | | FR/MKT/E/6 | Kandu Kera-Killianwali via Bhullar- Hakuwala-Fatta Kera-Middu Khera- Ghumiara | 24.8 | | FR/MKT/E/7 | Malout-Mehmood Khera via Burj Sidhwan-Sham Khera-Mahni Khera | 25 | | FR/MKT/E/8 | Badal-Malout via Bidowal-Lalbai-Tharaj wala-Kingra-Dane wala | 25. | | FR/MKT/E/9 | Malout-Pacci Tibbi via Burj Sidhwan- Dabwali Dhab- Gurusar | 23 | | FR/MKT/E/10 | Malout-Roranwali via Dane wala- Rathrian-Abul Khurana-Tappa Khera- Fatehpur Mannian | 24 | | FR/MKT/E/11 | Kotli-Gidderbaha via Bhaliana-Sahib Chand Kot Bhai-Bharu | 22 | | FR/MKT/E/12 | Bhittiwala-Killianwali via Kandi Khera- Bhullarwala-Hakuwaia-Middu Khera- Ghumiara-Lohara | 24.5 | | FR/MKT/E/13 | Muktsar-Jandwala Bhimshah via Rahoorian wali-Maha Baddar-Bhagsar-Lakhewali- Nandgarh-Sammewali | 25 | | FR/MKT/E/14 | Muktsar-Buddimar via Ude Karan- Chauntra-Mallu-Sangrana-Jandoke | 22.6 | | FR/MKT/E/15 | Muktsar-Kannianwali via Kukerian- Kirpal Ke-Mangetker-Gulabewala- Lambi Dhab | 19 | | FR/MKT/E/16 | Muktsar-Lakhmireana via Rahoorianwali- Mahabadar-Chhibranwali-Khunde Halal | 20.87 | | FR/MKT/E/17 | Panjawa-Gidderbaha via Lambi-Channu- Bidowali-Lalbai | 21.85 | | FR/MKT/E/18 | Muktsar-Lakkarwala via Mahabaddar- Bhangchari-Khunde Halal-Lakhmireana | 21 | | FR/MKT/E/19 | Mandi Bariwala-Doda via Sarai Naga- Khokhar-Haraj-Bhuttiwala-Assa Butter-Kauni | 24.9 | | FR/MKT/E/20 | Surewala-Muktsar via Assa Butter- Khitkianwala-Bhuttiwala-Tandewala- Chak Vir Sarkar | 24 | | FR/MKT/E/21 | Muktsar-Nandgarh via Rahoorianwzali- Mahabadder-Bhagsar-Gandhar- Lakhewali | 23.2 | | FR/MKT/E/22 | Alamwala-Muktsar via Ratta Khera- Bhalerian-Lakkarwala-Chak Tamkot-Tamkot-Dhigana-Rupana | 24 | | FR/MKT/E/23 | Killianwali-Bhullarwala via Lahora- Ghumiara-Middu Khera-Fatta Khera-Lohgarh-Jhotianwali | 25 | | FR/MKT/E/24 | Midda-Muktsar via Tarkhanwala- Khunan Kalan-Chhibranwali- Mahabadder-Rahorianwali | 21 | | FR/MKT/E/25 | Malout-Raniwala via Malout-Virk Khera-Alamwala-Bodiwala-Midda | 20.2 | | FR/MKT/E/26 | Muktsar-Lakhewali via Balamgarh- Maur-Ramgarh-Chak MadrasaJ- Madrasa | 24.3 | | FR/MKT/E/27 | Malout-Khunan Kalan via Virk Khera- Alamwala-Lakkarwala-Ratta Khera- Bhukerian-Tarkhan wal a | 21.2 | | FR/MKT/E/28 | Old Bus Stand Malout-Kakhanwali via Adhnian-Sehna Khera-Sikhwala | 24 | | FR/MKT/E/29 | Malout-Doda via Sekhu-Jandwala- 1 Gurusar-Smagh-Mannianwala- Sukhna | 22 | | FR/MKT/E/30 | Muktsar-Giljewala via Rupana- Duhewala-Khunan | 22 | | FR/MKT/E/31 | Muktsar-Kuttianwali via Duhewala- Rahoorianwali-Dabwali-Kangankhera | 23.5 | | FR/MKT/E/32 | KheinaKhera-Malout via Bhaika Khera- Kolianwali-Chappianwali | 22 | | FR/MKT/E/3 3 | Muktsar-Karampatti via Bhagwanpura- Srawana Bodla-Kattianwali-Gaddan Dob-Raniwala | 21 | | FR/MKT/E/34 | Gidderbaha-Doda via Husner-Madhine- Rakhala extension upto Kauni | 20 | | FR/MKT/E/3 5 | Kauni-Gidderbaha via Bham-Kot Bham- Bhaliana | 25 | | FR/MKT/E/36 | Muktsar-Akanwala via Mahabader- Bhangchari-Dabra-Tamkot- Lakkerwala-Bhullerian | 25 | | FR/MKT/E/37 | Bodiwala-Muktsar via Shergarh- Tarkhanwala-Khunan-Chhiberanwali- Mahabaddar-Rahoorianwali | 24.2 | | FR/MKT/E/38 | Lambi-Gidderbaha via Channu-Beedowali | 19.8 | | FR/MKT/E/39 | Doda-Gidderbaha via Rakhala-Madhir | 24 | | FR/MKT/E/40 | Muktsar Thakanwala via Rurianwala-Mahabadar-Chhiberanwali-Khunan | 22.3 | | FR/MKT/E/41 | Muktsar-Sure wala via Ajit Cinema-Chak Beer Sarkar-Dr. Kehar Singh marg- Thandewala-Bhuttiwala-Khirkianwala- Assa Butter | 24.5 | | FR/MKT/E/42 | Gidderbaha-Bhagwana Mehma via Kot Bhai Chotian-Kothe-Chappriwala-Killi-Nihal wala | 22 | | FR/MKT/E/43 | Dhurkot-Muktsar via Kauni-Doda- Bhuller Sanghu Dhaun-Barkandi-Ajit Cinema | 24.8 | | FR/MKT/E/44 | Muktsar-Mukand Singh Wala via Boora- Gujjar-Jasseana-Lande Rode-Kannianwali | 24.8 | | FR/MKT/E/45 | Lakharwali-Malout via Dhab Jhurar-Autakh | 19.2 | | FR/MKT/E/46 | Danewala-Gidderbaha via Ghumiara-Khera-Faqarsar-Bajwala | 22 | | FR/MKT/E/47 | Malout-Khunan Khurd via Malwala-Kaotrewala-Waddian-Lindewala | 19.2 | | FR/MKT/E/48 | Muktsar-Mannianwala via Rupana-Chak Duhewala-Khunan-Giijewala | 24.7 | | FR/MKT/E/49 | Gidderbaha-Balluana via Peori-Jhumba Chugge Khurd-ChuggaKalan | 24 | | FR/MKT/E/50 | Muktsar-Mannianwala via Rupana-Sotha-Chak Giljewala | 21 | | FR/MKT/E/51 | Lambi-Gidderbaha via Khudian-Channu Beedowali | 24 | | FR/MKT/E/52 | Moiout-Khunan Khurd via Sekhu- Jandwala-Mai Katorewala-Krahewala- Badion-Lundewala | 23.6 | | FR/MKT/E/53 | Surewala to Muktsar via Assza Butter-Bhuttiwala-Khirkianwala-Thandewala-Sangu Dhum-Chak Beer Sarkar | 23.5 | | FR/MKT/E/54 | Gidderbaha-Killi Nihal Singh via Kot Bhai- Virk Kalan-Bhissian | 21.9 | | FR/MKT/E/55 | Shergarh-Muktsar via Khunan- Tarkhanwala | 24 | | FR/MKT/E/56 | Muktsar-Dohak via Udekaran-Chauntra Sangrana-Sakkanwali-Jandoke-Buddimar | 24.1 | | FR/MKT/E/57 | Gidderbaha Malian via Kotbhai-Sahib Chano-Bhalliana-Kothe Dhurkot | 25 | | FR/MKT/E/58 | Harike Kalan-Muktsar via Khokhar-Haraj-Kotli Sangher-Jhabelwali- Thandewala-New Sarak | 21.5 | | FR/MKT/E/59 | Gidderbaha-Dhurkot via Bharu Kot Bhai- Sahib Chano-Bhaliana | 22.2 | | FR/MKT/E/60 | Jhanduwala-Muktsar via Jhanduwala-Gehri-Ranjitgarh-Khepawali-Gurlabewala- Lamba Dhab-Focal Point-Kabarwala | 25 | | FR/MKT/E/61 | Baruwali-Doda via Sarainaga-Khokhar- Harike-Kauni-Assa Butter-Surewala | 24.9 | | FR/MKT/E/62 | Gidderbaha-Khunan via Madhir-Suhagh Manianwala | 19.5 | | FR/MKT/E/63 | Muktsar-Wattu via Ude Karan-Charewan- Jhabelwali-Dodanwali-Takhatmaluana- Jamuana-Baja | 22.5 | | FR/MKT/E/64 | Muktsar-Sarainaga via Dr. Kehar Singh Road-Thandewala-Bhuttianwala- Haraj-Waring | 23.7 | | FR/MKT/E/65 | Malour-Khema Khera via Burj an-Sham Khera-Balocha Kera-Khema Khera | 20.1 | | FR/MKT/E/66 | Malout-Malookpur via Karamgarh- Dab wall-Dhab-Gurusar-Jodha- Jodhpur | 21 | | FR/MKT/E/67 | Malout-Khema Khera via Burj an-Sham Khera-Baloch Khera | 20.1 | | FR/MKT/E/68 | Bariwala Mandi-Sadiq via Baja Chak Jandoke-Randhawan-Seerwali- Bhangewala-Man Singh Wala-Kingre | 25 | | FR/MKT/E/69 | Gidderbaha-Doda viaHusner-Madhir- Swaj-Mannianwala-SukhnaAblu | 24 | | FR/MKT/E/70 | Fathuhiwala Village-Mandi Killianwali via Sikhwala-Panj wa-B anwala-Mehna | 22.9 | | FR/MKT/E/71 | Dhurkot-Gidderbaha via Butter-Sharin- Bhalike-Sahib Chand-Kotbhai-Bharu | 22 | | FR/MKT/E/72 | Muktsar-Jandwala via Mour-Ramgarh- Akalgarh-Chak Sohelewal | 24.6 | | FR/MKT/E/73 | Kothe Hazur Singh Wala-Muktsar via Kothe A margarh-Dhurkot-Kauni-Dhoda- Bhaloor | 24.3 | | FR/MKT/E/74 | Gidderbaha-Aulakh via Husner-Gurusar-Landewala-Badiana | 22 | | FR/MKT/E/75 | Malan-Muktsar via Goodri-Sanger- Assa Butter-Bhithiwala-Thandewala | 22 | | FR/MKT/E/76 | Gidderbaha-Balluana via Peori Jhumba Chugga Kalan-Chugge Khurd | 24.5 | | FR/MKT/E/77 | Gidderbaha-Teona via Peori Jhumba=-Chugga Kalan-Chugge Khurd | 25 | | FR/MKT/E/78 | Malout-Raniwala via Pannu Khera- Sarwana-Kattianwala-Gaddan Dob | 20.9 | | FR/MKT/E/79 | Badian-Muktsar via Landewala-Khunan-Dhuhewaia-Rupana | 23.4 | | FR/MKT/E/80 | Killianwalai-Bhullarwala via Lohara- Ghuniara-Middu Khera-Fatta Khera- Lohgarh-Juttanwali | 25 | | FR/MKT/E/81 | Roranwali-Killianwali via Sikhanwala- Kakhanwali-Panjawa-Banwala- Mehna | 24.7 | | FR/MKT/E/82 | Malout Bus Stand-Mohala via Village Malout-Virk Khera-Alamwala- Bodiwaia-Midda-Raniwala | 23.1 | | FR/MKT/E/83 | Gidderbaha-Deon via Dhani Balkar Singh- Daula-Satnam Bus Stand-Virk Khurd- Virk Kalan | 24.9 | | FR/MKT/E/84 | Muktsar-Bajewala(Chak Baja) via Charewan-Jhabelwali-Godanwali- Takhat Mullana-Jammuana | 24,1 | | FR/MKT/E/85 | Malout-Doda via Sekhu-Jandwala- Gurusar-Samagh-Manianwala | 22 | | FR/MKT/E/86 | Dhurkot-Muktsar via Kauni-Doda- Bhullar-Sanghu Dhaun | 23.8 | | FR/MKT/E/87 | Killianwali-Pakka Kalan via P¡¯nallar-Doomwali-Pathrala | 21.8 | | FR/MKT/E/88 | Lambi-Khandu Khera via Panjawa- Sikhwala-Fatuhi wala-Roranwali-Bhittiwala | 21.2 | | FR/MKT/E/89 | Bannwala-Muktsar via Pakkan-Sherewala-Chibberianwala-Jindwaia-Maha baddar-Roh irian wali-Goniana | 25 | | FR/MKT/E/90 | Sikh wala-Gidderbaha via Panjawa-Lambi-Gulabgarh Channu-Beedowali-Lai Bhai-Tharaj wala | 21.2 | | FR/MKT/E/91 | Muktsar-Saunke via Maha Badar-Badar-Bhangchari-Dabra-Tamkot | 22.6 | | FR/MKT/E/92 | Gurhi Sanger to Gidderbaha via Butter-Sharin Dhurkot-Chhatiana-Kothe Dashmesh Nagar-Kot Bhai- Bharu | 25 | | FR/MKT/E/93 | Old Bus Stand Molout-Kuttianwali via Abul Khurana-Tappa Khera-Deon Khera-Phullu Khera | 22.9 | | | Mansa | | | FR/MANSA/E/1 | Sardulgarh-Fatta Malooka via Tibbi-Mirpur-Bhagwanpura-Adamke-Cnotian-Bum-Jhanduke | 22.4 | | FR/M ANSA/E/2 | Sardulgarh-Maan Khera via Sangha-Narel Khera-Dingh Chauk | 25 | | FR/MAN S A/E/3 | Mansa-Raipur via Kot Dharmu-Uddat-Chhapianwali | 22 | | FR/MANSA/F/4 | Mansa-Mian Kanchian via Nangal-Dullowal-Kot Dharmu-Uddat-Bajewala Veerewala-Jharianwali-Mian | 24.9 | | FR/MANSA/E/5 | Mansa Tandian via Kot Dharmu- Chhappianwali-Rajpur | 24.9 | | FR/MANSA/E/6 | Boha-Baotta via Sherkhan-Chak Alisher-Dharampura | 23 | | FR/MANS A/E/7 | Mansa Kamalu via Ramdittewal-Gagowal-Makha | 22.5 | | FR/MANSA/E/8 | Jhunir-Budhlada via Danewala-Nandgarh-Malkon-Uddat-Boha-Mandir-Kalipur | 25 | | FR/M ANSA/E/9 | Mansa-Dasondhian via Javvaharke Nangal Khurd-Dulowal-Kot Dharmu- Bhamme Kalan-Ramanandi-Bahalike | 25 | | FR/MANSA/E/10 | Mansa-Behniwal via Ramditte-Gehle-Gagowal-Makha Kamalu-Chamali | 24.9 | | FR/MANSA/E/11 | Mansa-Matti via Khiala-Bhupal-Alisher-Moujo | 20 | | FR/MANSA/E/12 | Mansa-Nangal via Nangal Khurd- Ghagrana-Gagowal-Makha-Raipur | 23 | | FR/MANSA/E/13 | Mansa-Sukha Singh Wala via Tamkot- Burj Flarike-Ubha-Burj Rathi | 23 | | FR/MANSA/E/14 | Mansa-Jhabbar via Mansa Khurd-Khiala-Tamkot-Burj Hari-Ubha-Burj Dhilwan | 24.7 | | FR/MANSA/E/15 | Bhikhi-Kulana via Dhelewala-Beroke Khurd Chak Bhaike-Budhiada village | 25 | | FR/MANSA/E/16 | Baretta-Boha via Kukerian-Bhawa Chak Birewala-Reond-Maghaniana-Sher Khan wala | 25 | | FR/MANSA/E/17 | Mansa-Bareh via Nangal Khurd-Nangal Kalan-Deluana-Saharana-Mandli-Tahlian | 24 | | FR/MANSA/E/18 | Mansa-Chauke via Thuthianwali-Bhaini- Burj Harikaa-Ubha-Burj Dhilwan-Pirkot | 24.9 | | FR/MANSA/E/19 | Budhiada Pind-Baraetta via Datewas- Phuluwala-Gobindpura-Sagheri-Jalwara | 23 | | FR/MANSA/E/20 | Budhiada-Lehra Gaga via Rauli-Duska- Harinau-Ladal | 24.9 | | FR/MANSA/E/21 | Budhiada-Alisher via Kalipur-Mander-Boha-Sher Khan wala-Maghaniaa- Jhalbutti (Ramgarh) | 24.5 | | FR/MANSA/E/22 | Mansa-Dhinger via Ramdiltewala-Mussa- Aklia-Talwandi-Barnala-Chahlanwali | 24 | | FR/M ANSA/E/23 | Saradulgarh-Moda via Fatta Malookaa- Jhandoke-Chainewala | 22.1 | | FR/MANSA/E/24 | Pakho-Bhikhi via Joga-Anoopgarh- Aai iisher-Maujo-Matti | 24.5 | | FR/MANSA/E/25 | Budhiada-Lehra Gaga via Rauli-Duska-Harinau-Ladal | 24.9 | | FR/M ANSA/E/26 | Sardulgarh-Jhanduke via Kauri Bara- Ahlupur-Dhigana-Bhagwanpura- Adamke-Chotian-Alike | 21.4 | | FR/MANSA/E/27 | Rarpur-Sardulgarh via Jherianwalii-Ulak- Chuhria-Katra-Jattana Khurd-Fatta Malooka-Tibbi-Hari Singh-Sardulewaia | 21.8 | | FR/MANSA/E/28 | Moda-Mian Kanchian via Fatehpur- Ghurkani-Jhunir-Ghudduwala | 24.8 | | FR/MANSA/E/29 | Mansa-Ubha via Kainchian-Tamkot-Burj Harike | 17 | | FR/M ANSA/E/30 | Budhiada-Jhunir via Phulewala-Mai Singhwala-Qasampur-Chhina-Alampur Mander Dalelwala-Danewala | 24.8 | | FR/MANSA/E/31 | Budhiada-Beerewala via Satike-Chanak- Saidewala-Saspali-Todarpur-Jhalbutti- Andianwal i-Chak | 23.2 | | F R/M A NS A/E/32 | Banwala-Jhunir via Raipur-Jherianwali- Birewala-Bhaalai-Dasondhia-Lallianwali | 24.5 | | FR/M AN S A/E/33 | Moda-Boha via Pilsian-Mamdeke- Ladhuwas-Hakamwala | 23.5 | | FR/MANSA/E/34 | Mansa-Nandgarh via Jawaharke via Nangal Kaian-Deiluana-Akkanwali-Dalelwala | ' '25 ¡ö | | FR/MANSA/E/35 | Bhikhi-Harigarh via Samon Khiwa Kalan- Khiwa Khurd-Dyalgarh-Dhandarian- Sahoke-Mander-Mander-Bugger-Kubbey | ' 24.8 | | F R/MAN S A/E/36 | Bhikhi- Aklia via Sarnon-Atia Kalan-Alisher Khurd-Alisher Kalan-Anoopgarh-Joga | 24 | | FR/'MAN S A/E/37 | Aklia-Bhikhi via Jogaa-Raiia-Makha- Alaisher-Ada-Sarnon | 24 | | FR/MANSA/E/38 | Jhunir-Moffer via Ghurkana-Fatehpur- Moda-Pilchhian | 20 | | F'R/MAN S A/E/39 | Bhikhi-Joga via Samoa-Alta Khurd-Atla Kalan-Aalisher Kalan-Anoopgarh-Ralla- Makha | 24.8 | | FR/MANSA/E/40 | Budhiada-Alampur via Kulana-Rampur- Mandir-Boha-Uddat | 24.5 | | FR/MANSA/E/41 | Jhunir-Lakhewala via Danewala-Uddat- Malkorr-Boha | 24.3 | | FR/MANS A/E/42 | Budhiada-Jakhepal via. Bachhuana-Dodra- Bhadra-Kanakwal-Dharamgarh | 22 | | FR/MANSA/E/43 | Budhiada-Bhimra via Kalipur-Boha- Hakamwala | 24.8 | | FR/MANSA/E/44 | Mansa-Ulak via Jawaharke-Nangal Khurd- Dhullowal-Kot Dharmu-Bhamme Kalan- Raman Mandi-Bhalike-Burj | 24.9 | | FR/MANSA/E/45 | Mian-Sardulgarh via Jagatgarh Bander-Kusla- Jatana Kalan-Tibbi-Sardulewala | 24.5 | | F RAI A N S A/E/46 | Birevvala- Baretta via Chak-Bhawa-Kulrian- Mander | 23 | | FR/MANSA/E/47 | Mansa-Jhunir via Jawaharke-Nangala Kalan- Deiluana-Akkanwali-Lakhmirewala-Koraewala | 23 | | FR/MANSA/E/48 | Budhiada-Bhimra via Kalipur-Mander-Boha- Hakamwala-Sardarwala-Tadhuwas | 24.8 | | FR/M ANSA/E/49 | Sardulgarh-Raiya via Saradulewala-Rori- Malheri-Rohan-Fagu-Gandu Fatta- Kalalwala | 24.1 | | FR/MANSA/E/50 | Mansa-Bhalike via Dasondia-Lallianwalli- Bhamme Khurd-Bhammee Kalan-Kot Dharamu-Dullewala-Nangal Khurd- Jawaharke | 23 | | FR/MANSA/E/51 | Sunam-Marti via Chimaa-Heri Kalan-Hero Khurd | 25 | | FR/'M ANSA/E/52 | Mansa-Guraddi via Lallulana-Dalewala Mullewala Village-Bhikhi Dhehvan | 19.5 | | FR/MANSA/E/53 | Moda-Jhunir via Fatehpur-Gurukarni- Charewan-Fatta Malooka | 20.8 | | FR/MANSA/E/54 | Lakhmirwala-Mansa via Akkanwali- Deiluana-Nangal Kalan-Jawaharke | 20.4 | | FR/MANSA/E/55 | Moda-Sardulgarh via Fatehpur-Ghurkanai- Chainewala-Jhanduke-Fatta Malooka- Tibbi-Sardulewala | 22.1 | | FR/MANSA/E/56 | Sardulgarh-Rajrana via Jhande Kalan- Nahran-Karanai | 15 | | FR/MANSA/E/57 | Budhiada-Mossir via Kalipur-Boha-Uddat- Sard ule wala-Malooka-F arideke | 24.2 | | FR/M AN S A/E/58 | Raipur-Sardulgarh via Jherianwali-Main- Uddat-Burj-Ghudduwala | 21.3 | | FR/MANSA/E/59 | Kankwal Bhanguana-Bhikhi via Rattangarh- Dharamgarh-Kanakwal-Chehlan-Hero Khurd-Heri Kalan | 24.2 | | FR/MANSA/E/60 | Sardulgarh-Rori via Surtia-Jhandu Fatta | 22.2 | | FR/MANSA/E/61 | Faridke-Budhiada via Ladhuwas-Bhimshah- Uddat-Boha | 23.9 | | FR/MANSA/E/62 | Maur Mandi-Tamkot via Ghuman Kalan- Sukha Singh Wala-Burj Rathi-Burj Hari | 24.2 | | F R/M AN S A/E/63 | Rajrana-Sardulgarh via Bhattu-Theri- Behabalpur-Bharolanwali-Hanspur- Ahlupur-Kauri anwaia | 23.5 | | FR/MANSA/E/64 | Sardulgarh-Jaurkian via Tibbi-Jatana- .lagatgarh Bander | 20.8 | | FR/M ANSA/E/65 | IJIak Kainchian-Sardulgarh via Jagatgarh- Bander-Chuhrian-Katore-Jatana Khurd- Fatta Malooka-Jatana Kanchian-Tibbi Hari Singh-Sardulewala | 18.5 | | FR/M ANSA/E/66 | Sardulgarh-Lohgarh via Kouriwara-Ahlupur- Hanspur-Khunan-Nagpur-Beeranwali | ¡ö 23.6 | | FR/M AN S A/E/67 | Jhunir-Nang la via Shanevvali-Burj-Ulak- Jourkian | 20.5 | | FR/MANSA/E/68 | Mansa-Jherianwali via Nagla-Dulovval- Uddat-Bajewala-Beerewala | 21.6 | | FR/MANSA/E/69 | Moffer to Sardulgarh via Pilsian-Chainwala- Jhanduke-F atta Malooka | 24.8 | | F R/MAN S A/E/7 0 | Mansa-Danewala via Nangal Kalan-Deluana- Akkanwali-Dalewala Inter District | 24.9 | | | Inter District | | | FR/ID/E/1 | Maur-Ralla via Ghuman Kalan-Kharak Singh Wala-Burj Dhilwan-Ubha | 24 | | FR/ID/E/2 | Jalalabad-Lakhewali via Mahlam-Chak Variroke-Kalewala Kacha-Tambuwala- Ratta Thehar | 25 | | FR/ID/E/3 | Dyalpura-Nihal Singh Wala via Pakharwad- Raunta-Khai-Patto Hira Singh | 24.2 | | FR/I D/E/4 | Nahianwala-Gidderbaha via Lakhi Jangal- Mehma Bhagwana-Burj Mehma-Killi- Kothe Chotian-Kot Bhai-Butter | 25 | | FR/ID/E/5 | Baja Khana-Baghapurana via Lambwali- Sekhan-Smallsar Rode-Rajiana | 25 | | FR/1 D/E/6 | Jaitu-Nahianwala via Bishnandi-Ganga- Dan Singh Wala-Bohar-Kothe | 25 | | FR/ID/E/7 | Bargari-Baghapurana via Burj-Bambhia Bhai-Thathi Bhai-Mari Mustafa-Channuwala-Budh Singh Wala | 25 | | FR/'I D/E/8 | Jaitu-Sarainaga via Rori-Kasam Bhatti- Surguri-Marak-Wara Kishanpura-Harinau | 25 | | FR/ID/E/9 | Kothe Jaitu-Bhagta via Dabri Khana-Wara Bhaika-Romana Ajit Singh-Ghannian- Maiooka-Kothe Guru | 24.3 | | FR/1D/E/10 | Badhni Kalan-Salabatpura via Rauke Kalan- Ransih Khurd-Nihal Singh Wala-Madhoke- Saidoke-Adampura | 25 | | FR/JD/E/11 | Jaitu-Kothe Guru via Dabri Khana-Bhaika-Ghanian-Malooka | 25 | | FR/1D/E/12 | Jai Singh Wala-Singhewala via Ghudda- Nandgarh-Dhunnike-Kotli-Faridkot | 25 | | FR/1D/E/13 | Lakhewali-Amiwala via Nandgarh- Jhotianwali | 17 | | FR/ID/E/14 | Nihal Singh Wala- Bahadur via Bhagike- Talwandi-Kharak Singhwala | 20 | | FR/lD/E/15 | Kothe Bhagta-Chand Singh Wala via Kothe- Guru-Maiooka-Girania-Romana Ajit Singh- Wala Bhaika-Dabri Khana | 24.3 | | FR/D/E/16 | Moga-Talwandi Mallian via Kokri Kalan-Kokri Behniwal-Kokri Buttran-Kapure-Rauli | 24.5 | | FR4D/E/17 | Malout-Sito Guno via Chappianwaii- Kolianwali-Bhai Ka Kera | 25 | | FR/ID/E/18 | Muktsar-Khuranj via Sohnewala-Fattanwala- Sohelewala-Janisar-Ratta Thehar- Kannianwali-Rohiwala | 25 | | FR/lD/E/19 | Abohar-Panniwala via Gobindgarh Chanan Khera-Bhangalu-Ramgarh-Karampatti- Ratta Tibba-Mohlan | 25 | | FR/I DE/20 | Abohar- Mahni Khera via Chakra-Raipur- Dotrianwali-Sardarpura-Bahadur Khera | 25 | | FR/ID/E/21 | Abohar-Sham Khera via Bahawal Jassi-Kera Khera-Mai ookpur-Jodhpur | 24 | | FR/I DE/22 | Malout-Khuban via Burj Sidhwan - Shamkera-Rasulpur-Khema Khera | 24 | | FR/ID/E/23 | Rattewala-Muktsar via Jawahar Singh Wala- Kalewaia-Fattanwala-Sohnewala | 16 | | FR/I DE/24 | Malout-Sito Guno via Chappianwali- Kolianwali-Bhai Ka Kera | 25 | | FR/I DE/2 5 | Mudki- Smaisar via Gill-Dhurkot-Bhaloor- Nathuwala-Demru-Lande Rode | 23 | | FR/I D/E/26 | Ghudda-Gidderbaha via Nandgarh-Chak- Akal Jharani-Bambhia Bhai-Raike Khurd- Jandiana-LoolBai | 25 | | FR/IDE/27 | Peori-Bathinda via Jhumba-Bhai Ka- Chugge Khurd-Teona | 25 | | FR/IDE/28 | Bhinder Kalan-Jagraon via Kokri Behniwal- Kokri Buttran-Talwandi Mailian-Galab Kalan Kaler | 23 | | FR/IDE/29 | Bagapurana-Salabatpura via Samad Bhai- Raunta-Pakharwad-Dialpura | 25 | | FR/I D/E/30 | Baghapurana-Bhagta via Budh Singh Wala- Channuwala-Mari Mustafa-Maur- Nahabad-Thatbi-Cheeds-Sukhnand | 25 | | FR/1DE/31 | Pakkan-Muktsar via Lakhewali Bhagsar- Rahoorianwali | 24 | | FR/ID/E/32 | Budhlaada-Cheema via Bachhuwala-Dodra-Gurdi-Khiwa-Midhanwala-Holdan Kalan-Beer Khurd-Dhaipai Mir Kalan | 24 | | FR/ID/E/33 | Kabulwala-Ferozepur via Bhanger-Sappanwali-Manewala-Piareana-Malwala | 23 | | FR/I D/E/34 | Pakkan-Muktsar via Nandgarh-Lakhewali-Madrasa-Ramgarh-M aur | 24 | | FR/ID/E/35 | Nihal Singh Wala-Manuke via Dhurkot-Takhtupura-Bilaspur-Hathoor | 24.7 | | FR/ID/E/36 | Ablu-Jaitu via Ganga-Barkandi-Bishandi | 19 | | FR/ID/E/37 | Kalewala-Guruharsahai via Roranwali-Rattewal a-Jandwala-Mohantanwala | 17.8 | | FR/ID/E/38 | Abohar-Ratta Tibba via Burj Mehar-Taja Patti-Dharangwala-Murad wala up to Panniwaia via Gharyana-Mohlan | 25 | | FR/ID/E/39 | Kotli-Bathinda via Ablu-Mehma-Sarkari-Mehma Sarja-Nahianwala-Gill Patti | 24 | | FR/ID/E/40 | Moga Talwandi Mai lian via Fatehgarh-Jalalalbad-Bhinder Kalan-Kokri Buttran-Kikri Behniwal | 24 | | FR/ID/E/41 | Jaitu-Assa Butter via Rori Kapura-Hassan Bhatti-Surguri-Marhak-Wara Kishanpura- Surewala-Assa Butter | 22.7 | | FR/1D/E/42 | Baghapurana-Bhagta via Rajeana-Vairoke-Mari Mustafa-Channuwala-Tharaj-Dhilwanwala-Kesarwala | 24.5 | | FR/ID/E/43 | Bargari-Bhaghapurana via Sahoke-Majoke-Smalsar | 24.7 | | PR/1 D/E/44 | Kotkapura-Surewala via Wara Daraka-Maur-Swag-Harie Kalan | 24 | | FR/I D/E/45 | Kotkapura-Surewala via Flaring Surguri-MarkaWara-Kishanpura | 23.56 | | FR/ID/E/46 | Jaitu-Butter Sarin via Rori Kapura-Rameana-Malian-Dhurkot-Butter Sarin | 24.1 | | FRAD/E/47 | Rampura-Joga via Pitho-Badiala-Ballo Chauke-Aklia | 25 | | FR/I D/E/4 8 | Maur-Aklia via Ghuman Kalan-Burj Dhilwan-Jhabbar | 25 | | FR/ID/E/49 | Rampura Pakho Kalan via Pitho-Jaid-Ballo-Roreke Khurd | 22 | | FR/ID/E/50 | Surewala-Jaitu via Warianwali-Madhak-Surghuri-QasamBhatti-Rori Kapura | 20 | | FR/ID/E/51 | Rampura-Pakho via Pitho-Badiala-Rarh | 25 | | FR/ID/E/52 | Bhagta-Nihal Singh Wala via Hamirgarh-Jalal-Aklia-Bhodipura-Didar Singh Wala | 25 | | FR/ID/E/53 | Kalyan-Bhodipura-Dialpura-Kesarwala-Bhodipura-Ranuta-Khai-Kotha Guru-Bhagta-Kesarwala | 24 | | FR/I D/E/5 4 | Sukhanand-Baghapurana via hathi Bhai-Mari Mustafa-Channuwala-and Extension upto Bhagta Bhaika | 24.75 | | FR/I D/E/5 5 | Nihal Singh Wala-Bhadaur via Takhtupura-Bitaspur Machhike-Himmatpura | 24.8 | | FR/I D/E/5 6 | Hathur-Badhni via Lakha-Chakkar-Kussa Minian-Lopon | 25 | | FR/I D/E/57 | Bhagta:-Patto Hira Singh via Kesar Wala-Bhodipura-Raunta-Khai | 24 | | FR/I D/E/5 8 | Kishanpura-Jagraon via Galib Kalan-Talwandi Mall ran-Daya Kalan | 24 | | FR/ID/E/59 | Nihal Singh Wala-Bhagta Bhaika via Patto Didarewala-Raunta-Bhodi-Aklia-Jalal | 25 | | FR/ID/E/60 | Jaitu-Bhagta via Seda Singh Wala-Baja Khana-Dod-Malooka | 24.9 | | FR/1D/E/61 | Jaitu-Bhagta via Jhakharwala-Baja Khana | 24.5 | | FR/1D/E/62 | Bhagta-Patto Hira Singh via Bhodipura-Raunta-Khai | 24 | | FR/1D/E/63 | Kanakwal-Bhaguanto Bhikhi via Rattangarh-Dharamgarh-Hero Khurd-Hodla | 24.2 | | FR/I D/E/64 | Burj Dhilwan-Rappa via Pirkot-Chauke-Ballo-Gharailla- | 22 | | FR/ID/E/65 | Tappa Mandi-Rai la via Tajo-pakho-Aklia-Joga | 24 | | FR/ID/E/66 | Kotkapura-Bhagta Bhaika via Dhilwan Kalan-Sivian-Mallke-Shekha Khurd-Thathi Bhai-Cheeda-Sukhanand | 24 | | FR/1D/E/67 | Salabatpura-Lopon via Adampura-Saido-Madhe-Nihal Singhwala-Ramshara-Nangal-Bode-Mimian | 23 | | FR/ID/E/68 | Kishanpura-Jagraon via Galib Kalan-Talwandi Mallian-Daya Kalan | 24 | | FR/lD/E/69 | Sadiq-V. Guruharsahai via Kingre-Bhagsar-Jand Sahib-Pindi-Balochan-Kannianwali-Chhoti-Sharinwlal | 22 |

65ba7299ab84c7eca86eb626

acts

Union of India - Act ---------------------- Coinage (Issue of Commemorative Coin on the occasion of 75th Anniversary of Hoisting of Tricolour for the first time by Netaji Subhash Chandra Bose at Port Blair) Rules, 2018 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- UNION OF INDIA India Coinage (Issue of Commemorative Coin on the occasion of 75th Anniversary of Hoisting of Tricolour for the first time by Netaji Subhash Chandra Bose at Port Blair) Rules, 2018 ================================================================================================================================================================================ Rule COINAGE-ISSUE-OF-COMMEMORATIVE-COIN-ON-THE-OCCASION-OF-75TH-ANNIVERSARY-OF-HOISTING-OF-TRICOLOUR-FOR-THE-FIRST-TIME-BY-NETAJI-SUBHASH-CHANDRA-BOSE-AT-PORT-BLAIR-RULES-2018 of 2018 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ * Published on 13 November 2018 * Commenced on 13 November 2018 Coinage (Issue of Commemorative Coin on the occasion of 75th Anniversary of Hoisting of Tricolour for the first time by Netaji Subhash Chandra Bose at Port Blair) Rules, 2018 Published vide Notification No. G.S.R. 1107(E) , dated 13.11.2018 G.S.R. 1107(E) . - In exercise of the powers conferred by clauses (d) and (e) of sub-section (2) of Section 24 of the Coinage Act, 2011 ( 11 of 2011 ), the Central Government hereby makes the following rules, namely:- ### 1. Short title and commencement. (1) These rules may be called the Coinage (Issue of Commemorative Coin on the occasion of 75th Anniversary of Hoisting of Tricolour for the first time by Netaji Subhash Chandra Bose at Port Blair) Rules, 2018. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Denomination of Coins. - The coin of seventy five rupees denomination shall only be coined at the Mint for issue under the authority of the Central Government on the occasion of "75th Anniversary of Hoisting of Tricolour for the first time by Netaji Subhash Chandra Bose at Port Blair". ### 3. Dimension and composition of coins. - The coins of the above denomination mentioned in rule 2 shall conform to the following dimensions and composition, namely: - | | | | | | --- | --- | --- | --- | | Denomination of the coin | Shape and outside diameter | Number of Serrations | Metal Composition | | (1) | (2) | (3) | (4) | | Seventy FiveRupees | Circular44 millimeter | 200 | Quaternary Alloy Silver - 50 Per cent Copper - 40 Per cent Nickel - 05 Per cent Zinc - 05 Per cent | ### 4. Design. - The design of the coin shall be as specified in the First Schedule to these rules. ### 5. Standard weight and remedy allowed. - The Standard weight of coins of above denomination coined to commemorate the occasion of 75th Anniversary of Hoisting of Tricolour for the first time by Netaji Subhash Chandra Bose at Port Blair and the remedy allowed in making of coin shall be as specified in the Second Schedule to these rules. First Schedule (See Rule 4) Seventy Five Rupees Obverse: This face of the coin shall bear the Lion Capitol of Ashoka Pillar in the centre with the legend ^^lR;eso t;rs **inscribed below, flanked on the left periphery with the word ^^Hkkjr** in Devanagari script and on the right periphery with the word "INDIA" in English. It shall also bear the Rupee symbol "L" and denominational value "75" in International Numerals below the Lion Capitol. Reverse: This face of the coin shall bear the portrait of "Netaji Subhash Chandra Bose" saluting the flag on the background of cellular jail. A numeral 75th along with inscription "anniversary" is depicted below the portrait. The inscription ^^izFke /otkjksg.k fnol\*\* in Devanagari script and "FIRST FLAG HOISTING DAY" in English shall be written in the left and right periphery of the coin. The date range "30.12.1943 - 30.12.2018" in international numeral shall be flanked on lower periphery of the coin. Second Schedule (See Rule 5) | | | | | --- | --- | --- | | Denomination of coin | Standard Weight | Remedy Allowed | | In composition | In Standard Weight | | (1) | (2) | (3) | (4) | | Seventy FiveRupees | 35 Grams | 1/500th plus or minus for silver, that is to say the Silver content may vary from 498 to 502 per 1000. | 1/100th plus or minus that is to say weight could be 34.65 grams to 35.35 grams. |

65b937c5ab84c7eca86e8a1a

acts

State of Odisha - Act ----------------------- The Orissa Vesting of Properties (in Grama Sasans) Act, 1964 -------------------------------------------------------------- ODISHA India The Orissa Vesting of Properties (in Grama Sasans) Act, 1964 ============================================================== Act 10 of 1964 ---------------- * Published on 4 July 1964 * Commenced on 4 July 1964 The Orissa Vesting of Properties (in Grama Sasans) Act, 1964 Act No. 10 of 1964 [Dated 4.7.1964] For Statement of Objects and Reasons see Orissa Gazette Extraordinary No. 134/ 4.3.1963 ; and for Report of the Select Committee see ibid, No. 679/26.9.1963. An Act for vesting of certain properties in the Grama Sasan for better management and control thereof and for extinguishment of rights therein Whereas it is expendient in the public interest to provide for the vesting of the possession, management and control of orchards, tanks and trees belonging to Government in the Grama Sasans for the better management, control and utilisation of such properties in the manner hereinafter appearing; It is hereby enacted by the Legislature of the State of Orissa in the Fifteenth Year of the Republic of India, as follows : ### 1. Short title, extent and commencement. (1) This Act may be called the Orissa Vesting of Properties (in Grama Sasans) Act, 1964. (2) It extends to the whole of the State of Orissa. (3) It shall come into force on such date as the Government may, by notification, appoint in that behalf. ### 2. Definitions. - In this Act unless the context otherwise requires- (a) "Claims Officer" means a Sub-divisional Officer and includes any other officer not being below the rank of a Deputy Collector appointed as such by Government; (b) "Government" means the State Government of Orissa; (c) "Grama Sasan", "Grama Panchayat" and "Grama Fund" shall respectively mean the Grama Sasan, Grama Panchayat and Grama Fund constituted under the Orissa Grama Panchayats Act, 1948 (Orissa Act 15 of 1948); (d) "prescribed" means prescribed by rules made under this Act. ### 3. Vesting of orchards and tanks belonging to Government. (1) The Collector may, in the public interest by notice published in the prescribed manner declare the possession, management and control of any tank, orchard or tree belonging to Government to have vested in the Grama Sasan having jurisdiction : Provided that no such declaration shall be made in respect of any such property, wherein any village community or a section thereof has any rights, other than rights as were liable to be terminated without payment of compensation at any time by or on behalf of Government unless the Grama Panchayat of the Grama Sasan having jurisdiction, by resolution passed by two-thirds majority, expresses its willingness to take over such property. (2) Upon a declaration being made under Sub-section (1) the rights, if any, of all persons including any village community or a section thereof in respect of such tank, orchard or tree shall stand extinguished: Provided that nothing herein contained shall affect- (a) the customary use of water of such tank for purposes of drinking or bathing ; or (b) any irrigation rights therein allowed under the law in force in the area. ### 4. Filing of claims. (1) Upon the extinguishment of rights under Section 3 any person interested, whose rights are so extinguished may within sixty days from the date of publication of the notification under the said section apply in the prescribed manner to the Claims Officer having jurisdiction for determination of the compensation, if any, payable in respect of such rights : Provided that no compensation shall be payable in respect of rights as were liable to be terminated without payment of compensation at any time by or on behalf of Government. (2) On receipt of an application under Sub-section (1) the Claims Officer shall after giving the parties concerned and the concerned Grama Panchayat an opportunity of being heard and after holding an enquiry in the prescribed manner determine the nature of the rights and the compensation, if any, payable in respect thereof in accordance with the provisions of Subsection (1) of Sections 23 and 24 of the Land Acquisition Act, 1894 (1 of 1894). (3) The compensation determined by the Claims Officer under Subsection (2) shall be paid by Government in the manner prescribed. (4) Government shall have the right to be impleaded as party to the proceedings before the Claims Officer. ### 5. Taking over possession and management of properties vested in Grama Sasans. (1) Upon a declaration being made under Section 3, the Grama Sasan concerned shall subject to such conditions and restrictions as may be prescribed be entitled to the possession, management and control of the property in respect of which such declaration has been made and in the event of any obstruction in taking over possession of any such property the Grama Sasan may apply to the Collector who shall take such steps as may be necessary to put the Grama Sasan in possession of the property. (2) The income from the aforesaid properties shall be credited to the Grama Fund. (3) The accounts in respect of such properties shall be maintained in the prescribed manner. ### 6. Special provisions in respect of properties already vested. (1) The provisions of this Act and the rules and orders made thereunder shall, so far as may be, apply in relation to a tank, orchard or tree belonging to Government, the possession, management and control whereof has vested in the Grama Sasan in pursuance of an order made by Government before the date of commencement of this Act and shall, subject to the provisions of Sub-section (2), have force and effect as fully and effectively as if the vesting of possession, management and control of such property in the Grama Sasan had been effected under this Act on the date aforesaid : Provided that nothing herein contained shall have the effect of extinguishing any rights in such property validly created in favour or any person by the Grama Sasan at any time after the date of the orders of Government as aforesaid. (2) In respect of any tank, orchard or tree to which the provisions of Sub-section (1) apply- (a) a declaration specifying such property shall be deemed to have been made by the Collector under Section 3 on the date of commencement of this Act; (b) an application under Sub-section (1) of Section 4 may be made within sixty days from the date of commencement of this Act ; and (c) all proceedings pending on the said date in any civil or revenue Court or before any other revenue authority in so far as they relate to any rights extinguished by the operation of this Act shall stand annulled. (3) The provisions of this section shall have effect notwithstanding anything to the contrary contained in any other law or contract or in any judgement, decree or order of any Court or other authority. ### 7. Withdrawal from management. (1) If at any time it appears to Government that- (a) the Grama Sasan is not capable of efficiently managing any property specified in any declaration made under Section 3; or (b) it is otherwise necessary in the public interest so to do; they may by order direct that the possession, management and control of such properties shall stand transferred to the Government: Provided that on such order being made- (a) the Grama Sasan shall be entitled to such compensation as may be determined by Government in respect of improvements of a permanent nature, if any, affected by the Grama Sasan at its own cost; and (b) the rights, if any, created in favour of any person by the Grama Sasan at any time during the period such Grama Sasan remained in possession shall stand extinguished and such person shall be entitled to compensation, so far as may be, in accordance with the provisions of Section 4 on an application made in that behalf within sixty days from the date of the said order. (2) On and from the date of the order made under Sub-section (1) the declaration under Section 3 shall cease to have effect and the income of such property after the said date shall be credited to the Consolidated Fund of the State. ### 8. Appeal and revision and bar of jurisdiction of Civil Courts. (1) Any person aggrieved by any decision of the Claims Officer under Section 4 may, within thirty days from the date of the order, prefer an appeal before the Revenue Divisional Commissioner having jurisdiction. (2) Any person aggrieved by any order passed in an appeal under Sub-section (1) may, within ninety days from the date Of such order, file an application for revision on a question of law before the High Court. (3) Subject to the decisions in appeal or revision, if any, under the preceding sub-sections all orders made under this Act shall be final. (4) No Civil Court shall have jurisdiction to entertain any suit of proceeding so far as it relates to any matter which any officer or other competent authority is empowered by or under this Act to decide. Explanation - For the purposes of this section "person" shall include Government. ### 9. Authorities to exercise certain powers of Civil Court. (1) The Claims Officer, Collector and the Revenue Divisional Commissioner shall for the purposes of this Act have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of- (a) summoning and enforcing the attendance of witnesses and examining them on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavit; and (d) such other matters as may be prescribed. (2) All enquiries and proceedings before the aforesaid authorities under this Act shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of the Indian Penal Code (45 of 1860). ### 10. Power to make rules. (1) The Government may make rules to carry out purpose of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for- (a) the procedure to be followed by the Claims Officer, Collector and the Revenue Divisional Commissioner while proceeding under any of the provisions of this Act; (b) the forms of applications, notices, and books of account; (c) all other matters which, under the provisions of this Act, are required to be or may be prescribed. (3) All rules made under this section shall be laid before the Legislative Assembly as soon as possible after they are made for a total period of fourteen days which may be comprised in one or more sessions and shall be subject to such modifications as the Assembly may make during the said period. ### 11. Act to override other laws. - Save as otherwise expressly provided the provisions of this Act shall have affect, notwithstanding anything to the contrary in any other law, custom, or usage or agreement, sanad or other grant or in any decree or order of Court or any other authority. ### 12. Power to remove doubts and difficulties. - If any doubt or difficulty arises in giving effect to the provisions of this Act, Government may, as occasion may require, by order, do anything not in consistent with the provisions of this act or the rules made thereunder, which appears to them necessary for purposes of removing the doubt or difficulty.

65ba6c44ab84c7eca86eb42d

acts

Union of India - Act ---------------------- Banking Service Commission Act, 1975 -------------------------------------- UNION OF INDIA India Banking Service Commission Act, 1975 ====================================== Act 42 of 1975 ---------------- * Published in Gazette of India on 7 August 1975 * Not commenced 1. Repealed by [Banking Service Commission (Repeal) Act, 1978. (Act 20 of 1978) on 18 May 1978 ] An Act to provide for the establishment of a Commission for the selection of personnel for appointment to services and posts in certain banking institutions and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows:- Section -1 Short title and commencement (1) This Act may be called the Banking Service Commission Act, 1975. (2) It shall come into force on such date as the Central Government may, by notification, appoint. Section -2 Definitions In this Act, unless the context otherwise requires,- (a) "banking company" has the meaning assigned to it in the Banking Regulation Act, 1949((10 of 1949)); (b) "Chairman" means the Chairman of the Commission; (c) "Commission" means the Banking Service Commission, established under sub-section (1) of section 3; (d) "Junior officers' cadre", in relation to a public sector bank, means such cadre of junior officers as the Central Government may, by notification, specify in relation to that bank; (e) "Member" means a member of the Commission, but does not include the Chairman; (f) "Notification" means a notification published in the Official Gazette; (g) "Prescribed" means prescribed by rules made under this Act; (h) "Public sector bank" means- (i) A corresponding new bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970(5 of 1970); (ii) The State Bank of India constituted under the State Bank of India Act, 1955(23 of 1955); (iii) A subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959(38 of 1959); (i) "regulation" means regulation made under this Act; (j) "Reserve Bank" means the Reserve Bank of India, constituted under the Reserve Bank of India Act, 1934(2 of 1934); (k) "Secretary" means the Secretary of the Commission Section -3 Establishment of the Commission (1) With effect from such date as the Central Government may, by notification specify in this behalf, there shall be established a Commission, to be called the Banking Service Commission. (2) The Commission shall be a body corporate having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract, and may by the said name sue and be sued. (3) Unless otherwise provided by the Central Government by notification, the Central Office of the Commission shall be at New Delhi. (4) The Commission shall have regional offices in such State or group of States as the Commission may, with the previous approval of the Central Government, determine and no such regional office shall be abolished without the previous approval of the Central Government. Section -4 Appointment and terms of office of Chairman and members (1) The Central Government shall, by notification, appoint a person to be the Chairman of the Commission and not more than eight other persons to be members of the Commission. (2) The Chairman and members shall be persons who, in the opinion of the Central Government, are men of ability, integrity and standing and have special knowledge of, or practical experience in, financial economic or business administration or in the administration of Government or in any other matter which would render such person suitable for appointment as Chairman or member: Provided that as nearly as may be one-half of the members shall be persons who, on the date of their respective appointments, have had such experience for not less than ten years in a banking company or in any public sector bank or Reserve Bank or in an institution wholly or substantially owned by the Reserve Bank or a public financial institution. Explanation I.-For the purposes of this section and of section 5, each of the following institutions shall be deemed to be a public financial institution, namely:- (i) The Industrial Credit and Investment Corporation of India Limited, a company formed and registered under the Companies Act, 1956(1 of 1956); (ii) The Industrial Finance Corporation of India, established under section 3 of the Industrial Finance Corporation Act, 1948(15 of 1948); (iii) The Industrial Development Bank of India, established under section 3 of the Industrial Development Bank of India Act, 1964(18 of 1964); (iv) The Life Insurance Corporation of India, established under section 3 of the Life Insurance Corporation Act, 1956(31 of 1956); (v) The Unit Trust of India, established under section 3 of the Unit Trust of India Act, 1963(52 of 1963); (vi) Any other financial institution which is declared by the Central Government, by notification, to be a public financial institution. Explanation II.-For the purposes of this section and of section 5, an institution shall be deemed to be substantially owned by the Reserve Bank if, in the capital of such institution, that Bank has not less than forty per cent. share. (3) The Chairman or any member 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: Provided that- (a) The Chairman or any member may, by writing under his hand addressed to the Central Government, resign his office; (b) The Chairman or any member may be removed from his office in the manner provided by this Act. (4) The other terms and conditions of service of the Chairman and members shall be such as may be prescribed. (5) If the office of the Chairman becomes vacant or if the Chairman is unable to discharge his functions owing to absence, illness or any other cause, such member of the Commission as the Central Government may, by order, specify, shall discharge the functions of the Chairman up to the date on which a new Chairman is appointed or, as the case may be, the Chairman resumes his duties. Section -5 Prohibition as to holding offices by Chairman or member on ceasing to be such Chairman or member A person who holds office as Chairman or member shall, on his ceasing to hold such office by reason of the expiration of his term or otherwise, be ineligible for re-appointment in the Commission or for employment under the Government of India or of any State or in the Reserve Bank or in any institution wholly or substantially owned by the Reserve Bank or in any public sector Bank or any banking company or in a public financial institution: Provided that a member to whom this section applies, shall be eligible for appointment as Chairman, but shall not be eligible for any other employment. Section -6 Removal and suspension of Chairman or the members from office in certain circumstances (1) The Central Government may remove from office the Chairman or any member, who- (a) is adjudged an insolvent, or (b) Is convicted of an offence involving moral turpitude, or (c) Is, in the opinion of the Central Government, unfit to continue in office by reason of infirmity of mind or body, or (d) engages during the term of office in any paid employment outside the duties of his office, or (e) Has acquired such financial or other interest as is likely to affect prejudicially his functioning as the Chairman or a member, or (f) Has so abused his position as to render his continuance in office undesirable. (2) Notwithstanding anything contained in sub-section (1), the Chairman or any member shall not be removed from office on the ground specified in clause (d) or clause (e) or clause (f) of that sub-section unless the matter has been referred to an Inquiry Officer appointed under sub-section (3) and such officer has, after an inquiry, held in accordance with such procedure as the Central Government may specify in this behalf, reported that the member ought, on such grounds, to be removed. (3) For the purpose of holding an inquiry under sub-section (2), the Central Government may, by order, appoint, as an Inquiry Officer, a person who is holding or has held the office of a Judge of the Supreme Court or of any High Court. (4) The Central Government may suspend from office the Chairman or any member in respect of whom a reference has been made to an Inquiry Officer under sub-section (2), pending such inquiry. (5) The terms and conditions of service of any Inquiry Officer appointed under sub-section (3) shall be such as the Central Government may, by order, specify. Section -7 Power of Commission to constitute committees (1) The Commission may, in such manner and subject to such conditions and restrictions as may be prescribed, constitute one or more committees consisting wholly of its members or partly of its members and partly of other persons and delegate to any committee so constituted such of the functions and powers of the Commission as may be specified in the rules made by the Central Government: Provided that the Commission may constitute any committee either with, or without, the Chairman as one of the members of such committee. (2) The sitting fee and travelling allowance payable to persons, other than the Chairman and members, for attending any meeting of the committee, shall be such as may be prescribed. Section -8 Secretary and other staff of the Commission (1) The Commission may, with the previous sanction of the Central Government, appoint a Secretary for the efficient discharge of its functions under this Act. (2) The terms and conditions of service of the Secretary shall be such as may be prescribed. (3) Subject to such regulations as may be made in this behalf, the Commission may appoint such other employees as it may think necessary for the efficient discharge of its functions under this Act on such terms and conditions as the Commission may, having regard to the terms and conditions of service of the comparable posts in the Central Government, determine with the previous sanction of the Central Government. Section -9 Authentication of orders and other instruments of the Commission (1) All orders and instruments issued by the Commission shall be authenticated by the signature of the Secretary or any other officer of the Commission authorised by the Chairman in this behalf. (2) Orders or instruments issued by the Commission and authenticated in accordance with the provisions of sub-section (1) shall be evidence of the matters recorded therein and shall be 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. Section -10 Duty of Commission to hold competitive examinations for appointment to posts in public sector banks (1) It shall be the duty of the Commission to conduct examinations for appointments in each public sector bank to- (a) Posts in the clerical and allied cadres and the junior officers' cadre, and (b) Such other posts of, or posts in the cadres of, officers as the Central Government may, by notification, specify. (2) If any question arises as to whether any post or class of posts falls in any clerical and allied cadre or junior officers' cadre, such question shall be referred to the Central Government and that Government shall decide the same. Section -11 Calling for applications and conduct of examinations The Commission shall call for applications from such category of persons and in such manner as may be specified by it in the regulations and conduct examinations in such State or group of States as may be necessary having regard to the requirements of section 17 and the vacancies communicated to it under section 12. Section -12 Duty of public sector banks to communicate to the Commission of number of vacancies (1) It shall be the duty of every public sector bank to communicate to the Commission- (a) All the vacancies in the clerical and allied cadres, or in such other post or cadre as may be specified by the Central Government under section 10, and (b) Twenty-five per cent. of the estimated total number of vacancies in the junior officers' cadre,which are likely to occur during the unexpired portion of the calendar year in which this Act comes into force and thereafter, as soon as may be, after the commencement of each calendar year: Provided that, in relation to the junior officers' cadre, the Central Government may, if it is of opinion that it is necessary so to do in the interests of the public sector banks, by notification, raise the percentage of vacancies to be communicated to the Commission to thirty-three and one-third per cent. (2) Communication of vacancies referred to in sub-section (1) shall be made in such form and in such manner as may be specified in the regulations made by the Commission and every such communication, in relation to the vacancies in the clerical and allied cadre, shall also indicate the number of vacancies which exist or are likely to occur in a State or group of States. Explanation.-In this Act, the expression "vacancy" includes a newly created post which has not been filled in. Section -13 Cases in which Commission shall not be consulted It shall not be necessary to consult the Commission in regard to the selection of a person-- (a) For appointment to a post in the clerical or allied cadre, on compassionate grounds (in pursuance of the scheme framed by a public sector bank in consultation with the Commission and with the previous sanction of the Central Government), of a dependant of an employee who had died while in the service of the public sector bank; (b) If the person appointed is not likely to hold the post for a period of more than one year, and it is necessary in the interests of the public sector bank to make the appointment immediately and reference to the Commission will cause undue delay: Provided that- (i) Such appointment is made in the manner specified by the Commission by regulations and is reported to the Commission as soon as it is made; (ii) If the appointment continues beyond a period of six months, a fresh estimate as to the period for which the person appointed is likely to hold the post shall be made and reported to the Commission; and (iii) If such estimate indicates that the person appointed is likely to hold the post for a period of more than one year from the date of appointment, the Commission shall immediately be consulted in regard to the filling of the post. Section -14 Duty of Commission to make recommendation It shall be the duty of the Commission to make, on the basis of the results of examinations conducted by it in accordance with the provisions of sub-section (1) of section 10, recommendations to each public sector bank for appointments to fill the vacancies communicated to it by such bank under section 12. Section -15 Communicated vacancies to be filled only on the recommendation of the Commission (1) Notwithstanding anything to the contrary contained in any award, settlement or agreement, or in any judgment, decree or order of any court or tribunal or other authority or in any other law in force for the time being, appointment to all the vacancies required to be communicated to the Commission under section 12 shall, on or from such date as the Commission may notify in respect of each public sector bank, be made by such public sector bank only on the recommendation of the Commission, except where consultation with the Commission is not necessary under this Act. (2) If, in any calendar year, the Commission is unable to make recommendation for appointment to all the vacancies communicated to it by a public sector bank under section 12, or if the public sector bank is unable, in any calendar year, to make appointments on the basis of recommendations made by the Commission, the vacancies may be carried forward to the subsequent calendar year, to be filled in the said manner: Provided that the public sector bank may, in consultation with the Commission, fill such vacancies temporarily in such manner and for such period as the Commission may by regulations specify. Section -16 Power of Central Government to entrust other advisory function, to the Commission The Commission shall discharge such functions of an advisory nature as the Central Government may, by notification, entrust to it. Section -17 Reservation of posts for candidates belonging to Scheduled Castes and Scheduled Tribes and other categories of persons The Central Government may, by order, direct that in relation to every public sector bank, reservations in favour of the Scheduled Castes, Scheduled Tribes and other categories of persons shall be made in such manner and to such extent as it may specify: Provided that in giving any direction as aforesaid, the Central Government shall have due regard to the reservation of posts made for the Scheduled Castes, Scheduled Tribes and other categories of persons in relation to recruitments to the services of the Government and to the general need, and special requirements, of such public sector bank. Explanation.-The expressions "Scheduled Castes" and "Scheduled Tribes" shall have the meanings respectively assigned to them in article 366 of the Constitution. Section -18 Fund of the Commission (1) The Commission shall have its own Fund and all the receipts of the Commission shall be credited to the Fund and all payments by the Commission shall be made therefrom. (2) All moneys belonging to the Fund shall be deposited in such banks or invested in such manner as the Commission may, subject to any general or special order made by the Central Government in this behalf, decide. (3) The Commission may spend such sums as it thinks fit for performing its functions under this Act and such sums shall be treated as expenditure payable out of the Fund of the Commission. Section -19 Payment to the Commission (1) The Central Government may, by general or special order and subject to any rules that may be made in this behalf, direct every public sector bank to pay to the Commission such fee as it may determine and the aggregate amount of the fee so determined shall not exceed the expenses incurred by the Commission. (2) The aggregate amount of fees payable under sub-section (1) shall be apportioned by the Central Government between different public sector banks and in making such apportionment in relation to a public sector bank, the Central Government shall have due regard to the demand and time liabilities of that public sector bank. (3) For the purpose of meeting the initial expenditure of the Commission, the Central Government may, by general or special order, direct the payment by every public sector bank of an advance of such amount as it may specify and the advance so made shall be appropriated or adjusted in such manner as may be prescribed. Explanation.-The expression "demand liabilities" and "time liabilities" shall have the meanings respectively assigned to them in the Banking Regulation Act, 1949(10 of 1949). Section -20 Budget of the Commission The Commission shall prepare, in such form and at such time each year as may be prescribed, a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure, and submit the same to the Central Government for approval. Section -21 Accounts and audit (1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form and in such manner as may be prescribed. (2) The accounts of the Commission shall be audited by a person who is qualified to act as an auditor of a company under section 226 of the Companies Act, 1956(1 of 1956), and the auditor shall receive such remuneration as the Commission may, in consultation with the Central Government, fix. (3) In conducting the audit, the auditor shall have the same rights and duties as are possessed by an auditor of a company as if the Commission were a company within the meaning of the Companies Act, 1956(1 of 1956). Section -22 Annual report The Commission shall prepare once every calendar year, in such form and at such time as may be prescribed, an annual report giving a full account of its activities during the previous year, and copies thereof shall be forwarded to the Central Government and that Government shall cause the same to be laid before both Houses of Parliament. Section -23 Obligation as to secrecy The Chairman and members and every officer or other employee of the Commission, and every member of any committee constituted under sub-section (1) of section 7, shall maintain strictest secrecy regarding the affairs of the Commission and shall not divulge, directly or indirectly, any information of a confidential nature to a member of the public unless compelled to do so by any judicial or other authority or unless instructed to do so by a superior officer in the discharge of his duties. Section -24 Chairman, members, etc., to be public servants The Chairman and members of the Commission and every officer or other employee of the Commission, and every member of any committee constituted under sub-section (1) of section 7 shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code(45 of 1860). Section -25 Certain defects not to invalidates acts or proceedings (1) All acts done by the Chairman and members and the members of any committee constituted under sub-section (I) of section 7, acting in good faith, shall, notwithstanding any defect in their appointment or procedure, be valid. (2) No act or proceeding of the Commission or of any committee thereof shall be invalid merely on the ground of the existence of any vacancy therein or defect in the constitution of the Commission or the committee, as the case may be. Section -26 Protection of action taken in good faith No suit or other legal proceedings shall lie against the Commission, the Central Government or the Chairman or member or Secretary or officer or other employee of the Commission for anything which is in good faith done or intended to be done in pursuance of this Act or any rule made thereunder. Section -27 Commission not liable to be taxed Notwithstanding anything contained in the Income-tax Act, 1961(43 of 1961), or any other enactment for the time being in force relating to income-tax, surtax or any other tax on income, profits or gains, the Commission shall not be liable to pay any tax or surtax in respect of- (a) Any income, profits or gains accruing or arising of the Fund of the Commission or any amount received in that Fund; and (b) Any income, profits or gains, derived, or any amount received, by the Commission. Section -28 Delegation of powers The Commission may by general or special order, delegate to the Chairman, any, member or officer of the Commission, subject to such conditions and limitations, if any, as may be specified, therein, such of its powers and duties under this Act as it may deem fit. Section -29 Amendment of Act 14 of 1947 In the Industrial Disputes Act, 1947, in section 2, in sub-clause (i) of clause (a); after the words and figures "of the Food Corporations Act, 1964, or", the words and figures "the Banking Service Commission established under section 3 of the Banking Service Commission Act, 1975, or" shall be inserted. Section -30 Returns and information (1) The Commission shall furnish to the Central Government such returns or other information with respect to its properties or activities as the Central Government may, from time to time, require. (2) The Commission may, for the purpose of enabling' it to discharge its functions under this Act, call upon any public sector bank to give such statements or furnish such particulars as the Commission may deem fit and every such bank shall comply with the same. Section -31 Power to make rules (1) The Central Government may, by notification, make rules for carrying out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) The terms and conditions of service of the Chairman and members; (b) The sitting fee and travellings allowance payable to persons, other than the Chairman and members, for attending any meeting of the committee, under sub-section (2) of section 7; (c) The terms and conditions of service of the Secretary under sub-section (2) of section 8; (d) The category of persons for whom any vacancy or percentage of' vacancies in a public" sector bank may be reserved by the Central Government; (e) The procedure" for determination of the fee to be paid by every public sector bank to the Commission under section 19; (f) The form in which and the time within which the Commission shall prepare and submit its budget to the Central Government under section 20; (g) The form in which and the time within which the Commission shall prepare its annual statement of accounts under sub-section (1) of section 21; (h) The form and manner in which and the date by which the Commission shall prepare an annual report giving a full account of its activities during the previous year and submitting the same to the Central Government under section 22; (i) Any other matter which is to be, or may be, prescribed. (3) Every rule made under this section shall be laid, as soon as may be after it is made, before 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. Section -32 Power to make regulations (1) The Commission may, with the previous approval of the Central Government, by notification, make regulations, not inconsistent with the provisions of this Act or the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this Act. (2) Without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:- (a) The matters referred to in sub-section (3) of section 8; (b) The duties and conduct of employees of the Commission, other than the Secretary; (c) The manner in which, and the category of persons from whom, applications may be called for appearing at examinations or tests held by the Commission; (d) The manner in which appointments may be made to fill any vacancy without consulting the Commission; (e) The manner in which and period for which appointments may be made to fill vacancies in relation to which the Commission is unable to make a recommendation; (f) The number of times and places at which the Commission shall conduct examinations or tests for recruitment to different posts; (g) The principles in accordance with which candidates shall be selected for different posts; (h) The fees payable by candidates intending to appear at examinations or tests conducted by the Commission; (i) Generally for the efficient conduct of the affairs of the Commission. Section -33 Power of Central Government to extend the provisions of the Act to other banking institutions The Central Government may, if it is satisfied that it is necessary or expedient so to do, by notification, specify that all or such of the provisions of this Act as may be specified in the notification (hereinafter referred to as the "specified provisions") shall also apply to, or in relation to, a banking company and thereupon the specified provisions shall apply to such banking company in the same manner as they apply to a public sector bank and references in the specified provisions to a public sector bank shall be construed as references to the banking company: Provided that no such notification shall be issued in relation to the appointment to any service or post in a banking company unless a request in that behalf has been received by the Central Government from that banking company.

65ba88dfab84c7eca86ebf42

acts

Union of India - Act ---------------------- The Visva-Bharati Act, 1951 ----------------------------- UNION OF INDIA India The Visva-Bharati Act, 1951 ============================= Act 29 of 1951 ---------------- * Published on 9 May 1951 * Commenced on 9 May 1951 1. Amended by [The Visva-Bharati (Amendment) Act, 1984 (Act 31 of 1984) on 21 May 1984 ] The Visva-Bharati Act, 1951 ACT NO. 29 OF 1951 ### 27. /1392 The Visva-Bharti founded by Dr. Rabindranath Tagore at Santiniketan in 1921 is a unique institutution, and has since its inception served as a centre for the study of, and research in, the different cultures of the East on the basis of their underlying unity, and has sought to approach the West from the stand-point of such a unity of the life and thought of Asia. The institution has acquired a world-wide recognition and has attracted scholars and pupils from many countries all over the world. 2. The University Education Commission Commended the special and very valuable work done by this institution, particularly its "effort to discover, preserve and transmit the vast elements of old Indian coulture, and the work with the surrounding villages" and recommended that the Viswa-Bharti should be given a provisional Charter as a University with suitable capital and recurring grants. The recommendations of the University Education Commission were approved by the Central Adversory Board of Education at its meeting in April, 1950, and the Government of West Bengal agree to the establishment of a unitary, teaching and residential University at Santiniketan by an Act of Parliament. 3. There is no provision in the Constitution of India for the grant of a Charter (as distinct from an Act) as recommended by the University Education Commission, but the Constitution makes the Union Government responsible for institutions declared by law to be of national importance (vide item 63 of List I of the Seventh Schedule to the Constitution). 4. It is, therefore, proposed to make such declaration and have the Visva-Bharti constituted as a Central University. The Constitution that is proposed to be given to Visva-Bharti is in conformity with the recommendations made by the University Education Commission with such modifications as are considered necessary to preserve the tradition and special features of the institution." - Gazette of India, Pt. II, Section 2, p. 304. [9th May, 1951] An Act to declare the institution known as "Visva-Bharati" to be an institution of national importance and to provide for its functioning as a unitary teaching and residential university. BE it enacted by Parliament as follows: Preliminary ### 1. Short title and commencement. (1) This Act may be called the Visva-Bharati Act, 1951. (2) It shall come into force on such [date] [14th May, 1951, vide Notification No. F. 40-5/50-G.3, dated the 10th May, 1951, Gazette of India, 1951, Pt. I, Section 1, p. 196. ] as the Central Government may, by notification in the Official Gazette, appoint. ### 2. Declaration of Visva-Bharati as an institution of national importance. Whereas the late Rabindranath Tagore (Thakur) founded an institution known as Visva-Bharati at Santiniketan in the district of Birbhum in West Bengal the objects of which are such as to make the institution one of national importance, it is hereby declared that the institution known as "Visva-Bharati" aforesaid is an institution of national importance [and is as such hereby constituted as a University] [ Inserted by Act 60 of 1961, Section 2 (retrospectively) . ] . ### 3. [ Definations.- [Substituted by Act 31 of 1984, Section 3 (w.e.f. 8-8-1984). ] In this Act, and in all Statutes made hereunder, unless the context otherwise requires,-- (a) "academic staff" means such categories of staff as are designated as academic staff by the statutes; (b) "Acharya (Chancellor)" and "Upacharya (Vice-Chancellor)" mean, respectively, the Acharya (Chancellor) and the Upacharya (Vice-Chancellor) of the University; (c) "adhyapaka" includes a Professor, Reader, Lecturer and any other person engaged in imparting instruction in relation to any learning process and designated as an adhyapaka by the Ordinances; (d) "Alumni Association" means the Association of the Alumni of the University, constituted under the provisions of this Act and the Statutes; (e) "approved institution" means an institution (not being an institution maintained by the University) of higher learning or studies approved by the University; (f) "Bhavana" means an academic institution maintained by the University and named as such; (g) "campus" means a unit established or constituted by the University for imparting instruction or supervising research, for both; (h) "Chatravasa" means a unit of residence, or of corporate life, for the students of the University provided, maintained or recognised by the University; (i) "Department" means a Department of Studies and includes a centre of studies established by, or under, the Statutes; (j) "employee of the University" means any person appointed by the University or any Institution, and includes an employee of a Bhavana; (k) "Institute Board" means a Board constituted by the University for the management of an Institute; (l) "Institution" means an institution maintained by the University; (m) "Karma-Samiti (Executive Council)" means the Karma-Samiti (Executive Council) of the University; (n) "Patha-Samiti (Board of Studies)" means a Board constituted by the University for the regulation of studies; (o) "prescribed" means prescribed by the Statutes, Ordinances or Regulations; (p) "Samsad (Court)" means the Samsad (Court) of the University; (q) "Siksha-Samiti (Academic Council)" means the Siksha-Samiti (Academic Council) of the University; (r) "Statutes", "Ordinances" and "Regulations" mean, respectively, such Statutes, Ordinances and Regulations of the University as are for the time being in force; (s) "University" means the institution known as Visva-Bharati and incorporated as a University under this Act.] The University ### 4. Incorporation. The first Acharya (Chancellor) and Upacharya (Vice-Chancellor) of the University who shall be the persons appointed in this behalf by the Central Government by notification in the Official Gazette, and the first members of the Samsad (Court) 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; are hereby constituted a body corporate [as a unitary, teaching and residential University] [Inserted by Act 60 of 1961, Section 4 (retrospectively) ] by the name of Visva-Bharati, and shall have perpetual succession and a common seal, and shall sue and be sued by that name. ### 5. Effect of incorporation of the University in certain cases. On and from the commencement of this Act,-- (i) all references in any enactment to the Society of the name of Visva-Bharati registered on the 16th May, 1922, under the Societies Registration Act, 1860 (21 of 1860), shall be construed as references to the University; (ii) [ all property, assets, rights and liabilities of the said Society shall be the property, assets, rights and liabilities of the University and any will, deed or other document, whether made or executed before or after the commencement of this Act, which contains or purports to contain any bequest, gift, trust, payment of money or transfer or assignment of any right or property, movable or immovable, in favour of the said Society shall be construed as if the University was therein named instead of the said Society;] [Substituted by Act 60 of 1961 s. 5 for cl. (ii) (retrospectively). ] (iii) subject to the provisions of this Act, every person employed immediately before the commencement of this Act in the said Society shall hold employment in the University by the same tenure and upon the same terms and conditions and with the same rights and privileges as to pension and gratuity as he would have held under the said Society, if this Act had not been passed: Provided that if the University decides to alter the terms and conditions of service of any such employee, a fresh contract shall be executed for the purpose, and if the employee is not agreeable to serve under the new terms and conditions, his services may be terminated in accordance with his original contract of employment or, if no provision is made therein in this behalf, on payment to him by way of compensation of an amount equal to his salary for six months. ### 5A. [ The objects of the University. [Inserted by Act 31 of 1984. s. 4 (w.e.f. 8-8-1984) ] (1) The objects of the University shall be to disseminate and advance knowledge and understanding by providing instructional, extension and research facilities and by the example and influence of its corporate life, and the University shall, in organising its activities, have due regard to the following objects for which the Visva-Bharati at Santiniketan was founded by Rabindranath Tagore, as expressed in his own words, namely:- (i) to study the mind of Man in its realisation of different aspects of truth from diverse points of view; (ii) to bring into more intimate relations with one another, through patient study and research, the different cultures of the East on the basis of their underlying unity; (iii) to approach the West from the standpoint of such a unity of the life and thought of Asia; (iv) to seek to realise in a common fellowship of study the meeting of the East and the West, and thus ultimately to strengthen the fundamental conditions of world peace through the establishment of free communication of ideas between the two hemispheres; and (v) with such ideals in view to provide at Santiniketan aforesaid a Centre of Culture where research into and study of the religion, literature, history, science and art of Hindu, Buddhist, Jain, Islamic, Sikh, Christian and other civilisations may be pursued along with the culture of the West, with that simplicity in externals which is necessary for true spiritual realisation in amity, good fellowship and co-operation between the thinkers and scholars of both Eastern and Western countries, free from all antagonisms of race, nationality, creed or caste and in the name of the One Supreme Being who is Shantam, Shivam, Advaitam. (2) The objects of the University shall also include harmonising the cultures of India, the East and the West by, among other things, the admission of students and appointment of adhyapakas from various regions of India and various countries of the world, and by providing incentives therefor. ### 5B. Principles to be followed in organising activities of the University. The University shall, in organising its activities and the implementation of its academic programmes, have due regard to the pattern of education envisaged by Rabindranath Tagore in his writings."] ### 6. [ Powers of the University. [Substituted by Act 31 of 1984 s. 5 (w.e.f. 8.8.1984). ] The University shall have the following powers, namely:-- (1) to provide facilities for studies, instruction, socially useful productive work and community service and research in such branches of learning as may be deemed desirable and found practicable by the University and for the promotion of understanding of cultures between the East and the West and for the advancement of learning and dissemination of knowledge generally; (2) to undertake educational experiments and evolve contents, systems and methods of education for the furtherance of the objects of the University; (3) to make provision for research and advisory services; and for that purpose, to enter into such arrangements with other institutions or bodies as the University may deem necessary; (4) to co-operate, collaborate or associate with any other University, authority or institution of learning in such manner and for such purposes as the University may determine; (5) to approve any institution of higher learning or studies for such purposes as the University may determine, and to withdraw such approval; (6) to establish and maintain such Bhavanas, Schools of Studies and Research, Chatravasas, Gymnasia and such other institutions as are deemed necessary, from time to time, for the development of a healthy corporate life in the University and to abolish any such Bhavana, School, Chatravasa, Gymnasium or other institution; (7) to establish, at any place in India, 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; (8) to organise the application of class room, library and laboratory learning to problems of the villages as part of the curriculum; (9) to undertake the promotion of adult education, rural re-construction, co-operative organisations, social welfare, development of cottage industries and all other nation-building activities and works for the benefit of the public; (10) to establish such examination centres and to recognise such certificates as may be necessary to give effect to the provisions of section 7A; (11) 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 other modes of testing) on, persons; (12) to confer honorary degrees or other distinctions in the manner prescribed by the Statutes; (13) to determine the standards for admission and the methods of admission to courses of the University, which methods shall include examinations, evaluation and other modes of testing; (14) to supervise the residences of students of the University and to make arrangements for promoting their health and general welfare; (15) to make such special arrangements in respect of women students as the University may consider desirable; (16) to regulate the conduct of students of the University, and to take such disciplinary measures in this regard as may be deemed necessary; (17) to create such teaching and other academic posts as may be required by the University and to appoint persons to such posts; (18) to appoint Visiting Professors, Emeritus Professors, Fellows, Scholars, Resident Artists, Resident Writers or such other persons who may contribute to the achievement of the objects of the University; (19) to appoint or recognise persons as Professors, Readers or Lecturers or otherwise as adhyapakas of the University; (20) to approve persons working in- (a) any institution co-operating, collaborating or associating with the University; or (b) any approved institution, for imparting instruction or supervising research, or both, and to withdraw such approval; (21) to undertake publication of literary, scientific, educational and scholarly works and books on art, aesthetics and other subjects aimed at better understanding of the different cultures of the world and furthering thereby the objectives of the University; (22) to appoint persons working in any other University, institution or organisation as adhyapakas of the University for a specified period; (23) to create administrative, ministerial and other posts in the University and to make appointments thereto; (24) to provide for the terms and conditions of service of employees, whether employed by the University or any institution; (25) to regulate the conduct and duties of the employees of the University; (26) to regulate and enforce discipline among the employees of the University and to take such disciplinary measures in this regard as may be deemed necessary; (27) to make arrangements for promoting the health and general welfare of the employees of the University; (28) to demand and receive payment of fees and other charges; (29) to institute and award fellowships, scholarships, studentships, medals and prizes; (30) 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 the purposes of the University; (31) to borrow, with the approval of the Central Government, whether on the security of the property of the University or otherwise, money for the purposes of the University; (32) to establish campuses within the territorial limits of the University specified in the Second Schedule; (33) to admit students of any other University or College whether in India or outside to any examination of the University subject to such conditions as the University may lay down for the purpose; (34) to do all such acts and things as may be necessary or incidental to the exercise of all or any of the powers of the University or as are necessary or conducive to the attainment of all or any of the objects of the University."] ### 7. Territorial jurisdiction of the University. Save as otherwise provided in this Act, the powers of the University conferred by or under this Act shall be restricted to the area specified in the Second Schedule. ### 7A. [ Maintenance of examination centres outside territorial limits. [Inserted by Act 60 of 19961, s. 7. ] Notwithstanding anything contained in section 7, the University may establish and maintain, at any place in India examination centres for home study courses conducted by its Loka Shiksha Samsad (People's Education Council) and recognise, for such purposes as may be provided in the Ordinances, the certificates awarded by the said Loka Shiksha Samsad (People's Education Council) on the results of examinations conducted by it.] ### 8. University to be open to all races, creeds and classes. The University shall be open to all persons irrespective of sex, nationality, race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, [adhyapakas] [Substituted for word " teacher" by Act 31 of 1984, Section 2] workers, or in any other connection whatsoever, except in respect of any particular benefaction accepted by the University of which such test is made a condition by the instrument creating such benefaction: Provided that no benefaction shall hereafter be accepted which in the opinion of the authorities of the University involves conditions or obligations opposed to the spirit and object of this section: Provided further that nothing in this section shall be deemed to prevent religious instruction being given in any manner approved of by the authorities concerned to those who have given their consent thereto by [adhyapakas] [Substituted by Act 31 of 1984. s. 6 (w.e.f. 8-8-1984). ] duly and properly authorised for that purpose. ### 9. Teaching at the University. All teaching in the University shall be conducted by and in the name of the University in accordance with the Statutes and Ordinances made in this behalf. The Paridarsaka (Visitor) ### 10. [ The Paridarsaka (Visitor). [Substituted by Act 31 of 1984. s. 2 (w.e.f. 8-8-1984). ] (1) The President of India shall be the Paridarsaka (Visitor) of the University. (2) Subject to the provisions of sub-sections (3) and (4), the Paridarsaka (Visitor) shall have the right to cause an inspection to be made, by such person or persons as he may specify, of the University, its buildings, laboratories and equipment, and of any Bhavana or other Institution, and also of the examinations, teaching and other work conducted or done by the University, Bhavana or other Institution; 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. (3) The Paridarsaka (Visitor) shall 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 or such other period as the Paridarsaka (Visitor) may determine, from the date of receipt of the notice, such representations to the Paridarsaka (Visitor) as it may consider necessary. (4) After considering the representations, if any, made by the University, the Paridarsaka (Visitor) may cause to be made such inspection or inquiry as is referred to in sub-section (2). (5) Where any inspection or inquiry has been caused to be made by the Paridarsaka (Visitor), 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. (6) The Paridarsaka (Visitor) may address the Upacharya (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 Paridarsaka (Visitor) may be pleased to offer, and on receipt of the address made by the Paridarsaka (Visitor), the Upacharya (Vice-Chancellor) shall communicate forthwith to the Karma-Samiti (Executive Council) the results of the inspection or inquiry and the views of the Paridarsaka (Visitor) and the advice tendered by him upon the action to be taken thereon. (7) The Karma-Samiti (Executive Council) shall communicate through the Upacharya (Vice-Chancellor) to the Paridarsaka (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 Karma-Samiti (Executive Council) does not, within a reasonable time, take action to the satisfaction of the Paridarsaka (Visitor), the Paridarsaka (Visitor) may, after considering an explanation furnished or representation made by the Karma-Samiti (Executive Council), issue such directions as he may think fit and Karma-Samiti (Executive Council) shall be bound to comply with such directions. (9) Without prejudice to the foregoing provisions of this section, the Paridarsaka (Visitor may, be order in writing, annual 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 Paridarsaka (Visitor) shall have such other powers as may be specified in the Statutes."] The Pradhana (Rector) ### 11. The Pradhana (Rector. ) The Government of West Bengal shall be the Pradhana (Rector) of the University. Officers Of The University ### 12. [ Officers of the University. [ Substituted by Act 31 of 1984, Section 7 (w.e.f. 8.8.1984). ] The following shall be the officers of the University, namely:-- (1) The Acharya (Chancellor); (2) The Upacharya (Vice-Chancellor); (3) The Director of Studies, Educational Innovations and Rural Reconstruction; (4) The Director of Culture and Cultural Relations; (5) The Director of Physical Education, Sports, National Service and Student Welfare; (6) The Karma-Sachiva (Registrar); (7) The Vitta-Adhikari (Finance Officer); (8) Adhyakshas of Bhavanas; and (9) such other officers as may be declared by the Statutes to be officers of the University.] ### 13. The Acharya (Chancellor) . - (1) The Acharya (Chancellor) shall, by virtue of his office, be the Head of the University. [(2) The Acharya (Chancellor) shall be appointed by the Paridarsaka (Visitor) from out of a panel of persons prepared and recommended by the Karma-Samiti (Executive Council) under sub-section (2A). (2A) The Karma-Samiti (Executive Council) shall prepare and recommend a panel of not less than three persons each of whom shall be a person of eminence in the academic or public life of the country, and is in the opinion of the Karma-Samiti (Executive Council) a fit and proper person to be appointed as the Acharya (Chancellor) of the University: Provided that if the Paridarsaka (Visitor) does not approve of any of the persons specified in the panel prepared and recommended by the Karma-Samiti (Executive Council), he may call upon the Karma-Samiti (Executive Council) to prepare a fresh panel of persons. (2B) The Acharya (Chancellor) shall hold office for a term of three years and shall be eligible for re-appointment: Provided that the Acharya (Chancellor) shall, notwithstanding the expiry of the term of his office, continue to hold such office until his successor is appointed and has entered upon his office.] [Substituted by Act 31 of 1984 s. 8. (w.e.f. 8.8.1984). ] (3) The Acharya (Chancellor), shall, if present, preside at the Convocation of the University and at meetings of the Samsad (Court) [and the Karma Samiti (Executive Council)]. [Inserted by Act 60 of 1961, Section 8] (4) Every proposal for the conferment of an honorary degree shall be subject to the confirmation of the Acharya (Chancellor). (5) The Acharya (Chancellor) shall have such other powers as may be conferred on him by this Act or the Statutes. ### 14. [ The Upacharya (Vice-Chancellor). [Substituted by Act 31 of 1984, Section 9 (w.e.f. 8.8.1984). ] (1) The Upacharya (Vice-Chancellor) shall be appointed by the Paridarsaka (Visitor) in such manner, for such term and on such emoluments and other conditions of service as may be prescribed by the Statutes. (2) The Upacharya (Vice-Chancellor) shall be the principal executive and academic officer of the University, and shall exercise general supervision and control over the academic affairs of the University and all Bhavanas and other Institutions and give effect to the decisions of all the authorities of the University. (3) The Upacharya (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 Paridarsaka (Visitor) whose decision thereon shall be final: Provided further that an employee of the University, who is aggrieved by the action taken by the Upacharya (Vice-Chancellor) under this sub-section, shall have the right to appeal against such action to the Karma-Samiti (Executive Council) within ninety days from the date on which such action is communicated to him and thereupon the Karma-Samiti (Executive Council) may confirm, modify or reverse the action taken by the Upacharya (Vice-Chancellor). (4) The Upacharya (Vice-Chancellor) shall exercise such other powers and perform such other functions as may be prescribed by the Statutes and the Ordinances."] ### 15. Aetha-Sachiva (treasurer) . [\* \* \* \* \*] [Omitted by 31 of 1984 s. 10. (w.e.f. 8.8.1984). ] ### 16. [ The Karma-Sachiva (Registrar) . [Substituted by 31 of 1984 s. 11 (w.e.f. 8.8.1984) ] (1) The Karma-Sachiva (Registrar) shall be appointed in such manner, and on such emoluments and other conditions of service, as may be prescribed by the statutes and the Ordinances. (2) The Karma-Sachiva (Registrar) shall have the power to enter into agreements, sign documents and authenticate records on behalf of the University and shall exercise such other powers and perform such other functions as may be prescribed by the Statutes.] ### 17. [ Other officers. [Substituted by 31 of 1984 s. 11 (w.e.f. 8.8.1984) ] (1) All officers of the University, other than the Acharya (Chancellor), the Upacharya (Vice-Chancellor) and the Karma-Sachiva (Registrar), shall be appointed in such manner, for such term and on such emoluments and other conditions of service as may be prescribed by the Statutes. (2) The powers and functions of the officers appointed under sub-section (1) shall be such as may be prescribed by the Statutes.] Authorities Of The University ### 18. Authorities of the University. The following shall be authorities of the University:- (1) the Samsad (Court), (2) the Karma Samiti (Executive Council), (3) the Shiksha Samiti (Academic Council), [\*\*\*] [Word "and" omitted by 31 of 1984 s. 12 (w.e.f. 8.8. 1984) ] (4) [ The Artha-Samiti (Finance Committee); [Inserted by 31 of 1984 s. 12 (w.e.f. 8-8-1984). ] (5) The Institute Board; and] (6) [] [ Re-numbered by 31 of 1984 s. 12 (w.e.f. 8-8-1984) ] such other authorities as may be declared by the Statutes to be authorities of the University. ### 19. [ The Samsad (Court) . [Substituted by Act 31 of 1984, Section 13 (w.e.f. 8.8.1984) ] (1) The constitution of the Samsad (Court) and the term or office of its members shall be such as may be prescribed by the Statutes. (2) Subject to the other provisions of this Act, the Samsad (Court) shall have the following powers and functions, namely:- (a) to review, from time to time, the broad policies and programmes of the University, including the maintenance of standards and adherence to the objectives of the University and to suggest measures for the development and improvement of the University which shall be considered by the appropriate authorities of the University; (b) to consider and pass resolutions on the annual report and annual accounts of the University and the report of its auditors on such accounts; (c) to advice the Paridarsaka (Visitor) in respect of any matter which may be referred to it for advice; and (d) to exercise such other powers and perform such other functions as may be prescribed by the Statutes.] ### 20. [\* \* \*] [Substituted by Act 31 of 1984, Section 13 (w.e.f. 8.8.1984)] ### 21. [\* \* \*] [Substituted by Act 31 of 1984, Section 13 (w.e.f. 8.8.1984)] ### 22. [ The Karma-Samiti (Executive Council). [Substituted by Act 31 of 1984 s. 14 (w.e.f. 8.8.1984) ] (1) The Karma-Samiti (Executive Council) shall be the principal executive body of the University. (2) The constitution of the Karma-Samiti (Executive Council) and the term of office of its members shall be such as may be prescribed by the Statutes. (3) The Karma-Samiti (Executive Council) shall exercise the following powers and perform the following functions, namely:- (a) to manage and administer the revenue and property of the University and to conduct all administrative affairs of the University not otherwise provided for in this act or the Statutes; (b) to create teaching and academic posts and to define the duties and conditions of service of Professor, Readers, Lecturers and other adhyapakas and academic staff employed by the University: Provided that before determining the number, qualifications and emoluments of adhyapakas and other academic staff, the Karma-Samiti (Executive Council) shall consider the recommendations of the Siksha-Samiti (Academic Council); (c) to appoint such Professors, readers, Lecturers and other adhyapakas and academic staff as may be necessary on the recommendation of the Selection Committees constituted for the purpose and to fill up temporary vacancies therein; (d) to provide for the appointment of Visiting Professors, Emeritus Professors, Fellows, Scholars, Resident Artists and Resident Writers and to determine the terms and conditions of such appointment; (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 thinks fit, or in the purchase of immovable property in India; (g) to exercise such other powers and perform such other functions as may be conferred or specified by this Act or the Statutes.] ### 23. [\* \* \*] [Substituted by Act 31 of 1984 s. 14 (w.e.f. 8.8.1984) ] ### 24. The Shiksha Samiti (Academic Council). The Shiksha Samiti (Academic Council) shall be [the principal academic body] [Substituted for the word "the acadmic body" by Act 31 of 1984, Section 15 (w.e.f. 8.8.1984) ] of the University, and shall, subject to the provisions of this Act, the Statutes and the Ordinances, have the control and general regulation, and be responsible for the maintenance of standards of [learning, education, instruction, evaluation and examination] [Substituted dor the words "instructions, education and examination" by Act 31 of 1984, Section 15 (w.e.f. 8-8-1984) ] within the University, and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the Statutes and shall have the right to advise the Karma Samiti (Executive Council) on all academic matters. (2) The constitution of the Shiksha Samiti (Academic Council) and the terms of office of its members shall be prescribed by the Statutes. ### 25. [ Other authorities of the University. [Substituted by Act 31 of 1984, Section 16 (w.e.f. 8.8.1984) ] The constitution, powers and functions of the Artha-Samiti (Finance Committee), the Institute Board and of such other authorities as may be declared by the Statutes to be authorities of the University shall be such as may be prescribed by the Statutes.] ### 26. Alumni Association. The University shall have an Alumni Association open to past students and past workers of the University, including members of the Asramika Sangha of the former Visva-Bharati Society, on such conditions as may be laid down in the Statutes. Statutes, Ordinances And Regulations ### 27. [ Statutes. [Substituted by 31 of 1984 s. 17 (w.e.f. 8.8.1984) ] Subject to the provisions of this Act, the Statutes may provide for all or any of the following matters, namely:- (a) the manner of appointment, of the Upacharya (Vice-Chancellor), the term of his appointments, emoluments and other conditions of his service; (b) the powers that may be exercised and the functions that may be performed by the Upacharya (Vice-Chancellor); (c) the manner of appointment of the Karma-Sachiva (Registrar), the emoluments and other conditions of his service and the powers that may be exercised and the functions that may be performed by him; (d) the manner of appointment of all other officers, the terms of their appointment, emoluments and other conditions of their service and the powers and functions of such officers; (e) the constitution of the Samsad (Court), the term of office of its members and its powers and functions; (f) the constitution of the Karma-Samiti (Executive Council), the term of office of its members and its powers and functions; (g) the constitution of other authorities or bodies of the University, the term of office of their members and their powers and functions; (h) the election and continuance in office of the members 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; (i) the appointment of adhyapakas and other academic staff and other employees of the University and their emoluments and other conditions of service; Provided that where any person who had held any post and is in receipt of a pension or other form of retirement benefits is appointed as an adhyapaka of the University or to any other academic post, the salary of such person together with the pension and other benefits shall not exceed the salary payable to him in accordance with the Statutes; (j) the appointment of adhyapakas and other academic staff working in any other University, institution or organisation for a specified period for undertaking a joint project; (k) the appointment of Visiting Professors, Emeritus Professors, Fellows, Scholars, Resident Artists and Resident Writers, and terms and conditions of such appointment; (l) the constitution of a pension or provident fund or the establishment of an insurance scheme for the benefit of the employees of the University; (m) the principles governing seniority of service of the employees of the University; (n) the procedure in relation to any appeal or application for review by any employee or student of the University, against the action of any officer or authority of the University, including the time within which such appeal or application for review may be preferred or made; (o) the procedure for the settlement of disputes between employees of the University, or students of the University, and the University; (p) the conferment of honorary degrees; (q) the institution of fellowships, scholarships, studentships, medals and prizes; (r) the maintenance of discipline among the employees and students of the University; (s) the establishment and abolition of Bhavanas, Departments, Chatravasas and other institutions and their management, supervision and inspection; (t) the regulation of the conduct and duties of the employees of the University and the conduct of the students of the University; (u) the establishment of campuses, special centres, specialised laboratories or other units for research and instruction; (v) the administration and regulation of the funds received in trust or otherwise by the University; (w) the delegation of powers vested in the officers or authorities of the University; (x) the constitution and activities of the Alumni Association; (y) the categories of misconduct for which any action may be taken under this Act, or the Statutes or the Ordinances; and (z) all other matters which, by this Act, are to be, or may be, provided for by the Statutes.] ### 28. [ Statutes, how made. [Substituted by Act 31 of 1984, Section 18 (w.e.f. 8-8-1984). ] (1) On the commencement of the Visva-Bharati (Amendment) Act, 1984 (31 of 1984), the Statutes in force immediately before such commencement, as amended by that Act, shall be the Statutes of the University."] (2) The Statutes may be amended, repealed or added to by Statutes made by the Karma Samiti (Executive Council). [(3) The Karma Samiti (Executive Council) shall not propose the draft of any Statute affecting the status, powers or constitution of any authority of the University until such authority has been given an opportunity of expressing the opinion upon the proposal and any opinion so expressed shall be in writing and shall be submitted to the Paridarsaka (Visitor). (4) Every new Statute or addition to a Statute or any amendment or repeal of a Statute shall be submitted to the Paridarsaka (Visitor) who may assent to it or withhold his assent therefrom or remit it to the Karma Samiti (Executive Council) for further consideration. (5) A Statute passed by the Karma Samiti (Executive Council) shall have no validity until it has been assented to by the Paridarsaka (Visitor).] [Substituted by Act 57 of 1971, Section 7, for sub-section (2) to (8) (w.e.f. 3-11-1971). ] ### 29. [ Matters to be provided for in the Ordinances. [Substituted by Act 31 of 1984, Section 19 (w.e.f. 8-8-1984). ] 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 pattern of learning process, courses of study to be laid down for all degrees, diplomas and certificates of the University; (c) the degrees, diplomas, certificates and other academic distinctions to be awarded by the University, the qualifications for the same and the means to be adopted relating to the granting and obtaining of the same; (d) the purposes for which certificates awarded by the Lok Siksha-Samsad (People's Education Council) of the University may be recognised by the University; (e) the fees to be charged for courses of study in the University and for admission to the examinations, and processes of evaluation, degrees, diplomas and certificates of the University; (f) the conditions of the award of fellowships, scholarships, studentships, medals and prizes; (g) the conduct of tests, evaluations and examinations, including the terms of office and manner of appointment and duties of examining bodies, examiners, moderators and persons entrusted with the responsibility of evaluation; (h) the conditions of residence of the students of the University and the special arrangements, if any, for the residence of women students; (i) the special arrangements, if any, which may be made for the discipline and teaching of women students, and prescribing for them special courses of study; (j) the terms and conditions of service of the employees of the University other than those prescribed by the Statutes (including the emoluments of the non-teaching staff): Provided that where any person who had held any post and is in receipt of a pension or other form of retirement benefits is appointed to a non-teaching post of the University, the salary such person together with the pension and other benefits shall not exceed the salary payable to him in accordance with the Ordinances; (k) the terms and conditions of approval of institutions of higher learning and its withdrawal; (l) the manner of co-operation or collaboration or association with other Universities, authorities or institutions of learning; (m) the terms and conditions on which persons working in an approved institution, or in any institution co-operating, collaborating or associating with the University, may be approved as adhyapakas and for withdrawing such approval; (n) the educational experimentation and the creation, composition and functioning of any other body which is considered necessary for improving the academic life of the University; and (o) all other matters which, by this Act or the Statutes, are to be, or may be, provided for by the Ordinances.] ### 30. [ Power to make Ordinances. [Substituted by Act 31 of 1984, Section 19 (8-8-1984)] (1) The Ordinances in force immediately before the commencement of the Visva-Bharati (Amendment) Act, 1984 (31 of 1984), may be amended, repealed or added to, at any time by the Karma-Samiti (Executive Council); Provided that no Ordinance shall be made in respect of matters enumerated in section 29, other than those enumerated in clauses (e) , (h), (j), (m) and (o) thereof, unless a draft of such Ordinance has been proposed by the Siksha-Samiti (Academic Council). (2) The Karma-Samiti (Executive Council) shall not have power to amend any draft proposed by the Siksha-Samiti (Academic Council) under the provisions of sub-section (1), but may reject the proposal or return the draft to the Siksha-Samiti (Academic Council) for reconsideration either in whole or in part, together with any amendments which the Karma-Samiti (Executive Council) may suggest. (3) Where the Karma-Samiti (Executive Council) has rejected or returned the draft of an Ordinance proposed by the Siksha-Samiti (Academic Council), the Siksha-Samiti (Academic Council) may consider the question afresh and in case the original draft is reaffirmed by a majority of not less than one-half of the total membership of the Siksha-Samiti (Academic Council) and by a majority of not less than two-thirds of the members of the Siksha-Samiti (Academic Council) present and voting, the draft may be sent back to the Karma-Samiti (Executive Council), which shall either adopt it or refer it to the Paridarsaka (Visitor) whose decision thereon shall be final. (4) Every Ordinance made by the Karma-Samiti (Executive Council) shall come into effect immediately. (5) Every Ordinance made by the Karma-Samiti (Executive Council) shall be submitted to the Paridarsaka (Visitor) within four weeks of the date of the meeting of the Karma-Samiti (Executive Council), and the Paridarsaka (Visitor) shall have the power to direct the University, within six weeks from the date of the receipt of the Ordinance, to suspend the operation of any Ordinance and he shall, as soon as possible, inform the Karma-Samiti (Executive Council) about his objection to the proposed Ordinance. (6) The Paridarsaka (Visitor) may, after receiving the comments of the University, either withdraw the order directing the suspension of the Ordinance or disallow the Ordinance and his decision thereon shall be final.] ### 31. 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 the number of members required to form a quorum; (b) providing for all matters which by this Act, the Statutes or the Ordinances are to be prescribed by the Regulations; and (c) providing for all other matters solely concerning the authorities or committees appointed by them and not provided for by this Act, the Statutes and 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 meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings. (3) The Karma Samiti (Executive Council) may direct the amendment, in such manner as it may specify, of any Regulation made under this section or the amendment of any Regulation made under sub-section (1). ### 32. Residence. Every student of the University [other than a student of its Loka Shiksha Samsad (People's Education Council)] [Inserted by Act 60 of 1961, Section 13. ] shall reside in a [Chatravasa] [ Substituted by Act 31 of 1984, Section 20, (w.e.f. 8.8.1984). ] or under such conditions as may be prescribed by the Statutes and the Ordinances. Admission And Examinations ### 33. Admission. Admission of students to the University shall be made in such manner as may be prescribed by the Ordinances. ### 34. Examinations. Subject to the provisions of the Statutes, all arrangements for the conduct of [tests, evaluations and examinations] [Substituted by 31 of 1984 s. 21 (w.e.f. 8.8.1984). ] shall be made by the Karma Samiti (Executive Council) in such manner as may be prescribed by the Ordinances. Annual Reports And Accounts ### 35. [ Annual report. [ Substituted by 31 of 1984 s. 22 (w.e.f. 8.8.1984) ] (1) The annual report of the University shall be prepared under the directions of the Karma-Samiti (Executive Council) which shall include, among other matters, the steps taken by the University to promote socially relevant research in physical and social sciences, weaker sections' need oriented extension activities and integration of the community life of the University with that of the wider world. (2) The annual report so prepared shall be submitted to the Samsad (Court) on or before such date as may be prescribed by the Statutes and shall be considered by the Samsad (Court) in its annual meeting. (3) The Samsad (Court) may communicate its comments on the annual report to the Karma-Samiti (Executive Council) and the Paridarsaka (Visitor). (4) 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.] ### 36. Annual Accounts. [ Substituted by 31 of 1984 s. 22 (w.e.f. 8.8.1984) ] (1) The annual accounts and balance-sheet of the University shall be prepared under the direction of the Karma-Samiti (Executive Council) 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 person or persons as he may authorise in this behalf. (2) A copy of the accounts together with the audit report shall be submitted to the Samsad (Court) and the Paridarsaka (Visitor) along with the observations of the Karma-Samiti (Executive Council). (3) Any observations made by the Paridarsaka (Visitor) on the annual accounts shall be brought to the notice of the Samsad (Court) and the observations of the Samsad (Court), if any, shall, after being considered by the Karma-Samiti (Executive Council), be submitted to the Paridarsaka (Visitor). (4) A copy of the accounts together with the audit report, as submitted to the Paridarsaka (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 Gazette of India.] Supplementary Provisions ### 37. [ Adhyapakas of the University to be appointed under a written contract. [Substituted by Act 31 of 1984. s. 23 (w.e.f. 8.8.1984) ] (1) No adhyapaka of the University shall be appointed to a permanent post, except under a written contract and such contract shall not be inconsistent with the provisions of this Act, the Statutes and the Ordinances. (2) The contract referred to in sub-section (1) shall be lodged with the University and a copy thereof shall be furnished to the adhyapaka concerned. (3) In the case of an adhyapaka appointed by the University before the commencement of the Visva-Bharati (Amendment) Act, 1984 (31 of 1984), the contract in force immediately before such commencement, in relation to his emoluments, shall, to the extent of any inconsistency with the provisions of this Act or the Statutes or the Ordinances, be deemed to have been modified by the said provisions and where there is no such contract and the adhyapaka is a salaries adhyapaka appointed to a permanent post, a written contract shall be executed by, and between, such adhyapaka and the University within a period of six months from the commencement of the Visva-Bharati (Amendment) Act, 1984.] ### 38. Tribunal of Arbitration. [Substituted by Act 31 of 1984, Section 23 (w.e.f. 8.8.1984) ] (1) Any dispute arising out of a contract of employment referred to in section 37, including a dispute relating to the noncompliance of the provisions of this Act, the Statutes or the Ordinances, shall, at the request of the adhyapaka, be referred to a Tribunal of Arbitration which shall consist of one member nominated by the Karma-Samiti (Executive Council), one member nominated by the adhyapaka concerned and one member (who shall act as umpire) nominated by the Paridarsaka (Visitor). (2) Every request made 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 Act, 1940 ( 10 of 1940 ), and all the provisions of that Act, with the exception of section 2 thereof, shall apply accordingly. (3) If, for any reason, a vacancy occurs in the office of a member of the Tribunal of Arbitration, the appropriate body or person concerned shall nominate another person in accordance with the provisions of sub-section (1) to fill the vacancy and the proceedings may be continued before the Tribunal from the stage at which the vacancy is filled. (4) The decision of the Tribunal of Arbitration shall be final and binding on the parties. (5) The Tribunal of Arbitration shall have the power-- (a) to regulate its own procedure; (b) to order reinstatement of the adhyapaka concerned; and (c) to award salary to the adhyapaka concerned, after deducting therefrom such income, not being income from property, as such adhyapaka might have derived during the period of his suspension or during the period intervening between the date on which he was removed or dismissed from service or, as the case may be, his service was terminated, and the date on which he is reinstated: Provided that the income which could have been derived by the adhyapaka concerned shall not be taken into account if, at the time when the income was derived, he could have derived such income had he not been suspended or removed or dismissed from service or if his service had not been terminated. (6) No suit or other proceedings shall lie in any court in respect of any matter which is required by sub-section (1) to be referred to the Tribunal of Arbitration.] ### 38A. [ Power to suspend adhyapaka or other member of academic staff. [Added by Act 31 of 1984, Section 23 (w.e.f. 8.8.1984) ] (1) The Upacharya (Vice-Chancellor) may, by order in writing, place and adhyapaka or other member of the academic staff under suspension-- (a) where a disciplinary proceeding against such adhyapaka or other member is contemplated or is pending; or (b) where a case against him in respect of any criminal offence is under investigation or trial. (2) Where any order of suspension is made under sub-section (1), the circumstances in which such order has been made shall be reported forthwith to the Karma-Samiti (Executive Council). (3) The Karma-Samiti (Executive Council) may, within fifteen days from the date of receipt of the report referred to in sub-section (2), revoke the order of suspension if it is of opinion that the circumstances of the case do not warrant the suspension. (4) Any person aggrieved by an order of suspension, which has not been revoked under sub-section (3), may prefer an appeal to the Karma-Samiti (Executive Council) within thirty days from the date on which such order is communicated to him and the Karma-Samiti (Executive Council) may confirm modify or reverse the order appealed against.] ### 38B. Authorities by whom order for removal or dismissal or adhyapaka, etc., may be made and the procedure therefor. [Added by Act 31 of 1984, Section 23 (w.e.f. 8.8.1984) ] (1) No adhyapaka, or other member of the academic staff, appointed by the University shall be dismissed or removed from service or punished in any other manner by any authority other than the Karma-Samiti (Executive Council). (2) No adhyapaka, or other member of the academic staff, appointed by the University shall be dismissed or removed from service or punished in any other manner except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges: Provided that where it is proposed after such inquiry, to impose upon the adhyapaka or other member of the academic staff any punishment, such punishment may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such adhyapaka or other member of the academic staff any opportunity of making representation on the punishment proposed. (3) The Karma-Samiti (Executive Council) shall be entitled to dismiss or remove from service, without holding any such inquiry as is referred to in sub-section (2), an adhyapaka, or other member of the academic staff, of the University, where the Karma-Samiti (Executive Council), for reasons to be recorded in writing, is satisfied that such adhyapaka or other member of the academic staff- (a) is of unsound mind or is a deaf-mute or suffers from contagious leprosy; or (b) is an undischarged insolvent; or (c) has been convicted, by a court of law, of an offence involving moral turpitude. (4) The dismissal or removal from service of, or any other punishment imposed on, an adhyapaka, or other member of the academic staff, appointed by the University shall take effect from the date on which the order of dismissal or removal from service is made or other punishment is imposed: Provided that, where the adhyapaka or other member of the academic staff is under suspension at the time when the order for his dismissal or removal from service is made or other punishment is imposed, such order may, if the Karma-Samiti (Executive Council) so directs, take effect from the date on which he was placed under suspension. (5) Notwithstanding the terms of contract between the University and an adhyapaka, or other member of the academic staff, appointed by the University, such adhyapaka or other member of the academic staff may resign his office-- (a) where he is permanent, by giving three months' notice in writing to the Karma-Samiti (Executive Council) or by paying to the University three months' salary in lieu of such notice; or (b) where he is not permanent, one month's notice in writing to the Karma-Samiti (Executive Council) or by paying to the University one month's salary in lieu of such notice: Provided that if the Karma-Samiti (Executive Council) so permits, the period of three months' notice or of one month's notice, as the case may be, may be reduced or waived: Provided further that such resignation shall take effect from the date on which it is accepted by the Karma-Samiti (Executive Council). Explanation.--"Suspension" shall not be deemed to be a punishment within the meaning of this section."] ### 39. Pension and provident funds. (1) The University shall constitute, for the benefit of its officers [including the Upacharya (Vice-Chancellor)], [adhyapaka] [Substituted by Act 31 of 1984, Section 2 for word "teacher"] , and other servants, in such manner and subject to such conditions as may be prescribed by the Statutes, such pension, insurance and provident funds as it may deem fit. (2) Where any such pension, insurance or provident 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. ### 40. Filling of casual vacancies. (1) Subject to any provision in this Act and in the Statutes, the Karma Samiti (Executive Council) shall appoint, with the approval of the Paridarsaka (Visitor), a person to fill a casual vacancy in the office of the Upacharya (Vice-Chancellor), and the person so appointed shall hold office [until his successor enters upon his office] [Substituted by Act 60 of 1961, Section 15, for "till the next meeting of the Samsad (Court) " ] . (2) 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 conveniently may be, by the person or body who appointed, elected or co-opted the member whose place has become vacant, and the Person appointed, clected or co-opted to a casual vacancy shall be 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. ### 41. [ Removal from membership of the University. [Substituted by Act 57 of 1971, Section 11, for s. 41 (w.e.f. 3-11-1971) ] The Karma Samiti (Executive Council) may, on the recommendation of not less than two-thirds of its members remove any person from the membership of any authority or board of the University if such a person is guilty of a serious offence involving moral turpitude, or if he has been guilty of scandalous conduct and for the same reasons may withdraw any degree or diploma conferred on, or granted to, any person by the University: Provided that no action shall be taken under this section against any person except after giving him a reasonable opportunity of being heard with regard to the proposed action.] ### 42. Disputes as to constitution of any University authority or body. 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 Paridarsaka (Visitor) , whose decision thereon shall be final. ### 43. Constitution of committees. Where any authority of the University is given power by this Act or by the Statutes to appoint committees, such committee shall, unless there is some special provision to the contrary, consist of members of the authority concerned and of such other persons (if any) as the authority in each case may think fit. ### 44. Proceedings of the University authorities not invalidated by vacancies. No act or proceeding of any authority or other body of the University shall be invalidated merely by reason of the existence of a vacancy or vacancies among its members. ["44A. Protection of action taken in good faith. [Inserted by Act 31 of 1984, Section 24 (w.e.f. 8.8.1984). ] No suit or other legal proceeding 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 the provisions of this Act, the Statutes or the Ordinances.] ### 44B. [ Mode of proof of University record. [Inserted by Act 31 of 1984, Section 24 (w.e.f. 8.8.1984). ] A copy of any receipt, application, notice, order, proceeding or resolution of any authority or committee of the University, or other documents in the possession of the University, or any entry in any register duly maintained by the University, if certified by the Karma-Sachiva (Registrar) , shall, notwithstanding anything contained in the Indian Evidence Act, 1872 ( 1 of 1872 ), or in any other law for the time being in force, be admitted as evidence of the matters and transactions specified therein where the original thereof would, if produced, have been admissible in evidence.] ### 45. Power to remove difficulties. If any difficulty arises with respect to the establishment of the University or any authority of the University or in connection with the first meeting of any authority of the University, the Paridarsaka (Visitor) in consultation with the Upacharya (Vice-Chancellor) may, by order, make any appointment or do anything which appears to him necessary or expedient for the proper establishment of the University or any authority thereof or for the first meeting of any authority of the University. THE FIRST SCHEDULE [Omitted by the Visva-Bharti (Amendment) Act, 1984 (31 of 1984), Section 25 (8-8-1984).] THE SECOND SCHEDULE (See section 7) [THE TERRITORIAL LIMITS OF THE UNIVERSITY] The area known s Santiniketan in the District if Birbhum in Wesr Bengal admearuring [3000 hectares] [Substituted for figures and words "11-5 square miles" by the Visva-Bharati (Amendment Act), 1984 (31 of 1984 (31 of 1984), Section 26 (8-8-1984).] , bounded - on the west by a line running from Ballavpur and Bonuri villages to Bandgora. on the south by a line running from Bandgora via Bolpur Dak Bunglow to the bridge over the [Eastern Railway] [Substituted for the words "East Indian Railway", 1984 (31 of 1984 (31 of 1984). ] cutting, and on the east by the [Eastern Railway] [Substituted for the words "East Indian Railway", 1984 (31 of 1984 (31 of 1984). ] line.

65ba5a47ab84c7eca86eb099

acts

State of Tamilnadu- Act ------------------------- The Tamil Nadu Agricultural Pests and Diseases Act, 1919 ---------------------------------------------------------- TAMILNADU India The Tamil Nadu Agricultural Pests and Diseases Act, 1919 ========================================================== Act 3 of 1919 --------------- * Published on 29 April 1919 * Commenced on 29 April 1919 The Tamil Nadu Agricultural Pests and Diseases Act, 1919 Tamil Nadu Act 3 of 1919 Published in the Fort. St. George Gazette, dated the 29th April 1919. An Act for the prevention of the spread of insect pests, plant diseases and noxious weeds. Whereas it is expedient to take measures to prevent the spread of insect pests, plant diseases and noxious weeds injurious to health or to crops, plants, trees or water-supply or obstructive to water-ways within the [State of Tamil Nadu] [Substituted for 'State of Madras' by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969.] . It is hereby enacted as follows:- Part I – Preliminary ---------------------- ### 1. Short title. - This Act may be called the Tamil Nadu Agricultural Pests and Diseases Act, 1919. Notes. - This Act 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 1960), repealing the corresponding law in force in that territory. This Act was further extended to the merged territory of Pudukkottal by section 2 of the Tamil Nadu Aided Institutions (Prohibition of Transfers of Property) (Extension to Pudukkottai) Act, 1961 (Tamil Nadu Act 54 of 1961), repealing the corresponding law in force in that territory. ### 2. Interpretation clause. - In this Act unless there is anything repugnant in the subject or context,- "Insect pest" means any insect or other invertebrate animal which has been declared by notification under section 3 [or 8-A] [Added by Tamil Nadu Act 28 of 1982.] of this Act to be an insect pest; "Plant disease" means any fungoid, bacterial, parasitical or other disease which has been declared by notification under section 3 [or 8-A] [Added by Tamil Nadu Act 28 of 1982.] of this Act to be a plant disease; "Noxious weed" means any weed which has been declared by notification under section 3 [or 8-A] [Added by Tamil Nadu Act 28 of 1982.] of this Act to be a noxious weed; "Plant" includes the fruit, leaves, bark, cuttings or any living portion of a plant, but does not include the seed unless the seed has been especially included in the definition of plant by the [State Government] [Words 'Governor in Council' was substituted by the Adaptation Order, 1937 and the word 'State' was Substituted for 'Provincial' by the Adaptation Order of 1950.] by notification under this Act; "Occupier" means the person having for the time being the right of occupation of any land, premises, or water or his authorised agent or any person in actual occupation of the land, premises or water, and includes a local authority and [x x x] [Words 'railway or other' were omitted by section 3 of, and the Second Schedule to, Tamil Nadu Act XXXVI of 1955.] company having such right of occupation or in such actual occupation; ["Company" means any body corporate, and includes a firm, society or other association of individuals;] [Added by Tamil Nadu Act 28 of 1982.] "Notified area" means the area covered by a notification published under section 3 [or 8-A] [Added by Tamil Nadu Act 28 of 1982.] ; "Director of Agriculture" means an officer appointed by the [State Government] [Words 'Governor in Council' was substituted by the Adaptation Order, 1937 and the word 'State' was Substituted for 'Provincial' by the Adaptation Order of 1950.] to be the Director of Agriculture and includes every person who, for the time being, performs the duties of the office; "Prescribed" means prescribed by notification or rules made under this Act. Part II – Of Insect Pests, Plant Diseases and Noxious Weeds ------------------------------------------------------------- ### 3. Notification by the State Government of areas affected by insect pests, plant diseases or noxious weeds. - [(1) ] [Section 3 was re-numbered as sub-section (1) and sub-section (2) was added to section 3 by section 2 of Tamil Nadu Act VII of 1925.] If the [State Government] [Words 'Provincial Government' were Substituted for 'Governor in Council' by the Adaption Order, 1937 and the word 'State' was Substituted for 'Provincial' by the Adaption Order of 1950.] [consider] [Substituted for 'considers' by the Adaptation Order of 1937.] that any pest, disease or weed in any local area is dangerous to health, or is injurious to crops, plants, trees or water-supply or is obstructive to water ways and that it is necessary to take measures to eradicate it or to prevent its introduction of reappearance, [they] [Substituted by Adaptation Order of 1937.] may by notification [x x x] [Words 'in the Official Gazette' were omitted by the Tamil Nadu Act 28 of 1982.] (a) declare that such pest, disease or weed is an insect pest, a plant disease or a noxious weed, (b) prohibit or restrict the removal of any plant from one place to another or prescribe such other preventive or remedial measures as maybe necessary in respect of such pest, disease or weed, and (c) define the local area within which and the period during which such notification shall be in force. (2) [ Where the preventive or remedial measures prescribed in sub-section (1) include the removal or destruction of any plant in order to eradicate or prevent the introduction or re-appearance of any insect pest, such notification shall, prior to the date on which the notification shall come into force, be proclaimed in the local area defined in the notification in such maimer as may be prescribed.] [Section 3 was re-numbered as sub-section (l) and sub-section (2) was added to section 3 by section 2 of Tamil' Nadu Act VII of 1925.] ### 4. Liability on the occupiers. - On the issue of a notification under section 3, every occupier within the notified area shall be bound to carry out the remedial and preventive measures prescribed in such notification. Explanation. - For the purpose only of this section, the [State Government] [Words 'Provincial Government' were Substituted for 'Governor in Council' by the Adaption Order, 1937 and the word 'State' was Substituted for 'Provincial' by the Adaption Order of 1950.] shall be deemed to be the occupier in the case of all lands which are the property [of the Government] [Words 'of the Crown' were Substituted for 'of Government' by the Adaptation Order of and the word 'Government' was Substituted for 'Crown' by the Adaptation Order of 1950.] within the meaning of section 2(1) of the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905). ### 5. Right of entry. - Any officer appointed under section 19 may enter on any land or water within the notified area and take such action, as may be necessary in order to ascertain- (a) whether any insect pest, plant disease or noxious weed is there present; and (b) whether the prescribed remedial or preventive measures or both, as the case may require, have been taken. ### 5A. Procedure where measures prescribed to eradicate insect pests include removal, or destruction of plants. - Where the remedial or preventive measures prescribed by a notification under section 3 include the removal or destruction of any plant in order to eradicate to prevent the introduction or re-appearance of any insect pest, any occupier who fails to remove such plant on or before the date specified in the notification shall be deemed to have committed an offence under this Act and the removal or destruction of such plant may be carried out by the inspecting officer or under his supervision. ### 6. Inspecting officer may serve a notice on occupier to take remedial or preventive action. - If any inspecting officer appointed under section 19 finds that any prescribed remedial or preventive measures other than those specified in section 5-A have not been properly carried out, he may, subject to such rules as the [State Government] [Words 'Provincial Government' were Substituted for 'Governor in Council' by the Adaptation Order of 1937 and the word 'State' was Substituted for 'Provincial' by the Adaptation Order of 1950.] may prescribe under section 21 (g) call upon the occupier by notice in writing to carry out the prescribed remedial or preventive measures within a time to be specified in such notice. (2) The occupier may, within seven days of the service upon him of such notice, prefer an appeal to the prescribed officer who may make such order as he thinks fit. The decision on such appeal shall be final. (3) The officer receiving the appeal may extend the time specified in the notice under sub-section (1). ### 7. Occupier failing to comply with the notice served on him commits an offence. - If any occupier upon whom notice has been served under section 6 fails to comply with the notice within the time specified by the inspecting officer or, in cases where an appeal has been preferred by the prescribed officer on appeal, he shall be deemed to have committed an offence under this Act and the prescribed remedial or preventive measures may be carried out by the inspecting officer or under his supervision. ### 8. Recovery from the occupier of the cost of preventive or remedial measures carried out by the inspecting officer. (1) If any prescribed remedial or preventive measures are carried out by the inspecting officer [under section 5-A or 7] [Substituted by section 2 of Tamil Nadu Act VII of 1925.] the cost of such measures shall be recoverable from the occupier as if it were an arrear of land revenue, but such occupier may appeal to the Collector within thirty days from the date of demand on the ground that,- (a) charges for items other than cost of labour, material or use of implements have been included, or (b) the charges for labour, material or use of implements are unduly high. (2) The order of the Collector on such appeal shall be final. ### 8A. [ Preventive or remedial measures in emergent cases. [Inserted by the Tamil Nadu Act 28 of 1982.] (1) Notwithstanding anything contained in sections 3 to 8, if the State Government is satisfied that any pest, disease or weed injurious to crops, plant or trees is prevalent or is likely to break out in any local area and that immediate preventive or remedial measures have to be taken, they may, by notification,- (a) declare that such pest, disease or weed is an insect pest, a plant disease or a noxious weed; (b) prescribe such preventive or remedial measures such as ground spraying or dusting as may be necessary in respect of such pest, disease or weed; (c) prohibit or restrict the removal of any plant from one place to another; (d) define the local area within which and the period during which such notification shall be in force; and (e) declare that the State Government may cause the prescribed preventive or remedial measures to be carried out in the notified area. (2) On the issue of a notification under sub-section (1), any inspecting officer appointed under section 19 may enter on any land or water within the notified area and carry out, or cause to be carried out under his supervision, the prescribed preventive or remedial measures. (3) Where any preventive or remedial measures are carried out under subsection (1) or (2), the occupier shall be liable to pay the State Government towards the cost of such measures, such amount (not exceeding the prescribed percentage of the cost aforesaid) as the inspecting officer may, by order in writing, determine and the amount so determined shall be recoverable from the occupier as if it were an arrear of land revenue. (4) In calculating the cost referred to in sub-section (3), the following shall be taken into account, namely:- (a) the charges for labour, material or use of implements; and (b) proportionate charges for any special establishment entertained for the purpose. (5) (a) Any occupier may, within thirty days of the date of receipt of the order under sub-section (3) , prefer an appeal against such order to the prescribed officer who may make such order as he thinks fit. The decision on such appeal shall be final: Provided that no such appeal shall lie unless the amount determined under sub-section (3) has been paid. (b) Where the amount paid by the occupier is in excess of the amount payable under any order made in such appeal, such excess shall be refunded to him.] ### 9. [Destruction of trees, plants or crops in execution of remedial or preventive measures and compensation therefor.] [Substituted by the Tamil Nadu Act 28 of 1982.] (1) If in carrying out any prescribed remedial or preventive measures under [section 5-A, 8 or 8-A] [Inserted by the Tamil Nadu Act 28 of 1982.] , the inspecting officer destroys or causes to be destroyed,- (a) any tree which is infected with the insect pest or plant disease, or (b) any plants, not being trees, some or all of which are affected by the insect pest or plant disease, but which are grown so closely together that it is not ordinarily practicable to treat each plant individually, or (c) any plants including trees which, though not so infected, have in his opinion become liable to such infection, [or] [Inserted by the Tamil Nadu Act 28 of 1982.] (d) [ any crops which are infected with insect pest or plant disease, he shall serve a notice in writing on the occupier stating particulars of the trees plants and crops destroyed and his estimate of their value.] [Inserted by the Tamil Nadu Act 28 of 1982.] (2) When [any trees, plants or crops are destroyed] [Substituted by the Tamil Nadu Act 28 of 1982.] aforesaid, the occupier shall be entitled to compensation as follows:- for a tree destroyed under sub-section (1) (a) - not exceeding one half of the value thereof; for plants destroyed under sub-section (1) (b) - not exceeding two-thirds of the value thereof; for plants destroyed under sub-section (1) (c) - their full value; for crops destroyed under sub-section (l)(d) - their full value; Provided that no compensation shall be payable for cotton plants the destruction of which has been prescribed in order to eradicate or prevent the introduction or re-appearance of any insect pest. (3) For the purposes of this section 'value' shall mean value of the [tree, plant or crop] [Substituted for 'tree or plant' by the Tamil Nadu Act 28 of 1982.] at the time of its destruction. ### 10. Claims for compensation, how and when to be made. - All claims for compensation under section 9 shall be made in writing to the valuing officer appointed by the State Government within one month from the service of the notice mentioned in sub-section (1) of section 9. ### 11. Award of compensation. (1) The valuing officer, after making such inquiry and taking such evidence as he may consider necessary, shall award compensation not exceeding the rates prescribed in section 9 and transmit or cause to be transmitted copies of his award in writing to the occupier and to the inspecting officer. (2) The date within which and officer before whom an appeal may be preferred shall be entered in the award. ### 12. Appeal against award. - Either the occupier or the inspecting officer may, within thirty days of the date of receipt of the award, prefer an appeal against such award to the prescribed officer whose decision shall be final. ### 13. Obligation of village officers to report on insect pests, plant diseases or noxious weeds. - Village Officers of villages in taluks adjoining a notified area within whose village limits a pest, disease or weed similar to the insect pest, plant disease or noxious weed within the notified area shall appear, shall report the same to the Collector. ### 14. Punishment for offence under section 5-A or 7. - Anyone convicted by a magistrate of an offence under [section 5-A or 7] [Substituted by Tamil Nadu Act VII of 1925.] of this Act shall be liable to fine not exceeding Rs. 50, or in default to simple imprisonment for a period not exceeding ten days. ### 15. Contravening notification under [clause (b) of sub-section (1) of section 3 or clause (c) of sub-section (1) of section 8-A] [Substituted by the Tamil Nadu Tamil Nadu Act 28 of 1982.] to be an offence, and punishment therefor. - If any person contravenes a notification under [clause (b) of subsection (1) of section 3 or clause (c) of sub-section (1) of section 8-A] [Substituted by the Tamil Nadu Act 28 of 1982.] of this Act prohibiting or restricting the removal of any plant from one place to another, he shall be deemed to have committed an offence under this Act. Any one convicted by a magistrate of such an offence shall, in addition to confiscation and destruction of the plant in respect of which the offence was committed, be liable to fine not exceeding Rs. 50, or in default to simple imprisonment for a period not exceeding ten days. ### 15A. [ Offences by companies. [Inserted by the Tamil Nadu Act 28 of 1982.] (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 and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any such offence has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer, shall be deemed to be guilty of that offence and shall also be liable to be proceeded against and punished accordingly. Explanation. - For the purposes of this section, "director" in relation to (a) a firm, means a partner in the firm, (b) a society or other association of individuals, means the person who is entrusted, under the rules of the society or other association with the management of the affairs of the society or other association, as the case may be.] Part III – General -------------------- ### 16. Compensation to occupier for trees and plants destroyed. - Where an occupier destroys any trees or plants in obedience to a notice issued under section 6, he may be granted compensation in accordance with such rules as may be made under this Act. ### 17. Compensation not payable for noxious weed destroyed. - Notwithstanding anything in this Act, no compensation shall be payable for any noxious weed destroyed. ### 18. Institution of prosecutions or other legal proceedings under the Act. (1) No suit, prosecution or other legal proceedings shall lie against any\* officer for anything done under this Act in good faith or for any damage to property caused by any action taken in good faith in carrying out the provisions of this Act. (2) No prosecution under this Act shall be commenced without the previous sanction of the District Collector. (3) No prosecution under this Act shall be commenced after six months from the date of the alleged offence. ### 19. Appointment of Inspecting officers. - The [State Government] [Words 'Governor in Council' was substituted by the Adaptation Order, 1937 and the word 'State' was Substituted for 'Provincial' by the Adaptation Order of 1950.] may, from time to time, appoint inspecting officers for the purpose of carrying out the duties prescribed in sections [5, 5-A, 6 and 8-A] [Substituted by the Tamil Nadu Act 28 of 1982.] . ### 20. Delegation of powers. - The State Government may by notification delegate all or any of their powers under this Act except those conferred by sections [3, 8-A and 21] [Substituted by the Tamil Nadu Act 28 of 1982.] to the Director of Agriculture or any other officer or any local authority or the president or chairman of any local authority. ### 21. Power to make rules. - The State Government may make such rules not inconsistent with the provisions of this Act as may, from time to time, be necessary. (a) including seed within the definition of a plant, (b) prescribing the methods of publication of descriptions of insect pests, plant diseases and noxious weeds and of the treatment to be followed. (c) prescribing the qualifications required of inspecting officers, (d) prescribing the procedure to be followed in making an award under section 11 and the methods and conditions of valuation of [trees, plants and crops] [Inserted by the Tamil Nadu Act 28 of 1982.] . (e) providing for payment of compensation under section 16 and for all matters connected therewith, (f) prescribing the officers to whom appeals may be made [and the fees to be paid for] [Inserted by the Tamil Nadu Act 28 of 1982.] and the procedure to be followed in respect of such appeals, (g) prescribing the procedure, notices and method of service thereof, notifications, registers and other processes needed for the effectual working of this Act, and (h) generally to carry out the purposes of this Act. ### 22. [ Publication of rules, commencement of rules and notifications and placing them on the table of the Legislature. [Added by the Tamil Nadu Act 28 of 1982.] (1) (a) All rules made under this Act shall be published in the Tamil Nadu Government Gazette and, unless they are expressed to come into force on a particular day, shall come into force on the day on which they are so published. (b) All notifications issued under this Act shall, unless they are expressed to come into force on a particular day, come into force on the day on which they are published. (2) Every rule made or notification issued under this Act shall, as soon as possible, after it is made or issued, be placed on the table of [the Legislative Assembly], and if before the expiry of the session in which it is so placed or the next session, [the Legislative Assembly agrees] [Substituted for 'both the Houses agree' by the Tamil Nadu Adaptation of Laws Order, 1987.] in making any modification in any such rule or notification or [the Legislative Assembly agrees] [Substituted for 'both the Houses agree' by the Tamil Nadu Adaptation of Laws Order, 1987.] that the rule or notification should not be made or issued, the rule or notification, shall thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification.]

65ba85bdab84c7eca86ebe5f

acts

Union of India - Act ---------------------- The Electricity (Removal Of Difficulty)third Order, 2005 ---------------------------------------------------------- UNION OF INDIA India The Electricity (Removal Of Difficulty)third Order, 2005 ========================================================== Rule THE-ELECTRICITY-REMOVAL-OF-DIFFICULTY-THIRD-ORDER-2005 of 2005 --------------------------------------------------------------------- * Published on 8 June 2005 * Commenced on 8 June 2005 The Electricity (Removal Of Difficulty)third Order, 2005 Vide S.O. 792(E) , dated 8.6.2005, published in the Gazette of India, Ext., Point II, Section 3(ii), dated 8.6.2005. ### 8. /467 Whereas the Electricity Act, 2003 ( 36 of 2003 ) (hereinafter referred to as the Act) came into force on the 10th June, 2003; And whereas the clause (b) of the sub-section (1) of section 86 of the Act provides that the State Commission shall have powers to regulate electricity purchase and procurement process of distribution licensees including the price at which electricity shall be procured from the generating companies or licensees or from other sources through agreements for purchase of power for distribution and supply within the State; And whereas the Appropriate Commission has the power to determine the tariff for supply of electricity by a generating company to a distribution licensee in terms of clause (a) of sub-section (1) of section 62 of the Act; And whereas some of the State Governments are getting free electricity from the power generated by various hydro power generating companies in pursuance of the conditions relating to the development of the hydro power site; And whereas such a State Government not covered in the definition of the "generating company" in terms of sub-section (28) of section 2 of the Act, for purpose of clause (a) of sub-section (1) of section 62 of the Act;And whereas difficulties have arisen in respect of disposal of free electricity received by the State Government from hydro power generating companies and related matters; Now, therefore, the Central Government, in exercise of its powers conferred by section 183 of the Act, hereby makes this order in respect of discretion of the State Government to dispose of such electricity, not inconsistent with the provisions of the Act, namely: ### 1. Short title and commencement.- (1) This order may be called The Electricity (Removal Of Difficulty) Third Order, 2005. (2) It shall come into force on the date of publication in the Official Gazette. ### 2. Disposal of free electricity received by a State Government from hydro power generating stations.- The State Government receiving free electricity from hydro power generating stations shall have discretion to dispose of such electricity in the manner it deems fit according to the provisions of the Act:Provided that if such electricity is sold by the State Government to a distribution licensee, the concerned State Commission shall have powers to regulate the price at which such electricity is procured by the distribution licensee.

65b9021dab84c7eca86e8257

acts

State of Puducherry - Act --------------------------- Anglo-French Textiles Limited (Acquisition and Transfer of Textile Undertaking) Act, 1986 ------------------------------------------------------------------------------------------- PUDUCHERRY India Anglo-French Textiles Limited (Acquisition and Transfer of Textile Undertaking) Act, 1986 =========================================================================================== Act 7 of 1986 --------------- * Published on 2 May 1986 * Commenced on 2 May 1986 Anglo-French Textiles Limited (Acquisition and Transfer of Textile Undertaking) Act, 1986 (Act No. 7 of 1986) Last Updated 21st January, 2020 Statement of Objects and Reasons for Act No. 7 of 1986. - The Anglo-French Textile Limited, Puducherry had remained closed from the first week of July, 1983. Various attempts and efforts made by the Puducherry Administration and the Government of. India (Ministry of Textiles) in collaboration with the Financial Institutions like Industrial Development Bank of India, United Commercial Bank, etc., to reopen the Mills, through the existing management or by inducting new management could not succeed. Also certain Banks who had advanced large sums of money to the Company owning the mills with a view to making the mills viable were unwilling to make any further advances. Further investments of very large sum of money was necessary for reorganizing and rehabilitating the said mills and thereby to protect the interest of the workmen employed therein and to augment the production of cloth yarn ensuring credit line and in the largest interest of the people of Puducherry. It was therefore decided to acquire and transfer the right, title and interest of the Anglo-French Textiles Limited by the Government of Puducherry. In order to achieve the above objects and in order to give effect to the policy of the State towards securing the principles specified in clause (b) of article 39 of the Constitution, the Anglo-French Textile Limited (Acquisition and Transfer of Textile Undertaking) Ordinance, 1985 was promulgated by the Administrator, Puducherry on the 24th December, 1985 under article 239 B of the Constitution. The said Ordinance, apart from providing for the acquisition and transfer of the textile undertaking of the Company,, provided for the payment of an amount for such acquisition, appointment of a Commissioner of payments for the purpose of disbursing the amounts payable to the Company, and for other incidental and consequential matters. This Bill seeks to replace the aforesaid ordinance. [Dated 02.05.1986] An Act to provide for the acquisition and transfer of the right, title and interest of the Anglo-French Textiles Limited for the purpose of ensuring continued and increased production of goods essential to the needs of the community and for matters connected therewith or incidental thereto. Whereas the Anglo-French Textiles Limited, Puducherry remained closed from the first week of July, 1983; And Whereas various attempts and efforts made by the Puducherry Administration and the Government of India (Ministry of Textiles) in collaboration with the Financial Institutions like Industrial Development Bank of India, United Commercial Bank, etc. to reopen the mills through the existing management or by inducting a new management could not succeed; And Whereas certain banks had advanced large sums of money to the company owning the said undertaking with a view to making the said undertaking viable and were unwilling to make any further advances; And Whereas further investment of very large sums of money is necessary for reorganising and rehabilitating the said undertaking and thereby to protect the interests of the workmen employed therein and to augment the production of cloth and yam so as to sub-serve the interests of general public; And Whereas acquisition by the Government of the said undertaking is necessary in the interest of labour force, maintenance of production, ensuring credit line, and in the largest interest of the people of Puducherry; Be it enacted by the Legislative Assembly of Puducherry in the Thirty-seventh Year of the Republic of India as follows: - Chapter - I Preliminary ### 1. Short title and commencement. (1) This Act may be called the Anglo-French Textiles Limited (Acquisition and Transfer of Textile Undertaking) Act, 1986. (2) It shall be deemed to have come into force on the 24th day of December, 1985. ### 2. Definitions. - In this Act, unless the context otherwise requires, - (a) "appointed day" means the 24th day of December, 1985; (b) "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 and a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) 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; (c) "Commissioner" means a Commissioner of payments appointed under section 12; (d) "Company" means the Anglo-French Textiles Limited, being a company as defined in the Companies Act, 1956 and having its registered office at Puducherry; (e) "Corporation" means the Puducherry Textile Corporation Limited, formed and registered under the Companies Act, 1956; (f) "Government" means the Government of Puducherry; (g) "notification" means a notification published in the Official Gazette; (h) "Owner" when used in relation to Anglo-French Textiles Limited, means any person or firm who or which is immediately before the appointed day, the immediate proprietor or lessee or occupier of the said textile undertaking or any part thereof, and also includes any agent or manager of such owner; (i) "prescribed" means prescribed by rules made under this Act; (j) "specified date" means such date as the Government may for the purpose of any provision of this Act, by notification, specify; and different dates may be specified for different provisions of this Act; (k) "textile undertaking" means the undertaking of the company; (l) words and expressions used herein and not defined but defined in the Companies Act, 1956, shall have the meanings respectively assigned to them in that Act. Chapter - II Acquisition and Transfer of Anglo-French Textiles Limited ### 3. Acquisition of rights of company of Anglo-French Textiles Limited. (1) On the appointed day, the Anglo-French Textiles Limited and the right, title and interest of the owner in relation to that textile undertaking shall stand transferred to, and shall vest absolutely in the Government. (2) The textile undertaking which stands vested in the Government by virtue of sub-section (1) shall, immediately after it has so vested, stand transferred to, and vest in the Corporation. ### 4. General effect of vesting. (1) The textile undertaking referred to in section 3 shall be deemed to include all assets, rights, leaseholds, powers, authorities and privileges and all property, movable and immovable, including lands, buildings, workshops, stores, instruments, machinery and equipment, cash balances, cash on hand, reserve funds, investments and book debts and all other rights and interests in, or arising out of, such property as were immediately before the appointed day in the ownership, possession, power or control of the owner of the textile undertaking, whether within or outside India, and all books of account, registers and all other documents of whatever nature relating thereto. (2) All property as aforesaid which has vested in the Government under sub-section (1) of section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other encumbrances affecting it, and any attachment, injunction or decree or order of any court restricting the use of such property in any manner shall be deemed to have been withdrawn. (3) Where any licence or other instrument in relation to the textile undertaking had been granted at any time before the appointed day to an owner by the Central Government or the Government or any other authority, the Corporation shall, on and from such date, be deemed to be substituted in such licence or other instrument in place of the owner referred to therein as if such licence or other instrument had been granted to the Corporation and it shall hold such licence or such other instrument for the remainder of the period for which the owner would have held such licence or such other instrument. (4) Every mortgagee of any property which has vested under this Act in the Government and every person holding any charge, lien or other interest in or in relation to any such property, shall give, within such time and in such manner as may be prescribed, an intimation to the Commissioner of such mortgage, charge, lien or other interest. (5) For the removal of doubt, it is hereby declared that the mortgagee of any property referred to in sub-section (2) or any other person holding any charge, lien or other interest in, or in relation to, any -such property shall be entitled to claim, in accordance with his rights and interests, payment of the mortgage money or other dues, in whole or in part, out of the amount specified in relation to such property in section 7, but no such mortgage, charge, lien or other interest shall be enforceable against any property which has vested in the Government. ### 5. Owner to be liable for certain prior liabilities. (1) Every liability of the owner of the textile undertaking in respect of any period prior to the appointed day, shall be the liability of such owner and shall be enforceable against him and not against the Government or the Corporation. (2) For the removal of doubt, it is hereby declared that - (a) save as otherwise expressly provided in this section or in any other section of this act, no liability in relation to the textile undertaking, in respect of any period prior to the appointed day, shall be enforceable against the Government or the -Corporation; (b) no liability of the textile undertaking or any owner thereof for the contravention, before the appointed day, of any provision of law for the time being in force, shall be enforceable against the Government or the Corporation. ### 6. Contribution by Government. - An amount equal to the value of the assets of the textile undertaking transferred to and vested in the Corporation under sub-section (2) of section 3, shall be deemed to be the contribution made by the Government to the Corporation. Chapter - III Payment of Amount ### 7. Payment of amount to owner of textile undertaking. (1) The owner of the textile undertaking shall be given by the Government, in cash and in the manner specified in Chapter-V, for the transfer to, and vesting in the Government under sub-section (1) of section 3 of the textile undertaking and the right, tile and interest of owner in relation to such textile undertaking, an amount equal to the amount specified against it in column (4) of the First Schedule. (2) In addition to the amount referred to in sub-section (1), there shall be given by the Government, in cash, to the owner of the textile undertaking, simple interest at the rate of four per cent per annum on the amount specified against such owner in column (4) of the First Schedule for the period commencing on the appointed day, and ending on the date on which the payment of such amount is made by the Government to the Commissioner. (3) The amount representing interest calculated at the rate specified in sub-section (2) shall be given in addition to the amount specified in the First Schedule. (4) Where any liability of the owner specified in the Second Schedule is discharged by the Government or the Corporation according to the order of the priorities Mentioned in the Second Schedule, the amount to be paid to the owner under sub-section (1) shall stand reduced to that extent. ### 8. Management, etc, of the textile undertaking. (1) The Corporation or any person which the Corporation may, by order in writing, specify, shall be entitled to exercise the powers of general superintendence, direction, control and management of the affairs and business of the textile undertaking, the right, title and interest of an owner in relation to which have vested in the Corporation under sub-section (2) of section 3, and to do all such things as the owner of the textile undertaking is authorised to exercise and do. (2) Notwithstanding anything contained in sub-section (1) or any other law for time being in force, it shall be lawful for the Corporation to re-organise and reconstruct the textile undertaking and thereby form such units as the Corporation deems fit. ### 9. Duty of persons in charge of management of textile undertaking to deliver all assets, etc. - On the vesting of the management of the textile undertaking in the Corporation, all persons in charge of the management of such textile undertaking immediately before such vesting shall be bound to deliver to the Corporation all assets, books of account, registers or other documents in their custody relating to the textile undertaking. ### 10. Accounts. - The Corporation shall maintain the accounts of the textile undertaking in accordance with the provisions of the Companies Act, 1956. Chapter-IV Provisions relating to employees of textile undertaking ### 11. Employment of certain employee. (1) Where services of a person who is a workman within the meaning of the Industrial Disputes Act, 1947, and who has been immediately before the appointed day, employed in the textile undertaking, are in the opinion of the Corporation necessary having regard to the requirements of the units of the Corporation formed as a result of reorganization and 'reconstruction of the textile undertaking, he shall become, from the date of his appointment by the Corporation, an employee of the Corporation and shall hold office or service in the Corporation with the same rights and privileges as to pension, gratuity and Other matters as would have been admissible to hint if the rights in relation to such textile undertaking had not been transferred to, and vested in the Corporation, and continue to do so unless an until his employment in such Corporation is duly terminated or until his remuneration and terms and conditions of employment are duly altered by the Corporation: Provided that notwithstanding anything contained in the Payment of Wages Act, 1936 (Central Act 4 of 1936 ) and the Payment of Gratuity Act, 1972 (Central Act 39 of 1972 ) - (a) the Government or the Corporation shall not be liable to any person who has become an employee of the Corporation under this sub-section for payment of any gratuity or any arrears of wages for the period commencing from the day on which the textile undertaking in which he was employed was closed and ending on the day on which he becomes an employee of the Corporation, irrespective of whether such closure was in accordance with the provisions of the Industrial Disputes Act, 1947 (Central Act 14 of 1947 ) or not, (b) the termination of services of a person under sub-clause (ii) of clause (a) of sub-section (3) on his becoming an employee of the Corporation under this sub-section, shall not entitle such person to payment of any gratuity. (2) Where services of a person who is not a workman within the meaning of the Industrial Disputes Act, 1947 (Central Act 14 of 1947 ), and who has been, immediately before the appointed day, employed in the textile undertaking, are in opinion of the Corporation necessary having regard to the requirement of the units of the Corporation formed as a result of .reorganisation and reconstruction of the textile undertaking by the Corporation, he shall become, from the date of his appointment by the Corporation, an employee of the Corporation and shall hold office or service in the Corporation on such terms and conditions of employment as may be determined by the Corporation. (3) (a) The services of every person employed by the owner before the appointed day shall stand terminated - (i) on the designated date if such person is not employed before that date by the Corporation under sub-section (1) or (2); and (ii) on the date of his appointment if such person is employed before the designated date by the Corporation under sub-section (1) or (2). (b) A person whose services stand terminated under sub-clause (i) of clause (a) shall not be entitled to claim employment in the Corporation as of right. (4) (a) Every person whose services stand terminated under sub-clause (i) of clause (a) of sub-section (3) shall be entitled to - (i) payment of gratuity as per the provisions of the Payment of Gratuity Act, 1972 and compensation for retrenchment or closure, as the case may be, if he is a workman within the meaning of the Industrial Disputes Act, 1947 in accordance with the provisions of that Act; and (ii) payment of gratuity if he is not such workman: Provided that no person whose services are terminated on his superannuation on or before the designated date, shall be entitled to payment of compensation for retrenchment. (b) Notwithstanding that the liability for payment of gratuity and compensation for retrenchment under clause (a) is that of the owner, such liability shall be discharged by the Government or the Corporation, according to the order of priorities mentioned in the Second Schedule and on discharge of such liability by the Government or the Corporation, the owner shall stand discharged to the extent of the liability so discharged. (5) Where - (a) the services of any person employed before the appointed day in the textile undertaking are terminated - (i) under the terms of any contract or service or otherwise, or (ii) under sub-section (3), and (b) such person is entitled to any arrears of salary or wages or any payment for any leave not availed of or other payment not being payment by way of gratuity or compensation for retrenchment, such person may, except to the extent such liability of payment has been discharged by the Government or the Corporation under sub-section (4) of section 7, enforce his claim against the owner of the textile undertaking but not against the Government or the Corporation. Explanation. - In this section, the expression "designated date" means such date as the Government may, in relation to the textile undertaking by notification designate. Chapter - V Commissioner of Payments ### 12. Appointment of Commissioner of Payments. (1) For the purpose of disbursing the amounts payable to the owner of textile undertaking, the Government shall, by notification in the Official Gazette, appoint such person as it may think fit to be the Commissioner of Payments. (2) The Government may appoint such other persons as it may think fit to assist the Commissioner and thereupon the.Commissioner may authorise one or more of such persons to also exercise all or any of the powers exercisable by him under this Act, and different persons may be authorised to exercise different powers. (3) Any person authorised by the Commissioner to exercise any powers may exercise those powers in the same manner and with the same effect as if they have been conferred on that person directly by this Act and not by way of authorisation. (4) The salaries and allowances of the Commissioner and other persons appointed under this section shall be defrayed out of the Consolidated Fund of the Union territory of Puducherry. ### 13. Payment by the Government to the Commissioner. (1) The Government shall, within ninety days, from the specified date, pay in cash to the Commissioner, for payment to the owner of the textile undertaking, an amount equal to the amount specified against the textile undertaking in the First Schedule and shall also pay to the Commissioner such sums as may be due to the owner of the textile undertaking under sub-section (2) of section 7. (2) A personal deposit account in the State Bank of India shall be opened in favour of the Commissioner and every amount paid under this Act to the Commissioner shall be deposited by him to the credit of the said deposit account and thereafter the said deposit account shall be operated by the Commissioner. (3) Separate records shall be maintained by the Commissioner in respect of the textile undertaking in relation to which payments have been made to him under this Act: (4) Interest accruing on the amounts standing to the credit of the deposit account referred to in sub-section (2) shall accrue to the benefit of the owner of the textile undertaking. ### 14. Certain powers of the Corporation. (1) The Corporation shall be entitled to receive upto the specified date, to the exclusion of all other persons, any money due to the textile undertaking, realised after the appointed day, notwithstanding that the realisation pertain to a period prior to the appointed day. (2) Save as otherwise provided in this Act, the liabilities in relation to the textile undertaking in respect of any period prior to the appointed day shall be the liabilities of the owner of the textile undertaking. ### 15. Claims to be made to the Commissioner. - Every person having a claim against the owner of the textile undertaking shall prefer such claim before the Commissioner within thirty days from the specified date: Provided that if the Commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the claim within the said period of thirty days, he may entertain the claim within a further period of thirty days but not thereafter. ### 16. Priority of claims. - The claims arising out of the matters specified in the Second Schedule shall have priorities in accordance with the following principles, namely: - (a) Category-I shall have precedence over all other categories and Category-II shall have precedence over Category-III; (b) the claim specified in each category except Category-II shall rank equally and be paid in full but if the amount is insufficient to meet such claims in full, they shall abate in equal proportions and be paid accordingly; (c) the liabilities specified in Category-II shall be discharged subject to the priorities specified in this section, in accordance with the terms of the secured loans and the priority, inter se, of such loans; and (d) the question of payment of a liability with regard to a matter specified in a lower category shall arise only if a surplus is left after meeting all the liabilities specified in the immediately higher category. ### 17. Examination of claims. (1) On receipt of the claims under section 15, the Commissioner shall arrange the claims in the order of priority specified in the Second Schedule and examine the same in accordance with the said order. (2) If, on examination of the claims, the Commissioner is of the opinion that the amount paid to him under this Act is not sufficient to meet the liabilities specified in any lower category, he shall not be required to examine the liabilities in respect of such lower category. ### 18. Admission or rejection of claims. (1) After examining the claims with reference to the priority set out in the Second Schedule, the Commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim or be excluded from the benefit of the disbursement made by the Commissioner. (2) Not less than fourteen days' notice of the date so fixed shall be given by advertisement in one issue of the daily newspaper in the English language and one issue of the daily newspaper in the regional language as the Commissioner may consider suitable, and every such notice shall call upon the claimant to file the proof of his claim with the Commissioner within the time specified in the advertisement. (3) Every claimant who fails to file the proof of his claim within the time specified by the Commissioner shall be excluded from the disbursement made by the Commissioner. (4) The Commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the owner of the textile undertaking an opportunity of refuting the claim and after giving the claimants a reasonable opportunity of being heard, in writing, admit or reject the claim in whole or in part. (5) The Commissioner shall have the power to regulate his own procedure in all matters arising out of the discharge of his functions including the place or places at which he may hold his sittings and shall, for the purpose of making any investigation under the Act have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908, while trying a suit, in respect of the following matters, namely: - (a) the summoning and enforcing the attendance of any witness and examining him on oath; (b) the discovery and production of any document or other material object produce-able as evidence; (c) the reception of evidence on affidavits; and (d) the issuing of any commission for the examination of witnesses. (6) An investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code and the Commissioner shall be deemed to be a Civil Court for the purposes of section 195 and Chapter-XXVI of the Code of Criminal Procedure, 1973. (7) A claimant who is dissatisfied with the decision of the Commissioner may prefer an appeal against the decision to the Principal Civil Court of original jurisdiction within the local limits of whose jurisdiction the textile undertaking is situated: Provided that where a person who is a Judge of the High Court is appointed to be the Commissioner, such appeal shall lie to the High Court and it shall be heard and disposed of by not less than two other Judges of the High Court. ### 19. Disbursement of money by the Commissioner to claimants. - After admitting a claim under this Act, the amount due in respect of such claim shall be credited by the Commissioner to the relevant fund or be paid to the person or persons to whom such sums are due and on such credit or payment the liability of the owner in respect of such claims shall stand discharged. ### 20. Disbursement of amounts to the owner of the textile undertaking. (1) If out of the monies paid to him in relation to the textile undertaking, there is a balance left after meeting the liabilities as specified in the Second Schedule, the Commissioner shall disburse such balance to the owner of such textile undertaking. (2) Before making any payment to the owner of the textile undertaking under sub-section (1), the Commissioner shall satisfy himself as to the right of such person to receive the whole or any part of such amount, and in the event of there being a doubt or dispute as to the right of the persons to receive the whole or any part of the amount referred to in section 7, the Commissioner shall refer the matter to the Court, and make the disbursement in accordance with the decision of the Court. (3) For the removal of doubt, it is hereby declared that the entry in column (3) of the First Schedule shall not be deemed to be conclusive as to the right, title and interest of any person in relation to the textile undertaking specified in the corresponding entry in column (2) of the said Schedule and evidence shall be admissible to establish the right, title and interest of any person in relation to such textile undertaking. (4) Where any machinery, equipment or other property in the textile undertaking has vested in the Corporation, but such machinery, equipment or other property does not belong to the owner of the textile undertaking, the amount specified in column (4) of the First Schedule against the textile undertaking shall, on a reference made to the Court by the Commissioner, be apportioned by the Court between the owner of the textile undertaking and the owner of such machinery, equipment or other property having due regard to the value of such machinery, equipment or other property on the appointed day. Explanation. - In this section, "Court" in relation to the textile undertaking means, the Principal Civil Court of original jurisdiction within the local limits of whose jurisdiction the textile undertaking is situated. ### 21. Un-disbursed or unclaimed amount to be deposited to the general revenue account. - Any money paid to the Commissioner which remains un-disbursed or unclaimed for a period of three years from the last day on which the disbursement was made, shall be transferred by the Commissioner to the general revenue account of the Government, but a claim to any money so transferred may be preferred to the Government by the person entitled to such payment and shall be dealt with as if such transfer has not been made, the order, if any, for payment of the claim being treated as an order for the refund of revenue. Chapter - VI Miscellaneous ### 22. Assumption of liabilities. (1) Where any liability of the owner of the textile undertaking arising out of any item specified in Category I of the Second Schedule is not discharged fully by the Commissioner out of the amount paid under this Act, the Commissioner shall intimate in writing to the Government the extent of the liability which remains undischarged and that liability shall be assumed by the Government. (2) The Government, may, by order, direct the Corporation to take over any liability assumed by the Government under sub-section (1) and on receipt of such direction, it shall be the duty of the Corporation to discharge such liability. ### 23. Act to override all other enactments. - 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 decree or order of any court; tribunal or authority. ### 24. Contracts to cease to have effect unless ratified by Corporation. (1) Every contract entered into by the owner or occupier of the textile undertaking for any service, sale or supply and in force immediately before the appointed day shall, on and from the expiry of one hundred and eighty days from the appointed day cease to have effect unless such contract is, before the expiry of that period, ratified, in writing by the Corporation and in ratifying such contract the Corporation may, with the previous approval of the Government, make such alterations or modifications therein as it may think fit: Provided that the Corporation shall not omit to ratify a contract, and shall not make any alteration or modification in a contract unless it is satisfied that such contract is unduly onerous or has been entered into in bad faith or is detrimental to the interest of the textile undertaking. (2) The Corporation shall not omit to ratify a contract, and shall not make any alteration or modification therein, except after giving to the parties to the contract a reasonable opportunity of being heard and except after recording in writing its reasons for refusal to ratify the contract or for making any alteration or modification therein. ### 25. Penalties. - Any person who, - (a) having in his possession, custody, or control any property forming part of the textile undertaking, wrongfully withholds such property from the Government or the Corporation, or any person authorised by the Government or the Corporation, as the case may be, in this behalf, or (b) wrongfully obtains possession of, or retains, any property forming part of the textile undertaking or willfully withholds or fails to furnish to the Government, the Corporation or any person specified by the Government or the Corporation, as the case may be, any document relating to such textile undertaking, which may be in his possession, custody or control or fails to deliver to the Corporation or any person specified by the Corporation, any assets, books of accounts, registers or other documents in his custody relating to the textile undertaking, or (c) wrongfully removes or destroys any property forming part of the textile undertaking or prefers any claim under this Act which he knows or has reasonable cause 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 ten thousand rupees, or with both. ### 26. Offences by companies. (1) Where an offence under this Act has been committed by a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or he had 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 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 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 any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm. ### 27. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against the Government or any officer of the Government or the Corporation or any officer or other person authorised by the Corporation for anything which is, in good faith done or intended to be done under this Act. ### 28. Company not to be wound up by the court. - No proceeding for the winding up of the company, the right, title and interest in relation to the textile undertaking owned by which have vested in the Corporation under this Act or, for the appointment of a receiver in respect of the business of the textile undertaking shall lie or be proceeded within any court except with the consent of the Government. ### 29. Delegation of powers. (1) The Government may, by notification, direct that all or any of the powers exercisable by it under this Act, other than the power under section 30, may also be exercised by any person or persons as may be specified in the notification. (2) Whenever any delegation of power is made under sub-section (1), the person to whom such power has been delegated shall act under the direction, control and supervision of the Government. ### 30. Power to make rules. (1) The 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: - (a) the time within which and the manner in which an intimation referred to in sub-section (4) of section 4, shall be given; (b) any other matter which is required to be, or may be prescribed. (3) The power to make rules conferred by this section shall be subject to the condition of the rules being made after previous publication. (4) All rules made under this section shall be laid for not less than thirty days before the Legislative Assembly of Puducherry as soon as possible after they are made and be subject to rescission by the Legislative Assembly or to such modification as the Legislative Assembly may make during the session in which they are, so laid or the session immediately following. ### 31. Power to remove difficulties. - If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty: Provided that no such order shall be made after the expiry of a period of two years from the appointed day. ### 32. Declaration as to the policy of the State. - It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in clause (b) of article 39 of the Constitution. Explanation. - In this section, "the state" has the same meaning as in article 12 of the Constitution. ### 33. Repeal and saving. (1) The Anglo-French Textiles Limited (Acquisition and Transfer of Textile Undertaking) Ordinance, 1985, is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act. The First Schedule [See sections 7 and 13] | | | | | | --- | --- | --- | --- | | SI. No. | Name of the Undertaking | Name of the owner | AmountL | | (1) | (2) | (3) | (4) | | 1. | Anglo-French Textiles Limited, Puducherry. | Anglo-French Textiles Limited, Puducherry. | 7,65,00,000 | The Second Schedule [See sections 7(a) , 11(a) (b), 16, 17, 18 and 20] Order-of priorities for the discharge of liabilities in respect of the textile undertaking Category-I (i) All dues including gratuity of persons employed in the textile undertaking; (ii) Arrears relating to contributions towards Provident Fund and contributions under the Employees' State Insurance Act, 1948, payable by the owner; (iii) Arrears of excise duty, sales-tax, dues relating to electricity and dues of a Local Authority. Category-II Secured creditors including banks and institutions. Category-III (i) Sundry Creditors; (ii) Other liabilities.

65ba8725ab84c7eca86ebeda

acts

Union of India - Act ---------------------- Accessories (Condition) Rules, 1963 ------------------------------------- UNION OF INDIA India Accessories (Condition) Rules, 1963 ===================================== Rule ACCESSORIES-CONDITION-RULES-1963 of 1963 ----------------------------------------------- * Published on 23 January 1963 * Commenced on 23 January 1963 Accessories (Condition) Rules, 1963 Published vide M.F. (D.R.) Notification No. 18-Cus., dated 23rd January, 1963 M.F. (D.R.) Notification No. 18-Cus., dated 23rd January, 1963. - In exercise of the powers conferred by Section 156 of the Customs Act, 1962 ( 52 of 1962 ), the Central Government hereby makes the following rules, namely : ### 1. These rules may be called the Accessories (Condition) Rules, 1963. ### 2. Accessories of, and spare parts and maintenance or repairing implements for, any article, when imported along with that article shall be chargeable at the same rate of duty as that article, if the proper officer is satisfied that in the ordinary course of trade- (i) such accessories, parts and implements are compulsorily supplied along with that article; and (ii) no separate charge is made for such supply, their price being included in the price of the article.

65b9fbf0ab84c7eca86ea620

acts

State of West Bengal - Act ---------------------------- The West Bengal Home Guards Act, 1962 --------------------------------------- WEST BENGAL India The West Bengal Home Guards Act, 1962 ======================================= Act 11 of 1962 ---------------- * Published in Gazette 11 on 14 December 1962 * Assented to on 14 December 1962 * Commenced on 14 December 1962 The West Bengal Home Guards Act, 1962 [14th. December, 1962] No. 11 of 1962 An Act to provide for the constitution of Home Guards in West Bengal. WHEREAS it is necessary to provide for the constitution of Home Guards in West Bengal; It is hereby enacted as follows:— ### 1. Short title and extent.— (1) This Act may be called the West Bengal Home Guards Act, 1962. (2) It extends to the whole of West Bengal. ### 2. Definitions.— In this Act, unless there is anything repugnant in the subject or context,— (1) “Calcutta” means the town of Calcutta as defined in section 3 of the Calcutta Police Act, 1866 together with the suburbs of the town of Calcutta as defined by notification under section 1 of the Calcutta Suburban Police Act, 1866; (1A) “Commandant General, Home Guards” means the officer appointed as such under section 2A; (2) “district” means a Zila referred to in the Bengal Districts Act, 1864, but does not, in the case of the district of 24-Parganas, include any area comprised in the suburbs of the town of Calcutta as defined by notification under section 1 of the Calcutta Suburban Police Act, 1866; (3) “Home Guard” means a Home Guard constituted under section 3. ### 2A. Appointment of Commandant General, Home Guards.— The State Government may, by notification in the Official Gazette, appoint an officer to be the Commandant General, Home Guards, on such terms and conditions as the State Government may determine. ### 2B. Commissioner of Police, Calcutta, to be ex officio Additional Commandant General, Home Guards.— The Commissioner of Police, Calcutta, shall be the ex officio Additional Commandant General, Home Guards. ### 2C. Superintendent of Police to be under the control of Commandant General, Home Guards.— The Superintendent of Police in a district shall, for the purposes of this Act , be under the Commandant General, Home Guards. ### 3. Constitution of Home Guards.— The Superintendent of Police in a district, upon such directions as may be given by the Commandant General, Home Guards, or the Commissioner of Police and ex officio Additional Commandant General, Home Guards, in Calcutta, may constitute for the district or for Calcutta, as the case may be, a body of volunteers to be called the Home Guards, the members of which shall discharge such functions in relation to the protection of persons, the security of property or the public safety as may be assigned to them in accordance with the provisions of this Act and the rules made thereunder. ### 4. Appointment of members.— The Superintendent of Police in a district, upon such directions as may be given by the Commandant General, Home Guards, or the Commissioner of Police and ex officio Additional Commandant General, Home Guards, in Calcutta, may enrol as volunteers of the Home Guard so many persons, who are fit and willing to serve as such, as he is authorised by the State Government to appoint and may appoint any such member to any office of command in the Home Guard. ### 5. Functions of members.— The Superintendent of Police in a district subject to the approval of the Commandant General, Home Guards or the Commissioner of Police and ex officio Additional Commandant General, Home Guards, in Calcutta may at any time call out a volunteer of the Home Guard for training or to discharge any of the functions assigned to the Home Guard in accordance with the provisions of this Act and the rules made thereunder. ### 6. Powers, protection and control.— (1) A volunteer of the Home Guard when called out under section 5 shall have the same powers, privileges and protection as an officer of police appointed under any Act for the time being in force. (2) No prosecution shall be instituted against a volunteer of the Home Guard in respect of anything done or purporting to be done by him in the discharge of his functions as such volunteer, except with the previous sanction in a district of the District Magistrate, or in Calcutta of the Commissioner of Police and ex officio Additional Commandant General, Home Guards. ### 7. Control by officers of police force.— The volunteers of the Home Guard when called out under section 5 directly in aid of the police force, shall be under the control of the officers of such force, in such manner and to such extent as may be prescribed by rules made under section 9. ### 8. Penalty.— If any volunteer of a Home Guard, on being called out under section 5, without sufficient excuse neglects or refuses to obey such order or to discharge his functions as such volunteer or to obey any lawful order or direction given to him for the performance of his duties, he shall, on conviction by a competent Court, be punishable with fine which may extend to fifty rupees. ### 8A. Act to have overriding effect.— The provisions of this Act shall have effect notwithstanding anything to the contrary contained in the Police Act, 1861 or the Calcutta Police Act, 1866 or in any other law for the time being in force. ### 9. Rules.— The State Government may make rules consistent with this Act providing for:— (a) the exercise of control by officers of the police force over volunteers of the Home Guard when acting directly in aid of the police force; (b) the organisation, enrolment, training, conditions of service, duties, discipline, arms, accoutrements and clothing of volunteers of the Home Guard and the manner in which they may be called out for service; (c) allowances, if any, payable to the volunteers of the Home Guard and the conditions subject to which such allowances may be paid; (d) conferment on volunteers of the Home Guard of such powers exercisable by a police officer or such other person under any Central or State Act for the time being in force as the State Government may think fit; (e) generally giving effect to the provisions of this Act. ### 10. Repeal and savings.— (1) The West Bengal Home Guards Ordinance, 1962, is hereby repealed. (2) Anything done or any act ion taken under the West Bengal Home Guards Ordinance, 1962, shall be deemed to have been validly done or taken under this Act as if this Act had commenced on the 11th day of November, 1962.

65ba0b2dab84c7eca86ea8de

acts

State of Andhra Pradesh - Act ------------------------------- Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1977 ------------------------------------------------------------- ANDHRA PRADESH India Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1977 ============================================================= Act 7 of 1977 --------------- * Published on 30 April 1997 * Commenced on 30 April 1997 Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1977 (Act No. 7 of 1977 ) Last Updated 13th January, 2020 [30th April, 1997.] An Act to provide relief from indebtedness to agricultural labourers, rural artisans and small farmers in the State of Andhra Pradesh and for matters connected therewith Be it enacted by the Legislature of the State of Andhra Pradesh in the Twenty eighth Year of the Republic of India as follows - Chapter 1 Preliminary -------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the Andhra Pradesh Agricultural Indebtedness (Relief) Act, 1997. ### 2. Declaration. - It is hereby declared that this Act is for giving effect to the policy of the State towards securing the principles specified in Article 46 of the Constitution. ### 3. Definitions. - In this Act, unless the context otherwise requires, - (a) \*\*\* (b) 'agricultural labourer' means a person who does not hold any agricultural land and whose principal means of livelihood is by manual labour on agricultural land, in the capacity of a labourer on hire or on exchange, whether paid in cash or in kind or partly in cash and partly in kind; (c) 'agricultural land' means land used for purposes of agriculture and which is assessed by the Government to land revenue, but not being land appurtenant to a re ntial building situate within a Municipality or Cantonment; (d) 'annual household income' means the aggregate of the annual income from all sources of all the members of a family; (e) 'appellate tribunal' means the Appellate Tribunal constituted under sub section (2) of section 8; (f) 'bank' means a banking company as defined in clause (c) of section 5 of the Banking Regulation Act, 1949, (Central Act, 10 of 1949) and includes the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955), a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959, (Central Act 38 of 1959), a corresponding new bank as specified in the First Schedule to the Banking Companies (Acquisition and Transfer of Undertakings) Act,(Central Act 5 of 1970), the Agricultural Refinance and Development Corporation established under the Agricultural Refinance and Development Corporation Act 1963, (Central Act 10 of 1963), a Regional Rural Bank established under the Regional Rural Banks Act,1976, (Central Act 21 of 1976), any banking institution notified by the Central Government under section 51 of the Banking Regulation Act, 1949, (Central Act 10 of 1949), and any other financial institution which may be notified in this behalf by the State Government; (g) 'co-operative society' means a co operative society including an agricultural development bank registered or deemed to be registered under the Andhra Pradesh Co-operative Societies Act, 1964 (Act 7 of 1964); (h) 'creditor' means a person from or in respect of whom the debtor has borrowed or incurred a debt and includes his heirs, legal representatives and assigns; (j) 'debtor' means an agricultural labourer, a rural artisan or a small farmer, who has borrowed or incurred any debt before the commencement of this Act; (k) 'dry land' means land registered as dry, manawari, asmantari baghat or garden land, or special rate dry land, in the land revenue accounts of the Government or assessed as such; and includes any other agricultural land excluding wet land; (l) 'family' in relation to a person, means the individual, the wife or husband, as the case may be, of such individual and their unmarried minor children; Explanation. - For the purpose of this clause minor means a person who has not completed his or her age of eighteen years: (m) 'Government' means the State Government; (n) 'interest' means any amount or other thing paid or payable in excess of the principal sum borrowed or pecuniary obligation incurred, or where anything has been borrowed in kind in excess of what has been so borrowed, by whatsoever name such amount or thing may be called, and whether the same is paid or payable entirely in cash or entirely in kind or partly in cash and partly in kind and whether the same is expressly mentioned or not in the document or contract, if any; (o) 'notification' means a notification published in the Andhra Pradesh Gazette: and the word notified shall be construed accordingly: (p) 'person' means an individual or a family: (q) 'prescribed' means prescribed by rules made by the Government under this Act: (r) 'rural artisan' means a person who does not hold any agricultural land and whose principal means of livelihood is production or repair of traditional tools, implements and other articles or things used for agriculture or purposes ancillary thereto, and includes a \* [fisherman and any] person who normally earns his livelihood by practising a craft either by his own labour or by the labour of all or any of the members of his family in rural area: (s) 'scheduled tribes' shall have the meaning assigned to it in clause (25) of Article 366 of the Constitution (t) \*\*\* (u) 'Tahsildar' includes a Deputy Tahsildar in independent charge of a taluk or sub taluk and any other officer of the Revenue Department not below the rank of a Deputy Tahsildar empowered by the Government to exercise the powers and perform the functions of Tahsildar under this Act; (v) 'transferee of the creditor' includes any subsequent transferee or an assignee or any person in possession of the property pledged or mortgaged; (w) 'Tribunal' means a tribunal constituted under sub section (1) of section 8; (x) 'wet land' means land registered as wet, single crop wet, double crop wet, compounded double crop wet or special rate wet land, in the land revenue accounts of the Government or assessed as such Chapter 2 Relief from indebtedness --------------------------------------- ### 4. Discharge of debts and relief to debtors. (1) Notwithstanding anything in the Andhra Pradesh (Andhra Area) Agriculturists Relief Act, 1938 the Andhra Pradesh (Telangana Area) Money Lenders Act, 1349F, the Andhra Pradesh (Andhra Pradesh (Andhra Area) Pawn Brokers Act, 1943, the Andhra Pradesh (Telangana Area) Agricultural Debtor Relief Act, 1956, the Andhra Pradesh (Scheduled Area) Money Lenders Regulation, 1960, the Andhra Pradesh Indebted Agriculturists, Landless Labourers and Artisans (Temporary Relief) Act,1996 or any other law for the time being in force or any contract or other instrument having the force of law and save as otherwise provided in this Act with effect on and from the commencement of this Act, every debt, including interest, if any, owing to any creditor by an agricultural labourer, a rural artisan or a small farmer shall be deemed to be wholly discharged ### 5. Creditors to file statement in cases of property pledged. (1) Every creditor referred to in clause (a) of sub section (3) of section 4 shall, within such period as may be prescribed, furnish to the Tribunal having jurisdiction over the area where such creditor has his ordinary place of business, a statement in such form as may be prescribed containing the names of all persons who have pledged movable property with him, the nature and description of such property, the amount advanced and due as on the commencement of this Act, the rate of interest and such other particulars as may be prescribed. (2) A debtor referred to in clause (a) of sub section (3) of section 4 may also make an application to the Tribunal having jurisdiction over the area where his creditor has his ordinary place of business for an order for the delivery of the movable property pledged by the debtor. (3) \*\*\* (4) Where the movable property pledged by the debtor is in the possession of any transferee of the creditor, the creditor shall redeem the said property from such transferee and produce it on or before the date specified in the order referred to in sub section (3) (5) \*\*\* (6) After such production or recovery or deposit of the movable property pledged, the Tribunal shall deliver the said property to the debtor (7) Pending determination of the question under sub section (3) no creditor or the transferee of the creditor shall sell or pledge or other wise dispose of any movable property pledged by the debtor (8) \*\*\* (9) The provisions of sections 100 and 165 of the Code of Criminal Procedure, 3, relating to search and seizure shall, so far as may be, apply to searches and seizures under sub sections (5) and (8). ### 6. Debtors to apply in certain cases. (1) A debtor referred to in clause (b) of sub section (3) of section 4 may make an application to the Tribunal having jurisdiction over the area within which such debtor ordinarily re s, for an order releasing the mortgaged property and for the grant of a certificate of redemption (2) \*\*\* (3) Pending orders under sub section (2), no creditor or the transferee of the creditor shall transfer or otherwise assign his interest in, or exercise his right of foreclosure in respect of the property mortgaged by the debtor (4) Where the mortgaged property has been transferred or any right therein has been assigned to any bank by the creditor, the Tribunal shall recover from the creditor such amount as is due to such bank in respect of the said mortgaged property, as if it were in arrear of land revenue, and shall pay the same to the bank. ### 7. Appeals. - Any person aggrieved by any order or decision made by the Tribunal under section 5 or section 6 may within sixty days from the date of communication of the order or decision to him appeal to the Appellate tribunal subject to payment of such fees as may be prescribed. Chapter 3 Miscellaneous ---------------------------- ### 8. Constitution of Tribunals and Appellate Tribunals. - \*\*\*\* ### 9. Powers of Tribunals and Appellate Tribunals. (1) The Tribunal and the Appellate Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 for summoning and enforcing the attendance of any person and examining him on oath and for requiring production of any document. (2) In any proceedings under this Act any party may be represented by an agent authorised in writing, except by a legal practitioner as defined in section 2 of the Advocates Act, 1961. (3) The procedure to be followed by the Tribunal or the Appellate Tribunal in any proceedings before it, shall, subject to the provisions of this Act, be in accordance with such rules as may be prescribed. ### 10. Execution of order or decision of Tribunals and Appellate Tribunals. - The order or decision of the Tribunal or the Appellate Tribunal made under this Act shall be executed by the Civil Court having jurisdiction as if were a decree or order of that Court. ### 11. Penalty. (1) Any person failing to furnish the statement under section 5 or to comply with the order made or direction given under that section or section 6 or otherwise contravening the provisions of either of the said sections shall be punished with imprisonment for a term which shall not be less than three months but which may extend to one year and with fine which shall not be less than one thousand rupees but which may extend to five thousand rupees. (2) Every offence punishable under sub section (1) shall be cognizable (3) Every offence punishable under sub sec (1) shall be tried in a summary way and the provisions of sections 262 to 265 (both inclusive) of the Code of Criminal Procedure, 3, shall, as far as may be, apply to such trial. ### 12. Offences by companies. - \*\*\*\*\* ### 13. Burden of proof. - In any suit or proceeding, the burden of proving that the debtor is not entitled to the protection of this Act shall, notwithstanding anything in any law for the time being in force, lie on the creditor. ### 14. Bar of jurisdiction of Civil Courts. (1) No Civil Court shall have jurisdiction in respect of any matter which the Tribunal or the Appellate Tribunal is empowered by or under this Act to determine. (2) No order passed or proceeding taken by an officer or authority under this Act shall be called in question in any court of Law. ### 15. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against any officer or authority for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder Section. ### 16. 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 each House of the State Legislature if it is in session and if it is not in session in the session immediately following, for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or in the annulment of 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. ### 17. Effect of other laws. - Save as otherwise provided in this Act, the provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force. ### 18. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by general or special order, published in the Andhra Pradesh Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to them to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made after the expiration of two years from the commencement of this Act. (2) Every order passed under sub section (1) shall be laid before each House of the State Legislature. ### 19. Repeal of Ordinance 25 of 1996. - The Andhra Pradesh Agricultural indebtedness (Relief) Ordinance, 1996 is hereby repealed.

65b9c059ab84c7eca86e9dcf

acts

State of Rajasthan - Act -------------------------- Composition Scheme for Brick Kilns, 2006 ------------------------------------------ RAJASTHAN India Composition Scheme for Brick Kilns, 2006 ========================================== Rule COMPOSITION-SCHEME-FOR-BRICK-KILNS-2006 of 2006 ------------------------------------------------------ * Published on 6 May 2006 * Commenced on 6 May 2006 Composition Scheme for Brick Kilns, 2006 Published vide Notification No. F. 12(63) FD/Tax/2005-38, dated 6-5-2006, Published in Rajasthan Gazette, Extraordinary, Part 4(C)(2), dated 8-5-2006, page 63(9) S.O. 86. - In exercise of the powers conferred by section 5 of the Rajasthan Value Added Tax Act, 2003 (Act No. 4 of 2003), the State Government being of opinion that it is expedient in the public interest so to do, hereby notifies the "Composition Scheme for Brick Kilns, 2006" (hereinafter referred to as 'the scheme'), and permits such dealers to opt for composition amount in lieu of their tax liability in respect of their sales of bricks manufactured by them, within the State of payment of composition amount as determined under the Scheme. ### 1. ### 0. Date of Commencement. - This scheme shall be deemed to have come into force with effect from April 1, 2006. 2.0 Applicability. - The scheme shall be applicable to the registered dealers who are manufacturing bricks in the State: Provided that registered dealers against whom cases of avoidance or evasion of tax are pending, shall not be eligible for composition of tax under this scheme. 3.0 Composition Amount. - 3.1 The composition amount to be paid per annum per dealer in lieu of tax shall be for the composition period of two years and shall be determined for the first year as follows:- (a) In cases where the capacity of the brick kiln is less than eight bricks per round, the composition amount for the first year shall be Rs. 90,000/- per annum per Kiln. (b) In cases where the capacity of the brick kiln is eight lac or more but less than eleven Lac bricks per round, the composition amount for the first year shall be Rs. 1,44,000/- per annum per kiln. (c) In cases where the capacity of the brick kiln is eleven lac bricks or above per round, the composition amount for the first year shall be Rs. 1,44,000/- per annum per kiln for the first eleven lac and thereafter for every increased capacity per round of bricks for every one lac or part thereof, the composition amount at the rate of Rs. 1,300/- shall be added to arrive at the annual composition amount for such kiln. 3.2 Notwithstanding anything contained in clause 3.1, for dealers availing benefit under the old composition scheme dated 03-04-2000, the composition amount for the year 2006-07 shall not be less than 120% of the composition amount payable by him in the year 2005-06 under the said old scheme. 3.3 If the dealer has deposited the composition amount for the financial year 2006-07 under the old composition scheme dated 03-04-2000, the amount so paid shall be adjusted against the composition amount payable under the scheme. 3.4 The composition amount for the subsequent years shall be equivalent to 110% of the composition amount for immediately preceding year. 3.5 If there is an increase in the capacity of the kiln(s) the composition amount shall be increased proportionately and the dealer shall be liable to pay increased composition amount in the manner provided in the scheme. 3.6 The composition amount determined under clauses 3.1, 3.2 & 3.4, shall be proportionately revised when the rate of tax on brick kilns is revised under section 4 of the Rajasthan Value Added Tax Act. 2003. 4.0 Manner of payment of composition amount. - 4.1 The composition amount shall be payable in four equal quarterly installments and such amount of installment shall be deposited in the Government Treasury through challan in Form ST 10, up to the 14th day of start of each quarter. Thus, the composition amount of first quarter i.e. April to June shall be deposited by April 14th, and for subsequent 2nd, 3rd and 4th quarters by 14th July, 14th October and 14th January, respectively. 4.2 For the composition period of the year 2006-2007, the installments of the composition amount already fallen due shall be deposited within 30 days of the publication of this notification in the Official Gazette and the tax, if any collected/charged prior to the issuance of the scheme shall be deposited immediately and if the amount of tax so deposited is less than or equal to the amount of installments due till date, such deposited tax shall be adjusted against due installments. However, if such tax is in excess of the amount of installments due, it shall stand forfeited in favour of the State Government and the remaining installments shall have to be paid by the dealer in accordance with the scheme. 4.3 In case of advance lump sum payment of the annual composition amount by 14th day of April of the relevant year, a rebate of 6% shall be admissible on the amount of composition amount. 5.0 Composition Certificate. - 5.1 The dealers opting for the scheme shall submit an application an a plain paper to his assessing authority mentioning therein basic facts such as the name, registration number (TIN) , capacity of the brick kiln and the number of such kilns, within sixty days of the publication of this notification or within thirty days of date of issuance of registration certificate whichever is later. 5.2 Where a dealer has failed to opt for the scheme within the stipulated period, he shall be allowed to avail the benefits of the Scheme on fulfillment of the following conditions, namely:- (i) he shall deposit the whole of the amount which has become due under the Scheme along with the interest thereon at the rate notified under the Act. (ii) he shall also deposit a late fee, amounting to twenty five percent of the due composition amount required to be deposited under the Scheme where he exercises this option by December 31st and this late fee shall be fifty percent of due amount if he exercises this option after December 31 but before March 31, of the relevant financial year, and (iii) he shall deposit the tax charged or collected, if any, to the State Government before making application for availment of the scheme under this clause. 5.3 Where a dealer has failed to deposit the composition amount in the period specified under the Scheme, he shall be allowed to continue to avail the benefits of the Scheme on fulfillment of the following conditions, namely:- (i) he shall deposit the whole of the amount which has become due under the Scheme alongwith the interest there on at the rate notified under the Act, and (ii) he shall also deposit a late fee, amounting to twenty five percent of the due composition amount required to be deposited under the Scheme where he deposits the due installments by December 31st, and this late fee shall be fifty percent of due amount if he deposits the due installments after December 31 but before March 31, of the relevant financial year. 5.4 On receipt of the application for exercising the option, the assessing authority shall determine the composition amount payable in respect of each kiln after making necessary enquiries, if needed, and after giving an opportunity of being heard to the dealer, he shall, thereafter, issue the composition certificate in Form CS-2006. 5.5 The composition certificate shall be valid initially for a period of two years commencing from the first day of April of the first year of the composition period. 5.6 The composition certificate may be renewed for a further period of two years at a time of making an application to the assessing authority by the dealer on plain paper before 30 days of the expiry of the composition period. The composition certificate shall be enclosed with application. On receipt of the application the assessing authority shall determined the composition amount in accordance with clause 3.0 and renew the composition certificate. 5.7 If there is an increase in the capacity of the kiln(s) the dealer shall immediately inform in writing to his assessing authority about such increase, together with the composition certificate issued under this scheme and the assessing authority on receipt of the application shall amend the composition certificate accordingly. 6.0 Assessment. - The composition certificate showing the amount payable under the scheme shall be deemed to be the assessment order-cum-demand notice for a registered dealer. In case of default, it shall be recoverable as per the provisions of the said Act. 7.0 Conditions. - 7.1 Save as provided in the scheme, the dealer opting for composition of tax under this scheme shall be subject to all the provisions of the Rajasthan Value Added Tax Act, 2003 and rules made thereunder. 7.2 In cases where a dealer availing of the benefit of the Scheme opts out of it, and at any time thereafter opts for the scheme again, the composition amount payable shall not be less than what was payable in the last year as per the composition certificate. 7.3 The dealer shall not charge or collect any tax from a purchaser on the sale of goods during the composition period. However, tax charged or collected by the dealer shall have to be deposited forthwith and the tax already deposited shall not be refunded. 7.4 The dealer shall not be entitled to claim any input tax credit or refund in respect of purchases made by him. 7.5 If any dealer voluntarily withdraws from the scheme during the year, he shall be require to deposit the whole of the composition amount, if not already paid for the year, forthwith. Special surveys including stock verification of such dealers shall be conducted at regular periodic intervals. 7.6 Where during the composition period, the dealer violates any of the conditions of the scheme or aids or abets the evasion of tax, the assessing authority, after affording reasonable opportunity of being heard, may cancel the composition certificate. This will be without prejudice to the action, panel or otherwise, for which such dealer shall be liable under the provisions of the Rajasthan Value Added Tax Act, 2003 and rules made thereunder. 7.7 The composition amount and any other levy under the scheme shall be recoverable as arrears of land revenue under the Rajasthan Value Added Tax Act, 2003. 7.8 The State Government may review the scheme and on being satisfied that it is not in the public interest to continue the scheme, it may revoke the scheme forthwith or from such date as it may notify. Form CS-2006 Composition Certificate [Under Composition Scheme for registered dealers of Bricks Kilns-2006] | | | | --- | --- | | Book No. | Circle | | Serial No. | Ward | Under the "Composition Scheme for Brick Kiln Dealers-2006", I hereby permit M/s .......... (address) R.C. No......... to deposit composition amount in lieu of tax for the years (i) & (ii) on the sale of all bricks manufactured in the Kiln owned by him, in accordance with the provision of the said scheme as follows:- | | | | --- | --- | | Composition amount computed as per the Scheme for the year(s) | Composition amount (Rs. in lacs) | | 2006-2007 | | | 2007-2008 | | The quarterly installments are to be paid in advance as per clause (4) of the Scheme. This certificate shall be initially valid for two years subject to further renewal or cancellation or the scheme is revoked. | | | | --- | --- | | Place: | Signature | | Date: | Designation |

65b9b4e1ab84c7eca86e9aae

acts

State of Rajasthan - Act -------------------------- Rajasthan Electricity Regulatory Commission (tariff for Captive Power Plants) Regulations, 2007 ------------------------------------------------------------------------------------------------- RAJASTHAN India Rajasthan Electricity Regulatory Commission (tariff for Captive Power Plants) Regulations, 2007 ================================================================================================= Rule RAJASTHAN-ELECTRICITY-REGULATORY-COMMISSION-TARIFF-FOR-CAPTIVE-POWER-PLANTS-REGULATIONS-2007 of 2007 ----------------------------------------------------------------------------------------------------------- * Published on 17 February 2007 * Commenced on 17 February 2007 Rajasthan Electricity Regulatory Commission (tariff for Captive Power Plants) Regulations, 2007 Published vide Notification No. RERC/Secy/Reg - 62, dated 17.2.2007 Last Updated 20th May, 2019 No. RERC/Secy/Reg - 62. - In exercise of the powers conferred on it by section 61 read with section 181 of the Electricity Act 2003 (No. 36 of 2003),the Rajasthan Electricity Regulatory Commission, after previous publication, makes the following Regulations, namely:- ### 1. Short title and commencement. (1) These Regulations may be called 'The Rajasthan Electricity Regulatory Commission (tariff for Captive Power Plants) Regulations, 2007', in short RERC (CPP) Regulations'. These Regulations shall come into force from the date of their publication in the official gazette. (2) These Regulations will be applicable on captive Power plants excluding power plants based on Renewable Energy Sources. ### 2. Definitions. (1) "Act" means the Electricity Act, 2003. (2) "Captive Power Plant" or "CPP" or "Captive Generating Plant" means a power plant set up by any person to generate electricity primarily for his own use and includes a power plant set up by a co-operative society or association of persons for generating electricity primarily for the use of members of such a co-operative society or association having the eligibility specified as hereinafter. (3) "Firm power supply" (FP) means a contracted capacity to be supplied for the contracted time of the day basis or on whole day basis (round the clock), which a CPP on the basis of its declared availability is obliged to deliver to the Licensee on 'take or pay basis' within variation range of +/- 20% of the contracted capacity, for a period of not less than one year, however the load factor of power supply for the settlement period, determined on contracted capacity, shall not be less than 70%. For the purpose of this:- | | | --- | | Load Factor % =| energy supplied during the month in kWh x 100(Capacity contracted during the month in kW)X(agreed hours of supplyduring the day) X (No. of Days in the Month) | (4) "Non firm power supply" (NFP) means the contracted capacity to be supplied, on whole day basis or specified time of day basis, by the CPP to the licensee for the specified duration of contract period not less than a week (i.e. 7 days) within a permissible variation of ± 50% of contracted capacity but does not fulfil the requirement of firm power supply and which can be stopped by licensee/CPP at short notice. (5) "Inadvertent power supply" means unrestricted flow of power from CPP on account of inevitable mis-match between generation and load, and which can not be stopped by licensee/CPP. Inadvertent supply will however, be unscheduled, non contractual and uninterruptible. (6) "Existing Captive Power Plants" means CPPs in operation prior to date of notification of these Regulations including CPPs whose PPAs have been signed and approved (or pending before the Commission by that date). (7) "Peak hours" means 18:00 hours to 22:00 hours of the day or such other hours of the day as may be notified by the licensee in its area of supply. (8) "Off-Peak" hours means 22:00hours to 6:00 hours of the day or such other hours of the day as may be notified by the licensee in its area of supply. (9) "Normal hours" means hours other than Off Peak hours & Peak hours. (10) "Despatch Schedule" means the ex-power plant net MW output of a CPP, scheduled to be exported to the grid from time to time. (11) "Stand by Supply" means supply required by the industrial unit of CPP, contracted with the distribution licensee to cater the demand during the period of outage of the CPP. (12) "Start up Supply" means essential load of the CPP required during outage as well as for start up load of the CPP as contracted with the distribution licensee. Start-up supply thus includes stand by supply for CPP. (13) "Month" means a calendar month commencing from 00:00 hours of the first day of the month and ending on 24:00 hours of the last day of the month. The words or expression in these Regulations, which are not defined herein, shall have the same meaning as defined in the rules, regulations & Act in the order specified hereunder. (a) Ministry Of Power Rules ref. GSR 379(E) notified on June 8, 2005. (b) RERC (Terms & Conditions for determination of tariff) Regulation 2004 [RERC (T&C for tariff) Regulation]. (c) The Electricity Act 2003 (the Act). ### 3. Eligibility for CPP. - A Captive Generating Plant established under section 9 of the Act shall qualify as a CPP for the purpose of these Regulations if, (1) in case of a power plant:- (a) not less than twenty six percent of the ownership is held by the captive user(s), and (b) not less than fifty one percent of the aggregate electricity generated in such plant, determined on an annual basis, is consumed for the captive use: Provided that in case of power plant set up by registered cooperative society, the conditions mentioned under paragraphs at (a) and (b) above shall be satisfied collectively by the members of the co-operative society: Provided further that in case of power plant setup by association of persons, the captive user(s) shall hold not less than twenty six percent of the ownership of the plant in aggregate and such captive user(s) shall consume not less than fifty one percent of the electricity generated, determined on an annual basis, in proportion to their shares in ownership of the power plant. (2) in case of a generating station owned by a company, formed as special purpose vehicle for such generating station herein a unit or units of such generating station identified for captive use, and not the entire generating station, shall satisfy the conditions contained in paragraphs (a) and (b) of sub-clause (1) above, provided that - (a) The electricity required to be consumed by captive users shall be determined with reference to such generating unit or units in aggregate identified for captive use and not with reference to generating station as a whole; and (b) The equity shares to be held by the captive user(s) in the generating station shall not be less than twenty six per cent of the proportionate of the equity of the company related to the generating unit or units identified as the captive generating plant. Illustration. - if a generating station with two units of 50 MW each namely Units A and B, one unit of 50 MW, namely Unit A, may be identified as the Captive Generating Plant. The captive users shall hold not less than thirteen percent of the equity shares in the company (being the twenty six percent proportionate to Unit A of 50 MW) and not less than fifty one percent of the electricity generated in Unit A determined on an annual basis is to be consumed by the captive users. (c) It shall be the obligation of the captive users to ensure that the consumption by the Captive Users at the percentages mentioned in subclauses (1) above is maintained and in case the minimum percentage of captive use is not complied within any year, the entire electricity generated shall be treated as if it is a supply of electricity by a generating company. ### 4. Options for Sale of Power by CPP. (1) The Captive Power Plant, after meeting requirement of captive use by its industrial unit, shall have option for sale of electricity available after fulfilling eligibility criteria of CPP; (a) to Distribution licensee within the state under different mode of commercial arrangements (b) balance, after meeting requirement at serial number (a); to third party, or to other than the distribution licensee within the State, through open access which shall be governed by RERC (Terms & Condition for Open Access) Regulations, 2004 (Open Access Regulations). (2) The CPP, shall convey its willingness to sale power to distribution licensee by giving at least 10 day's notice to choose either of the two options, viz., (a) Firm power, (FP) (b) Non firm power, (NFP) Provided that: (i) The firm power will automatically get converted into Non firm power, if its conditionalities are not met but non firm power, whether contracted or not, will not be convertible to firm power unless there is agreement to sell firm power and corrective steps are taken and firm power conditionalities are restored for 24 Hrs, with advance notice. (ii) Supply of power, whether against FP or NFP contract, with a variation beyond +50% shall be treated like inadvertent supply but shall be interruptible/ stoppable. ### 5. Tariff for sale by CPP to licensee under "Firm Power" supply. (1) A CPP, irrespective of any saleable capacity, having installed capacity of 60 MW and above, will have option to either get the tariff determined for firm supply on case to case basis as a generating company by filing petition or may opt for normative fixed charges (levelised) and normative variable charges as determined by the Commission under these regulation. Fixed charges shall be the levelised fixed charges on per kWh basis and variable charges per kWh for supply during different time of the day shall be admissible as under:- (a) during off peak hours: full variable charges and no fixed charges, (b) during normal supply hours: full variable charges plus 90% of fixed charges and (c) during peak hours for supply: full variable charges plus 90% of fixed charges and incentive @ 50 paisa per KWh. (2) Alternatively the tariff, determined through transparent competitive bidding, may be as adopted by the Commission under section 63 of the Act. In case the tariff is determined by such bidding process, the provisions of CPP Regulation for determination of tariff will not apply. (3) The Commission shall determine Tariff for procurement of power by licensee from CPP under firm power supply arrangement subject to following conditions: (a) The contract period shall be one year or more. (b) The variation in contracted capacity to be declared as day ahead schedule shall not exceed ± 20% of contracted capacity. The load factor of power supply for the settlement period determined on contracted capacity shall not be less than 70%. (c) The variable charge component shall be determined in accordance with sub-regulation (4) below. (d) Fixed charge component shall be payable for the average of Ex-works power delivered during each time block and shall be determined in accordance with sub-regulation (1) above read with sub-regulation (5) below. (4) Variable charge component shall cover fuel costs and shall be worked out on the basis of ex-bus energy delivered from the generating station as per following formula: (a) Variable Charge (VC) in Rs/ kWh,shall be the sum of the cost of normative quantities of primary and secondary fuel for delivering ex-bus one kWh of electricity in Rs/kWh and shall be computed as under: | | | --- | | VC =| 100 x {Pp x (Qp) n + Ps x (Qs)n }(100-(AUXn) ) | Where, Pp = Price of primary fuel namely coal or lignite, as the case may be, in Rs/kg. (Qp) n = Normative Quantity of primary fuel required for generation of one kWh of electricity at generator terminals in kg and shall be computed on the basis of normative gross Station Heat Rate (less heat contributed by secondary fuel oil for coal/lignite based generating stations) and gross calorific value of coal/lignite as fired. Ps = Price of Secondary fuel oil in Rs./ml, (Qs) n =Normative Quantity of Secondary fuel oil in ml/kWh, and AUXn= Normative Auxiliary Energy Consumption as % of gross generation. Provided that Pp & Ps, for the year shall be based on audited figures of previous year & shall be subjected to prudence check by the Commission. Parameters Units Unit Size of CPP (MW) (b) Station-wise energy charges will be worked out for the purpose of billing based on weighted average rate of actual units generated (c) Adjustment to variable charge on account of variation in price of fuels shall be carried out on quarterly basis based on actual cost of fuel and calorific value of fuel, during immediate preceding quarter. Provided that for any variation in REC exceeding 10% of that approved by the Commission during fiscal year, shall be subject to approval of the Commission for which necessary calculations with supporting documents shall be provided in support of the claim. (d) Normative performance parameters for the determination of variable charge component under these Regulations shall be as under: | | | | | --- | --- | --- | | Parameters | Units | Unit Size of CPP (MW) | | <30 MW | 30 but <60 MW | 60 but <110 MW | 110 MW & above | | Station Heat rate | Kcal/k Wh | 3200 | 3000 | 2700 | As per RERC (Terms & Conditions for determination of Tariff) Regulations, 2004 | | Specific Oil Consumption | ml/kWH | 3.00 | 2.50 | 2.00 | | Auxiliary Consumption factor | % | 11.00% | 10.75% | 10.50% | Note. - In case of CPP having number of units of different rating, their average rating will be considered. (5) (a) As per RERC (Terms & Conditions for determination of tariff) Regulations 2004 as modified, fixed charge component shall comprise of various annual fixed costs converted to rate per kWh of energy corresponding to delivery/ sale of energy at 80% PLF and levelised for the life of the plant in determining the annual fixed cost. (i) The pre-tax return on equity shall be computed at the rate of 14% of equity component. (ii) Income Tax and minimum alternate tax (MAT) during normal hours for determination of the fixed cost and interest charge on outstanding loan based on next five years average shall be allowed. (iii) Advance against depreciation (AAD) shall not be allowed. (b) Annual Fixed Charge (AFC) will comprise of total annual expenses of CPP computed on the basis of expenses and return allowed in terms of Part II read with Regulations 40, 42 & 43 of the RERC (Terms and Conditions for determination of Tariff) Regulations, 2004 to the extent modified in these Regulations. Provided that for determination of tariff, on case to case basis, for CPPs with installed capacity of 60 MW and above, capital cost shall be considered as capital cost actually incurred or Rs 4 Crore per MW of installed capacity, whichever is lower. Provided further that for the determination of normative tariff for CPPs having installed capacity less than 60 MW, capital cost shall be considered as Rs 4 Crore per MW of installed capacity. (c) Payment of Fixed Charges shall be made on monthly basis and based on delivered energy. (d) Normative parameters vide sub-regulation(a) &(b) above shall be subject to review at the end of tariff period. ### 6. Tariff for sale by CPP to licensee under Non Firm Power (NFP) supply. - The tariff for sale of NFP supply by it for specific time of the day will be 90% of tariff specified for "Firm Power" supply for corresponding time of the day i.e normal hours, peak hours and off peak hours. ### 7. Tariff for sale by CPP to licensee for inadvertent power arrangement. (1) The inadvertent power injection by CPP beyond 1% of the installed capacity of CPP or injection in violation of SLDC's intimations for deemed inadvertent power vide regulation 4(2)(ii), shall neither be paid nor banked. (2) The UI rate, as applicable at 50.0 Hz, shall be applicable for net inadvertent power injection at the end of six months settlement period. ### 8. Banking. - The banking of electricity supplied by CPP shall be effected on the following basis:- (i) Net injection (i.e. export less import) during each time zone will be banked and will be available @ 80% during next monthly billing period and will be permitted for drawl as per CPPs drawl schedule, as under:- (a) During respective time zone of injection, and (b) During other than respective time zone as under:- (i) Energy Banked during peak load hours shall be permitted for drawl during normal & off peak load hours time zones. (ii) Energy Banked during other than peak hours shall be permitted for drawl during off peak hour's time zone. (ii) Banked energy shall be adjusted against the drawl only to the extent net drawl is not below minimum billing. (iii) Banked energy at the end of six months will be settled at the interstate ABT rate at 50 Hz. (iv) Energy accounting period may be a month or a shorter period (e.g a week to 15 days), for non firm power as mutually agreed. In latter case, instead of 80% at Sr.No.(i), 90% of net energy banked will be available during next accounting period. (v) Drawl, including energy banked, shall not exceed contract demand. ### 9. Other charges. (1) Grid connectivity charges. - (a) The connectivity of CPP to Grid or State transmission system shall be governed by the connection conditions stipulated under State Grid Code and Connectivity Regulations of Central Electricity Authority, as & when notified in accordance with sub-section (b) of Section 73 of the Electricity Act 2003. (b) The Commission shall specify from time to time the 'Grid connectivity charges' to be applicable for parallel operation of the CPP with the grid separately. (2) Charges for Reactive Energy Exchanges. - (a) The CPP shall strive to maintain the power factor close to unity. (b) Reactive power tariff for injection / drawl of reactive power below 97% of rated voltage and that above 103% of rated voltage shall be applicable to CPP, as per para 22(B)(10) of the Commission's order dated 31.3.06 on transmission tariff and provisions referred to therein (including regulation 21 of Open Access Regulations). (c) Till meters as per sub-regulation (b) are installed, reactive energy charges shall be levied on net reactive energy drawl/ injection by the CPP. (d) Above mechanism of terms of reactive energy charges shall be applicable as interim arrangement till the RVPN undertake reactive energy planning studies and ascertain reactive power compensation requirement of the Grid as per State Grid Code. (3) State Load Despatch Centre fee and charges. - SLDC fee and charges including scheduling and operating charges shall be payable as specified in the Rajasthan Electricity Regulatory Commission (Levy of fee and charges by SLDC) Regulations, 2004. (4) Charges for Standby and start-up supply (Optional for CPP). - (a) Stand by supply and start up supply shall be effected at the request of CPP or as per agreement with CPP by the distribution licensee. These will be available only during outages for annual planned maintenance, other maintenance and forced outage. Annual planned maintenance schedule will be given by 15th November, to be finalized by SLDC/NRLDC. Other planned maintenance shall be effected with 2 days advance notice, except in unforeseen circumstances such intimation may be sent within 30 minutes of unit outage. (b) Standby and start up supply during a month shall be billed at temporary supply tariff on daily basis as per tariff for supply of electricity notified by the distribution licensee with the approval of the Commission as applicable to HT large industrial supply service. Contracted standby start up supplies shall be subject to minimum annual drawl for 42 days in a financial year. (c) In case CPP does not contract for standby or start-up supply, it can apply for temporary supply as and when break down occurs as per prevailing terms & conditions of supply of the distribution licensee. ### 10. Minimum billing. (1) Provisions of minimum billing, if applicable, on consumers with embedded CPP (i.e CPP and its industrial unit located in same premises) shall be reduced by the energy charges to the extent of net energy supply effected under FP & NFP contract. (2) CPP will be allowed to reduce the contract demand of its industrial unit with the licensee/Discom at one month notice normally not more than once in a year. ### 11. Applicability of ABT. - As compensation to CPP is linked to 'actual energy delivered' by CPP and not linked to 'energy schedules' furnished by CPP, the provisions of Intra state ABT Regulations as notified in the RERC (Intra state ABT) Regulations 2006 shall not be applicable to CPP. However, in case CPP is required to sell any or part of its capacity outside the State of Rajasthan then provisions of RERC (Intra-State ABT) Regulations 2006 shall be applicable to such CPP to the extent feasible. ### 12. Scheduling. - CPPs with installed capacity of 25 MW and above, and effecting supply under FP or NFP supply agreement shall be subject to 'Scheduling and Despatch Code' as stipulated under State Grid Code and relevant Regulations. The methodology of scheduling and availability shall be as provided in the State Grid Code Regulations. However, it is clarified that the CPPs shall furnish schedules to SLDC for monitoring, co-ordination and control purposes alone; the payment to CPPs shall be based on actual energy delivered by CPP and not linked to schedules furnished by CPP. ### 13. Metering and Accounting. (1) Metering arrangements, including installation, testing and operation and maintenance of meters shall be as per the Central Electricity Authority (CEA) (Installation and Operation of Meters) Regulations, 2006. (2) In case, CPP and its industrial unit are located within the same premises (i.e embedded CPP) then there should be adequate arrangement of separate metering system for CPP and its industrial unit, if industrial unit is also a consumer of the licensee and there is sale of power by the CPP through the grid. (3) Collection, transmission and processing of data required for accounting of energy exchanges on the basis of normal hour, peak hour and off-peak hour supply shall be organised by the State Transmission Utility/ State Load Despatch Centre. ### 14. Commercial Arrangement. - (1) Agreement for FP. - A Power Purchase Agreement for FP will be signed between the licensee and the CPP for supply of firm power which will clearly indicate the capacity in MW contracted for supply and the agreed time zone during which supply shall be effected. It shall provide payment security mechanism as mutually agreed between licensee and CPP. (2) Agreement for NFP. - Supply of Non firm power shall be either through PPA or contract established by exchange of letters, which will clearly indicate the capacity in MW contracted for supply and the agreed time zone during which supply shall be effected and shall provide payment security mechanism as mutually agreed between licensee and CPP. (3) Billing and Payment. - (a) The bills for supply of FP shall be raised by CPP on monthly basis for the power supplied during the month to the Distribution Licensee, in whose area the CPP is located. (b) The bills for NFP shall be raised by CPP on monthly or fortnightly or weekly basis as mutually agreed depending upon the contract duration to the Distribution Licensee, in whose area the CPP is located. (c) The bills for supply of IP shall be raised by CPP on six monthly period basis (April to September & October to March) for the net power supplied during the six months period to the Distribution Licensee, in whose area the CPP is located. (d) The Distribution licensee shall raise the bill of power supply made to CPP and the CPP shall raise the bill for power supplied by it at the end of each month. In case the distribution licensee needs to make payment to the CPP, the same will be done after adjusting for amount payable by CPP for the bills in respect of the energy consumed by the CPP and/ or other charges due to the distribution licensee. The monthly billing shall be subject to interest charges for delay in payment as specified at regulation 34 of RERC (T&C for determination of tariff) Regulation, 2004. ### 15. Power to remove difficulties. - If any difficulty arises in giving effect to any of the provisions of these Regulations, the Commission may by general or special order, direct the State Transmission Utility, State Load Despatch Centre, CPP and licensees to take such action, as may appear to the Commission to be necessary or expedient for the purpose of removing difficulties.

65b99235ab84c7eca86e95f8

acts

State of Meghalaya - Act -------------------------- The Garo Hills Autonomous District Cattle Taxation Regulation, 1966 --------------------------------------------------------------------- MEGHALAYA India The Garo Hills Autonomous District Cattle Taxation Regulation, 1966 ===================================================================== Act 1 of 1966 --------------- * Published on 1 July 1965 * Commenced on 1 July 1965 The Garo Hills Autonomous District Cattle Taxation Regulation, 1966 (Regulation No. 1 of 1966) Last Updated 19th February, 2020 A Regulation to provide for levy and collection of tax on cattle in the Autonomous District of Garo Hills Preamble. - Whereas it is expedient to levy tax on cattle in the Autonomous District of Garo Hills; It is hereby enacted in the Seventh Year of the Republic of India as follows : ### 1. Short title, extent and commencement. (1) This Regulation may be called the Garo Hills Autonomous District (Cattle Taxation) Regulation, 1966. (2) It extends to the whole of the Garo Hills Autonomous District. (3) It shall be deemed to have come into force with effect from the first day of July, 1965. ### 2. Definitions. (1) In this Regulation unless there is anything repugnant in the subject of context- (a) "Agricultural land" means any land used for regular cultivation of paddy and other crops; (b) "Cattle" includes buffaloes, cows, bulls, bullocks, horses, mares, ponies, asses, mules and elephants other than wild elephants; (c) "Chief Executive Member" means the Chief Executive Member of the Garo Hills District Council; (d) "District" means the Garo Hills Autonomous District; (e) "District Council" means the Garo Hills District Council; (f) "Executive Committee" means the Executive Committee of the Garo Hills District Council; (g) "Financial Year" means the period beginning from the 1st April of one year and ending on 31st March of the following year; (h) "Gaonburas" means the Gaonburas appointed as such by the Garo Hills District Council under the Assam Land and Revenue Regulation, 1886; (i) "Nokma" means- (a) a person who is appointed custodian of any Akhing and collectively held by a clan and recognised as such by the District Council and it includes village headmen recognised as such by the District Council; (b) any person other than a custodian of any Akhing land but functions as an elder and representative of his village and recognised by the District Council to be the mouthpiece of the people amongst whom he lives and their leader in carrying out works for the common benefit; (j) "prescribed" means prescribed by this Act; (k) "professional grazer" means any person who keeps or grazes cattle in the unclassed forests under the District Council in consideration of payment by the owner of the cattle or for purposes of trade; (l) "Superintendent of Taxes" means the Superintendent of Taxes of the Garo Hills District. (2) Notwithstanding anything contrary in any other law for the time being in force or in any judgment, decree or order of any Court, all taxes imposed, assessed, or collected or purporting to have been imposed, assessed or collected during the period from the 1st July, 1965 to the 4th March, 1966, on cattle shall for all proposes be deemed to be and to have always been validly imposed, assessed or collected in accordance with law, as if under the provisions of the Garo Hills Autonomous District (Cattle Taxation) Regulation, 1966 and all notifications, orders issued or made thereunder in so far as such provisions relate to the imposition assessment or correction of such taxes have been included in and formed part of this section and this section had been in force at all material times which such tax was imposed, assessed or collected; and accordingly- (i) no suit or other proceedings shall be maintained or continued in any Court or the refund of any taxes so paid; and (ii) no Court shall enforce any decree or order directing the refund of any tax so paid. ### 3. Levy of tax. - Save as otherwise provided in this Regulation all cattle of two years and above of age shall be taxed at the rates specified in Schedules I and II to this Regulation. ### 4. Exemption of tax. - Exemptions of tax in respect of cows, bulls, bullocks and buffaloes shall be allowed as per provisions of the following sub-sections. (1) (a) taxable cows, bulls, and bullocks taken together up to tire maximum of ten heads; (b) taxable cows, bulls, bullocks and buffaloes taken together in case of mixed rearing up to the maximum of eight heads. (2) A person other than a resident of Tura Town who possesses agricultural land for permanent cultivation by plough shall be allowed to keep free of tax- (a) one pair of taxable plough bulls or buffaloes for every five bighas of agricultural land plus two pairs of bulls or bullocks extra and five milch cows; (b) one pair of taxable plough buffaloes for every seven bighas of agricultural land plus one pair of taxable buffaloes extra and three she-buffaloes. (3) (i) A person who is a resident of the Tura Town shall be allowed to keep free of tax two milch cows. (b) A person who is a resident of the Tura Town and possesses agricultural land for permanent cultivation by plough shall be allowed to keep plough cattle free as per provision of sub-section (2) of this section. ### 5. Duties of Nokmas and Gaonburas. (1) It shall be the duty of the Nokma or Gaonbura to furnish the names of persons of his village who own or possess cattle to the Secretary of the Village Council or the Lot Mandal of the area. The information should be furnished within April every year. The Secretary after receipt of such information direct the cattle owners on possessors to submit cattle return in the prescribed form. (2) It shall also be the duty of Nokmas and Gaonburas to furnish the name of persons of his village who procure the taxable cattle after the assessment of the cattle tax is completed for the financial year to the Secretary of the Village Council or the Lot Mandal of the area within fifteen days of procurement of the cattle. The Secretary of the Village Council or Lot Mandal, as the case may be, shall immediately after receipt of such information, direct the cattle owner or possessor to submit the supplementary cattle return in the prescribed form. ### 6. Cattle return. - Every person owning or possessing cattle in the District shall submit a return through the Secretary of the Village Council or the Lot Mandal of the area in the prescribed form before the end of May every year to the Superintendent of Taxes or any other officer of the District Council authorised or appointed by the Executive Committee, in this behalf. ### 7. Verification of cattle return. (1) (a) In the Lasker areas the Secretary of the Village Council shall personally make physical verification of the cattle return of the areas and after testifying the correctness of the returns, forward them to the Superintendent of Taxes or any other officer of the District Council authorised or appointed by the Executive Committee to receive such returns. (b) In non-Laskar areas the Lot Mandal of the area shall personally make physical verification of cattle returns of his lot and after testifying the correctness of the returns, forward them to the Superintendent of Taxes or any other officer of the District Council authorised or appointed by the executive committee to receive such returns. (c) It shall be the duty of the cattle owners or possessors to collect their cattle and produce them before the Secretary of the Village Council or the Lot Mandals, as the case may be, or any other officer or employer of the District Council mentioned in sub-section (2) of this section on the date and time as may be communicated to them either orally or in writing for physical verification of cattle return. The cattle owners or possessors shall also extend all other facilities as may be required for proper and correct physical verification of cattle return. (2) It shall be the duty of the Superintendent of Taxes or any other Officer or Supervisors of Taxes or the Hill mauzadars duly authorised in this behalf by executive committee to make further physical verification of the cattle returns and correct mistakes if there be any and thereafter submit the returns to the Secretary for approval. (3) The executive committee may make any other arrangements fort submission and physical verification of cattle return in respect of Tura Town. ### 8. Notice of assessment. - After the cattle returns had been approved, the Secretary shall serve notice of assessment to all person liable to pay cattle tax under this Regulation. The person on whom notice has been so served shall be required to pay the tax so assessed according to provisions of Section 10 of this Act. ### 9. Refund of tax. - On proof being given to the satisfaction of the assessing authority that any cattle for which tax has been paid for any financial year, has died or is disposed of during the course of such year, the assessing authority may order a refund of so much of the taxes at the rate equal to one-twelfth of the annual rate of tax for every calendar, month of the remaining period of the financial year; but no refund shall be allowed unless notice be given to the assessing authority within 30 days of the time when such cattle died or ceased to be kept by the assess or disposed of. ### 10. Payment of tax. (1) Cattle tax payable under this Regulation may be paid in three equal instalments in each case the amount of payable tax by a person exceeds fifty rupees. In all other cases the taxes shall be paid in one instalment. (2) In case the tax is payable in thee equal instalments, the first instalment shall be paid immediately after receipt of notice of assessment under Section 8 and not later than 15th of August and the second and third instalments shall be paid on or before 15th October and 15th of January respectively each year. ### 11. Collection of taxes. - The executive committee may appoint any persons to collect taxes under such terms and conditions as may be laid down in this behalf: Provided that the professional grazers shall required to deposit the amount of grazing taxes at the time of taking out the grazing permit. ### 12. Tax payable in first liability of tax. - When any person procures any taxable cattle after the assessment for the financial year and the tax on such cattle becomes payable for the first time, the tax payable shall be one-twelfth of the approximate annual tax for each calendar month in respect of which the tax has become payable. ### 13. Tax once paid not re-leviable for the same period. - No cattle shall be liable to tax during any period in respect of which the full tax for the same period has already been paid by some other person. ### 14. Arrears of tax. - All arrears of cattle tax shall be realisable as arrears of land revenue and the procedure laid down in the Assam Land Revenue Regulation, 1886, shall be followed for the purpose of such realisation. ### 15. Appeal. - Any person dissatisfied with the assessment of cattle tax may, within thirty days of receipt of notice of assessment, apply to the Chief Executive Member for revision of assessment. The Chief Executive Member, after such enquiry as he may deem fit, pass order either for confirmation or revision of assessment. Every order passed by the Chief Executive Member under this section shall be final and binding. No appeal shall lie in any Court against any order passed by the Chief Executive Member under this section. ### 16. Summary assessment. - If any person fails to submit returns in due time or submits a false return of cattle liable for assessment, the assessing authority shall, to the best of his judgement by an order in writing make a summary assessment and determine the tax payable by such person. ### 17. Forms and Registers. (a) The Executive Committee may issue direction and maintain the following registers : (1) Village-wise cattle census register; (2) Cattle return; (3) Cattle tax assessment registers; (4) Cash register; (5) Quarterly collection return; and (6) Village-wise cattle census register of professional grazers. (b) The Executive Committee may also prescribe such other forms as may be prescribed. ### 18. Repeal. - The Rules under Section 34(2) (c), 35(2) and 72(c) of the Assam Forest Regulation, 1891 which was adopted by the Garo Hills District Council under the Garo Hills Grazing Regulation, 1935, in so far as they are inconsistent with the provisions of this Regulation shall, to the extent of such inconsistency, be repealed. I --- Rates of taxes payable by the owner or possessor of taxable cattle other than the professional grazers within the district | | | | | --- | --- | --- | | 1. | He-Buffalo | Rs. 10.00 only per head per annum. | | 2. | She-Buffalo | Rs. 10.00 only per head per annum. | | 3. | Cow | Rs. 3.50 only per head per annum. | | 4. | Bull | Rs. 3.50 only per head per annum. | | 5. | Horse | Rs. 10.00 only per head per annum. | | 6. | Bullock | Rs. 3.50 only per head per annum. | | 7. | Mare | Rs. 10.00 only per head per annum. | | 8. | Pony | Rs. 10.00 only per head per annum. | | 9. | Ass | Rs. 10.00 only per head per annum. | | 10. | Mull | Rs. 10.00 only per head per annum. | | 11. | Elephant | Rs. 25.00 only per head per annum. | | 12. | Cow in Tura Town | Rs. 5.00 only per head per annum. | II ---- Rates of taxes in respect of cattle of professional grazers | | | | | --- | --- | --- | | 1. | She-buffaloes up to 20 heads | Rs. 10.00 only per head per annum | | 2. | For every additional she-buffalo exceeding 20 heads up to maximum 30 heads | Rs. 15.00 only per head per annum | | 3. | Milch cows up to 30 heads | Rs. 3.50 only per head per annum | | 4. | For every additional cows exceeding 30 heads up to a maximum of 40 heads | Rs. 5.00 only per head per annum | | 5. | In case of mixed livestock- | | | (1) | Up to 10 she buffaloes; up to 15 milch cows | Rs. 10.00 only per head per annum | | (2) | For every additional she-buffaloes exceeding 10 she-buffaloes up to a maximum of 15 she buffaloes | Rs. 15.00 only per head per annum | | (3) | For additional milch cows exceeding 15 cows upto to a maximum of 20 cows | Rs. 5.00 only per head per annum | Form 1-A Cattle Return (Section 5) Name of cattle owner or possessor (in block letters)................. Village................ Elaka............... Lot No................. Mouza No.................. P.O................. District................. | | | | | | | | --- | --- | --- | --- | --- | --- | | Serial No. | Particulars of cattle | 2 years of above of age | Below 2 years of age | Total | Remarks | | 1. He-buffalo2. She-buffalo3. Bull4. Bullock5. Cow6. Horse7. Mare8. Mule9. Ass10. Pony11. ElephantTotal | I solemnly declare that the statements made above are true to my knowledge; it conceals nothing and no part of it is false. Signature of owner or possessor I hereby certify that I personally have made physical verification of the cattle and to the best of my knowledge found the same to be correct. Secretary ......................... Village Council..................... Lot Mandal/Lot No................... Mouza No...................... Form 1-B Cattle Return (Section 5) Name of cattle owner or possessor (in block letters)........... Village........................ Elaka..................Lot No......................................................... Mouza No............................. P.O...................... District............... | | | | | | | | --- | --- | --- | --- | --- | --- | | Serial No. | Particulars of cattle | 2 years of above of age | Below 2 years of age | Total | Remarks | | 1. He-buffalo2. She-buffalo3. Bull4. Bullock5. Cow6. Horse7. Mare8. Mule9. Ass10. Pony11. ElephantTotal | Agricultural Land | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of Patta | Patta No. | Dag No. | Area | Remarks | | Bigha | Lessa | | Total | | | | | | | I solemnly declare that the statements made above is true to my knowledge; it conceals nothing and no part of it is false. Signature of owner or possessor I hereby certify that I personally have made physical verification of the cattle and to the best of my knowledge found the same to be correct. Secretary.......................... Village Council................. Lot Mandal/Lot No..........

65b9c114ab84c7eca86e9dff

acts

State of Rajasthan - Act -------------------------- Singhania University, Pacheri Bari (Jhunjhunu) Act, 2008 ---------------------------------------------------------- RAJASTHAN India Singhania University, Pacheri Bari (Jhunjhunu) Act, 2008 ========================================================== Act 6 of 2008 --------------- * Published on 1 January 2008 * Commenced on 1 January 2008 Singhania University, Pacheri Bari (Jhunjhunu) Act, 2008 (Rajasthan Act No. 6 of 2008 ) Last Updated 23rd May, 2019 [Received the assent of the Governor on the 29lh day of March, 2008] An Act to provide for establishment and incorporation of the Singhania University, Pacheri Bari (Jhunjhunu) in the State of Rajasthan and matters connected therewith and incidental thereto. Whereas, with a view to keep pace with the rapid development in all spheres of knowledge in the world and the country it is essential to create world level modem research and study facilities in the State to provide state of the art educational facilities to the youth at their door steps so that they can make out of them human resources compatible to liberalized economic and social order of the world; And whereas, rapid advancement in knowledge and changing requirements of human resources makes it essential that a resourceful and quick and responsive system of educational research and development be created which can work with entrepreneurial zeal under an essential regulatory setup and such a system can be created by allowing the private institutions engaged in higher education having sufficient resources and experience to establish universities and by incorporating such universities with such regulatory provisions as ensure efficient working of such institutions; And whereas, the Singhania Foundation Education Samiti, Pacheri Bari (Jhunjhunu) , a society registered under the Rajasthan Societies Registration Act, 1958 having its registered office at Pacheri Bari, District-Jhunjhunu (Rajasthan) is engaged in the field of education for last several years and is running a number of educational institutions under the name of 'Singhania Institute of Law Management and Science' which are imparting education in the various disciplines; And whereas, the said Singhania Foundation Education Samiti has set up educational infrastructures, both physical and academic, as specified in Schedule I, at Pacheri Bari, District-Jhunjhunu in the State of Rajasthan and has agreed to invest the said infrastructure in a University for research and studies in the disciplines specified in Schedule II and has also deposited an amount of rupees one crore to be utilized in establishment of an endowment fund in accordance with the provisions of this Act; And whereas, the sufficiency of the above infrastructure has been got enquired into by a committee, appointed in this behalf by the State Government consisting of Vice-chancellor, Mohan Lai Sukhadia University, Udaipur and Secretary to the Government in the Department of Medical Education, Government of Rajasthan, Commissioner College Education, Rajasthan; And whereas, if the aforesaid infrastructure is utilized in incorporation as a University and the said Singhania Foundation Education Samiti, Pacheri Bari (Jhunjhunu) is allowed to run the University, it would contribute a long in the academic development of the people of the State; Now, therefore, be it enacted by the Rajasthan State Legislature in the Fifty-ninth Year of the|Republic of India, as follows: - ### 1. Short title, extent and commencement. (1) This Act may be called the Singhania University, Pacheri Bari (Jhunjhunu) Act, 2008. (2) It extends to the whole of the State of Rajasthan. (3) It shall be deemed to have come into force on and from 21.10.2007. ### 2. Definitions. - In this Act, unless the context otherwise requires,- (a) "AICTE" means All India Council of Technical Education established under, All India Council of Technical Education Act, 1987 (Central Act No. 52 of 1987); (b) "CSIR" means the Council of Scientific and Industrial Research, New Delhi- a funding agency of the Central Government; (c) "DEC" means the Distance Education Council established under section 28 of Indira Gandhi National Open University Act, 1985 (Central Act No. 50 of 1985); (d) "Distance education" means education imparted by combination of any two or more means of communication, viz. broadcasting, telecasting, correspondence courses, seminars, contact programmes and any other such methodology; (e) "DST" means the Department of Science and Technology of the Central Government; (f) "employee" means a person appointed by the University to work in the University and includes teachers, officers and other employees of the University; (g) "fee" means collection made by the University from the students by whatever name it may be called, which is not refundable; (h) "Government" means the State Government of Rajasthan; (i) "higher education" means study of a curriculum or course for the pursuit of knowledge beyond 10+2 level; (j) "hostel" means a place of residence for the students of the University, or its colleges, institutions or centers, maintained or recognized to be as such by the University; (k) "ICAR" means the Indian Council of Agriculture Research, a society registered under the Societies Registration Act, 1860 (Central Act No. 21 of 1860); (l) "MCI" means Medical Council of India constituted under section 3 of the Indian Medical Council Act, 1956 (Central Act No. 102 of 1956); (m) "NAAC" means the National Assessment and Accreditation Council, Bangalore, an autonomous institution of the UGC; (n) "NCTE" means the National Council of Teacher Education ' constituted under section 3 of the National Council of Teacher Education Act, 1993 (Central Act No. 73 of 1993); (o) "off campus centre" means a centre of the University established by it outside the main campus operated and maintained as its constituent unit, having the University's complement of facilities, faculty and staff; (p) "PCI" means Pharmacy Council of India constituted under section 3 of the Pharmacy Act, 1948 (Central Act No. 8 of 1948); (q) "prescribed" means prescribed by Statutes made under this Act; (r) "regulating body" 'means a body established or constituted by or under any law for the time being in force laying down norms and conditions for ensuring academic standards of higher education, such as UGC, AICTE, NCTE, MCI, PCI, NAAC, ICAR, DEC, CSIR etc. and includes the State Government; (s) "rules" means the rules made under this Act; (t) "schedule" means the Schedule to this Act; (u) "Sponsoring Body" means the Singhania Foundation Education Samiti, Pacheri Bari (Jhunjhunu), a society registered under the Rajasthan Societies Registration Act, 1958 (Act No. 28 of 1958) having Registration No. 44/3T/2001-2002; (v) "Statutes", "Ordinances" and "Regulations" mean respectively, the Statutes, Ordinances and Regulations of the University made under this Act; (w) "student of the University" means a person enrolled in the University for taking a course of study for a degree, diploma or other academic distinction duly instituted by the University, including a research degree; (x) "study centre" means a centre established and maintained or recognized by the University for the purpose of advising, counseling or for (rendering any other assistance required by the students in the context of distance education; (y) "teacher" means a Professor, Reader, Lecturer or any other person required to impart education or to guide research or to render guidance in any other form«to the students for pursuing a course of study of the University; (z) "UGC" means the University Grants Commission, established under section 4 of the University Grants Commission Act, 1956 (Central Act No. 3 of 1956); and (za) "University" means the Singhania University, Pacheri Bari (Jhunjhunu). ### 3. Incorporation. (1) The first Chancellor and the first Vice-chancellor of the University and the first members of the Board of Management and the Academic Council and all persons whd 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 Singhania University, Pacheri Bari (Jhunjhunu). (2) 1 he movable and immovable property specified in the Schedule I shall be vested in the University and the Sponsoring Body shall, immediately after commencement of this Act, take steps for such vesting. (3) The University (shall have perpetual succession and a common seal and shall sue and be sued by the said name. (4) The University shall situate and have its headquarters at Pacheri Bari (Jhunjhunu), (Rajasthan). ### 4. The objects of the University. - The objects of the University shall be to undertake research and studies in the disciplines specified in Schedule II and such other disciplines as the University may with the prior approval of the State Government, determine from time to time and to achieve excellence and impart and disseminate knowledge in the said disciplines. ### 5. Powers and functions of the University. - The University shall have the following powers and functions, namely:- (a) to provide for instruction in the disciplines specified in Schedule II and to make provisions for research and for the advancement and dissemination of knowledge; (b) to grant, subject to such conditions as the University may determine, diplomas or certificate, 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; (c) to organize and to undertake extra-mural studies and extension service; (d) to confer honorary degrees or other distinctions in the manner (e) to provide instruction, including correspondence and such other I courses, as it may determine; (f) to institute Professorships, Readerships, Lecturerships and other teaching or academic posts required by the University and to make appointment thereto; (g) to create administrative, ministerial and other posts and to make appointments thereto; (h) to appoint persons' working in any other university or organization having specific knowledge permanently or for a specified period; (i) to co-operate, collaborate or associate with any other university or authority or institution in such manner and for such purpose as the University may determine; (j) to establish study centers and maintain schools, institutions and such centers, specialized laboratories or other units for research and instructions as are in the opinion of the University, necessary for the furtherance of its object; (k) to institute and award fellowships, scholarships, studentships, medals and prizes; (l) to establish and maintain hostels for students of the University; (m) to make provisions for research and consultancy, and for that purpose to enter into such arrangements with other institutions or bodies as the University may deem necessary; (n) to determine standards for admission into the University, which may include examination, evaluation or any other method of testing; (o) to demand and receive payment of fees and other charges; (p) to supervise the residences of the students of the University and to make arrangements for the promotion of their health and general welfare; (q) to make special arrangements in respect of women students as the University may consider desirable; (r) to regulate and enforce discipline among the employees and students of the University and take such disciplinary measures in this regard as may be deemed necessary by the University; (s) to make arrangements for promoting the health and general welfare of the employees of the University; (t) to receive donations and acquire, hold, manage and dispose of any movable or immovable property; (u) to borrow money with the approval of the Sponsoring Body for the purposes of the University; (v) to mortgage or hypothecate the property of the University with the approval of the Sponsoring Body; (w) to establish examination centers; (x) to ensure that the standard of degrees, diplomas, certificates and other academic distinctions are not lower than those laid down by AICTE, NCTE, UGC, MCI, PCI and other similar bodies established by or under any law for the time being in force for the regulation of education; (y) to set up off campus centre within or without the State subject to the provisions of any other law for the time being in force; and (z) to do all such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the University. ### 6. University to be self-financed. - The University shall be self financed and shall not be entitled to receive any grant or other financial assistance from the State Government. ### 7. No power of affiliation. - The University shall have no power to affiliate or otherwise admit to its privileges any other institution. ### 8. Endowment Fund. (1) There shall be established an Endowment Fund, as soon as may be after coming into force of this Act with an amount of rupees one crore which has been deposited by the Sponsoring Body with the State Government. (2) The Endowment Fund shall be used as security deposit to ensure that the University complies with the provisions of this Act and functions as per provisions of this Act, Statutes and Ordinances. The State Government shall have the powers to forfeit in the prescribed manner, a part or whole of the Endowment Fund in case the University or the Sponsoring Body contravenes any of the provisions of this Act or Statutes, Ordinances, Regulations or rules made thereunder. (3) Income from the Endowment Fund may be utilised for development of infrastructure of the University but shall not be utilised to meet out the recurring expenditure of the University. (4) The amount of the Endowment Fund shall be invested and kept invested until the dissolution of the University in long term securities issued or guaranteed by the State Government or deposited and kept deposited until the1 dissolution of the University in the interest bearing Personal Deposit Account of the Sponsoring Body in the Government Treasury. (5) In case of investment in long term security, the certificates of the securities shall be kept in the safe custody of the State Government and in case of deposit in the, interest bearing Personal Deposit Account in Government Treasury, the deposit shall be made with the condition that the amount shall not be withdrawn without the permission of the State Government. ### 9. General Fund. - The University shall establish a fund, which shall be called the General Fund to which following shall be credited, namely:- (a) fees and other charges received by the University; (b) any contributions made by the Sponsoring Body; (c) any income received from consultancy and other work undertaken by the University in pursuance of its objectives; (d) trusts, bequests, donations, endowments and any other grants; and (e) all other sums received by the University. ### 10. Application of General Fund. - The General Fund shall he utilized for meeting all expenses, recurring or non-recurring in connection with the affairs of the University: Provided that no expenditure shall be incurred by the University in excess of the limits for total recurring expenditure and total nonrecurring expenditure for the year, as may be fixed by the Board of Management, without the prior approval of the Board of Management. ### 11. Officers of the University -The following shall be the officers of the University, namely: - (i) the Chancellor; (ii) the Vice-chancellor; (iii) the Pro-Vice-chancellor; (iv) the Provost; (v) the Proctor; (vi) the Deans of Faculties; (vii) the Registrar; (viii) the Chief Finance and Accounts Officer; and (ix) such other officers as may be declared by the Statutes to be the officers of the University. ### 12. The Chancellor. (1) The Chancellor shall be appointed by the Sponsoring Body with the consent of the State Government for a period of five years from the date on which he enters upon his office and shall not be eligible for re-appointment: Provided that a Chancellor shall notwithstanding the expiration of his term continue to hold office until his successor enters upon the office. (2) Any vacancy in the office of Chancellor shall be filled within six months from the date of such vacancy. (3) The Chancellor shall, by virtue of his office, be the head of the University. (4) The Chancellor shall, if present, preside at the meetings of the Board of Management and at the convocation of the University for conferring degrees, diplomas or other academic distinctions. (5) The Chancellor shall have the following powers, namely:- (a) to call for any information or record in connection with the affairs of the University; (b) to appoint the Vice-chancellor; (c) to remove the Vice-chancellor in accordance with the provisions of sub-section (8) of section 13; and (d) such other powers as may be prescribed by the Statutes. ### 13. The Vice-chancellor. (1) The Vice-chancellor shall be appointed by the Chancellor from a panel of three persons recommended by the Board of Management and shall, subject to the provisions contained in sub-section (8), hold office for a term of three years: Provided that, after expiry of the term of three years, a person shall be eligible for re-appointment for another term of three years: Provided further that a Vice-chancellor shall notwithstanding the expiration of his term continue to hold office until his successor enters upon the office. (2) Any vacancy in the office of Vice-chancellor shall be filled within six months from the date of such vacancy. (3) The Vice-chancellor shall be the principal executive and academic officer of the University and shall exercise general superintendence and control over the affairs of the University and shall execute the decisions of the authorities of the University. (4) The Vice-chancellor shall preside at the convocation of the University in the absence of the Chancellor. (5) If in the opinion of the Vice-chancellor it is necessary to take immediate action on any matter for which powers are conferred on any other authority by or under this Act, he may take such action as he deems necessary and shall at the earliest opportunity thereafter report his action to such officer or authority as would have in the ordinary course dealt with the matter: Provided that if in the opinion of the concerned officer or authority such action should not have been taken by the Vice-chancellor then such case shall be referred to the Chancellor, whose decision thereon shall be final: Provided further that where any such action taken by the Vice-chancellor affects any person in the service of the University, such person shall be entitled to prefer, within three months from the date on which such action is communicated to him, an appeal to the Board of Management and the Board of Management may confirm or modify or reverse the action taken by the Vice-chancellor. (6) If, in the opinion of the Vice-chancellor, any decision of any authority of the University is outside the powers conferred by this Act or Statutes, Ordinances, Regulations or rules made thereunder or is likely to be prejudicial to the interests of the University, he shall direct the concerned authority to revise its decision within fifteen days from the date of its decision and in case the authority refuses or fails to revise such decision, then such matter shall be referred to the Chancellor and his decision thereon shall be final. (7) The Vice-chancellor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes or the Ordinances. (8) If the Chancellor is satisfied, on an enquiry made or caused to be made on a representation made to him or otherwise, that the continuance of Vice-chancellor in his office is prejudicial to the interest of the University or the situation so warrants, he may, by an order in writing and stating the reasons therein for doing so, ask the Vice-chancellor to relinquish his office from such date as may be specified in the order: Provided that before taking an action under this sub-section, the Vice-chancellor shall be given an opportunity of being heard. ### 14. The Pro-Vice-chancellor. (1) The Pro-Vice-chancellor shall be appointed by the Chancellor in consultation with the Vice-chancellor. (2) The Pro-Vice-chancellor shall hold office for a period of three years and shall be eligible for re-appointment for a second term. (3) The conditions of service of the Pro-Vice-chancellor shall be such as may be prescribed by the Statutes. (4) If the Chancellor is satisfied, or an enquiry made or caused to be made on a representation made to him or otherwise, that the continuance of Pro-Vice-chancellor in his office is prejudicial to the interest of the University or the situation so warrants, he may, by an order in writing and stating the reasons therein for doing so, ask the Pro-Vice-chancellor to relinquish his office from such date as may be specified in the order: Provided that before taking an action under this sub-section, the Pro Vice-chancellor shall be given an opportunity of being heard. (5) The Pro-Vice-chancellor shall assist the Vice-chancellor in such matters as are assigned to him by the Vice-chancellor from time to time and shall exercise such powers and perform such functions as may be delegated to him by the Vice-chancellor. ### 15. The Provost. (1) The Provost shall be appointed by the Vice-chancellor for such period and in such manner as may be prescribed by the Statutes. (2) The Provost shall ensure discipline in the University and shall keep the various unions of the teachers and employees advised of the various policies and practices in the University. (3) The Provost shall exercise such other, powers and perform such other duties as may be prescribed by the Statutes. ### 16. The Proctor. (1) The Proctor shall be appointed by the Vice-chancellor for such period and in such manner as may be prescribed by the Statutes. (2) The Proctor shall be responsible for the maintenance of discipline among the students and keep the various students' Unions advised of the various polices and practices in the University. (3) The Proctor shall exercise such other powers and perform such other duties as may be prescribed by the Statutes. ### 17. The Dean of Faculty. (1) There shall be a Dean of each Faculty who shall be appointed by the Vice-chancellor for a period of three years in such manner as may be prescribed by the Statutes. (2) The Dean shall convene meetings of the faculty, as and when required, in consultation with the Vice-chancellor and shall preside over the same. He shall formulate the policies and development programme of the faculty and present the same to the appropriate authorities for their consideration. (3) The Dean of Faculty shall exercise such other powers and perform such other duties as may be prescribed by the Statutes. ### 18. The Registrar. (1) The Registrar shall be appointed by the Chancellor, in such manner as may be prescribed by the Statutes. (2) All contracts shall be signed and all documents and records shall be authenticated by the Registrar on behalf of the University. (3) The Registrar shall be the Member Secretary of the Board of Management and Academic Council but he shall not have a right to vote. (4) The Registrar shall exercise such other powers and perform such other duties as may be prescribed by the Statutes. ### 19. The Chief Finance and Accounts Officer. (1) The Chief Finance and Accounts Officer shall be appointed by the Vice-chancellor in such manner as may be prescribed by the Statutes. (2) The Chief Finance and Accounts Officer shall exercise such powers and perform such duties as may be prescribed by the Statutes. ### 20. Other officers. (1) The University may appoint such other officers as may be necessary for its functioning. (2) The manner of appointment and powers and functions of such officers shall be such as may be prescribed by the Statutes. ### 21. Authorities of the University. -The following shall be the authorities of the University, namely:- (i) the Board of Management; (ii) the Academic Council; (iii) the Faculties; and (iv) such other authorities as may be declared by the Statutes to be the authorities of the University. ### 22. The Board of Management. (1) The 6oard of Management of the University shall consist of the following, namely:- (a) the Chancellor; (b) the Vice-chancellor; (c) five persons nominated by the Sponsoring Body out of whom two shall be eminent educationists; (d) one expert of management or information technology from outside the University, nominated by the Chancellor; (e) one expert of finance, nominated by the Chancellor; (f) commissioner, College Education or his nominee not below the rank of Deputy Secretary; and (g) two teachers, nominated by the Vice-chancellor. (2) The Board of Management shall be the principal executive body of the University. All the movable and immovable property of the University shall vest in the Board of Management. It shall have the following powers, namely:- (a) to provide general superintendence and directions and to control the functioning of the University by using all such powers as are provided by this Act or the Statutes, Ordinances, Regulations or rules made thereunder: (b) to review' the decisions of other authorities of the University in case they are not in conformity with the provisions of this Act or the Statutes, Ordinances, Regulations or rules made thereunder; (c) to approve the budget and annual report of the University; (d) to lay down the policies to be followed by the University; (e) to recommend to the Sponsoring Body about the voluntary liquidation of the University if a situation arises when smooth functioning of the University does not remain possible, in spite of all efforts; and (f) such other powers as may be prescribed by the Statutes. (3) The Board of Management shall meet at least three times in a calendar year. (4) The quorum for meetings of the Board of Management shall be five. ### 23. The Academic Council. (1) The Academic Council shall consist of the Vice-chancellor and such other members as may be prescribed by the Statutes. (2) The Vice-chancellor shall be the Chairperson of the Academic Council. (3) The Academic Council shall be the principal academic body oi the University and shall, subject to the provisions of this Act and the rules, Regulations, Statutes or Ordinances, made thereunder, co-ordinate and exercise general supervision over the academic policies of the University. (4) The quorum for meetings of the Academic Council shall be such as may be prescribed by the Statutes. ### 24. Other authorities. - The composition, constitution, powers and functions of other authorities of the University shall be such as may be prescribed by the Statutes. ### 25. Disqualification for membership of an authority. - A person shall be disqualified for being a member of any of the authorities of the University, if he- (a) is of unsound mind and stands so declared by a competent court; (b) is an undischarged insolvent; (c) has been convicted of any offence involving moral turpitude; (d) is conducting or engaging himself in private coaching classes; or (e) has been punished for indulging in or promoting unfair practice in the conduct of any examination, in any form, anywhere. ### 26. Vacancies not to invalidate the proceedings of any authority of the University. - No act or proceeding of any authority of the University shall be invalid merely by reason of any vacancy or defect in the constitution thereof. ### 27. Filling up of emergent vacancies. - Any vacancies occurred in the membership of authorities of the University due to death, resignation or removal of a member or due to change of capacity in which he was appointed or nominated, shall be filled up as early as possible by the person or the (body who had appointed or nominated such a member: Provided that the person appointed or nominated as a member of an authority of the University on an emergent vacancy, shall remain member of such authority for only the remaining period of the member, in whose place he is appointed or nominated. ### 28. Committee. - The authorities or officers of the University may constitute such committees with such terms of reference as may be necessary for specific tasks to be performed by such committees. The constitution of such committees and their duties shall be such as may be prescribed by the Statutes. ### 29. The Statutes. (1) Subject to the provisions of this Act, the Statutes of the University 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 terms and conditions of appointment of the Vice-chancellor and his powers and functions; (c) the manner and terms and conditions of appointment of the Registrar and Chief Finance and Accounts Officer and their powers and functions; (d) the manner in which and the period for which the Provost and the Proctor shall be appointed and their powers and functions; (e) the manner in which the Dean of Faculty shall be appointed and his powers and functions; (f) the manner and terms and conditions of appointment of other officers and teachers and their powers and functions; (g) the terms and conditions of service of employees of the University and their functions; (h) the procedure for arbitration in case of disputes between officers, teachers, (employees and students; (i) the conferment of honorary degrees; (j) the provisions regarding exemption of students from payment of tuition fee and for awarding to them scholarships and fellowships; (k) provisions regarding the policy of admissions, including regulation of reservation of seats; (l) provisions regarding fees to be charged from students; (m) provisions regarding number of seats in different courses; (n) creation of new authorities of the University; (o) accounting policy and financial procedure; (p) creation of new departments and abolition or restructuring of existing departments; (q) institution of medals and prizes; (r) creation of posts and procedure for abolition of posts; (s) revision of fees; (t) alteration of the number of seats in different syllabi; and (u) all other matters which under the provisions of this Act are required to be, or may be, prescribed by the Statutes. (2) The Statutes of the University shall be made by the Board of Management and shall be submitted to the State Government for its approval. (3) The State Government shall consider the Statutes, submitted by the University and shall give its approval thereon within two months from the date of its receipt (with such modifications, if any, as it may deem necessary. (4) The University shall communicate its agreement to the Statutes as approved by the State Government, and if it desires not to give effect to any or all of the modifications made by the State (government under sub-section (3), it may give reasons therefor and after considering such reason, the State Government may or may not accept the suggestions made by the University. (5) The State Government shall publish the Statutes, as finally approved by it, in the Official Gazette, and thereafter, the Statutes shall come into force from the date of such publication. ### 30. The Ordinances. (1) Subject to the provisions of this Act or Statutes made thereunder, 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 the degrees, diplomas and certificates of the University; (c) the award of the degrees, diplomas, certificates and other academic distinctions, the minimum qualifications for the same and the measures to be taken relating to the granting and obtaining of the same; (d) the conditions for award of fellowships, scholarships, stipends, medals and prizes; (e) the conduct of examinations, including the terms of office and manner of appointment and the duties of examining bodies, examiners and moderators; (t) fees to be charged for the courses, examinations, degrees and diplomas of the University; (g) the conditions of residence of the students of the University; (h) provision regarding disciplinary action against the students; (i) the creation, composition and functions of any other body which is considered necessary for improving the academic life of the University; (j) the manner of co-operation and collaboration with other Universities and institutions of higher education; and (k) all other matters which by this Act or Statutes made thereunder are required to be provided by the Ordinances. (2) The Ordinances of the University shall be made by the Academic Council which after being approved by the Board of Management, shall be submitted to the State Government for its approval, (3) The State Government shall consider the Ordinances submitted under sub-section (2) within two months from the date of their receipt and shall either approve them or give suggestions for modifications therein. (4) The Academic Council shall either modify the Ordinances incorporating the suggestion of the State Government or give reasons for not incorporating any of the suggestions made by the State Government and shall return the Ordinances alongwith such reasons, if any, to the State Government and on receipt of the same, the State Government shall consider the comments of the Academic Council and shall approve-the Ordinances of the University with or without such modifications. ### 31. Regulations. - The authorities of the University may, subject to the prior approval of the Board of Management, make regulations, consistent with this Act and the rules, Statutes and the Ordinances made thereunder, for the conduct of their own business and that of the committees appointed by them. ### 32. Admissions. (1) Admission in the University shall be made strictly u the basis of merit. (2) Merit for admission in the University may be determined either on the basis of marks or grade obtained in the qualifying examination and achievements in co-curricular and extra-curricular activities or on the basis of marks or grade obtained in the entrance test conducted at the State level either by an association of the universities conducting similar courses or by any agency of the State: Provided that admission in professional and technical courses shall be made only through entrance test. (3) Reservation in admission to the University for scheduled castes, scheduled tribes and other backward classes, women and handicapped persons shall be provided as per the policy of the State Government. ### 33. Fee structure. (1) The University may, from time to time, prepare its fees structure and sent it for approval of the committee constituted for the purpose. (2) The committee shall consider the fees -structure prepared by the University and if it is satisfied that the proposed fees is- (a) sufficient for (i) generating resources for meeting the recurring expenditure of the University; and (ii) the savings required for the further development of the University; and (b) not unreasonably excessive, it may approve the fees structure. (3) The fees structure approved by the committee under subsection (2) shall remain in force for three years and the University shall be entitled to charge fees in accordance with such fees structure. (4) The University shall not charge any fees, by whatever name called, other than that for which it is entitled under sub-section (3). ### 34. Examinations. - At the beginning of each academic session and in any case not later than 30th of August of every calendar year, the University shall prepare and publish a schedule of examinations for each and every course conducted by it and shall strictly adhere to the schedule. Explanation. - "Schedule of Examination" means a table giving details about the time, day and date of the commencement of each paper which is a part of a scheme of examinations and shall also include the details about the practical examinations: Provided that if, for any reason whatsoever, the University has been unable to follow this schedule, it shall, as soon as practicable, submit a report to the State Government incorporating the reasons for making a departure from the published schedule. The Government may thereon, issue such directions as it may deem fit for the compliance of the schedule. ### 35. Declaration of results. (1) The University shall strive to declare the results of every examination conducted by it within thirty days from the last date of the examination for that particular course and shall in any case declare the results latest within forty-five days from such date: Provided that if, for any reason whatsoever, the University is unable to finally declare the results of any examination within the aforesaid period of forty-five days, it shall submit a report incorporating the reasons for such delay to the State Government. The State Government may, thereon, issue such directions as it may deem fit. (2) No examination or the results of an examination shall be held invalid only for the reasons that the University has not followed the time schedule as stipulated in section 34 or, as the case may be, in section 35. ### 36. Convocation. - The convocation of the University shall be held in every academic year in the manner as may be prescribed by the Statutes for conferring degrees, diplomas or for any other purpose. ### 37. Accreditation of the University. - The University shall obtain accreditation from the NAAC, as per the norms of the NAAC and inform the State Government and such other regulating bodies which are connected with the courses taken up by the University about the grade provided by the NAAC to the University. The University shall get renewed such accreditation from time to time as per the norms of the NAAC. ### 38. University to follow rules, regulations, norms, etc. of the regulating bodies. - Notwithstanding anything contained in this Act, the University shall be bound to comply with all the rules, regulations, norms, etc. of the regulating bodies and provide all such facilities and assistance to such bodies as are required by them to discharge their duties and carry out their functions. ### 39. Annual report. (1) The annual report of the University shall be prepared by the Board of Management which shall include among other matters, the steps taken by the University towards the fulfilment of its objects and copy of the same shall be submitted to the Sponsoring Body. (2) Copies of the annual report prepared under sub-section (1) shall also be presented to the State Government. ### 40. Annual accounts and audit. (1) The annual accounts including balance sheet of the University shall be prepared under the directions of the Board of Management and the annual accounts shall be audited at least once in every year by the auditors appointed by the University for this purpose. (2) A copy of the annual accounts together with the audit report shall be submitted to the Board of Management. (3) A copy of the annual accounts and audit report along with the observations of the Board of Management shall be submitted to the Sponsoring Body. (4) Copies of annual accounts and balance sheet prepared under sub-section (1) shall also be presented to the State Government. The advice of the State Government, if any, arising out of the accounts and audit report of the University shall be placed before the Board of Management. The Board of Management shall issue such directions, as it may deem fit and compliance shall be reported to the State Government. ### 41. Powers of the State Government to inspect the University. (1) For the purpose of ascertaining the standards of teaching, examination and research or any other matter relating to the University, the State Government may cause an inspection, to be made in such manner as may be prescribed, by such person or persons as it may deem fit. (2) The State Government shall communicate to the University its recommendations in regard to the result of such inspection for corrective action. The University shall adopt such corrective measures and make efforts so as to ensure the compliance of the recommendations. (3) If the University has failed to comply with the recommendations made under sub-section (2) within a reasonable time, toe State Government may give such directions as it may deem fit for such compliance. ### 42. Powers of the State Government to call for information. (1) The State Government may call for information from the University relating to its working, functions, achievements, standard of teaching, examination and research or any other matters as it may consider necessary to judge the efficiency of the University in such form and within such time as may be prescribed by rules. (2) The University shall be bound to furnish the information as required by the State Government under sub-section (1) within the prescribed time. ### 43. Dissolution of the University by the Sponsoring Body. (1) The Sponsoring Body may dissolve the University by giving a notice to Ge effect in the prescribed manner to the State Government and the employees and the students of University at least one year in advance: Provided that dissolution of the University shall have effect only after the approval of the State Government and the last batches of students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards, as the case maybe. (2) On the dissolution of the University all the assets and liabilities of the University shall vest in the Sponsoring Body. ### 44. Special powers of the State Government in Certain circumstances. (1) If it appears to the State Government that the University has contravened any of the provisions of this Act or the Rules, Statutes or Ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carryout any undertakings given by it to the State Government or a situation of financial mismanagement or mal-administration has arisen in the University, it shall issue notice requiring the University to show cause within forty-five days as to why an order of its liquidation should not be made. (2) If the State Government, on receipt of reply of the University on the notice issued under sub-section (1) is satisfied that there is a prima facie case of contravening any of the provisions of this Act or the rules, Statutes or Ordinances made thereunder or of violating directions issued by it under this Act or of ceasing to carryout the undertakings given by it or of financial mismanagement or mal-administration, it shah make an order of such enquiry as it may consider necessary (3) The State Government shall, for the purposes of any enquiry under sub-section (2), appoint an inquiry officer or officers to inquire into any of the allegations and to make report thereon. (4) The inquiry officer or officers appointed under sub-section (3) shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act No. 5 of 1908) while trying a suit in respect of the following matters, namely:- (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any such document or any other material as may be predicable in evidence; and (c) requisitioning any public record from any court or office. (5) The inquiry officer or officers inquiring under this Act shall be deemed to be a civil court for the purposes of section 195 and Chapter 26 of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974). (6) On receipt of the enquiry report from the officer or officers appointed under sub-section (3), if the State Government is satisfied that the University has contravened any of the provisions of this Act or the rules. Statutes or Ordinances made thereunder or has violated any of the directions issued by it under this Act or has ceased to carryout the undertakings given by it or a situation of financial mismanagement and mal-administration has arisen in the University which threatens the academic standard of the University, it shall make orders for liquidation of the University and appoint an administrator and thereupon the authorities and officers of the University shall be subject to the order and direction of the administrator. (7) The administrator! appointed under sub-section (6) shall have all the powers and be subject to all the duties of the Board of Management under this Act and shall administer the affairs of the University until the last batch of the students of the regular courses have completed their courses and they have been awarded degrees, diplomas or awards as the case may be. (8) After having been awarded the degrees, diplomas or awards, as the case may be, to the last batches of the students of the regular courses, the administrator shall make a report to the effect to the State Government. (9) On receipt of the report under sub-section (8), the State Government shall, by a notification in the Official Gazette, issue an order dissolving the University and from the date of publication of such notification the University shall stand dissolved and all the assets and liabilities of the University shall vest in the Sponsoring Body from such date. ### 45. Power to make rules. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) All rules made under this Act shall be laid, as soon as may be after they are so made, before the House of the State Legislature, while it is in session, for a period of not less than fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which they are so laid or of the session immediately following, the House of the State Legislature makes any modification in any such rules or resolves that any such rules should not be made, such rules shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder. ### 46. Power to remove difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty: Provided that no order under this section shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be after it is made, shall be laid before the House of the State Legislature. ### 47. The Act to have overriding effect. - The provisions of this Act and the rules, Statutes, Ordinances made thereunder shall have effect notwithstanding anything to the contrary contained in any other law, for the time being in force, relating to the matters in respect of which the State Legislature has exclusive power to make laws. ### 48. Repeal and savings. (1) The Singhania University, Pacheri Bari (Jhunjhunu) Ordinance, 2007 (Ordinance No. 6 of 2007) is hereby repealed. (2) Notwithstanding such repeal, all things done, actions taken or orders made under the said Ordinance shall be deemed to have been done, taken or made under this Act. I --- Infrastructure ### 1. Land: - 30 Acres of Land comprising in Khasra No. 1835 of Village Pacheri Kalan, Tehsil Buhana, Distt. Jhunjhunu (Raj.) ### 2. Building: - | | | | | --- | --- | --- | | (i) | Administrative Block | | | | (a) Number & Category of Units: | 10 | | | [Category of Units | No. of Units | | | Reception | 01 | | | Chancellor Office | 01 | | | Vice Chancellor Office | 01 | | | Registrar Office | 01 | | | Finance and Chief Accounts Officer's Office | 02 | | | Conference Hall | 01 | | | Controller of Examination | 01 | | | Examination record room | 02] | | | (b) Measurement of total covered area: 1313.57 Sq.Mtr. | | (ii) | Academic Block: | | | | (a) Number & Category of Units: | 52 | | | [Category of Units | No. of Units | | | Law Department | 07 | | | Management Department | 08 | | | Science & Technology | 20 | | | Allied Health Science | 07 | | | Biotech/Bioinformatics | 10] | | | (b) Measurement of total covered area: 5495.083 Sq.Mtr. | | (iii) | Residential Block: | | | | (a) Teachers/Officers residence: | | | (i) Number & Category of Units : | 19 | | | [Category of Units | No. of Units | | | Professors/Officers | 07 | | | Associate Professors | 06 | | | Lecturers/Assistant Professors | 06] | | | (ii) Measurement of total covered area : | 2832.478 Sq. 478. Mtr. | | | (b) Students residence : | | | (i) Number & Category of Units: | 2 | | | [Category of Units | No of Units | | | Boys Hostel | 1 | | | Girls Hostel 1] | 1] | | | (ii) Measurement of total covered area: | 2639.813 Sq.Mtr. | ### 3. Faculty | | | | --- | --- | | Professor | 07 | | Associate Professor | 07 | | Assistant Professor | 24 | | Other staff | 20 | ### 4. Academic Facilities | | | | | | | | --- | --- | --- | --- | --- | --- | | | | | Category | | No. of Books | | (i) | Library: Number of Books(subject wise &category wise) | | Law: Management: Science& Technology: Bio informatics/Biotechnology: | | 3882 1145 2461 346 | | | | | | | | | | | | Category | | No. of Equip./Material | | | | | | | | | (ii) | Laboratory: Number/Class/Category of materialand equipment | | Science & Technology: Bio informatics/Biotechnology: | | 1458 357 | | | Laboratory Materials available with our institute are of research grade. These laboratory materials will be used by Post Graduate, Under Graduate and research students. | | (iii) | Reading room:Availability of readingmaterial (number/category/frequency) | | Reading Room:Reading Material:Daily Newspaper(Hind/English):Weekly Magazine:Fortnightly Magazine:Monthly Magazine:Quarterly Magazine: | | 35212610204 | | | These are on the subject of General Knowledge/ Information and on subjects taught. | | (iv) | Other facilities: | | | | Broad Band Internet facility room and Health care medical facility room. | ### 5. Facilities for Co-curricular Activities: - | | | | --- | --- | | (i) Indoor facilities : | Badminton Table TennisChess GymnasiumCarom Board | | (ii) Outdoor facilities: | Volley BallFootballHockey,CricketBasket BallSwimmingHorse ridingShot putDiscussLawn Tennis | II ---- Disciplines in which university shall undertake study and research ### 1. Law. - Bachelor of Laws (Integrated) /Bachelor of Arts and Bachelor of Laws Master of Laws Master of Business Administration & Bachelor of Laws Bachelor of Technology & Bachelor of Laws Bachelor in Business Administration & Bachelor of Laws Bachelor in Science & Bachelor of Laws ### 2. Management. - Master of Business Administration Master of Business Administration - International Business Master of Business Administration in Entrepreneurship and Leadership Bachelor of Business Administration Diploma in Financial Management Diploma in Human Resource Management Diploma in Operations Management Diploma in Retail Management Diploma in Customer Relation Management Diploma in Competitive Intelligence & Corporate Welfare Certificate in Financial Management Certificate in Human Resource Management Certificate in Operation Management Certificate in Retail Management Certificate in Customer Relation Management Certificate in Competitive Intelligence & Corporate Welfare Master of Business Administration in Hospitality & Hotel Management Diploma in Hospitality & Hotel Management Certificate in Hospitality & Hotel Management Master of Business Administration in insurance Management Diploma in Insurance Management ### 3. Science & Technology. - Bachelor of Technology in Electronics & Communication Engineering Bachelor of Technology in Electrical Engineering Bachelor of Technology in Automobile Engineering Bachelor of Technology in Computer Science & Engineering Bachelor of Technology in Information Technology Bachelor of Technology in Civil Engineering Bachelor of Technology in Mechanical & Automation Engineering Bachelor of Technology in Instrumentation & Control Engineering Bachelor of Technology in Aerospace Engineering Bachelor of Fine Arts in Animation Master of Technology in Electronics & Communication Engineering Master of Technology in Civil Engineering Master of Technology in Automobile Engineering Master of Technology in Computer Science & Engineering Master of Technology in Information Technology Master of Technology in Mechanical & Automation Engineering Master of Technology in Instrumentation & Control Engineering Master of Technology in Aerospace Engineering Bachelor of Technology in Nano-Technology and Nano-Sciences Master of Technology in Nano-Technology and Nano-Sciences Diploma in Nano-Technology and Nano-Sciences Certificate in Nano-Technology and Nano-Sciences ### 4. Bio-information / Bio Technology. - Bachelor of Technology in Biotechnology Bachelor of Technology in Bioinformatics Master of Science in Biotechnology Master of Science in Bioinformatics Bachelor of Science (Honours) in Medical Biotechnology Bachelor of Science (Honours) in Biotechnology Bachelor of Science in Biotechnology Master of Science in Bioinformatics Master of Science in Microbiology & Herbal Medicines Master of Business Administration in Biotechnology Management Integrated Master of Technology in Biotechnology Post Graduate Diploma in Herbal & Microbial Biotechnology Diploma in Bio-Science Applications Diploma in Fermentation Technology Certificate in Bio-Technology Lab Management Certificate in Clinical Trial Management ### 5. Humanities. - Master of Arts in Counseling Psychology Master of Arts in Clinical Psychology Master of Arts in Organizational Behavior Master of Arts in Forensic Science Master of Science in Anthropology Bachelor of Arts (Honours) in Psychology Bachelor of Arts in Forensic Science Bachelor of Science in Anthropology Diploma in Counseling Psychology Diploma in Clinical Psychology Diploma in Organizational Behavior Diploma in Forensic Sciences Certificate in Counseling Psychology Certificate in Clinical Psychology Certificate in Organizational Behavior Certificate in Forensic Sciences

65bab860ab84c7eca86ec65b

acts

NCT Delhi - Act ----------------- Delhi Entertainments and Betting Tax Act, 1996 ------------------------------------------------ DELHI India Delhi Entertainments and Betting Tax Act, 1996 ================================================ Act 8 of 1997 --------------- * Published on 8 October 1997 * Commenced on 8 October 1997 Delhi Entertainments and Betting Tax Act, 1996 (Delhi Act 8 of 1997 ) Last Updated 18th January, 2020 [Dated 8.10.1997.] As passed by the Legislative Assembly of the National Capital Territory of Delhi Chapter I Preliminary -------------------------- ### 1. Short title, extent and commencement. (1) This Act may be called the Delhi Entertainments and Betting Tax Act, 1996. (2) It extends to the whole of the National Capital Territory of Delhi. (3) It shall come into force on such [date] [Enforceable w.e.f. 1-4-1998.] as the government may, notification in the Official Gazette, appoint. ### 2. Definitions. - In this Act, unless the context otherwise require,- (a) [ "addressable system" means an electronic device or more than one electronic devices put in an integrated system through which television signals and value added services can be sent in encrypted or unencrypted form, which can be decoded by the device or devices at the premises of the subscriber within limits of the authorization made, on the choice and request of such subscriber, by the service provider to the subscriber; [Substituted for existing clause (a) by the Delhi Entertainments and Betting Tax (Amendment) Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] (aa) "admission to an entertainment" includes admission to any place in which the entertainment is held and in case of entertainment through cable service and direct-to-home (DTH) service with or without cable connection, each connection to a subscriber shall be deemed to be an admission for entertainment] (b) "appellate authority" means the appellate authority appointed under section 5 of this Act; (c) [ "assessing authority" means the Entertainment and Betting Tax Officer and includes Additional Entertainment and Betting Tax Officer and Assistant Entertainment and Betting Tax Officer;] [Substituted, Act, 2009 (Delhi Act 2 of 2010).] (d) "backer" includes any person with whom a licensed book-maker bets; (e) "bet" includes 'wager'; (f) "book-maker" means any person who, whether on his own account or as servant or agent of any other person, carries on, whether occasionally or regularly, the business of receiving or negotiating bets or who in any manner holds himself, out or permits himself to be held out in any manner, as a person, who receives or negotiates bets, or conducts such operations, and includes a 'turf commission agent'; so, however, that a person shall not be deemed to be a book-maker by reason only of the fact that he operates, or is employed in operating, a totalizator; (fa) "broadcaster" means any person including an individual, group of persons, public or body corporate, firm or any organization or body, who or which is providing programming services and includes his or her authorized distribution agencies; (fb) "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; (g) "cable service" means the transmission by cables of programme including re-transmission by cables of any broadcast television signals; (h) "cable television network" means any system consisting of a set of closed transmission paths and associated signal generation/control and distribution equipment, designed to provide cable service for reception by multiple subscribers; (ha) [ "direct-to-home (DTH) service" means distribution of multi-channel television and radio programmes and similar content by using a satellite system, by providing signals directly to subscriber's premises without passing through an intermediary or otherwise;] [Inserted by the Delhi Entertainments and Betting Tax (Amendment) Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] (i) "entertainment" means any exhibition, performance, amusement, game, sport or race (including horse race) or in the case of cinematograph exhibitions, cover exhibition of news-reels, documentaries, cartoons, advertisement shorts or slides, whether before or during the exhibition of a feature film or separately, and also includes entertainment through cable service '[and direct-to-home (DTH) service]; (j) "government" means the Government of the National Capital Territory of Delhi; (k) "licensed book-maker" means a book-maker who holds a licence under section 20; (ka) [ "multi-system operator (MSO)" means any person including an individual, group of persons, public or body corporate, firm or any other organization or body, who or which is engaged in the business of receiving television signals and value added services from a broadcaster or his authorized agencies and distributing the same or transmitting his own programming service including production and transmission of programmes and packages, directly to the multiple subscribers or through one or more cable operators and includes its authorized distribution agencies by whatever name called;] [Inserted by the Delhi Entertainments and Betting Tax (Amendment) Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] (l) "notification" means a notification published in the Official Gazette; (m) "payment for admission" includes- (i) any payment made by a person for seats or other accommodation in any form in a place of entertainment; (ii) any payment for cable service; (iii) 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 or enjoyment of the entertainment, which without the aid of such instrument or contrivance such person would not get; (iv) any payment, by whatever name called for any purpose whatsoever, connected with an entertainment, which a person is required to make in any form as a condition of attending, or continuing to attend the entertainment, either in addition to the payment, if any, for admission to the entertainment or without any such payment for admission; (v) 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; (vi) [ any payment made by a person by way of contribution, subscription, installation or connection charges or any other charges collected in any manner whatsoever for entertainment through direct-to-home (DTH) broadcasting service for distribution of television signals and value added services with the aid of any type of addressable system, which connects a television set, computer system at a residential or non- residential place of subscriber's premises, directly to the satellite or otherwise.] [Inserted by the Delhi Entertainments and Betting Tax (Amendment) Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] [Explanation 1. [[Substituted by Delhi Act 12 of 2012, dated 21-9-2012, w.r.e.f. 14-1998. Prior to substitution, Explanation read as under: 'Explanation : Any subscription raised, contribution received or donation collected in connection with an entertainment, where admission is partly or entirely by tickets/invitation specifying the amount of admission or reduced rate of ticket shall be deemed to be payment for admission;']] - Any subscription raised, contribution received or donation collected in connection with an entertainment, where admission is partly or entirely by tickets/invitation specifying the amount of admission or reduced rate of ticket shall be deemed to be payment for admission; Explanation 2. - Any sponsorship amount paid or value of goods supplied or services rendered or benefits provided to the organizer of an entertainment programme in lieu of advertisement of sponsor's product/brand name or otherwise shall be deemed to be payment for admission;] (n) "prescribed" means prescribed by rules made under this Act; (o) "proprietor" in relation to any entertainment includes any person- (i) connected with the organisation of the entertainment, or (ii) charged with the work of admission to the entertainment, or (iii) responsible for, or for the time being in charge of, the management thereof; (iv) [ having licence to provide direct-to-home (DTH) service, by the Central Government under section 4 of the Indian Telegraph Act, 1885 (13 of 1885), and the Indian Wireless Telegraphy Act, 1933 (17 of 1933) and also include service provider of cable television signals and value added services, registered or licensed under the Cable Television Network (Regulation) Act, 1995 (7 of 1995);] [Inserted by the Delhi Entertainments and Betting Tax (Amendment) Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] (p) "race dub" includes a body of persons, corporate or incorporate, society, club or other association- (i) formed for the purpose of promoting horse racing or pony racing or for holding race /fleeting, or (ii) conducting or controlling such meetings; (pa) [ "set top box" means an apparatus, connected to a television set or computer system at a residential or non-residential place which receives decrypted television signals and radio services to the television set or computer set, which enables the viewers to tune into multi-channel television or radio content; [Inserted by the Delhi Entertainments and Betting Tax (Amendment) Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] (pb) "service provider" includes any person licensed or registered under the Indian Telegraph Act, 1885 (13 of 1885), the Cable Television Networks (Regulation) Act, 1995 (7 of 1995), the Indian Wireless Telegraphy Act, 1933 (17 of 1933) and any other Act for providing, television and radio signals and is providing entertainment;] (q) "society" includes a company, institution, dub or other association of persons by whatever name called; (r) "steward" in relation to a race dub includes any person- (i) connected with the organisation of the race dub, or (ii) responsible for, or for the time being in charge of, the management thereof; (s) [ "subscriber" means a person who receives the signals of television network and value added services from multi-system operator or from cable operator or from direct-to-home (DTH) broadcasting service at a place indicated by him to the service provider, without further transmitting it to any other person. [Inserted by the Delhi Entertainments and Betting Tax (Amendment) Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] Explanation I. - In case of hotels, each room or premises where signals of cable television network are received shall be treated as a subscriber. Explanation II. - In case of direct-to-home (DTH) , every television set or computer set receiving the signals shall be treated as a subscriber;] (t) "tax" means entertainment tax, betting tax or the totalizator tax, as the case may be, and includes surcharge, cess, penalty or any other charge levied under this Act; (u) "ticket" means a ticket or a complimentary pass for the purposes of securing admission to an entertainment in accordance with the provisions of this Act or the rules made thereunder and a "duplicate ticket", means a ticket or set of tickets used or intended to be used otherwise than in accordance with this Act or the rules made thereunder; (v) "totalizator" means a totalizator in an enclosure which the stewards controlling a race meeting have set apart for the purpose, and includes any instrument, machine or contrivance known as the totalizator, or any other instrument, machine or contrivance of a like nature, or any scheme for enabling any number of persons to make bets with one another on like principles but does not include a book-maker; (w) "video cinema" means any place were exhibition of cinematograph film or moving pictures or series of pictures in public organised by playing or replaying of pre-recorded cassette by means of a video cassette player or recorder either on the screen of a television set or video-scope or otherwise is provided for commercial purposes. Chapter II Entertainment Tax and Betting Tax Authorities ------------------------------------------------------------- ### 3. Entertainment tax and Betting tax authorities. (1) For carrying out the purposes of this Act, the Government shall, by notification, appoint a person to be the Commissioner of Entertainment and Betting Tax. (2) To assist the Commissioner in the execution of his functions under this Act, the Government may appoint as many Deputy Entertainment Tax and Betting Tax Commissioners, Entertainment and Betting Tax Officers, Additional Entertainment and Betting Tax Officers, [Assistant Entertainment and Betting Tax Officers,] [Inserted by the Delhi Entertainments and Betting Tax (Amendment) Act, 2009 (Delhi Act 2 of 2010), dated, 5-1-2010, w.e.f. 1-2-2010.] Inspectors, Sub-Inspectors and such other persons with such designations as the Government thinks necessary. (3) The Commissioner shall have jurisdiction over the whole of the National Capital Territory of Delhi and the other person(s) appointed under sub-section (2) shall have jurisdiction either over the whole of the National Capital Territory of Delhi or such areas or subjects as the Commissioner may specify. (4) The Commissioner appointed under sub-section (1), and other officers appointed under sub-section (2) shall exercise such powers as may be conferred, and perform such duties, as may be required, by or under this Act. ### 4. Delegation. (1) The Government may, by notification, delegate all or any of its powers under this Act, except those under sections 3, 6, 7 and 45 to any person or authority ordinate to it. (2) The exercise of any powers delegated under sub-section (1) shall be subject to such restrictions, limitations or conditions as maybe laid down by the Government from time to time and shall also be subject to control and revision by Government at any time. ### 5. Appellate authority. - The Government shall as soon as may be after the commencement of this Act, appoint and notify an authority to be called the "appellate authority" to exercise the powers and discharge the functions conferred on the appellate authority by or under this Act. Chapter III Entertainment Tax ---------------------------------- ### 6. Tax on payment for admission to entertainment. (1) Subject to the provisions of this Act, there shall be levied and paid on all payments for admission to any entertainment, other than an entertainment to which section 7 applies, an entertainment tax at such rate not exceeding one hundred per cent of each such payment as the Government may from time to time [notify] [Government of National Capital Territory of Delhi vide Notification No. F. 12(3) /Fin (Rev-1)/2015-16 /DSF-V1/541, dated 15-7-2015, w.e.f. 20-7-2015, notifies that the rate of entertainment tax on payment for admission in respect of all cinematographic exhibition of films in NCT of Delhi, shall be 40 percent.] in this behalf, and the tax shall be collected by the proprietor from the person making the payment for admission and paid to the Government in the manner prescribed. (2) Nothing in sub-section (1) shall preclude the Government from notifying different rates of entertainment tax for different classes of entertainment or for different payments for admission to entertainment. (3) Where the payment for admission to an entertainment together with the tax is not a multiple of fifty paise, then notwithstanding anything contained in sub-section (1) or sub-section (2) or any notification issued thereunder, the tax shall be increased to such extent and be so computed that the aggregate of such payment for admission to entertainment and the tax is rounded off to the next higher multiple of fifty paise, and such increased tax shall also be collected by the proprietor and paid to the Government in the manner prescribed. (4) If in any entertainment, referred to in sub-section (1), to which admission is generally on payment, any person is admitted free of charge or on a concessional rate, the same amount of tax shall be payable as if such person was admitted on full payment. (5) Where the admission to a place of entertainment is generally on payment, and if any entertainment is held in lieu of the regular entertainment programme without payment of admission or with payment of admission less than what would have been paid in the normal course, the proprietor shall be liable to pay tax which would have been payable in a normal course at full house capacity or the tax for the programme held in lieu of the regular entertainment programme, whichever is higher. (6) Where the payment for admission to an entertainment, referred to in sub-section (1), is made wholly or partly, by means of a lump sum paid as subscription, contribution, donation or otherwise, the tax shall be paid on the amount of such lump sum and on the amount of payment for admission, if any, made otherwise. (7) Where in a hotel or a restaurant, or a club, entertainment is provided by way of cabarets, floor shows, or entertainment is organised on special occasion along with any meal or refreshment with a view to attract customers, the same shall be taxed at a rate to be notified under sub-section (1). ### 7. [Tax on cable, video service and direct-to-home (DTH) service] [Substituted for the heading 'Tax on cable and video service' by the Delhi Entertainments and Betting Tax (Amendment) Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] . - [(1) Subject to the provisions of this Act, there shall be levied and paid an entertainment tax on all payments for admission to an entertainment through a direct-to-home (DTH) or through a cable television network with addressable system or otherwise, other than entertainment to which section 6 applies, at such rates not exceeding rupees six hundred for every subscriber for every year as the Government may, from time to time, notify in this behalf, which shall be collected by the proprietor and paid to the Government in the manner prescribed.] [Substituted, Act, 2009 (Delhi Act 2 of 2010).] (2) Nothing in sub-section (1) shall preclude the Government from notifying different rates of entertainment tax for household, or for different categories of hotels. (3) Where the subscriber is a hotel or a restaurant; the proprietor may, in lieu of payment under sub-section (1), pay a compounded payment to the Government on such conditions and in such manner as may be prescribed and at such rate as the Government may, from time to time, notify and different rates of compounded payment may be notified for the different categories of hotels. (4) The proprietor of a video cinema shall be liable to pay entertainment tax at a rate to be notified by the Government from time to time in this behalf. (5) The tax payable under this section shall be paid, collected or realised in such manner as may be prescribed. ### 8. Information before holding entertainment. (1) No entertainment on which tax is leviable shall be held without prior information being given to the Commissioner in the manner prescribed. (2) No proprietor of a cable television network or video cinema [or Direct-to-Home (DTH)] [Inserted by the Delhi Entertainments and Betting Tax (Amendment) Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] shall provide entertainment unless he obtains permission from the Commissioner in the manner prescribed. (3) Notwithstanding anything contained in this Act or any other law for the time being in force, the Commissioner, or any other officer authorised by the Government in this behalf, may after giving reasonable opportunity of hearing to the proprietor, prohibit the holding of such entertainment and may also take all reasonable steps to ensure that order of prohibition is complied with, if he is satisfied that- (a) the proprietor has given any false information which is likely to result in the evasion of tax; (b) the proprietor has failed to deposit the security due; (c) the proprietor has committed breach of any of the provisions of this Act or the rules made thereunder. ### 9. Restriction of admission. - Save as otherwise expressly provided by or under this Act, no person (other than a person who has some specific duty to perform in connection with the entertainment, or duty imposed upon him by law, or a person authorised by the Government in this behalf) shall be admitted to any entertainment except with a ticket in the prescribed form denoting that the proper tax payable under section 6 has been paid. ### 10. Restriction on entry to entertainment. - No person (other than a person who has some specific duty to perform in connection with the entertainment, or duty imposed upon him by law, or a person authorised by the Government in this behalf) shall enter or obtain admission to an entertainment without being in possession of a proper ticket as required under section 9. ### 11. Manner of payment. - The Government may, on such conditions as may be prescribed, require the proprietor, to pay the amount of the tax payable under section 6. (a) by stamping the tickets with an impressed, embossed, engraved or adhesive stamp, issued by the Government for the purpose, denoting that the proper entertainment tax payable under section 6 has been paid; or (b) in accordance with returns of the payments for admission to the entertainment and on account of tax; or (c) by a consolidated payment of a percentage, to be fixed by the Government, of the gross sum received by the proprietor on account of payments for admission to the entertainment and on account of the tax; or (d) in accordance with results recorded by any mechanical contrivance which automatically registers the number of persons admitted. ### 12. Refund of tax. (1) Where the Commissioner is satisfied that the proprietor has deposited tax in excess of the amount actually due, he shall grant a refund in respect of such amount or allow its adjustment against future payments to tax. (2) When an entertainment is not completed for reasons beyond the control of the proprietor, and the Commissioner is satisfied that the proprietor has refunded the amount charged for the tickets, he shall remit the amount of tax payable in respect of such tickets and order the show to be treated as cancelled. ### 13. Deposit and forfeiture of security. (1) Every proprietor before holding an entertainment on which tax is leviable shall deposit such security and in such manner as may be prescribed. The Commissioner may deduct any arrears of tax from the security and may vary or forfeit the security in such manner as may be prescribed. (2) No order to forfeit the security shall be made under sub-section (1) unless, after giving the proprietor reasonable opportunity of being heard, the Commissioner is satisfied for reasons to be recorded that the proprietor has evaded the tax or violated the provisions of this Act or rules made thereunder. (3) Any person aggrieved by an order forfeiting the security may, within thirty days from the date of service of such order prefer an appeal to the appellate authority in such manner as may be prescribed and the order of the appellate authority shall be final. ### 14. Exemption. - '(1) The Government may, for promotion of arts, culture or sports, by general or special order, exempt any individual entertainment programme or class or entertainments from liability to pay tax under this Act. (2) The Government may, by general or special order, exemption public interest any class of audience or spectators from liability to pay tax under this Act. (3) Without prejudice to the generality of the provisions of sub-section (1) where the Government is satisfied that any entertainment,- (a) is wholly of an educational character; or (b) is provided partly for educational or partly for scientific purposes by a society not conducted or established for profit; or (c) is provided by a society not conducted for profit and established solely for - the purpose of promoting pubic health or the interests of agriculture, or a manufacturing industry, and consists solely of an exhibition of articles which are of material interest in connection with questions relating to public health or agriculture or are the products of the industry for promoting the interest whereof the society exists, or the materials, machinery appliances or foodstuff used in the production of such products, it may, subject to such terms and conditions as it may deem fit to impose, grant exemption to such entertainment from payment of tax under this Act: Provided that the Government may cancel such exemption if it is satisfied that the exemption was obtained through fraud or misrepresentation, or that the proprietor of such entertainment has failed to comply with any of the terms or conditions imposed or directions issued in this behalf and thereafter the proprietor shall be liable to pay the tax which would have been payable had the entertainment not been so exempted. (4) Where the Government is satisfied that the entertainment programme is not conducted for profit and the entire gross proceeds from payment for admission as defined in clause (1) of section 2 of an entertainment are to be devoted to philanthropic, religious or charitable purposes, without any deductions whatsoever on account of the expenses of the entertainment, it may, subject to the rules made under this Act, grant exemption to such entertainment from payment of tax under this Act on such terms and conditions as it may deem fit to impose. (5) Where any exemption from payment of tax is granted under sub-section (4), the proprietor of such entertainment shall furnish to the Commissioner such documents and records and in such manner as may be prescribed. (6) If the proprietor of an entertainment exempted under sub-section (4) fails to furnish the documents and records required under sub-section (5), or fails to comply with any conditions imposed or directions issued in this behalf, or if the Government is not satisfied with the correctness of such documents or records, the Government may cancel the exemption so granted and thereupon the proprietor shall be liable to pay the tax which would have been payable had the entertainment not been so exempted. (7) The Government may for reasons to be recorded in writing grant ipso facto exemption from payment of entertainment tax in respect of any programme. ### 15. Assessment of tax. (1) Where the assessing authority is satisfied that the proprietor of an entertainment- (a) has failed to give information or take permission as required under sub-section (1) or, as the case may be, under sub-section (2) of section 8; or (b) has failed to submit true and full returns in the prescribed form; or (c) has printed, distributed, possessed, sold or used duplicate tickets; or (d) has fraudulently evaded or attempted to evade, the payment of tax due in any manner whatsoever, it shall, after giving the proprietor a reasonable opportunity of being heard, assess to the best of its judgment, the amount of the tax due from the proprietor, and may also impose a penalty not exceeding two times of the tax due. (2) The amount of tax assessed by the assessing authority shall, together with any penalty that may be directed to be paid, be paid by the proprietor within a period of fifteen days from the date of service of notice of demand issued by the assessing authority. (3) Any person aggrieved by an order under sub-sections (1) and (2) may, within one month from the date of service of such order, prefer an appeal to the Commissioner in such manner as may be prescribed. (4) An appeal shall lie from an appellate order of the Commissioner passed under sub-section (3) to the appellate authority within one month from the date of service of such order, in such manner as may be prescribed, and the order of the appellate authority shall be final. ### 15A. [ Power to summon witnesses and production of documents. [Inserted by the Delhi Entertainments and Betting Tax (Amendment) Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] (1) The assessing, appellate or revising authority shall, for securing the attendance or for production of any document for the purpose of this Act, have all the powers conferred on a Civil Court under the provisions of the Code of Civil Procedure, 1908 (5 of 1908) for the purpose of- (a) summoning and enforcing the attendance of any person and examining him on oath or affirmation; and (b) compelling the production of any document connected with the assessment proceedings. (2) The authority referred to in sub-section (1) shall have powers to call for such information, particulars and records as he may require, from any person, including the broadcaster, cable operator, proprietor of direct-to-home, multi-system operator or the subscriber, for any purpose under this Act.] ### 16. Provision against resale of tickets. (1) Notwithstanding anything contained in section 56 of the Indian Assessment Act, 1882, a ticket for admission to an entertainment shall not be resold for profit. (2) No person shall sell, resell or purchase any ticket for admission to a cinematograph exhibition in respect whereof tax is payable under section 6, except from the enclosure set apart by proprietor for the purpose and in such manner as may be prescribed. ### 17. Inspections. (1) The Commissioner or any other officer authorised in this behalf by the Commissioner or by the Government, may, with such assistance as may be necessary; enter, inspect and search arty place of entertainment while the entertainment is proceeding, and any place ordinarily used as a place of entertainment or for keeping records connected therewith, at any reasonable time with a view to securing compliance of the provisions of this Act or the rules made thereunder. Explanation. - The expression "place of entertainment" in case of a cable service means the place from where the cable television network is operated. (2) Any officer referred to in sub-section (1) may require the proprietor, society or any person involved in payment for admission to produce for inspection before him or any other officer not below the rank of sub-Inspector, all details of account and other records relating to the entertainment as such officer may consider necessary. (3) Any officer referred to in sub-section (1) or sub-section (2) may take in his possession all such books of accounts and other records relating to the entertainment as he may consider necessary and shall give a receipt giving list of the documents and records taken in possession. (4) The proprietor of such place of entertainment shall give every reasonable assistance to every officer referred to in sub-sections (1) and (2). (5) Every officer referred to in sub-sections (1) and (2) shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. ### 18. Suspension or revocation of authorisation certificate for entertainment. (1) No proprietor having a licence under the Cinematograph Act, 1952 (Central Act 37 of 1952) shall charge payment for admission and collect entertainment tax without an authorisation to be called 'admission fee and tax collection authorisation certificate' from the Commissioner. (2) The Commissioner may, by order, revoke or suspend that authorisation certificate issued under sub-section (1) if he is satisfied that the proprietor has- (a) admitted any person to any place of entertainment without payment of tax; Or (b) failed to pay the tax or deposit security due from him within the time prescribed; or (c) fraudulently evaded the payment of any tax due under this Act; or (d) obstructed any officer in carrying out inspection, search or seizure of records; or (e) failed to produce the records required for inspection by any officer carrying out an inspection under this Act; or (f) contravened any other provision of this Act or the rules made thereunder or any order or direction issued under any such provision. (3) No order to revoke or suspend the 'admission fee and tax collection authorisation certificate' under sub-section (1) shall be passed without giving the holder of such certificate a reasonable opportunity of being heard. (4) Any person aggrieved by an order, revoking or suspending the 'admission fee and tax collection authorisation certificate' under sub-section (2) may, within one month from the date of communication of such order, prefer an appeal to the appellate authority in such manner as may be prescribed and the order of the appellate authority shall be final. (5) Where any 'admission fee and tax collection authorisation certificate' granted under sub-section (1) has revoked or suspended under this section, the Commissioner shall have the power to prevent such entertainment and may, for this purpose, take such steps as he may consider necessary in the circumstances of the case. Chapter IV Totalizator and Betting Tax ------------------------------------------- ### 19. Tax on totalizator and payment thereof. (1) There shall be charged, levied and paid to the Government, out of all moneys paid into any totalizator by way of stakes or bets, a totalizator tax at the prescribed percentage, not exceeding twenty per cent, of every sum so paid. (2) The stewards shall issue a ticket for each stake or bet received into the totalizator. (3) The tax shall be collected by the stewards and shall be paid to the Government in manner prescribed. (4) The stewards shall keep accounts-in the prescribed form of all the moneys paid into the totalizator and, at such times and in such manner as may be prescribed, forward to the Commissioner, or any other officer authorized by him in this behalf, a return stating the total amount of all the moneys paid into the totalizator. ### 20. [ Licence for book-maker. [Substituted by the Delhi Entertainments and Betting Tax (Amendment) Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] - No person shall act as a book-maker unless he obtains a licence from the Commissioner in the form and manner prescribed after making payment of licence fee as notified by the Government from time to time.] ### 21. Betting tax. (1) There shall be charged, levied and paid to the Government by the backer, a betting tax at a prescribed rate, and exceeding twenty per cent on all moneys paid or agreed to be paid to a licensed book-maker by a backer, as a bet on any race. (2) The betting tax shall be collected by the licensed book-maker along with the money laid by the backer with him and in case of credit bets at such time as may be prescribed. (3) The licensed book-maker shall issue a card for each bet laid with him, denoting the amount of bet. ### 22. Accounts of book-makers and procedure for making over betting tax to Government. (1) A licensed book-maker shall keep accounts of all sums paid or agreed to be paid to him as bets by backers in such manner as may be prescribed, and forward to the Commissioner, or any other officer authorised by him in this behalf, a return of all such sums in the form and manner prescribed. (2) All sums retained on account of the tax by a licensed book maker shall be deposited into the Government account at such time and in such manner as may be prescribed. ### 23. Restrictions on betting. (1) No person shall bet on the result of any race held or conducted by a race club except with a licensed book-maker and in an endo-sure approved by the Commissioner and set apart for this purpose by that club. (2) No person other than a licensed book-maker shall offer or receive bets on the result of any race held or conducted by a race club and no such bet shall be offered or received except in the enclosure referred to in sub-section (1). ### 24. Revocation, etc. of book-maker s licence. (1) Without prejudice to any other provisions of this Act, the Commissioner may, by order, revoke, or suspend the licence granted under section 20, if the licensee is guilty of contravention of the provisions of this Act or the rules made thereunder. (2) No order to revoke or suspend a licence shall be made under sub-section (1) without giving to the licensee a reasonable opportunity of being heard: Provided that where the Commissioner is of the opinion that the object of the action proposed to be taken would be defeated by the delay, he may, while or after communicating to the licensee the grounds on which the action is proposed, pass an interim order suspending the licence in the meantime. (3) Any person aggrieved by an order revoking or suspending any licence under this section may, within one month from the date of service of such order, prefer an appeal to the appellate authority in such manner as may be prescribed and the order of the appellate authority shall be final. ### 25. Refund to totalizator and betting tax. - Where any race, bets wherefore have been offered or accepted either at the totalizator or by a licensed book-maker is cancelled by the stewards, and the Commissioner is satisfied that the amount of such bets and the tax thereon,has been returned to the backers, he may remit the amount of the tax, and order the race to be treated as cancelled. ### 26. Inspection. - The officers empowered or authorised under section 17 shall have the power to make inspections to ensure compliance of the provisions of this Act and the rules made thereunder in respect of races, bookmaking, betting and the totalizator and all the provisions of the said section shall, mutatis mutandis apply to such inspection. Chapter V Penalties and Procedure -------------------------------------- ### 27. Penalty for admission and entry without tickets. (1) If any person liable to pay any tax under section 6 is admitted to a place of entertainment in contravention of the provisions of section 9, the proprietor of the entertainment to which such person is so admitted shall be punishable with a fine, not exceeding two thousand rupees. (2) Any person who enters or obtains admission to an entertainment in contravention of the provisions of section 10 shall be punishable with fine not exceeding twice the amount of tax due from him in addition to the amount of tax due. ### 28. Penalty for unauthorised sale and purchase of tickets. (1) Any person who sells any ticket in contravention of the provisions of- (a) sub-section (1) of section 16 shall be punishable with a fine not exceeding two thousand rupees; (b) sub-section (2) of said section shall be punishable with a fine not exceeding one thousand rupees. (2) Any person, who purchases any ticket in contravention of the provisions of section 16, shall be punishable with a fine not exceeding two times of value of the admission ticket. ### 29. Penalty for using duplicate tickets. - Every proprietor using or possessing a duplicate ticket shall be punishable with a fine not exceeding ten thousand rupees. ### 30. Penalty for unauthorised betting. (1) Any person who bets in contravention of the provisions of sub-section (1) of section 23 shall be punishable with a fine not exceeding ten thousand rupees. (2) Any person who offers or receives bets in contravention of the provisions of sub-section (2) of section 23 shall be punishable with a fine not exceeding ten thousand rupees. ### 31. Penalty for obstructing inspecting officers. - If any person prevents the entry of any officer duly authorised in this behalf or otherwise Obstructs such officer in the discharge of his duties imposed by or under this Act or the rules made thereunder, such person shall be punishable with a fine not exceeding five thousand rupees. ### 32. Penalty for entertainment which is prohibited or when authorisation certificate thereof is revoked or suspended. - Whoever holds any entertainment while it is prohibited under sub-section (3) of section 8 or while the 'admission fee and tax collection authorisation certificate' for such entertainment remains suspended or revoked under sub-section (2) of section 18, shall be punishable with fine not exceeding five thousand rupees. ### 33. Penalty for other offence. - Any person who contravenes any other provisions of this Act or the rules made , thereunder or fails to comply with any order or direction issued in accordance with the provisions of this Act or the rules made thereunder, shall be punishable with a fine not exceeding two thousand rupees. ### 34. Enhanced penalty after previous conviction. - Whoever having been convicted of an offence punishable under sub-section (1) of section 27, or clause (a) of sub-section (1) of section 28, or section 29, or section 33 is again found guilty of an offence punishable under the same provision, shall be subject for every such subsequent offence, to a fine which may extend to two times of the amount of fine provided in such provision. ### 35. 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 punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of the 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 offence is attributable to any negligence on the part of any managing agent, secretary, treasurer, director, manager or any other officer of the company, such managing agent, secretary, treasurer, director, manager or other officer of the company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation. - For the purpose of this section,- (a) "company" means any body corporate and includes a firm or other association of individuals, and (b) "director" in relation to a firm, means a partner in the firm. ### 36. Bar of jurisdiction of civil courts. - No civil court shall have jurisdiction to decide, or to deal with any question, which is by or under this Act required to be decided or dealt with, by the Government, or the Commissioner, or any other officer authorised by the Government. ### 37. Compounding of offence. (1) Any offence punishable under this Act may be compounded by the Commissioner, either before or after the institution of the prosecution in relation of such amount of composition fees, as he thinks fit, but not exceeding the maximum amount of fine fixed for the offence. (2) The proceedings instituted in the court shall abate if the offence has been compounded under sub-section (1). ### 38. Cognizance of offence. (1) No court shall take cognizance of any offence punishable under this Act or rules made thereunder except on complaint by, or with the previous sanction in writing of, the Commissioner. (2) No court inferior to that of a Metropolitan Magistrate shall try any offence punishable under this Act or rules made thereunder. Chapter VI Miscellaneous ----------------------------- ### 39. [ Recovery of tax. [Substituted by the Delhi Entertainments and Betting Tax (Amendment) Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] (1) The amount of any tax, interest, penalty or other amount due under any provision of this Act shall, without prejudice to any other mode of recovery available to the Government under any other law for the time being in force, be recoverable as arrears of land revenue. (2) If the tax, interest, penalty or other amount due has not been deposited within the specified time, a recovery certificate to the Collector for recovery of the same shall be issued in such manner as may be prescribed. (3) For the purposes of recovery of any amount recoverable as arrears of land revenue under this Act, the provisions of the Delhi Land Reforms Act, 1954 (Delhi Act 8 of 1954 ), as to the recovery of arrears of land revenue shall, notwithstanding anything contained in that Act or in any other enactment, be deemed to be in force throughout Delhi and the provisions of the Revenue Recovery Act, 1890 (1 of 1890) shall have effect accordingly. (4) For the purposes of recovery of any amount recoverable as arrear of land revenue under this Act,- (a) the Deputy Entertainment Tax and Betting Tax Commissioner shall have and exercise all the powers and perform all the duties of the Deputy Commissioner under the Delhi Land Reforms Act, 1954 (Delhi Act 8 of 1954 ); (b) the Entertainment Tax Officer and Additional Entertainment Tax Officer shall have and exercise all the powers and perform all the duties of the Revenue Assistant under the Delhi Land Reforms Act, 1954 (Delhi Act 8 of 1954 ); (c) the Assistant Entertainment Tax Officer shall have and exercise all the powers and perform all the duties of Tahsildar under the Delhi Land Reforms Act, 1954 (Delhi Act 8 of 1954 ).] ### 39A. [ Special mode of recovery. [Inserted, Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] (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 person at his last known address, require,- (a) any person from whom any amount of money is due, or may become due, to the person (in this section called "the taxpayer") liable to pay tax, interest, penalty or any amount due under this Act; or (b) any person who holds or may subsequently hold money for or on account of the taxpayer, to pay to the Commissioner, either forthwith upon the money becoming due or being held so much of the money as is sufficient to pay the amount due by the taxpayer in respect of the arrears of tax, interest, penalty or any other amount under this Act, or the whole of the money when it is equal to or less than that amount. (2) The Commissioner may amend or revoke any such notice or extend the time for making any payment in pursuance of the notice. (3) Any person making any payment in compliance with a notice under this section shall be deemed to have made the payment under the authority of the taxpayer, and the receipt thereof by the Commissioner shall constitute a good and sufficient discharge of the liability of such persons to the extent of the amount specified in the receipt. (4) Any person discharging any liability to the taxpayer 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 dealer for unpaid tax, penalty and interest. (5) Where a person to whom a notice under this section is sent, proves to the satisfaction of the Commissioner that the sum demanded or any part thereof is not due to the taxpayer or that he does not hold any money for or on account of the taxpayer, then, nothing contained in this, section shall be deemed to require such person to pay any such sum or part thereof, as the case may be, to the Commissioner. (6) Any amount of money which the aforesaid 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 if arrears of land revenue from the aforesaid person. (7) The Commissioner may apply to the court in whose custody there is money belonging to the taxpayer for payment to him of the entire amount &such money or if it is more than the tax, interest and penalty, if any, due, an amount sufficient to discharge such tax, interest and the penalty.] ### 40. Interest. - If any proprietor fails to pay tax due as required under the provisions of this Act, or the rules made thereunder, he shall, in addition to tax (including any penalty) due, be liable to pay simple interest on the amount so due at one and a half per cent per month from the date immediately following the last date for payment of tax for a period of one month, and at two per cent per month thereafter so long as he continues to make default in such payment. ### 41. Bar on certain proceedings. - No action shall lie against the Government or any of its officers or servant for any act done or purporting to be done in good faith under this Act or the rules made thereunder. ### 42. Revision. - The Commissioner may suo moto or on the application of a party to a reference call for and examine the record of any proceeding under this Act pending before, or disposed of by, any officer subordinate to him, and, if he is of opinion that the proceedings taken or order made should be modified, annulled, reversed or revised, he may pass such order thereon as he may deem fit: Provided that the Commissioner shall not under this section pass an order modifying, annulling, reversing or revising any proceeding or order of a subordinate officer and affecting the proprietor without giving such proprietor an opportunity of being heard. ### 43. Rectification or review. (1) The Commissioner, or any person appointed under sub-section (2) of section 3 may, at any time within one year from the date of any order passed by the Commissioner or by that person, as the case may be, 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 or reducing the amount of refund, unless the Commissioner or the person appointed under sub-section (2) of section 3 to assist him, as the case maybe, has given notice in writing to the person likely to be affected by the order, of his intention to do so and has allowed such person a reasonable opportunity of being heard. (2) Save as provided and subject to such rules as may be prescribed, any assessment made or order passed under this Act or the rules made thereunder by any person appointed under section 3 or by the appellate authority may be reviewed by such person or appellate authority, as the case maybe, suo moto or upon an application made in that behalf: Provided that if any order passed is likely to affect any person adversely, such person shall be given a reasonable opportunity of being heard. ### 44. Repeal and saving. (1) The United Provinces Entertainments and Betting Tax Act, 1937 as extended to the National Capital Territory of Delhi is hereby repealed. (2) Repeal of the Act referred to in sub-section (1) shall not affect any liability of any tax incurred before the date of such repeal, and proceedings pending on the said date before any competent authority or court and all proceedings instituted after the commencement,of this Act and relating to any such liability as aforesaid shall be continued and disposed of, or instituted or disposed of, as the case may be, as if this Act has not been passed: Provided that all rules made, notifications published, powers conferred and other things done or purported to have been done under the said Act and in force on the commencement of this Act shall, so far as they are not inconsistent with the provisions of this Act, be deemed to have been made, published, conferred or done under this Act. ### 45. Power to make rules. (1) The 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) collection of tax and payment thereof in the Government account by the proprietor; (b) prescription of conditions and manner of payment of compounded tax to the Government in relation to a hotel or restaurant providing video cable service and the manner of collection or realisation of such tax; procedure for giving prior information to the Commissioner for holding entertainment on which tax is leviable and for obtaining permission for holding entertainment by the proprietor of cable television network or direct-to-home (DTH) or video cinema halt (d) prescription of condition regarding manner of payment of tax under section 6; (da) [ prescribing the manner of payment of entertainment tax to the Government in respect of entertainments described in section 7;] [Inserted, Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] (e) procedure for furnishing security for holding an entertainment, the manner and conditions under which the security can be forfeited or the manner in which appeal can be filed against the order of forfeiture of the security; (f) making of rules subject to which exemption under sub-section (4) of section 14 may be granted and prescribing the manner of furnishing documents and record of such exempted entertainments to the Commissioner; (g) prescription of form for submission of return under clause (b) of sub-section (1) of section 15 and the manner in which appeals may be filed against orders passed under sub-sections (1), (2) and (3) of said section; (h) prescribing manner under sub-section (2) of section 16 to sell, re-sell or purchase ticket for admission to a cinematograph exhibition; (i) making rules for inspecting and searching places of entertainment, etc. under section 17; (j) prescribing the manner of preferring appeal under sub-section (4) of section 18; (k) prescription of percentage of totalizator tax payable to the Government, the manner of collection such tax, forms for keeping accounts by stewards, intervals at which, and the manner in which accounts to be forwarded to the Commissioner under section 19; (l) [ prescription of form, manner and licence fee for obtaining book-makers licence;] [Substituted by the Delhi Entertainments and Betting Tax (Amendment) Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] (m) prescription of rate of betting tax payable to Government and intervals of collection of such tax in case of credit bets; (n) prescribing the manner of keeping accounts by licensed book-makers, form and manner in which return to be filed and procedure and intervals for making over betting tax to Government; (o) prescribing the manner of preferring appeal under sub-section (3) of section, 24 against an order of revocation or suspension of book-maker's licence; (p) prescription of manner in which recovery certificate to collector to be issued under sub-section (2) of section 39; (q) making rules for reviewing assessment made or orders passed under this Act or the rules made thereunder as referred to in sub-section (2) of section 43; (44a) [ prescribing the conditions for conducting special audit under section 45A;] [Substituted by the Delhi Entertainments and Betting Tax (Amendment) Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] (r) any other matter which is required to be, or may be, prescribed. (3) Every rules made under this Act shall be laid, as soon as may be after it is made, before the House of Legislative Assembly of the National Capital Territory of Delhi while it is in session for a total period of thirty days which may be comprised in brie session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the house agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. ### 45A. [ Power of the Commissioner to issue direction for special audit. [Inserted by the Delhi Entertainments and Betting Tax (Amendment) Act, 2009 (Delhi Act 2 of 2010), dated 5-1-2010, w.e.f. 1-2-2010.] (1) If, at any stage of the proceedings under this Act, the Commissioner, having regard to the nature of the entertainment event and complexity of the transactions made by the proprietor of the entertainment event and the interest of the revenue, is of the opinion that it is necessary to do so, he may direct the proprietor by a notice in writing to get his records including books of accounts, examined and audited by an Accountant or a panel of Accountants or any other professional or panel of professionals nominated by the Commissioner in this behalf and to furnish a report of such examination and audit in the format that he may specify, duly signed and verified by such Accountant or panel of Accountants or professional or panel of professionals and setting forth such particulars as may be prescribed. (2) Every report under sub-section (1) shall be furnished by the proprietor of the entertainment event to the Commissioner within such period as may be specified by the Commissioner: Provided that the Commissioner may, on an application made in this behalf by the proprietor and for any good and sufficient reason, extend the said period by such further period as he thinks fit. (3) The expenses of, and incidental to the examination and audit of records under sub-section (1) (including the remuneration of the accountant or a panel of accountants or professional or panel of professionals) shall be paid by the proprietor as determined by the Commissioner and that determination shall be final and default in such payment shall be recoverable from the proprietor as tax and in the manner provided for the recovery of arrears of tax under this Act.] ### 46. Powers of Commissioner to issue directions. - The Commissioner shall have the power to issue from time to time directions, not inconsistent with the provisions of this Act or rules made thereunder, to proprietors of entertainments, licensed book-makers and stewards of a race club for carrying out the purposes of this Act. ### 47. Removal of difficulties. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by general or special order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for the removal of the difficulty : Provided that no such order shall be made after the expiration of one year from the commencement of this Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made, before the House of the Legislative Assembly of the National Capital Territory of Delhi while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the house agrees in making any modification in the order or the House agrees that the order should not be made, the order shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that order.

65ba56b2ab84c7eca86eb014

acts

State of Tamilnadu- Act ------------------------- Tamil Nadu Panchayats (Preparation of Plans and Estimates for Works and Mode and Conditions of Contracts) Rules, 1998 ----------------------------------------------------------------------------------------------------------------------- TAMILNADU India Tamil Nadu Panchayats (Preparation of Plans and Estimates for Works and Mode and Conditions of Contracts) Rules, 1998 ======================================================================================================================= Rule TAMIL-NADU-PANCHAYATS-PREPARATION-OF-PLANS-AND-ESTIMATES-FOR-WORKS-AND-MODE-AND-CONDITIONS-OF-CONTRACTS-RULES-1998 of 1998 --------------------------------------------------------------------------------------------------------------------------------- * Published on 31 December 1998 * Commenced on 31 December 1998 Tamil Nadu Panchayats (Preparation of Plans and Estimates for Works and Mode and Conditions of Contracts) Rules, 1998 Published vide Notification No. G.O. Ms. No. 286, Rural Development (CSS-1), dated the 31st December 1998 - No. SRO A-92(a) 1998 Published in the Tamil Nadu Government Gazette (Extraordinary) , Part III - Section 1(a), dated 31st December 1998. [Issue No. 771, pages 1-15]. G.O. Ms. No. 286. - In exercise of the powers conferred by sub-section (1) and clauses (xv) and (xx) of sub-section (2) of section 242 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of 1994 ) and in supersession of the Tamil Nadu Panchayats, Panchayat Unions and District Panchayats (Preparation of Plans and Estimates) Rules, 1997 and the Tamil Nadu Panchayat Union Councils, District Panchayats Contracts (Mode and Conditions) Rules, 1997, the Governor of Tamil Nadu hereby makes the following rules: - ### 1. Short title. - These rules may be called the Tamil Nadu Panchayats (Preparation of Plans and Estimates for Works and Mode and Conditions of Contracts) Rules, 1998. ### 2. Application of rule. - In respect of works of village panchayats, panchayat unions and district panchayats for which grant is given by the Government and in respect of works taken up by the village panchayats, panchayat unions and district panchayats for execution from out of their own funds, the procedure laid down in these rules shall apply. ### 3. Preparation and sanction of estimates. (1) Estimates in respect of village panchayats or panchayat unions or district panchayats works, whether original or maintenance works costing up to rupees fifty thousand, shall be prepared by the panchayat union overseer of the respective panchayat union and got technically sanctioned by the Block Engineer or Assistant Engineer (Rural Development) of the respective panchayat union. (2) All estimates costing more than rupees fifty thousand shall be prepared by the Block Engineer or Assistant Engineer (Rural Development) with the assistance of the union overseer and sent to the Assistant Executive Engineer (Rural Development) concerned, who shall ensure that administrative and technical sanctions are accorded to the estimates in accordance with rule 5 below. Explanation. - For the purposes of sub-rule (2) of rule 3, the cost given shall mean the "estimated cost" of the work. ### 4. Power of the President. - During exigencies, the president may prepare estimates with the help of Panchayat Assistant, get the approval of the village panchayat and execute works up to a limit of rupees two thousand at a time and not exceeding rupees five thousand in a year in respect of works executed out of village panchayat fund only. After completion of the work, the details and vouchers shall be placed before the village panchayat in its next meeting. ### 5. According of administrative sanction and technical sanction to estimates. - In respect of estimates including revised estimates for original works, maintenance works and electrical works, the authorities competent to accord administrative sanction and technical sanction shall, unless the Government has stipulated that the sanction of some other authority is required for a particular scheme or particular fund or above a particular limit, be as specified in Tables I, II, III, IV and V Table-1 I. Original Works Village Panchayat | | | | | --- | --- | --- | | Estimate value | Authority to accord administrative sanction | Authority to accord technical sanction | | (1) | (2) | (3) | | 1. Estimate costing up to rupees one lakh. | Village Panchayat | (i) Up to rupees fifty thousand - Block Engineer or Assistant Engineer (Rural Development). | | | | (ii) More than rupees fifty thousand, but not more than rupees one lakh-Assistant Executive Engineer (Rural Development). | | 2. Estimate costing more than rupees one lakh. | District Collector / Inspector | (i) Up to rupees three lakhs - Assistant Executive Engineer (Rural Development). (ii) More than rupees three lakhs, but not more than rupees six lakhs-Executive Engineer (Rural Development). (iii) More than rupees six lakhs-Superintending Engineer (Rural Development). | Table-II Panchayat Union | | | | | --- | --- | --- | | Estimate value | Authority to accord administrative sanction | Authority to accord technical sanction | | (1) | (2) | (3) | | 1. Estimate costing up to rupees five lakhs. | Panchayat union council | (i) Up to rupees fifty thousand - Block Engineer or Assistant Engineer (Rural Development). | | | | (ii) More than rupees fifty thousand, but not more than rupees three lakhs - Assistant Executive Engineer (Rural Development). | | | | (iii) More than rupees three lakhs, but not more than rupees five lakhs - Executive Engineer (Rural Development). | | 2. Estimate costing more than rupees five lakhs, but not more than rupees ten lakhs. | District Collector/ Inspector | More than rupees five lakhs, but not more than rupees ten lakhs - Executive Engineer (Rural Development). | | 3. Estimate costing more than rupees ten lakhs, but not more than rupees one crore. | Director of Rural Development | More than rupees ten lakhs, but not more than rupees one crore - Superintending Engineer (Rural Development). | | 4. More than rupees one crore. | Government | Superintending Engineer (Rural Development). | Table-III District Panchayat | | | | | --- | --- | --- | | Estimate value | Authority to accord administrative sanction | Authority to accord technical sanction | | (1) | (2) | (3) | | 1. Estimate costing up to rupees ten lakhs. | District panchayat | (i) Up to rupees fifty thousand - Block Engineer or Assistant Engineer (Rural Development). | | | | (ii) More than rupees fifty thousand, but not more than rupees three lakhs-Assistant Executive Engineer (Rural Development). | | | | (iii) More than rupees three lakhs, but not more than rupees ten lakhs-Executive Engineer (Rural Development). | | 2. Estimate costing more than rupees ten lakhs, but not more than rupees twenty-five lakhs. | District Collector/ Inspector | More than rupees ten lakhs - Superintending Engineer (Rural Development). | | 3. Estimate costing more than rupees twenty-five lakhs, but not more than rupees one crore. | Director of Rural Development | Superintending Engineer (Rural Development). | | 4. Estimate costing more than rupees one crore. | Government | Superintending Engineer (Rural Development). | Table-IV II. Maintenance Works | | | | | --- | --- | --- | | Nature of Estimate | Authority to accord administrative sanction | Authority to accord technical sanction | | (1) | (2) | (3) | | 1. Estimate costing not more than rupees ten thousand. | (i) village panchayat, (ii) panchayat union council, (iii) district panchayat, as the case may be, in respect of works vested in it. | Block Engineer or Assistant Engineer (Rural Development). | | 2. Estimate costing more than rupees ten thousand, but not more than rupees fifty thousand. | (i) village panchayat, (ii) panchayat union council, (iii) district panchayat, as the case may be, in respect of works vested in it. | Assistant Executive Engineer (Rural Development). | | 3. Estimate costing more than rupees fifty thousand, but not more than rupees two lakhs. | (i) village panchayat, (ii) panchayat union council, (iii) district panchayat, as the case may be, in respect of works vested in it. | Executive Engineer (Rural Development). | | 4. Estimate costing more than rupees two lakhs. | (i) village panchayat, (ii) panchayat union council, (iii) district panchayat, as the case may be, in respect of works vested in it. | Superintending Engineer (Rural Development). | Table-V III. Electrical Works | | | | | --- | --- | --- | | Estimate value | Authority to accord administrative sanction | Authority to accord technical sanction | | (1) | (2) | (3) | | 1. Estimate costing not more than rupees ten thousand. | (i) village panchayat, | Block Engineer or Assistant Engineer (Rural Development). | | | (ii) panchayat union council, | | | | (iii) district panchayat, as the case may be, in respect of works vested in it. | | | 2. Estimate costing more than rupees ten thousand, but not more than rupees twenty-five thousand. | (i) village panchayat | Assistant Executive Engineer (Rural Development). | | | (ii) panchayat union council, | | | | (iii) district panchayat, as the case may be, in respect of works vested in it. | | | 3. Estimate costing more than rupees twenty-five thousand, but not more than rupees fifty thousand. | (i) village panchayat | Executive Engineer (Rural Development). | | | (ii) panchayat union council | | | | (iii) district panchayat, as the case may be, in respect of works vested in it. | | | 4. Estimate costing more than rupees fifty thousand. | (i) village panchayat | Superintending Engineer (Rural Development). | | | (ii) panchayat union council | | | | (iii) district panchayat, as the case may be, in respect of works vested in it. | | ### 6. Measurement and check-measurement of works executed by village panchayat, panchayat union and district panchayat. (1) The authorities competent to measure and check-measure all works done or materials supplied whether by contract or by departmental agency shall be as specified in the Table below: - | | | | | --- | --- | --- | | Name of work | Measuring officer | Check-measuring officer | | (1) | (2) | (3) | | 1. All public works (original, maintenance and electrical works) costing not more than rupees fifty thousand. | Panchayat Union Overseer. | Block Engineer or Assistant Engineer (Rural Development). | | 2. All public works (original, maintenance and electrical works) costing more than rupees fifty thousand. | Block Engineer or Assistant Engineer (Rural Development). | Assistant Executive Engineer (Rural Development). | (2) The Assistant Executive Engineer (Rural Development) shall also super-check not less than twenty-five per cent of works costing below rupees fifty thousand check-measured by Block Engineer or Assistant Engineer (Rural Development). (3) The Assistant Executive Engineer (Rural Development) shall check measure the measurement of works in respect of the first and the final bills for works costing more than rupees fifty thousand and counter-sign all other intermediate bills after table check, that is after the scrutiny of the calculation and the correctness of the rates adopted. They shall, at the time of the table check of the intermediate bills, invariably examine whether any of the measurements in respect of any work should personally be check-measured by them in view either (i) of the nature and importance of the portion of the work to which the bill relates, or (ii) of the large amount involved, if they consider that such personal check-measurements are necessary, they shall carry out such check-measurements. (4) The Executive Engineer (Rural Development) shall also check at least one of the important works check-measured by the Assistant Executive Engineer (Rural Development) in each panchayat union every year. The Executive Engineer (Rural Development) shall also check some of the works check-measured by the Assistant Executive Engineer (Rural Development) in respect of the works executed by the village panchayats and district panchayats. ### 7. Authorities competent to pass excesses over original estimates. - The authorities competent to pass excesses over original estimates are as specified in the Table below: - | | | | | --- | --- | --- | | Estimate Value | Authority | Powers | | (1) | (2) | (3) | | 1. Up to rupees fifty thousand. | Assistant Executive Engineer (Rural Development). | Without any excess over technical sanction estimate. | | Executive Engineer (Rural Development). | With five per cent excess over technical sanction estimate. | | Superintending Engineer (Rural Development). | With ten per cent excess over technical sanction estimate. | | Government. | More than ten per cent excess over technical sanction estimate. | | 2. More than rupees fifty thousand, but not more than rupees three lakhs. | Executive Engineer (Rural Development). | With five per cent excess over technical sanction estimate. | | Superintending Engineer (Rural Development). | With ten per cent excess over technical sanction estimate. | | Government. | More than ten per cent excess over technical sanction estimate. | | 3. More than rupees three lakhs, but not more than rupees five lakhs. | Superintending Engineer (Rural Development). | With ten per cent excess over, technical sanction estimate. | | Government. | More than ten per cent excess over technical sanction estimate. | | 4. Exceeding rupees five lakhs | Government | - | ### 8. Mode and conditions of contracts. (1) Tenders shall be called for in respect of every work which is to be executed by or on behalf of village panchayat, panchayat union council, district panchayat, as the case may be, on contract and the value of the amount of which is rupees five thousand and above. Any work, the estimated cost of which does not exceed rupees five thousand may be entrusted to a village panchayat within a panchayat union and district panchayat without calling for tenders at rates not exceeding estimate rates. (2) In respect of works, the value or amount of which is rupees five thousand and above, village panchayat, panchayat union council and district panchayat, as the case may be, may dispense with the calling of tenders in the following cases and entrust the work at rates not exceeding estimate rates: - (a) In the case of any work entrusted for execution for the rates not exceeding annual maintenance contract fixed by the Government specifically for this purpose; (b) In the case of a supplemental maintenance work relating to road which is found necessary after the annual maintenance contract for that road has been settled, if the contract amount of the supplemental maintenance work does not exceed fifty per cent of the amount of the original maintenance amount or rupees two thousand five hundred, whichever is less; (c) In the case of any work to which a village panchayat contributes not less than twenty-five per cent of the estimate cost either from its own resources or by collecting contribution in cash from the public, the work may be entrusted to the village panchayat in which the work lies, if the panchayat passes a resolution to that effect, subject to the condition that where it is not possible to collect a twenty-five per cent cash contribution in advance, the contribution amount may be deducted from the bills at a rate not exceeding twenty-five per cent of cash bill; (d) In the case of any work to which sponsor contributes not less than twenty-five per cent of the estimate cost in cash if he expresses a desire to execute the work and if the panchayat gives prior approval for entrusting it to such sponsor by passing a resolution, the work may be entrusted to such sponsor: Provided that no part of the contribution which the village panchayat or panchayat union council or district panchayat, as the case may be, may make, shall be taken credit for, to make up to the twenty-five per cent of the contribution of the sponsor: - Provided further that the sponsor shall not entrust the execution of the works to any contractor. (e) In the case of any work other than those referred to in clauses (a), (b), (c) and (d), the work may be entrusted to a Labour Contract Co-operative Society functioning in the panchayat development block at the rates not exceeding estimate rates; (f) Nothing contained in these rules shall affect the mode of entrustment and execution of works under state scheme or centrally sponsored scheme, for which specific orders on the entrustment of works are issued. ### 9. Dispensing with tender. - In cases not falling under clauses (a) to (e) of rule 8, tenders may be dispensed with on the ground of urgency or for any other special reason to be recorded in writing by the executive authority or commissioner or secretary, as the case, may be, - (a) if the value or the amount of the work does not exceed rupees fifty thousand with the previous approval of the Executive Engineer (Rural Development) on the direction from the respective Inspector and Collector of the district concerned; and (b) if the value or the amount of the work exceeds rupees fifty thousand, but does not exceed rupees two lakhs with the previous approval of the Superintending Engineer (Rural Development) on the direction from the Director of Rural Development. ### 10. Power to entrust the works without tender. - Where tenders are not called for or are dispensed with, the executive authority or commissioner or secretary, as the case may be, shall except in cases falling under clauses (a) to (e) of rule 8, get the work done through a contractor selected from the register of contractors at rates which shall not ordinarily exceed the sanctioned estimate rates. Where on the ground of urgency or for other special reason, it is proposed to allow rates exceeding the sanctioned estimate rates, the previous written approval of the authority competent under these rules to approve the acceptance of tenders at such rates shall be obtained: Provided that any such work may be entrusted to a person in the locality who is not a registered contractor, but who is interested in its execution, if in the opinion of the executive authority or commissioner or secretary, as the case may be, its execution through such agency is desirable and if the value or the amount does not exceed rupees two thousand: Provided further that the selection of contractors for works, the value or the amount of which is rupees two thousand or less shall be made by the Block Engineer or Assistant Engineer (Rural Development): Provided also that in cases falling under clause (c) of rule 8, the supplemental maintenance work shall be entrusted to the contractor for the original maintenance work at the same rates as for the original maintenance work. ### 11. Dispense with further call of tender. (1) Notwithstanding anything contained in these rules, the executive authority or commissioner or secretary, as the case may be, may up to such date as the State Government may, by general or special order, specify, from time to time, dispense with further call of tenders either when no tender is received in the first instance or only high premium tenders which are not considered reasonable are received and are rejected - (a) if the value or the amount of the work does not exceed rupees five lakhs with the approval of the village panchayat or panchayat union council or district panchayat, as the case may be; (b) if the value of the amount of the work exceeds rupees five lakhs, but does not exceed rupees ten lakhs with the approval of the Collector of the district concerned; (c) if the value or the amount of the work exceeds rupees ten lakhs, but does not exceed rupees one crore with the approval of the Director of Rural Development; and (d) if the value or the amount of the work exceeds rupees one crore with the approval of the State Government. (2) In case tenders are not dispensed with under sub-rule (1), the executive authority or commissioner or secretary, as the case may be, may negotiate with the tenderers in order to entrust the work to the most suitable tenderer having regard to all the local conditions and accept an offer at the rate other than specified in the tender with the approval of the Collector of the district concerned, - (i) if the value or the amount of the work does not exceed rupees five lakhs with the concurrence of village panchayat or panchayat union council or district panchayat, as the case may be; (ii) if the value or the amount of the work exceeds rupees five lakhs, but does not exceed rupees ten lakhs with the concurrence of the Collector of the district concerned; (iii) if the value or the amount of the work exceeds rupees ten lakhs and does not exceed rupees one crore with the approval of the Director of Rural Development; and (iv) if the value of the work exceeds rupees one crore, with the concurrence of the State Government. ### 12. Register of contractors. - A register of contractors shall be maintained in the village panchayat, panchayat union and district panchayat offices respectively in Form I as appended to these rules and such register shall be treated as confidential. A copy of the register shall be submitted annually to the Block Engineer/ Assistant Engineer (Rural Development) in case of village panchayat, and to the Executive Engineer (Rural Development) in case of panchayat union and district panchayat, by the executive authority or commissioner or secretary, as the case may be. ### 13. Scrutiny of registers. (1) The register of contractors shall be kept up-to-date, and when submitted to the authority under rule 12, such authority shall scrutinise the register at least once in a year and sign it in token of his scrutiny. Any changes in the register considered necessary by such authority shall be referred by him in writing to the executive authority or commissioner or secretary, as the case may be, for orders. The executive authority or commissioner or secretary, as the case may be,.shall pass orders on the changes, if any, proposed by the said authority and shall record his reasons for the changes, if any, ordered by him. A copy of the corrections made in the register shall be submitted to the Executive Engineer (Rural Development) concerned and shall be filed with the register in his office. (2) In the remarks column of the register, the qualifications of the contractor, the quality and magnitude of work previously executed by him and all other relevant particulars shall be entered. (3) Any person desirous of being registered as a contractor shall apply to the concerned village panchayat or panchayat union council or district panchayat, as the case maybe, enclosing a receipt from the village panchayat or panchayat union or district panchayat office, as the case may be, for the fee fixed by the village panchayat or panchayat union or district panchayat, as the case may be, under sub-rule(4) and stating his qualifications and previous experience. (4) The village panchayat or panchayat union council or district panchayat, as the case may be, may fix a fee not exceeding rupees five hundred to be paid by an applicant for registration as a contractor. (5) On receipt of an application under sub-rule (3), the executive authority or commissioner or secretary, as the case may be, shall refer such application to Block Engineer or Assistant Engineer (Rural Development), who shall make a full enquiry and submit the application to the executive authority or commissioner or secretary, as the case may be, with the record of the enquiry made by him and his views on rejections or recommendation in regard to the particulars mentioned in columns (4) and (5) of the register. The executive authority or commissioner or secretary, as the case may be, shall place the details of enquiry along with the application for consideration of village panchayat or panchayat union council or district panchayat, as the case may be, who shall pass orders on the application after which the same shall be entered in the register by the executive authority or Commissioner or secretary, as the case may be. (6) The said register and connected records shall be made available for the perusal of the audit or supervising officer, who shall bring to the notice of the Inspector and Superintending Engineer (Rural Development) of any material irregularities. The Superintending Engineer (Rural Development) shall cause the material irregularities to be enquired into and to place the details before the Inspector, who after giving an opportunity to the concerned executive authority or commissioner or secretary, as the case may be, shall pass order which will be binding on the respective panchayat. (7) The names of the contractors may be removed from the register of contractors by the executive authority or commissioner or secretary, as the case may be, for any proved misconduct or for any financial incapacity or for any other reasons: Provided that, before ordering the removal of the name of any contractor from the register, a notice in writing shall be given to him to show cause against such removal and his explanation be obtained in writing for consideration, and place the details for consideration of the village panchayat or panchayat union council or district panchayat, as the case may be. ### 14. Tender procedure. (1) Subject to the provisions of rule 18, tenders in sealed covers shall be invited by the executive authority or commissioner or secretary, as the case may be, in the most open public and transparent manner possible - (a) by displaying the tender notice in Tamil on the notice board of the village panchayat or panchayat union or district panchayat, as the case may be, and in such other places as the executive authority or commissioner or secretary, as the case may be, may direct; (b) by sending copies of the tender notice to the Assistant Executive Engineer (Rural Development) and Executive Engineer (Rural Development) for displaying on the notice board of their offices concerned; and (c) by publication of the tender notice in the District Gazette: Provided that tender notice in respect of a work if the value of which exceeds ten lakhs rupees and does not exceed twenty-five lakhs rupees shall be published in two Tamil newspapers at the district level. (2) Every notice published under sub-rule (1) shall state, - (i) when and where the contract documents may be inspected; (ii) the precise form of tendering, that is, whether it shall be at specified percentage below or above estimate rates, or whether definite rate issued be quoted for each item of work included in the schedule; (iii) when and where tenders are to be submitted; (iv) when and where they are to be opened; (v) the amount of earnest money which shall accompany the tender and the amount and nature of security required in case the tender is accepted; and (vi) the authority competent to accept the tender, reserve the right to reject any or all of the tenders received without assigning any reasons. ### 15. Precise form of tender. (1) The precise form of tendering, namely, whether it shall be at specified percentage below or above the estimate rates, or whether definite rates shall be quoted for each item of work included in the schedule independently of the rates provided for in the sanctioned estimate, shall be decided by the executive authority or commissioner or secretary, as the case may be. (2) Contractors who are required to tender on percentage basis, may be permitted to examine the estimates for a work, but the data statement showing the actual cost of materials and the distance of the leads on which the estimate is really based shall not be shown to them nor shall it form part of the contract documents. ### 16. Preparation of contract documents. (1) Before tenders are invited for the execution of a work on contract, the executive authority or commissioner or secretary, as the case may be, shall prepare contract documents which shall include- (i) a complete set of drawings showing the general dimensions of the proposed work and so far as necessary details of the various parts; (ii) a complete specification of the work to be done and of the materials to be used as approved by the Director of Rural Development unless reference can be made to some standard specifications; (iii) a schedule of the quantities of the various descriptions of the work; and (iv) a set of conditions of contract to be complied with by the tenderer in case his tender is accepted. (2) The draft tender schedule and tender conditions shall be got approved from the technical authority concerned competent to accord sanction of estimate before calling for tenders. ### 17. Valid tenders. - No tender shall, ordinarily, be treated as valid unless it is accompanied either by the earnest money specified in the tender notice or by a receipt in token of the party having remitted the amount of the earnest money into the panchayat office concerned. A separate list of all sums deposited as earnest money shall be maintained under the signature of the officer opening the tender. ### 18. Tender from the registered contractors. - Only tenders from the registered contractors shall be considered. This condition shall not be enforced in the case of capital works the value or amount of which exceeds rupees fifty thousand in the case of steel work, or in cases in which the Assistant Engineer (Rural Development) or Block Engineer certifies that the work, requires the use of special plant or materials and specially trained labourer and that tenders from unregistered contractors may be considered. In the case of capital works, the value or amount of which exceeds rupees fifty thousand, tenders from engineering firms of standing and from contractors registered in or outside the village panchayat or panchayat union or district panchayat area for such capital works may be considered. A tender register shall be maintained in the village panchayat, panchayat union and district panchayat offices, respectively, in Form II as appended to these rules and such register shall be treated as confidential. ### 19. Earnest money deposit. - The amount of earnest money to be deposited shall be as specified in tender notice. In case of the contractors failing to furnish the required security within the appointed time after the acceptance of his tender or until the sums due to him form a sufficient guarantee, or fails to execute the work as per the agreement, the earnest money deposit shall be forfeited. ### 20. Opening of sealed tender cover. - The executive authority or commissioner or secretary, as the case may be, or any responsible official authorised by him in this behalf shall, at the time and place specified for the purpose, open the sealed covers containing the tender in the presence of two officials in that office in addition to the presence of such of the tenderers or their authorised agents as may be present. Until the sealed covers containing tenders are so opened, they shall be kept in the personal custody of the executive authority or commissioner or secretary or of such official as may be authorised by him in that behalf. On opening the tenders, the executive authority or commissioner or secretary, as the case may be, or the official authorised by him to open the tenders shall initial all corrections in each tender which may have been made by the tenderer and attested by him. If there are corrections in the tender unattested by the tenderer, a note of such corrections shall be made on the tender itself when it is opened. The executive authority or commissioner or secretary, as the case may be, or the official authorised by him to open the tenders shall enter the total number of tenders received in the tender register against each work. ### 21. Tender Register. (1) After the tenders are opened, they shall be tabulated and posted in a tender register maintained in the village panchayat or panchayat union or district panchayat office, as the case may be, in Form II appended to these rules. The executive authority or commissioner or secretary, as the case may be, shall scrutinise the entries in the register and certify that the tabulation is correct with reference to the original tenders which shall be preserved and made available for the purpose of audit. (2) A contractor who withdraws his tender after the acceptance of tender by competent authority without valid reasons to be decided by the executive authority or commissioner or secretary, as the case may be, shall be liable to have his name removed from the register of contractors for a period ranging from one to five years. The orders of executive authority or commissioner or secretary, as the case maybe, removing the name of the contractor from such register shall be communicated to the contractor concerned by the executive authority or commissioner or secretary, as the case may be. An appeal shall lie to the Superintending Engineer (Rural Development) against the order of the executive authority or commissioner or secretary, as the case may be. Such appeal shall be preferred through the Block Engineer or Assistant Engineer (Rural Development) and the executive authority or commissioner or secretary, as the case may be, and the Executive Engineer (Rural Development), within seven days from the date of receipt by the contractor of the orders of the executive authority or commissioner or secretary, as the case may be. The orders of the Superintending Engineer (Rural Development) on such appeal shall be final. ### 22. Acceptance of tender. (1) The lowest tender shall be accepted. Where it is considered undesirable to accept the lowest tender, the reasons shall be clearly recorded in writing by the authority competent to accept the tender and the case shall be disposed of in the manner specified in rules 23 and 24. (2) Where the capacity for the work and the integrity of a tenderer are not known, his tender need not necessarily be rejected. Such additional security not exceeding ten per cent of the contract amount as the authority competent to accept the tender considers necessary shall, however, be taken from the tenderer if the circumstances warrant such a course. (3) Where the lowest tender is rejected, the next lowest tender shall be considered. If it is considered undesirable to accept that tender also, the next highest tender shall be considered. In every case of rejection of a tender under this sub-rule, the reasons therefor shall be recorded in writing by the authority competent to accept tenders. (4) In no case shall a tender be accepted at rates other than those specified in the tenders. In cases, where the authority competent to accept the tender considers the rate for certain items are pitched too high in the lowest tender, he may negotiate with the above tenderer with the approval of the next superior authority and secure reasonable rates for those items without higher sanction. (5) There shall be no avoidable delay in the disposal of tenders after they are opened. In cases, where the executive authority or commissioner or secretary, as the case may be, is competent to dispose of tenders without obtaining concurrence of others, the executive authority or commissioner or secretary, as the case may be, shall do so ordinarily within a week of the date on which they are opened and in any case within a period not exceeding one month. In other cases, no tenders shall remain undisposed of for a period exceeding two months from the date on which they are opened. ### 23. Passing of orders. - The executive authority or commissioner or secretary, as the case may be, with the approval of the village panchayat or panchayat union council or district panchayat, as the case may be, shall, pass orders in accordance with the provisions of rule 22 in the case of works the value or the amount of which does not exceed estimate rate. If the lowest tender is not accepted and the person making such a tender is a person competent according to the register of contractors to execute the works, the matter shall be referred to the Executive Engineer (Rural Development) concerned and the decision of the Executive Engineer (Rural Development) shall be final. The reference and the order thereon shall contain clear and convincing reasons for not accepting the lowest tender. ### 24. Exceeding the estimate amount. - In the case of works the value or the amount of work which exceeds the estimate amount, the tender shall be settled after obtaining concurrence from the authority competent to sanction or as specified in rule 25. ### 25. Acceptance of tender for special reason. - Tenders which exceed the estimated rate or amount shall not ordinarily be accepted. Where on the ground of urgency or for other special reasons, if it is proposed to accept such tenders, the previous approval of the authority specified in column (2) of the Table below shall be obtained: - | | | | --- | --- | | Value or the amount of the work | Authority | | (1) | (2) | | 1. | Not exceeding rupees fifty thousand. | (a) | The Assistant Executive Engineer (Rural Development), if the tender rate exceeds the estimate rate by not more than three per cent. | | | | (b) | The Executive Engineer (Rural Development), if the tender rate exceeds the estimate rate by three per cent, but not more than five per cent. | | | | (c) | The Superintending Engineer (Rural Development), if the tender rate exceeds the estimate rate by five per cent, but not more than fifteen per cent. | | | | (d) | State Government, if the tender rate exceeds the estimate rate by more than fifteen per cent. | | 2. | Exceeding rupees fifty thousand but not exceeding rupees three lakhs. | (a) | Executive Engineer (Rural Development), if the tender rate exceeds the estimate rate by not more than five per cent. | | | | (b) | Superintending Engineer (Rural Development), if the tender rate exceeds the estimate rate by more than five per cent, but not more than fifteen per cent. | | | | (c) | State Government, if the tender rate exceeds the estimate rate by more than fifteen per cent. | | 3. | Exceeding rupees three lakhs, but not exceeding rupees five lakhs. | (a) | Superintending Engineer (Rural Development), if the tender rate exceeds the estimate rate by not more than fifteen per cent. | | | | (b) | State Government, if the tender rate exceeds the estimate rate by more than fifteen per cent. | | 4. | Exceeding rupees five lakhs. | | State Government. | ### 26. Transparent execution of works. (1) All works executed by the respective panchayats shall be placed before the village panchayat, panchayat union council and district panchayat, as the case may be, and necessary follow-up action taken. (2) A display board on each work exceeding rupees fifty thousand executed by the contractor or otherwise in village panchayat, panchayat union or district panchayat, as the case may be, shall be placed at the work site by the contractor or the executor executing the works at his cost as part of the work contracted with the following details:- | | | | --- | --- | | (a) Name of the scheme | | | (b) Name of the work (including year of sanction) | | | (c) Estimate value | Rs. | | (d) Name of the contractor | | | (e) Date of commencement of work | | | (f) Date of completion of work. | | Appendix Form I Register of Contractors (See rule 12) | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Serial No. | Name of the contractor | Address | Money limit of subsisting contracts which can be safely entrusted to him for execution at any one time in the course of one year | Whether fit for supply of material only or for road works or for masonry works or all works in general | Number and date of the challan in which the fee for registration was paid | Remarks | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | | | | | | | | | Form II Tender Register (See rules 18 and 21) Name of the work: Estimated amount of the contract: Total number of tenders received: | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Serial No. | Name of the tenderer | Whether registered contractor or not and, if registered, the serial number in the register of contractors | Tender percentage | Amount of deposit | Engineer's recommendations | Orders of the authority competent to accept the tender | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | | | | | | | | |

65ba266cab84c7eca86eab73

acts

State of Maharashtra - Act ---------------------------- The Maharashtra Self-Financed Schools (Establishment and Regulation) Act, 2012 -------------------------------------------------------------------------------- MAHARASHTRA India The Maharashtra Self-Financed Schools (Establishment and Regulation) Act, 2012 ================================================================================ Act 1 of 2013 --------------- * Published on 15 May 2018 * Commenced on 15 May 2018 The Maharashtra Self-Financed Schools (Establishment and Regulation) Act, 2012 Maharashtra Act No. 1 of 2013 (First published, after having received the assent of the Governor in the "Maharashtra Government Gazette", on the 4th January 2013). An Act to make provisions to establish a new school including provision for up-gradation of existing school on self-financed basis, to make suitable provisions with regard to requirements and norms for establishing such new school or up-gradation of existing school, for creating an endowment fund and to provide for matters connected therewith or incidental thereto. Whereas, it is expedient to make provisions for giving permission to establish a new school including permission for up-gradation of the existing school to upper-primary or secondary or higher secondary school, as the case may be, on self-financed basis, to make suitable provisions with regard to requirements and norms for establishing such new school, or up-gradation of existing school, for inviting applications therefor, to provide procedure to scrutinize such applications for creating an endowment fund and to provide for matters connected therewith or incidental thereto; it is hereby enacted in the Sixty-third Year of the Republic of India as follows:- ### 1. Short title, extent and commencement. (1) This Act may be called the Maharashtra Self-financed Schools (Establishment and Regulation) Act, 2012. (2) It extends to the whole of the State of Maharashtra. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. ### 2. Definitions. (1) In this Act, unless the context otherwise requires,- [(1-a) "Authority" means the State Level Authority and field level Authorities appointed under sub-section (1) of section 6 of the Act;] [Inserted by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] (a) "District Education Officer" in relation to primary education means, the District Education Officer (Primary) and in relation to secondary or higher secondary education means, the District Education Officer (Secondary); (b) "Director",- (i) in relation to primary education, means the Director of Education (Primary Education); (ii) in relation to secondary or higher secondary education means, the Director of Education (Secondary and Higher Secondary Education); (c) "endowment fund" means the endowment fund created under section 4; (d) "existing school" means a recognised school existing and imparting education on the date of commencement of this Act; (e) "local authority" means,- (i) in relation to educational institution managed by a Zilla Parishad, the Zilla Parishad constituted under the Maharashtra Zilla Parishads and Panchayats Samitis Act, 1961; (ii) in relation to educational institution managed by the Municipal Corporation, the Municipal Corporation constituted under the Mumbai Municipal Corporation Act or, as the case may be, the Maharashtra Municipal Corporations Act; (iii) in relation to educational institution managed by the Municipal Council, Nagar Panchayat or, as the case may be, Industrial Township, the Municipal Council, Nagar Panchayat or Industrial Township constituted under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965; (iv) any other authority treated as local authority under any other law. (f) [\* \* \*] [Clause (1) was deleted by Maharashtra 19 of 2013, Section 2(1)] ; (g) "prescribed" means prescribed by rules; [(g-1) "registered company" means a company registered under the provisions of section 8 of the Companies Act, 2013;] [Inserted by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] (h) "registered society" means a society for charitable purposes registered under the provisions of the Societies Registration Act, 1860; (i) "registered trust" means a public trust for charitable purposes registered under the provisions of the Maharashtra Public Trusts Act; (j) "rules" means rules made under this Act; (k) "Schedule" means the Schedule appended to this Act; (l) "school" means a [\* \* \*] [The words 'pre-primary school' were deleted by Maharashtra 19 of 2013, Section 2(2) w.e.f. 2-7-2013] , primary school, secondary school, higher secondary school or junior college recognised by the Government and managed by any management and affiliated to any Indian or foreign course or Board on self-financed basis wherein all expenses of the school, for any purpose whatsoever, are to be met with by the management itself; and neither any grant-in-aid or financial assistance be given from the State Government or from a local authority, nor the State Government or the local authority be liable to meet any liability whatsoever incurred by such management of the school; (m) [ \*\*\*] [Deleted '(m) 'scrutiny committee' means a scrutiny committee constituted under section 6;' by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] (n) "section" means section of this Act; (o) "State" means the State of Maharashtra; (p) "up-gradation of school" means up-gradation of a recognised primary school to upper-primary school, upper-primary school to secondary school or secondary school to higher secondary school. (2) Words and expression used in this Act, but not defined herein, and - (i) defined in the Right of Children to Free and Compulsory Education Act, 2009 or the rules made thereunder shall have the meanings respectively assigned to them in that Act or the rules; or (ii) defined in the Maharashtra Primary Education Act or the Maharashtra Secondary and Higher Secondary Education Boards Act, 1965 or the Maharashtra Educational Institutions (Transfer of Management) Act, 1971 or the Maharashtra Educational Institutions (Management) Act, 1976 or the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, shall, as the context may require, have the meanings respectively assigned to them in or under these Acts. ### 3. Application to establish new school or up-gradation of existing school. - (1) Any registered company or a registered trust or a registered society or a local authority desirous of establishing a new school, such as primary or upper-primary or secondary or higher secondary, or up-gradation of the existing school to upper-primary or secondary or higher secondary school, as the case may be, shall submit the application online in the format as provided in Schedule alongwith the documents as specified in Schedule B. The application shall be accompanied with such fees as the State Government may be order, specify, from time to time. [(1A) The process of submitting online application under sub-section (1) shall remain continuously throughout the year.] [Substituted by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] (2) The Government may prescribe detailed procedure for processing the applications received under sub-section (1) including procedure for declaration of eligibility, issuing of Letter of Intent and Letter of Approval. [(3) If, in the Development Plan, the Competent Authority has reserved the plot for education purposes having area less than the area specified in entry (12) of Schedule A, in such case, the Government may relax the condition regarding area of land specified in entry (12): Provided that, for the academic year 2013-2014, such relaxation may be made with retrospective effect. (4) The condition regarding area of land specified in entry (12) of Schedule A, shall not be applicable for the proposals of up-gradation of schools having complied with the norms and standards required under the Right of Children to Free and Compulsory Education Act, 2009. (5) [If, any registered company or a registered trust] [Sub-section 2 to 5 were added by Maharashtra 19 of 2013, Section 3(4) (w.e.f. 2-7-2013)] or a registered society or a local authority has submitted the application for establishing a new school under sub-section (1) and complied with all conditions, except the requirement of registered documents specified in entry (11) of Schedule A, in such case, the Government may grant permission to establish a new school applied for, if such trust or society or local authority has submitted the duly registered documents before issuing the Letter of Intent : [\*\*\*] [Deleted 'Provided that, for the academic year 2013-2014, such duly registered documents shall be submitted before the 15th July 2013.' by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] ] ### 4. Creation of endowment fund. (1) [Any registered company or a registered trust] [Substituted 'Any registered trust' by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] or a registered society or a local authority desirous of establishing a new school or up-grading the existing school shall have to deposit the amount as [specified in Schedule C as fixed deposit in any Bank. However, before issuing the Letter of Intent, the said amount shall be deposited jointly in the name of the management and the concerned District Education Officer (Secondary) by way of National Saving Certificate or Fixed Deposit in any Nationalized Bank as security deposit towards creating an endowment fund; and pledge, such Certificate or Fixed Deposit with the concerned District Education Officer. Such Certificate or Deposit shall be made for a period of minimum three years subject to the condition of further renewal: [\*\*\*]] [This portion was substituted by Maharashtra 19 of 2013, Section 4 (w.e.f. 2-7-2013.] . (2) The endowment fund may, with the prior permission of the State Government and subject to the provisions of section 5, be utilized for meeting the liability in the form of legal dues, if any, of the management. ### 5. No financial assistance by State Government to school established on self-financed basis. (1) An application, for establishing a new school or for up-gradation of a school anywhere in the State by private management of [registered company or a registered trust] [Substituted 'registered trust' by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] or a registered society or a local authority shall, and shall only, be on the condition that such school shall be established, maintained and administered or up-graded on self-financed basis. Subject to the provisions of sub-section (2) of section 12 of the Right of Children to Free and Compulsory Education Act, 2009, all expenses in a school for any purpose whatsoever shall be met with by the management itself; and neither any grant-in-aid or financial assistance shall be sought from the State Government or from a local authority, nor shall the State Government or the local authority be liable to meet any liability in the form of legal dues whatsoever incurred by such management of the school. (2) On withdrawal of a permission to run or up-grade a school granted under the provisions of this Act, or where a school is established or up-graded without obtaining such permission, or any school established or up-graded after obtaining a permission under the provisions of this Act, or an existing school is closed, for any reason whatsoever, the liabilities in the form of legal dues of a management establishing or up-grading or closing a school, as aforesaid, shall first be met with from the endowment fund created under section 4. (3) If the endowment fund falls short of the total liability in the form of legal dues incurred by the management, which has obtained a permission to establish or up-grade a school on self-financed basis, the office bearers and the members holding office for the time being in force of the management of a school, shall be jointly and severally liable to meet such liability in equal proportion: Provided that, nothing contained in this sub-section shall render any such person liable as aforesaid, if he proves that such liability was incurred without his knowledge or that he exercised all due diligence to prevent incurring such liability. (4) Notwithstanding anything contained in sub-section (3), where a liability in the form of legal dues has been incurred by the management and it is proved that the liability has been incurred with the consent or connivance of, or is attributable to any neglect on the part of any secretary, manager, or any staff, then such secretary, manager, or staff, shall also be deemed to be liable to meet such liability. ### 6. [ Appointment of State Level Authority and field Level Authorities. [Substituted by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] (1) The State Government shall appoint the State Level Authority and the Field Level Authorities as may be required for accepting and scrutiny of applications. (2) The procedure for appointment of the State Level Authority and Field Level Authorities shall be such as may be prescribed. (3) The powers and duties and the procedure to be followed for transacting the business of the State Level Authority and the Field Level Authorities shall be such as may be prescribed.] ### 7. Grant of permission. - [(1) The State Government may, on the basis of report of the State Level Authority or otherwise, Grant or refuse the permission to establish a new school applied for or to up-grade an existing school.] [Substituted by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] (2) The decision of the State Government under sub-section (1) shall be final. [Provided that, the State Government may, after due verification and recording reasons, review any such decision including for the academic year 2013-2014.] [This proviso was added by Maharashtra 19 of 2013, Section 6 (w.e.f. 2-7-2013).] ### 8. Communication of decision of Government. - [(1) The procedure for communicating the decision to the applicant, regarding grant or refusal of the permission with reference to application made under section 3 shall be such as may be prescribed.] [Substituted by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] (2) On establishing a new school or up-gradation of a school from the academic year for which the permission is granted, the management shall inform the concerned District Education Officer about the same within one month from the commencement of the academic year. ### 9. Special provisions in respect of certain schools. - The State Government, in case of a school imparting education in any language [\*\*\*] [Deleted 'except English' by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] , as a medium of instruction, running for a period of at least five years immediately before the date of commencement of this Act, shall have power to grant permission to such school under this Act: Provided that, no such school shall be granted permission under this section unless the provisions of the Right of Children to Free and Compulsory Education Act, 2009 are complied with: Provided further that, all the provisions of this Act, except the provisions of sections 3, 4 and of paragraph 12 of Schedule A shall, mutatis mutandis apply to such school. ### 10. Disciplinary action. - The work of scrutiny of applications received under section 3; submission of report of inspection and official duties assigned to the officers under this Act if found to be inaccurate or false, or there is any wilful or intentional delay or negligence in discharge of such official duties, it shall amount to dereliction of official duties and make such officer liable for appropriate disciplinary action under the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 or any other relevant disciplinary rules applicable to such officer. ### 11. Permission for academic year. - Permission to establish or up-grade a school granted under the provisions of this Act shall be for the academic year for which it is granted and on the failure of the management to start a school within eighteen months, the permission so granted shall stand cancelled. ### 12. Up-gradation of existing schools. (1) [Any registered company or a registered trust] [Substituted 'Any registered trust' by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] or a registered society or a local authority running an existing school may, at its option apply for up-gradation of the school on self-financed basis under this Act and shall abide by the orders or directions issued by the State Government in this regard. (2) The Director or an officer nominated by the Director may, during working hours enter and inspect such school as and when required and forward the inspection report to the State Government. ### 13. No school under this Act to be closed down. (1) Save as otherwise provided in this Act, no school established or up-graded under this Act shall be closed down or discontinued; unless a notice of not less than eighteen months indicating the intention of the management of the school to do so, has been given by the secretary or manager or any person who is managing the affairs of the school, by whatever designation called, to the concerned Director and the State Government. On receipt of such notice, the Director may, if in his discretion he so desires, give the secretary, manager or the person who is managing the affairs of the school, as the case may be, an opportunity of being heard in person. Thereafter, if the Director is of the opinion that the closing down or discontinuation of school is justified, he shall report to the State Government for taking appropriate action to accommodate affected students. The Government shall take appropriate actions to accommodate such affected students to other available neighbourhood schools. (2) If any such secretary, manager or person who is managing the affairs of the school fails to give notice as required under sub-section (1), he shall, on conviction, be punished with fine which shall not be less than five lakh rupees but which may extend to ten lakh rupees. ### 14. Withdrawal of Permission. (1) Without prejudice to the provisions of section 11, the State Government may; by order, withdraw the permission, if any, granted, on following reasons, namely:- (a) violation of any of the provisions of this Act or rules made thereunder or failure to comply with any directions issued under this Act or the norms or standards or terms and conditions; if any, stipulated by the State Government, from time to time; (b) engaged inactivities prejudicial the interests of the student; or (c) poor academic performance. (2) No order for withdrawal of permission under sub-section (1) shall be passed, unless a reasonable opportunity of being heard is given to [Such company or trust] [Substituted 'such trust' by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] or society or local authority. ### 15. Provisions of Act to apply to school seeking affiliation to any Board or institution in the State, outside State or outside India. (1) [Any registered company or a registered trust] [Substituted 'Any registered trust' by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] or a registered society or a local authority intending to establish or run a school which it proposes to have it affiliated to any Board or any Institution in the State, outside the State or outside India shall be bound to comply with the requirements for establishing such school in the State in addition to any other requirements of any such Board or Institution in the State, outside the State or outside India and any application for permission to establish or run such school made by [Such company, trust] [Substituted 'such trust' by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] , society or local authority in that behalf shall be processed in accordance with the provisions of this Act. (2) No such school shall be established without obtaining the permission under this Act, and merely because an application is made in that behalf it shall not be deemed that a permission is granted for establishing such school in this State. (3) [The registered company or registered trust] [Substituted 'The registered trust' by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] or registered society or local authority as the case may be, shall ensure that the school is run as per the provisions of this Act or the rules made thereunder, and the specified norms and standards and shall be committed to provide quality education to the children. ### 16. Power to issue directions to registered trust or registered society or local authority. - The State Government may issue to [any registered company or registered trust] [Substituted 'Any registered trust' by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] or registered society or local authority to which permission is granted under this Act, such general or special directions, consistent with the provisions of this Act and the rules made thereunder, as in its opinion are necessary or expedient, for carrying out the purposes of this Act or for giving effect to any of the provisions contained therein or in any rules or orders made thereunder and the management of the educational institution shall comply with every such direction. ### 17. Power to amend Schedules. (1) The State Government may, from time to time, by notification in the Official Gazette, modify, add to or delete any entry, from any of the Schedule and may, for that purpose, suitably amend the Schedule, by the said notification, and thereupon the entry in the Schedule shall stand amended accordingly. (2) Every notification issued under sub-section (1) shall be laid, as soon as may be, after it is issued, before each House of the State Legislature. ### 18. Finality of orders. - Save as otherwise expressly provided in this Act, every decision taken, order passed or notice, directions issued by the State Government or the concerned Director shall be final. ### 19. Protection of action taken in good faith. - No suit, prosecution or other legal proceeding shall lie against any officer of the State Government for anything which is done in good faith or intended to be done by any such officer under this Act or any rules or orders made thereunder. ### 20. Officers, etc., to be public servants. - Every officer or servant acting under the provisions of this Act or the rules shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. ### 21. Act shall be in addition to existing laws. - The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any law for the time being in force in relation to, and applicable to, a management of a school established or up-graded under this Act. ### 22. Delegation of powers. - The State Government may, by notification in the Official Gazette, delegate all or any of its powers under this Act, except the powers under sections 6, 7, sub-section (1) of section 17, this section and section 23, the powers of the Director and District Education Officer, to any of its or their subordinate officers subject to such conditions and to such control as may be specified in the notification; and it may, in the like manner, withdraw any powers so delegated. ### 23. Power to make rules. (1) The State Government may, by notification in the Official Gazette, and subject to the condition of previous publication, make rules for carrying out all or any of 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 in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify their decision to that effect in the Official Gazette, the rule shall from the date of publication of such decision in the Official Gazette, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule. ### 24. Power to remove difficulties. (1) If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, as occasion arises, by an order, published in the Official Gazette, do anything, not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient for the purposes of removing the difficulty:- Provided that, no such order shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made, before each House of the State Legislature. A --- (See section 3) Form of Application (1) [ Name of the Applicant- A Registered Company or a Registered Trust or a Registered Society or a Local authority:] [Substituted by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] (2) Application for opening of new school : [\* \* \*] [The words 'Pre-primary or deleted by Maharashtra 19 of 2013, Section 8(1) (w.e.f. 2-7-2013).] Primary or Upper-primary or Higher Secondary either separately or in combination with one or more of them: (3) The name of the school: (4) Full address of the - (a) Applicant: (b) Office of the Management: (5) Up-gradation of existing school : [Primary to upper Primary or Upper Secondary or Secondary to Higher Secondary;] [These words were substituted by Maharashtra 19 of 2013, Section 8(2) (w.e.f. 2-7-2013).] (give DISE or SEMIS number of existing school): (6) Medium of Instruction for proposed new school or of existing school: (7) Details about existing affiliation or proposed affiliation to State Board or CBSE or ICSE or IGCSE or IB or CIE or any other Board or Institute; by whatever name called : (8) Place, taluka, district where the school is or will be located : (9) [ Copy of certificate of registration of company or trust or society or details of local authority:] [Substituted by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] (10) [ (a) Copy of the Memorandum of Association or Trust Deed or Scheme: (b) Details of the Directors of company, trustees, members of managing committee and their addresses:] (11) Land details - (a) [ Registered land in the name of the company or trust or society: [Substituted by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] (b) Registered Lease Deed or registered agreement or thirty years or more in the name of the company or trust or society:] (c) [\* \* \*] [Clause (c) deleted by Maharashtra 19 of 2013, Section 8(3)(b) (w.e.f. 2-7-2013).] (12) [ Area of land available- (a) Minimum 500 Square meters in areas of all Municipal Corporations and in areas of all A Grade Municipalities in the State: (b) Minimum one acre in remaining all areas.] (13) Construction on the land for which the documents are submitted (details about the construction)- (a) Total area in square metre : (b) Construction area in square metre: (c) Area available in classroom per child (per child approximately one square metre): Total construction details- (i) Number of Classrooms-(classroom size eight metres x six meters): (ii) Staff room : (iii) Principal room : (iv) Office room : (v) Library : (vi) Laboratory : (vii) Activity room: (viii) Computer room (minimum ten computers): (ix) Toilets (lavatory for boys and girls separately) : (x) Drinking water facility: (xi) Equipped with necessary furniture : (xii) Playground : (14) Transport facility for children (optional) : (15) Residential facility for children (optional) : (16) Staff quarters (optional): (17) Extra facilities (provided by the school), details: (18) Bank details- (a) Current savings, fixed deposit, bonds : (b) Balance sheet or certified audit report: (19) Details about the fees which shall be charged, estimated income and expenditure details : (20) Staff norms-adequate qualified staff according to norms: Dated: Signature. B --- (See section 3) Documents To Accompany The Application (1) Copy of certificate of Registration. (2) [ Copy of Memorandum of Association or Trust Deed or Scheme, in case or company or trust or society, as the case may be.] [Substituted by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] (3) Documents related to land details. (4) Documents related with construction details plan, commencement certificate, completion certificate, occupation certificate. (5) Photos related with infrastructure norms as required under the provisions of the Right of Children to Fee and Compulsory Education Act, 2009. (6) Documents related with bank Accounts. (7) Audit report. (8) Balance Sheet. C --- [See section 4(1) ] | | | | | --- | --- | --- | | (a) for establishing a new primary[\* \* \*] [The words 'or pre-primary attached to primary' were deleted by Maharashtra 19 of 2013, Section 9 (w.e.f. 2-7-2013).] or upper-primary or secondary or higher secondary school, as the case may be,- | (i) in village panchayat area | Rupees minimum two lakh, | | (ii) in Municipal Council,Nagar Panchayator Industrial Township area | Rupees minimum three lakh, | | (iii) in Municipal Corporation area | Rupees minimum five lakh, | | (iv) in Mumbai and Mumbai suburban area | Rupees minimum seven lakh; | | (b) for establishing a new school from primary level to higher secondary,- | (i) in village panchayat area | Rupees minimum five lakh, | | (ii) in Municipal Council,Nagar Panchayator Industrial Township area | Rupees minimum ten lakh, | | (iii) in Municipal Corporation area | Rupees minimum fifteen lakh, | | (iv) in Mumbai and Mumbai suburban area | Rupees minimum twenty lakh; | | (c) for up-gradation of school to upper-primary, secondary or higher secondary school, as the case may be,- | (i) in village panchayat area | Rupees minimum two lakh (for each up-gradation), | | (ii) in Municipal Council,Nagar Panchayator Industrial Township area | Rupees minimum three lakh (for each up-gradation), | | (iii) in Municipal Corporation area | Rupees minimum five lakh (for each up-gradation), | | (iv) in Mumbai and Mumbai suburban area | Rupees minimum seven lakh (for each up-gradation). | [Substituted by Maharashtra Act No. 39 of 2018, dated 15.5.2018.] [Substituted by Maharashtra Act No. 39 of 2018, dated 15.5.2018.]

65b95d71ab84c7eca86e8f1b

acts

State of Bihar - Act ---------------------- THE BIHAR FINANCE ACT, 2018 ----------------------------- BIHAR India THE BIHAR FINANCE ACT, 2018 ============================= Act 11 of 2018 ---------------- * Published in Bihar Gazette on 3 August 2018 * Commenced on 3 August 2018 AN ACT PREAMBLE: TO AMEND THE BIHAR VALUE ADDED TAX ACT, 2005 (ACT 27 OF 2005), THE BIHAR TAX ON ENTRY OF GOODS INTO LOCAL AREAS FOR CONSUMPTION, USE OR SALE THEREIN ACT, 1993 (BIHAR ACT 16 OF 1993), THE BIHAR ENTERTAINMENT TAX ACT, 1948 (BIHAR ACT 35 OF 1948), THE BIHAR TAXATION ON LUXURIES IN HOTELS ATC, 1988 (BIHAR ACT 5 OF 1988), THE BIHAR ELECTRICITY DUTY ACT, 2018 (BIHAR ACT 4 OF 2018), THE BIHAR TAX ON ADVERTISEMENTS ACT, 2007. (BIHAR ACT 8 OF 2007) AND THE BIHAR TAX ON PROFESSIONS, TRADES, CALLINGS AND EMPLOYMETNS ACT, 2011 (BIHAR ACT 10 OF 2011) BE it enacted by the Legislature of the state of Bihar in the sixty ninth year of the Republic of Indian as follows:- ### 1. Short title, extent and commencement.— (1) This Act may be called the Bihar Finance Act, 2018. (2) It shall extend to the whole of the State of Bihar. (3) It shall come into force on such date as the Commissioner Commercial Taxes, Commercial Taxes Department, may, by notification in the Official Gazette, appoint. ### 2. Amendment in the Bihar Value Added Tax Act, 2005 (Act 27 of 2005).— (i) Wherever the group of words “Commercial Taxes officer” exists under the Bihar Value Added Tax Act, 2005 shall be substituted by the group of words “Assistant Commissioner State Tax”. (ii) Wherever the group of words “Assistant Commissioner of Commercial Taxes” exists under the Bihar Value Added Tax Act, 2005 shall be substituted by the group of words “Deputy Commissioner State Tax”. (iii) Wherever the group of words “Deputy Commissioner of Commercial Taxes” exists under the Bihar Value Added Tax Act, 2005 shall be substituted by the group of words “Joint Commissioner State Tax”. (iv) Wherever the group of words “Joint Commissioner of Commercial Taxes” exists under the Bihar Value Added Tax Act, 2005 shall be substituted by the group of words “Additional Commissioner State Tax”. (v) Wherever the group of words “Senior Joint Commissioner of Commercial Taxes” or “Additional Commissioner of Commercial Taxes” exists under the Bihar Value Added Tax Act, 2005 shall be substituted by the group of words “Special Commissioner State Tax”. (vi) Wherever the group of words “Commissioner of Commercial Taxes” exists under the Bihar Value Added Tax Act, 2005 shall be substituted by the group of words“Commissioner State Tax”. ### 3. Amendment in the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 (Bihar Act 16 of 1993).— (i) Wherever the group of words “Commercial Taxes officer” exists under the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act 1993. shall be substituted by the group of words “Assistant Commissioner State Tax”. (ii) Wherever the group of words “Assistant Commissioner of Commercial Taxes” exists under the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 shall be substituted by the group of words “Deputy Commissioner State Tax”. (iii) Wherever the group of words “Deputy Commissioner of Commercial Taxes” exists under the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 shall be substituted by the group of words “Joint Commissioner State Tax”. (iv) Wherever the group of words “Joint Commissioner of Commercial Taxes” exists under the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 shall be substituted by the group of words “Additional Commissioner State Tax”. (v) Wherever the group of words “Senior Joint Commissioner of Commercial Taxes” or “Additional Commissioner of Commercial Taxes” exists under the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 shall be substituted by the group of words “Special Commissioner State Tax”. (vi) Wherever the group of words “Commissioner of Commercial Taxes” exists under the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 shall be substituted by the group of words “Commissioner State Tax”. ### 4. Amendment in the Bihar Entertainment Tax Act, 1948 (Bihar Act 35 of 1948).— (i) Wherever the group of words “Commercial Taxes officer” exists under the Bihar Entertainment Tax Act, 1948 shall be substituted by the group of words “Assistant Commissioner State Tax”. (ii) Wherever the group of words “Assistant Commissioner of Commercial Taxes” exists under the Bihar Entertainment Tax Act, 1948 shall be substituted by the group of words “Deputy Commissioner State Tax”. (iii) Wherever the group of words “Deputy Commissioner of Commercial Taxes” exists under the Bihar Entertainment Tax Act, 1948 shall be substituted by the group of words “Joint Commissioner State Tax”. (iv) Wherever the group of words “Joint Commissioner of Commercial Taxes” exists under the Bihar Entertainment Tax Act, 1948 shall be substituted by the group of words “Additional Commissioner State Tax”. (v) Wherever the group of words “Senior Joint Commissioner of Commercial Taxes” or “Additional Commissioner of Commercial Taxes” exists under the Bihar Entertainment Tax Act, 1948 shall be substituted by the group of words “Special Commissioner State Tax”. (vi) Wherever the group of words “Commissioner of Commercial Taxes” exists under the Bihar Entertainment Tax Act, 1948 shall be substituted by the group of words “Commissioner State Tax”. ### 5. Amendment in the Bihar Taxation on Luxuries in Hotels Act, 1988 (Bihar Act 5 of 1988).— (i) Wherever the group of words “Commercial Taxes officer” exists under the Bihar Taxation on Luxuries in Hotels Act, 1988 shall be substituted by the group of words “Assistant Commissioner State Tax”. (ii) Wherever the group of words “Assistant Commissioner of Commercial Taxes” exists under the Bihar Taxation on Luxuries in Hotels Act, 1988 shall be substituted by the group of words “Deputy Commissioner State Tax”. (iii) Wherever the group of words “Deputy Commissioner of Commercial Taxes” exists under the Bihar Taxation on Luxuries in Hotels Act, 1988 shall be substituted by the group of words “Joint Commissioner State Tax”. (iv) Wherever the group of words “Joint Commissioner of Commercial Taxes” exists under the Bihar Taxation on Luxuries in Hotels Act, 1988 shall be substituted by the group of words “Additional Commissioner State Tax”. (v) Wherever the group of words “Senior Joint Commissioner of Commercial Taxes” or “Additional Commissioner of Commercial Taxes” exists under the Bihar Taxation on Luxuries in Hotels Act, 1988 shall be substituted by the group of words “Special Commissioner State Tax”. (vi) Wherever the group of words “Commissioner of Commercial Taxes” exists under the Bihar Taxation on Luxuries in Hotels Act, 1988 shall be substituted by the group of words “Commissioner State Tax”. ### 6. Amendment in the Bihar Electricity Duty Act, 2018 (Bihar Act 4 of 2018).— (i) Wherever the group of words “Commercial Taxes officer” exists under the Bihar Electricity Duty Act, 2018 shall be substituted by the group of words “Assistant Commissioner State Tax”. (ii) Wherever the group of words “Assistant Commissioner of Commercial Taxes” exists under the Bihar Electricity Duty Act, 2018 shall be substituted by the group of words “Deputy Commissioner State Tax”. (iii) Wherever the group of words “Deputy Commissioner of Commercial Taxes” exists under the Bihar Electricity Duty Act, 2018 shall be substituted by the group of words “Joint Commissioner State Tax”. (iv) Wherever the group of words “Joint Commissioner of Commercial Taxes” exists under the Bihar Electricity Duty Act, 2018 shall be substituted by the group of words “Additional Commissioner State Tax”. (v) Wherever the group of words “Senior Joint Commissioner of Commercial Taxes” or “Additional Commissioner of Commercial Taxes” exists under the Bihar Electricity Duty Act, 2018 shall be substituted by the group of words “Special Commissioner State Tax”. (vi) Wherever the group of words “Commissioner of Commercial Taxes” exists under the Bihar Electricity Duty Act, 2018 shall be substituted by the group of words “Commissioner State Tax”. ### 7. Amendment in the Bihar Tax on Advertisements Act, 2007 (Bihar Act 8 of 2007).— (i) Wherever the group of words “Commercial Taxes officer” exists under the Bihar Tax on Advertisements Act, 2007 shall be substituted by the group of words “Assistant Commissioner State Tax”. (ii) Wherever the group of words “Assistant Commissioner of Commercial Taxes” exists under the Bihar Tax on Advertisements Act, 2007 shall be substituted by the group of words “Deputy Commissioner State Tax”. (iii) Wherever the group of words “Deputy Commissioner of Commercial Taxes” exists under the Bihar Tax on Advertisements Act, 2007 shall be substituted by the group of words “Joint Commissioner State Tax”. (iv) Wherever the group of words “Joint Commissioner of Commercial Taxes” exists under the Bihar Tax on Advertisements Act, 2007 shall be substituted by the group of words “Additional Commissioner State Tax”. (v) Wherever the group of words “Senior Joint Commissioner of Commercial Taxes” or “Additional Commissioner of Commercial Taxes” exists under the Bihar Tax on Advertisements Act, 2007 shall be substituted by the group of words “Special Commissioner State Tax”. (vi) Wherever the group of words “Commissioner of Commercial Taxes” exists under the Bihar Tax on Advertisements Act, 2007 shall be substituted by the group of words “Commissioner State Tax”. ### 8. Amendment in the Bihar Tax on Professions, Trades, Callings and Employments Act, 2011. (Bihar Act 10 of 2011).— (i) Wherever the group of words “Commercial Taxes officer” exists under the Bihar Tax on Professions, Trades, Callings and Employments Act, 2011 shall be substituted by the group of words “Assistant Commissioner State Tax”. (ii) Wherever the group of words “Assistant Commissioner of Commercial Taxes” exists under the Bihar Tax on Professions, Trades, Callings and Employments Act, 2011. shall be substituted by the group of words “Deputy Commissioner State Tax”. (iii) Wherever the group of words “Deputy Commissioner of Commercial Taxes” exists under the Bihar Tax on Professions, Trades, Callings and Employments Act, 2011 shall be substituted by the group of words “Joint Commissioner State Tax”. (iv) Wherever the group of words “Joint Commissioner of Commercial Taxes” exists under the Bihar Tax on Professions, Trades, Callings and Employments Act, 2011 shall be substituted by the group of words “Additional Commissioner State Tax”. (v) Wherever the group of words “Senior Joint Commissioner of Commercial Taxes” or “Additional Commissioner of Commercial Taxes” exists under the Bihar Tax on Professions, Trades, Callings and Employments Act, 2011 shall be substituted by the group of words “Special Commissioner State Tax”. (vi) Wherever the group of words “Commissioner of Commercial Taxes” exists under the Bihar Tax on Professions, Trades, Callings and Employments Act, 2011 shall be substituted by the group of words “Commissioner State Tax”. ### 9. Validation.— Notwithstanding anything contained in, the Bihar Value Added Tax Act, 2005. (Act 27 of 2005), the Bihar Tax on Entry of Goods into Local Areas for Consumption, Use or Sale Therein Act, 1993 (Bihar Act 16 of 1993), the Bihar Entertainment Tax Act, 1948 (Bihar Act 35. of 1948), the Bihar Taxation on Luxuries in Hotels Act, 1988 (Bihar Act 5 of 1988), Bihar Electricity Duty Act, 2018 (Bihar Act 4 of 2018), Bihar Tax on Advertisements Act, 2007 (Bihar Act 8 of 2007) and the Bihar Tax on Professions, Trades, Callings and Employments Act, 2011 (Bihar Act 10 of 2011).— (a) any reference to a Commercial Taxes Officer in any proceeding, whether initiated before the coming into force of these amendments, shall, on or after the appointed date, be construed as a reference to an Assistant Commissioner State Tax; (b) any reference to an Assistant Commissioner of Commercial Taxes in any proceeding, whether initiated before the coming into force of these amendments, shall, on or after the appointed date, be construed as a reference to a Deputy Commissioner of State Tax; (c) any reference to a Deputy Commissioner of Commercial Taxes in any proceeding, whether initiated before the coming into force of these amendments, shall, on or after the appointed date be construed as a reference to a Joint Commissioner of State Tax; (d) any reference to a Joint Commissioner of Commercial Taxes in any proceeding, whether initiated before the coming into force of these amendments, shall, on or after the appointed date, be construed as a reference to an Additional Commissioner of State Tax; (e) any reference to an Additional Commissioner of Commercial Taxes in any proceeding, whether initiated before the coming into force of these amendments, shall, on or after the appointed date, be construed as a reference to a Special Commissioner of State Tax; (f) any reference to Commissioner of Commercial Taxes in any proceeding, whether initiated before the coming into force of these amendments, shall, on or after the appointed date, be construed as a reference to a Commissioner of State Tax. By order of the Governor of Bihar, AKHILESH KUMAR JAIN, Secretary to the Government.

65b9306cab84c7eca86e88c0

acts

State of Odisha - Act ----------------------- The Orissa Contingency Fund Rules, 1967 ----------------------------------------- ODISHA India The Orissa Contingency Fund Rules, 1967 ========================================= Rule THE-ORISSA-CONTINGENCY-FUND-RULES-1967 of 1967 ----------------------------------------------------- * Published on 13 September 1967 * Commenced on 13 September 1967 The Orissa Contingency Fund Rules, 1967 Published vide Notification No. 31721-BI-156/67-F, dated the 13th September, 1967, Published vide Orissa Gazette, Part 3, No. 38, of 1967/27.9.1967 Notification No. 31721-BI-156/67-F, dated the 13th September, 1967. - In exercise of the powers conferred by Section 3 of the Orissa Contingency Fund Act, 1967 (Orissa Act 18 of 1967), the State Government do hereby make the following rules in supersession of the Orissa Contingency Fund Rules, 1950. ### 1. Short title. - These rules shall be called the Orissa Contingency Fund Rules, 1967. ### 2. The Orissa Contingency Fund (hereinafter referred to as the Fund) shall be held on behalf of the Governor by the Secretary to the Government in the Finance Department. ### 3. Advances from the Fund shall be made for the purposes of meeting unforseen and emergent expenditure pending authorisation by the Legislature. ### 4. All applications for advances from the Fund shall be made to the Secretary to Government in the Finance Department with the particulars contained in the form enclosed to these rules (Annexure) . ### 5. Even in cases where savings are available within a grant, token advances from the Fund for meeting a part or whole of the expenditure from savings should not be taken. Advances taken from the Fund shall be for the full amount required for expenditure. ### 6. (a) The Finance Department shall maintain an account of the Fund and shall see that the sum total of the advances sanctioned from the Fund does not exceed the balance in the Fund at any time. (b) In all cases supplementary grants shall be obtained by the Controlling Offices and Administrative Departments concerned for the recoupment of advances sanctioned from the Fund at the first session of the Assembly in which Supplementary Estimates will be presented, immediately after the advance is sanctioned [\* \* \*] [Deleted vide Orissa Gazette Part 111/25.7.1969.] . (c) As soon as the Supplementary Appropriation Act is passed, steps shall be taken by the Administrative Department concerned to issue an order for recoupment of the advance and a copy of the order which shall give reference to the number and the date of the order in which the advance was originally sanctioned and to the Supplementary Appropriation Act, shall be forwarded to the Accountant-General, Orissa and to the Finance Department. ### 7. All orders sanctioning advances from the Fund shall issue from the Finance Department and copies of such order specifying the amount of advances and the grant or appropriation to which they relate shall be forwarded to the Accountant-General, Orissa. ### 8. The Controlling Officers shall see that the actual expenditure out of the advances from the Fund does not exceed the sanctioned amounts under any circumstances. ### 9. (a) In the schedules of the supplementary demands prepared and presented for the vote of the Legislature for the recoupment of advance sanctioned from the Fund, the following notes shall be appended to the explanatory notes thereto. "A sum of Rs...........has been advanced from the Contingency Fund in ............ and a corresponding amount is required to enable repayment to be made to that Fund." (b) If the expenditure met out of the advances from the Fund is covered wholly or partly, from the savings available within the authorised appropriation, the note appended to the Supplementary Demand shall be in the following form. "A sum of Rs...........has been advanced from the Contingency Fund..............and an equivalent amount is required to enable repayment to be made to the Fund. The amount viz., Rs.........a part of that amount, viz, Rs.......... can be found by re-appropriation of savings within the grant and a token vote only is now required/a vote is required for the balance, viz., Rs........ only. ### 10. If at any time, after the order sanctioning an advance from the Fund has been issued in accordance with Rule 7, it is found that the advance sanctioned will remain wholly or partly utilised, an application shall be made to the sanctioning authority for cancelling or modifying the sanction, as the case may be. ### 11. All advances sanctioned from the Fund to meet the expenditure in excess of the provision for the service included in an Appropriation (Vote on Account) Act shall be repaid to the Fund as soon as the Appropriation Act in respect of the expenditure on the service for the whole year including the excess met from the advances from the Fund, has been passed. ### 12. (a) Separate accounts relating to the transactions of the Fund shall be maintained and verification of expenditure shall be carried on by the Controlling Officers. Actual expenditure incurred against advances from the Fund shall be recorded in the account relating to the Fund in the same detail as it would have been shown if it had been paid out of the Consolidated Fund. (b) The Accountant General shall furnish to the Finance Department a quarterly report showing actuals of expenditure incurred out of the advances sanctioned from Fund as soon as possible after the end of each quarter. (c) The Accountant-General shall be furnished with an account of the Fund as soon as possible after the close of each year by the Finance Department for verification with Audit office books. Annexure Application form for advance from the Orissa Contingency Fund ### 1. The Authority to whom the application should be made. ### 2. Name of the Departments applying for the advance. ### 3. Proposal (in full). ### 4. Whether the purpose for which advance is emergent, unforeseen and inescapable. ### 5. (i) Whether proposal is a "New-Service" for which normally prior vote (Token or otherwise) of the Legislature is necessary. (ii) Does it involve any embarrassing commitment ? ### 6. The circumstances under which the expenditure could not be included in the current Year's Budget Estimate. ### 7. Reasons for which the expenditure cannot be postponed till funds are provided by means of Supplementary Demand. ### 8. Full cost involved in the proposal for remaining part of the year and for the subsequent years. ### 9. (i) Amount required to be advanced from the Fund. (ii) Period for which the advance is necessary. ### 10. Amount available by re-appropriation from.the savings within the grant to meet the full or part of the advance. ### 11. The Major, Minor, Sub-head and Primary Units of appropriation to which the expenditure to be met from the advance is finally debitable. ### 12. [ Whether the proposal has been previously examined and agreed to by the Finance Department.] [In case the proposal is agreed to by the Finance Department the relevant file extracts of the views recorded by them with the minutes of Minister or Deputy Minister concerned, if any, should be furnished along with the application.] Signature of the Secretary Department Applying for advance

65bad5c9ab84c7eca86ec93e

acts

State of Jharkhand - Act -------------------------- Jharkhand Minor Mineral (Auction) Rules, 2017 ----------------------------------------------- JHARKHAND India Jharkhand Minor Mineral (Auction) Rules, 2017 =============================================== Rule JHARKHAND-MINOR-MINERAL-AUCTION-RULES-2017 of 2017 --------------------------------------------------------- * Published on 16 August 2017 * Commenced on 16 August 2017 Jharkhand Minor Mineral (Auction) Rules, 2017 Published vide Notification No. 05/kha.No.-JMM(Auction) Rules-02/2017-2302, dated 16.8.2017 No. 05/kha.No.-JMM(Auction) Rules-02/2017-2302. - In exercise of the powers conferred by section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 (67 of 1957), the Governor of Jharkhand exercises power to notify following rules:- Chapter 1 Preliminary -------------------------- ### 1. Short title and commencement. (1) These rules may be called the Jharkhand Minor Mineral (Auction) Rules, 2017. (2) They shall come into force on the date of their publication in the Official gazette. ### 2. Definitions. (1) In these rules, unless the context otherwise requires- (a) "Act" means the Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957); (b) "Composite Licence" means prospecting licence-cum-mining lease granted under rule 18; (c) "Mine Development and Production Agreement" means the agreement referred to in sub-rule (4) of rule 10 or sub-rule (8) of rule 18; (d) "Preferred bidder" means the bidder referred to in sub-clause (iii) of clause (b) of sub-rule (4) of rule 9; (e) "Qualified bidders" means the bidder referred to in sub-clause (iv) of clause (a) of sub-rule (4) of rule 9; (f) "Reserve Price" means the minimum percentage of value of mineral despatched as referred to in sub-rule (1) of rule 8; (g) "State Government" means Government of Jharkhand. (h) "Section" means section of the Act; (i) "Schedule" means a Schedule appended to these rules; (j) "Successful bidder" means the bidder as referred to in sub-rule (3) of rule 10 or sub-rule (2) of rule 18; (k) "Technically Qualified Bidders" means the bidder as referred to in sub-clause (ii) of clause (a) of sub-rule (4) of rule 9; (l) "Tender Document" means the tender document issued by the Director, Mines/Deputy Commissioner for conduct of an auction referred to in sub-rule (2) of rule 9; (m) "Upfront Payment" means the payment referred to in sub-rule(1) of rule 11; (n) "Value of estimated resources" means an amount equal to the product of," (i) the estimated quantity of mineral resources for which the mineral block is being auctioned, expressed in metric tonne/cft; and (ii) the average price per metric tonne of such mineral as published by Indian Bureau of Mine for Jharkhand State for a period of twelve months immediately preceding the month of computation of the Value of Estimated Resources or the price notified by the Director, Mines; on the basis of the norm followed by Indian Bureau of Mines. "Value of mineral despatched" shall have the meaning specified in sub-rule (2) of rule 8. (o) "Director Mines" means appointed as Director, Mines by the State Government. (p) "Director Geology" means appointed as Director, Geology by the State Government. (q) "Deputy Commissioner" means appointed as Deputy Commissioner of respective District. (2) The words and expressions used in these rules but not defined herein shall have the same meaning as assigned to them in the Act or rules made there under. ### 3. Application. - These rules shall apply to all minor minerals except Soil, Brick Earth, Morrum, Reh Soil, clay for making Raniganj tiles and Stone (Boulder, Bajri, Single, Stone Brick, Stone Dust) over an area of less than five hectare of Raiyati land (Private land). ### 4. Grant of concession. (1) Where mineral contents of an area has been established and demarcated by the Director Geology, Mining Lease shall be granted in the manner specified under the provisions of JMMC Rules, 2004 as amended from time to time. (2) A Composite Licence with respect to an area where the mineral content of an area have not been fully established but mineral block has been prepared by Director of Geology for grant of composite Licence, shall be granted in the manner specified under the provision of JMMC Rules, 2204 as amended from time to time. Chapter II Grant of Mining Lease ------------------------------------- ### 5. Prerequisites for auction of Mining Lease. (1) The Director, Mines/Deputy Commissioner may initiate an auction process for grant of a mining lease with respect to an area within the District if the mineral contents in such area has been established by Director, Geology. (2) The Director, Mines/Deputy Commissioner shall, prior to issuance of the notice inviting tender with respect to mineral auction, identify and demarcate the area where a mining lease is proposed to be granted through auction and the area so demarcated shall be classified into forests land, land owned by the State Government and land not owned by the State Government. (3) The extent of area so demarcated shall include area required for all the activities falling under the definition of 'mine' as defined in clause (i) of sub-section (1) of section 2 of the Mines Act. ### 6. Eligibility for Mining Lease. (1) For the purpose of participating in the auction of mining lease, an applicant shall meet the requirements as specified in section 5 of MMDR Act and the terms and conditions of eligibility as specified in Schedule-1. (2) The Director, Mines/Deputy Commissioner may having regard o article 244 and the Fifth Schedule to the Constitution, the provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996); and the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007), make such amendments to Schedule I as it may deem necessary. (3) The eligibility for participating in the auction shall be determined as per the terms and conditions of eligibility for participating in the auction and the Successful Bidder shall be decided solely on the basis of financial bids submitted by the eligible bidders. ### 7. Electronic Auction. (1) An auction shall be conduced only through an online electronic auction platform. (2) The Director, Mines/Deputy Commissioner may utilise any online electronic auction platform which meets the minimum technical and security requirements as specified in the Guidelines for compliance to Quality requirements of e-Procurement Systems issued by the Standardisation Testing and Quality Certification Directorate, Department of Information Technology, Ministry of Communications and Information Technology, Government of India. ### 8. Bidding parameters. (1) The Director, Mines/Deputy Commissioner shall specify in the tender document the minimum percentage of the value of mineral despatched, which shall be known as the "reserve price." (2) The value of mineral despatched shall be an amount equal to the product of:- (i) mineral despatched in a month; and (ii) sale price of the mineral (Grade-wise and State-wise) as published by Indian Bureau of Mines for such month of despatch or the price notified by the Director, Mines. (3) The bidders shall quote, as per the bidding parameter, for the purpose of payment to the State Government, a percentage of value of mineral despatched equal to or above the reserve price and the successful bidder shall pay to the Director, Mines/Deputy Commissioner an amount equal to the product of,- (i) percentage so quoted; and (ii) value of mineral despatched. (4) Where an area is being auctioned for more than one mineral, the percentage of value of mineral despatched as quoted by the successful bidder under sub-rule (3) shall be applicable for the purpose of payment to the Director, Mines/Deputy Commissioner in respect of each such mineral. (5) If subsequent to grant of a mining lease, one or more new minerals are discovered, the percentage of value of mineral despatched as quoted by the successful bidder under sub-rule (3) shall be applicable for the purpose of payment to the Director, Mines/Deputy Commissioner in respect of each such mineral. ### 9. Bidding Process. (1) Subject to the provisions of rule 5, the Director, Mines/Deputy Commissioner shall issue a notice inviting tender, at least in three daily News Paper and on the State Government Website to commence the auction process and such notice shall contain brief particulars regarding the area under auction, including:- (a) particulars of the area identified and demarcated shall be divided into forces land, land owned by the State Government, and land not owned by the State Government. (b) estimated mineral resources and brief particulars regarding evidence of mineral contents with respect to all minerals in the area as provided by Director, Geology. (2) The tender document issued by the Director, Mines/Deputy Commissioner shall contain.- (a) geological report prepared by the Director, Geology specifying particulars and estimated quantities of all minerals discovered in the area; and (b) revenue survey details of the area identified and demarcated shall be divided into forest land, land owned by the State Government, and land not owned by the State Government. (3) The bidders shall be provided a fixed period, as notified by the Director, Mines/Deputy Commissioner to study the tender document and such reports and the bidding process shall commence only on expiry of such period. (4) The auction shall be an ascending forward online electronic auction and shall comprise of the following rounds, namely:- (a) First Round of Auction to be held in the following manner, namely:- (i) the bidders shall submit- (A) a technical bid comprising amongst others, documentary evidence to confirm eligibility as per the provisions of the Act and the rules made thereunder to participate in the auction, bid security and such other documents and payments as may be specified in the tender document; and (B) an initial price offer which shall be a percentage of value of mineral despatched; (ii) only those bidders who are found to be eligible in accordance with the terms and conditions of eligibility specified in rule 6 and whose initial price offer is equal to or greater than the reserve price, referred to as "technically qualified bidders", shall be considered for the second round of electronic auction; (iii) The Highest initial price offer amongst the technically qualified bidders shall be the floor price of the second round of online electronic auction. (iv) the technically qualified bidders shall be ranked on the basis of the descending initial price offer submitted by them and the technically qualified bidders holding the first fifty percent of the ranks (with any fraction rounded off to higher integer) or the top five technically qualified bidders, whichever is higher, shall qualify as qualified bidders for participating in the second round of electronic auction: Provided that where the total number of technically qualified bidders is less than three, then no technically qualified bidder shall be considered to be qualified bidder and the auction process shall be annulled: Provided further that the Director, Mines/Deputy Commissioner may, in its discretion, decide not to annual the auction process if even in the third or subsequent attempt the total number of technically qualified bidders continues to be less than three and the Director, Mines/Deputy Commissioner may, in such case, decide to consider the technically qualified bidders as qualified bidders so as to continue with the bidding process: Provided also that if the number of technically qualified bidders is between three and five, then all the technically qualified bidders shall be considered as qualified bidders: Provided also that in the event of identical initial price offers being submitted by two or more technically qualified bidders, all such technically qualified bidders shall be assigned the same rank for the purpose of determination of qualified bidders and in such case, the aforementioned fifty percent shall stand enhanced to fifty percent plus the number of technically qualified bidder, whose initial price offers are identical less the number of such identical initial price offers. Illustration. - In the event there are a total of ten technically qualified bidders, and each technically qualified bidder submits different initial price offer, then the technically qualified bidders holding the first fifty percent of ranks shall be considered to be qualified bidders. If three such technically qualified bidders submit the same initial price offer and are ranked in first fifty percent of the total number of ranks, then, all the three technically qualified bidders shall be considered to be qualified bidders and the total number of qualified bidders shall stand increased by two. (b) Second Round of Auction to be held in the following manner, namely:- (i) the qualified bidders may submit their final price offer which shall be a percentage of value of mineral despatched and grater than the floor price: Provided that the final price offer may be revised till the conclusion of the auction as per the technical specifications of the auction platform: (ii) The auction process shall be annulled if none of the qualified bidders submits a final price offer on the online electronic auction platform; (iii) the qualified bidder who submits the highest final price offer shall be declared as the "preferred bidder" immediately on conclusion of the auction. ### 10. Grant of Mining Lease. (1) The preferred bidder shall submit the first installment being ten percent of the upfront payment as per rule 11. (2) Upon receipt of the first instalment of the upfront payment, the Director, Mines/Deputy Commissioner shall issue a letter of intent to the preferred bidder. (3) The preferred bidder shall be considered to be the "successful bidder" upon,- (a) continuing to be in compliance with all the terms and conditions of eligibility; (b) payment of the second instalment being ten per cent. of the upfront payment; (c) furnishing performance security as specified in rule 12; (d) satisfying the conditions with respect to Mining Plan specified in Jharkhand Minor Mineral Concession Rules, 2004 as amended from time to time. (e) satisfying such other conditions as may be specified by the Director, Mines/Deputy Commissioner with the prior approval of the State Government. (4) The successful bidder shall sign the Mine Development and Production Agreement with the Deputy Commissioner upon obtaining all consents, approvals, permits, no-objections and the like as may be required under applicable laws for commencement of mining operations. (5) The successful bidder shall pay the third installment being eighty percent of the upfront payment subsequent to execution of the Mine Development and Production Agreement and upon such payment the Deputy Commissioner shall grant a mining lease to the successful bidder. (6) The Mining Lease Deed shall be executed by the Deputy Commissioner within thirty days of the date of completion of the conditions specified in sub-rule (5) and shall be subject to the provisions of the Act and the rules made thereunder. (7) The mining lease shall be for minerals found in the area pursuant to exploration/reserve estimated prior to the auction: Provided that where, subsequent to the auction, any new mineral is discovered, then the holder of mining lease shall follows the provisions of the Jharkhand Minor Mineral Concession Rules, 2004 as amended from time to time for inclusion of such new mineral in the Mining Lease Deed. (8) Where, prior to the auction or subsequent to the auction, presence of minor mineral is established or discovered, such minor minerals shall be dealt in accordance with such rules made/to be made by the State Government under section 15. (9) The date on which a duly executed Mining Lease Deed is registered shall be the date of commencement of the mining lease. ### 11. Upfront payment for mining lease. (1) An amount equal to 0.50% of the value of estimated resources shall be the upfront payment. (2) The upfront payment shall be payable to the Director, Mines/Deputy Commissioner in three installments of ten percent; ten percent; and eighty percent as specified in the tender document and shall be adjusted in full against the amount paid under sub-rule (3) of rule 8 of these rules within the first five years of commencement of production of mineral as specified in the tender document. ### 12. Performance security for mining lease. (1) The successful bidder shall provide a performance security of an amount of 0.50% of the value of estimated resources and the performance security shall be adjusted every five years so that it continues to correspond to 0.50% of the reassessed value of estimated resources. (2) The performance security provided through bank guarantee in the format as specified in Schedule II or through security deposit, may be invoked as per the provisions of- (i) the Mine Development and Production Agreement and (ii) the Mining Lease Deed. ### 13. Payments under mining lease. (1) The lessee shall pay royalties and dead rent to the State Government as specified in the Act and the rules made thereunder. (2) The lessee shall pay the applicable amount quoted under rule 8 to the State Government on a monthly basis. (3) The lessee shall contribute such amounts as may be required under the Act/Rule made thereunder to- (a) the designated account of the District Mineral Foundation. (4) The lessee shall also pay such other amounts as may be required under any law for the time being in force to the concerned authorities. ### 14. Payment of Interest. - The State Government shall charge simple interest at the rate of twenty four percent per annum on any payment due to State Government under these rules the payment of which is delayed beyond sixty days from the due date thereof. ### 15. Time Period. - The time period for compliance of rules 10 to 14 of these rules shall be as specified in the tender document. Chapter III Grant of Composite Licence ------------------------------------------- ### 16. Prerequisites for auction of Composite Licence. (1) The Director, Mines/Deputy Commissioner may initiate an auction process for grant of a Composite Licence with respect to an area within the State in accordance with the provisions of these rules and this Chapter for the mineral block prepared by the Director, Geology for grant of a Composite Licence. (2) The Director, Mines/Deputy Commissioner shall, prior to issuance of the notice inviting tender with respect to auction, identify and demarcate the area where a Composite Licence is proposed to be granted through auction and the area so demarcated shall be classified into forests land, land owned by the State Government, and land not owned by State Government. ### 17. Auction for Composite Licence. (1) The auction process as specified in rules 6 to 9 shall be applicable for conduct of auction for grant of a Composite Licence subject to the following, namely:- (a) the State Government shall not make any reservation on the basis of end use; (b) the Director, Mines/Deputy Commissioner shall subject to compliance of rule 16, issue a notice inviting tender, including on their website, to commence the auction process and such notice shall contain brief particulars regarding the area under auction, including- (i) particulars of the area identified and demarcated shall be divided into forest land, land owned by the State Government, and land not owned by the State Government. (ii) estimated mineral resources with respect to all minerals discovered in the area as prepared by Director, Geology. (c) the tender document issued by the Director, Mines, shall contain,- (i) geological report specifying particulars and estimated quantities of all minerals discovered in the area as prepared by Director, Geology; and (ii) revenue survey details of the area identified, demarcated shall be divided into forest land, land owned by the State Government, and land not owned by the State Government. (d) the bidders shall be provided a fixed period, as prescribed by the Director, Mines/Deputy Commissioner to study the Tender Document and such reports and the bidding process shall commence only on expiry of such period. ### 18. Grant of Composite Licence. (1) Upon completion of the auction process, the preferred bidder shall submit a performance security in the manner specified in sub-rule (1) of rule 19 and upon receipt of such performance security, the Director, Mines/Deputy Commissioner shall issue a letter of intent to the preferred bidder. (2) On receipt of the letter on intent the preferred bidder shall be considered to be the successful bidder upon fulfilment of the following conditions, namely:- (a) compliance with all the terms and conditions of eligibility: (b) obtaining all consents, approvals, permits, no-objections and the like as may be required under applicable laws for commencement of prospecting operations; and (c) submitting the Scheme of prospecting. (3) Upon fulfilment of the conditions specified in sub-rule (2) the Director, Mines/Deputy Commissioner shall grant a Composite Licence to the successful bidder and such Composite-Licence shall be subject to the provisions of the Act and the rules made thereunder, as applicable to a prospecting licence and mining lease. (4) The minimum area for grant of a Composite Licence shall not be less than the minimum area for which a mining lease may be granted in accordance with the provisions of the Jharkhand Minor Mineral Concession Rules, 2004 as amended from time to time and the maximum area shall be in accordance with section 6 as applicable to a prospecting licence. (5) The holder of a Composite Licence shall conduct geological exploration of the area under the Composite Licence so as to ascertain evidence of mineral contents and shall submit periodic reports in accordance with the Act and rules made thereunder, as applicable to a prospecting licence and all reports, studies and other documentation related to the geological exploration of the area under the Composite Licence shall be submitted to the Director, Mines/Deputy Commissioner. (6) If a holder of a Composite Licence,- (a) fails to complete prospecting operations or fails to establish the existence of mineral contents in accordance with the guidelines issued by the Director, Geology such holder shall not be eligible to receive a mining lease and the Composite Licence shall be terminated; (b) completes prospecting operations in accordance with the guidelines issued by the Director, Geology resulting in determination of evidence of mineral contents, such holder shall make an application to the Director, Mines/Deputy Commissioner for grant of a mining lease accompanied with the first instalment, being ten percent of the upfront payment: Provided that the mining lease shall be granted only with respect to the area for which evidence of mineral contents has been found and shall not be for an area larger than the maximum area for which a mining lease may be granted under the Act: Provided further that any excess area shall be deemed to be surrendered by the holder of Composite Licence after completing its reclamation. (7) Upon receipt of the duly completed mining lease application and the first instalment of the upfront payment as specified in clause (b) of sub-rule (6), the Director, Mines/Deputy Commissioner shall issue a letter of intent for mining lease. (8) A Mine Development and Production Agreement shall be executed between the Director, Mines/Deputy Commissioner and the holder of Composite Licence if the holder of a Composite Licence- (a) continues to comply with the terms and conditions of eligibility; (b) pays the second instalment being ten percent of the upfront payment; (c) furnishes the enhanced performance security as specified in sub-ruled(2) of rule 19; (d) satisfying the conditions with respect to Mining Plan specified in Jharkhand Minor Mineral Concession Rules, 2004 as amended from time to time; (e) obtains all consents, approvals, permits, no-objections and the like as may be required under applicable laws for commencement of mining operations; and (f) satisfies such other conditions as may be specified by the Director, Mines with the prior approval of the State Government. (9) The holder of the Composite Licence shall pay the third instalment being eighty percent of the upfront payment, subsequent to execution of the Mine Development and Production Agreement and upon such payment, the State Government shall execute a Mining Lease Deed with the holder of the Composite Licence within thirty days of the date of completion of all the conditions specified in sub-rule(8). (10) The mining lease shall be subject to the provisions of the Act and the rules made thereunder. (11) The mining lease shall be for minerals found in the area pursuant to exploration prior to the auction: Provided that where subsequent to the auction, any new mineral is discovered, then the holder of the mining lease shall follow the provisions of the Jharkahnd Minor Mineral Concession Rules, 2004 as amended from time to time for inclusion of such new mineral in the Mining Lease Deed. (12) The date on which a duly executed Mining Lease Deed is registered shall be the date of commencement of the mining lease. ### 19. Performance Security for Composite Licence. (1) An amount of 0.25% of the value of estimated resources shall be payable by the preferred bidder as performance security prior o the issuance of the Composite Licence. (2) The amount of performance security shall be revised, prior to the issuance of the mining lease, to an amount of 0.50% of the value of estimated resources. (3) The performance security provided under sub-rule (2) shall be adjusted every five years so that it continues to correspond to 0.50% of the reassessed value of estimated resources. (4) The performance security may be invoked as per provisions of,- (i) the Mine Development and Production Agreement and (ii) the Mining Lease Deed. Chapter IV Miscellaneous ----------------------------- ### 20. Power to rectify apparent mistakes. - Any clerical or arithmetical mistake in any order passed by the Director, Mines/Deputy Commissioner or any authority or officer under these rules and any error arising therein due to accidental slip or omission, may be corrected by the Director, Mines/Deputy Commissioner the concerned authority or officer, as the case may be: Provided that no rectification order prejudicial to any person shall be passed unless such person has been given a reasonable opportunity of being heard. ### 21. Exploration Obligation. - The holder of a Composite Licence shall complete detailed exploration and prepare a detailed feasibility study report confirming to the Guidelines issued by the Director, Geology over the entire area under the mining lease, within a period of Three years from the date of commencement of such mining lease. Schedule 1 ------------ Terms and conditions of eligibility [See rules 6(1) and 6(2)] ### 1. The following net worth requirements shall be applicable for an auction of mining lease depending on the Value of Estimated Resources,- (a) If the Value of Estimated Resources is more than Rupees 10 (Ten) Crores, the applicant, including an individual, shall have a net worth more than 4% of Value of Estimated Resources. (b) If the Value of Estimated Resources is less than or equal to Rupees 10(Ten) Crores, the applicant, not being an individual, shall have a net worth more than 2% of Value of Estimated Resources. (c) If the Value of Estimated Resources is less than or equal to Rupees 10 (Ten) Crores, the applicant, being an individual, shall have a minimum net worth of 1% of the Value of Estimated Resources. ### 2. In case of auction of Composite Licence, the applicant must have a not worth of more than 1% of the Value of Estimated Resources. Explanation. - (1) In case an applicant is a subsidiary of another company incorporated in India, the net worth of such holding company may also be considered: Provided that, in such case, the applicant must continue to be a subsidiary of such holding company until such time the applicant meets the aforementioned net worth threshold. (2) In case of a Company, the Net worth shall be the sum of paid up share capital and the free Reserves as per the audited Balance Sheet of the immediately preceding financial year. (3) In case of an individual, the Net worth shall be the closing case balance on the last date for submission of application, and such amount may include amount in Savings Bank accounts in Scheduled Bank/Post Office, free and un-encumbered Fixed Deposits in Scheduled Banks, Post Office, Listed Companies/Government Organisation/Public Sector Undertaking of State and Central Government, Kisan Vikas Patra, National Saving certificate, Bonds, Shares of Listed Companies, Listed Mutual Funds, Unit Linked Insurance Plan, Public Provident Fund, Surrender Value of Life Insurance policies in the name of Applicant. II ---- Format of Performance Security [See rules 12(2) ] [Reference number of the bank][date] To The Director, Mines/Deputy Commissioner [address] Whereas A. [Name of the Successful Bidder] incorporated in India under the Companies Act, [1956/2013] with corporate identify number/CIN of the Successful Bidder], whose registered office is at -address of registered office], India and principal place of business is at [address of principal place of business, if different from registered office] (the "Successful Bidder") is required to provide an unconditional and irrevocable bank guarantee for an amount equal to INR [figures] (Indian Rupees[words])as a performance security valid until [date of expiry of performance bank guarantee] ["Expiry Date"]. B. The Performance Security is required to be provided to The Director, Mines/Deputy Commissioner of [Name of District], for discharge of certain obligations under the Tender Document dated, [date] with respect to auction of [particulars of auction] and the Mine Development and Production Agreement to be executed between the Director, Mines/Deputy Commissioner and the Successful Bidder [collectively the "Agreement"]. C. We, [name of the bank] (the "Bank") at the request of the Successful Bidder do hereby undertake to pay to the Director, Mines/Deputy Commissioner an amount not exceeding INR [figures] (Indian Rupees [words]) ("Guarantee Amount") to secure the obligations of the Successful Bidder under the Agreement on demand from the Director, Mines/Deputy Commissioner on the terms and conditions herein contained herein. Now Therefore, the Bank hereby issues in favour of the Director, Mines/Deputy Commissioner this irrevocable and unconditional payment bank guarantee (the "Guarantee") on behalf of the Successful Bidder in the Guarantee Amount: ### 1. The Bank for the purpose hereof unconditionally and irrevocably undertakes to pay to the Director, Mines/Deputy Commissioner without any demur, reservation, caveat, protests or recourse, immediately on receipt of first written demand from the Director, Mines/Deputy Commissioner, a sum or sums (by way of one of more claims) not exceeding the Guarantee Amount in the aggregate without the Director, Mines/Deputy Commissioner needing to prove or to show to the Bank grounds or reasons for such demand for the sum specified therein and notwithstanding any dispute or difference between the Director, Mines/Deputy Commissioner and Successful Bidder on any matter whatsoever. The Bank undertakes to pay to the Director, Mines/Deputy Commissioner any money so demanded notwithstanding any dispute or disputes raised by the Successful Bidder in any suit or proceeding pending before any court or tribunal relating thereto the Bank's liability under this present being absolute and unequivocal. ### 2. The Bank acknowledges that any such demand by the Director, Mines/Deputy Commissioner of the amounts payable by the Bank to the State shall be final, binding and conclusive evidence in respect of the amounts payable by Successful Bidder to the Director, Mines/Deputy Commissioner under the Agreement. ### 3. The Bank hereby waives the necessity of the Director, Mines/Deputy Commissioner from demanding the aforesaid amount or any part thereof from the Successful Bidder and also waives any right that the Bank may have of first requiring the Director, Mines/Deputy Commissioner to pursue its legal remedies against the Successful Bidder, before presenting any written demand to the Bank for payment under this Guarantee. ### 4. The Bank further unconditionally agrees with the Director, Mines/Deputy Commissioner that the Director, Mines/Deputy Commissioner shall be at liberty, without the Bank's consent and without affecting in any manner the Bank's obligation under this Guarantee, from time to time to: (i) vary and/or modify and of the terms and conditions of the Agreement; (ii) extend and/ or postpone the time for performance of the obligations of the Successful Bidder under the Agreement, or (iii) forbear or enforce any of the rights exercisable by the Director, Mines/Deputy Commissioner against the Successful Bidder under the terms and conditions of the Agreement, and the Bank shall not be relieved from its liability by reason of any such act or omission on the part of the State or any indulgence by the Director, Mines/Deputy Commissioner to the Successful Bidder or other thing whatsoever which under the law relating to sureties would, but for this provision, have the effect of relieving the Bank of its obligations under this Guarantee. ### 5. Any payment made hereunder shall be made free and clear of and without deduction for, or on account of, any present or future taxes, levies, imposts, duties, charges, fees, commissions, deductions or with holdings of any nature whatsoever. ### 6. The Bank agrees that Director, Mines/Deputy Commissioner at its option shall be entitled to enforce this Guarantee against the Bank, as a principal debtor in the first instance without proceeding at the first instance against the Successful Bidder. ### 7. The Bank further agree that the guarantee herein contained shall remain in full force and effect during the period that specified in the Agreement and that is shall continue to be enforceable till all the obligations of the Successful Bidder under or by virtue of the said Agreement with respect to the Performance Security have been fully paid and its claims satisfied or discharged or till the Director, Mines/Deputy Commissioner certifies that the terms and conditions of the Agreement with respect to the Performance Security have been fully and properly carried out by the Successful Bidder and accordingly discharges this guarantee. Notwithstanding anything contained herein, unless a demand or claim under this guarantee is made on the Bank in writing on or before the Expiry Date the Bank shall be discharged from all liability under this guarantee thereafter. ### 8. The payment so made by the Bank under this Guarantee shall be a valid discharged of Bank's liability for payment thereunder and the Director, Mines/Deputy Commissioner shall have no claim against the Bank for making such payment. ### 9. This Guarantee is subject to the laws of India. Any suit, action, or other proceedings arising out of this Guarantee or the subject matter hereof shall be subject to the exclusive jurisdiction of courts at Ranchi. ### 10. The Bank has the power to issue this Guarantee in favour of the Director, Mines/Deputy Commissioner. This guarantee will not be discharged due to the change in the constitution of the Bank. ### 11. The Bank undertakes not to revoke this Guarantee during its currency except with the previous consent of the Director, Mines/Deputy Commissioner in writing. ### 12. The Director, Mines/Deputy Commissioner may, with prior intimation to the Bank, assign the right under this Guarantee to any other departments, ministries or any governmental agencies, which may act in the name of the Director, Mines/Deputy Commissioner. Save as provided in this Clause 12, this Guarantee shall not by assignable or transferable. ### 13. Notwithstanding anything contained herein. a. the liability of the bank under this bank guarantee shall not exceed the Guarantee Amount. b. This bank guarantee shall be valid up to the Expiry Date. ### 14. The Bank is liable to pay the guaranteed amount or any part thereof under this bank guarantee only and only if the Director, Mines/Deputy Commissioner serves upon the Bank a written claim or demand on or before the Expiry Date. Dated the [day] day of [month] [year] for the Bank. In witness whereof the Bank, through its authorized officer, has set its hand and stamp. .......................................... (Signature) .......................................... (Name and Designation) (Bank Stamp)

65baad47ab84c7eca86ec52c

acts

State of Gujarat - Act ------------------------ The Bombay Stamp Act, 1958 ---------------------------- GUJARAT India The Bombay Stamp Act, 1958 ============================ Act 60 of 1958 ---------------- * Published on 11 June 1958 * Commenced on 11 June 1958 The Bombay Stamp Act, 1958 (Bombay Act No. 60 of 1958 ) Last Updated 13th June, 2019 Statement of object and Reasons Act No. 15 of 2013. - Articles 6, 14, 20 and 27 of the Schedule I to the Gujarat Stamp Act, 1958 relate to Agreement or Monorandam of Agreement relating to deposit of Title Deed, Pawn, Pledge or Hypothecation, Bond, Conveyance and Further Charge respectively. The prevailing maximum amount of stamp duty payable under these articles is applicable since 2006. Since the maximum duty under the said articles is very low, it is considered necessary to revise the maximum amount of stamp duty chargeable on the said instruments. Sub-clauses (1) , (2), (4) and (5) of clause 2 of the Bill proposes to amend the said articles suitably. The existing Article 18 of the Schedule I provides for the duty payable on the value of share, scrip or stock. However it is considered necessary to include the amount of premium, if any, charged on the share, scrip or stock and therefore, to clarify the position, the Explanation to Article 18 is added. Sub-clause (3) of clause 2 of the Bill proposes to amend the said article. It is proposed to amend Article 45 to provide that the stamp duty shall be charged at the rate of hundred rupees, if the power of attorney is given without consideration to the father, Mother, brother, sister, wife, husband, daughter, son, grandson, granddaughter and in the other cases, the stamp duty shall be charged as is payable on conveyance. Sub-clause (6) of clause 2 of the Bill proposes to amend the said article. Article 49 is proposed to be substituted to provide that the stamp duty shall be charged at the rate of hundred rupees in case where a claim is renounced in respect of ancestral property to brother or sister, or son or daughter, or son of predeceased son, or daughter or predeceased son, or father or mother or spouse of the ronouncer, or the legal heirs of the above said relation and in other cases, the stamp duty shall be charged as is payable on conveyance or the market value of the claim, whichever is grater. Sub-clause (7) of clause 2 of the Bill proposes to substituted the said article. This Bill seeks to amend the said Act to achieve the aforesaid objects. ### 1. [Statement of Objects and Reasons. - This Bill seeks to amend the Gujarat Stamp Act, 1958 with a view to giving effect to the Budget proposal contained in the Budget Speech of the Finance Minister in the Gujarat Legislative Assembly on the 1st July, 2014. Accordingly, the stamp duty which is one per cent, in respect of giving authority or power to a promoter or a developer by whatever name called for construction or development or sale or transfer of any immovable property as provided in clause (ga) of Art. 5 of Schedule I to the said Act is proposed to be raised to three and a half per cent. It is also proposed to amend Art. 44 to levy stamp duty at the rate of three and a half per cent in case where the partners of a partnership firm bring immovable property as capital in the partnership firm. Also in case of power of attorney when given to a promoter or developer by whatever name called for construction on or development or sale or transfer of any immovable property the stamp duty payable at the rate of one per cent, at present as provided in clause (g) of Art. 45 is proposed to be raised to three and a half per cent. This Bill seeks to amend the said Act to achieve the aforesaid objects.] 1. Gujarat Government Gazatee Extraordinary, Part V, Extra No. 22, dated 18.7.2014, page 22-3. [Dated 11th June, 1958.] For Statement of Objects and Reasons, see Bombay Government Gazette, 1958 Extra Part V, p. 122. Amendment by Gujarat 5 of 1976 came into force w.e.f. dated 01-11-1975 as per Gujarat ordinance No. 6 of 1975 w.e.f. dated 31-10-1975 An Act to consolidate and amend the law relating to stamps and stamp duties in the State of Bombay. Whereas it is expedient to consolidate and amend the law relating to stamps and rates of stamp duties other than those in respect of documents specified in entry 91 of List I in the Seventh Schedule to the Constitution of India in the State of Bombay; It is hereby enacted in the 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 Bombay Stamp Act, 1958. (2) It extends to the whole of the [State of Gujarat] [These words were substituted for the words 'State of Bombay' by the Gujarat Adaptation of Laws (State and Concurrent Subjects) order, 1960] . (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, direct. ### 2. Definitions. - In this Act, unless there is anything repugnant in the subject or context,- (a) "association" means any association, exchange, organization or body of individuals whether incorporated or not, established for the purpose of regulating and controlling business of the sale or purchase of or other transaction relating to any goods or marketable securities; (b) "banker" includes a bank and any person acting as a banker; (c) "bond" includes,- (i) any instrument where by a person obliges himself to pay money to another on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be; (ii) any instrument attested by a witness and not payable to order or bearer, whereby a person obliges himself to pay money to another; and (iii) any instrument so attested whereby a person, obliges himself to deliver grain or other agricultural produce to another; (d) "chargeable" means, as applied to an instrument executed or first executed after the commencement of this Act, chargeable under this Act, and as applied to any other instruments, chargeable under the law in force in the State when such instrument was executed or where several persons executed the instrument at different times first executed; (dd) [ "Chief Controlling Revenue Authority" means such officer as the State Government may, by notification in the Official Gazette, appoint in this behalf for the whole or any part of the [State of Gujarat] [Clause (dd) was inserted by Bombay, 95 of 1958, Section 2] ; (e) [ "clearance list" means a list of transactions relating to contracts required to be submitted to the clearing house of an association in accordance with the rules or bye-laws of the association : [Clause (e) was inserted by Gujarat 13 of 1994, Section3 (1) w.e.f. dated 04-04-1994.] Provided that no instrument shall for the purposes of this Act be deemed to be a clearance list unless it contains the following declaration signed by the person dealing in such transaction or on his behalf by a properly constituted attorney, namely :- "I/We hereby solemnly declare that the above list contains a complete and true statement of my/our transactions including crossed out transactions and transactions required to be submitted to the clearing house in accordance with the rules/bye-laws of the Association. I/We further declare that no transaction for which an exemption is claimed under Article 5 or Article 39 in Schedule I to the Bombay Stamp Act 1958, (Bombay LX of 1958) as the case may be is omitted." Explanation. - For the purposes of this clause, transaction shall include both sale and purchase.] (f) "Collector" means [\* \* \* \*] [The words 'in greater Bombay, the Collector of Bombay and elsewhere' were omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.] the Chief Officer in charge of the revenue administration of a district, and includes any officer whom the State Government may, by notification in the Official Gazette, appoint in this behalf; (g) [ "Conveyance" includes,- [Clause (g) was substituted for the original by Gujarat 13 of 1994, section 2 (2).] (i) a conveyance on sale, (ii) every instrument, (iii) every decree or final order of any civil Court; [\*\*\*] (iv) [ every order made by National Company Law Tribunal under section 232 of the Companies Act, 2013 (18 of 2013) in respect of a scheme for reconstruction of the company or companies involving merger or the amalgamation of any two or more companies and every order made by the Reserve Bank of India under section 44A of the Banking Regulation Act 1949 (10 of 1949) in respect of amalgamation or dissolution of Banking companies, or;] [Substituted by Gujarat Act No. 9 of 2018, dated 2.4.2018.] (v) [ any writing or letter of allotment in respect of the premises, given to its members or allottee by a co-operative society registered or deemed to have been registered under the Gujarat Co-operative Societies Act, 1961 (Gujarat X of 1962),or a corporation or an association formed and registered under the Bombay Non-Trading Corporation Act, 1959 (Bombay XXVI of 1959) or the Gujarat Ownership Flat Act, 1973 (Gujarat 13 of 19 73) as the case may be.] [Insert sub-clause (v) by Gujarat 19 of 2001, section 2(3), w.e.f. dated 01-09-2001.] by which property, whether movable or immovable, or any estate or interest in any property is transferred to, or vested in, any other person, inter vivos, and which is not otherwise specifically provided for by Schedule I; Explanation. - For the purposes of this clause, an instrument whereby a co-owner of any property transfers his interest to another co-owner of the property and which is not an instrument of partition shall be deemed to be an instrument by which property is transferred inter vivos',] (h) "duly stamped" as applied to an instrument means that the instrument bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with the law for the time being in force in the State; (i) "executed" and "execution" used with reference to instruments means "signed" and "signature"; Explanation. - The terms "signed" and "signature" also include attribution of electronic record as provided in section 11 of the Information Technology Act, 2000." (21 of 2000) (j) "Government securities" means a Government security as defined in the Public Debt Act, 1944 (XVIII of 1944); (ja) [ "immovable property" includes land benefits to arise out of land and things attached to the earth or permanently fastened to anything attached to the earth;] [Clause (ja) was inserted by Gujarat 13 of 1994, section 2(3) w.e.f. Dated 04-04-1994.] Explanation. - Where any plant and machinery of a factory transferred or sold with the intention of running the said factory, such transaction shall be deemed to be a transaction of the immovable property." (k) "impressed stamp" includes,- (i) labels affixed and impressed by the proper officer; (ii) stamps embossed or engraved on stamped paper; (iii) [ impression by franking machine;] [Sub-clause (iii) was inserted by Gujarat 7 of 1999, section 2 w.e.f. Dated 01-04-1999.] (iv) Receipted challan or the certificate issued under e-stamping system or any other system as may be prescribed by rules.", (l) "instrument" includes every document by which any right or liability is or purports to be created transferred limited extended extinguished or recorded but does not include a bill of exchange cheque promissory note bill of lading letter of credit policy of insurance transfer of share debenture proxy and receipt; Explanation. - The term "document" also includes any electronic record as defined in clause (t) of sub-section 91) of section 2 of the Information Technology Act, 2000." (21 of 2000) (la) [ "instrument of gift" includes where the gift is of any movable [or immovable] [Clause (la) was inserted by Gujarat 18 of 1963, section 2 w.e.f. dated 22-04-1963.] property but has not been made in writing any instrument recording whether by way of declaration or otherwise the making or acceptance of [such oral gift] [These words were substituted for the words 'such gift', by Gujarat 13 of 1994, section 2.(4) (ii).] ;] (m) "instrument of partition" means any instrument whereby co-owners of any property divide or agree to divide such property in severalty and includes- (i) a final order for effecting a partition passed by any revenue authority or any civil court, (ii) an award by an arbitrator directing a partition, and (iii) when any partition is effected without executing any such instrument, any instrument or instruments signed by the co owners and recording, whether by way of declaration of such partition or otherwise, the terms of such partition amongst the coowners; (n) "lease" means a lease of [movable or immovable or both] [These words were substituted for the words 'immovable', by Gujarat 13 of 1994, section 2.(5) (i).] property, and includes also- (i) a patta; (ii) a kabulayat, or other undertaking in writing, not being a counterpart of a lease to cultivate, occupy or pay or deliver rent for immovable property; (iii) any instrument by which tools of any description are let; (iv) any writing on an application for a lease intended to signify that the application is granted; (v) [ a decree or final order of any Civil Court in respect of a lease: [Sub-clause (v) was inserted by Gujarat 13 of 1994, section 2 (5) (ii) w.e.f. dated 04-04-1994.] Provided that where subsequently an instrument of lease is executed in pursuance of such decree or order, the stamp duty, if any, already paid and recovered on such decree or order shall be adjusted towards the total duty leviable on such instrument;] (na) [ "market value", in relation to any property which is the subject matter of an instrument means the price which such property would have fetched if sold in open market on the date of execution of such instrument;] [Clause (na) was inserted by Gujarat 21 of 1982, section 2 (2) w.e.f. dated 01-04-1982.] (o) "marketable security" means a security of such description as to be capable of being sold in any stock market in India or in the United Kingdom; (p) "mortgage deed" includes every instrument whereby, for the purpose of securing money advanced, or to be advanced, by way of loan, or an existing or future debt, or the performance of an engagement, one person transfers or creates to, or in favour of, another, a right over or in respect of specified property; (pa) [ "movable property" includes standing timber, growing crops and grass, fruits upon and juice in trees and property of every other description, except immovable property, by which any right or liability is or is purported to be created, transferred, limited, extended, extinguished or recorded;] [Clause (pa) was inserted by Gujarat 13 of 1994, section 2 (6) w.e.f. dated 04-04-1994.] (q) "paper" includes vellum, parchment or any other material on which an instrument may be written; (r) "power of attorney" includes any instrument (not chargeable with a fee under the law relating to Court-fees for the time being in force) empowering a specified person to act for and in the name of the person executing it; (s) "Schedule" means a Schedule appended to this Act; (t) "Settlement" means any non-testamentary disposition in writing, of movable of immovable property made,- (i) in consideration of marriage, (ii) for the purpose of distributing property of the settlor among his family of those for whom he desires to provide, or for the purpose of providing for some person dependent on him, or (iii) for any religious or charitable purpose, and includes an agreement in writing to make such a disposition and where any such disposition has not been made in writing, any instrument recording whether by way of declaration of trust or otherwise, the terms of any such disposition; (u) "Solider" includes any person below the rank of a non-commissioned officer who is enrolled under the Army Act, 1950 (XLVI of 1950). Chapter II Stamp Duties (A) -of the Liability of Instruments to Duty ------------------------------------------------------------------------ ### 3. Instruments chargeable with duty. - Subject to the provisions of this Act and the exemptions contained in Schedule I, the following instruments shall be chargeable with duty of the amount indicated in Schedule I as the proper duty therefore respectively, that is to say- (a) every instruments mentioned in Schedule I, which, not having been previously executed by any person, is executed in the State on or after the date of commencement of this Act; (aa) [ every instrument mentioned in Schedule I, which not having been previously executed by or on behalf of or in favour of the Government or any local authority, is executed by or on behalf or in favour of the Government or any local authority] [Clause (aa) was inserted by Gujarat 5 of 2002 Section 2 w.e.f. 1-4-2002] (b) every instrument mentioned in Schedule I, which, not having been previously executed by any person, is executed out of the State on or after the said date, relates to any property situate, or to any matter or thing done or to be done in this State and is received in this State: Provided that no duty shall be chargeable in respect of- (1) any instrument executed by or on behalf of, or in favour of, the Government in cases where, but for this exemption, the Government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise of any ship or vessel, or any part, interest, share or property of or in ship or vessel registered under the Bombay Coasting Vessels Act, 1838 (XIX of 1938), or the Indian Registration of Ships Act, 1841 (X of 1941). ### 3A. [ Instruments chargeable with additional duty. [This Section Substituted by Gujarat 15 of 2003 Section 2 w.e.f. 1-4-2003. (Section 3A was inserted by Gujarat 10 of 1988 Section 3 w.e.f. 10-8-1988)] - (1) Every instrument chargeable with duty and described in the following articles of Schedule I when executed in respect of the property situated in the state shall, in addition to such duty, be chargeable with a duty at the rate of forty per cent, [including rate of stamp duty to be increased as provided for in sections 201 and 209 of the Gujarat Panchayat Act, 1993 (Gujarat 18 of 1993)]of such duty, namely (1) No. 17 (Certificate of sale), (2) No. 20(a), 20(b) and 20(c) (conveyance), (3) No. 26 (Exchange of Property), (4) No. 27 (Further Charge), (5) No. 28 (Gift), (6) No. 30 (Lease), (7) No. 36 (Mortgage-deed), (8) No. 45(f) (Power of Attorney when given for consideration and authorising the attorney to sell any immovable property), (9) No. 52 (Settlement), (10) No. 57 (Transfer of lease) (2) Except as otherwise provided in sub-section (1), the provisions of this Act and the rules made thereunder shall, so far as may be, apply in relation to the additional duty chargeable under sub-section (1) as they apply in relation to the duty chargeable under section 3,] ### 3B. [ Certain instruments relating to vacant land chargeable with additional duty. [Section 3B was inserted by Gujarat 13 of 1990 Section 2 w.e.f. 7-8-1990 and deleted by Gujarat 15 of 2003 Section 3 w.e.f. 1-4-2003.] - This section is deleted w.e.f. 1-4-2003. (1) Every instrument of- (a) conveyance of vacant land. (b) exchange of vacant land. (c) gift of vacant land. (d) lease of vacant land, (e) power of attorney when given for consideration and authorising the attorney to sell vacant land; and (f) transfer of lease of vacant land by way of assignment and not by way of underlease, chargeable with duty under section 3 and mentioned in Articles 20, 26, 28, 30, clause (f) of Article 45 and Article 57 respectively in Schedule I shall,- (i) when such vacant land is situate in an urban area, be chargeable in addition to the duties chargeable under section 3 and 3A, with a duty at the rate of fifty percent, of the duty chargeable under section 3; and (ii) when such vacant land is situate in an area other than urban area and is non-agriculture land, be chargeable in addition to the duties chargeable under section 3 with duty at the rate of twenty-five percent, of the duty chargeable under section 3:] Provided that nothing in this section shall apply to a vacant land of an area not exceeding one hundred square meters which is intended to be used for a residential purpose. (2) Except as otherwise provided in sub-section (1), the provisions of this Act and the rules made thereunder shall, so far as may be, apply in relation to the additional duty chargeable under sub-section (1) as they apply in relation to the duty chargeable under section 3. Explanation. - For the purpose of this section- (1) "urban area" means any area which is for the time being comprised in- (a) (i) a development area; or (ii) an urban development area; within the meaning of the Gujarat Town Planning and Urban Development Act, 1976(President's Act No. 27 of 1976 ); or (b) a municipal borough or a notified area within the meaning of the Gujarat Municipalities Act, 1963(Gujarat Act 34 of 1964 ); or (c) a nagar within the meaning of the Gujarat Panchayats Act, 1961 (Gujarat VI of 1962)." (2) "vacant land" means land, in an urban area, agricultural or non-agricultural and in an area other than urban area, non-agricultural excluding land on which any building has been constructed in accordance with any law regulating such construction and the land appurtenant to such building to the minimum extent required under such law or under the provisions of the Gujarat Town Planning and Urban Development Act, 1976 (President's Act No.27 of 1976 ) but including the land on which a building is constructed upto the lintel level.] Section 3B deleted w.e.f. 1-4-2003. ### 4. Several instruments used in signal transaction of sale, mortgage or settlement. (1) Where, in the case of any sale, mortgage or settlement, several instruments are employed for completing the transaction, the principal instrument only shall be chargeable with the duty prescribed in Schedule I for the conveyance, mortgage or settlement, and each of other instruments shall be chargeable with a duty of [one hundred rupees] [These words were substituted for the words 'five rupees' by Gujarat 21 of 1984 Section 4. and Act. No. 14 of 2006 Section `Tor Ten Rupees' Substituted w.e.f. 1-4-06.] instead of the duty (if any) prescribed for it in that schedule. (2) The parties may determine for themselves which of the instruments so employed shall, for the purposes of sub-section (1), be deemed to the principal instrument: Provided that the duty chargeable on the instrument so determined shall be the highest duty which would be chargeable in respect of any of the said instruments employed. ### 5. Instruments relating to several distinct matters. - Any instrument comprising or relating to several distinct matters or distinct transactions shall be chargeable with the aggregate amount of the duties with which separate instruments, each comprising or relating to one of such matters or distinct transactions would be chargeable under this Act. ### 6. Instruments coming with in several description in Schedule I. - Subject to the provisions of section 5, an instrument so framed as to come within two or more of the descriptions in Schedule I shall, where the duties chargeable thereunder are different, be chargeable only with the highest of such duties: Provided that nothing in this Act contained shall render chargeable with duty exceeding [one hundred rupees] [These words were substituted for the words 'five rupees' by Gujarat 21 of 1984 Section 4. and Act. No. 14 of 2006 Section 'Tor Ten Rupees' Substituted w.e.f. 1-4-06.] a counterpart or duplicate of any instrument chargeable with duty and in respect of which the proper duty has been paid. ### 7. Payment of higher duty in respect of certain instruments. (1) Notwithstanding anything contained in section 4 or 6 or any other enactment, unless it is proved that the duty chargeable under this Act has been paid,- (a) on the principal or original instrument, as the case may be, or (b) in accordance with the provisions of this section, the duty chargeable on an instrument of sale, mortgage, or settlement, other than a principal instrument or on a counterpart, duplicate or copy of any instrument shall, if the principal or original instrument would, when received in this State have been chargeable under this Act with a higher rate of duty, be the duty with which the principal or original instrument would been chargeable under section 19. (2) Notwithstanding anything contained in any enactment for the time being in force, no instrument, counterpart, duplicate or copy chargeable with duty under this section shall be received in evidence unless the duty chargeable under this section has been paid thereon: Provided that any Court before which any such instrument, duplicate or copy is produced may permit the duty chargeable under this section to be paid thereon and may then receive it in evidence. (3) [ The provisions of this Act and the rules made thereunder in so far as they relate to the recovery of duties chargeable on instruments under section 3 shall, so far as may be, apply to the recovery of duties chargeable on a counterpart, duplicate or copy of an instrument under sub-section (1)] [Substituted Section (3) of Section 7 was inserted by Gujarat 5 of 1987 Section 2.] . ### 8. Bonds or securities other than debentures issued on loans under Act IX of 1914 or other law. (1) Notwithstanding anything in this Act, any local authority raising a loan under the provisions of the Local Authorities Loans Act, 1914 (IX of 1914), or of any other law for the time being in force [or any corporation established by law by Government or any Government company raising a loan,] [These words were inserted by Gujarat 21 of 1972 Section 5(1) ] by the issue of bonds or securities other than debentures shall, in respect of such loan, be chargeable with a duty of [two per centum] [These words were substituted for the words 'One and half per centum' by Gujarat 23 of 1977 Section 5.] on the total amount of such bonds or securities issued by it, and such bonds or securities need not be stamped, and shall not be chargeable with any further duty on renewal, consolidation, sub-division or otherwise. (2) The provisions of sub-section (1) exempting certain bonds or securities issued by any local authority from being stamped and from being chargeable with certain further duty shall apply to the bonds or securities other than debentures of all outstanding loans of the kind mentioned therein, and all such bonds or securities shall be valid, whether the same are stamped or not. (3) In the case of wilful neglect to pay the duty required by this section the local authority [the corporation or the Government Company] [These words inserted by Gujarat 21 of 1982 Section 5(2) (3)] shall be liable to forfeit to the State Government a sum equal to ten per centum upon the amount of duty payable, and a like penalty for every month after the first month during which such neglect continues. ### 9. Power to reduce, remit or compound duties. - The State Government may, by rule or order published in the official Gazette,- (a) reduce or remit, whether prospectively or retrospectively, in the whole or any part of the State the duties with which any instruments or any particular class of instruments or any of the instruments belonging to such class, or any instruments when executed by or in favour of any particular class of persons, or by or in favour of any members of such class are chargeable, and (b) provide for the composition or consolidation of duties in the case of issues by any incorporated company or other body corporate of bonds or marketable securities other than debentures, or any instrument chargeable with duty under Schedule I" (B) Of Stamps and the mode of using them ### 10. Duties how to be paid. (1) Except as otherwise expressly provided in this Act, all duties with which any instruments are chargeable shall be paid, and such payment shall be indicated on such instruments, by means of stamps,- (a) according to the provisions herein contained; or (b) when no such provision is applicable, thereto, as the State Government may, by rules, direct, refer Annexure-A. (2) The rules made under sub-section (1) may, among other matters, regulate,- (a) in the case of each kind of instruments, the description of stamps which may be used; (b) in the case of instruments stamped with impressed stamps, the number of stamps which may be used. (2A) The Chief Controlling Revenue Authority may authorise, subject to such conditions as it may deem fit, the use of franking machine for making impressions on instruments chargeable with duties, to indicate payment of duties on such instruments. [(2B) (i) Where the Chief Controlling Revenue Authority or Superintendent of Stamps authorised by him in this behalf is, having regard to the number of instruments executed by a person and the amount of duty charged thereon, satisfied that it is necessary in the public interest so to do, it or he may by an order in writing, authorise such person to use franking machine subject to such conditions as laid by general or special order in this behalf by the Chief Controlling Revenue Authority. (ii) Where there is breach of any of conditions of the authorisation, the authority granting authorisation under clause (i) may revoke the authorisation. (iii) The Chief Controlling Revenue Authority may, by order, determine the procedure for regulating the use of franking machine. "and for other systems specified in entry (iv) of clause (k) of section 2"] (3) (a) Notwithstanding anything contained in sub-section (1), where, [(i) the State Government, in relation to any area in the State, or (ii) the Collector, in relation to any area in the district under his charge, is satisfied that on account of temporary shortage of stamps in any area, duty cannot be paid, and payment of duty cannot be indicated on such instruments the registration of which is compulsory under the Registration Act, 1908(16 of 1908), by means of stamps, the State Government, or, as the case may be, the Collector, may, by notification in the Official Gazette, direct that, in such area and for such period as may be specified in such notification, the duty may be paid in cash in any Government treasury or sub-treasury and the officer-in-charge of such treasury or sub-treasury shall, on production of a challan evidencing payment of stamp duty in the Government treasury or sub-treasury, certify by endorsement on the instrument in respect of which the stamp duty is paid, that the duty has been paid, and state in the said endorsement the amount of the duty so paid. (b) An endorsement, made on any instrument under clause (a) shall have the same effect as if the duty of an amount equal to the amount stated in the endorsement had been paid in respect of, and such payment had been indicated on, such instrument by means of stamps, under sub-section (1).] ### 11. [Use of adhesive stamps.] Deleted by Gujarat 21 of 1982, section 7. ### 11A. [Use of adhesive stamps in respect of certain instruments.] Deleted by Gujarat 23 of 1977, section 6. ### 12. Cancellation of adhesive stamps. (1) (a) Whoever affixes any adhesive stamp to any instrument chargeable with duty which has been executed by any person shall, when affixing such stamp, cancel the same so that it cannot be used again; and (b) Whoever executes any instruments on any paper bearing an adhesive stamp shall, at the time of execution, unless such stamp has been already cancelled in the manner aforesaid, cancel the same so that it cannot be used again. (2) Any instrument bearing an adhesive stamp which has not been cancelled so that it cannot be used again, shall, so far as such stamp is concerned, be deemed to be unstamped. (3) The person required by sub-section (1) to cancel an adhesive stamp may cancel it by writing on or across the stamp his name or initials or the name or initials of his firm with the true date of his so writing, or in any other effectual manner. ### 13. Instrument stamped with impressed stamps how to be written. - Every instrument written upon paper stamped with an impressed stamp shall be written in such manner that the stamp may appear on the face of the instrument and cannot be used for or applied to any other instrument. ### 14. Only one instrument to be on same stamp. - No second instrument chargeable with duty shall be written upon a piece of stamped paper upon which an instrument chargeable with duty has already been written: Provided that nothing in this section shall prevent any endorsement which is duly stamped or is not chargeable with duty being made upon any instrument for the purpose of transferring any right created or evidenced thereby, or of acknowledging the receipt of any money or goods the payment or delivery of which is secured thereby: ### 15. Instrument written contrary to section 13 or 14 deemed unstamped. - Every instrument written in contravention of section 13 or section 14 shall be deemed to be unstamped. ### 16. Denoting duty. - Where the duty with which an instrument is chargeable, or its exemption from duty, depends in any manner upon the duty actually paid in respect of another instruments, the payment of such last mentioned duty shall, if application is made in writing to the Collector for that purpose, and on production of both the instruments, be denoted upon such first mentioned instruments, by endorsement under the hand of the Collector in such other manner (if any) as the State Government may, by rules, prescribe. (C) Of the time of Stamping Instruments ### 17. Instruments executed in State. - All instruments chargeable with duty and executed by any person in this State shall be stamped before or [at the time of execution or immediately thereafter on the next working day following the day of execution] [These words were substituted for the words 'at the times of execution' by Gujarat 13 of 1994 Section 4.] Provided that the clearance list described in Articles 18A, 18B, 18C, 18D or 18E of Schedule I may be stamped by an officer authorised by the State Government by rules made under this Act, if such clearance list is submitted for stamping by the clearing house of an Association in accordance with its rules and bye-laws with the requisite amount of stamp duty, within two months from the date of its execution. Provided further that the instrument, so far as it relates to an order of-, [(i) the National Company Law Tribunal under section 232 of the Companies Act, 2013 (18 of 2013) in respect of a scheme for reconstruction of the company or companies involving merger or the amalgamation of any two or more companies; (ii) the Reserve Bank of India under Section 44A of the Banking Regulation Act, 1949 (10 of 1949) in respect of amalgamation or dissolution of Banking companies. shall be stamped within thirty days from the date of such order of the National Company Law tribunal or, as the case may be, the order of the Reserve Bank of India.] [Substituted by Gujarat Act No. 9 of 2018, dated 2.4.2018.] ### 18. Instruments executed out of State. (1) Every instrument chargeable with duty executed only out of this State may be stamped within three months after it has been first received in this State. (2) Where any such instrument cannot, with reference to the description of stamp prescribed therefor, be duly stamped by a private person, it may be taken within the said period of three months to the Collector, who shall stamp the same, in such manner as the State Government may by rule prescribe, with a stamp of such value as the person so taking such instrument may require and pay for. ### 19. Payment of duty on certain instruments liable to increased duty in [Gujarat State] [Substituted by A.O. 1960.] . - Where any instrument of the nature described in any article in Schedule I and relating to any property situate or to any matter or thing done or to be done in this State is executed out of the State and subsequently received in the State,- (a) the amount of duty chargeable on such instrument shall be the amount of duty chargeable under Schedule I on a document of the like description executed in this State less the amount of duty, if any, already paid under any law in force in India excluding the State of Jammu and Kashmir on such instrument when it was executed; (b) and in addition to the stamps, if any, already affixed thereto such instrument shall be stamped with the stamps necessary for the payment of the duty chargeable on it under clause (a) of this section, in the same manner and at the same time and by the same persons as though such instrument were an instrument received in this State for the first time at the time when it became chargeable with the higher duty; and (c) the provisions contained in clause (b) of the proviso to sub-section (3) of section 32 shall apply to such instrument as if such were an instrument executed or first executed out of this State and first received in this State when it became chargeable to the higher duty aforesaid, but the provisions contained in clause (a) of the said proviso shall not apply thereto. (D) Of Valuations for Duty ### 20. Conversion of amount expressed in foreign currencies. (1) Where an instrument is chargeable with ad valorem duty in respect of any money expressed in any currency other then that of India, such duty shall be calculated on the value of such money in the currency of India according to the current rate of exchange on the day of the date of the instrument. (2) The rate of exchange for the conversion of British or any foreign currency in to the currency of India prescribed under sub-section (2) of section 20 of the Indian Stamp Act, 1899 (II of 1899), shall be deemed to be the current rate for the purpose of sub-section (1). ### 21. Stock and marketable securities how to be valued. - Where an instrument is chargeable with ad valorem duty in respect of any stock or of any marketable or other security, such duty shall be calculated on the value of such stock or security according to the average price or the value thereof on the day of the date of the instrument. ### 22. Effect of statement of rate of exchange or average price. - Where an instrument contains a statement of current rate of exchange, or average price, as the case may require, and is stamped in accordance with such statement, it shall, so far as regards the subject matter of such statement, be presumed, until the contrary is proved, to be duly stamped. ### 23. Instruments reserving interest. - Where interest is expressly made payable by the terms of an instrument, such instrument shall not be chargeable with duly higher then that with which it would have been chargeable had no mention of interest been made therein. ### 24. Certain instruments connected with mortgages of marketable securities to be chargeable as agreements. (1) Where an instrument- (a) is given upon the occasion of the deposit of any marketable security by way of security for money advanced or to be advanced by way of loan, or for an existing or future debt, or (b) makes redeemable or qualifies a duly stamped transfer intended as a security of any marketable security, it shall be chargeable with duty as if it were an agreement or memorandum of an agreement chargeable with duty under Article No. 5 (h) of Schedule I. (2) A release or discharge of any such instrument shall only be chargeable with the like duty. ### 25. [ Deduction of duty to be made when property mortgaged is transferred to mortgagee. [Section 25 was substituted by Gujarat 21 of 1982 Section 9 w.e.f. 1-4-82.] - Where any property subject to a mortgage is transferred to the mortgagee, he shall be entitled to deduct from the duty payable on the transfer, the amount of any duty already paid in respect of the mortgage.] [Sub-Section (3) was inserted by Gujarat 21 of 1982 Section 6.] ### 26. Valuation in case of annuity, etc. - Where an instrument is executed to secure the payment of an annuity or other sum payable periodically or where the consideration for a conveyance is an annuity or other sum payable periodically, the amount secured by such instruments or the consideration for such conveyance as the case may be, shall for the purposes of this Act, be deemed to be,- (a) where the sum is payable for a definite period so that the total amount to be paid can be previously ascertained, such total amount; (b) where the sum is payable in perpetuity or for an indefinite time not terminable with any life in being at the date of such instrument or conveyance, the total amount which, according to the terms of such instrument or conveyance, will or may be payable during the period of twenty years calculated from the date on which the first payment becomes due; and (c) where the sum is payable for an indefinite time terminable with any life in being at the date of such instrument or conveyance, the maximum amount which will or may be payable as aforesaid during the period of twenty years calculated from the date on which the first payment becomes due. ### 27. Stamp where value of subject matter is indeterminate. - Where the amount or value of subject-matter of any instrument chargeable with ad valorem duty cannot be, or in the case of an instrument executed before the commencement of this Act could not have been ascertained at the date of its execution or, first execution, nothing shall be claimable under such instrument more than the highest amount or value for which, if stated in an instrument of the same description, the stamp actually used would, at the date of such execution, have been sufficient: Provided that, in the case of the lease of a mine in which royalty or a share of the produce is received as the rent or part of the rent, it shall be sufficient to have estimated such royalty or the value of such share, for the purpose of stamp duty,- (a) when the lease has been granted by or on behalf of the Government at such amount or value as the Collector may, having regard to all the circumstances of the case, have estimated as likely to be payable by way of royalty or share to the Government under the lease, or, (b) when the lease has been granted by any other person, at twenty thousand rupees a year; and the whole amount of such royalty or share, whatever it may be, shall be claimable under such lease: Provided also that, where proceedings have been taken in respect of instrument under section 31 or 40, the amount certified by the Collector shall be deemed to be the stamp actually used at the date of execution. ### 28. Facts affecting duty to be set forth in instrument. - [The consideration (if any), market value] [These words and brackets were substituted for the words and brackets 'The consideration, (if any)', by Gujarat 21 of 1982, section 10 w.e.f. dated 01-04-1982.] and all other facts and circumstances affecting the chargeability of any instrument with duty, or the amount of the duty with which it is chargeable, shall be fully and truly set forth therein. ### 29. Directions as to duty in case of certain conveyances. (1) [Where the whole of the property has been contracted to be sold] [These words were substituted for the words 'Where any property has been contracted to be sold for one consideration for the whole', by Gujarat 21 of 1982, section 11(1) (a).] , and is conveyed to the purchaser in separate parts by different instruments, [the market value of the whole of the property shall be] [These words were substituted for the words 'the consideration shall be', by Gujarat 21 of 1982, section 11(1) (b).] apportioned in such manner as the parties think fit, provided that a distinct [market value] [These words were substituted for the word 'consideration', by Gujarat 21 of 1982, section 11 (1) (c).] for each separate part is set forth in the conveyance relating thereto, and such conveyance shall be chargeable with ad valorem duty in respect of such distinct, [market value] [These words were substituted for the word 'consideration', by Gujarat 21 of 1982, section 11 (1) (c).] . (2) [Where whole of the property contracted to be purchased] [These words were substituted for the words 'where property contracted to be purchased for one consideration for the whole' by the Gujarat 21 of 1982, section 11 (2) (a) w.e.f. dated 01-04-1982.] by two or more persons jointly, or by any person for himself and others or wholly for others, is conveyed in parts by separate instruments to the persons, by or for whom the same was purchased, [\*\*\*] [The words 'for distinct part of the consideration' were deleted, by Gujarat 21 of 1982, section 11(2) (b).] , the conveyance of each separate part shall be chargeable with ad valorem duty [in respect of the market value of such part of the property] [These words were substituted for the words 'in respect of the distinct part of the consideration therein specified', by Gujarat 21 of 1982, section 11(2) (c).] . (3) where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the same to any other person and the property is in consequence conveyed immediately to the sub-purchaser, the conveyance shall be chargeable with ad valorem duty [in respect of the market value of the property at the time of sale] [These words were substituted for the words 'in respect of consideration for the sale,' by Gujarat 21 of 1982, section 11(3) .] by the original purchaser to the sub-purchaser. (4) Where a person, having contracted for the purchase of any property but not having obtained a conveyance thereof, contracts to sell the whole or any part thereof, to any other person or persons, and the property is in consequence conveyed by the original seller to different persons in parts, the conveyance of each part sold to a sub-purchaser shall be chargeable with ad valorem duty [in respect only of the market value of the part sold to the sub-purchaser, without regard to the amount of the market value of the whole property conveyed by the original seller; and the conveyance of the residue (if any) of such property to the original Seller; and the conveyance of the residue (if any) of such property to the original purchaser shall be chargeable with ad valorem duty in respect of the market value of such residue:] [This portion was substituted for the portion beginning with the words 'in respect only of the consideration paid by such sub-purchaser' and ending with the words 'Considerations paid by the sub-purchasers', by Gujarat 21 of 1982, section ll(4) (a).] Provided that notwithstanding anything contained in [article 20] [These word and figures were substituted for the word and figures 'Article 27' by Gujarat 21 of 1982, section 11 (4) (b)(i) w.e.f. dated 01-04-1982.] of Schedule I the duty on such last mentioned conveyance shall in no case be less than [one hundred rupees] [These words were substituted for the words 'eight rupee' by Gujarat Act 14 of 2006, Section 4 w.e.f. 1-4-2006.] . (5) [ Where a sub-purchaser takes an actual conveyance of the interest of the person immediately selling to him, which is chargeable with ad valorem duty according to the market value of the property so conveyed and is duly stamped accordingly, any conveyance to be made afterwards to him in respect of the same property by the original seller shall be chargeable with a duty equal to that which would be chargeable on a conveyance for the market value of the property so conveyed or where such duty exceeds [one hundred rupees] with a duty of [one hundred rupees.] [Sub-section (5) was substituted, by Gujarat 21 of 1982, section 11(5).] [Sub-Section (2A) and (2B) were inserted by Gujarat 7 of 1999 Section 3.] (E) Duty by whom Payable ### 30. Duties by whom payable. - In the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne,- (a) in the case of any instrument described in any of the following Articles of Schedule I, namely :- No. 2 (Administration Bond), No. 6 (Agreement relating to Deposit of Title-Deeds, Pawn or Pledge), No. [14] [These figures were respectively substituted for the figures '15, 16, 30, 35, 37, 45, 58, 59, 60, 61, 65 and 65' by Gujarat 21 of 1982, section 12 w.e.f. dated 01-04-1982.] (Bond) , No. [15] [These figures were respectively substituted for the figures '15, 16, 30, 35, 37, 45, 58, 59, 60, 61, 65 and 65' by Gujarat 21 of 1982, section 12 w.e.f. dated 01-04-1982.] (Bottomry Bond), No. [23] [These figures were respectively substituted for the figures '15, 16, 30, 35, 37, 45, 58, 59, 60, 61, 65 and 65' by Gujarat 21 of 1982, section 12 w.e.f. dated 01-04-1982.] (Custom Bond), No. [27] [These figures were respectively substituted for the figures '15, 16, 30, 35, 37, 45, 58, 59, 60, 61, 65 and 65' by Gujarat 21 of 1982, section 12 w.e.f. dated 01-04-1982.] (Further Charge), No. [29] [These figures were respectively substituted for the figures '15, 16, 30, 35, 37, 45, 58, 59, 60, 61 65 and 65' by Gujarat 21 of 1982, section 12 w.e.f. dated 01-04-1982.] (Indemnity Bond), No. [36] [These figures were respectively substituted for the figures '15, 16, 30, 35, 37, 45, 58, 59, 60, 61 65 and 65' by Gujarat 21 of 1982, section 12 w.e.f. dated 01-04-1982.] (Mortgage-Deed), No. [49] [These figures were respectively substituted for the figures '15, 16, 30, 35, 37, 45, 58, 59, 60, 61 65 and 65' by Gujarat 21 of 1982, section 12 w.e.f. dated 01-04-1982.] (Release) , No. [50] [These figures were respectively substituted for the figures '15, 16, 30, 35, 37, 45, 58, 59, 60, 61 65 and 65' by Gujarat 21 of 1982, s.12 w.e.f. dated 01-04-1982.] (Respondentia Bond), No. [51] [These figures were respectively substituted for the figures '15, 16, 30, 35, 37, 45, 58, 59, 60, 61 65 and 65' by Gujarat 21 of 1982, s.12 w.e.f. dated 01-04-1982.] (Security-Bond or Mortgage-Deed), No. [52] [These figures were respectively substituted for the figures '15, 16, 30, 35, 37, 45, 58, 59, 60, 61 65 and 65' by Gujarat 21 of 1982, s.12 w.e.f. dated 01-04-1982.] (Settlement) , No. [56] [These figures were respectively substituted for the figures '15, 16, 30, 35, 37, 45, 58, 59, 60, 61 65 and 65' by Gujarat 21 of 1982, s.12 w.e.f. dated 01-04-1982.] (a) : (Transfer of debentures, being marketable securities whether the debenture is liable to duty or not, except debentures provided for by section 8 of the Indian Stamp Act, 1899 (II of 1899), No. [56] [These figures were respectively substituted for the figures '15, 16, 30, 35, 37, 45, 58, 59, 60, 61 65 and 65' by Gujarat 21 of 1982, s.12 w.e.f. dated 01-04-1982.] (b) : (Transfer of any interest secured by a bond or mortgage deed or policy of insurance), by the person drawing or making such instrument; (b) in the case of a conveyance (including a re-conveyance of mortgaged property) by the guarantee; in the case of a lease or agreement to lease by the lessee or intended lessee; (c) in the case of a counterpart of lease by the lessor; (d) in the case of an instrument of exchange by the parties in equal shares; (e) in the case of a certificate of sale by the purchaser of the property to which such certificate relates; [\* \* \*] [The word 'and' was deleted by Gujarat 13 of 1994 Section 5(i) ] (f) in the case of an instrument of partition by the parties thereto in proportion to their respective shares in the whole property partitioned or, when the partition is made in execution of an order passed by a Revenue authority or Civil Court or arbitrator, in such proportion as such authority, Court or arbitrator directs, [and] [This word was inserted by Gujarat 13 of 1994 Section 5(ii) ] (g) [ in any other case, by the person executing the instrument.] [The clause (g) was inserted by Gujarat 13 of 1994 Section 5(iii)] Chapter III Adjudication as to Stamps ------------------------------------------ ### 31. Adjudication as to proper stamps. (1) When any instrument, whether executed or not and whether previously stamped or not, is brought to the Collector, and the person bringing it applies to have the opinion of that officer as to the duty (if any) with which it is chargeable, and pays a fee of such amount [not exceeding one hundred rupees and not less than twenty-five rupees] [These words were substituted for the words 'not exceeding twenty five rupees and not less than five rupees' by Gujarat 13 of 1994 Section 6.] as the Collector may, in each case direct, the Collector shall determine the duty (if any) with which in his judgement, the instrument is chargeable. (2) For this purpose the Collector may require to be furnished with an abstract of the instrument, and also with such affidavit or other evidence as he may deem necessary to prove all the facts and circumstances affecting the chargeability of the instrument with duty, or the amount of the duty with which it is chargeable, are fully and truly set forth therein, and may refuse to proceed upon any such application until such abstract and evidence have been furnished accordingly: Provided that- (a) no evidence furnished in pursuance of this section shall be used against any person in any civil proceeding, except in an inquiry as to the duty with which the instrument to which it relates is chargeable; and (b) every person by whom any such evidence is furnished shall, on payment of the full duty with which the instrument to which it relates is chargeable, be relived from any penalty which he may have incurred under this Act by reason of the omission to state truly in such instrument any of the facts or circumstances aforesaid. (3) [ Where an officer appointed as a Collector under clause (f) of section 2 has reason to believe that the market value of the property, which is the subject matter of the instrument, received by him for adjudication, has not been truly set forth therein, he shall, before assessing the stamp duty under this section, refer the instrument to the Collector of such district in which either the whole or any part of the property is situate, for determining, in accordance with the procedure laid down in section 32A, the true market value of such property and the proper duty payable on the instrument.] [Sub-Section (3) was added by Gujarat 21 of 1982, Section 13.] ### 32. Certificate by Collector. (1) When an instrument brought to the Collector under section 31, is in his opinion, one of a description chargeable with duty, and- (a) the Collector determines that it is already fully stamped, or (b) the duty determined by the Collector under section 31, or such a sum as with the duty already paid in respect of the instrument, is equal to the duty so determined, has been paid, the Collector shall certify by endorsement on such instrument that the full duty (stating the amount) with which it is chargeable has been paid. (2) When such instrument is, in his opinion, not chargeable with duty, the Collector shall certify in manner aforesaid that such instrument is not so chargeable. (3) Any instrument upon which an endorsement has been made under this section, shall be deemed to be duly stamped or not chargeable with duty, as the case may be; and, if chargeable with duty, shall be receivable in evidence or otherwise, and may be acted upon and registered as if it has been originally duly stamped: Provided that nothing in this section shall authorise the Collector to endorse- (a) any instrument executed or first executed in the State and brought to him after the expiration of one month from the date of its execution or first execution, as the case may be; (b) any instrument executed or first executed out of the State and brought to him after the expiration of three months after it has been first received in this State; or (c) any instrument chargeable with the duty of twenty naye paise or less when brought to him, after the drawing or execution thereof, on paper not duly stamped. ### 32A. [ Determination of market value of property which is the subject matter of conveyance, etc. refer. [Section 32A and 32B were inserted by Gujarat 21 of 1982 Section 14.] - Market values Rules Part-II Page. 41 (1) [ Every instrument of conveyance, exchange, gift, certificate of sale, partition, partnership, settlement, power of attorney to sell immovable property when given for consideration or transfer of lease by way of assignment, presented for registration under provisions of the Registration Act, 1908 (XVI of 1908) shall be accompanied by a true copy thereof; [and the Statement in such form as may be prescribed by rules] and if an officer registering such instrument under the aforesaid Act or any person referred to in section 33 before whom such instrument is produced or comes in the performance of his functions, has reason to believe that the consideration set forth therein does not approximate to the market value of the property which is the subject matter of such instrument or as the case may be the market value of the property which is the subject matter of such instrument, has not been truly set forth therein, he [shall before] [These words were substituted for the words 'may either before or after' by Gujarat 8 of 2000, Section 2] registering the instrument or, as the case may be, performing his functions in respect of such instrument, refer the instrument or true copy thereof to the Collector of such district in which either the whole or any part of the property is situated for determining the true market value of such property and the proper duty payable on the instrument under this section.] [Provided that for the purpose of this Sub-section, the consideration set forth in an instrument executed by the State Government, the Central Government, a local authority, Gujarat Housing Board, Gujarat Slum Clearance Board or Gujarat Industrial Development Corporation, shall be deemed to be the true market value of the property which is the subject matter of such instrument.] [Proviso in Sub-Section (1) inserted by Gujarat 18 of 2004 Section 2. w.e.f. 11-6-2004.] (2) On receipt of the instrument under sub-section (3) of [section 31 or instrument or true copy of instrument under] [These words were substituted for the words 'section 31 or'` Gujarat 8 of 2002 Section 7(2) ] sub-section (1) of this section, the Collector of the district shall, after giving the parties concerned a reasonable opportunity of being heard, and in accordance with the rules made by the State Government in this behalf, determine the true market value of the property which is the subject matter of the instrument and the proper duty payable thereon. (3) Upon such determination, the Collector of the district shall require the party liable to pay the duty, to make payment of such amount as is required to make up the difference between the amount duty determined under this sub-section and the amount of duty already paid by him and shall also require such party to pay a penalty [of two hundred and fifty rupees] [The words were substituted by Gujarat 4 of 1991. Section 2.] [or the amount of the proper duty or of the deficient portion there of whichever is less] [These words were inserted by Gujarat 13 of 1994. Section 7(3) ] and on such payment, return the instrument to the officer referred in sub-section (5) of section 31 or, as the case may be, sub-section (1) of this section: Provided that, no such party shall be required to pay any amount to make up the difference or to pay any penalty under this sub-section if the difference between the amount of the consideration or, as the case may be, the market value as set forth in the instrument and the market value as determined by the Collector of the district does not exceed ten per cent, of the market value determined by the Collector of the district, this proviso deleted w.e.f. 11-6-2004. (4) The Collector of the district may, suo motu or on receipt of information from any source, within [six years] [These words were substituted for the words `Two years' by Gujarat 13 of 1994. Section 7(4) ] from the date of registration of any instrument referred to in sub-section (1) , not being the instrument upon which an endorsement has been made under section 32 or the instrument in respect of which the proper duty has been determined by him under sub-section (3) or an instrument executed before the date of the commencement of the Bombay Stamp (Gujarat Amendment Act, 1982) call for and examine the instrument for the purpose of satisfying himself as to the correctness of the consideration or of the market value of the property which is the subject matter of such instrument and the duty payable thereon; and if on such examination, he has reason to believe that the consideration does not approximate to the market value of such property or, as the case may be, market value of such property has not been truly and fully set forth in the instrument, he shall proceed as provided in sub-sections (2) and (3). ### 32B. Statement of the case by the Collector. (1) Any person aggrieved by an order of the Collector determining the market value under section 31 or, as the case may be, under section 32A, may, after depositing with the Collector [twenty five per cent.] [as per Notification No. GHM/2002/32/M/STP/ 10/2002/690/H dated 18-4-2002 in Gujarat Stamp Rules, 1978 in Rules 30-A, for the words '24% the words' 15% shall be substituted] of the amount of duty or, as the case may be, the amount of the difference of duty payable by him by application presented [within a period of ninety days] [Substituted for 'Sixty days' by Gujarat 18 of 2004 Section 3 w.e.f. 11-6-2004.] from the date of such order and accompanied by a fee of one hundred rupees, require the Collector to draw up a statement of the case and refer it to the Chief Controlling Revenue Authority and the Collector shall, within sixty days of the receipt of such application, draw up a statement of the case and refer it to the Authority : Provided that where in any particular case the Authority is of the opinion that the deposit of the amount by the applicant will cause undue hardship to him, the Authority may, in its discretion, either unconditionally or subject to such conditions as it may think fit to impose, dispense with a part of the amount deposited so however that the part of the amount deposited so however that the party of the amount so dispensed with shall not exceed fifty per cent, of the amount deposited or required to be deposited. (2) Such Authority shall consider the case and send a copy of its decision to the Collector who shall proceed to assess and charge the duty (if any) in conformity with such decision. (3) The decision given by the Authority under sub-section (2) shall be final.] deleted by Bombay Stamp (Gujarat IInd Amendment) Act. 2006.] Chapter IV Instruments not Duly Stamped -------------------------------------------- ### 33. Examination and impounding of instruments. (1) [Subject to the provision of section 32A, every person] [These words, figures and letter were substituted for the words 'Every person' by Gujarat 21 of 1982 Section 15.] having by law or consent of parties authority to receive evidence, and every person in charge of a public office except an officer of police, before whom any instrument, chargeable, in his opinion, with duty, is produced or comes in the performance of his functions shall if it appears to him that such instrument is not duly stamped, impound the same. (2) For that purpose every such person shall examine every instrument so chargeable and so produced or coming before him in order to ascertain whether it is stamped with a stamp of the value and description required by the law for the time being in force in the State when such instrument was executed or first executed: Provided that- (a) nothing herein contained shall be deemed to require any Magistrate or Judge of a Criminal Court to examine or impound, if he does not think fit so to do any instrument coming before him in the course of any proceeding other than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898 (V of 1898); (b) in the case of a Judge of High Court, the duty of examining and impounding any instrument under this section may be delegated to such officer as the Court may appoint in this behalf. ### 34. Instruments not duly stamped in admissible in evidence etc. - No instrument chargeable with duty [(not being an instrument referred to in sub-section (1) of section 32A),] [These brackets, words figures and letter inserted by Gujarat 21 of 1982 Section 16.] shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer unless such instrument is duly stamped : Provided that- (a) any such instrument not being an instrument chargeable with a duty of twenty naye paise and less shall, subject to all just exceptions, be admitted in evidence on payment of the duty with which the same is chargeable, or in the case of an instrument insufficiently stamped, of the amount required to make up such duty, together with a penalty of five rupees, or, when ten times the amount of the proper duty or deficient portion thereof exceeds five rupees, of a sum equal to ten times such duty or portion; (b) where a contract or agreement of any kind is effected by correspondence consisting of two or more letters and any one of the letters bears the proper stamp, the contract or agreement shall be deemed to be duly stamped; (c) nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a Criminal Court, other then a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898 (V of 1898); (d) nothing herein contained shall prevent the admission of any instrument in any Court when such instrument has been executed by or on behalf of the Government or where it bears the certificate of the Collector as provided by section 32 or any other provision of this Act. ### 35. Admission of instrument where not be questioned. - Where an instrument has been admitted in evidence, such admission shall not, except as provided in section 58, be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped. ### 36. Admission of improperly stamped instruments. - The State Government may make rules providing that, where an instrument bears a stamp of sufficient amount but of improper description, it may, on payment of the duty with which the same is chargeable, be certified to be duly stamped, and any instrument so certified shall then be deemed to have been duly stamped as from the date of its execution. ### 37. Instruments impounded how dealt with. (1) When the person impounding as instrument under section 33 has by law or consent of parties authority to receive evidence and admits such instrument in evidence upon payment of a penalty as provided by section 34 or of duty as provided by section 36, he shall send to the Collector an authenticated copy of such instrument, together with a certificate in writing, stating the amount of duty and penalty levied in respect thereof, and shall send such amount to the Collector, or to such person as he may appoint in this behalf. (2) In every other case, the person so impounding an instrument shall send it in original to the Collector. ### 38. Collectors power to refund penalty paid under section 37, sub-section (1) . (1) When a copy of an instrument is sent to the Collector under sub-section (1) of section 37 he may, if he thinks fit, refund any portion of the penalty in excess of five rupees which has been paid in respect of such instrument. (2) When such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may refund the whole penalty so paid. ### 39. Collector's power to stamp instruments impounded. (1) When the Collector impounds any instrument under section 33, or receives any instrument send to him under sub-section (2) section 37, not being an instrument chargeable with a duty of twenty naye paise, or less, he shall adopt the following procedure :- (a) if he is of opinion that such instrument is duly stamped or is not chargeable with duty, he shall certify by endorsement thereon that it is duly stamped, or that it is not so chargeable, as the case may be; (b) if he is of opinion that such instrument is chargeable with duty and is not duly stamped he shall require the payment of the proper duty or the amount required to make up the same, together with a penalty of five rupees; or, if he thinks fit, an amount not exceeding ten times the amount of the proper duty or of the deficient portion therefore, whether such amount exceeds or falls short of five rupees. Provided that, when such instrument has been impounded only because it has been written in contravention of section 13 or section 14, the Collector may, if he thinks fit, remit the whole penalty prescribed by this section. (2) Every certificate under clause (a) of sub-section (1) shall, for the purposes of this Act, be conclusive evidence of the matters stated therein. (3) Where an instrument has been send to the Collector under sub-section (2) of section 37 the Collector shall, when he has dealt with it is a provided by this section, return it to the impounding officer. ### 40. Instruments unduly stamped by accident.. - If any instrument chargeable with duty and not duly stamped, not being an instrument chargeable with a duty of twenty naye paise or less is produced by any person of his own motion before the Collector within one year from the date of its execution or first execution, and such person brings to the notice of the Collector the fact that such instrument is not duly stamped and offers to pay to the Collector the amount of the proper duty, or the amount required to make up the same, and the Collector is satisfied that the omission to duly stamp such instrument has been occasioned by accident, mistake or urgent necessity he may, instead of proceeding under sections 33 and 39, receive such amount and proceed as next hereinafter prescribed. ### 41. Endorsement of instruments on which duty has been paid under section 34, 39 or 40. (1) When the duty and penalty (if any) leviable in respect of any instrument [(not being an instrument referred to in sub-section (1) of section 32A),] [These brackets, words, figures and letter were inserted by Gujarat 21 of 1982 Section 17.] have been paid under section 34, section 39 or section 40, the person admitting such instrument in evidence or the Collector, as the case may be, shall certify by endorsement thereon that the proper duty or, as the case may be, the proper duty and penalty (stating the amount of each) have been levied in respect thereof, and the name and residence of the person paying them. (2) Every instrument so endorsed shall thereupon be admissible in evidence, and may be registered and acted upon and authenticated as if it had been duly stamped, and shall be delivered on his application in this behalf to the person from whose possession it came in to the hands of the officer impounding it or as such person may direct: Provided that- (a) no instrument which has been admitted in evidence upon payment of duty and penalty under section 34, shall be so delivered before the expiration of one month from the date of such impounding, or if the Collector has certified that its further detention is necessary and has not cancelled such certificate; (b) nothing in this section shall affect the provisions of rule 9 of Order XIII in Schedule I of the Code of the Civil Procedure, 1908 (V of 1908). ### 42. Prosecution for offence against stamp law. - The taking of proceedings or the payment of a penalty under this Chapter in respect of any instrument shall not bar the prosecution of any person who appears to have committed an offence against the stamp law in respect of such instrument: Provided that no such prosecution shall be instituted in the case of any instrument in respect of which such a penalty has been paid, unless it appears to the Collector that the offence was committed with an intention of evading payment of the proper duty. ### 43. Persons paying duty or penalty may recover same in certain cases. (1) When any duty or penalty has been paid under section 34, section 36, section 39 or section 40, by any person in respect of an instrument, and, by agreement or under the provisions of section 30 or any other enactment in force at the time such instrument was executed, some other person was bound to bear the expense of providing the proper stamp for such instrument, the first-mentioned person shall be entitled to recover from such other person the amount of the duty of penalty so paid. (2) For the purpose of such recovery any certificate granted in respect of such instrument under this Act shall be conclusive evidence of the matters therein certified. (3) Such amount may, if the Court thinks fit, be included in any order as to costs in any suit or proceeding to which such persons are parties and in which such instrument has been tendered in evidence. If the Court does not include the amount in such order, no further proceedings for the recovery of the amount shall be maintainable. ### 44. Power to Revenue authority to refund penalty or excess duty in certain cases. (1) Where any penalty is paid under section 34 or section 39, the Chief Controlling Revenue Authority may, upon application in writing made within one year from the date of the payment, refund such penalty wholly or in part. (2) Where, in the opinion of the Chief Controlling Revenue Authority stamp duty in excess of that which is legally chargeable has been charged and paid [under section 32, section 34] [These words and figures were substituted for the words and figures 'Under Section 34' by Gujarat 19 of 1965, Section 2.] or section 39, such authority may, upon application in writing made by the party concerned within three months from the date of receipt of the order charging the same, refund the excess. ### 45. Non-liability for loss of instruments send under section 37. (1) If any instrument sent to the Collector under sub-section (2) of section 37, is lost, destroyed or damaged during transmission, the person sending the same shall not be liable for such loss, destruction or damage. (2) When any instrument is about to be so sent, the person from whose possession it came into the hands of the person impounding the same, may require a copy thereof to be made at the expense of such first-mentioned person and authenticated by the person impounding such instrument. ### 46. [ Recovery of duties, penalties and interest. [Section 46 was substituted by Gujarat 13 of 1994 Section 8] (1) Where any person required to pay any amount of duty, penalty or other sums under this Act does not pay within the time prescribed for its payment he shall be liable to pay simple interest at the rate of [fifteen per cent], per annum on such amount or on any less amount thereof for the period for which such amount remains unpaid. (2) All duties, penalties, interest and other sums required to be paid under this Act may be recovered by the Collector by distress and sale of the movable or immovable property of the person from whom the same are due, or as an arrears of land revenue.] ### 46A. [ Furnishing of statement, return and information. [Inserted by Bombay Stamp (Gujarat Ilnd Amendment) Act 2007, Section 7. on notify date.] (1) The Collector may, for the purpose of this Act, require any trading member of any stock exchange or an association as defined in clause (a) of section 2 of the Forward Contract (Regulation) Act, 1952 (74 of 1952) or any organization, institute, company or association or any person liable to pay duty under any Article of Schedule I, to submit a statement or return or to furnish any information in respect of any transaction within such period as may be prescribed by rules. (2) Where any trading member, organization, institute, company, association or any person fails to submit a statement or return or information as required under sub-section (1) within the prescribed time, the Collector may, without prejudice to any other action which is liable to be taken against such person under any other provisions of this Act, after giving an opportunity of being heard, impose on such person a penalty of a sum not exceeding rupees five thousand for such default."] Chapter V Allowance for Stamps in Certain Cases ---------------------------------------------------- ### 47. Allowance for spoiled stamps. - Subject to such rules as may be made by the State Government as to the evidence to be required, or the inquiry to be made, the Collector may, on application made within the period prescribed in section 48, and if he is satisfied as to the facts, make allowance for impressed stamps spoiled in the cases hereinafter mentioned, namely (a) the stamp on any paper inadvertently and undersignedly spoiled, obliterated or by error in writing or any other means rendered unfit for the purpose intended before any instrument written thereon is executed by any person; (b) the stamp on any document which is written out wholly or in part, but which is not signed or executed by any party thereto; (c) the stamp used for an instrument executed by any party thereto which (1) has been afterwards found to be absolutely void in law from the beginning; (2) has been afterwards found unfit, by reason of any error or mistake therein, for the purpose originally intended; (3) by reason of the death of any person by whom it is necessary that it should be executed, without having executed the same, or of the refusal of any such person to execute the same, cannot be completed so as to effect the intended transaction in the form proposed; (4) for want of the execution thereof by some material party, and his inability or refusal to sign the same, is in fact incomplete and insufficient for the purpose for which it was intended; (5) by reason of the refusal of any person to act under the same, or it to advance any money intended to be there by secured, or by the refusal or non-acceptance of any office thereby granted totally fails of the intended purpose; (6) becomes useless in consequence of the transaction intended to be thereby effected by some other instrument between the same parties and bearing a stamp of not less value; (7) is deficient in value and the transaction intended to be thereby effected had been effected by some other instrument between the same parties and bearing a stamp of not less value; (8) is inadvertently and undersigndly spoiled and in lieu whereof another instrument made between the same parties and for the same purpose is executed and duly stamped; Provided that, in the case of an executed instrument, no legal proceeding has been commenced in which the instrument could or would have been given or offered in evidence and that the instrument is given up to be cancelled. Explanation. - The certificate of the Collector under section 32 that the full duty with which an instrument is chargeable has been paid is an impressed stamp within the meaning of this section. ### 48. [ Period within which Application for relief under section 47 to be made. [Section 48 was substituted by Gujarat 19 of 2001 Section 4 w.e.f. 1-9-2001.] - The application for relief under Section 47 shall be made within the following period, that is to say,- (a) in the cases mentioned in sub-clause (5) of clause (c), within six months from the date of execution of the instruments; (b) in the case of an instrument substituted by another and not presented for cancellation, within six months from the date of execution of the substituting instrument; (c) in all other cases, within six months from the date of purchase of impressed stamps.] ### 49. Allowance in case of printed forms no longer required by corporations. - The Chief Controlling Revenue Authority or the Collector if empowered by the Chief Controlling Revenue Authority in this behalf may, without limit of time, make allowance for stamped papers used for printed forms of instruments by any banker or by any incorporated company or other body corporate, if for any sufficient reason such forms have ceased to be required by the said banker company or body corporate, provided that such authority is satisfied that the duty in respect of such stamped papers has been duly paid. ### 50. Allowance for misused stamps. (1) When any person has inadvertently used, for an instrument chargeable with duty, a stamp of a description other than that prescribed for such instrument by the rules made under this Act, or a stamp of greater value than was necessary or has inadvertently used any stamp for an instrument not chargeable with any duty; or (2) When any stamp used for an instrument has been inadvertently rendered useless under section 15, owing to such instrument having been written in contravention of provisions of section 13; the Collector may, on application made within six months after the date of the instrument, or, if it is not dated, within six months after the execution thereof by the person by whom it was first or a lone executed, and upon the instrument, if chargeable with duty, being re-stamped with the proper duty, cancel and allow as spoiled the stamp so misused or rendered useless. ### 51. Allowance for spoiled or misused stamp-how to be made. - In any case in which allowance is made for spoiled or misused stamps the Collector may give in lieu thereof- (a) other stamps of the same description and value; or, (b) if required and he thinks fit, stamps of any other description to the same amount in value; or, (c) at his discretion, the same value in money, deducting ten naye paise for each rupee or fraction of a rupee. ### 52. Allowance for stamps not required for use. - When any person is possessed of a stamp or stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which he has no immediate use, the Collector shall repay to such person the value of such stamp or stamps in money, deducting ten naye paise for each rupee or portion of a rupee, upon such person delivering up the same to be cancelled, and proving to the Collector's satisfaction- (a) that such stamp or stamps were purchased by such person with a bona fide intention to use them; and (b) that he has paid the full price thereof; and (c) that they were so purchased within the period of six months next preceding the date on which they were so delivered: Provided that, where the person is a licensed vendor of stamps, the Collector may if he thinks fit, make the repayment of the sum actually paid by the vendor without any such deduction as aforesaid. ### 52A. [ Allowances for stamps in denominations of annas. [Section 52A was inserted by Bombay 95 of 1958 Section 4.] - Notwithstanding anything contained in section 52, when any person is possessed of a stamp or stamps in any denominations, other than in denominations of annas four or multiples thereof and such stamp or stamps has or have not been spoiled, the Collector shall reply to such person the value of such stamp or stamps in money calculated in accordance with the provisions of sub-section (2) of section 14 of the Indian Coinage Act, 1906 (III of 1906), upon such person delivering up, within six months from the commencement of this Act such stamp or stamps to the Collector.] ### 52B. [ Refund of value of refugee relief stamps.. [Section 52B was inserted by Gujarat 5 of 1976 Section 4.] - Notwithstanding anything contained in section 52, when any person is possessed of stamps bearing the inscription "refugee relief" (being stamps issued in pursuance of section 3A as inserted by the Bombay Stamp (Gujarat Amendment) Act, 1971 (President's Act No. 12 of 1971) before it ceased to have effect and such stamps have not been spoiled, the Collector shall, upon such person delivering up within six months from the commencement of the Bombay Stamp (Gujarat Amendment) Act, 1976 (Gujarat 5 of 1976) such stamps to the Collector, refund to such person the value of such stamps in money.] ### 52C. [ Invalidation of stamps and saving. [Section 52C was inserted by Gujarat 19 of 2001 Section 5 w.e.f. 1-9-2001.] - Notwithstanding anything contained in Sections 47, 50, 51 and 52,- (a) any impressed stamps which have been purchased on or after the date of commencement of the Bombay Stamp (Gujarat Amendment) Act, 2001 (Gujarat 19 of 2001) (hereinafter referred to as "the said date") shall be used or presented for claiming allowance within a period of six months from the date of purchase. Any such stamps which have not been used or no allowance has been claimed in respect thereof within the period of six months from the date of purchase shall be rendered invalid; (b) any impressed stamps which have been purchased but have not been used or no allowance has been claimed in respect thereof before the said date, may be used or presented for claiming the allowance under the relevant provisions of the Act within a period of six months from the said date. The stamps which have not been used or presented within the aforesaid period of six months shall be rendered invalid."] Chapter Vi Reference and Revision -------------------------------------- ### 53. Control of and statement of case to Chief Controlling Revenue Authority. (1) The powers exercisable by a Collector under [Chapter III [\*\*\*] [These words and figures were substituted for the words and figures Chapter IV and chapter V by Gujarat 19 of 1965 Section 3.] , Chapter IV and Chapter V] and under clause (a) of the first proviso to section 27 shall in all cases be subject to the control of the Chief Controlling Revenue Authority: Provided that the Chief Controlling Revenue Authority shall not entertain an application made by a person under sub-section (1) ,unless,- [(a) such application is presented within a period of [ninety days] from the date of order of the Collector. (b) such person deposits twenty-five per cent, of the amount of duty or as the case may be amount of difference of duty payable by him in respect of subject matter of the instrument for which application has been made:] [Provided further that where in any particular case the Chief Controlling Revenue Authority is of the opinion that the deposit of the amount by the applicant may cause undue hardship to him, the authority may in its description, either unconditionally or subject to such conditions as it may think fit to impose, dispense with a part of the amount deposited so however that the part of the amount so dispensed with shall not exceed fifty per cent, of the amount deposited or required to be deposited.] (2) If any Collector, acting under section 31 [section 32A,] [These words, figures and letter were inserted by Gujarat 21 of 1982 Section 18] section 39 or section 40, feels doubt as to the amount of duty with which any instrument is chargeable, he may draw up a statement of the case, and refer it, with his own opinion thereon, for the decision of the Chief Controlling Revenue Authority. (3) Such authority shall consider the case and send a copy of its decision to the Collector, who shall proceed to assess and charge the duty (if any) in conformity with such decision. ### 53A. [ Revision of Collector's decision under sections 32, 32A, 39 and 41. [Section 53A was inserted, by Gujarat 13 of 1994 Section 10.] (1) Notwithstanding anything contained in sub-section (3) of section 32, sub-section (3) of section 32A, sub-section (2) of section 39 and sub-section (2) of section 41, when through mistake or otherwise any instruments is charged with less duty than leviable thereon, or is held not chargeable with duty, by the Collector, the Chief Controlling Revenue Authority may, within a period of six years from the date of certificate of the Collector under sections 32, 32A, 39 or 41, as the case may be, required the concerned party to produce before him the instrument and, after giving reasonable opportunity of being heard to the party, examine such instrument whether any duty is chargeable or any duty is levied less thereon and pass an order for recovery of the deficit duty, if any, from the concerned party. An endorsement shall be made on the instrument after payment of such deficit duty. (2) On failure to produce the original instrument by the party, the Chief Controlling Revenue Authority shall proceed under this section on the basis of the true copy or an abstract of the instrument filed with the Collector and such true copy or abstract shall be deemed to be the original instrument for the purposes of this section.] [Proviso under Section 53(i) were added by Gujarat 7 of 1999 Section 4 w.e.f. 1-4-99.] ### 54. Statement of case by Chief Controlling Revenue Authority to High Court. (1) The Chief Controlling Revenue Authority may state any case referred to it under subsection (2) of section 53, or otherwise coming to its notice and refer such case, with its own opinion thereon, to the High Court. (1A) [ Notwithstanding anything contained in sub-section (1) , any person aggrieved by the decision of the Chief Controlling Revenue Authority under section 53 regarding the amount of duty with which any instrument is chargeable may, if the amount of duty payable as a result of such decision in a case where the instrument is not charged with any duty or the amount required to make up such duty in a case where the instrument is charged with insufficient duty, exceeds rupees two thousand, by application presented within a period of sixty days from the date of such decision and accompanied by a fee of rupees one hundred, require the Chief Controlling Revenue Authority to draw up a statement of the case and refer it to the High Court and the Chief Controlling Revenue Authority shall, within ninety days of the receipt of such application, draw up a statement of the case and refer it to the High Court: Provided that the Chief Controlling Revenue Authority may, if it is satisfied that the applicant was prevented by sufficient cause from presenting the application within the period hereinbefore specified, allow it to be presented within a further period not exceeding thirty days.] [Sub-Section (1A) was inserted by Gujarat 19 of 1965, Section 4(i) ] (2) Every such case shall be decided by not less than three Judges of the High Court and in case of difference, the opinion of the majority shall prevail. (3) [ The costs of any reference to the High Court made under sub-section (1A) which shall not include the fee for making the reference shall be in the discretion of the High Court.] [Sub-section (3) was inserted by Gujarat 19 of 1965, Section 4(ii)] ### 55. Power of High Court to call for further particulars as to case stated. - If the Court is not satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, the High Court may refer the case back to the Revenue Authority by which it was stated, to make such additions thereto or alternations therein as the High Court may direct in that behalf. ### 56. Procedure in disposing of case stated. (1) The High Court upon the hearing of any such case shall decide the question raised thereby, and shall deliver its judgement thereon containing the grounds on which such decision is founded. (2) [ The High Court shall send a copy of its judgement under the seal of the Court and the signature of Registrar to the Chief Controlling Revenue Authority and the amount of duty chargeable on the instrument in respect of which the reference was made shall be in accordance with such judgement.] [Sub-Section (2) was Substituted for the original by Gujarat 19 of 1965 Section 5.] ### 57. Statement of case by other Courts to High Court. (1) If any Court, other than the High Court, feels doubt as to the amount of duty to be paid in respect of any instrument under clause (a) of proviso to section 34, the Judge may draw up a statement of the case and refer it, with his own opinion thereon, for the decision of the High Court. (2) The High Court shall deal with the case as if it had been referred under section 54 and send a copy of its judgement under the seal of the Court and the signature of the Registrar to the Chief Controlling Revenue Authority and another like copy to the Judge making the reference, who shall, on receiving such copy, dispose of the case conformably to such judgement. (3) Reference made under sub-section (1), when made by a Court subordinate to a District Court, shall be made through the District Court and, when made by any subordinate Revenue Court, shall be made through the Court immediately superior. ### 58. Revision of certain decisions of Courts regarding the sufficiency of stamps. (1) When any Court in the exercise of its civil or revenue jurisdiction or any Criminal Court in any proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898 (V of 1898), makes any order admitting any instrument, in evidence as duly stamped or as not requiring a stamp or upon payment of duty and a penalty under section requiring a stamp, or upon payment of duty and a penalty under section 34, the Court to which appeals lie from, or references are made by, such first mentioned Court may, of its own motion or on the application of the Collector, take such order into consideration. (2) If such Court, after such consideration is of opinion that such instrument should not have been admitted in evidence without the payment of duty and penalty under section 34, or without the payment of a higher duty and penalty than those paid, it may record a declaration to that effect, and determine the amount of duty with which such instrument is chargeable, and may require any person in whose possession or power such instrument then is, to produce the same, and may impound the same when produced. (3) When any declaration has been recorded under sub-section (2), the Court recording the same shall send a copy thereof to the Collector, and, where the instrument to which it relates has been impounded or is otherwise in the possession of such Court, shall also send him such instrument. (4) The Collector may thereupon, notwithstanding anything contained in the order admitting such instrument in evidence, or in any certificate granted under section 41, or in section 42, prosecute any person for any offence against the stamp law which the Collector considers him to have committed in respect of such instrument: Provided that- (a) no such prosecution shall be instituted where the amount including duty and penalty, which, according to the determination of such Court, was payable in respect of the instrument under section 34, is paid to the Collector, unless he thinks that the offence was committed with an intention of evading payment of the proper duty. (b) except for the purposes of such prosecution no declaration made under this section shall affect the validity of any order admitting an instrument in evidence, or of any certificate granted under section 41. Chapter VII Offences and Procedure --------------------------------------- ### 59. Penalty for executing, etc., instrument not duly stamped. (1) Any person executing or singing otherwise than as a witness any instrument chargeable with duty without the same being duly stamped shall, on conviction for every such offence be punished with fine which may extend to five hundred rupees: Provided that, when any penalty has been paid in respect of any instrument under section 34, section 39 or section 58, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty. (2) If a share-warrant is issued without being duly stamped, the company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the company, shall, on conviction be punished with fine which may extend to five hundred rupees. ### 60. Penalty for making false declaration on clearance list. - Any person who in a clearance list makes a declaration which is false or which he either knows or believes to be false, shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both. ### 61. Penalty for failure to cancel adhesive stamp. - Any person required by section 12 to cancel an adhesive stamp, fails to cancel such stamp in the manner prescribed by that section he shall, on conviction, be punished with fine which may extend to one hundred rupees. ### 62. Penalty for omission to comply with provisions of section 28. - Any person who, with intent to defraud the Government,- (a) executes instrument in which all the facts and circumstances required by section 28 to be set forth in such instrument are not fully and truly set forth; or (b) being employed or concerned in or about the preparation of any instrument neglects or omits fully and truly to set forth therein all such facts and circumstances; or (c) does any other act calculated to deprive the Government of any duty or penalty under this Act, shall, on conviction, be punished with fine which may extend to five thousand rupees. ### 62A. [ Penalty for breach of provisions of section 68, sub-section (2) . [Sections 62A & 62B were inserted by Gujarat 19 of 1965 Section 6.] - Any person who commits a breach of the provisions of sub-section (2) of section 68 shall on conviction, be punished,- (i) for a first offence with fine which may extend to five hundred rupees; (ii) for a second offence, with fine which may extend to one thousand rupees, but which shall not be less than two hundred rupees, and (iii) for a third and subsequent offences, with imprisonment for a term which may extend to two years and with fine which may extend to two thousand rupees. ### 62B. Non-disclosure of information by a public servant. (1) All particulars contained in any 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 contained in the Indian Entrance Act, 1872, (1 of 1872) no Court shall, save as aforesaid be entitled to require any servant of the Government to produce before it any such document or record or any part thereof, or to give evidence before it in respect thereof. (2) If, save as provided in sub-section (3) any servant of the Government discloses any of the particulars referred to in sub-section (1), he shall on conviction, be punished with imprisonment which may extend to six months or with fine or with both. (3) Nothing contained in this section shall apply to the disclosure- (a) of any such particulars in respect of any such documents, evidence, affidavit or deposition for the purpose of any prosecution under the Indian Penal Code(XLV of 1960) or the Prevention of Corruption Act, 1947 (II of 1947), or this act; or (b) of any such particulars to the State Government or to any person acting in the execution of this Act, for the purposes of carrying out the object of this Act; or (c) of any such particulars when such disclosure is occasioned by the lawful employment under this Act of any process for the service of any notice or the recovery of any demand; or (d) of any such particulars to a Civil Court in any suit, to which the Government is a party, which relates to any matter arising out of any proceeding under this Act; or (e) of any such particulars where such particulars are relevant to any inquiry into the conduct of an official of the Stamp Department to any person or persons appointed as Commissioners under the Public Servants (Inquiries) Act, 1850(XXXVII of 1850), or to any officer otherwise appointed to hold such inquiry or to a Public Service Commission established under the Constitution when exercising its functions in relation to any matter arising out of such inquiry; or (f) of such particulars to an officer of the Central Government or a State Government as may be necessary for the purpose of enabling that Government to levy or realise any tax or duty imposed by it.] ### 63. Penalty for breach of rule relating to sale of stamps and for unauthorised sale. (a) Any person appointed to sell stamps who disobey any rule made under section 69;and (b) any person not so appointed who sells or offers for sale any stamp [(other than a ten naye paise or five paise adhesive stamp)] [These brackets and words were inserted by Bombay 95 of 1958 Section 5.] , shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both. ### 64. Institution and conduct of Prosecutions. (1) No prosecution in respect of any offence punishable under this Act or any Act hereby repealed shall be instituted without the sanction of the Collector or such other officer as the State Government generally, or the Collector specially, authorises in that behalf. (2) The Chief Controlling Revenue Authority or any officer generally or specially authorised by it in this behalf, may stay any such prosecution or compound any such offence. (3) The amount of any such composition shall be recoverable in the manner provided by section 46. ### 65. Jurisdiction to try offences. - No Court inferior to that of [\*\*\*] [The words 'a Presidency Magistrate or' were omitted by the Gujarat Adaptation of laws (State Concurrent Subjects) order, 1960.] a Magistrate of the second class shall try any offence under this Act. ### 66. Place of trial. - Every such offence committed in respect of any instrument may be tried in any area in which such instrument is found as well as in any area in which such offence might be tried under the Code of Criminal Procedure, 1898 (V of 1898). Chapter VIII Supplemental Provisions ----------------------------------------- ### 67. Books, etc., to be open to inspection. - Every public officer having in his custody any registers, books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorised in writing by the Collector to inspect for such purpose the registers, books, papers, documents and proceedings and to take such notes and extracts as he may deem necessary without fee or charge. ### 68. [ Collector's power to authorise officer to enter premises and inspect certain documents. [Section 68 was substituted for the original by Gujarat 19 of 1965, Section 7] (1) The Collector may, where he has reason to believe that all or any of the instruments specified in Schedule I have not been charged at all or incorrectly charged with duty leviable under this Act, authorise in writing any officer to enter upon any premises where he has reason to believe that any registers, books, records, papers, documents, or proceedings relating to or in connection with any such instruments are kept and to inspect them, and to take such notes and extracts as such officer deems necessary, and if necessary, to seize them and to impound them under section 33. (2) Every person having in his custody or maintaining such registers, books, records, papers, documents or proceedings shall, when so required by the officer authorised under sub-section (1), produce them before such officer and at all reasonable times permit such officer to inspect them and take the notes and extracts as he may deem necessary.] ### 69. Power to make rules relating to sale of stamps. - The State Government may make rules for regulating,- (a) the supply and sale of stamps and stamped papers, (b) the persons by whom alone such sale is to be conducted, and (c) the duties and remuneration of such persons: [Provided that such rules shall not restrict the sale of ten naye paise or five naye paise adhesive stamps.] [This proviso was added by Bombay 95 of 1958. Section 6.] ### 70. Power to make rule generally to carry out purpose of Act. - The State Government may make rules to carry out generally the purposes of this Act, and may by such rules prescribed the fines, which shall in no case exceed five hundred rupees, to be incurred on breach thereof. ### 71. Publication of rules. (1) All rules made under this Act shall be published in the Official Gazette. (2) All rules published as required by this section shall, upon such publication, have effect as if enacted by this Act. ### 72. Delegation of certain powers. - The State Government may by notification in the Official Gazette delegate- (a) all or any of the powers conferred on it by section 2 (f), 33 (3) (b), 64, 69 and 75 to the Chief Controlling Revenue Authority; and (b) all or any of the powers conferred the Chief Controlling Revenue Authority by sections 44, 53 (1) and 64 (2) to such subordinate Revenue authority as may be specified in the notification. ### 73. Saving as cour. - fees. - Nothing in this Act contained shall be deemed to affect the duties chargeable under any enactment for the time being in force relating to court-fees. ### 73A. [ Use of former State stamps permissible for certain period to be notified. [Section 73A was inserted by Gujarat Adaptation of Laws (State and Concurrent Subject) order, 1960.] - During the period commencing on the 1st day of Mau, 1960 and ending on the 31st day of March, 1962 or such further period as the State Government may by notification in the Official Gazette, specify and notwithstanding anything contained in this Act or the rules made thereunder, any stamp whether adhesive or impressed issued by the Government of Bombay before the 1st day or May 1960 may also be used in the State for the purposes of this Act as if it were duly issued by the Government of Gujarat.] ### 74. Act not applicable to rates of stamp duty on bills of exchange, etc. - For the avoidance of doubt, it is hereby declared that nothing in this Act shall apply to rates of stamp duty in respect of bills of exchange, cheques, promissory notes, bills of lading, letters of credit, policies of insurance, transfer of shares, debentures, proxies and receipts. ### 75. Act to be translated and sold cheaply. - The State Government shall make provision for the sale of translation of this Act in the principal vernacular languages of the territories administered by it at a price not exceeding twenty-five naye paise per copy. ### 76. Repeal of enactments. (1) The enactments specified in column 3 of Schedule II hereto annexed shall be repealed in the manner and to the extent specified in column 4 thereof: Provided that the repeal hereby made shall not affect- (i) any right, title, obligation or liability already acquired, accrued or incurred or anything done or suffered, (ii) any legal proceeding or remedy in respect of any such right, title, obligation or liability, under the provisions of the enactments hereby repealed and any such proceeding may be instituted, continued and disposed of and any such remedy may be enforced as if this Act had not been passed. (2) Any appointment, notification, notice, order, rule or form made or issued under any of the enactments hereby repealed shall be deemed to have been made or issued under the provisions of this Act, in so far as such appointment, notification, notice, order, rule or form is not inconsistent with the provisions of this Act and shall continue in force, unless and until it is superseded by an appointment, notification, notice, order, rule or form made or issued under this Act. (3) All stamps in denominations of annas four or multiples thereof shall be deemed to be stamps of the value of twenty-five naye paise or, as the case may be, multiples thereof and valid accordingly. [Schedule-1] [Schedule I was substituted by Gujarat21 of 1982. section 19] [Stamp Duty on Instruments] (See Section 3) [As amended by Bombay Stamp (Gujarat Amendment) Act, 2006 W.E.F. 1-4-2006] | | | | --- | --- | | Description of Instrument | Proper Stamp Duty | | 1. [ Acknowledgement of a debt exceeding twenty rupees in amounts or value written or signed by, or on behalf of, a debtor in order to supply evidence of such debt in any book (other than a banker's pass book) or on a separate piece of paper when such book or paper is left in the creditor's possession : [Any person receiving - any money exceeding Rs. 5000 - any bill of exchange, cheque or promissory note exceeding Rs. 5000 or - any movable property, in satisfaction of debt; shall give a duly stamped receipt for the same on demand by the person paying or delivering the money -stamp duty on receipt is Rs. 1 for Rs. 5000 and above, as per Indian Stamp Act.] | Fifty paise] | | Provided that such acknowledgement does not contain anypromise to pay the debt or any stipulation to pay interest orto deliver any goods or other property. | | | 2. Administration. - Bond, including a bond given under theIndian Succession Act, 1925 (XXXIX of 1925) or section 6 of theGovernment Saving Banks Act, 1873, (V of 1873) | [One hundred Rupees] [These words were substituted for the original by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (2) w.e.f. 1-4-2006.] | | 3. Adoption. - Deed, that is to say any instrument (other thana will) recording an adoption or conferring of purporting to conferan authority to adopt. | [One hundred Rupees] [These words were substituted for the original by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (2) w.e.f. 1-4-2006.] | | 4. Affidavit, including an affirmation of declaration in the case ofpersons by law allowed to affirm or declare instead of swearing. | [Twenty Rupees] [These words were substituted for 'Ten rupees' by Gujarat Act. No. 8 of 2000, Section 3(2) w.e.f. 1-4-2000.] | | Exemptions | | | Affidavit to declaration in writing when made | | | (a) as a condition of enrolment under the Army Act, 1950(XLVI of 1950) or the Air Force Act, 1950; (XLV of 1950) | | | (b) for the immediate purpose of being field or used in anyCourt or before the officer of any court; or | | | (c) for the sole purpose of enabling any person to receiveany pension or charitable allowance. | | | 5. [ Agreement Or memorandum of An Agreement or Its Records - : [Article 5 substituted for the original by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (4) w.e.f. 1-4-2006.] | | | (a) if relating to the sale of a bill of exchange; | Nil | | (b) if relating to the purchase or sale of a Government security; | One rupee for every ten thousand rupees or part thereof of the value of the security at the time of its purchase or, as the case may be, sale. | | (c) if relating to the purchase or sale of shares, scripts, stocks,bonds, debentures, stocks or any other marketable securityof like nature in or of any incorporated company or otherbody corporate, - | | | (i) When agreement or memorandum of an agreements with orthrough a member or between members of a Stock Exchangerecognized under the Securities Contracts (Regulation) Act, 1956.(XL. II of 1956) | In the case of forward contracts relating to the purchase or sale of securities, one rupee for every ten thousand rupees or part thereof of the value of the security at the time of its purchase or, as the case may be, sale. | | (ii) in other cases; | One rupee for every ten thousand rupees or part thereof of the value of the security at the time of its purchase or, as the case may be, sale. | | (d) if relating to the purchase or sale of cotton includingcotton pods or Kapas (unginned cotton); | one rupee for every ten thousand rupees or part thereof of the value of cotton at time of its purchase or, as the case may be, sale. | | (e) if relating to the purchase or sale of bullion or specie; | One rupees for every ten thousand rupees or part thereof of the value of silver, gold or, as the case may be, sovereigns. | | (f) if relating to purchase or sale of oil seeds; | One rupee for every ten thousand rupees or part thereof of the value of the oil seeds at the time of its purchase or, as the case may be, sale. | | (g) if relating to the purchase or sale of any kind of yarn,non-mineral oils or spices; | One rupee for every ten thousand rupees or part thereof of the value of such yarn, groundnut oil, other non-mineral oil or, as the case may be, spices. | | (ga) if relating to giving authority or power to a promoteror a developer, by whatever name called, for constructionof or development of, or sale or transfer (in nay mannerwhatsoever) of, any immovable property; | [Three rupees and fifty paise] [Substituted 'One rupee' by Gujarat Act No. 17 of 2014, dated 28.7.2014.] for every hundred rupees or part thereof of the market value of the property which is the subject matter of such agreement : Provided that the provisions of section 32A shall, mutates mutanids, apply to such agreement, memorandum or records thereof as they apply to an instrument under that section : Provided further that if the proper stamp duty is paid under clause (g) of article 45 on a power of attorney executed between the same parties in respect of the same property, then the stamp duty under this article shall be one hundred rupees. | | (gb) if relating to advertisement on radio, television, cinema,cable network, or any media other than newspaper. | Subject to maximum of three lakh rupees, fifty paise for every hundred rupees or part thereof on the amount of consideration specified in such agreement. | | (h) if not otherwise provided for | One hundred rupees. | | Exemption | | | Agreement or Memorandum of Agreement or its records,- | | | (a) for or relating to the purchase or sale of goods or merchandiseexclusively, not being an agreement or memorandum of agreementchargeable under entry (d) , entry (e), entry (f) or entry (g) of thisarticle or NOTE or memorandum chargeable under article 40; | | | (b) made in the form of tenders to the Central Government for orrelating to any loan. | | | Agreement TO lease | | | (See Lease No. 30)"] | | | 6. [ Agreement or Memorandum of Agreement Relating to deposit of titledeeds, pawan, Pledge or Hypothecation, that is to say any instrumentevidencing an agreement or memorandum of agreement relating to - [Article 6 substituted for the original by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (5) w.e.f. 1-4-2006.] | | | (1) the deposit of title deeds or instruments constituting or beingevidence of the title to any property whatever (other than a marketablesecurity), where such deposit has been made by way of security for therepayment of money advanced or to be advanced by way of loan or anexisting or future debt- | | | (a) if such loan or debt is repayable on demand or more than three monthsfrom the date of the instrument evidencing the agreement, - | | | (i) where the amount of loan or debt does not exceed Rs. 10,00,00,000 | [\*\*\*] [Deleted 'Subject to maximum of one lakh rupees' by Gujarat Act No. 15 of 2013, dated 10.4.2013.] , twenty-five paise for every hundred rupees or part thereof. | | (ii) where it exceeds Rs. 10,00,00,000 | [Subject to maximum of eight lakh rupees,] [Substituted 'Subject to maximum of three lakh rupees' by Gujarat Act No. 15 of 2013, dated 10.4.2013.] fifty paise for every hundred rupees or part thereof. | | (b) if such loan or debt is repayable not more than three monthsfrom the date of such instrument, | Half the duty payable under sub-clause (a) . | | (2) the pawan, pledge or hypothecation of movable property,where such pawn, pledge or hypothecation has been madeby way of security for the repayment of money advanced orto be advanced by way of loan or an existing or future debt - | | | (i) where the amount of loan or debt does not exceedRs. 10,00,00,000. | [\*\*\*] [Deleted 'Subject to maximum of one lakh rupees' by Gujarat Act No. 15 of 2013, dated 10.4.2013.] , twenty-five paise for every hundred rupees or part thereof. | | (ii) where it exceeds Rs. 10,00,00,000 | [Subject to maximum of eight lakh rupees,] [Substituted 'Subject to maximum of three lakh rupees' by Gujarat Act No. 15 of 2013, dated 10.4.2013.] fifty paise for every hundred rupees or part thereof."] | | 7. Alteration Of Articles of Association of a Company[under the Companies Act, 2013 (18 of 2013)] [Substituted 'under section 97 of the Companies Act, 1956, (1 of 1956)' by Gujarat Act No. 9 of 2018, dated 2.4.2018.] in consequence of increase of thecompany's share capital Instrument of - | A sum equal to the duty that would have been leviable under Article 12 as though the company's nominal share capital had been when the company was formed, equal to the total share capital so increased, less the sum already paid under Article 12. | | Exemption | | | Instrument of alteration of articles of any associationnot formed for profit and registered[under Section 8the Companies Act, 2013 (18 of 2013)] [Substituted 'under section 25 of the Companies Act, 1956, (1 of 1956)' by Gujarat Act No. 9 of 2018, dated 2.4.2018.] | | | 8. Alteration of Memorandum of Association ofCompany,[under the Companies Act, 2013 (18of 2013)] [Substituted 'under section 97 of the Companies Act, 1956, (1 of 1956)' by Gujarat Act No. 9 of 2018, dated 2.4.2018.] in consequence of increase of company'sshare capital, Instrument of - | | | (a) if the memorandum of association has beenaccompanied[under Section 10 the CompaniesAct, 2013 (18 of 2013)] [Substituted 'under section 26 of the Companies Act, 1956, (1 of 1956)' by Gujarat Act No. 9 of 2018, dated 2.4.2018.] by articles of association onthe alteration of which duty is paid under article 7; | Nil | | (b) if the memorandum of association has not beenso accompanied and the duty is not so paid; | The same duty as is leviable on the memorandum of association under clause (b) of Article 35 as though the company's share capital, when the company was formed, had been equal to the total share capital so increased, less the sum already paid under the said clause (b) . | | Exemption | | | Instrument of alteration of memorandum of any associationnot formed for profit and registered[under Section 8 theCompanies Act, 2013 (18 of 2013)] [Substituted 'under section 25 of the Companies Act, 1956, (1 of 1956)' by Gujarat Act No. 9 of 2018, dated 2.4.2018.] . | | | 9. Appointment in Execution of A Power; | | | where made by any writing not being a will - | | | (a) of trustees | One hundred rupees. | | (b) of property movable or immovable | [One hundred rupees] [These words were substituted for the words Two Hundred Fifty Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (6) w.e.f. 1-4-2006] | | 10. Appraisement or Valuation made otherwise than underan order of the Court in the course of a suit. | [One hundred rupees] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (7) w.e.f. 1-4-2006.] | | Exemptions | | | (a) Appraisement or valuation made for the information of oneparty only, and not being in any manner obligatory betweenparties either by agreement or operation of law. | | | (b) Appraisement of crops for purpose of ascertaining the amountto be given to a landlord as rent. | | | 11. APPRENTICESHIP - DEED, including every writing relatingto the service or tuition of any apprentice, clerk or servant, placedwith any master to learn any profession, trade or employment. | [One hundred rupees] [These words were substituted for the words `Fifty Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (8) w.e.f. 1-4-2006] | | Exemption | | | Instrument of apprenticeship by which a person is apprenticedby or at the charge of any public charity. | | | | | | --- | --- | | 12. Articles of association of a company - | [Clauses (a) to (g) up to 31-7-98] | | (a) where the company has no capital or the nominal sharecapital does not exceed Rs. 1,00,000. | [Five hundred rupees [These words substituted for 'two hundred, two thousand, six thousand, ten thousand and twenty thousand by Gujarat 8 of 1992 section 3(3) (a)to(g).] | | (b) Where the nominal share capital exceeds Rs. 1,00,000 but doesnot exceed Rs. 5,00,000. | Two thousand rupees | | (c) Where the nominal share capital exceeds Rs. 5,00,000 but doesnot exceed Rs. 15,00,000. | Five Thousand rupees. | | (d) Where the nominal share capital exceeds Rs. 15,00,000 but doesnot exceed Rs. 30,00,000. | Nine thousand rupees. | | (e) Where the nominal share capital exceeds Rs. 30,00,000 but doesnot exceed Rs. 50,00,000. | Fifteen thousand rupees. | | (f) Where the nominal capital exceeds Rs. 50.00.000 but doesnot exceed Rs. 1.00.00.000. | Twenty thousand rupees. | | (g) Where the nominal share capital exceeds Rs. 1,00,00,000 | Thirty thousand rupees.] | | Form 1-8-98 following substituted for[Where the Companyhas no share capital or nominal share capital.] [These words were substituted for the words Two Hundred Fifty Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (6) w.e.f. 1-4-2006.] | clauses (a) to (g).["Subject to maximum of five lakhs rupees, fifty paise for every hundred rupees or part thereof'] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (9) w.e.f. 1-4-2006.] | | Exemptions | | | Articles of Association of any company not formed forprofit and registered under section 25 of the companies Act, 1956. (1 of 1956). | | | See : also Memorandum of Association (No. 35). | | | Assignment See Conveyance (No. 20), Transfer (No. 56) and Transfer of Lease (No. 57) as the case may be. | | | Attorney, See Power Of Attorney (No. 45). Authority To Adopt, | | | See Adoption Deed (No. 3). | | | 13. AWARD, that is to say, any decision in writing by an arbitratoror umpire, not being an award directing a partition on a referencemade otherwise than by an order of the Court in the course of a suit. | [One Hundred Rupees] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (10) w.e.f. 1-4-2006.] | | Exemption | | | Award under the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964)section 268 or the Bombay Hereditary Offices Act, 1874, (Bom. III of1874.) section 18. | | | 14. [ BOND as defined by section 2 (c) not being a debenture and notbeing otherwise provided for by this Act, or by the Gujarat Court-feesAct, 2004, (Guj. 4 of 2004) if the amount or value secured by the bond [Article 14 substituted for the original by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (11) w.e.f. 1-4-2006.] | | | (i) does not exceed Rs. 10,00,00,000 | [\*\*\*] [Deleted 'Subject to maximum of one lakh rupees' by Gujarat Act No. 15 of 2013, dated 10.4.2013.] , twenty-five paise for every hundred rupees or part thereof. | | (ii) where it exceeds Rs. 10,00,00,000 | [Subject to maximum of eight lakh rupees,] [Substituted 'Subject to maximum of three lakh rupees' by Gujarat Act No. 15 of 2013, dated 10.4.2013.] fifty paise for every hundred rupees or part thereof. | | See : Administration Bond (No. 2), Bottomry Bond (No. 15), CustomsBond or Excise Bond (No. 23), Idemnity Bond (No. 29), RespondentiaBond (No. 50), Security Bond (No. 51) | | | Exemption | | | Bond, when executed by any person for the purpose of guaranteeingthat the local income derived from private subscriptions to acharitable dispensary or hospital or any other object of publicutility, shall not be less than a specified sum per mensum.”] | | | 15. BOTTOMRY BOND, that is to say, any instrument wherebythe master of a sea -going ship borrows money on the securityof the ship to enable him to preserve the ship or prosecute her voyage. | The same duty as a Bond (No. 14) for the same amount | | 16. CANCELLATION- Instrument of (including any instrumentby which any instrument previously executed is cancelled),if attested and not otherwise provided for. | [One Hundred Rupees] [These words were substituted for `Fifty Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (12) w.e.f. 1-4-2006] | | See also Release (No.49), Revocation of Settlement (No.52-B),Surrender of Lease (No.55), Revocation of Trust (No. 58-B). | | | 17. CERTIFICATE OF SALE -(in respect of each property put upas a separate lot and sold) granted to the purchaser of anyproperty sold by public auction by a Civil or Revenue Court orCollector or other Revenue Officer or by an officer, of Customs:- | The same duty as is leviable on a conveyance under Article 20 for a market value equal to the amount of the purchase money. | | 18. CERTIFICATE OR OTHER DOCUMENT, evidencing theright or title of the holder thereof, or any other person either toany share, scrip or stock in or any incorporated company, orother body corporate, or to become proprietor of shares, scripor stock, in or of any such company or body. | 1[“One rupee for every one thousand rupees or part thereof of the value of the share, scrip or stock”] | | See also Letter of Allotment of Shares (No. 31). | | | [Explanation.- For the purpose of this article, the value of shares, scrip or stock includes the amount of premium, if any.] [Added by Gujarat Act No. 15 of 2013, dated 10.4.2013.] | | | 18A. [(1) CLEARANCE LIST, - relating to the transactions for thepurchase or sale of Government securities submitted to theclearing house of a stock exchange. [Article 18A to 18E were inserted by Gujarat 13 of 1994 section 11(4) .] | The sum of duties payable under Article 5 (b) or 39 (g) , as the case may be, in respect of each of the entries in such list on the value of the securities calculated at the making up price or the contract price, as the case may be. | | (2) CLEARANCE LIST, - relating to the transactions for thepurchase or sale of a share, script, stock, bond, debenture,debenture - stock or other marketable security of a like naturein or of an incorporated company or other body corporatesubmitted to the clearing house of a stock exchange whetherrecognised or not under the Securities Contracts (Regulation) Act, 1956 [XLII of 1956] | The sum of duties payable under Article 5 (c) (i) or 39 (f), as the case may be, in respect of each of the entries in such list on the value of the securities calculated at the making up price or the contract price, as the case may be | | 18B. CLEARANCE LIST, - relating to transactions for the purchaseor sale of cotton submitted to the clearing house of a Cotton Association. | The sum of duties payable under Article 5 (d) or 39 (a) , as the case may be in respect of each of the entries in such list on the units of transaction or part thereof | | 18C.CLEARANCE LIST, - relating to the transactions for the purchaseor sale of bullion or species submitted to the clearing house of aBullion Association. | The sum of duties payable under Article 5 (e) or 39 (b) , as the case may be, in respect of the entries in such list on the units of transaction or part thereof. | | 18D. CLEARANCE LIST, - relating to the transactions for thepurchase or sale of oil seeds submitted to the clearing houseof oil seed Association. | The sum of duties payable under Article 5 (f) or 39 (c) , as the case may be, in respect of the entries in such list on the units of transaction or part thereof. | | 18E. CLEARANCE LIST, - relating to the transactions for thepurchase or sale of yarn of any kind, non mineral oil or spicesof any kind. | The sum of duties payable under Article 5 (g) or 39 (d) , as the case may be, in respect of the entries in such list on the units of transaction or part thereof.] | | 19. COMPOSITION - DEED, - that is to say, any instrumentexecuted by a debtor whereby he conveys his property for thebenefit of his creditors or whereby payment of a compositionor dividend on their debts is secured to the creditors, or wherebyprovision is made for the continuance of the debtor’s business,under the supervision of inspectors or under letters of licencefor the benefit of his creditors. | one hundred rupees | | 20. (a) CONVEYANCE, not betting a transfer charged or exempted[under Article No. 56. relating to immovable property.] [The words were substituted for the words 'under article No. 56' by Gujarat Act. No. 19 of 2001 Section 6(2) (i) w.e.f. 1-9-2001.] | [Three Rupees And Fifty Five Paise] [These Words Were Substituted For `six Rupees' By Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (14) W.E.F. 1-4-2006.] For Every Rs. 100 or part thereof of the amount of the consideration for such conveyance or, as the case may be, the market value of the property which is the subject matter of such conveyance whichever is greater. | | Exemption | | Assignment of copy-right by entry made under the Copyright Act,1957 (XIV of 1957.) | Two rupees for every hundred rupees or part thereof of the amount of the consideration for such conveyance or, as the case may be, the market value of the property which is the subject matter of such conveyance whichever is greater.] | | 20.[(aa) Conveyance, not being a transfer charged or exemptedunder article 56, relating to movable property. [This clause were substituted by The Bombay Stamp (Gujarat Amendment). Act. 2002 Section 4(2) w.e.f. 1-4-2002.] | | 20 (b) CONVEYANCE (not being a transfer charged or exemptedunder Article No.56) so far as it relates to premises of a co-operativesociety registered or deemed to have been registered under theGujarat Cooperative Societies Act, 1961 (Gujarat X of 1962) by suchsociety in favour of its member (whether in consequence of purchaseof its shares or not) or by such member in favour of another member(whether in consequence of transfer of his shares to another member or not) | [Three rupees and fifty five paise] [These words were substituted for `Six Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (14) w.e.f. 1-4-2006.] for every Rs. 100 or part thereof of the consideration for such conveyance or, as the case may be, the market value of the property which is property which is the subject matter of such conveyance whichever is greater. The same duty as is leviable under article 20 (b) ; | | 20[(c) CONVEYANCE (not being a transfer charged or exemptedunder Article No.56) of the property which is subject matter of theconveyance so far it relates to premises- [Clause (C) was inserted by Gujarat 130of 1994 Section 12(5) (1).] | | (i) of a Corporation formed and registered under the Bombay Non-Trading Corporation Act, 1959; (Bombay xxvi of 1959); or | | | (ii) of a Board constituted under the Gujarat Housing Board Act, 1961,(Gujarat xviii of 1961) or the Gujarat Rural Housing Board Act, 1972;(Gujarat 22 of 1972); or | | | (iii) to which provisions of the Gujarat Ownership Flats Act, 1973apply by such Corporation, Board, Society, Company or, as thecase may be, Association in favour of its member or as the casemay be, allotee (whether in consequence of purchase of his shareor not) or by, such member or, as the case may be allottee in favourof another member or allottee (whether in consequence of transferof his share to another member or as the case may be, allottee or not] | The stamp duty is payable under clause (a) and (aa) , as the case may be.;] | | 20](cc) Conveyance, (not being a transfer charged or exempted underarticle No. 56) if relating to both movable and immovable property. | [Subject to maximum twenty-five crores rupees] [Substituted 'Subject to maximum of ten crores rupees' by Gujarat Act No. 15 of 2013, dated 10.4.2013.] - (i) an amount equal to[One per cent] [These words were substituted for `0.75 Percent' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (14) w.e.f. 1-4-2006.] of the aggregate amount comprising of the market value of share issued or allotted in exchange of or otherwise, or the face value of such shares, whichever is higher and the amount of consideration, if any, paid for such amalgamation, or | | 20 [(d) CONVEYANCE,[so far as it relates to scheme for reconstructionof the company or companies involving merger or the amalgamationof any two or more companies by an order of the National Company LawTribunal under section 232 of the Companies Act, 2013 (18 of 2013) or foramalgamation or dissolution of Banking Companies by an order of theReserve Bank of India under Section 44A of the Banking RegulationAct 1949 (10 of 1949)] [Substituted by Gujarat Act No. 9 of 2018, dated 2.4.2018.] | | | (ii) an amount equal to[one percent] [These words were substituted for '0.75 percent' by Bombay. Stamp (Gujarat Amendment) Act, 2006 Section 5 (14) w.e.f. 1-4-2006.] of the true market value of the immovable property situated in the State of Gujarat of the transferor company, | | | whichever is higher.] | | | | --- | | [Explanation I- For the purpose of this Article,[and subject to sub-item (a) of item (ii) of clause (f) of article 45] [Explanation - I was inserted and existing explanation re-numbered' Explanation - II by Gujarat 13 of 1994 - 12 (5) (2).] an agreements to sell an immovable property or an irrevocable power of attorney shall, in case of transfer of the possession of such property before, at the time of, or after the execution of such agreement or power of attorney, be deemed to be a conveyance and the stamp duty thereon shall be chargeable accordingly: | | Provided that the provisions of section 32-A shall applymutatis mutandisto such agreement or power of attorney as are applicable to a conveyance: | | Provided further that where subsequently a conveyance is executed in pursuance of such agreement of sale, or an irrevocable power of Attorney, the stamp duty, if any, already paid and recovered on the agreement of sale or an irrevocable power of Attorney which is deemed to be a conveyance, shall be adjusted towards the total duty leviable on the conveyance.] | | [Explanation II- For the purposes of this Article, the expression “premises” means any land or building or part of a building including any flat, apartment, tenement, shop or warehouse therein and includes:- | | (i) gardens, grounds and out houses, if any, appertaining to such building or part of a building, and | | (ii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof.] | | [Explanation III- for the purpose of clause (d) , the market value of share - [These explanation - III substituted by Gujarat Act. no. 8 of 2000 Section 3(b) (iii) w.e.f. 1-4-2000.] | | (a) in relation of the transferee company whose shares are listed and quoted for trading on a stock exchange, means the market value of share as on the appointed date mentioned in the scheme of amalgamation or when appointed date is not so fixed, the date of[Order of National Company Law Tribunal or, as the case may be the order of the Reserve Bank of India.] [Substituted 'order of the High court' by Gujarat Act No. 9 of 2018, dated 2.4.2018.] | | (b) In relation to the transferee company, whose shares are not listed or listed but not quoted for trading on a stock exchange means the market value of the share issued or allotted with reference to the market value of share of the transferor company. | | (c) Where the transferee company and transferor company, whose shares are not list or not listed but not quoted for trading on stock exchange means the face value of the share issued or allotted with reference to the face value of share of the transferee company.] | | 21. Copy OR Extract, certified to be a true copy or extract by orby order of any public officer and not chargeable under the lawfor the time being in force relating to court fees. | [One hundred rupees] [These words were substituted for Twenty Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (15) w.e.f. 1-4-2006.] | | Exemptions | | | (a) Copy of any paper which a public officer is expressly requiredby law to make or furnish for record in any public office or for anypublic purpose. | | | (b) Copy of, or extract from any register relating to births, bapitisms,namings, dedications, marriages, divorces, deaths or burials. | | | 22. Counterpart Or Duplicate of any instrument chargeable withduty and in respect of which the proper duty has been paid. | [One hundred rupees] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (16) w.e.f. 1-4-2006.] | | Exemption | | | Counterpart of any lease granted to cultivator when such lease isexempted from duty. | | | 23. Customs Bond Or Excise Bond, that is to say, any bond givenpursuant to the provisions of any law for the time being in forceor to the directions of any officer of Customs or Excise for, or inrespect of, any of the duties of Customs or Excise or for preventingfrauds or evasions thereof or for any other matter or thing relatingthereto. DECLARATION OF ANY TRUST, See Trust (No. 58) | [One hundred rupees] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (17) w.e.f. 1-4-2006.] | | 24. Delivery Order In respect of Goods, that is to say, any instrumententitling any person therein named or his assigns or the holder thereof,to the delivery of any goods lying in any dock or port, in any warehousein which goods are stored, or deposited on rent or hire, or upon anywharf,[When such goods exceed in value one hundred rupees] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (18(a) ) w.e.f. 1-4-2006] | [One rupee for every one thousand rupees or part thereof] [These words were substituted for Twenty Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (18(b) ) w.e.f. 1-4-2006.] | | DEPOSIT OF TITLE - DEEDS - See Agreement relating to Deposit ofTitle Deeds, Pawn or pledge (No. 6) | | | DISSOLUTION OF PARTNERSHIP- See Partnership (No. 44) | | | 25. Divorce, Instrument of, that is to say, any instrument bywhich any person effects the dissolution of his marriage. | [One hundred rupees] [These words were substituted for `Five hundred Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (19) w.e.f. 1-4-2006.] | | DOWER-Instrument of, See Settlement (No. 52) | | | DUPLICATE, See Counterpart (No. 22). | | | 26. Exchange of Property - Instrument of -EXCISE BOND,See Customs Bond or Excise Bond (No. 23) | The same duty as is leviable on a conveyance under article 20 on the market value of the property of the greatest value. | | 27. [ Further Charge,- Instrument of, that is to say, any instrumentimposing a further charge on mortgaged property- [Article 27 Substituted for the original by Gujarat 13 of 1994 Section 12 (8) .] | | | (a) When the original mortgage is one of the description referredto in clause (a) of Article 36 (that is, with possession). | The same duty as is leviable on a conveyance under Article 20 (a) for the amount of further charge secured by such instrument. | | (b) when such mortgage is one of the description referred to inclause (b) of Article 36 (that is, with possession)- | | | (i) if at the time of execution of the instrument of further chargepossession of the property is given under such instrument. | [Three rupees and fifty paise] [These words were substituted for `Six Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (20) w.e.f. 1-4-2006.] for every Rs. 100 or part thereof for the total amount of the charge (including the original mortgage and any further charge already made) less the duty already paid on such original mortgage | | (ii) [ if possession is not so given.] [This clause substituted by Gujarat Act. No. 19 of 2001 Section 6(3) (i) w.e.f. 1-9-2001.] | (a) [ where the amount of further charge secured by such instrument does not exceed Rs. 10,00,00,000/-[subject to maximum of eight lakh rupees,] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (20(ii) ) w.e.f. 1-4-2006.] twenty - five paise for every hundred rupees or part thereof; | | | and further charge. | | | (b) where the amount of further charge secured by such instrument exceeds Rs. 10,00,00,000/-[Subject to maximum of eight lakh rupees,] [Substituted 'Subject to maximum of three lakh rupees' by Gujarat Act No. 15 of 2013, dated 10.4.2013.] fifty paise for every hundred rupees or part thereof.”] | | (c) [ When original mortgage is one of the description referredin clause (b) (i) of article 36. [This clause inserted by Gujarat 15 of 2003 Section4(1) we.f. 1-4-2003.] | The same duty as is leviable under article 6(l) (a).] Deleted w.e.f. 1-3-2006] | | 28. GIFT-Instrument of not being a Settlement (No. 52) or Willor Transfer No. (56) Hiring Agreement or agreement for service. (See Agreement No. 5) | The same duty as is leviable on a conveyance under article 20 market value of the property which is the subject-matter of the gift. Provided that where an instrument of gift contains any provision for the revocation of the gift the value of the property which is the subject matter of the gift shall, for the purposes of duty, be determined as if no such provision were contained in the instrument. | | 29. Indemnity Bond. | [One hundred rupees] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (21) w.e.f. 1-4-2006.] | | Inspectorship - Deed. | | | See Composition Deed (NO. 19) | | | 30. LEASE, including an under lease or sub-lease and any agreementto let or sublet. - | | | (a) Where by such lease the rent is fixed and no premium is paidor delivered. | | | (i) Where the lease purports to be for a term of less than one year. | [One Rupee for every hundred rupees, or part thereof] [These words were substituted for the words `The Same Duty as a Bond (No. 14) by The Bombay Stamp (Gujarat Amendment). Act. 2002 Section 4(3(i) ) w.e.f. 1-4-2002.] or the whole amount payable or deliverable under such lease. | | (ii) Where the lease purports to be for a term of not less than oneyear but not more than three years; | [Two Rupee for every hundred rupees, or part thereof] [These words were substituted for Three Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (22) w.e.f. 1-4-2006.] for the amount or value of the average annual rent reserved. | | (iii) Where the lease purports to be for a term in excess of threeyears but not more than ten years; | The same duty as is leviable on a conveyance under Article 20 for the amount or value of the average annual rent reserved. | | (iv) Where the lease purports to be for a term in excess of tenyears but not more than thirty years; | The same duty as is leviable on a conveyance under Article 20 for twice the amount or value of the average annual rent reserved. | | (v) Where the lease purports to be for a term in excess of thirtyyears but not more than ninety eight years; | The same duty as is leviable on a conveyance under Article 20 for thrice the amount or value of the average annual rent reserved. | | (vi) Where the lease purports to be for a term in excess of ninetyeight years; | The same duty as is leviable on a conveyance under Article 20 for five times the amount or value of the average annual rent reserved. | | (vii) Where the lease purports to be in perpetuity; | The same duty as is leviable on a conveyance under Article 20 for one fifth of the whole amount or rents which would be paid or delivered in respect of the first fifty years of the lease. | | (viii) Where the lease does not purports to be for any definite term; | The same duty as is leviale on a conveyance under Article 20 for the amount or value of the average annual rent which would be paid or delivered for the first ten years if the lease continued so long. | | (b) where the lease is granted for a fine or premium or for moneyadvanced or to be advanced and where no rent is reserved. | The same duty as is leviable on a conveyance under Article 20 for the amount or value of such fine or premium or advances as set forth in the lease. | | (c) Where the lease is granted for a fine or premium or for moneyadvanced or to be advanced in addition to rent reserved | The same duty as is leviable on a conveyance under Article 20 for the amount or value of such fine or premium or advance as set forth in the lease, in addition to the duty which would have been payable on such lease if no fine or premium or advance had been paid or delivered. Provided that, in any case where an agreement to lease is stamped with advalorem stamp required for a lease and a lease in pursuance of such agreement, is subsequently executed, the duty on such lease shall not exceed ten rupees. | | (d) [ Where the lease relates to movable property. [Clause (d) inserted by Gujarat 10 of 1997. Section 2(3); w.e.f. 1-4-97.] | Two rupees for every hundred rupees of part thereof on the amount of average annual rent plus the total amount of fine or premium or money advanced or to be advanced, irrespective of the period for which such lease or agreement to lease is executed.] | | Explanation I | | | Rent paid in advance shall be deemed to be premium or moneyadvanced within the meaning of this article unless it is specificallyprovided in the lease that rent paid in advance will be set off towardsthe last instalment or instalments of rent. | | | Explanation II | | | When a lessee undertakes to pay any recurring charge such asGovernment revenue, landlord’s share of ceses, or the owner’sshare of municipal rates of taxes, which is by law recoverablefrom the lessor, the amount so agreed to be paid by the lessee,shall be deemed to be part of the rent. | | | 30A. [ LEAVE AND LICENCE AGREEMENT relating to immovableproperty other than the residential property. [Article 30A were inserted by The Bombay Stamp (Gujarat Amendment). Act. 2002 Section 4(4) w.e.f. 1-4-2002.] | Fifty paise for every hundred rupees or part thereof on the whole amount payable or deliverable plus the total amount of fine or premium or money advanced or to be advanced irrespective of the period for which such leave and licence agreement is executed.] | | 31. Letter of Allotment or Renunciation of Shares, in any companyor proposed company, or in respect of any loan to be raised by anycompany or proposed company. | [One rupee for every one thousand rupees or part thereof of the value of the shares.] [These words were substituted for Two Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (23) w.e.f. 1-4-2006.] | | See also Certificate or other Document (No. 18) | | | 32. Letter of Guarantee. | [One hundred rupees] [These words were substituted for `Sixty Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (24) w.e.f. 1-4-2006.] | | 33. Letter of Licence, that is to say, any agreement between a debtorand his creditors, that the latter shall, for a specified time, suspendtheir claims and allow the debtor to carry on business at his owndiscretion. | [One hundred rupees] [These words were substituted for `Fifty Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (25) w.e.f. 1-4-2006.] | | | | | --- | --- | | 34. Marriage Registration | [One hundred rupees] [These words were substituted for Two Hundred and Fifty Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (26) w.e.f. 1-4-2006.] | | 35. Memorandum of Association of A Company. | | | (a) if accompanied by articles of association[under Section10 of the Companies Act, 2013 (18 of 2013).] [Substituted 'under section 26 of the Companies Act, 1956. (1 of 1956)' by Gujarat Act No. 9 of 2018, dated 2.4.2018.] | [One hundred rupees] [These words were substituted for 'One Thousand Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (27) w.e.f. 1-4-2006.] | | (b) if not so accompanied | The same duty as is leviable on article of Association under Article 12 according to the share capital of the company. | | Exemption | | | Memorandum of any association not formed for profit andregistered[under Section 8 of the Companies Act, 2013(18 of 2013).] [Substituted 'under section 25 of the Companies Act, 1956 (1 of 1956)' by Gujarat Act No. 9 of 2018, dated 2.4.2018.] | | | 36. Mortgage - Deed, not being an Agreement relatingto Deposit of Title-Deeds, Pawn or Pledge (No. 6),Botomry Bond (No. 15), Mortgage of a Corp (No. 37),Respondent Bond (No. 50) or Security Bond (No. 51), | | | (a) when possession of the property or any part of the propertycomprised in such deed is[xxxx] [The words is 'or is not' deleted by Gujarat 13 of 1994 section 12(12) (1) (i) and substituted by Gujarat Act No. 19 of 2001 sec. 6(4) (i) w.e.f. 1-9-2001.] given, or is agreed to be given,by the mortgagor. (Clause (b) & Explanation up to 31-7-98] | The same duty as is leviable on a conveyance under[clause (a) of] [These words were inserted by Gujarat 13 of 1994 section 12(12) (1) (ii).] Article 20 for the amount secured by such deed. | | (b) [ when possession of the property or any part of the propertycomprised in such deed is not given or not agreed to be given. [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (28(a) ) w.e.f. 1-4-2006.] | The same duty as is leviable under article 6(l) (a).’] | | [Explanation I - [The existing Explanation shall be re-numbered as Explanation I and after Explanation I as so renumbered, Explanation, II & III was inserted by Gujarat 9 of 1998 Section 4 (b) w.e.f. 1-8-98.] | | | A mortgagor who gives to the mortgage a power of attorney tocollect rents or a lease of the property mortgaged or part thereof,is deemed to give possession within the meaning of this Article] | | | (c) [ when a collateral or auxilliary or additional or substituted security,or by way of further assurance for the above mentioned purposewhere the principal or primary security is duly stamped.] [Original clause (b) was re-lettered as clause (c) by Gujarat 13 of 1994 Section 11(12) (2).] | five rupees for every sum Rs. 1000 secured or part thereof. | | Exemptions | | | (1) Instrument executed by persons taking advances under the LandImprovement Loans Act, 1883 (XIX of 1883.) or the Agriculturists’Loans Act, 1884, (XII of 1884.) or by their sureties as security forthe repayment of such advances. | | | (2) Letter of hypothecation accompanying a bill of exchange. | | | 37. Mortgage of A Crop, including any instrument evidencing anagreement to secure the repayment of a loan made upon anymortgage of a crop whether the crop is or is not in existence atthe time of mortgage | | | (a) when the loan is repayable not more than three monthsfrom the date of the instrument, | [Fifty paise] [These words were substituted for Twenty five paise' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (29) w.e.f. 1-4-2006.] for every sum of Rs. 100 or part thereof secured by such mortgage. | | (b) When the loan is repayable more than three months butnot more than eighteen months from the date of the instrument. | One rupee for every sum of Rs. 100 or part thereof secured by such mortgage | | 38. Notarial Act, that is to say, any instrument, endorsement,note, attestation, certificate or entry not being a Protest (No. 46)made or signed by a Notary in the execution of the duties ofhis office, or by any other person lawfully acting as a Notary. | Twenty rupee. | | See also Protest of Bill or Note (No. 46) | | | 39. [ Note or memorandum, sent by a Broker or Agent to hisprincipal intimating the purchase or sale on account of suchprincipal - [Article 39 substituted for the original by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 ( 30) w.e.f. 1-4-2006.] | | | (a) of cotton including cotton pods or Kapas (UnginnedCotton) , | One rupee for every ten thousand rupees or part thereof of the value of cotton at the time of its purchase or, as the case may be, sale. | | (b) of bullion or specie, | One rupee for every ten thousand rupees or part thereof of the value of silver, gold or, as the case may be, sovereigns at the time of purchase or, as the case may be, sale. | | (c) of oil-seeds, | One rupee for every ten thousand rupees or part thereof the value of the oil seeds at the time of its purchase or, as the case may be, sale. | | (d) of any kind of yarn, non-mineral oils or spices, | One rupee for every ten thousand rupees or part thereof of the value of such yarn, ground-nut oil, other non-mineral oil or spices at the time of its purchase or, as the case may be, sale. | | (e) of any other goods exceeding twenty rupees in value, | Nil | | (f) of any share, scrip, stock, bond, debenture stock orother marketable security of a like nature exceedingtwenty rupees in value not being a Government security. | One rupee for every ten thousand rupees or part thereof of the value of the security at the time of its purchase or, as the case may be, sale. | | (g) of a Government security | One hundred rupees.”] | | 40. NOTE or ENTRY in records made or a LETTER writtenBY CREDITOR, relating to the deposit of title deeds to serveas evidence of the title to any property whatsoever (other thanmarketable security) where there is no agreement of memorandumof agreement relating to deposit of such title deeds. | The same duty as AGREEMENT RELATING TO DEPOSIT OF TITLE DEEDS (No. 6) | | 41. NOTE FOR PROTEST BY THE MASTER OF A SHIP -See also protest by the Master of a ship (No. 47). | [One hundred rupees] [These words were substituted for Twenty Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (31) w.e.f. 1-4-2006.] | | 42. ORDER FOR THE PAYMENT OF MONEY not being aBill of Exchange within the meaning of the INDIAN Stamp Act,1899. (II of 1899.) - | | | (a) Where payable otherwise than on demand but not morethan one year after date or sight. | [Five rupees] [These words were substituted for `One Rupee' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (32) w.e.f. 1-4-2006.] for every Rs. 1,000 or part thereof the amount of bill or note. | | (b) Where payable at more than one year after date or sight. | The same duty as a Bond (No. 14) for the same amount. | | 43. PARTITIONED - Instrument of as defined by section 2(m) . | The same duty as a Bond (no. 14) for the amount of the market value of the separated share of shares of the property. | | | N.B. : The largest share remaining, after the property is partitioned (or, if there are two or more shares of equal value and not smaller than any of the other shares, than one of such equal shares) shall be deemed to be that from which the other shares are separated : | | | Provided always that - | | | (a) when an instrument of partition containing an agreement to divide property in severalty is executed and a partition is effected in pursuance of such agreement, the duty chargeable upon the instrument effecting such partition shall be reduced by the amount of duty paid in respect of the first instrument, but shall not be less than | | | [One hundred rupees] [These words were substituted for Ten Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (32) w.e.f. 1-4-2006.] | | | (b) where land is held on Revenue Settlement for a period not exceeding thirty years and paying the full assessment, the value for the purpose of duty shall be calculated at not more than five times the annual revenue : | | | (c) where a final order for effecting a partition passed by any Revenue authority or any Civil Court or an award by an arbitrator directing a partition stamped with the stamp required for an instrument of partition, and an instrument of partition in pursuance of such order or award is subsequently executed, the duty on such instrument shall not exceed[One hundred rupees] [These words were substituted for Ten Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (33) w.e.f. 1-4-2006] | | 44. Partnership (1) Instrument of -[up to 31-7-98] | Subject to a maximum of[two thousand rupees, two hundred rupees] [These words were substituted for the words 'One thousand rupees' 'one hundred rupees' by Gujarat 9 of 1993 Section 2 (6) (a).] for every Rs. 10, 000 or part thereof of the amount of the capital of partnership | | (1) [[Instrument of any partnership including, Limited LiabilityPartnership and Joint Venture to run a business] [Substituted by Gujarat Act No. 17 of 2014, dated 28.7.2014.] (a) Where such share of capital is brought in by way of cash. (b) Where such share of capital is brought in by way of immovable property. (c) Where such share of capital is brought in by way of cash and immovable property. | Subject to maximum of ten thousand rupees, one rupee for every hundred rupee or part thereof of the amount of the capital of partnership. The same duty as is leviable on a conveyance under Article 20 for the market value of such immovable property. The same duty as is leviable under sub-clauses (a) and (b), respectively.] | | (2) (a) Alteration in the constitution of the partnership in[including, Limited Lability Partnership and Joint Ventureto run a business] [Substituted 'consequence of increase of the capital of the partnership,' by Gujarat Act No. 9 of 2018, dated 2.4.2018.] Instrument of | A sum equal to the duty that would have been leviable under clause (I) as though capital of the partnership had been, when the partnership was formed, equal to the capital so increased, less sum already paid under clause (1) . | | (b) [including, Limited Lability Partnership and Joint Ventureto run a business] [Substituted 'Alteration in the constitution of the partnership' by Gujarat Act No. 9 of 2018, dated 2.4.2018.] in consequence of any reason other thanthat referred to in sub-clause (a) .Instrument of | [One hundred rupees] [These words were substituted for Two Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (34 (b) (c)) w.e.f. 1-4-2006.] | | (3) Dissolution of -[Partnership or retirement of partnerincluding, Limited Liability Partnership and Joint Ventureto run a business] [Inserted by Gujarat Act No. 9 of 2018, dated 2.4.2018.] (a) where any immovable property is taken as his shareon dissolution of partnership by a partner other than apartner who brought that property as his share orcontribution to partnership[inclusive of, LimitedLiability Partnership and Joint Venture to runa business] [Inserted by Gujarat Act No. 9 of 2018, dated 2.4.2018.] . | The same duty as is leviable on conveyance under Article 20 for the market value of such property or one hundred rupees, whichever is more. | | (b) in any other case. 45. Power of Attorney - as defined by section 2(r) ,not being a proxy - | [One hundred rupees.] [These words were substituted for Two Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (34 (b) (c)) w.e.f. 1-4-2006.] | | (a) when executed for the sole purpose of procuringthe registration of one or more documents in relationto a single transaction or for admitting execution of oneor more such documents; | [One hundred rupees.] [These words were substituted for the words 'ten rupees' by Gujarat 13 of 1994 Section 12 (13) (1) and these words were substituted for `Twenty rupee' Gujarat Act. No. 8 of 2000, Section 3(14)(i) w.e.f. 1-4-2000.] | | (b) When required in suits or proceedings under thePresidency Small Cause Courts Act, 1882; (XV of 1882) | [One hundred rupees.] [These words were substituted for the words `ten rupees' by Gujarat 13 of 1994 Section 12 (13) (1). and these words were substituted for 'Twenty rupees' Gujarat Act. No. 8 of 2000, Section 3(14)(i) w.e.f. 1-4-2000.] | | (c) When authorizing one person or more to act in asingle transaction other than the case mentioned inclause (a) ; | [One hundred rupees.] [These words were substituted for the words `ten rupees' by Gujarat 13 of 1994 Section 12 (13) (1). and these words were substituted for 'Twenty rupees' Gujarat Act. No. 8 of 2000, Section 3(14)(i) w.e.f. 1-4-2000.] | | (d) when authorizing not more than five persons toact jointly and severally in more than one transactionor generally; | [One hundred rupees.] [These words were substituted for 'Twenty rupees' Gujarat Act. No. 8 of 2000, Section 3(14) (ii) w.e.f. 1-4-2000.] | | (e) when authorizing more than five but not morethan ten persons to act jointly and severally in morethan one transaction or generally; | One hundred rupees. | | (f) (i) when given for consideration and authorisingthe attorney to sell any immovable property. | The same duty as is leviable on a conveyance under Article 20 for the amount of the consideration or, as the case may be, the market value of the immovable property whichever is greater; | | (ii) [ when authorising to sell or transfer immovable property without consideration or without showing any consideration, as the case may be, [Added by Gujarat Act No. 15 of 2013, dated 10.4.2013.] | | {| | | (a) if given to the father, mother, brother, sister, wife, husband, son, daughter, grandson, granddaughter; | One hundred rupees. | | (b) in any other case. | The same duty as is leviable on a conveyance under article 20 for the amount of consideration or, as the case may be, market value of the immovable property whichever is greater.] | |- | ['(g) When given to a promoter or developer; bywhatever name called, for construction on; ordevelopment of, or sale or transfer (in anymanner whatsoever) of, any immovable property. [Clause (g) was inserted by Gujarat 13 of 1994. Section 12 (13) (2). and substituted by Gujarat Act. No. 19 of 2001 Section 6(5)(i) w.e.f. 1-9-2001.] | [Three rupees and fifty paise] [Substituted 'One rupee' by Gujarat Act No. 17 of 2014, dated 28.7.2014.] for every hundred rupees or part thereof of the market value of the property which is the subject matter of such power of attorney. |- | | Provided that the provisions of section 32A shall mutatis mutandis apply to such instrument of power of attorney as they apply to a Conveyance under that section : Provided further that when proper stamp duty is paid under clause (ga) of article 5, on an agreement or records thereof or memorandum of an agreement executed between the same parties and in respect of same property, the duty chargeable under this clause shall be rupees one hundred.]; |- | (h) [ in any other case] [Clause (h) was re-lettered for clause (g) by Gujarat 13 of 1994. Section 12 (13) (2).] | [one hundred rupees] [The words were substituted for the words' ten rupees by Gujarat 13 of (1994 Section 12 (13) (3) and these words were substituted for 'Twenty rupee' Gujarat Act. No. 8 of 2000, Section 3(14)(i) w.e.f. 1-4-2000.] for each person authorised. |- | [Explanation I :For the purposes of this article, more personsthan one when belonging to the same firm shall be deemedto be one person. [Explanation I, II and III were substituted for N.B. & Explanation by Gujarat 13 of 1994 Section 12 (13) (4).] | |- | Explanation - II :The term “registration” includes every operationincidental to registration under the Registration Act, 1908. (XVI of 1908) | |- | Explanation - III :Where under clause +[(f) ] duty has been paidon the power of attorney, and a conveyance relating to thatproperty is subsequently executed in pursuance of the power ofattorney between the executants of the power of attorney, andthe person in whose favour it is executed, the duty on conveyanceshall be the duty calculated on the market value of the propertyreduced by duty paid on the power of attorney.] | |- | 46. PROTEST OF BILL, OR NOTE, that is to say, any declarationin writing made by a Notary or other person lawfully acting as such,attesting the dishonour of Bill of Exchange or promissory note. | [One hundred rupees] [These words were substituted for Twenty Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (35-36) w.e.f. 1-4-2006.] |- | 47. PROTEST BY THE MASTER OF A SHIP, that is to say, anydeclaration of the particulars of her voyage drawn up by him witha view to the adjustment of losses or the calculation of averages,and every declaration in writing made by him against thecharters or the consignees for not loading or unloading the shipwhen such declaration is attested or certified by a Notary or otherperson lawfully acting as such. | [One hundred rupees] [These words were substituted for Twenty Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (35-36) w.e.f. 1-4-2006.] |- | See also Note of Protest by the Master of a ship (No. 41). | |- | 48. Reconveyance of Mortgaged Property | [One hundred rupees] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (37) w.e.f. 1-4-2006.] |- | 48A. [ Record of Transaction (electronic or otherwise effectedby a trading member through a stock exchange or the association,— [Inserted by Bombay Stamp (Gujarat Ind. Amendment) Act, 2007, sec. 9 (2) on notified date.] | |- | (a) if relating to sale and purchase of Government Securities. | One hundred rupees |- | (b) If relating to purchases or sale of Securities, other thanthose falling under item (a) above,- (i) in case of delivery | One hundred rupees for every ten thousand rupees or part thereof. |- | (ii) in case of non-delivery | Twenty paise for every ten thousand rupees or Part thereof – . ------------------ |- | (c) if relating to futures and options trading | Twenty paise for every ten thousand rupees or Part thereof – . ------------------ |- | (d) if relating to forward contracts of commodities describedin clauses (a) to (d) of Article 39, traded through anassociation or otherwise. | One rupee for every one lakh rupees or part thereof |- | Explanation I- No duty shall be chargeable under thisArticle on agreement or its record or note or memorandum. | |- | Explanation II- For the purpose of clause (b) , securities shallhave the same meaning as defined under the SecuritiesContract (Regulation) Act, 1956 (42 of 1956)] | |- | 49. [ RELEASE- that is to say, any instrument (not being such a release as is provided for by section 24) whereby a person renounce a claim upon another person or against any specified property- [Substituted by Gujarat Act No. 15 of 2013, dated 10.4.2013.] |- | | | | | --- | --- | | (a) if the release deed of an ancestral property or part thereof is executed by or in favour of brother or sister (children of renouncer' s parents) or son or daughter or son of predeceased son or daughter of predeceased son or father or mother or spouse of the renouncer or the legal heirs of the above relations; | One hundred rupees. | | (b) in any other case | The same duty as is leviable on a conveyance under article 20 for the amount of consideration or, as the case may be, market value of the share, interest, part or claim renounced in immovable property whichever is greater.] | |- | 50. Respondentia Bond that is to say, any instrument securinga loan on the cargo laden or to laden on board a ship and makingrepayment contingent on the arrival of the cargo at the port of destination. | The same duty as a Bond (No. 14) for the amount of the loan secured. |- | Revocation of any trust or Settlement See Settlement (No. 52); Trust (No. 58) | |- | 51. Security Bond or Mortgage-DEED executed by way of securityfor the due execution of an office, or to account for money or otherproperty received by virtue thereof or executed by a surety to securethe due performance of a contract | [One hundred rupees] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (39) w.e.f. 1-4-2006.] |- | Exemptions: | |- | Bond or other instrument, when executed- | |- | (a) by any person for the purpose of guaranteeing that the localincome derived from private subscriptions to a charitable dispensaryor hospital or any other object of public utility shall not be less thana specified sum per mensem; | |- | (b) under the rules made by the State Government under section76 of the Bombay Irrigation Act, 1879; (Bom VII of ### 1879. ) | |- | (c) Executed by person taking advances under the LandImprovement Loans Act, 1883, (XIX of 1883.) or theAgriculturists’ Loan Act, 1884 (XII of 1884.) or by theirsureties as security for the repayment of such advances; | |- | (d) executed by officers of the Government or theirsureties to secure the due execution of an office orthe due accounting for money or other propertyreceived by virtue thereof. | |- | 52. Settlement - | |- | A. - Instrument of (Including a deed of dower)- | |- | (i) where the settlement is made for a religiousor charitable purpose. | The same duty as a Bond (No. 14) for a sum equal to the amount or, as the case may be, the market value of the property settled. |- | (ii) in any other case, | The same duty as is leviable on a conveyance under Article 20 for the amount or, as the case may be, the market valuer of the property settled: |- | Provided that where an agreement to settle is stamped withthe stamp required for an instrument of settlement and aninstrument of settlement in pursuance of such Agreement issubsequently executed, the duty on such instrument shallnot exceed the | [One hundred rupees] [These words were substituted for Ten Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (43 (a) ) w.e.f. 1-4-2006.] |- | Provided further that where an instrument of settlement contains any provision for the revocation of the settlement, the amount or, as the case may be, the market value of the property settled shall, for the purpose of duty, be determined as if no such provision were contained in the instrument. |- | Exemption | |- | Deed of dower executed on the occasion of a marriagebetween muhammadans. |- | B-Revocation of - (i) In respect of settlement described in A (i) above. | The same duty as a Bond (No. 14) for a sum equal to the amount or, as the case may be, the market value of the property concerned but not exceeding[One hundred rupees] [These words were substituted for Ten Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (43 (b) ) w.e.f. 1-4-2006.] |- | (ii) in respect of settlement described in A (ii) above. | The same duty as is leviable on a conveyance under Article 20 for the amount or, as the case may be, the market value of the property concerned but not exceeding[One hundred rupees] [These words were substituted for Ten Rupees' by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 (43 (c) ) w.e.f. 1-4-2006.] |- | 53. SHARE WARRANTS to bearer issued[underthe Companies Act, 2013 (18 of 2013).] [Substituted 'under the Companies Act, 1956 (1 of 1956.)' by Gujarat Act No. 9 of 2018, dated 2.4.2018.] | The same duty as a Bond (No. 14) for the same amount. |- | Exemption : | |- | Share-warrant when issued by a company in pursuanceof the provisions of section 114 of the Companies Act, ### 1956. ,(I of 1956) to have effect only upon payment as compositionfor that duty, to the Collector of Stamp Revenue, of - | |- | (a) One and a half per centum of the whole subscribed capitalof the company, or | |- | (b) if any company which has paid the said duty or compositionin full, subsequently issues an addition to its subscribed capital- one and a half per centum of the additional capital so issued. | |- | SCRIP, See Certificate (No. 18) | |- | 54. Shipping ORDER for or relating to the conveyance ofgoods on board on any Vessel. | Fifty paiseDeleted w.e.f. 1-4-2006 |- | 55. Surrender of Lease - | [One hundred rupees] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 43 (a) (b) (c) w.e.f. 1-4-2006.] |- | Exemption : | |- | Surrender of lease, when such lease is exempted from duty. | |- | 56. TRANSFER (whether with or without consideration) - | |- | (a) of debentures, being marketable securities whether thedebenture is liable to duty or not except debenturesprovided for by section 8 of the Indian Stamp Act, 1899. (II of ### 1899. ) | [Subject to a maximum of ten thousand rupees, One rupees for every Rs. 100 or part thereof of the face amount of the debenture.] [These words were substituted for the words 'one rupees for every Rs. 100 or part thereof of the face amount of debenture.' by 1998 amendment Act. Section 2(6) w.e.f. 1-8-98 (ACT No. 9 of 1998).] |- | Explanation - | |- | For the purpose of this clause, the term “debenture’ includesdebenture stock. | |- | (b) of any interest secured by bond, mortgage - deed or policyof insurance. | [One hundred rupees] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 43 (a) (b) (c) w.e.f. 1-4-2006.] |- | (c) of any property under the Administrators General Act, 1963(45 of 1963) section 22. | [One hundred rupees] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 43 (a) (b) (c) w.e.f. 1-4-2006.] |- | (d) of any trust property without consideration from one trusteeto another trustee or from a trustee to a beneficiary. | [One hundred rupees] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 Section 5 43 (a) (b) (c) w.e.f. 1-4-2006.] |- | Exemptions | |- | Transfer by endorsement - | |- | (a) of a bill of exchange, cheque of promissory note; | |- | (b) of a bill of lading, delivery order, warrant for goods or othermercantile document of title of goods; | |- | (c) of a policy of insurance; | |- | (d) of securities of the Central Government. | |- | 57. TRANSFER OF LEASE by way of assignment and not by way ofunder lease.[or way of decree or final order passed by any civil courtor any Revenue officer] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 section 5 (44(a) ) w.e.f. 1-4-2006.] | The same duty as is leviable on a conveyance under[Article 20)(a) for the amount of consideration for the transfer, or as the case may be market value of the immovable property which ever is greater] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 section 5 (44(b) ) w.e.f. 1-4-2006.] |- | Exemption | |- | Transfer of any lease exempt from duty. | |- | 58. TRUST - | |- | A. Declaration of - of, or concerning any property when made byany writing not being a will. | [One hundred rupees] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 section 5 (44(a) ) w.e.f. 1-4-2006.] |- | B. Revocation of - of, or concerning, any property when made by anyinstrument other than a will. | [One hundred rupees] [These words were substituted by Bombay Stamp (Gujarat Amendment) Act, 2006 section 5 (44(b) ) w.e.f. 1-4-2006.] |- | (See also Settlement (No. 52)) | |- | VALUATION, SEE Appraisement (No. 10) | |- | 59. WARRANT FOR GOODS, that is to say, any instrument evidencingthe title of any person therein named, or his assigns, or the holderthereof, to the property in any goods lying in or upon any dock, warehouseor wharf, such instrument being signed or certified by or on behalf of theperson in whose custody such goods may be. | One rupees. ]Deleted w.e.f. 1-4-2006 |} II ---- Enactments Repealed (See Section 76) | | | | | | --- | --- | --- | --- | | Year | No. | Enactments | Extent of Repeal | | 1 | 2 | 3 | 4 | | 1899 | II | The Indian Stamp Act, 1899, in its application to the Pre-Reorganisation State of Bombay, excluding the Transferred territories and to the Vidarbha Region and the kutch Area of the State of Bombay. | The whole except in so far as it relates to documents specified in entry 91 of List I in the Seventh to the Constitution of India. | | 1899 | II | The Indian Stamp Act, 1899 as applied to the Saurashtra Area of the State of Bombay | The whole except in so far as it relates to documents specified entry 91 of List I in the Seventh Schedules to the Constitution of India. | | 1331Fasli | IV | The Hyderabad Stamp Act, 1331F. | | | 1932 | II | The Bombay Finance Act, 1932. | Parts IV and V containing sections 15, 16, 17, 18, and 19. | | 1943 | XIV | The Bombay Increase of Stamp Duties Act, 1943. | The whole |

65b999ceab84c7eca86e96c6

acts

State of Haryana - Act ------------------------ The Punjab Ayurvedic and Unani Practitioners (Haryana Amendment) Act, 2014 ---------------------------------------------------------------------------- HARYANA India The Punjab Ayurvedic and Unani Practitioners (Haryana Amendment) Act, 2014 ============================================================================ Act 7 of 2014 --------------- * Published on 31 March 2014 * Commenced on 31 March 2014 The Punjab Ayurvedic and Unani Practitioners (Haryana Amendment) Act, 2014 Haryana Act No. 7 of 2014 Part I – Haryana Government ----------------------------- Law and Legislative Department Notification The 31st March, 2014 No. Leg. 10/2014. - The following Act of the Legislature of the State of Haryana received the Assent of the Governor of Haryana on the 22nd March, 2014, and is hereby published for general information :- An Act further to amend the Punjab Ayurvedic and Unani Practitioners Act, 1963, in its application to the State of Haryana. Be it enacted by the Legislature of the State of Haryana in the Sixty-fifth Year of the Republic of India as follows:- ### 1. Short title. - This Act may be called the Punjab Ayurvedic and Unani Practitioners (Haryana Amendment) Act, 2014. ### 2. Amendment of section 2 of Punjab Act 42 of 1963 . - In section 2 of the Punjab Ayurvedic and Unani Practitioners Act, 1963 (hereinafter called the principal Act),- (i) clause (b) shall be omitted; (ii) after clause (b), the following clauses shall be inserted, namely:- '(ba) "Central Council" means the Central Council of Indian Medicine constituted under section 3 of the Indian Medicine Central Council Act. 1970 (Central Act 48 of 1970); (bb) "Council" means the Council of Indian Medicine, Haryana;'; (iii) after clause (d) the following clause shall be inserted, namely:- '(da) "Indian Medicine" means the system of Indian medicine commonly known as Ayurvedic System or Unani System supplemented or not by such modern and advances, as the Central Council may declare, by notification, from time to time;'; (iv) after clause (k) the following clause shall be inserted, namely:- '(ka) "State Government" means the Government of the State of Haryana;'; (v) clause (1) shall be omitted; ### 3. Amendment of various sections of Punjab Act 42 of 1963 . - In the principal Act, for the word "Board" wherever occurring, the word "Council" shall be substituted. ### 4. Amendment of section 3 of Punjab Act 42 of 1963 . - In section 3 of the principal Act,- (i) in sub-section (1), the words and signs "to be known as the Board of Ayurvedic and Unani Systems of Medicine, Haryana" shall be omitted; (ii) for sub-section (3), the following sub-section shall be substituted, namely:- "(3) The Chairman of the Council shall be appointed by the State Government from amongst the practitioners,- (i) possessing a degree mentioned in the Second Schedule or the Third Schedule or the Fourth Schedule to the Indian Medicine Central Council Act, 1970 (Central Act 48 of 1970); (ii) registered with the Council; and (iii) who is domicile of the State of Haryana, on such terms and conditions, as it may think fit and shall hold office during the pleasure of the State Government.". ### 5. Amendment of section 15 of Punjab Act 42 of 1963 . - In sub-section (3) of section 15 of the principal Act,- (i) in clause (a), the sign and word ";or" shall be omitted; and (ii) clause (b) shall be omitted. ### 6. Amendment of section 15B of Punjab Act 42 of 1963 . - After sub-section (2) of section 15B of the principal Act, the following sub-section shall be added, namely :- "(3) If a registered practitioner fails to get his registration renewed within the period provided in sub-section (2), he may apply for extension of period of registration within six months from the expiry of the period provided for renewal under sub-section (2), on payment of such fee, as may be prescribed: Provided that if the name is not re-entered within the period provided under sub-section (3) , the same may be re-entered on payment of such renewal fee as well as additional fee per month, as may be prescribed.". ### 7. Amendment of section 19 of Punjab Act 42 of 1963 . - For clause (d) of section 19 of the principal Act, the following clause shall be substituted, namely :- "(d) practitioners of Indian Medicine having qualifications mentioned in the Second Schedule or the Third Schedule or the Fourth Schedule to the Indian Medicine Central Council Act, 1970 (Central Act 48 of 1970) and registered in Part I of the Register of Indian System of Medicine shall be eligible to practice the Indian Medicine and modern system of medicine including minor surgery based on their training and teaching which are included in syllabi of various courses of the Indian System of Medicine as prescribed under the said Act and the practitioners who are already registered in Part II of the Register of Indian System of Medicine shall be eligible to practice the Indian Medicine.". ### 8. Substitution of section 27 of Punjab Act 42 of 1963 . - For existing section 27 of the principal Act, the following section shall be substituted, namely:- "27. False assumption of certificate or diploma to be an offence.- Whoever wilfully and falsely assumes or uses title or description or any addition to his name implying that he is registered practitioner shall be punishable for the first offence with imprisonment which may extend to three years or with fine which may extend to twenty-five thousand rupees or with both and for every subsequent offence with imprisonment which may extend to five years or with fine which may extend to fifty thousand rupees, or with both.". ### 9. Amendment of section 29 of Punjab Act 42 of 1963 . - In section 29 of the principal Act, for the words "Ayurvedic System or Unani System", the words "Indian Medicine" shall be substituted. ### 10. Substitution of Schedule 1 of Punjab Act 42 of 1963 . - For existing Schedule I to the principal Act, the following Schedule shall be substituted, namely :- "Schedule I (See sections 15 and 31) A person having qualifications included in the Second Schedule or the Third Schedule or the Fourth Schedule to the Indian Medicine Central Council Act, 1970 (Central Act 48 of 1970), shall be eligible for registration.".

65ba097dab84c7eca86ea88d

acts

State of Andhra Pradesh - Act ------------------------------- Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Audit Rules, 1987 --------------------------------------------------------------------------------------------- ANDHRA PRADESH India Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Audit Rules, 1987 ============================================================================================= Rule ANDHRA-PRADESH-CHARITABLE-AND-HINDU-RELIGIOUS-INSTITUTIONS-AND-ENDOWMENTS-AUDIT-RULES-1987 of 1987 --------------------------------------------------------------------------------------------------------- * Published on 1 January 1987 * Commenced on 1 January 1987 Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Audit Rules, 1987 Last Updated 28th May, 2019 In exercise of the powers conferred by sub-section (2) of Section 60 read with Section153 of the Andhra Pradesh and Hindu Religious Institutions and Endowments Act,1987 (Act No. 30 87) the Governor of Andhra Pradesh hereby makes the following rules, the same having been previously published as required by sub- section (1) of Section 153 of the said Act. ### 1. Short title. - These rules may be called the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Audit Rules, 1987. ### 2. The audit of the accounts of a Charitable or Religious Institution or Endowment under Section 58 shall be made in the Office of the institution concerned or at such other place as the Commissioner may, by special order, direct. ### 3. The auditor shall also report on the following mattersrelating to accounts (a) whether the accounts and registers required to be maintained by the Commissioner are kept; (b) whether all the immovable properties and rights, such as fishery rights, right to long grass in village tanks, right tousufruct of trees, and the like, not used by the institution for its purposes have been leased or licensed out in the prescribed manner and to the advantage of the institution and lease deeds or deeds of licence have been got executed in all cases and registered, where necessary, and if in any cases, such properties or rights have not been leased or licensed or lease deeds or deeds of licence have not been taken what such cases are: (c) whether the various items of income or amounts due to the institution have been realised at the proper times and whether due steps to recover the amounts overdue have been taken and, if not,in which case such action has not been taken; (d) whether any claims have become barred by the law of limitation and, if so what such cases are and the person or persons responsible for allowing the claims to become time-barred and the quantum of amount to which each person is responsible; (e) whether all collections have been brought into account without delay; (f) whether any claims have been written off and, if so,to what extent and under what authority and the reasons therefor as recorded by the authority ordering the write off; (g) whether the expenditure is in accordance with the sanctioned budget and, if there are deviations from such budget, what these deviation sare and if there is excess expenditure over budget sanctions, whether the same has been duly approved or ratified by the competent authority. (h) whether every item of expenditure has been sanctioned by the authority competent in that behalf and is supported by proper voucher. (i) whether there is any item of expenditure which, in the opinion of the auditor is, prima facie, Dextravagant; (j) whether there has been any diversion of funds or properties for purposes other than those of the institution. (k) whether advances made have been recouped or adjusted without delay and advances pending adjustment, outstanding on the date of audit; (l) whether moneys not required for immediate expenditure have been deposited in banks and surplus funds have been invested; (m) whether all donations or offerings in kind are accounted for and whether donations made as contributions for specific purposes are earmarked and in other cases are invested in interest-yielding securities; (n) whether in respect of building works, check measurement was done by the competent authority before final payment was made and whether the necessary subsidiary accounts and registers such as measurement books, stock books, muster rolls, tenders and agreement are kept; (o) whether securities have been obtained from the staff in charge of collections or valuables and security bonds got executed. (p) whether proper safeguards have been made to preserve the costly and valuable jewellery and rare pieces of art or images in safe custody; (q) whether there have been any violation of any of the scheme provisions, if the institution is governed by a scheme or of the rules framed under notification if the institution has been notified; (r) whether the sanction of the prescribed authority has been obtained for the creation of the post and scale of pay and allowances that the holder of the post possesses the requisite qualifications and are within the age limits prescribed and that in the case of fresh entrants that certificates of age, health and vaccination are enclosed to the first pay bill. (s) whether claims for travelling allowance are in accordance with the rules prescribed and that the travelling allowance bill sare approved or counter-signed by the prescribed authority. (t) whether a dittam is prepared and got sanctioned by the prescribed authority and that the expenditure in this regard is strictly in accordance with the sanctioned dittam; (u) whether in respect of all refunds of deposits, the claim from the party for the refund is forthcoming, that the amount referred is supported by corresponding credit in the concerned deposit register, that the fact of refund is duly recorded against the concerned item in the deposit register and that the payee's acknowledgment,stamped wherever necessary, is obtained from the payee. (v) whether the annual requirements of the various supplies and services are assessed at the beginning of the year, those tenders or quotations have been invited or called for in respect of all supplies and services in the prescribed manner, that the rules regarding invitation of tenders, obtaining of earnest money and security deposits and execution of agreements are strictly adhered to. ### 4. The auditor shall verify the cash balance and state in the report whether the cash was readily forthcoming for verification. ### 5. (1) The auditor shall, in the course of audit, verify the debentures, share certificates, Government bonds or fixed deposits and the securities and the bank pass books belonging to the institution and report whether they are found correct and they are readily forthcoming. (2) The auditor shall report whether any investment or securities have been encashed before the date of maturity and, if so, whether such encashment was done with the previous permission of the competent authority or not and whether the proceeds after such encashment have been spent for the purposes for which the encashment was reported and sanctioned for. It shall be verified whether the income tax exemption certificates were obtained. (3) The auditor shall also verify whether an inventory register for the jewels and valuables belonging to the institutions maintained, and if so, whether they are intact and correct and whether it is being periodically inspected by such officers as may be appointed by the Commissioner. ### 6. The auditor shall append to his report (a) a statement of receipts and charges under the budget heads; (b) a statement of income and expenditure; (c) a consolidated statement of assets and liabilities; (d) a statement of the debentures, share certificates,Government bonds and other securities; (e) a statement of the demand, collection and balance of all items of revenue or income or decrees, both arrears and current outstanding in cash and in kind at the end of the financial year and of the names of the tenants or other persons from whom the arrear sare due with details of years for which they are due in respect of all temples;and (f) a statement of demand, collection and balance of all items of revenue income, or decrees, both arrears and current, outstanding in cash and in kind at the end of the year in respect of the institutions included in the lists published under Section 6. ### 7. The auditor shall prepare an abstract of the audited accounts (receipts and charges and balance-sheet) and submit two copies thereof alongwith the audit report. ### 8. One copy of the abstract of audited accounts shall be forwarded by the Assistant Commissioner or the Deputy Commissioner or Regional Joint Commissioner or the Commissioner as the case maybe, to the trustee or the Executive Officer of the Chair table or Religious Institutions or Endowment for publication. The Trustee or the Executive Officer shall, on receipt thereof, publish the abstract on the noticeboard of the institution or in any other conspicuous place in the premises of the institution. Where the institution is a specified endowment, the abstract shall be published on the notice board or any other conspicuous place of the Charitable or Religious Institution to which it is attached.Where the specified endowment is attached to more than institution or endowment, the abstract shall be published on the notice board or other conspicuous place of any one of the Charitable or Religious Institutions as the Assistant Commissioner , the Deputy Commissioner, or Regional Joint Commissioner or the Commissioner,as the case may be, may determine.The Commissioner may in the case of an institution or endowment of the accounts of which are subject to concurrent audit under clause (a) of sub-section (2) of Section58, direct that the abstract of audited accounts shall, in addition,be published in any newspaper or any other manner.

65ba08efab84c7eca86ea877

acts

State of Andhra Pradesh - Act ------------------------------- Andhra Pradesh (Telangana Area) Atiyat Enquiries Act, 1952 ------------------------------------------------------------ ANDHRA PRADESH India Andhra Pradesh (Telangana Area) Atiyat Enquiries Act, 1952 ============================================================ Act 10 of 1952 ---------------- * Published on 14 March 1952 * Commenced on 14 March 1952 Andhra Pradesh (Telangana Area) Atiyat Enquiries Act, 1952 (Act No. 10 of 1952 ) [14th March, 1952] Published in Andhra Pradesh Gazette, Extraordinary No. 21, dated 14.3.1952. An Act to amend and consolidate the law regarding Atiyat grants, in respect of Atiyat enquiries, 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 enquiries, enquiries 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 Andhra Pradesh (Telangana Area) Atiyat Enquiries Act, 1952.] [Substituted for short title by Andhra Pradesh Act No. IX of 1961.] (2) It extends to the whole of [the Telangana area of the State of Andhra Pradesh.] [Substituted for the Hyderabad area of the State of Andhra Pradesh' by Andhra Pradesh Act No. IX of 1961.] (3) It shall come into force on such date as the Government may, by notification in the [Official Gazette] [Substituted for 'Jarida' by A.P.A.O. 1957.] 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 enquiries and enquiries as to claims to succession to any right, title or interest in Atiyat grants and matters ancillary thereto; (b) ["Atiyat grants" means] [Substituted by Act No. 28 of 1956.] (i) in the case of jagirs abolished under [the Andhra Pradesh (Telangana Area) (Abolition of Jagirs) Regulation, 1358 F(LXIX of 1358 F] [Substituted for short title by Andhra Pradesh Act No. 9 of 1961.] the commutation sums payable in respect thereof under [the Andhra Pradesh (Telangana Area) Jagirs (Commutation) Regulations, 1359 F (25 of 1359 Fasli);] [Substituted for short title by Andhra Pradesh Act No. 9 of 1961.] (ii) inams to which [the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (8 of 1955)] [Substituted for short title by Andhra Pradesh Act No. 9 of 1961.] is not applicable. (iii) in the case of inams abolished under [the Andhra Pardesh (Telangana Area) Abolition of Inams Act, 1955 (8 of 1955)] [Substituted for short title by Andhra Pradesh Act No. 9 of 1961.] the compensation payable under that Act; (iv) cash grants to which the Hyderabad Abolition of Cash Grants Act, 1952 (33 of 1952) [is not applicable;] [This Act was repealed by Andhra Pradesh Act No. 14 of 1959. ] (v) [cash grants temporarily continued under the Hyderabad Abolition of Cash Grants Act, 1952 (33 of 1952)] [This Act was repealed by Andhra Pradesh Act No. 14 of 1959.;] (vi) in the case of cash grants abolished under the Hyderabad Abolition of Cash Grants Act, 1952 (33 of 1952) [subject to payment of compensation, the compensation payable in respect thereof;] [This Act was repealed by Andhra Pradesh Act No. 14 of 1959.] (c) "Muntakhabs and Vasikas" means documents issued by competent authorities as a result of inam or succession enquiries held under the Dastoor ul 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 Vasika or any order of a competent authority; (e) "holder of an Atiyat grant" means a person or institution actually holding the Atiyat grant; (f) [ xxx] [Omitted by Act No. 28 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 meanings assigned to them in [the Andhra Pradesh (Telangana Area) Land Revenue Act, 1317 F] [Substituted for short title by Andhra Pradesh Act No. 9 of 1961.] General Provisions as to Atiyat Grants 3. Continuance of Atiyat grants:. - All Atiyat grants shall, subject to the provisions of the Andhra Pradesh (Telangana Area) (Abolition of Jagirs) Regulation, 1358 F (LXIX of 1358F), the Hyderabad Abolition of Cash Grants Act, 1952 (VOCIII of 1952) and the Andhra Pradesh (Telangana Area) Abolition of Inams Act, 1955 (VIII of 1955) continue to be held by the holders thereof subject to the conditions laid down in the Muntakhabs or Vasikas, 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 enquiries and enquiries as to any right, title or interest therein shall, notwithstanding anything contained in the Andhra Pradesh (Telangana Area) (Abolition of Jagirs) Regulations, 1358 F (LXIX of 1358 F), be held in Atiyat Courts in accordance with the provisions of this Act, and in the course of such enquiries, Atiyat Courts shall also be competent to enquire 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 enquiries, enquiries as to claims 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] [Substituted by Act No. 28 of 1956.] ### 4. Enquiries as 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 of attachment by a 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 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) Nizam Atiyat; and (d) Board of Revenue: [Provided that the Government may, by notification in the Official Gazette, appoint the date on which the Court of Nizam 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.] [Inserted by Act No. 28 of 1956.] ### 9. Investure of powers:. - Government may, by notification in the [Official Gazette,] [Substituted for 'Jarida' by the APAO 1957.] invest any officer [or authority] [Inserted by Act No. 28 of 1956.] with the powers of any Atiyat Court mentioned in [xxx] [ The words 'Clauses (a) , (b) or (c)' omitted by Act No. 28 of 1956.] Section 8, specifying the area within which the powers may be exercised. ### 10. Jurisdiction and procedure of Atiyat Courts:. - [(1) ] [Section 10 re-numbered as sub-section (1) and sub-section (2) Inserted by Act No. 28 of 1956.] 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 Nizam Atiyat on the appointed date shall be transferred to the Court of the concerned Atiyat Collector, and all original cases pending on that 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.] [Section 10 re-numbered as sub-section (1) and sub-section (2) Inserted by Act No. 28 of 1956.] 11. Appeals:. - (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 Nizam Atiyat before the appointed date, and as from that date to the Board of Revenue; (c) the Nizam Atiyat, an appeal shall lie to the Board of Revenue. (2) Before the date of the publication of the Hyderabad Atiyat Enquiries (Amendment) Act, 1956, in the Official Gazette, from the appellate decision of an Atiyat Collector, an appeal shall lie to the Nizam Atiyat and from an appellate decision of the Nizam 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 Nizam 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 Nizam 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.] [Substituted by Act No. 28 of 1956.] Miscellaneous ### 12. Decision of civil courts to prevail on questions of succession, legitimacy, etc:. - [(1) ] [Section 12 re-numbered as sub-section (1) and sub-section (2) inserted by Act No. 28 of 1956.] In so far as questions 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 bd.O; or after the decision of the civil court. (2) [ If in the course of any enquiry 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 the civil court, the Atiyat Court shall give effect to such decision.] [Inserted by Act No. 28 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 was passed and shall not be questioned in any court of law. 13A. Powers of Atiyat Courts when holding enquiries under this Act:. - Every Atiyat Court shall, when holding an enquiry under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely: [(a) enforcing the attendance of any person and examining him on oath; (b) compelling the production of documents and other material objects; (c) issuing commissions for examination of witnesses; (d) such other matters as may be prescribed; and every enquiry or investigation by an Atiyat Court shall be deemed to be a judicial proceedings within the meaning of Sections 193 and 228 of the Indian Penal Code, 1860 (45 of 1860)] ### 14. Rules:. - Government may make rules for carrying out the purposes of this Act and in particular for anything which may be prescribed under this Act. ### 15. Repeal:. - Dastur-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 [Andhra Pradesh (Telangana Area) (Abolition of.Tagirs) Regulations, 1358 F (LXIX of 1358 Fasli)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;] [Substituted by Act No. 28 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 purpose by the Government by a general or special order. 16. Savings:. - 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 clause (b) 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] [Substituted by Act No. 28 of 1956.] Original Jurisdiction of Atiyat Courts | | | | | --- | --- | --- | | Atiyat Deputy Collector | Atiyat Collector | Nizam Atiyat | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Description of Atiyat Grant | Before the Appointed date | As from the Appointed date | Before the Appointed date | As from the Appointed date | Before the Appointed date | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | | 1. | Atiyat grants other than cash grant | Total annual land assessment up to Rs. 250/- | Total annual land assessment up to Rs. 5,000. | Beyond the power of Atiyat Dy. Collector up to an annual land assessment of Rs. 5,000. | Beyond the powers of Atiyat Dy. Collector without any limit. | Beyond the powers of Atiyat Collector without any limit. | | 2. | Cash grants | Up to Rs. 100 annually | Up to Rs. 1,000 annually | Beyond the powers of Atiyat Dy. Collector up to Rs. 1,000 annually | Beyond the powers of Atiyat Dy. Collector without any limit. | Beyond the powers of Atiyat Collector without any limit | [Substituted by Act No. 28 of 1956.] [Inserted by Act No. 28 of 1956.]

65baac11ab84c7eca86ec4fe

acts

State of Gujarat - Act ------------------------ The Gujarat Medicare Service Persons And Medicare Service Institutions (Prevention Of Violence And Damage Or Loss Of Property) Act, 2012 ------------------------------------------------------------------------------------------------------------------------------------------ GUJARAT India The Gujarat Medicare Service Persons And Medicare Service Institutions (Prevention Of Violence And Damage Or Loss Of Property) Act, 2012 ========================================================================================================================================== Act 13 of 2012 ---------------- * Published in Gazette 13 on 11 April 2012 * Assented to on 11 April 2012 * Commenced on 11 April 2012 The Gujarat Medicare Service Persons And Medicare Service Institutions (Prevention Of Violence And Damage Or Loss Of Property) Act, 2012 [11th April, 2012] [Act No. 13 of 2012] Preamble An Act to prohibit violence against medicare service persons and damage or loss of property in medicare service institutions and for the mutters connected therewith and incidental thereto. WHEREAS the acts of violence of causing injury or danger to life of medicare service persons and damage or loss of property of medicare service institutions have been on increase in the State causing unrest in medicare service persons and professionals resulting in hindrance of such services in the State; AND WHEREAS it has become necessary to prohibit such violence against medicare service persons and prevention of damage or loss of property of medicare service institutions from such violent activities in the public interest; It is hereby enacted in the Sixty­third Year of the Republic of India, as follows:­ ### 1. Short title, extent and commencement (1) This Act may be called the Gujarat Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss of Property) Act, 2012. (2) It extends to the whole of State of Gujarat. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. ### 2. Definitions In this Act, unless the context otherwise requires,­ (a) "damage" means impairment of the usefulness or value of the property or causing harm to such property; (b) "hospital and medical records" means all such documents or records accumulated or maintained by hospital authority or any medical authority ranging from records of historic interest to any acknowledgments; (c) "medicare service institution" means all institutions providing medicare services to people under any recognise system of medicine which are under the control of the State Government, Central Government or local bodies, etc. including any private hospital having facilities for treatment of sick and used for their reception or stay; any private maternity home where women are usually received and accommodated for the purpose of confinement and ante¬natal and post¬natal care in connection with the child birth or anything connected therewith; and any private nursing home used or intended to be used for the reception and accommodation of persons suffering from any sickness, injury or infirmity whether of body or mind, and providing of treatment or nursing or both of them and includes a maternity home or convalescent home or mobile medicare unit; (d) "medicare service persons" in relation to a medicare service institution Shall include,­ (i) Registered Medical Practitioners (including a person having provisional registration) working in a medicare service institution; (ii) Nurses registered under the Gujarat Nurses, Midwives and Health Visitors Act, 1968 (Guj. 24 of 1968); (iii) Auxiliary Nurse and Mid¬wife; (iv) Trained Dai; (v) Medical student; (vi) Nursing student; (vii) para medical staff and other staff or employee directly or indirectly employed by a medicare service institution for providing required services; (e) "medical student" means a student who is undergoing training or studies in medical profession; (f) "mobile medical unit" means an ambulance or any vehicle equipped with medical equipment, used for providing medicare service; (g) "nursing student" means a student who is undergoing training or studies in nursing profession; (h) "offender" means any person who either by himself or as a member or as a leader of a group of persons or organisation commits or attempts to commit or abets or incites the commission of violence under this Act; (i) "para medical staff means a person who assists the medicare service person in providing medicare service; (j) "property" means any property, movable or immovable including tangible or intangible (subject to the provisions of Information Technology Act, 2000) (21 of 2000), or hospital and medical records or medical equipment or medical machinery or any such property as owned by or in possession of, or under the control of any medicare personnel or medicare service institution; (k) "violence" means an act or activity causing harm or which may cause any harm, injury or endangering the life or intimidation, obstruction or hindrance to any medicare service person in discharge of duty in a medicare service institution or patient or causing damage or loss to the property in a medicare service institution. ### 3. Prohibition of violence No person shall indulge in any act of violence against medicare service person or damage or loss to property in a medicare service institution. ### 4. Penalty Any offender who commits any act or attempts to commit or abets or incites the commission of any act of violence in contravention of section 3, shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to fifty thousand rupees or with both. ### 5. Cognizance of offence Any offence committed under this Act shall be cognizable and non­bailabie. ### 6. Liability to pay compensation for damage or loss caused to property (1) In addition to the punishment specified in section 4, the offender shall also be liable to pay compensation, within such time limit as the Court may prescribe, in terms of penalty of twice the market price of such medical equipment damaged and loss caused to the property, as may be determined by the Court. (2) If the offender does not pay the compensation under sub-section (1), the said sum shall be recovered under the provisions of the Gujarat Land Revenue Code, 1879 (Bom. V of 1879) as an arrear of land revenue. ### 7. 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) All rules made under this section shall be laid, for not less than thirty days, before the State Legislature as soon as may be after they are made 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 they are so laid or the session immediately following. (3) Any rescission or modification so made by the State Legislature shall be published in the Official Gazette, and Shall thereupon take effect ### 8. Compounding of offences (1) The Government or any person authorised by the Government by general or special order in this behalf may cither before or after the institution of the proceedings, compound an offence punishable by or under this Act. (2) Where an offence has been compounded, the offender, if in custody shall be discharged find no further proceedings shall be taken against him in respect of the offence compounded. ### 9. Protection of action taken in good faith. No suit, prosecution or other legal proceeding shah lie against the Government or any person or officer authorised by the Government or the Head of a medicare service institution or his authorised representative for anything which is in good faith done or intended to be done under this Act. ### 10. Act not in derogation of any other law The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

65ba8296ab84c7eca86ebcf6

acts

Union of India - Act ---------------------- Service Tax Return Preparer Scheme, 2009 ------------------------------------------ UNION OF INDIA India Service Tax Return Preparer Scheme, 2009 ========================================== Rule SERVICE-TAX-RETURN-PREPARER-SCHEME-2009 of 2009 ------------------------------------------------------ * Published on 3 February 2009 * Commenced on 3 February 2009 Service Tax Return Preparer Scheme, 2009 Published vide Notification Gazette of India, Extra; Part 2, Section 3(i) , dated 3.2.2009 ### 1608. G.S.R. 69(E) , dated 3.2.2009.- In exercise of the powers conferred by sub-section (1) of section 71 of the Finance Act, 1994 (32 of 1994), the Central Board of Excise and Customs hereby frames the following scheme, namely: - ### 1. Short title, commencement and application.- (1) This scheme may be called the Service Tax Return Preparer Scheme, 2009. (2) It shall come into force from the date of its publication in the Official Gazette. (3) Save as otherwise provided in the Scheme, it shall be applicable to all assessees. ### 2. Definitions.- In this Scheme, unless the context otherwise requires,- (a) "Act" means the Finance Act, 1994 (32 of 1994); (b) "Board" means the Central Board of Excise and Customs constituted under the Central Boards of Revenue Act, 1963 ( 54 of 1963 ); (c) "Partner Organisation" means an organisation or agency selected by the Board and with whom an agreement has been entered into by the Board or the Resource Centre authorising it to act as Partner Organisation under this Scheme; (d) "Resource Centre" means the Directorate General of Service Tax or any other Directorate, as the case may be, designated by the Board to act as the Resource Centre under this Scheme; (e) "return" means the return required to be furnished by any person under section 70 of the Service Tax Act; (f) "rules" means the Service Tax Rules, 1994; (g) "Service Tax Return Preparer" means any individual who has been issued a Service Tax Return Preparer Certificate and a unique identification number under clause (9) of paragraph 4 of this Scheme by the Partner Organisation to carry on the profession of preparing the returns of income in accordance with the provisions of said Scheme (h) Words and expressions used herein but not defined and defined in the Act shall have the meanings respectively assigned to them in the Act. ### 3. Educational qualification for Service Tax Return Preparers.- Any individual who has successfully completed education upto senior secondary level, under 10+2 education system, shall be eligible to become a Service Tax Return Preparer. ### 4. Enrollment, training and certification to persons to act as Service Tax Return Preparers.- (1) For the purpose of enrolment, training and certification to a person to act as Service Tax Return Preparer the Partner Organization shall invite applications from- (a) any person who has been issued Tax Return Preparer Certificate under the Tax Return Preparer Scheme, 2006, framed under sub-section (1) of section 139B of the Income-tax Act, 1961 ( 43 of 1961 );or (b) any other Indian citizen having educational qualification referred to in paragraph 3 and desires to act as Service Tax Return Preparer: Provided that a person who is aged more than thirty-five years on the first day of October immediately preceding the day on which applications are invited shall not be eligible to apply; (2) Notwithstanding anything contained in this paragraph, the age restriction shall not apply to any person who has superannuated/retired from the Department of Customs and Central Excise; (3) The person applying to act as Service Tax Return Preparer shall indicate in the application form the preferences for centres where at training may be imparted to him; (4) The Partner Organisation shall, in accordance with the criteria and conditions laid down by the Resource Centre with the prior approval of the Board, carry out the screening of the applications so received and select the persons to appear in a test for their enrollment; (5) The Partner Organisation shall carry out a test, if required, for enrollment of persons who have been selected on screening; (6) The Partner Organisation shall enroll the persons who qualify for enrollment separately for each centre ; (7) The Partner Organisation shall train the persons so enrolled in accordance with the curriculum provided by the Resource Centre; (8) The Partner Organisation shall, after completion of training, conduct an examination of the enrolled persons in accordance with the procedure as laid down by the Resource Centre; (9) The Partner Organisation shall issue a Service Tax Return Preparer Certificate and a unique identification number to the persons who are declared as successful in the examination so conducted; ### 5. Preparation of and furnishing the service tax return by the Service Tax Return Preparer.- (1) Any assessee, may at his option furnish his return after getting it prepared through a Service Tax Return Preparer: Provided that an assessee shall not furnish a revised service tax return under rule 7B of the rules through a Service Tax Return Preparer unless he has furnished the original return through such or any other Service Tax Return Preparer: (2) The Service Tax Return Preparer shall prepare and furnish the return to the Superintendent of Central Excise having jurisdiction over the assessee, or to such other person as may be directed by the Resource Centre with the approval of the Board and hand over the acknowledgement of having furnished the return to the concerned eligible person. ### 6. Duties and obligations of assessee.- An assesee opting to furnish his return under this Scheme shall- (a) give his consent to any Service Tax Return Preparer to prepare and furnish his return; (b) before verifying and signing the return, ensure that the facts mentioned in the return are true and correct; ### 7. Duties and obligations of the Service Tax Return Preparer.- The Service Tax Return Preparer shall- (a) prepare the return with due diligence; (b) affix his signature on the return prepared by him; (c) furnish the return as specified in sub-paragraph (2) of paragraph 5; (d) hand over a copy of the return to the person whose return is prepared and furnished by him; (e) retain a copy of the acknowledgment of having furnished the return; (f) in respect of returns prepared and furnished by him maintain record of the following, namely:- (i) the name of assessees whose returns have been prepared and furnished by him during that month; (ii) the Service Tax Code(STC) number and premises code of such assessees; (iii) period for which return is filed; (iv) date of furnishing the return; (v) authority with whom return is filed; (vi) amount of tax payable; (vii) amount of tax paid; (viii) the fee charged and received by him (g) furnish a statement of particulars mentioned in item (vi) for every month on or before the seventh day of the immediately following month to the Resource Centre. ### 8. Selection and responsibilities of the Partner Organisation.- (1) The Board shall select a Partner Organisation to partner with the Resource Centre for implementation of the Scheme (2) The Partner Organisation shall function under the overall guidance and control of the Resource Centre and follow the instructions issued to it by the Resource Centre from time to time about implementation of the scheme. (3) The Partner Organisation shall be responsible to carry out the activities which it is required to carry out under paragraph 4 of this Scheme. (4) The Partner Organisation shall maintain the profile of the Service Tax Return Preparers during their training and monitor their performance as Service Tax Return Preparers. (5) The Partner Organisation shall perform its functions to the satisfaction of the Resource Centre. (6) The Board may, on the recommendation of the Resource Centre, terminate the agreement with the Partner Organisation and may - (a) enter into an agreement with any other Partner Organisation; or (b) assign its functions to the Resource Centre, if in its opinion, the Partner Organisation has failed to perform its functions properly. ### 9. Incentive to Service Tax Return Preparers.- An assessee shall pay a fee as may be mutually agreed upon between an assessee and the Service Tax Return Preparer. The Board recommends , as a yardstick, a fee of rupees one thousand rupees per return prepared by the Service Tax Return Preparer. ### 10. Maintenance of particulars relating to Service Tax Return Preparers.- (1) The Resource Centre shall, in relation to each Service Tax Return Preparer, shall itself maintain the particulars, or direct the Partner Organisation to maintain such particulars, which may be necessary to assess his performance. (2) The Resource Centre may issue instructions to the Service Tax Return Preparers from time to time. ### 11. Withdrawal of certificate given to the Service Tax Return Preparer.- (1) The Resource Centre may warn a Service Tax Return Preparer for the deficiencies in his work and his misconduct, and may proceed for cancellation of his certificate in any one or more of the following circumstances, namely,- (i) if he fails to give a copy of the return to the assessee; (ii) if he prepares a return but fails to affix his signature thereon; (iii) if he fails to furnish his name and unique identification number in the return prepared by him; (iv) if he fails to enter any information made available to him by the assessee, correctly in the return prepared by him; (v) if he makes repeated mistakes relating to computation of income in the returns prepared by him; (vi) if he is engaged in any financial irregularity, forgery or fraud; (vii) if he willfully attempts to furnish incorrect information in return (viii) if he is involved in any other irregularity which, in the opinion of the Chief Commissioner or the Commissioner of Central Excise, is grave in nature; (ix) if he fails to comply with the directions issued by the Resource Centre from time to time; (x) if he fails to upgrade his skills as required by the Resource Centre from time to time. (2) A Service Tax Return Preparer may continue to act as such, unless- (i) the Certificate issued to him under this Scheme is suspended or withdrawn by the Resource Centre; or (ii) this Scheme is withdrawn by the Board. ### 12. Responsibilities and functions of the Resource Centre.- (1) The Resource Centre shall be responsible for day to day administration of the Scheme. (2) The functions of the Resource Centre shall include- (i) to specify, with prior approval of the Board, (a) the number of persons to be enrolled during a financial year for training to act as Service Tax Return Preparers; (b) the number of centres for training and their location where at training to be imparted during a financial year; (c) the number of persons to be trained at each centre for training during a financial year; (ii) to specify the curriculum and all other matters relating to the training of Service Tax Return Preparers; (iii) maintain the particulars relating to the Service Tax Return Preparers as required in paragraph 10 of this Scheme; (iv) any other function which is assigned to it by the Board for the purposes of implementation of the Scheme.

65bab651ab84c7eca86ec61a

acts

NCT Delhi - Act ----------------- Delhi Higher Judicial Service (Amendment) Rules, 2019 ------------------------------------------------------- DELHI India Delhi Higher Judicial Service (Amendment) Rules, 2019 ======================================================= Rule NO-F-6-20-2018-JUDL-SUPTLAW-147-151- of 2019 --------------------------------------------------- * Published in Delhi Gazette on 25 January 2019 * Commenced on 25 January 2019 In exercise of the powers conferred by the proviso to article 309 of the Constitution read with Government of India , Ministry of Home Affairs Notification No. F . 1 /2 /70/DH ( S ) dated the 29th May , 1970 as amended by Notification No. F . 1/ 2 /70 -DH (S ) dated 25th July , 1970 and all other powers enabling him in this behalf , the Lieutenant Governor of National Capital Territory of Delhi in consultation with the High Court of Delhi is pleased to make the following rules further to amend the Delhi Higher Judicial Service Rules, 1970 , namely : 1. Short title and commencement. - ( 1) These rules may be called the Delhi Higher Judicial Service (Amendment) Rules , 2019 . They shall come into force on the date of their publication in the official Gazette . 2 . Amendment of rule 9 ( 3) . - In the Delhi Higher Judicial Service Rules 1970 , for sub rule ( 3 ) of rule 9 , the following shall be substituted , namely : - “ ( 3 ) must have not attained the age of 45 years on the 1st day of January of the year in which the applications for appointment are invited .” By Order and in the Name of the Lt. Governor of the National Capital Territory of Delhi, ANOOP KUMAR MENDIRATTA , Principal Secy .

65baca45ab84c7eca86ec863

acts

State of Jammu-Kashmir - Act ------------------------------ Jammu and Kashmir Kerosene Oil (Licensing) Order, 2016 -------------------------------------------------------- JAMMU & KASHMIR India Jammu and Kashmir Kerosene Oil (Licensing) Order, 2016 ======================================================== Rule JAMMU-AND-KASHMIR-KEROSENE-OIL-LICENSING-ORDER-2016 of 2016 ------------------------------------------------------------------ * Published on 5 October 1968 * Commenced on 5 October 1968 Jammu and Kashmir Kerosene Oil (Licensing) Order, 2016 Published vide Notification No. SRO-285, Srinagar, dated 2nd of September, 2016 SRO-285. - Whereas, the Government of Jammu and Kashmir is of the opinion that it is necessary and expedient so to do so for maintaining supplies and securing availability of kerosene oil. Now, therefore, in exercise of the powers conferred by section 3 of the Essential Commodities Act, 1955 (10 of 1955) read with Government of India, Ministry of Commerce Order No. S.O. 2515 dated 05-10-1968, the Government of Jammu and Kashmir, hereby makes the following order, namely :- ### 1. Short title and commencement. (1) This order may be called the Jammu and Kashmir Kerosene Oil (Licensing) Order, 2016. (2) It extends to the whole of the State. (3) It shall come into force from the date of issuance. ### 2. Definitions. - In this order, unless the context otherwise requires,- (a) "Dealer" means a person who is engaged in the business of supplying kerosene oil whether or not in conjuction with any other business to a retail dealer ; (b) "Declared Price" in relation to a variety of kerosene oil supplied in any area means the maximum price declared in accordance with the provisions of clause 3 of the Kerosene (Fixation of Ceiling Prices) Order, 1970, by the Director, Food, Civil Supplies and Consumer Affairs ; (c) "Form" means a form appended to this order ; (d) "Kerosene Oil" shall have the same meaning as assigned to it in item No. 7 of the First Schedule to the Central Excise and Salt Act, 1994 (1 of 1944) ; (e) "Licensing Authority" means the Government or an officer appointed by the Government to exercise the powers and perform the duties of Licensing Authority under the provisions of this order ; (f) "Retail dealer" means a person carrying on retail business of supplying kerosene oil to consumers ; (g) "Stockist" means a person carrying on wholesale business of supplying kerosene oil whether or not in conjunction with any other business to a dealer and includes- (i) his representative or agent ; and (ii) an oil company making wholesale supply from its storage or selling point. ### 3. Licensing of stockists, dealers and retail dealers. - (i) No stockists, dealers and retail dealers shall obtain and store for supply kerosene oil except under and in accordance with the provisions of this order and the terms and conditions of the license issued to him in this behalf by the Licensing Authority. (ii) Every person who is engaged in the business as a stockists, dealers and retail dealers at the commencement of this order shall apply to the Licensing Authority for the grant of license within thirty days of the commencement of this order. (iii) On receipt of the application under sub-clause (2) the Licensing Authority may, after giving the applicant an opportunity of being heard, for sufficient reasons to be recorded in writing, refuse to grant or renew a license. ### 4. Issue of license. - (i) Every application for a license or renewal thereof shall be made to the License Authority. (ii) An application for renewal of a license shall be made so as to reach the Licensing Authority, not less than thirty days before the date on which license expired : Provided that the Licensing Authority may entertain an application after the expiry of the said period of thirty days if it is satisfied that the applicant was prevented by sufficient cause from filing the application in time. (iii) Every license shall be issued in Form "A" and shall be subject to the conditions mentioned therein and such other condition as the Licensing Authority may prescribe from time to time. (iv) If a license granted under this order is defaced, lost or destroyed the stockist, dealer and retail dealer shall forthwith inform the Licensing Authority, who may, on application by the licensing, issue a duplicate license. (v) A separate license shall be obtained by a retail dealer for each place of business. The license granted under this order, unless previously suspended or cancelled, shall continue up to 31st March of following year but shall be renewable annually on an application by a licensee to the Licensing Authority which shall be made before the expiry of the validity period of license accompanied by the renewal fee. (vi) All the wholesale dealers of kerosene oil must have the storage capacity i.e. underground storage tanks having explosive license. (vii) A storage tank shall be away from populated area and shall have the access fire and emergency vehicles. The wholesale dealer must have fire-fighting equipments available at the Superior Kerosene Oil storing place. ### 5. Eligibility for holding of Kerosene Oil License. (1) New kerosene oil retail dealer shall have the qualification of 10+2 and shall be below 40 year of age. However, the person belonging to SC/ST/RBA category can apply for retail dealership if he/she is matric pass. (2) One person shall hold only one Superior Kerosene Oil Dealership with the condition that no one from his/her blood relationship has any retail or Wholesale Kerosene Oil Dealership License. The person holding license of retail/wholesale dealership shall not be involved in any other petroleum product business. No relative of Food, Civil Supplies and Consumer Affairs employees shall issued Kerosene Oil Dealership License. (3) Depending upon the proportion of population and quantum of kerosene oil, the Assistant Directors of Department of Food, Civil Supplies and Consumer Affairs will send comprehensive proposal for opening of new Kerosene Oil Retail Dealerships. (4) The authority for grant of Kerosene Oil Retail Dealership License shall be with Administrative Department of Food, Civil Supplies and Consumer Affairs on the recommendations of Assistant Director concerned through concerned Directors. However, authority of renewal of license shall with Assistant Directors concerned. (5) The authority of transferring of license shall be Administrative Department on the recommendations of Directors whatever feasible. (6) The retail kerosene oil dealer should have adequate storage capacity of with all safety measures. ### 6. Rationalization of distribution of kerosene oil. (1) The allocation of Superior Kerosene Oil to Wholesale Dealers will be made as per the existing norms, however, if there is surplus kerosene oil with Wholesale Kerosene Oil Dealer he can be asked to distribute the kerosene oil in adjoining area/district. (2) All beneficiaries in Priority House Holders category under National Food Security Act will be provided subsidized kerosene oil at the scale of 3 litres per family per month and the remaining quota of kerosene oil will be equitably distributed among the Non-Priority House Holders category beneficiaries not having LPG connection. (3) The quota of kerosene oil will be released only after GPRS is installed in the tankers transporting the kerosene oil in adjoining area/district. (4) A monitoring cell to track the movement of tankers transporting kerosene oil will be established in both the Directorates of Department of Food, Civil Supplies and Consumer Affairs, Jammu/Kashmir. The monitoring cell will track the movement of tankers on their respective divisions. (5) Assistant Directors of Department of Food, Civil Supplies and Consumer Affairs will verify the actual beneficiaries using the kerosene oil for bona fide purpose of cooking and illumination. They may ask the Administrative Department for reallocation of kerosene oil on the basis of actual requirement of kerosene oil in the district. The Assistant Directors may also take into account the beneficiaries voluntarily giving up subsidized kerosene oil while asking the reallocation. (6) The copy of every kerosene oil release order shall be sent to Deputy Commissioners, District SSPs for monitoring the distribution of kerosene oil. (7) The quota shall be allocated to wholesale dealer only who fulfill the required conditions as per the SRO and can be stopped at any point of time for non-fulfillment of conditions laid. (8) The colour of the tanker transporting Superior Kerosene Oil shall be as prescribed by Oil Marketing Companies, highlighting the name of the Wholesale Dealer, Telephone Number of the Dealer, Telephone Number of the Director, Food, Civil Supplies and Consumer Affairs and SSP concerned and the words "Kerosene Oil" shall be written on the body of the tanker boldly. ### 7. Fee chargeable. - The fee specified below shall be chargeable in respect of each license, namely :- | | | | | --- | --- | --- | | (a) | for grant or renewal of license to a stockist | Rs. 10,000/3,000 resp. | | (b) | for grant or renewal of license to a retail dealer | Rs. 3,000/1,000 | | (c) | for issue of a duplicate license | Rs. 1,000/- | ### 8. Deposit of security. - Every person who applies for license under this order shall deposit the security with the Licensing Authority at the following rates :- | | | | | --- | --- | --- | | (a) | for grant of license to stockist | Rs. 10,000/- | | (b) | for grant of license to a retail dealer | Rs. 3,000/- | ### 9. Contravention of the terms and conditions of license or directions. - No stockist, dealers and retail dealers shall contravene any of the terms or conditions of the license or the directions issued under clause 15 or any provisions of this order and, if any, stockist, dealers and retail dealers contravenes any of the said terms, conditions or any provision of this order, then without prejudice to any other action that may be taken against the license his license may be cancelled or suspended by order in writing by the Licensing Authority : Provided that no order shall be made under this clause unless the stockist, dealers and retail dealers, as the case may be, has been given a reasonable opportunity of stating his case and of being heard against the proposed cancellation or suspension of the license. ### 10. Maintenance of accounts. - Every stockist, dealer and retail dealer shall maintain a complete account of stock of the daily receipts and disposal of kerosene oil separately and keep it up-to-date and make it available for inspection at the place of his business, along with such other information as he may be required to furnish by the Licensing Authority or such other officers as may be appointed by the Government in this behalf. ### 11. Display of stock position. - Every stockist, dealer and retail dealer shall display at a conspicuous place of his business premises, the opening balance and price of kerosene oil in stock before the commencement of business every day. ### 12. Forfeitue of security deposit. - (i) Without prejudice to the provisions of this order, if the Licensing Authority is satisfied that the stockists, dealers and retail dealers has contravened any of the provisions of this order or any of the terms and conditions of the license or the directions and the forfeiture of his security deposit is called for, it may, after giving the stockists, dealers and retail dealers a reasonable opportunity of stating his case against the proposed forfeiture, by an order in writing, forfeit the whole or a part of the security deposited by him and shall forward a copy of the order to the stockist, dealer and retail dealer. (ii) The stockist, dealer and retail dealer shall, if the amount of his security deposit at any time, falls short of the amount specified in clause 8 forthwith deposit further security to make up that amount on being required by the Licensing Authority to do so. ### 13. Appeal. - Any person aggrieved by the order of the Licensing Authority refusing to grant or renewal license or cancellation or suspending his license, or forfeiting the security deposited by him may within thirty days from the date of the receipt of a copy of the order prefer an appeal in writing before the Director, Food, Civil Supplies and Consumer Affairs, Jammu/Kashmir or any other officer as may be appointed by the Government in this behalf, whose decision thereon shall be final. ### 14. Restriction on purchase or sale of kerosene oil. - (i) The stockist shall supply or cause to be supplied kerosene oil to any person other than a licensed dealer. (ii) No dealer shall obtain or cause to be obtained kerosene oil from any person other than a stockist. (iii) No dealer shall supply or cause to be supplied kerosene oil to any other person other than a retail dealer. (iv) No retail dealer shall obtain or cause to be obtained kerosene oil from any other person other than a dealer. ### 15. Power to call for information. - Every stockist, dealer and retail dealer shall, when so required by general or special directions by the Licensing Authority, furnish truthfully and to the best of his knowledge such particulars of information relating to kerosene in such manner as may be required. ### 16. Exemption. - Nothing in this order shall apply to purchases and storage of kerosene oil on Government account. ### 17. Powers of entry, search, seizure etc. (1) The Licensing Authority or any other officer authorized by the Government in this behalf, with such assistance, if any, as he thinks fit- (a) require the owner, occupier or any other person incharge of any place, premises, vehicles, boat or any other conveyance in which he has reason to believe that any contravention of the provisions of this order or of the conditions of any license issued thereunder has been, is being or is about to be committed, to produce any books or accounts or other information ; (b) enter, inspect or break open and search any place or premises, vehicle, boat or any other conveyance in which he has reason to believe that any contravention of the provisions of this order or of the conditions of any license issued thereunder, has been, is being or is about to be committed ; (c) take or cause to be taken extracts from or copies of any documents showing transactions relating to such contraventions and return the same to the person from whom they were seized ; (d) search, seize and remove any stocks of kerosene oil and the animals, vehicles, boats or other conveyance used in carrying kerosene oil in contravention of the provisions of this order, or of the conditions of the license issued thereunder and thereafter take or authorize the taking of all measures necessary for securing the production of stocks of kerosene oil and the animals, vehicles, boats or other conveyance so seized in a court and for their safe custody pending such production. (2) The provisions of sections 102 and 103 of the Code of Criminal Procedure, Samvat 1989, relating to searches and seizures shall, mutatis mutandi apply to search and seizure under this clause. ### 18. Power to issue instructions. - The Licensing Authority may from time to time issue such instructions, not inconsistence with this order, as it may consider necessary for purpose of implementing the provisions of this order. ### 19. Power to relax. - The Government may relax any of the conditions mentioned above, if it deems fit and in the interest of public at large. ### 20. Repeal and savings. - The Jammu and Kashmir Kerosene Oil (Licensing) Order, 1974 and other orders on the subject are hereby repealed. Government of Jammu and Kashmir, Civil Secretariat–department of Food, Civil Supplies and Consumer Affairs, J&K, Jammu/srinagar. | | | | | --- | --- | --- | | | Form "A" | | | (See Clause............) | License for purchase, supply, store of kerosene oil as Retail Dealer. License No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ ### 1. Subject to the provision of Jammu and Kashmir K. Oil (Licensing) Order 2016 and the terms and conditions as specified below :- \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ is hereby authorized to supply or store kerosene oil for period of one year commencing from............................. ### 2. The license is granted for ......................RTs and the license shall carry business in K. Oil at the following premises only : - For \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Non-refund license fee of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Issued in terms of SRO.......date....... of SRO......of 2016. Place \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Signature of Licensing Authority Terms and Conditions ### 1. The license is subject to the production of No Objection Fire Certificate from the Fire and Emergency Service Department and in case of inaccessible and far-flung areas, the Executive Magistrate ensuring observance of the Fire Safety requirements to the Assistant Director concerned operationalising the license. ### 2. That licensee shall maintain daily Sale Register of kerosene oil indicating the following :- (a) the opening balance on each day ; (b) the source from where K. Oil is received mentioning quantity ; (c) the quantities delivered/issued during the day ; and (d) the closing balance on each day. ### 3. The licensee shall complete his accounts on daily basis and keep it ready for inspection by the authorities. ### 4. The licensee shall not- (a) Enter into any transaction for obtaining supplying or stocking other kerosene oil except under the license issued under the Jammu and Kashmir Kerosene Oil Licensing Order 2016. (b) Withhold for supplying stock of kerosene oil kept for supply as per the scale as ordered by the Department of Food, Civil Supplies and Consumer Affairs, J&K from time to time. ### 5. The licensee shall furnish such returns and maintain such books, accounts and other records relating to receipt and retail scale of kerosene oil by him, as the Licensing Authority or authorized representative in the Department of Food, Civil Supplies and Consumer Affairs may direct from time to time inspections. ### 6. The licensee shall observe and carry out such instructions, as may be time to time given by the Licensing Authority. ### 7. Contravention of any condition of the license are instructions issued by the Licensing Authority, his license liable to be cancelled or suspended without prejudice to any other action that be taken against him. ### 8. The license shall be bound to allow the Competent Authority to inspect his stock his sample of kerosene oil for analysis. ### 9. That there is no legal impediment and the applicant is not a depot holder, or his/her name relative a depot holder or whose license has been cancelled/suspended. ### 10. The licensee shall submit to the Director, Food, Civil Supplies and Consumer Affairs, a return on Form-C of stocks, receipts retail sale of kerosene oil to different RT holders. ### 11. The licensee shall receive supply of K. Oil only after completing all the formalities required him/her as per the Government instructions issued from time to time. ### 12. Any violations of these conditions shall entail action including suspension/cancellation of license. ### 13. The licensee shall be bound to fill up the counterfoil of the ration cards indicating the quota of K. Oil and amount charged falling, which the license shall be liable to suspended/cancelled. ### 14. The licensee shall be bound to display the rate and scale of K. Oil to be supplied to RT holder at conspicuous places of his/her outlet. ### 15. In the event of license holder getting job he/she should deposit his/her license with Licensing Authority .

65ba74a6ab84c7eca86eb6c7

acts

Union of India - Act ---------------------- The Chartered Accountants (Nomination Of Members Of The Council) Rules, 2006 ------------------------------------------------------------------------------ UNION OF INDIA India The Chartered Accountants (Nomination Of Members Of The Council) Rules, 2006 ============================================================================== Rule THE-CHARTERED-ACCOUNTANTS-NOMINATION-OF-MEMBERS-OF-THE-COUNCIL-RULES-2006 of 2006 ---------------------------------------------------------------------------------------- * Published on 19 August 2006 * Commenced on 19 August 2006 The Chartered Accountants (Nomination Of Members Of The Council) Rules, 2006 Published vide Notification in the Gazette of India, Extraordinary, Part 2, Section 3(i) , No. 381, dated 19.8.2006 ### 1690. No. G.S.R. 490(E) , dated August 18, 2006.- In exercise of the powers conferred by clause (a) of sub-section (2) of Section 29-A of, read with sub-section (2) of, the Chartered Accountants Act, 1949 ( 38 of 1949 ), the Central Government hereby makes the following rules, namely: ### 1. Short title and commencement.- (1) These Rules may be called the Chartered Accountants (Nomination of Members to the Council) Rules, 2006. (2) They shall come into force on the date of their publication in the Official Gazette. ### 2. Definitions.- (1) In these Rules, unless the context otherwise requires, "Act" means the Chartered Accountants Act, 1949: (2) All other words and expressions used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act. ### 3. Field of consideration for nominations.- The Central Government shall make nominations to the Council under clause (b) of sub-section (2) of Section 9 of the Act from amongst (a) persons who are holding a position in Government of India not below the rank of a director, or (b) persons of eminence from the fields of law, banking, economics, business, finance, industry, management, public affairs or in any other matter which in the opinion of the Central Government may be useful for the profession of Chartered Accountants: Provided that the persons so nominated should not be a member of the Institution. Explanation.- For the purpose of this rule, "holding position under Government of India" shall also include a person holding position under the Comptroller and Auditor General of India, Reserve Bank of India or any other organisation under the control of Government of India.

65b99363ab84c7eca86e960d

acts

State of Meghalaya - Act -------------------------- The Court-Fees (Meghalaya Second Amendment) Act, 1972 ------------------------------------------------------- MEGHALAYA India The Court-Fees (Meghalaya Second Amendment) Act, 1972 ======================================================= Act 5 of 1972 --------------- * Published on 25 January 1973 * Commenced on 25 January 1973 The Court-Fees (Meghalaya Second Amendment) Act, 1972 Meghalaya Act 5 of 1972 Last Updated 19th February, 2020 Received the assent of the Governor on the Twenty-second January, 1973. Published in the Gazette of Meghalaya, Extraordinary, dated 25th January, 1973. An Act further to amend the Court-Fees Act, 1870 in its application to Meghalaya. 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 Court-Fees (Meghalaya Second Amendment) Act, 1972. (2) It extends to Meghalaya with such exceptions or modifications as are in force. (3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint. ### 2. Amendment of Schedule I of Act 7 of 1870. - In Schedule I to the Court Fees Act, 1870 (hereinafter called the principal Act),- (1) for Article 1, the following shall be substituted, namely:- | | | | | | | --- | --- | --- | --- | --- | | | Number | | | Proper fee | | | (1) | (2) | | (3) | | "I. | Plaint, written statement pleading a set-off or counter-claim or memorandum of appeal (not otherwise provided for in this Act, or of cross-objection presented to any Civil or Revenue Court except those mentioned in Section 3 | When the amount or value of the subject-matter in dispute does not exceed one hundred rupees, for every five rupees or part thereof of such amount or value. | | Fifty-five paise | | | | and | | | | | | When such amount or value exceeds one hundred rupees, for every ten rupees or part thereof, in excess of one hundred rupees up to one hundred and fifty rupees | | One rupees and ninety-five paise. | | | | and | | | | | | When such amount or value exceeds one hundred and fifty rupees, for every ten rupees, or part thereof up to one hundred rupees | | One rupees and forty paise. | | | | and | | | | | | When such amount or value exceeds one thousand rupees, for every one hundred rupees, or part thereof in excess of one thousand rupees up to seven thousand five hundred rupees | | Eight rupees and twenty-five paise | | | | and | | | | | | When such amount or value exceeds seven thousand five hundred rupees, for every two hundred and fifty rupees, or part thereof, in excess of seven thousand five hundred rupees up to ten thousand rupees | | Sixteen rupees and fifty paise | | | | and | | | | | | When such amount or value exceeds ten thousand rupees, for every five hundred rupees, or part thereof, in excess of ten thousand rupees, up to twenty thousand rupees | | Twenty-four rupees and seventy-five paise | | | | and | | | | | | When such amount or value exceeds, twenty thousand rupees, for every one thousand rupees, or part thereof, in excess of twenty thousand rupees up to fifty thousand rupees | | Thirty-three rupees | | | | and | | | | | | When such amount or value exceeds fifty thousand rupees, for every five thousand rupees, or part thereof in excess of fifty thousand rupees: | | Forty-one rupees and twenty-five paise | | | | Provided that maximum fee leviable on a plaint or memorandum of appeal shall not exceed eleven thousand rupees". | | | (2) for Articles 6, 7, 8 and 9 the following shall be substituted, namely :- | | | | | | | | --- | --- | --- | --- | --- | --- | | "6. | Copy or translation of a judgment or order not being or having the force of a decree | | When such judgment or order is passed by any Civil Court other than High Court, or by the Presiding Officer of any Revenue Court or officer or by any other Judicial or Executive Authority: | | | | | | | (a) if the amount or value of the subject-matter is fifty or less than fifty rupees | | One rupee and ten paise | | | | | (b) if such amount or value exceeds fifty rupees | | Two rupees and twenty paise | | | | | (c) when such judgment or order is passed by a High Court | | Four rupees and forty paise | | 7. | Copy of a decree or order having the force of a decree | | When such decree or order is made by any Civil Court other than a High, Court, or by any Revenue Court- | | | | | | | (a) if the amount or value of the subject-matter of the suit wherein such decree or order is made is fifty or less than fifty rupees | | Two rupees and twenty paise | | | | | (b) if such amount or value exceeds fifty rupees | | Three rupees and thirty paise | | | | | (c) when such decree or order is made by High Court | | Eight rupees and twenty-five paise | | 8. | Copy of any document liable to stamp-duty under the Indian Stamp Act, 1899 (Act 2 of 1899), when left by any party to a suit or proceeding in place of the original withdrawn | | (a) when the stamp-duty chargeable on the original does not exceed one rupee | | The amount of the duty chargeable on the original. | | | | | (b) in any other case | | One rupee and twenty paise. | | 9. | Copy of any revenue or judicial proceeding or order not otherwise provided for by this Act, or copy of any account, statement, report or the like, taken out of any Civil or Criminal or Revenue Court or office or from the office of any Chief Officer charged with the executive administration of Division. | | For every three hundred and sixty words or fraction of three hundred and sixty words | | One rupee and twenty-paise". | (3) the table of rates of ad valorem fees leviable on the institution of suits at the end shall be substituted by the following:- The Schedule Table of rates of ad valorem fees leviable on the institution of suits | | | | | --- | --- | --- | | When the amount or value of the subject-matter exceeds | But does not exceed | Proper fee | | (1) | (2) | (3) | | Rs. | Rs. | Rs. Np. | | ... | 5 | 0.55 | | 5 | 10 | 1.10 | | 10 | 15 | 1.65 | | 15 | 20 | 2.20 | | 20 | 25 | 2.75 | | 25 | 30 | 3.30 | | 30 | 35 | 3.85 | | 35 | 40 | 4.40 | | 40 | 45 | 4.95 | | 45 | 50 | 5.50 | | 50 | 55 | 6.05 | | 55 | 60 | 6.60 | | 60 | 65 | 7.15 | | 65 | 70 | 7.70 | | 70 | 75 | 8.25 | | 75 | 80 | 8.80 | | 80 | 85 | 9.35 | | 85 | 90 | 9.90 | | 90 | 95 | 10.45 | | 95 | 100 | 11.00 | | 100 | 110 | 12.95 | | 110 | 120 | 14.85 | | 120 | 130 | 16.80 | | 130 | 140 | 18.70 | | 140 | 150 | 20.65 | | 150 | 160 | 21.25 | | 160 | 170 | 23.30 | | 170 | 180 | 24.60 | | 180 | 190 | 25.90 | | 190 | 200 | 27.25 | | 200 | 210 | 28.55 | | 210 | 220 | 29.90 | | 220 | 230 | 31.20 | | 230 | 240 | 32.50 | | 240 | 250 | 33.85 | | 250 | 260 | 35.15 | | 260 | 270 | 36.50 | | 270 | 280 | 37.80 | | 280 | 290 | 39.15 | | 290 | 300 | 40.45 | | 300 | 310 | 41.75 | | 310 | 320 | 43.10 | | 320 | 330 | 44.40 | | 330 | 340 | 45.75 | | 340 | 350 | 47.05 | | 350 | 360 | 48.35 | | 360 | 370 | 49.70 | | 370 | 380 | 51.00 | | 380 | 390 | 52.35 | | 390 | 400 | 53.65 | | 400 | 410 | 54.95 | | 410 | 420 | 56.30 | | 420 | 430 | 57.60 | | 430 | 440 | 58.95 | | 440 | 450 | 60.25 | | 450 | 460 | 61.55 | | 460 | 470 | 62.90 | | 470 | 480 | 64.20 | | 480 | 490 | 65.55 | | 490 | 500 | 66.85 | | 500 | 510 | 68.15 | | 510 | 520 | 69.50 | | 520 | 530 | 70.80 | | 530 | 540 | 72.15 | | 540 | 550 | 73.45 | | 550 | 560 | 74.75 | | 560 | 570 | 76.10 | | 570 | 580 | 77.40 | | 580 | 590 | 78.75 | | 590 | 600 | 80.05 | | 600 | 610 | 81.35 | | 610 | 620 | 82.70 | | 620 | 630 | 84.00 | | 630 | 640 | 85.35 | | 640 | 650 | 86.65 | | 650 | 660 | 87.95 | | 660 | 670 | 89.30 | | 670 | 680 | 90.60 | | 680 | 690 | 91.95 | | 690 | 700 | 93.25 | | 700 | 710 | 94.55 | | 710 | 720 | 95.90 | | 720 | 730 | 97.20 | | 730 | 740 | 98.55 | | 740 | 750 | 99.85 | | 750 | 760 | 101.15 | | 760 | 770 | 102.50 | | 770 | 780 | 103.80 | | 780 | 790 | 105.15 | | 790 | 800 | 106.45 | | 800 | 810 | 107.75 | | 810 | 820 | 109.10 | | 820 | 830 | 110.40 | | 830 | 840 | 111.75 | | 840 | 850 | 113.05 | | 850 | 860 | 114.35 | | 860 | 870 | 115.70 | | 870 | 880 | 117.00 | | 880 | 890 | 118.35 | | 890 | 900 | 119.65 | | 900 | 910 | 120.95 | | 910 | 920 | 122.30 | | 920 | 930 | 123.60 | | 930 | 940 | 124.95 | | 940 | 950 | 126.25 | | 950 | 960 | 127.55 | | 960 | 970 | 128.90 | | 970 | 980 | 130.20 | | 980 | 990 | 131.50 | | 990 | 1,000 | 132.85 | | 1,000 | 1,100 | 141.40 | | 1,100 | 1,200 | 142.35 | | 1,200 | 1,300 | 157.60 | | 1,300 | 1,400 | 165.85 | | 1,400 | 1,500 | 174.10 | | 1,500 | 1,600 | 182.35 | | 1,600 | 1,700 | 190.60 | | 1,700 | 1,800 | 191.85 | | 1,800 | 1,900 | 207.10 | | 1,900 | 2,000 | 215.35 | | 2,000 | 2,100 | 223.60 | | 2,100 | 2,200 | 231.85 | | 2,200 | 2,300 | 240.10 | | 2,300 | 2,400 | 248.35 | | 2,400 | 2,500 | 256.60 | | 2,500 | 2,600 | 264.85 | | 2,600 | 2,700 | 273.10 | | 2,700 | 2,800 | 281.35 | | 2,800 | 2,900 | 289.60 | | 2,900 | 3,000 | 297.85 | | 3,000 | 3,100 | 306.10 | | 3,100 | 3,200 | 314.35 | | 3,200 | 3,300 | 322.60 | | 3,300 | 3,400 | 330.85 | | 3,400 | 3,500 | 339.10 | | 3,500 | 3,600 | 347.35 | | 3,600 | 3,700 | 355.60 | | 3,700 | 3,800 | 363.85 | | 3,800 | 3,900 | 372.10 | | 3,900 | 4,000 | 380.35 | | 4,000 | 4,100 | 388.60 | | 4,100 | 4,200 | 369.85 | | 4,200 | 4,300 | 405.10 | | 4,300 | 4,400 | 413.35 | | 4,400 | 4,500 | 421.60 | | 4,500 | 4,600 | 429.85 | | 4,600 | 4,700 | 438.10 | | 4,700 | 4,800 | 446.35 | | 4,800 | 4,900 | 454.60 | | 4,900 | 5,000 | 462.85 | | 5,000 | 5,100 | 471.10 | | 5,100 | 5,200 | 479.35 | | 5,200 | 5,300 | 487.60 | | 5,300 | 5,400 | 495.85 | | 5,400 | 5,500 | 504.10 | | 5,500 | 5,600 | 512.35 | | 5,600 | 5,700 | 520.60 | | 5,700 | 5,800 | 528.80 | | 5,800 | 5,900 | 537.10 | | 5,900 | 6,000 | 545.35 | | 6,000 | 6,100 | 553.60 | | 6,100 | 6,200 | 561.85 | | 6,200 | 6,300 | 570.10 | | 6,300 | 6,400 | 578.35 | | 6,400 | 6,500 | 586.60 | | 6,500 | 6,600 | 594.85 | | 6,600 | 6,700 | 603.10 | | 6,700 | 6,800 | 611.35 | | 6,800 | 6,900 | 619.60 | | 6,900 | 7,000 | 627.85 | | 7,000 | 7,100 | 636.10 | | 7,100 | 7,200 | 644.35 | | 7,200 | 7,300 | 652.60 | | 7,300 | 7,400 | 660.85 | | 7,400 | 7,500 | 669.10 | | 7,500 | 7,750 | 685.60 | | 7,750 | 8,000 | 702.10 | | 8,000 | 8,250 | 718.60 | | 8,250 | 8,500 | 735.10 | | 8,500 | 8,750 | 751.60 | | 8,750 | 9,000 | 768.10 | | 9,000 | 9,250 | 784.60 | | 9,250 | 9,500 | 801.10 | | 9,500 | 9,750 | 817.60 | | 9,750 | 10,000 | 834.10 | | 10,000 | 10,500 | 858.85 | | 10,500 | 11,000 | 882.60 | | 11,000 | 11,500 | 908.35 | | 11,500 | 12,000 | 933.10 | | 12,000 | 12,500 | 957.85 | | 12,500 | 13,000 | 982.60 | | 13,000 | 13,500 | 1,007.35 | | 13,500 | 14,000 | 1,032.10 | | 14,000 | 14,500 | 1,056.85 | | 14,500 | 15,000 | 1,081.60 | | 15,000 | 15,500 | 1.106.35 | | 15,500 | 16,000 | 1,131.10 | | 16,000 | 16,500 | 1,155.85 | | 16,500 | 17,000 | 1,180.60 | | 17,000 | 17,500 | 1,205.35 | | 17,500 | 18,000 | 1,230.10 | | 18,000 | 18,500 | 1,254.40 | | 18,500 | 19,000 | 1,279.60 | | 19,000 | 19,500 | 1,304.35 | | 19,500 | 20,000 | 1,329.10 | | 20,000 | 21,000 | 1,356.10 | | 21,000 | 22,000 | 1,395.10 | | 22,000 | 23,000 | 1,428.10 | | 23,000 | 24,000 | 1,461.10 | | 24,000 | 25,000 | 1,494.10 | | 25,000 | 26,000 | 1,527.10 | | 26,000 | 27,000 | 1,560.10 | | 27,000 | 28,000 | 1,593.10 | | 28,000 | 29,000 | 1,626.10 | | 29,000 | 30,000 | 1,659.10 | | 30,000 | 31,000 | 1,692.10 | | 31,000 | 32,000 | 1,725.10 | | 32,000 | 33,000 | 1,758.10 | | 33,000 | 34,000 | 1,791.10 | | 34,000 | 35,000 | 1,824.10 | | 35,000 | 36,000 | 1,857.10 | | 36,000 | 37,000 | 1,890.10 | | 37,000 | 38,000 | 1,923.10 | | 38,000 | 39,000 | 1,956.10 | | 39,000 | 40,000 | 1,989.10 | | 40.000 | 41,000 | 2,022.10 | | 41,000 | 42,000 | 2,055.10 | | 42,000 | 43,000 | 2,088.10 | | 43,000 | 44,000 | 2,121.10 | | 44,000 | 45,000 | 2,154.10 | | 45,000 | 46,000 | 2,187.10 | | 46,000 | 47,000 | 2,220.10 | | 47,000 | 48,000 | 2,253.10 | | 48,000 | 49,000 | 2,286.10 | | 49,000 | 50,000 | 2,319.10 | | 50,000 | 55,000 | 2,360.35 | | 55,000 | 60,000 | 2,401.60 | | 60,000 | 65,000 | 2,442.85 | | 65,000 | 70,000 | 2,484.10 | | 70,000 | 75,000 | 2,525.35 | | 75,000 | 80,000 | 2,566.60 | | 80,000 | 85,000 | 2,607.85 | | 85,000 | 90,000 | 2,649.10 | | 90,000 | 95,000 | 2,690.35 | | 95,000 | 1,00,000 | 2,731.60 | | 1,00,000 | 1,05,000 | 2,772.85 | | 1,05,000 | 1,10,000 | 2,814.10 | | 1,10,000 | 1,15,000 | 2,855.35 | | 1,15,000 | 1,20,000 | 2,896.60 | | 1,20,000 | 1,25,000 | 2,937.85 | | 1,25,000 | 1,30,000 | 2,979.10 | | 1,30,000 | 1,35,000 | 3,020.35 | | 1,35,000 | 1,40,000 | 3,061.60 | | 1,40,000 | 1,45,000 | 3,102.85 | | 1,45,000 | 1,50,000 | 3,144.10 | | 1,50,000 | 1,55,000 | 3,185.35 | | 1,55,000 | 1,60,000 | 3,226.60 | | 1,60,000 | 1,65,000 | 3,267.85 | | 1,65,000 | 1,70,000 | 3,309.10 | | 1,70,000 | 1,75,000 | 3,350.35 | | 1,75,000 | 1,80,000 | 3,391.60 | | 1,80,000 | 1,85,000 | 3,432.85 | | 1,85,000 | 1,90,000 | 3,474.10 | | 1,90,000 | 1,95,000 | 3,515.35 | | 1,95,000 | 2,00,000 | 3,556.60 | | 2,00,000 | 2,05,000 | 3,597.85 | and the fee increases at the rate of forty-one rupees and twenty five paise for every five thousand rupees or part thereof, up to a maximum fee of eleven thousand rupees for example:- | | | | | --- | --- | --- | | When the amount or value of the subject matter exceeds | But does not exceed | Proper fee | | (1) | (2) | (3) | | Rs. | Rs. | Rs. Np | | | 3,00,000 | 4,381.60 | | | 4,00,000 | 5,206.60 | | | 5,00,000 | 6,031.60 | | | 6,00,000 | 6,856.62 | | | 7,00,000 | 7,681.60 | | | 8,00,000 | 8,506.60 | | | 9,00,000 | 9,331.60 | | | 10,00,000 | 10,981.60 | | | 11,05,000 | 11,022.85 | ### 3. Amendment of Schedule II of Act 7 of 1870. - For Schedule II to the Principal Act, the following shall be substituted, namely:- "Schedule II Fixed Fees | | | | | | | | --- | --- | --- | --- | --- | --- | | | Number | | | | Proper Fee | | 1. | Application or petition | | (a) When presented to any officer of the Customs or Excise Department or to any Magistrate by any person having dealings with the Government, and when the subject-matter of such application relates exclusively to those dealings; or | | Fifty naye paise | | | | | when presented to any Municipal Board or other local authority constituted under any Act for the time being in force for the conservancy or improvement of any place, if the application or petition relates solely to such conservancy or improvement; or | | | | | | | when presented to any Civil Court other than a principal Civil Court of original jurisdiction, or to any Court of Small Causes constituted under Act No. 11 of 1865 or under Act No. 16 of 1868, Section 20 or to a Collector or other officer of revenue in relation to any suit or case in which the amount or value of the subject-matter is less than fifty rupees; or | | | | | | | when presented to any Civil, Criminal or Revenue Court, or to any Board or executive officer for the purpose of obtaining a copy or translation of any judgment, decree or order passed by such Court, Board or officer, or of any other document on record in such Court or Office | | | | | | | (b) When presented in a Regional Transport Authority or State Transport Authority containing a prayer for permit for Contract Carriage, Stage Carriage, Private Carrier or Public Carrier or for any other purpose | | Eight rupees and twenty-five paise | | | | | (c) When containing a complaint or charge of any offence other than an offence for which police officer may, under the Criminal Procedure Code, arrest without warrant and presented to any Criminal Court; or when presented to a Civil, Criminal or Revenue Court, or to a Collector or any revenue officer having jurisdiction equal or subordinate to a Collector, or to any Magistrate in his executive capacity, and not otherwise provided for by this Act, or to deposit in Court as revenue or rent; or for determination by a Court of the amount of compensation to be paid by a land lord to his tenant; or | | In the case of a complaint or charge of an offence presented to a criminal court or in the case of an application or petition presented to any officer of land revenue by any person holding temporarily settled land under direct engagement with Government, and when the subject-matter of the application or petition relates exclusively to such engagement one rupee and sixty-five paise and in other case one rupee and ten paise. | | | | | when presented to a Collector or other officer making a settlement of land revenue, or to a Board of Revenue, or a Commissioner of Revenue, relating to matters connected with the assessment of land or the ascertainment of rights thereto or interest therein, if presented previous to the final confirmation of such settlement; or | | | | | | | When presented to any officer of land revenue by any person holding temporarily settled land under direct engagement with Government, and when the subject-matter of the application or petition relates exclusively to such engagement. | | One rupee and ten paise | | | | | When presented to any officer of land revenue by any person the kabulyat application for settlement of land under direct engagement with Government | | Two rupees | | | | | (d) When presented to a Chief Commissioner or other Chief Controlling Revenue or Executive Authority, or to a Commissioner of Revenue or Circuit, or to any chief officer charged with the executive administration of a Division and not otherwise provided for by this Act | | Three rupees and thirty paise | | | | | (e) When presented to a High Court | | Fifty rupees | | | | | (i) under Article 226 of the Constitution | | | | | | | (ii) in all other matters | | Ten rupees | | | | | (f) When presented to any officer containing prayer for settlement of fishery, ferry, forest produce, forest mahals, elephant mahals, or an officer giving terms for acceptance of Government for any construction or an application for a permit or licence to deal in controlled commodities | | Eight rupees and twenty-five paise | | | | | (g) When presented to am Appropriate Revenue Authority for demarcation of land- | | | | | | | (i) when the area of such land does not exceed one hectare | | Two rupees and twenty paise | | | | | (ii) for each subsequent area of one hectare or part thereof | | One rupee and ten paise. | | 1-A. | Application to any Civil Court that that records may be called for from another Court | | When the Court grants the application and is of opinion the transmission of such record involves the use of the post | | One rupee and sixty-five paise in addition to any fee levied on the application under Clause (a) , Clause(c) or Clause(e) of Article 1 of this Schedule. | | 2. | Application for leave to sue as a pauper | | | | One rupee and ten paise. | | 3. | Application for leave to appeal as a pauper | | (a) When presented to a District Court | | Two rupees and twenty paise | | | | | (b) When presented to a commissioner or a High Court | | Three rupees and thirty paise. | | 4. | ........ | | | | | | 5. | Plaint or memorandum of appeal in a suit to establish or disprove a right of occupancy | | | | | | 6. | Bail-bond or other instrument of obligation given in pursuance of an order made by a Court or Magistrate under any section of the Code of Criminal Procedure, 1898 (Act 5 of 1898) or the Code of Civil Procedure, 1908 (Act 5 of 1908) and not otherwise provided for by this Act | | | | One rupee and ten paise. | | 7. | Undertaking under Section 49 of the Indian Divorce Act, 1869 (Act 4 of 1869). | | | | | | 8. | ..... | | | | | | 9. | ..... | | | | | | 10. | Mukhtarnama or Wakalatnama | | When presented for the conduct of any one case- | | | | | | | (a) to any Civil or Criminal Court other than a High Court, or to any Revenue Court, or to any Collector or Magistrate, or other executive officer except such as are mentioned in Clauses (b) and (c) of this number. | | One rupee and ten paise. | | | | | (b) to a Commissioner of Revenue, Circuit or Customs officer or to any officer charged with the executive administration of a Division, not being the Chief Revenue or Executive Authority | | Two rupees and seventy-five paise. | | | | | (c) to a High Court, Chief Commissioner, Board of Revenue, or other Chief Controlling Revenue or executive authority or an appellate authority prescribed under the Motor Vehicles Act, 1939 (Act 4 of 1939) or to an appellate authority prescribed under the Assam Sales Tax Act, 1947 (Assam Act 17 of 1947). | | Five rupees and fifty paise. | | 11. | Memorandum of appeal when the appeal is not from a decree or an order having the force of a decree, and is presented. | | (a) to any Civil Court other than a High Court, or to any Revenue Court or executive officer other than the High Court or Chief Controlling Revenue or Executive Authority except an authority specified in Clause (b) | | Three rupees and thirty paise. | | | | | (b) to an Excise Appellate Authority under Rule 340 of the Assam Excise Rules | | Sixteen rupees and fifty paise. | | | | | (c) to a High Court or Chief Commissioner, or other Chief Controlling Executive or Revenue Authority except an authority prescribed in Clause (b) | | Eleven rupees. | | | | | (d) to an Excise Appellate Authority under Rule 341 of the Assam Excise Rules | | Fifty-five rupees. | | | | | (e) to a High Court in Miscellaneous revenue matters except (f) below or to an appellate authority prescribed under the Motor Vehicles Act, 1939 (Act 4 of 1939); and | | Sixteen rupees and fifty paise. | | | | | (f) to a High Court in appeal and revision matters arising out of settlement of fisheries- | | | | | | | (i) when the bid money is below ten thousand rupees | | Sixteen rupees and fifty paise. | | | | | (ii) when the bid money is above ten thousand rupees but below twenty-thousand rupees | | Twenty-seven rupees and fifty paise | | | | | (iii) when the bid money is above twenty thousand rupees | | Thirty-three rupees. | | 12. | Caveat. | | ...... | | Eleven rupees. | | 13. | Application under Act No. 10 of 1859, Section 26, or Bengal Act No. 6 of 1862, Section 9, or Bengal Act No. 8 of 1859, Section 37 | | | | Five rupees and fifty paise. | | 14. | Petition in suit under the Native Converts' Marriage Dissolution Act, 1866 (Act 21 of 1866) | | | | Five rupees and fifty paise. | | 15. | ..... | | | | | | 16. | ..... | | | | | | 17. | Plaint or memorandum of appeal in each of the following suits- | | (i) to alter or set aside a summary decision or order of any of the Civil Courts not established by Letters Patent or of any Revenue Court; | | Sixteen rupees and fifty paise. | | | | | (ii) to alter or cancel any entry in a register of the names of proprietors of revenue-paying estates | | | | | | | (iii) to obtain a declaratory decree where no consequential relief is prayed | | Twenty-two rupees | | | | | (iv) to set aside an award | | Sixteen rupees and fifty paise | | | | | (v) to set-aside an adoption | | Twenty-two rupees | | | | | (vi) every other suit where it is not possible to estimate at a money-value the subject-matter in dispute, and which is not otherwise provided or by this Act | | Sixteen rupees and fifty paise. | | 18. | Application under Section 14 of Section 20 of the Indian Arbitration Act, 1940 (Act 10 of 1940), for a direction for filing an award or for an order for filing an agreement | | When presented to a Munsif's Court | | Sixteen rupees and fifty paise. | | | | | When presented to any other Court | | Fifty-five rupees | | 19. | Agreement in writing stating in question for the opinion of the Court under the Code of Civil Procedure, 1908 (Act 5 of 1908) | | | | Sixteen rupees and fifty paise. | | 20. | Every petition under the Indian Divorce Act, 1869 (Act 4 of 1869) except petitions under Section 44 of the same Act, and every memorandum of appeal under Section 55 of the same Act | | | | Twenty-two rupees. | | 21. | Plaint or memorandum of appeal under the Parsi Marriage and Divorce Act, 1865 (Act 15 of 1865) | | | | Twenty-two rupees |

65ba7772ab84c7eca86eb7dd

acts

Union of India - Act ---------------------- The Inter-State Migrant Workmen (Regulation Of Employment And Conditions Of Service) Central Rules, 1980 ---------------------------------------------------------------------------------------------------------- UNION OF INDIA India The Inter-State Migrant Workmen (Regulation Of Employment And Conditions Of Service) Central Rules, 1980 ========================================================================================================== Rule THE-INTER-STATE-MIGRANT-WORKMEN-REGULATION-OF-EMPLOYMENT-AND-CONDITIONS-OF-SERVICE-CENTRAL-RULES-1980 of 1980 -------------------------------------------------------------------------------------------------------------------- * Published on 11 August 1980 * Commenced on 11 August 1980 The Inter-State Migrant Workmen (Regulation Of Employment And Conditions Of Service) Central Rules, 1980 Published vide Notification Gazette of India, Extraordinary, Part 2, Section 3(i) , dated 11th August, 1980 (w.e.f. 2nd October, 1980). ### 14. /688 G.S.R. 514(E) , dated 11th August, 1980. - In exercise of the powers conferred by section 35 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 ( 30 of 1979 ), the Central Government hereby makes the following rules, namely:- Chapter I ----------- ### 1. Short title and commencement.- (1) These rules may be called The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980. (2) They shall come into force from the second day of October, 1980. ### 2. Definitions. -In these rules, unless the subject or context otherwise requires,- (a) "Act" means the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979; (b) "Appellate Officer" means an appellate officer nominated by the Central Government under section 11; (c) "Deputy Chief Labour Commissioner (Central)" means an officer as such appointed by the Central Government; (d) "Form" means a form appended to these rules; (e) "Inspector" means an Inspector appointed by the Central Government under section 20; (f) "licensing officer" means the licensing officer appointed by the Central Government under section 7; (g) "migrant workman" means an inter-State migrant workman as defined in section 2; (h) "registering officer" means a registering officer appointed by the Central Government under section 3; (i) "section" means a section of the Act; (j) "specified authority" means the authority specified by the Central Government for the purposes of sections 12 and 16; and (k) all other words and expressions used in these rules but not defined therein shall have the meanings respectively assigned to them in the Act. Chapter II ------------ ### 3. Manner of making application for registration of establishments.- (1) The application for registration of an establishment shall be made in triplicate in Form I to the registering officer of the area in which the establishment sought to be registered is located. (2) The application shall be accompanied by a crossed demand draft showing payment of the fees for the registration of the establishment. (3) The application shall be either personally delivered to the registering officer or sent to him by registered post. (4) On receipt of the application, the registering officer shall, after noting thereon the date of receipt by him of the application, give an acknowledgment to the applicant. ### 4. Issue of certificate of registration.- (1) Where the registering officer registers of establishment, he shall issue to the principal employer a certificate of registration in Form II. (2) The registering officer shall maintain a register, in Form III showing the particulars of the establishments, in relation to which certificates of registration are issued by him. (3) If, in relation to an establishment, there is any change in the particulars specified in the certificate of registration, the principal employer of the establishment shall intimate to the registration officer, within thirty days from the date when such change takes place, the particulars of, and the reasons for, such change. ### 5. Circumstances in which applicants for registration may be rejected.- (1) If any application for registration is not complete in all respects, the registering officer shall require the principal employer to amend the application so as to make it complete in all respects. (2) If the principal employer, on being required by the registering officer to amend his application for registration omits or fails to do so, the registering officer shall reject the application for registration. ### 6. Amendment of certificate of registration.- (1) Where on receipt of the intimation under sub-rule (3) of rule 4, the registering officer is satisfied that an amount higher than the amount, which has been paid by the principal employer as fees for the registration of the establishment is payable, he shall require such principal employer to deposit a sum which, together with the amount already paid by such principal employer, would be equal to such higher amount of fees payable for the registration of the establishment and to produce receipt showing such deposit. (2) Where, on receipt of the intimation referred to in [sub-rule (3)] [ Substituted by G.S.R. 53(E) , dated 4.2.1984.] of rule 4, the registering officer, is satisfied that there has occurred a change in the particulars of the establishment, as entered in the register in Form III, he shall amend the said register and record therein the change thus occurred: Provided that no such amendment shall affect anything done or any action taken or any right, obligation or liability acquired or incurred before such amendment: Provided further that the registering officer shall not carry out any amendment in the register in Form III unless the appropriate fees have been deposited by the principal employer. ### 7. Application for a license.- (1) Every application by a contractor for the grant of a license for recruiting a person under clause (a) of sub-section (1) of section 8 shall be made in triplicate in Form IV to the licensing officer having jurisdiction in relation to the area wherein recruitment is made. (2) Every application by a contractor for employing a migrant workman under clause (b) of sub-section (1) of section 8 shall be made, in Form V to the licensing officer having jurisdiction in relation to the area wherein the establishment is situated. (3) (i) Every application for the grant of a license under sub-rule (1) or sub-rule (2) shall be accompanied by a certificate of the principal employer in Form VI to the effect that he undertakes to be bound by all the provisions of the Act and the rules made thereunder so far as they are applicable to him in respect of the recruitment or employment of the migrant workmen, in respect of which the contractor is making the application. (ii) Every such application shall be either personally delivered to the licensing officer concerned or sent to him by registered post. (4) On receipt of the application referred to in sub-rule (1) or sub-rule (2), the licensing officer concerned shall, after noting thereon the date of receipt of the application, grant an acknowledgment to the applicant. (5) Every application referred to in sub-rule (1) shall also be accompanied by the receipt obtained as required by rule 20. ### 8. Matters to be taken into account in granting or refusing a license.- In granting or refusing to grant a license the licensing officer shall take the following matters into account, namely:- (a) Whether the, applicant- (i) is a minor, or (ii) is a unsound mind and stands so declared by a competent Court, or (iii) is an undischarged insolvent, or (iv) has been convicted at any time during the period of five years immediately preceding the date of application, of an offence which, in the opinion of the Central Government, involves moral turpitude; (b) whether any order had been made in respect of the applicant under sub-section (1) of section 10, and if so, whether a period of three years has elapsed from the date of that order; (c) whether the fees for the application has been deposited at the rates specified in rule 12; and (d) whether security, wherever, necessary, has been deposited by the applicant at the rates specified in sub-rule (1) of rule 10. ### 9. Refusal to the issue license.- (1) On receipt of the application from the contractor, and as soon as possible thereafter, the licensing officer shall investigate or cause investigation to be made to satisfy himself about the correctness of the facts and particulars furnished in such application and the eligibility of the applicant for a license. (2) (i) Where the licensing officer is of the opinion that the license should not be issued, he shall, after affording reasonable opportunity to the applicant to be heard, make an order rejecting the application. (ii) The order shall record the reasons for the refusal and shall be communicated to the applicant. ### 10. Security.- [(1) Where the licensing officer is satisfied that any person who has applied for or who has been issued a license should furnish security for the due performance of the conditions of the license, he shall prepare an estimate of all the amount needed to provide for recruitment or employment of migrant workmen on the basis of the following factors, namely:- (i) Wages equivalent to one wage period payable under clause (v) of sub-rule (2) of rule 11, read with rule 25. (ii) Provision of medical facilities under rule 37, (iii) Provision of protective clothing under rule 38, wherever applicable, (iv) Provision of drinking water, latrines, urinals and washing facilities under rule 39, read with rules 42 and 43, (v) Provision of rests rooms under rule 40, wherever applicable, (vi) Provision of canteens under rule 41, wherever applicable , (vii) Provision of creche under rule 44, wherever applicable, (viii) Provision of residential accommodation under rule 45, (ix) Journey allowance under section 15, (x) Number of migrant workmen employed or recruited, and (xi) Duration of work.] (2) The licensing officer shall determine the amount of the security to be furnished by such person, after considering the solvency of such a person, not exceeding 40 per cent. of the amount estimated by him in accordance with sub-rule (1) above. (3) [] [ Renumbered by G.S.R. 316(E) , dated 25.2.1986 (w.e.f. 25.2.1986).] Where the applicant for license was holding a license in regard to another work and that license had expired, the licensing officer, if he is of the view that any amount out of the security, if any, deposited in respect of that license is to be refunded to the applicant under rule 17, he may on an application made for that purpose in Form VII by the applicant adjust the amount so to be refunded towards the security, if any, required to be deposited in respect of the application for the new license and the applicant need deposit, in such a case, only the balance amount, if any, after making such adjustment. ### 11. Forms and terms and conditions of license.- (1) Every license issued under sub-section (1) of section 8 shall be in Form VIII. (2) Every license granted under sub-rule (1) or renewed under rule 15 shall be subject to the following conditions, namely:- (i) the license shall be non-transferable; (ii) the terms and conditions of the agreement or arrangement or the arrangement under which the migrant workmen is recruited or employed; (iii) the number of migrant workmen recruited or employed; (iv) the number of workmen recruited or employed as migrant workmen in the establishment shall not, on any day, exceed the maximum number specified in conditions (iii); (v) the rates of wages payable to the migrant workmen by the contractor shall not be less than the rates prescribed under the Minimum Wages Act, 1948, for such employment and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed; (vi) save as provided in these rules the fees paid for the issue, or as the case may be, for renewal of license shall be non-refundable; (vii) (a) in cases where the migrant workmen recruited or employed by the contract perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the migrant workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work: Provided that in the case of any disagreement with regard to the type of work, the same shall be decided by the Deputy Chief Labour Commissioner (Central) [\* \* \*] [ Omitted by G.S.R. 316(E) , dated 25.2.1986 (w.e.f. 25.2.1986).] ; (b) in other cases, the wage rates, holidays, hours of work and conditions of service of the migrant workmen recruited or employed by the contractor shall be such as prescribed in these rules; (viii) every migrant workman shall be entitled to allowances, benefits, facilities, etc., as prescribed in the Act and the rules; (ix) no female migrant workman shall be employed by any contractor before 6 a.m. or after 7 p.m.: Provided that this clauses shall not apply to the employment of female migrant workmen in Pit head Baths, Creches and canteens and Midwives and Nurses in hospitals and dispensaries; (x) the contractor shall notify any change in the number of migrant workmen or the conditions of work to the licensing officer; (xi) the contractor shall comply with all the provisions of the Act and the rules; (xii) a copy of the license shall be displayed prominently at the premises where the migrant workmen are employed; (xiii) the period for which the license shall be valid; (xiv) [ any change in the number of migrant workmen shall be notified to the licensing officer within seven days of this change.] [ Inserted by G.S.R. 932(E) , dated 25.11.1987.] ### 12. [ Fees.-( ### 1. ) The fees to be paid for the grant of certificate of registration of an establishment under section 7, shall be as specified below:- If the number of migrant workmen proposed to be employed in the establishments on any day. | | | | | | | | --- | --- | --- | --- | --- | --- | | (a) | is 5 and not exceeding 20 | . | . | . | Rs 60 | | (b) | exceeding 20 and upto 50 | . | . | . | Rs. 150 | | (c) | exceeding 50 and upto 100 | . | . | . | Rs. 300 | | (d) | exceeding 100 and upto 200 | . | . | . | Rs. 600 | | (e) | exceeding 200 and upto 400 | . | . | . | Rs. 1,200 | | (f) | exceeding 400 | . | . | . | Rs. 1,500 | (2) The fees to be paid for grant of license under section 7 shall be as specified below :- If the number of workmen employed by the contractor on any day- | | | | | | | | --- | --- | --- | --- | --- | --- | | (a) | is 5 and not exceeding 20 | . | . | . | Rs 15 | | (b) | exceeding 20 and upto 50 | . | . | . | Rs. 40 | | (c) | exceeding 50 and upto 100 | . | . | . | Rs. 80 | | (d) | exceeding 100 and upto 200 | . | . | . | Rs. 150 | | (e) | exceeding 200 and upto 400 | . | . | . | Rs. 300 | | (f) | exceeding 400 | . | . | . | Rs. 400 | ] [ Substituted by G.S.R. 316(E) , dated 25.2.1986 (w.e.f. 25.2.1986).] ### 13. Amendment of the license.- (1) A license issued under rule 11 or renewed under rule 15 may, for good and sufficient reasons be amended by the licensing officer. (2) The contractor who desires to have the license amended shall submit to the licensing officer an application stating the nature of amendment and reasons therefor. (3) (i) If the licensing officer allows the application he shall require the applicant to furnish a crossed demand draft for the amount, if any, by which the fees that would have been payable if the license had been originally issued in the amended form exceeds the fee originally paid for the license; (ii) on the applicant furnishing the requisite receipt, the license shall be amended according to the orders of the licensing officer. (4) Where the application for amendment is refused, the licensing officer shall record the reasons for such refusal and communicate the same to the applicant. ### 14. Renewal of license.- (1) Every contractor may apply to the licensing officer for renewal of the license. (2) The application shall be in Form IX in triplicate and shall be made not less than thirty days before the date on which the license expires, and if the application is so made the license shall be deemed to have been renewed until such date when the renewed license is issued. (3) The fees chargeable for renewal of the license shall be same as for the grant thereof: Provided that if the application for renewal is not received within the time specified in sub-rule (2) , a fee of twenty-five per cent. in excess of the fee ordinarily payable for the license shall be payable for such renewal: Provided further that in case where the licensing officer is satisfied that the delay in submission of the application is due to unavoidable circumstances beyond the control of the contractor, he may reduce or remit as he deems fit the payment of such excess fee. ### 15. Period of renewal of the license.- Every license renewed under this rule 15 shall remain in force for a further period of twelve months from the date of the order of renewal. ### 16. Issue of duplicate certificate of registration or license.- Where a certificate of registration or license granted or renewed under the preceding rules has been lost, defaced or accidentally destroyed, a duplicate thereof may be granted on payment of fees of [Rs. 20.00] [ Substituted by G.S.R. 514 dated 29.6.1989.] . ### 17. Refund of security.- (1) (i) On expiry of the period of license the contractor may, if he does not intend to have his license renewed or get the security amount adjusted in respect of his fresh application for license in terms of sub-rule (2) of rule 10, make an application to the licensing officer for the refund of the security, if any, deposited by him under rule 10. (ii) If the licensing officer is satisfied that there is no breach of the conditions of license or there is no order under section 10 for the forfeiture of security or any portion thereof, he shall direct the refund of the security to the applicant. (2) If there is any order directing the forfeiture of the whole or any part of the security, the amount to be forfeited shall be deducted from the security deposit, and balance, if any, shall be refunded to the applicant. (3) The application for refund shall as far as possible, be disposed of within sixty days of the receipt of the application. ### 18. Appeals and procedure.- (1) (i) Every appeal under section 11 shall be preferred in the form of a memorandum signed by the applicant or his authorised agent and presented to the appellate officer in person or sent to him by registered post. (ii) The memorandum shall be accompanied by a certified copy of the order and a crossed demand draft for Rs. 25. (2) The memorandum shall set forth precisely and under distinct heads the grounds of appeal to the order appealed from. (3) Where the memorandum of appeal does not comply with the provision of sub-rule (2) it may be rejected or returned to the appellant for the purpose of being amended within a time to be fixed by the appellate officer. (4) Where the appellate officer rejects the memorandum of appeal under sub-rule (3), he shall record the reasons for such rejection and communicate the same to the appellant. (5) Where the memorandum of appeal is in order, the appellate officer shall admit the appeal, endorse thereon the date of presentation and shall register the appeal in the register of appeals kept for the purpose. (6) (i) When the appeal has been admitted, the appellate officer shall send a notice to the registering officer or the licensing officer, as the case may be, from whose order the appeal has been preferred. The registering officer or as the case may be, the licensing officer shall thereupon send the record of the case to the appellate officer. (ii) On receipt of the record the appellate officer shall send a notice to the appellant to appear before him on such date and time as may be specified in the notice for the hearing of the appeal. (7) If on the date fixed for the hearing, the appellant does not appear, the appellate officer may dismiss the appeal for default of appearance of the appellant. (8) (i) Where an appeal has been dismissed under sub-rule (7) , the appellant may apply to the appellate officer for re-admission of the appeal, and where it is proved that he was prevented by any sufficient cause from appearing when appeal was called on for hearing, the appellate officer shall restore the appeal on its original number. (ii) An application under clause (i) shall, unless the appellate officer extend the time for sufficient reason, be made within thirty days of the date of dismissal. (9) (i) If the appellant is present when the appeal is called on for hearing, the appellate officer shall proceed to hear the appellant or his authorised agent and any other person summoned by him for the purpose, and pronounce judgment on the appeal either confirming, reversing or modifying the order appealed from. (ii) The judgement of the appellate officer shall state the points for determination, decisions thereon the reasons for the decisions. (iii) The order shall be communicated to the appellant and a copy thereof shall be sent to the registering officer or the licensing officer, as the case may be, from whose order the appeal has been preferred. ### 19. Obtaining of copies of orders.- A copy of the order of the registering officer, licensing officer or appellate officer may be obtained on payment of fees of [Rs. 500 ] [ Substituted by G.S.R. 514 dated 29.6.1989.] per copy of each order on application specifying the date and other particulars of the order, made to the officer concerned. ### 20. Payment of fees and security deposits.- (1) The payment of the various fees relating to registration, licensing and security deposits shall be made through a crossed Demand Draft drawn in favour of the concerned departmental officer and payable at the station at which he is stationed along-with a Treasury Challan duly filled in indicating the relevant head of account creditable to the accounts of the concerned Pay and Accounts Office. (2) The heads of accounts under which the receipt relating to the fees for registration, licensing and appeals, etc., shall be credited will be "B-Non-Tax Revenue-087 Labour and Employment-Receipts under the Inter-State Migrant Workmen (Regulations and Conditions of Service) Central Rules, 1980". The Security Deposits are to be booked under the head "Deposits Advances-(b) Deposits not bearing interest-843-Civil Deposits-Security Deposits". Chapter III Duties Of The Contractor ----------------------------------------- ### 21. Particulars of migrant workman.- (1) Every contractor shall furnish to the specified authorities the particulars regarding recruitment and employment of migrant workmen in Form X. (2) The particulars shall be either personally delivered by the contractor to the concerned specified authorities or sent to them by registered post. ### 22. Return fare.- The contractor shall pay to the migrant workman the return fare from the place of employment to the place of residence in the home-state of the migrant workman on the expiry of the period of employment and also on his- (a) termination of service before the expiry of the period of employment for any reason whatsoever; (b) being incapacitated for further employments on accounts of injury or continued ill-health duly certified as such by a registered medical practitioner; (c) cessation of work in the establishments which is not due to any fault on the part of the migrant workman; and (d) resignation from service on account of non-fulfilment of terms and conditions of his employment by the contractor. ### 23. Pass Book.- (1) In the pass book referred to in clause (4) sub-section (1) of section 12, the following additional particulars shall be indicated, namely:- (a) the date of recruitment; (b) the date of employment; (c) total attendance/unit of work done (in respect of piece-rated migrant workman)/total wages earned/deductions, if any made/net amount paid the signature of contractor or his duly authorised representative with date; and (These entries shall be made separately in respect of each wage period within three days from the date of payment.) (d) name and address of the next of kinds of migrant workman. (2) In case of fatal accident of serious bodily injury to any migrant workman, the contractor shall immediately send telegrams to the specified authorities of both the States and also the next of the kins of the migrant workman intimating death or the nature of serious bodily injury sustained by the migrant workman, as the case may be, date, place and nature of accident. The contractor shall further send written report to the specified authorities concerned and the next of the kin of the migrant workman, undermentioned particulars by registered post within 24 hours of the occurrence of the accident:- (i) Name of the migrant workman; (ii) Date, place and nature of accident; (iii) Condition of the migrant workman (if alive); (iv) Action taken by the contractor/principal employer; (v) Remarks. (3) If the contractor fails to send the telegraphic intimation and/or written report as required under sub-rule (2), the principal employer shall comply with the requirements of sub-rule (2) as early as possible but in any case not later than 48 hours of the time of occurrence of the accident. ### 24. Return and Report.- Every contractor shall furnish a return regarding migrant workman who have ceased to be employed in Form XI to the specified authorities concerned either personally or by registered post so as to reach them to not later than 15 days from the date of migrant workman ceases to be employed. Chapter IV Wages --------------------- ### 25. Rate of wages.- The rate of wages of a migrant workman in an establishment where he is required to work which is neither same nor of similar kind as is being performed by any other workman in that establishment shall not be less than the rate of wages paid by the principal employer to a workman in the lowest category of workman directly employed by him in that establishment or the minimum rates of wages notified by the Central Government under the Minimum Wages Act, 1948 for the same or similar type of work performed by workmen in any scheduled employment in the area in which the establishment is located, or the rates of wages payable to the workman for performing same or similar kind of work in that establishment in the State in which the establishment is located, whichever is higher: Provided that if there is any dispute is this regard or with regard to applicability of wage rate to a migrant workman under sub-clause (b) of sub-section (1) of section 13, the same shall be decided by the Deputy Chief Labour Commissioner (Central) [\* \* \*] [ Omitted by G.S.R. 316(E) , dated 25.2.1986 (w.e.f. 25.2.1986).] . ### 26. Wage-period.- The contractor shall fix wage periods in respect of which wages shall be payable. ### 27. No wage period shall exceed one month. ### 28. Payment of wages.- The wages of every migrant workman in an establishment by a contractor where less than 1000 workmen are employed shall be paid before the expiry of the seventh day and in other cases before the expiry of tenth day every month. ### 29. Payment on termination.- Where the employment of any migrant workman is terminated by or on behalf of the contractor, the wages earned by the migrant workman shall be paid before the expiry of the second working day from the day on which his employment is terminated. ### 30. Mode of payment.- All payments of wages shall be made by the contractor on working day at the work premises and during the working time and on a date notified in advance and in case the work is completed before the expiry of final payments, shall be made within forty-eight hours of the last working day. ### 31. Wages due to every migrant workman shall be paid to him direct or to other persons duly authorised by him in this behalf. ### 32. All wages shall be paid in current coin or in currency or in both. Wages shall be paid without any deduction of any kind except those specified by the Central Government by general or special order in this behalf or permissible under the Payment of Wages Act, 1936. ### 33. A notice showing the wages period and the place and time of disbursement of wages shall be displayed at the place of work and a copy sent by the Contractor to the principal employer under acknowledgment. ### 34. The principal employer shall ensure the presence of his authorised representative at the place and time of disbursement of wages by the contractor to the migrant workman; and it shall be the duty of the contractor to ensure the disbursement of wages in the presence of such authorised representative. ### 35. The authorised representative of the principal employer shall record under his signature a certificate at the end of all the entries in the register of wages or the wages-cum-muster roll, as the case may, be in the following form:- "Certified that the amount shown in column No. has been made to the migrant workman concerned in my presence on..........." Chapter V Medical And Other Facilities To Be Provided To Migrant Workman ----------------------------------------------------------------------------- ### 36. Holidays, hours of work and other conditions of service. (1) Holidays, hours of work including extra wages for overtime work done and other conditions of service of migrant workman shall not be less favourable than those obtaining in that establishment or in similar employment in the area in which the establishment is located, as the case may be. (2) Where there is any dispute in this regard or with regard to applicability of holidays hours of work including extra wages for overtime work done and other conditions of service to a migrant workman under clause (a) of sub-section (1) of section 13, the same shall be decided by the Deputy Chief Labour Commissioner (Central) [\* \* \*] [ Omitted by G.S.R. 316(E) , dated 25.2.1986 (w.e.f. 25.2.1986).] . ### 37. Medical facilities.- (1) The contractor shall ensure provision of suitable and adequate medical facilities for outdoor treatment to the migrant workman free of cost for treatment of any ailment from which the migrant workman or any member of his family may suffer during his employment in the establishment or to meet any preventive measure against epidemic or any virus infection. Whenever any medicine is purchased by a migrant workman from market on the basis of the prescription issued by any Doctor provided by the contractor or the principal employer, as the case may be, or any registered medical practitioner, the cost of such medicine [including the fee upto Rs. 10 per consultation] [ Inserted by G.S.R. 22(E) , dated 14.1.1991 (w.e.f. 14.1.1991).] , shall be reimbursed by the contractor to the migrant workman concerned within a period of seven days from the date of presentation of the bill by the migrant workman. (2) In the event of migrant workman or any of his family members, suffering from any ailment requiring hospitalisation during his employment in the establishment, the contractor shall promptly arrange for the hospitalisation of the migrant workman or the concerned member of his family. The contractor shall bear entire expenses on treatment, hospital charges (including diet), if any, and travel expenses for the patient from the place of his/her residence to the hospital and back. (3) Every contractor shall provide and maintain so as to be readily accessible during all working hours first-aid boxes at the rate of not less than one box for one hundred and fifty workmen or part thereof. (4) The first-aid box shall be distinctly marked with a Red Cross on a white ground and shall contain the following equipment, namely:- (a) for the establishments in which number of migrant workmen employed does not exceed fifty, each first-aid box shall contain the following equipment:- (i) 6 small sterilized dressings; (ii) 3 medium size sterilized dressings; (iii) 3 large size sterilized dressings; (iv) 3 large sterilized burn dressings; (v) 1 (30 ml.) bottle containing a two per cent alcoholic solution of iodine; (vi) 1 (30 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label; (vii) 1 snake-bite lancet; (viii) 1 (30 gms.) bottle of Potassium permanganate crystals; (ix) 1 pair scissors; (x) 1 copy of the first-aid leaflet issued by the Director-General, Factory Advice Service and Labour Institute Government of India; (xi) A bottle containing 100 tablets (each of 5 grains) of aspirin; (xii) Ointment for burns; and (xiii) A bottle of suitable surgical antiseptic solution. (b) For establishments in which the number of migrant workmen exceed fifty each first-aid box shall contain the following equipment:- (i) 12 small sterilized dressings; (ii) 6 medium size sterilized dressings; (iii) 6 large size sterilized dressings; (iv) 6 large sterilized burn dressings; (v) 6 (15 gms.) packets sterilized cotton wool; (vi) 1 (80 ml.) bottle containing a two per cent alcoholic solution of iodine; (vii) 1 (60 ml.) bottle containing salvolatile having the dose and mode of administration indicated on the label; (viii) 1 roll of adhesive plaster; (ix) 1 snake-bite lancet; (x) 1 (30 gms.) bottle of potassium permanganate crystals; (xi) 1 pair scissors; (xii) 1 copy of the first-aid leaflet issued by the Director-General, Factory Advice Service and Labour Institute, Government of India; (xiii) A bottle containing 100 tablets (each of 5 grains) of aspirin; (xiv) Ointment for burns; and (xv) A bottle of a suitable surgical antiseptic solution. (5) Adequate arrangements shall be made for immediate recoupment when necessary. (6) Nothing except the contents mentioned in sub-rule (4) shall be kept in the first-aid box. (7) The first-aid box shall be in charge of a responsible person who shall always be readily available during the working hours of the establishment. (8) The person-in-charge of the first-aid box shall be a person trained in first-aid treatment, in establishments where the number of migrant workmen is one hundred and fifty or more. ### 38. Protective clothing.- (1) The contractor shall provide to every migrant workman where the temperature falls below 20 degree centigrade, protective clothing consisting of one woollen coat and one woollen trousers once in two years: Provided that where the temperature falls below 5 degree centigrade an woollen overcoat shall also be provided to the migrant workman once in three years. (2) The protective clothing shall be provided by the contractor to every migrant workman before onset of winter season in the area where the establishment is located or on the 30th day of September, whichever is earlier. ### 39. Drinking water, latrines, urinals and washing facilities.- (1) The contractor shall provide sufficient quantity of wholesome drinking water, sufficient number of sanitary latrines and urinals, washing facilities for the migrant workmen at the establishment in the case of existing establishments, within seven days of commencement of these rules, and in case of new establishment, within seven days of the commencement of employment of migrant workmen therein. (2) If any of the facilities is not provided by the contractor within the specified period, the same shall be provided by the principal employer within seven days of the expiry of the period specified in sub-rule (1). ### 40. Rest rooms.- (1) In every place where migrant workmen are required to halt at night in connection with the working of the establishment and in which employment of migrant workmen is likely to continue for three months or more, the contractor shall provide and maintain rest rooms or other suitable alternatives accommodation within fifteen days of the coming into force of the rules in case of the existing establishments and within fifteen days of the commencement of the employment of migrant workmen in the case of new establishments. (2) If the amenity is not provided by the contractor within the specified period, the principal employer shall provide the same within a period of fifteen days of the expiry of the period specified in sub-rule (1). (3) Separate rooms shall be provided for female migrant workmen. (4) Effective and suitable provisions shall be made in every room for securing and maintaining adequate ventilation by circulation of fresh air, and there shall also be provided and maintained sufficient and suitable natural and artificial lighting. (5) The rest rooms, or other suitable alternative accommodation shall be of such dimensions so as to provide at least a floor area of 1.1 square meter for each person. (6) The rest room/rooms or other suitable alternative accommodation shall be so constructed as to afford adequate protection against heat, wind, rain and shall have smooth, hard and impervious floor surface. (7) The rest rooms or other suitable accommodation shall be at a convenient distance from the establishment and shall have adequate supply of wholesome drinking water. ### 41. Canteens.- (1) In every establishment wherein work regarding the employment of migrant workmen is likely to continue for six months and wherein migrant workmen numbering one hundred or more are ordinarily employed an adequate canteen shall be provided by the contractor for the use of such migrant workmen within sixty days of the date of coming into force of the rules in the case of the existing establishments, and within sixty days of the commencement of the employment of migrant workmen in the case of new establishments. (2) If the contractor fails to provide canteen within the time laid down, the same shall be provided by the principal employer, within sixty days of the expiry of the time allowed to the contractor. (3) The canteen shall be maintained by the contractor or principal employer, as the case may be, in an efficient manner. (4) The canteen shall consist of at least a dinning-hall, kitchen, store-room, pantry and washing places separately for migrant workmen and for utensils. (5) (i) The canteen shall be sufficiently lighted at all times when any person has access to it. (ii) The floor shall be made of smooth and impervious material and inside walls shall be lime-washed or colour-washed at least once in each year: Provided that the inside walls of the kitchen shall be lime-washed every four months. (6) (i) The precincts of the canteen shall be maintained in a clean and sanitary condition. (ii) Waste water shall be carried away in suitable covered drains and shall not be allowed to accumulate so as to cause a nuisance. (iii) Suitable arrangements shall be made for the collection and disposal of garbage. (7) The dinning-hall shall accommodate at a time at least 30 per cent. of the migrant workmen working at a time. (8) The floor area of the dinning-hall, excluding the area occupied by the service counter and any furniture except tables and chairs shall not be less than one square metre per dinner to be accommodated as specified in sub-rule (7). (9) (i) A portion of the dinning hall and service counter shall be partitioned off and reserved for women migrant workmen in proportion to their number. (ii) Washing places for women shall be separate and screened to secure privacy. (10) Sufficient tables, stools, chairs or benches shall be available for the dinners to be accommodated as specified in sub-rule (7). (11) (i) There shall be provided and maintained sufficient utensils, crockery, cutlery, furniture and any other equipment necessary for the efficient running of the canteen. (ii) The furniture, utensils and other equipment shall be maintained in a clean and hygienic condition. (12) (i) Suitable clean clothes for the employees, serving in the canteen shall be provided and maintained. (ii) A service counter, if provided, shall have top of smooth and impervious material. (iii) Suitable facilities including an adequate supply of hot water shall be provided for the cleaning of utensils and equipment. (13) The foodstuffs and other items to be served in the canteen shall be in conformity with the normal habits of the migrant workmen. (14) The charges for meals, other foodstuffs, beverages and other items served in the canteen shall be based on no-profit, no-loss basis and shall be conspicuously displayed in the canteen. (15) In arriving at the prices of foodstuffs and other articles served in the canteen the following items shall not be taken into consideration as expenditure, namely:- (a) The rent for the land and buildings; (b) The depreciation and maintenance charges for the building and equipment provided for in the canteen; (c) The cost of purchase, repairs and replacement of equipments including furniture, crockery, cutlery and utensils; (d) The water charges and other charges incurred for lighting and ventilation; (e) The interest on the amounts spent on the provision and maintenance of furniture and equipment provided for in the canteen. (16) The books of accounts and registers and other documents used in connection with the running of the canteen shall be produced on demand to an Inspector. (17) The accounts pertaining to the canteen shall be audited once every twelve months by registered accountants and auditors: Provided that the Deputy Chief Labour Commissioner (Central) may approve of any other person to audit the accounts, if he is satisfied that it is not feasible to appoint a registered accountant and auditor in view of the site or the location of the canteen. ### 42. Latrines and urinals.- (1) Latrines shall be provided in every establishment on the following scale, namely:- (a) Where females are employed, there shall be at least one latrine for every 25 females; (b) Where males are employed, there shall be at least one latrine for every 25 males: Provided that where the number of males or females exceeds 190, it shall be sufficient if there is one latrine for 25 males or females, as the case may be, upto the first 100, and one for every 30 thereafter. (2) Every latrine shall be under cover and so partitioned off as to secure privacy, and shall have a proper door and fastenings. (3) (i) Where workers of both sexes are employed there shall be displayed outside each block of latrine and urinal a notice in the language understood by the majority of the workers "For Men only", or "For Women only", as the case may be. (ii) The notice shall also bear the figure of a man or of a woman, as the case may be. (4) There shall be at least one urinal for male workers upto fifty and one for female upto fifty employed at a time: Provided that where the number of male or female workmen, as the case may be, exceeds 500 it shall be sufficient if there is one urinal for every fifty females upto the first 500 and one for every 100 or part thereof thereafter. (5) The latrines and urinals shall be conveniently situated and accessible to workers at all times at the establishment. (6) (i) The latrines and urinals shall be adequately lighted and shall be maintained in a clean and sanitary condition at all times. (ii) Latrines and urinals other than those connected with a flush sewage system shall comply with the requirements of the public health authorities. (7) Water shall be provided by the means of tap or otherwise so as to be conveniently accessible in or near the latrines and urinals. ### 43. Washing facilities.- (1) In every establishment adequate and suitable facilities for washing shall be provided and maintained for the use of migrant workmen employed therein. (2) Separate and adequate screening facilities shall be provided for the use of male and female migrant workmen. (3) Such facilities shall be conveniently accessible and shall be kept in clean and hygienic condition. ### 44. Creche.- (1) In every establishment where 20 or more workmen are ordinarily employed as migrant workmen and in which employment of migrant workmen is likely to continue for three months or more, the contractor shall provide and maintain two rooms of reasonable dimensions for the use of their children under the age of six years, within fifteen days of the coming into force of the rules, in case of existing establishment, and within fifteen days of the commencement of the employment of not less than twenty women as migrant workmen in new establishments. (2) One of such rooms shall be used as playroom for the children and the other as bedroom for the children. (3) If the contractor fails to provide the creche within the time laid down, the same shall be provided by the principal employer within fifteen days of the expiry of the time allowed to the Contractor. (4) The contractor or the principal employer as the case may be, shall supply adequate number of toys and games in the play rooms and sufficient number of cots and beddings in the sleeping room. (5) The creche shall be so constructed as to afford adequate protection against heat, damp, wind, rain and shall have smooth, hard and impervious floor surface. (6) The creche shall be at a convenient distance from the establishment and shall have adequate supply of wholesome drinking water. (7) Effective and suitable provisions shall be made in every room of the creche for securing and maintaining adequate ventilation by circulation of fresh air and there shall also be provided and maintained sufficient and suitable natural or artificial lighting. ### 45. Residential accommodation.- (1) The contractor shall provide to every migrant, workman,- (i) in case he is accompanied by any other member of his family a suitable barrack so as to accommodate one room having at least a floor area of 10 square metres, a verandah and adequate additional covered space for cooking food as well as one common sanitary latrine, one common bathroom for every three such quarters; and (ii) in case he is unaccompanied by any other member of his family a suitable barrack so as to accommodate not more than ten such migrant workmen, having at least a floor area of not less than 6.5 square metres for each such migrant workman making use of the barrack, a verandah and adequate additional covered space for cooking food as well as one common sanitary latrine and one common bathroom for every ten such migrant workmen; within fifteen days of coming into force of the rules in the case of the existing establishments and within fifteen days of the commencement of the employment of migrant workmen in new establishment. (2) Every quarter and the barrack shall be so constructed as to afford adequate ventilation, protection against heat, wind, rain and shall have smooth, hard and impervious floor surface. (3) The quarters or the barracks, as the case may be, shall be at a convenient distance from the establishment and shall have adequate supply of wholesome drinking water. (4) The area in which the quarters and/or barracks are located as well as the latrines and bathrooms provided therein shall be kept in a clean and sanitary condition at all times. (5) If the amenities referred to in sub-rule (1) are not provided by the contractor within the period prescribed, the principal employer shall provide the same within a period of fifteen days of the expiry of the period laid down in the said sub-rule. (6) If there is any dispute or disagreement regarding suitability or adequacy of provision of any of the amenities referred to in sub-rules (1) to (4) the same shall be decided by Deputy Chief Labour Commissioner Central [\* \* \*] [ Omitted by G.S.R. 316(E) , dated 25.2.1986 (w.e.f. 25.2.1986).] . ### 46. Liability of the principal employer in certain cases.- If any allowance required to be paid under section 14 or section 15 to a migrant workman employed in an establishment to which this Act applies is not paid by the contractor or if any facility specified in section 16 is not provided for the benefit of such migrant workman, such allowance shall be paid, or, as the case may be, the facility shall be provided, by the principal employer within fifteen days of the expiry of the time allowed to the contractor under the rules excepts where otherwise provided for in the relevant rules: Provided that in case of ailment requiring urgent medical attention or hospitalisation as the case may be, the principal employer shall provide the same immediately on the failure of the contractor to do so. ### 47. Relaxation in certain cases.- If the contractor or principal employer, as the case may be, has already provided any facility, relating to supply of wholesome drinking water or rest-rooms or latrines and urinals or washing, canteen or creche or first-aid as required under any Act applicable to the establishment and the same is adequate and also available for use for the migrant workmen, that facility shall be deemed to be provided for under these rules. Chapter VI Registers And Records-collection Of Statistics -------------------------------------------------------------- ### 48. Registers of contractors.- Every principal employer shall maintain in respect of each registered establishment a register of contractors in Form XII. ### 49. Register of persons employed.- Every principal employer and contractor shall maintain in respect of each establishment, where he employees migrant workmen a register in Form XIII. ### 50. Service certificate.- On termination of employment for any reason whatsoever, the contractor shall issue to the migrant workman, whose services have been terminated a service certificate in Form XIV. ### 51. Displacement-cum-outward journey allowances sheet and return journey allowances register.- [(1) Every contractor shall maintain displacement-cum-outward journey allowance sheet in Form XV and return journey allowance register in Form XVI.] [ Substituted by G.S.R. 932(E) , dated 25.11.1987.] (2) Entries in the sheet and the register required to be maintained under sub-rule (1) shall be authenticated by the contractor or his duly authorised representative. ### 52. Muster roll, wages register, deductions register and overtime register.- (1) In respect of establishments which are governed by the Payment of Wages Act, 1936 and the rules made thereunder or the Minimum Wages Act, 1948 and the rules made thereunder or, Contract Labour (Regulation and Abolition) Act, 1970 and the rules made thereunder, the following registers and records required to be maintained by the contractor as employer under those Acts and the rules shall be deemed to be registers and records to be maintained by the contractor under these rules:- (a) muster roll; (b) register of wages; (c) register of deductions; (d) register of fines; (e) register of overtime; (f) register of advances. (2) In respect of establishment not covered by any of the Acts or the rules referred to in sub-rule (1), the following provisions shall apply, namely:- (a) Every contractor shall maintain a Muster Roll Register and a Register of Wages in Forms XVII and XVIII respectively. (b) Signature or thumb-impression of every migrant workman on the register of wages shall be obtained and entries therein shall be authenticated by the signature of the contractor or his authorised representative and duly certified by the authorised representative of the principal employer as required by rule 35. (c) Register of deduction, register of fines and register of advances-register of deduction for damage or loss, register of fines and register of advances shall be maintained by every contractor in Forms XIX, XX and XXI respectively. (d) Every contractor shall maintain register of overtime in Form XXII. (3) Notwithstanding anything contained in these rules where a combined or alternative form is sought to be used for the contractor to avoid duplication of work for compliance with the provisions of any other Act or the rules framed thereunder or any other laws or regulations or in cases where mechanised pay-rolls are introduced for better administration, alternative suitable form or forms in lieu of any of the forms prescribed under these rules, may be used with the previous approval of the Deputy Chief Labour Commissioner (Central). ### 53. Maintenance and preservation of registers.- (1) All registers and other records required to be maintained under the Act and rules, shall be maintained complete and up-to-date, and, unless otherwise provided for, shall be kept at an office of the nearest convenient building within the precincts of the work place or at a place, if any, specified by the Inspector on the specific request made by the contractor in this behalf. (2) All the registers shall be maintained legibly in English or Hindi. (3) All the registers and other records shall be preserved in original for a period of three calendar years from the date of last entry made therein. (4) All the registers, records and notices maintained under the Act or rules shall be produced on demand before the Inspector or Deputy Chief Labour Commissioner (Central) or any other authority under the Act or any person authorised in that behalf by the Central Government. (5) Where no deduction or fine has been imposed or no overtime has been worked during any wage period, a `Nil' entry shall be made across the body of the register at the end of every wage period indicating also in precise terms the wage period to which the `Nil' entry relates in the respective registers maintained in Forms XIX, XX and XXI, respectively. ### 54. Display of an abstract of the Act and the rules.- Every contractor shall display an abstract of the Act and the rules in English and Hindi and in language spoken by majority of migrant workmen in such form as may be approved by the Deputy Chief Labour Commissioner (Central) . ### 55. Notices.- (1) (i) Notices showing the rates of wages, hours of work, wage periods, dates of payment of wages, names and addresses of the Inspectors having jurisdiction, and date of payment of unpaid wages, shall be displayed in English and in Hindi and in the local language understood by the majority of the workers in conspicuous places at the establishment and the work-site by the principal employer or the contractor, as the case may be. (ii) The notices shall be correctly maintained in a clean and legible condition. (2) A copy of the notice shall be sent to the Inspector and whenever any changes occur, the same shall be communicated to him forthwith. ### 56. Periodical returns.- (1) Every contractor shall send half yearly return in Form XXIII (in duplicate) so as to reach the licensing officer concerned not later than thirty days from the close of the half year. Note.-Half year for the purpose of this rule means "a period of six months commencing from the 1st January and 1st July every year". (2) Every principal employer of a registered establishment shall send annually a return in Form XXIV (in duplicate) so as to reach the registering officer concerned not later than the 15th February following the end of the year to which it relates. ### 57. (1) The Deputy Chief Labour Commissioner (Central) or the Inspector or any other authority under the Act shall have powers to call for any information or statistics in relation to migrant workmen from any contractor or principal employer at any time by an order in writing. (2) Any person called upon to furnish the information under sub-rule (1) shall be legally bound to do so. Chapter VII Legal Aid To Migrant Workman --------------------------------------------- ### 58. Legal aid.- On receipt of a written application from migrant workman or in the event of his death, from next of his kin for providing legal aid in relation to any proceedings before the Authority under section 15 of the Payment of Wages Act, 1936 or Authority under section 20 of the Minimum Wages Act, 1948 or appropriate Labour Court under section 33-C (2) of the Industrial Disputes Act, 1947 or Commissioner for Workmen's Compensation under the Workmen's Compensation Act, 1923, in which the migrant workman or his legal heir is a party, the specified authority concerned, if he is satisfied, may with the prior approval of the Deputy Chief Labour Commissioner (Central) engage an advocate to conduct the relevant proceedings on behalf of the migrant workman or his legal heir as the case may be and meet all legal expenses in this regard. [Chapter VIII] [Added by G.S.R. 316(E) , dated 25.2.1986 (w.e.f. 25.2.1986).] Appeal ### 59. (1) Any person aggrieved by an order made under proviso to clause (vii) of sub-rule (2) of rule 11, rule 25, sub-rule (2) of rule 36, and sub-rule (6) of rule 45, within 30 days from the date on which order is communicated to him, may prefer an appeal to the Chief Labour Commissioner (Central): Provided that the Chief Labour Commissioner (Central) may entertain the appeal after the expiry of the period of 30 days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. (2) On receipt of an appeal under sub-rule (1), the Chief Labour Commissioner (Central) shall after giving the appellant an opportunity of being heard, dispose of the appeal as expeditiously as possible. Form I [See rule 3(l) ] Application For Registration Of Establishments Employing Migrant Workmen ### 1. Name and location of the establishment. ### 2. Postal Address of the establishment. ### 3. Full name and address of the principal employer (furnish father's/husband's name in the case of individuals). ### 4. Names and addresses of the directors/particular partners (in case of companies and firms). ### 5. Full name and address of the Manager or person responsible for the supervision and control of the establishment. ### 6. Nature of work carried on in the establishment. ### 7. Particulars of contractors and migrant workmen. (a) Names and addresses of contractoRs. (b) Nature of work for which migrant workmen are to be recruited or are employed. (c) Maximum number of migrant workmen to be employed on any day through each contractor. (d) Establishment date and commencement of work under each contractor. (e) Estimated date of termination of employment of migrant workmen under each contractor. ### 8. Particulars of crossed demand draft.........................(Name of the Bank, Amount, Number and Date) I hereby declare that the particulars given above are true to the best of my knowledge and belief. Principal Employer Seal and Stamp Office of the Registering Officer Date of receipt of application: Form II [See rule 4 (1) ] Certificate Of Registration Date............................... Government Of India Office of the Registering Officer A certificate of registration containing the following particulars is hereby granted under clause (a) of sub-section (2) of section 4 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and tile rules made thereunder to............. ### 1. Nature of work carried on in the establishment. ### 2. Names and addresses of the contractoRs. ### 3. Nature of work for which migrant workmen are to be employed or are employed. ### 4. Maximum number of migrant workmen to be employed on any day through each contractor. ### 5. Other particulars relevant to the employment of migrant workmen. (i) (ii) ............................................................ Signature of Registering Officer with Seal Form III [See rule (2) ] Register Of Establishment | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Registration No. and date | Name and address of the establishment registered | Name of the Principal Employer and his address | Type of business, trade, industry, manufacture or occupation, which is carried on in the establishment | Maximum No. of migrant workmen directly employed on any day | | (1) | (2) | (3) | (4) | (5) | (6) | | | | | | | | | | | | | | | | | | --- | | Particulars of Contractor and Inter-State migrant workmen | | Name and address of contractor | Nature of work for which migrant workmen are to be recruited or are employed | Maximum No. of migrant workmen employed on any day through a contractor | Probable duration of employment of migrant workmen | Remarks | | (7) | (8) | (9) | (10) | (11) | Form IV [See rule 7 (1) ] Application For License For Recruitment ### 1. Name and address of the contractor (including his father's/husband's name in case of individuals.) ### 2. Date of birth and age (in case of individuals). ### 3. Particulars of establishment where migrant workmen are to be employed: (a) Name and address of the establishment; (b) Type of business, trade, industry, manufacture or occupation, which is carried on in the establishment; (c) Number and date of certificate of registration of the establishment under the Act; (d) Name and address of the principal employer. ### 4. Particulars of migrant workmen: (a) Nature of work in which migrant workmen are employed or are to be employed in the establishment. (b) Duration of the proposed contract work (give particulars of proposed date of commencing and ending). (c) Name and address of the agent or manager of the contractor at the work-site. (d) Maximum number of migrant workmen proposed to be employed in the establishment on any date. (e) Names and addresses of the directors/partners (in case of companies and firms). (f) Name(s) and addresse(es) of the person(s) in-charge of and responsible to the company/firm, for the conduct of the business of the company/firm, as the case may be. ### 5. Whether the contractor was convicted of any offence within the preceding five yeaRs. If so, give details. ### 6. Whether there was any order against the contractor revoking or suspending licence or forfeiting security deposits in respect of an earlier contract. If so, the date of such order. ### 7. Whether the contractor has worked in any other establishment within the past five yeaRs. If so, drive details of the principal employer, establishment, and nature of work. ### 8. Whether a certificate by the principal employer in Form V is enclosed. ### 9. Amount of licence fee paid........No. of crossed demand draft and date. ### 10. Amount of security deposit, if any. Declaration I hereby declare that the details given above are correct to the best of my knowledge and belief. Place...................................... Date....................................... ............................................ Signature of the Applicant (Contractor) Note. - The application should be accompanied by a crossed demand draft showing the payment of the prescribed licence fee and security deposit, if any and a certificate in Form V from the Principal Employer. (To be filled in the office of the Licensing Officer) Date of receipt of the application with crossed demand draft for fees. ..................................................... Signature of the Licensing Officer Form V [See rule 7 (2) ] Application For License For Employment ### 1. Name and address of the contractor (including his father's/husband's name in case of individuals.) ### 2. Date of birth and age (in case of individuals) ### 3. Particulars of establishment where migrant workmen are to be employed: (a) Name and address of the establishment; (b) Type of business, trade, industry, manufacture or occupation, which is carried on in the establishment; (c) Number and date of certificate of registration of the establishment under the Act; (d) Name and address of the principal employer. ### 4. Particulars of migrant workmen: (a) Nature of work in which migrant workmen are employed or are to be employed in the establishment. (b) Duration of the proposed contract work (give particulars of proposed date of commencing and ending). (c) Name and address of the agent or manager of the contractor at the work-site. (d) Maximum number of migrant workmen proposed to be employed in tile establishment on any date. (e) Names and addresses of the Directors/Partners (in case of companies and firms). (f) Name(s) and addresse(es) of the person(s) in charge of and responsible to the company/firm for the conduct of the business of the company/firm, as the case may be. ### 5. Whether the contractor was convicted of any offence within the preceding five years. If so, give details. ### 6. Whether there was any order against the contractor revoking or suspending licence or forfeiting security deposits in respect of an earlier contract. If so, the date of such order. ### 7. Whether the contractor has worked in any other establishment within the past five yeaRs. If so, give details of the principal employer, establishment, and nature of work. ### 8. Whether a certificate by the principal employer in Form V is enclosed. ### 9. Amount of licence fee paid......................No. of crossed demand draft and date. ### 10. Amount of security deposit, if any. Declaration I hereby declare that the details given above are correct to the best of my know ledge and belief. Place............................... Date................................ .................................................... Signature of the applicant (Contractor) Note. - The application should be accompanied by a crossed demand draft showing the payment of the prescribed fee and security deposit, if any and a certificate in Form VI from the principal employer. (To be filled in the office of the Licensing Officer) Date of receipt of the application with crossed demand draft for fees. ................................................... Signature of the Licensing Officer Form VI [See rule 7(3) ] Form Of Certificate By Principal Employer Certified that I have engaged the applicant (Name of the contractor) as a contractor in my establishment. I undertake to be bound by all the provisions of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 and the Inter State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980 in so far as the provisions are applicable to me in respect of the employment of migrant workmen by the applicant in my establishment. Place............. Date.............. .................................................... Signature of principal Employer Name and address of establishment Form VII [See rule 10(2) ] Application For Adjustment Of Security Deposit | | | | | | | | --- | --- | --- | --- | --- | --- | | Name and address of the Contractor | Number and date of application for fresh license. | Date of expiry of previous license | Whether the previous license of the contractor was suspended or revoked | Number and date of crossed demand draft of security deposit in respect of the previous license | Amount of previous security deposit | | 1 | 2 | 3 | 4 | 5 | 6 | | | | | | | | | --- | --- | --- | --- | --- | --- | | Amount of security deposit for fresh license | Number and date of crossed demand draft of the balance security deposit deposited with the fresh application | Number and date of certificate of registration of the establishment in relation to which the fresh license is applied for | Name and address of the principal employer | Particulars of fresh application | Remarks | | 7 | 8 | 9 | 10 | 11 | 12 | Place .............................................. Date ............................................... ................................................. Signature of applicant Form VIII [See rule 11(1) ] Government Of India Office of licensing Officer | | | | | --- | --- | --- | | License No.............................. | Dated.................................... | Fee paid Rs.............................. | License Licence is hereby granted to....................... under section 8(l) of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 subject to the conditions specified in the annexure. ### 2. This license is for doing the work of (nature of work to be indicated) in the establishment of (name of principal employer to be indicated) at (place of work to be indicated). ### 3. The licence shall remain in force till (date to be indicated). .................................................. Signature and Seal of licencing Officer. Renewal (See rule 14) | | | | | --- | --- | --- | | Date of renewal | Fee paid for renewal | Date of expiry. | | 1. 2. 3. | | | Date......................................... ........................................................ Signature and Seal of licensing Officer. Annexure The licence is subject to the following, conditions: - ### 1. The licence shall be non-transferable. ### 2. The number of workmen employed as migrant workmen in the establishment shall not, on any day, exceed the maximum number specified in the application for licence. ### 3. Save as provided in these rules the fees paid for the grant or as the case may be, for renewal of licence shall be non-refundable. ### 4. The rates of wages payable to the migrant workmen by the contractor shall not be less than the rates prescribed under the Minimum Wages Act, 1948, for such employment where applicable, and where the rates have been fixed by agreement, settlement or award, not less than the rates so fixed. ### 5. (a) In case where the migrant workmen employed by the contractor perform the same or similar kind of work as the workmen directly employed by the principal employer of the establishment, the wage rates, holidays, hours of work and other conditions of service of the migrant workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work: Provided that in the case of any disagreement with regard to the type of work, the same shall be decided by the Deputy Chief Labour Commissioner (Central) [\*\*\*] [ Omitted by G.S.R. 316 (E) , dated 25-2-1986 (w.e.f. 25-2-1986)] ; (b) In other cases the wage rates, holidays, hours of work, and conditions of service of the migrant workmen of the contractor shall be such as prescribed in these rules. ### 6. Every migrant workmen shall be entitled to allowances benefits, facilities, etc., as prescribed in the Act and these rules. ### 7. No female migrant workman shall be employed by any contractor before 6 a.m. or after 7 p.m.: Provided that this clause shall not apply to the employment of female migrant workmen in pit head baths, creches and canteens and as midwives and nurses in hospitals and dispensaries. ### 8. The contractor shall notify any change in the number of migrant workmen or the conditions of work to the Licensing Officer. ### 9. The contractor shall comply with all the provisions of the Act and these Rules. ### 10. A copy of licence shall be displayed prominently at the premises where the migrant workmen are employed. Form IX [See rule 15(2) ] Application For Renewal Of License ### 1. Name and address of the contractor. ### 2. Number and date of the Licence. ### 3. Date of expiry of the previous licence. ### 4. Whether the licence of the Contractor was suspended or revoked. ### 5. Number and date of the crossed demand draft enclosed. Place.................................... Date..................................... ........................................................ Signature of the applicant (To be filled in the Office of the licensing Officer) Date of receipt of the application with crossed demand draft No. and date. ........................................................... Signature of the licensing Officer Form X (See rule 21) Form In Which To Furnish Particulars In Respect Of Recruitment And Employment Of Migrant Workman/workman As Prescribed Under Sub-Rule (1) Of Rule 21, To The Authorities Specified Under The Explanation Below Sub-Section (2) Of Section 12 Of Inter-State Migrant Workmen (Regulation Of Employment And Conditions Of Service) Act, 1979. ### 1. Name and address of the contractor............................................................................................................................................................................ ### 2. Name and address of the sub-contractor through whom recruitment has been made ............................................................................................ ### 3. Name and address of the establishment............................... ### 4. Name and address of the Principal Employer.......................... ### 5. Name of the State in which the place of work is located............................................. ### 6. Name of the State in which recruitment was made..................... | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of migrant workman. | Father's/Husband's Name | Sex | Age | Permanent home address | Name and address of the next of kind of the migrant workman | Place and address of residence in the home State | Amount of displacement allowance paid | Amount of outward journey allowance paid | Amount of wages for outward journey period paid | Nature of job, required to be performed | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | | | | | | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | | Date of recruitment | Date of employment | Details of rates of wages and other allowances payable | Period of contract of employment | Details of other service conditions | Remarks | | 13 | 14 | 15 | 16 | 17 | 18 | ...................................................................................... Signature of Contractor or his authorised representative Date ................................................................................. Submitted to (1) ................................................... (Specified authority in the State from which the migrant workman/workmen is/are employed). (2) ................................................... ...................................................... (Specified authority in the State in which migrant workman/workmen has/have been recruited.) Copy forwarded to ............................................. (The Principal Employer) ....................................................................................... Signature of the Contractor or his authorised representative. Date............................................................................ Note. - In case where migrant workmen concerned have been recruited from more than one State, separate returns shall be submitted in respect of each such State. Form XI (See rule 24) Return To Be Sent By The Contractor To The Authorities Specified Under Explanation Below Sub-Section (2) Of Section 12 Of Inter-State Migrant Workmen (Regulation Of Employment And Conditions Of Service) Act, 1979 ### 1. Name and address of the Contractor................................... ### 2. Name and address of the sub-contractor through whom recruitment has been made.......................................... ### 3. Name and address of the establishment................................ ### 4. Name and address of the Principal Employer........................... ### 5. Name of the State in which the place of work is located.............. ### 6. Name of the State in which recruitment was made...................... | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Serial No. | Name of migrant workman | Father's/Husbands name | Sex | Designation | Age | Permanent home address indicating the State | Place and address of residence in home State | Date of employment | Date on which ceased to be employed | Total days worked | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Details of rates of wages and other allowances paid. | Amount of displacement allowances paid. | Amount of outward journey allowances wages for outward journey paid. | Amount or return journey allowances and wages for return journey paid | Total wages paid. | Details of compensation and other allowances. | Amount of deductions, if any. | Amount of advance, if any paid. | Amount of advance, if any recovered. | Remarks | | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | Declaration I/We herby declare that all wages, other dues including displacement allowance, outward return journeys allowances and wages for journeys period payable to migrant workman/workmen named above and employed by me/us have been paid by me/us to him/them. Place............................ Date............................. ...................................................... Signature of the Contractor or his authorised representative Submitted to (1) ........ ................... (Specified authority in the State in which migrant workman/workmen is/are employed). (2) .............................. ................................. (Specified authority in the State in which migrant workman/workmen has/have been recruited.) Copy forwarded to ........................... (The Principal Employer) ........................................................ Signature of the Contractor or his authorised representative. Date........................................................ Note. - In case where migrant workmen concerned have been recruited from more than one State, separate returns shall be submitted in respect of each such State. Form XII (See rule 48) Register Of Contractors ### 1. Name and address of the Principal Employer............................................................. ### 2. Name and address of the establishment........................................................................ | | | | | | | --- | --- | --- | --- | --- | | Name and address of contractor | Nature of work on contract | Location of contract work | Period of contract FromTo | Maximum No. of migrant workmen employed by contractor | Form XIII (See rule 49) Register Of Workmen Employed By Contractor Name and address of the contractor.................................................................................. Name and address of the establishment...................................... Name and address of establishment in/under which migrant workmen are employed.......................................................... Name and address of principal employer....................................... | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Sl. No. | Name and surname of migrant workman | Age and sex | Father's/Husband's Name | Nature of employment/designation | Permanent home address of migrant workmen (Village and Tahsil/Talik and District) | Local address | Date of commencement of employment | Signature or thumb-impression of migrant workman | Date of termination of employment | Reasons for termination | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | .......................................................... Signature of Contractor or his authorised representative. Form XIV (See rule 50) Service Certificate Name and address of Contractor...................................... Nature and location of work......................................... Name and address of the migrant workman............................. Age or date of birth................................................ Identification marks................................................ Father's/Husband's name............................................. Name and address of establishment in/under which migrant workmen are employed........................................ Name and address of principal employer.............................. | | | | | | | --- | --- | --- | --- | --- | | Sl. No. | Total period for which employed FromTo | Nature of work done | Rate of wages (with particulars of unit case of piece-work) | Remarks | | (1) | (2) | (3) | (4) | (5) | (6) | | | | | | | | ................................................. Signature of the Contractor or his authorised representative. Form XV [See rule 51(1) ] Displacement And Outward Journey Allowance Sheet Name and address of the contractor......................................... Name and address of the principal employer................................. Name and address of the establishment...................................... Month and Year............................................................. | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | SlNo. | Name of the migrant workman | Father's/Husband's name | Permanent home address indicating the State | Place and address of residence in the home State | Designation | Rate of wages | Wages payable in a month | Place of recruitment | Place of work with address indicating the State | Railway Station/Bus Stand nearest to the place of residence | Railway station/Bus Stand nearest to the place of work | Date and time of commencement of journey from the place of residence | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | | | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Expected date and time of arrival at the place of work. | Details of modes of journeys from the place of residence in the home State to the place of work. | Amount of bus fare and/or second-class train fare and/or other journey expenses separately as the modes of journey indicated in column 15 | Total of amount indicated in column No. (16) | Amount of displacement allowance. | Amount of outward journey allowance. | Wages for outward journey period. | Total amount paid. | Date on which paid. | Signature or thumb-impression of the migrant workman. | Actual date and time of arrival at the place of work. | Balance wages for outward journey, if any payable. | Date of payment of the balance wages indicated in column (25) | Signature of thumb-impression of the migrant workman. | Remarks. | | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | 28 | Note. - Indicate separately different mode of journeys. Entries are to be made against each individual migrant workman. ............................................................................................... Signature of the Contractor or his authorised representative. Date..................................................................................... Form XVI (See rule 51 (1) ] Return Journey Allowance Register Name and address of the Contractor............................. Name and address of the Principal Employer..................... Name and address of the establishment.......................... Month and Year................................................. | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Sl No. | Name of the migrant workman | Father's/Husband's name | Permanent home address indicating the State | Place and address of residence in home State | Designation | Rate of wages | Place of work | Railway Station/Bus Stand | Railway Station/Bus Stand nearest to the place of residence in the home State | Date and time of commencement of journey from the place of work | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Expected date and time of arrival at the residence in the home State. | \*Expected of modes of journeys from the place of work to place of residence in the home State. | Amount of bus fare and/or second-class train fare and/or other journey expenses separately as per expected modes of journey indicated in column (13) | Total of amount indicated in column No. (14) | Amount of return journey allowance | Wages for return journey period | Total amount paid. | Date on which paid. | Signature or thumb-impression of the migrant workman | Remarks | | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | \*Indicate separately different modes of journey. Note. - Entries are to be made against each individual inter-State migrant workman. ........................................................ Signature of the Contractor or his authorised representative. Date............................................... Form XVII [See rule 52 (2) (a)] Muster Roll Name and address of Contractor........................................... Nature and location of work............................................... Name and address of establishment in/under which inter-State migrant workmen are employed............................................ Name and address of principal employer.................................... For the month of......................................................... | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of Migrant workman | Father's/Husbands name | Sex | Dates 12345 | Remarks | | 1 | 2 | 3 | 4 | 5 | 6 | | | | | | | | Form XVIII [See rule 52 (2) (a)] Register Of Wages Name and address of Contractor......................................................................................................................................................................... Nature and location of work.................................................................................................................................................................................... Name and address of establishment in/under, which inter-State Migrant Workmen, are employed........................................................... Name and address of Principal Employer.......................................................................................................................................................... Wage period........................................................................................................................................................................................................... | | | | | | | | --- | --- | --- | --- | --- | --- | | Serial No. | Name of inter-State migrant workman | Serial No. in the register of workmen | Designation/nature of work | Number of days worked | Units of work done | | 1 | 2 | 3 | 4 | 5 | 6 | | | | | | | | | | | | --- | --- | | Daily rate of wages/piece-rate | Amount of wages earned | | | Basic wages | Dearness allowance | Overtime | Other cash payments (nature of payment to be indicated) | Total. | | 7 | 8 | 9 | 10 | 11 | 12 | | | | | | | | | | | | | | --- | --- | --- | --- | | Deductions, if any (indicate nature) | Net amount paid | Signature/Thumb-impression of Inter-State Migrant workman | Initials of Contractor or his authorised representative | | 13 | 14 | 15 | 16 | | | | | | Form XIX [See rule 52 (2) (c)] Register Of Deduction For Damage Or Loss Name and address of Contractor...................................................................................................................................................... Nature and location of work................................................................................................................................................................ Name and address of establishment in/under which inter-State migrant workmen are employed.......................................................................... Name and address of principal employer...................................................................................................................................................................... | | | | | | | --- | --- | --- | --- | --- | | Sl. No. | Name of inter-state migrant workman. | Father's/Husband's name | Designation/nature of employment | Particulars of damage or loss | | 1 | 2 | 3 | 4 | 5 | | | | | | | | | | | | | --- | --- | --- | --- | | Date of damage or loss | Whether inter-state migrant workman showed cause against deduction | Name of person in whose presence employee's explanation was heard | Amount of deduction imposed | | 6 | 7 | 8 | 9 | | | | | | | | | | | --- | --- | --- | | Number of installments | Date or recovery First InstalmentLast instalment | Remarks | | 10 | 11 | 12 | | | | | Form XX [See rule 52 (2) (c)] Register Of Fines Name and address of Contractor.......................................................................................................................................................................................... Nature and location of work.................................................................................................................................................................................................... Name and address of establishment in/under which inter-State migrant workmen are employed................................................................................ Name and address of principal employer............................................................................................................................................................................ | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of inter-state migrant workman | Father's/Husband's name | Designation/Nature of employment | Act/Omission for which fine imposed | Date of offence | | 1 | 2 | 3 | 4 | 5 | 6 | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | | Whether inter-state migrant workman showed cause against fine | Name of person in whose presence employee's explanation was heard | Wages periods and wages payable | Amount of fine imposed | Date on which fine realised | Remarks | | 7 | 8 | 9 | 10 | 11 | 12 | | | | | | | | Form XXI [See rule 52 (2) (c)] Register Of Advances Name and address of Contractor....................................... Nature and location of work.......................................... Name and address of establishment in/under which inter-State migrant workmen are employed......................................... Name and address of principal employer............................... | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of inter-state migrant workman | Father's/Husband's name | Nature of Employment/Designation | Wage period and wages payable | Date and amount of advance given | | 1 | 2 | 3 | 4 | 5 | 6 | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | | Purpose(s) for which advance made | No. of installments by which advance to be repaid | Date and amount of each instalment repaid | Date on which last instalment was repaid | Remarks | | 7 | 8 | 9 | 10 | 11 | Form XXII [See rule 52(2) d)] Register Of Overtime Name and address of Contractor............................................................................................................................................................ Nature and location of work........................................................................................................................................................................ Name and address of establishment in/under which inter-State migrant workmen are employed.......................................................................... Name and address of principal employer.............................................................................................................................................. | | | | | | | | --- | --- | --- | --- | --- | --- | | Sl. No. | Name of inter-state migrant workman | Father's/Husband's name | Sex | Designation/nature of employment | Date on which overtime worked | | 1 | 2 | 3 | 4 | 5 | 6 | | | | | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | | Total overtime worked for production in case of piece-rated | Normal rates of wages | Overtime rate of wages | Overtime earnings | Date on which overtime wages paid | Remarks | | 7 | 8 | 9 | 10 | 11 | 12 | | | | | | | | Form XXIII [See rule 45 (1) ] Return To Be Sent By The Contractor To The Licensing Officer Half-Year Ending .................................... ### 1. Name and address of the Contractor.................................. ### 2. Name and address of the establishment............................... ### 3. Name and address of the principal employer.......................... ### 4. Duration of contract: From.................... To................... ### 5. Number of days during the half-year on which- (a) The establishment of the Principal Employer had worked.................................................... (b) The contractor's establishment had worked............................................................................ ### 6. Maximum number of interstate migrant workmen employed on any day during the half-year : | | | | | | --- | --- | --- | --- | | Men | Women | Children | Total | ### 7. (i) Daily hours of work and spread over: (ii) (a) Whether weekly holiday observed and on what day (b) If so, whether it was paid for: (iii) Number of manhours of overtime worked : ### 8. Number of mandays worked by : | | | | | | --- | --- | --- | --- | | Men | Women | Children | Total | ### 9. Amount of wages paid: | | | | | | --- | --- | --- | --- | | Men | Women | Children | Total | Note: Wages shall not include wages for periods of outward and return journeys. ### 10. Amount of deduction from wages if any : ### 11. Amount of displacement allowance paid : | | | | | | --- | --- | --- | --- | | Men | Women | Children | Total | ### 12. Amount of outward journey allowance paid: | | | | | | --- | --- | --- | --- | | Men | Women | Children | Total | ### 13. Amount of wages for outward journeys period paid | | | | | | --- | --- | --- | --- | | Men | Women | Children | Total | ### 14. Amount of return journeys allowance paid-: | | | | | | --- | --- | --- | --- | | Men | Women | Children | Total | ### 15. Amount of wages for return journeys period paid : | | | | | | --- | --- | --- | --- | | Men | Women | Children | Total | ### 16. Whether the following have been provided :- (i) Residential accommodation; (ii) Protective clothing; (iii) Canteen; (iv) Rest room; (v) Latrine and urinals; (vi) Drinking water; (vii) Creche (viii) Medical Facilities; (ix) First aid. (If the answer is "Yes", state briefly nature/standards provided) Place.................................................. Date................................................... ........................................ Signature of Contractor Form XXIV [See rule 56 (2) ] Annual Return Of Principal Employer To Be Sent To The Registering Officer Year ending 31st December................................ ### 1. Full name and address of the Principal Employer: ### 2. Name of establishment: (a) District: (b) Postal Address (c) Nature of operation/industry/work carried on ### 3. Full name of the Manager or persons responsible for supervision and control of the establishment. ### 4. Number of contractors who worked in the establishment during the year (Give details in Annexure). ### 5. Nature of work/operations on which migrant workman was employed. ### 6. Total number of days during the year on which migrant workman was employed. ### 7. Total number of mandays worked for by migrant workman during the year. ### 8. Maximum number of workmen employed directly on any day during the year. ### 9. Total number of days during the year on which direct labour was employed. ### 10. Total number of man-days worked by directly employed workmen. ### 11. Change, if any, in the management of the establishment, its location, or any other particulars furnished to the Registering Officer in the application for Registration indicating also the dates. Place............................................ Date............................................. ....................................... Principal employer Annexure To Form | | | | | | | | --- | --- | --- | --- | --- | --- | | Name and address of the contractor | Period of contract FromTo | Nature of work | Maximum number of workers employed by each contractor | Number of days worked | Number of man days worked | | 1 | 2 | 3 | 4 | 5 | 6 | | | | | | | |

65bac414ab84c7eca86ec780

acts

State of Jammu-Kashmir - Act ------------------------------ The Prevention of Corruption Ordinance, 2001 ---------------------------------------------- JAMMU & KASHMIR India The Prevention of Corruption Ordinance, 2001 ============================================== Act 4 of 2001 --------------- * Published on 1 January 2001 * Commenced on 1 January 2001 The Prevention of Corruption Ordinance, 2001 (Ordinance No. 4 of 2001) [Promulgated by His Highness under section 5 of the Jammu and Kashmir Constitution Act, 1996 and published in Government Gazette dated 16th Bhadon 2001.] Preamble. - Whereas it is expedient to make better provisions for the prevention of corruption among public servants. Now, therefore, in exercise of the inherent powers reserved to His Highness by section 5 of the Jammu and Kashmir Constitution Act, 1996, His Highness is pleased to issue the following Ordinance :- ### 1. Short title, extent and commencement. (1) This Ordinance may be called the Prevention of Corruption Ordinance, 2001. (2) It shall extend to the whole of the State of Jammu and Kashmir. (3) It shall come into force at once. ### 2. Definitions. - In this Ordinance, unless there is anything repugnant in the subject or context,- (a) the expression "public servant" means a person who is, or at any time was, in the service of the State of Jammu and Kashmir; and (b) the expression "property" includes any interest in property, movable or immovable, and the proceeds of sale thereof and any money or investment which for the time being represents the proceeds of sale. ### 3. Appointment of Commission of Inquiry. - Whenever it appears to [the Governor] [Substituted by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965 (for earlier amendment see Act X of 2010).] that there are reasonable grounds for believing that any person acquired any property by unlawful means or is in possession of any property which was so acquired in the same or any other from, [the Governor] [Substituted by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965 (for earlier amendment see Act X of 2010).] may appoint a Commission to inquire into and report upon the matter as hereinafter provided. ### 4. Particulars to be incorporated in the order of appointment. - The order of appointment shall incorporate, as far as can be ascertained, the following particulars:- (i) the name and address of the public servant; (ii) the period during which he has been or was in the service of the State ; (iii) the property to which the inquiry is to relate and its amount or value; ### 5. Composition of Commission. (1) The Commission shall consist of one person or of three persons as [the Governor] [Substituted by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965 (For earlier amendment see Act X of 2010.)] may decide. (2) Where the Commission consists of only one person, that person; and where the Commission consists of three persons, the President of the Commission shall be either a Judge of the High Court of Judicature, Jammu and Kashmir State, hereinafter referred to as "the High Court" ora person qualified for appointment as such. ### 6. Powers of Commission. - The Commission shall have the same powers as the High Court to enforce the attendance of witness, to call for documents, to take evidence on oath, to issue commissions, to punish contempts and generally to do all things necessary for the purposes of the inquiry: Provided that all processes issued by the Commission shall be sent for service or execution to the nearest District Judge who shall thereupon to serve or execute them as if duly issued by himself. ### 7. Procedure. - The Commission shall have power- (i) to hold sittings in public or in camera as the ends of justice may require; (ii) to admit or to reject at its absolute discretion any evidence, oral or documentary; and (iii) generally to regulate its procedure in all respects : Provided that the public servant concerned shall in every case be given an opportunity of proving that he acquired the property in question by lawful means. ### 8. Report of Commission. (1) Upon the conclusion of the inquiry, the Commission shall submit its report to [the Governor] [Substituted by the Constitution of Jammu and Kashmir (Sixth Amendment) Act. 1965 (For earlier amendment see Act X of 2010.)] through the [Chief Minister] [Substituted by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965 (For earlier amendment see Act X of 2010.)] , (2) If the Commission consists of three persons, and they do not all agree, the report shall embody the opinion of the majority. (3) The report shall state whether and to what extent the public servant concerned has succeeded in proving that the property in question was acquired by him by lawful means. ### 9. Orders upon the report. (1) If it appears from the report that the public servant concerned has not succeeded in proving that he acquired that property in question or a portion thereof, by lawful means, [the Governor] [Substituted by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965 (For earlier amendment see Act X of 2010.)] may, in either case,- (a) pass such orders (including an order of confiscation) as he thinks fit for the disposal of the property or of that portion, as the case may be ; (b) impose upon the public servant any of the penalties specified in rule 30 of the [Kashmir Civil Service Rules] [Now the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956.] ; (c) order whether and to whether and to what extent the costs of the inquiry should be recovered from the public servant. (2) any sum recoverable from the public servant as cost under subsection (1) shall be recovered from him under the provisions of the Code of Criminal Procedure as if it were a fine. ### 10. Protection of action taken under the Ordinance. - Nothing done or purporting to have been done under this Ordinance shall be called in question in any Court.

65b9abfcab84c7eca86e994d

acts

UT Chandigarh - Act --------------------- THE PUNJAB MUNICIPAL CORPORATION LAW (EXTENSION TO CHANDIGARH) ACT, 1994 -------------------------------------------------------------------------- CHANDIGARH India THE PUNJAB MUNICIPAL CORPORATION LAW (EXTENSION TO CHANDIGARH) ACT, 1994 ========================================================================== * Published in Gazette of India on 22 July 1994 * Not commenced 1. [Amended by THE PUNJAB MUNICIPAL CORPORATION LAW (EXTENSION TO CHANDIGARH) AMENDMENT ACT, 2017 (Act 31 of 2017) on 26 August 2017 ] THE PUNJAB MUNICIPAL CORPORATION LAW (EXTENSION TO CHANDIGARH) ACT, 1994 ACT NO. 45 OF 1994 [22nd July, 1994.] An Act to provide for the extension of the Punjab Municipal Corporation Act, 1976 to the Union territory of Chandigarh. 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 Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994. (2) It shall be deemed to have come into force on the 24th day of May, 1994. ### 2. Extension and amendments of Punjab Act 42 of 1976 .– (1) The Punjab Municipal Corporation Act, 1976 is hereby extended to, and shall be in force in, the Union territory of Chandigarh. (2) With effect from the commencement of this Act,― (a) the references, in the Punjab Municipal Corporation Act, 1976 (Pun. Act 42 of 1976 ), to State, authorities, or City mentioned in column 1 of Part I of the Schedule annexed to this Act shall be construed as if references therein to State, authorities, or City respectively mentioned or referred to opposite thereto in column 2 of that Part; (b) the Punjab Municipal Corporation Act, 1976 (Pun. Act 42 of 1976 ) shall be amended as specified in Part II of the Schedule. ### 3. Repeal of Punjab Act III of 1911 and savings.― (1) The Punjab Municipal Act, 1911 in so far as it applies to the Union territory of Chandigarh or any part thereof shall stand repealed on the coming into force of this Act: Provided that the repeal shall not affect― (a) the previous operation of the Punjab Municipal Act, 1911 (Pun. Act III of 1911) so repealed or anything duly done or suffered thereunder, or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said Act so repealed, or (c) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation or liability as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced as if this Act had not been passed: Provided further that, subject to the preceding proviso, anything done or any action taken (including any appointment or delegation made, notification, instruction or direction issued, form or bye-law framed, certificate obtained, permit or licence granted or registration effected) under such Act shall be deemed to have been done or taken under the corresponding provisions of the Act now extended to that Union territory, and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the said Act. (2) In every law or notification passed or issued before the commencement of this Act in which reference is made to or to any Chapter or section or provision of the said Act hereby repealed, such references shall, so far as may be practicable, be taken to be made to the said Act or, their corresponding Chapter or - section. ### 4. Transitory provision.― Notwithstanding anything contained in this Act, the Central Government may, if necessary, appoint a person to be called the Special Officer, to exercise the powers and discharge the functions of the Municipal Corporation of Chandigarh until the day on which the first meeting of the Corporation is held after the commencement of this Act. ### 5. Repeal of Ordinance 7 of 1994 and saving.― (1) The Punjab Municipal Corporation Law (Extension to Chandigarh) Ordinance, 1994 is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act. THE SCHEDULE (See section 2) THE PUNJAB MUNICIPAL CORPORATION ACT, 1976 (PUNJAB ACT 42 OF 1976) Part I – References Constructions ----------------------------------- | | | | --- | --- | | **References** | **Constructions** | | 1 | 2 | | 1. Punjab State | Union territory of Chandigarh | | 2. State of Punjab | | 3. Whole of Punjab State | | 4. Whole of the State of Punjab | | 5. Punjab where it refers to the State of Punjab | | 6. Punjab Government | Administrator | | 7. Government of Punjab | | 8. Government of the State of Punjab | | 9. State Government | | 10. The Government of Punjab | | 11. Government | | 12. Divisional Commissioner | Prescribed authority | | 13. Director | | 14. Associate councillor | | 15. City | Councillor Chandigarh. | Part II – Section 2,― ----------------------- (a) for clause (1), substitute― ‘(1) “Administrator” means the administrator of the Union territory of Chandigarh appointed by the President under article 239 of the Constitution; (1A) “backward classes” means any of the backward classes specified from time to time by the Administrator and whose names are published in the Official Gazette;’; (b) omit clause (6); (c) after clause (7), insert― ‘(7A) “Corporation” means the Municipal Corporation of Chandigarh constituted under this Act;’; (d) after clause (8), insert― ‘(8A) “councillor”, in relation to the Corporation, means a person elected or nominated under sub-section (3) of section 4;’; (e) for clause (10), substitute― ‘(10) “district” means district of Chandigarh covering the entire area of the Union territory of Chandigarh; (10A) “District Planning Committee” means a Committee constituted under article 243ZD of the Constitution;’; (f) omit clause (12); (g) after clause (14), insert― ‘(14A) “Election Commission” means the Election Commission of the Union territory of Chandigarh referred to in section 10;’; (h) after clause (17), insert― ‘(17A) “Finance Commission” means the Finance Commission of the Union territory of Chandigarh referred to in section 84A;’; (i) for clause (23), substitute― ‘(23) “licensed architect”, “licensed engineer” and “licensed plumber” mean respectively a person registered and licensed as architect, engineer and plumber under section 16 of the Capital of Punjab (Development and Regulation) Act, 1952 (Punjab Act XXVII of 1952);’; (j) after clause (26), insert― ‘(26A) “Municipality” means an institution of self-government constituted under article 243Q of the Constitution; (26B) “Municipal area” means the territorial area of the Municipality as is notified by the Administrator under section 3 of the Act;’; (k) after clause (36), insert― ‘(36A) “population” means the population as ascertained at the last preceding census of which the relevant figures have been published;’; (l) after clause (37), insert― ‘(37A) “prescribed authority” means such authority or officer as the Administrator may, from time to time, by order to be published in the Official Gazette, prescribe: Provided that the Administrator may prescribe different authorities or officers for different provisions of this Act;’; (m) for clause (43), substitute― ‘(43) “public street” means any street or the soil below the surface thereof which is specifically vested in the Corporation by an order of the Administrator issued in this behalf;’; (n) for clause (51), substitute― ‘(51) “rural areas” means the areas of the Union territory of Chandigarh which are not urban areas;’; (o) for clause (52), substitute― ‘(52) “Scheduled Caste” means any of the Scheduled Castes specified in Part II of the to the Constitution (Scheduled Castes) (Union territories) Order, 1951;’;(p) for clause (60), substitute― ‘(60) “urban areas” means such areas as the Administrator, may, having regard to the population of the area, density of the population therein, the revenue generated for local administration, the percentage of employment in non-agricultural activities, the economic importance or such other factors as he may deem fit, specify to be urban area by notification in the Official Gazette;’. After section 2, insert― “2A. The application of certain definitions of the Capital of Punjab (Development and Regulation) Act, 1952.―The words used and not defined in this Act but defined in the Capital of Punjab (Development and Regulation) Act, 1952 (Punjab Act XXVII of 1952) shall have the meanings respectively assigned to them in that Act.”. For section 3, substitute― “3. Declaration of area to be municipal area.―(1) For the purposes of this Act, the Administrator shall, by notification, specify such territorial area of the Union territory of Chandigarh to be the Municipal area of the Municipal Corporation of Chandigarh. (2) The Administrator may, from time to time, after consultation with the Corporation, by notification, alter the limit specified under sub-section (1) so as to include therein or to exclude therefrom such area as may be specified in the notification. The Corporation shall send its views to the Administrator within a period of three months of the date on which it is first consulted. (3) The power to issue a notification under sub-section (2) shall be subject to the condition of previous publication. (4) When the limits specified under sub-section (1) are altered so as to include therein any area, this Act and, except as the Administrator may otherwise by notification direct, all rules, notifications, bye-laws, orders, directions and powers made, issued or conferred and all taxes and fees imposed under this Act and in force throughout the area specified under sub-section (1) shall apply to such included area.”. Section 4,― (a) for sub-section (1), substitute― “(1) For the purposes of carrying out the provisions of this Act, there shall be a corporation charged with the municipal government, to be known as the Municipal Corporation of Chandigarh.”; (b) in sub-section (2), for “Every”, substitute “The”; (c) for sub-section (3), substitute― “(3) The Corporation shall be composed of the following members, namely:― (i) members to be directly elected, representing wards; (ii) nine members with voting rights to be nominated by the Administrator, from amongst the persons who are eminent or distinguished in public affairs or those who have special knowledge or practical experience in respect of [municipal administration; and] (iii) the member of House of the People representing the constituency which comprises wholly or partly, the municipal area, with the right to vote.] Section 5.―In sub-section (2) ,― (i) in the first proviso, for “forty and more than fifty”, substitute “twenty”; (ii) omit second proviso. For section 6, substitute― “6. Reservation of seats for women, Scheduled Castes and backward classes.― (1) Seats shall be reserved for women belonging to the Scheduled Castes, from amongst the seats reserved under sub-section (4) of section 5 for the Scheduled Castes, the number of such seats being determined by the Administrator by an order published in the Official Gazette, which shall not be less than one-third of the total number of seats reserved for the Scheduled Castes. (2) Seats shall be reserved for women, the number of such seats being determined by an order published in the Official Gazette by the Administrator which shall not be less than one-third (including the number of seats reserved for women belonging to the Scheduled Castes) of the total number of seats to be filled up by direct election: Provided that the seats reserved for the Scheduled Castes or for women (including those belonging to the Scheduled Castes) shall be allotted by rotation to different wards in such a manner as the Administrator may, by order published in the official Gazette in this behalf, determine. (3) The reservation of seats under sub-section (4) of section 5 and under sub-section (1) of this section shall cease to have effect on the expiration of the period specified in article 334 of the Constitution. (4) The Administrator may, if he considers it necessary, by an order published in the Official Gazette, direct that such number of seats as may be specified in the order shall be reserved in favour of backward classes of citizens: Provided that, when a backward class is deleted by an order of the Administrator, the member elected from such class shall not cease to hold office merely as a result of such deletion and shall hold office as he would have held had the deletion not been made.”. For section 7, substitute― “7. Duration of the Corporation.― (1) The Corporation, unless sooner dissolved under section 407, shall continue for five years from the date appointed for its first meeting and no longer. (2) An election to constitute the Corporation shall be completed– (a) before the expiry of its duration specified in sub-section (1); (b) before the expiration of a period of six months from the date of its dissolution: Provided that where the reminder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Corporation for such period. (3) The Corporation constituted upon its dissolution before the expiration of its duration shall continue only for the reminder of the period for which the dissolved Corporation would have continued under sub-section (1) had it not been so dissolved.”. Section 8.―For sub-section (2) , substitute― “(2) The Administrator shall, by an order in the Official Gazette, determining,― (a) the number of wards; and (b) extent of each ward. (3) The Election Commission shall, by an order in the Official Gazette, determine the wards in which seats shall be reserved for the Scheduled Castes, for women and the manner in which seats shall be rotated under the proviso to sub-section (2) of section 6.”. For section 10, substitute― ### 10. Elections to the Corporation.― (1) The superintendence, direction and control of preparation of the electoral rolls for, and the conduct of all elections to the Corporation shall be vested in the Election Commission appointed under section 7 of the Delhi Municipal Corporation Act, 1957 (66 of 1957), and the Election Commission so appointed under that section shall be responsible for the functions conferred on the Election Commission under this sub-section. (2) The Administrator shall, when so requested by the Election Commission, make available to that Commission such staff which the Administrator considers necessary for the discharge of the functions conferred on the Commission by sub-section (1).”. Section 12.―In clause (a) , for “twenty-five years”, substitute “twenty-one years”. Section 13,― (i) in sub-section (1), after clause (1), insert― “(m) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the House of the People: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years; (n) if he is so disqualified by or under any law made by Parliament.”; (ii) in sub-section (2), after clause (c), insert― “(d) a person shall not be disqualified for being nominated as a member of the Corporation on the ground that he holds office of profit for the purposes of election to the House of the People under any law for the time being in force.”. After section 13, insert― “13A. Decisions on questions as to disqualification of members.―(1) If any question arises as to whether a member has become subject to any disqualifications mentioned in section 13, the question shall be referred for the decision of the Administrator and his decision shall be final.”. Section 15,― (i) omit sub-section (2); (ii) in sub-section (3), for “Director”, substitute “Administrator”. Section 16,― (i) in sub-section (1), for “Director”, substitute “Administrator”; (ii) in the proviso to sub-section (1), for “four”, substitute “six”; (iii) in sub-section (2),― (a) in the opening portion, for “Scheduled Castes”, substitute “Scheduled Castes, backward classes or for the women, as the case may be,”; (b) after the words “Scheduled Castes” occurring at the end, add “backward classes or be a woman”. Section 17,― (a) omit “or co-opted” and “or co-option”; (b) for “Director”, substitute “Election Commision”. Section 35.―In sub-section (1) , omit “other than an associated councillor”. After section 35, insert― “35A. Vacation of seats in case of multiple membership.―No councillor shall be a member both of the Corporation and Parliament and if a person is so chosen, then at the expiration of fourteen days from the date of the publication in the Gazette of India, or as the case may be, in the Official Gazette whichever is later, that he has been so chosen, that person’s seat in Parliament shall become vacant unless he has previously resigned his seat in the Corporation.”. Section 36.―For sub-section (1) , substitute― “(1) If a councillor becomes subject to any of the disqualifications mentioned in section 13, his seat shall thereupon become vacant. (1A) If during three successive months, a councillor is, without permission of the Corporation, absent from all meetings thereof, the Corporation may declare his seat vacant.”. Section 38,― (a) for sub-sections (1), (2) and (2A), substitute― “(1) The Corporation shall, at its first meeting in each year, elect one of its elected members to be the Chairperson to be known as the Mayor and the other two such members to be the Senior Deputy Mayor and the Deputy Mayor of the Corporation: Provided that during the duration of the Corporation, the office of the Mayor shall be reserved in favour of a member who is a woman for the first and the fourth year of the Corporation and in favour of a member belonging to a Scheduled Caste in the third year of the Corporation.”; (b) after sub-section (3), insert― “(3A) If the vacancy be a casual vacancy in the office of the Mayor and is reserved for a woman or for a member belonging to the Scheduled Caste, the vacancy shall be filled by electing one of the councillors from amongst women or members of the Scheduled Castes, as the case may be.”; (c) for sub-section (6), substitute― (6) The Mayor may obtain reports from the Commissioner on any matter connected with the municipal government of Chandigarh.”. After section 41, insert― “41A. Wards Committees.― (1) There shall be constituted such number of Wards Committees consisting of one or more wards, within the territorial area of the Corporation, as the Administrator may, from time to time, by order published in the Official Gazette, determine. The order shall indicate the name of the Wards Committee and also the extent of the area comprised within the jurisdiction of such Committee. (2) Each Wards Committee shall consist of― (a) all the councillors, elected from the wards in the territorial jurisdiction of the Committee; (b) the person, if any, nominated by the Administrator, under clause (ii) of sub-section (3) of section 4 if his name is registered as an elector within the territorial limits of the Committee; (c) such number of persons, as may be prescribed, to be nominated by the Administrator. ### 41B. Chairperson of Wards Committee.― (1) The Wards Committee shall, at its first meeting in each year, elect one of its members who is a councillor to be Chairperson: Provided that where a Wards Committee consists of one ward only, the councillor representing that ward in the Corporation shall be the Chairperson of that Committee. (2) The Chairperson of the Wards Committee shall hold office from the date of his election until the election of his successor in office unless in the meantime, he resigns his office as Chairperson. (3) On the occurrence of any casual vacancy in the office of the Chairperson, the Wards Committee shall, within one month of occurrence of such a vacancy, elect one of its members who is a councillor as Chairperson: Provided that where a vacancy has arisen on the resignation or death of the only councillor on the Committee, the Administrator may appoint any other councillor as Chairperson of the Ward Committee till election is held to fill the vacancy in due course. ### 41C. Resignation of Chairperson and members of Wards Committee.― (1) Any member of the Wards Committee, may resign his office by writing under his hand addressed to the Chairperson and delivered to the Commissioner; and the Chairperson may resign his office by writing under his hand addressed to the Mayor and delivered to the Commissioner. (2) A resignation under sub-section (1) shall take effect from the date specified for the purpose in writing referred to in that sub-section, or if no such date is specified, from the date of its receipt by the Chairperson or the Commissioner, whichever is later. ### 41D. Functions of Wards Committee.― (1) Subject to the provisions of this Act, a Wards Committee shall exercise the powers and perform the functions as may be determined from time to time by the Corporation by resolution. (2) When any question arises as to whether any matter falls within the purview of the Wards Committee or the Corporation, it shall be referred to the Corporation and its decision thereon shall be final. ### 41E. Special Committees.― (1) The Administrator may, by order published in the Official Gazette, constitute one or more Special Committees in addition to Wards Committees and the Committees referred to in section 42, as he thinks fit for the exercise of any power or discharge of any function which the Corporation, may, by resolution, delegate to them or for inquiring into, reporting or advising upon any matter which the Corporation may refer to them. (2) Any such Committee may consist of one or more councillors and such other persons having special knowledge or practical experience as the Administrator may nominate representing various interests which he may think fit, such as industry, commerce, labour, literature, science, art and social services. ### 41F. Constitution of District Planning Committees.― (1) There shall be constituted in the district, a District Planning Committee to consolidate the plans prepared by the Corporation and the Panchayats in the District, and to prepare a draft development plan for the district as a whole. (2) The manner in which the seats in the District Planning Committee constituted under sub-section (1) shall be filled, the functions which may be assigned to such Committee and the manner in which the Chairperson of such Committee shall be chosen, shall be as prescribed by the Government, subject, however, to the provisions of article 243ZD of the Constitution. (3) In preparing the draft development plan of the district, the District Planning Committee shall have regard to― (i) the matter of common interest between the Panchayats and Municipalities in the district including spatial planning, sharing of water and other physical and natural resources, the integrated development of infrastructure and environment conservation; and (ii) the extent and type of available resources whether financial or otherwise. (4) While preparing the draft development plan of the district, the District Planning Committee shall consult such institutions and organizations as the Government may, by order, specify. (5) The Chairperson of District Planning Committee shall forward the draft development plan as recommended by such Committee to the Government. (6) Any matter relating to a Committee constituted under section 41A or this section, not expressly provided in this Act, the same may be provided in the rules made in this behalf.”. Section 42,― (a) omit sub-sections (1), (2), (4) and proviso to sub-section (5); (b) in sub-section (3), omit “a Building and”. Section 44,― (a) in clause (q), add at the end “except such important parks and stadia as may be specified by the Administrator by an order issued in this behalf”; (b) after clause (t), insert― “(tt) the preparation of plans for economic development and social justice;”. Section 45.―In the opening portion, for “The Corporation”, substitute― “Subject to any general or special orders of the Administrator from time to time, the Corporation”. Section 47,― (i) for sub-section (1), substitute― “(1) The Administrator shall, by notification in the Official Gazette, appoint a suitable officer as the Commissioner of the Corporation. (1A) The reporting authority on the work and conduct of the Commissioner shall be the Adviser to the Administrator and reviewing and accepting authority shall be the Administrator.”; (ii) after second proviso to sub-section (2), add― “Provided also that where the Commissioner holds a lien on any service under any Government, the Administrator may at any time replace his services at the disposal of that Government.”; (iii) in sub-section (3),― (a) omit clause (a); (b) omit “by giving a notice of at least one month to the Corporation”. Section 50.―Omit “for a term not exceeding two months”. Sections 65 and 66.―Omit “ad hoc” wherever it occurs. For section 71, substitute― “71. Appointment of certain officers.― (1) The Administrator shall appoint suitable officers to be respectively, the Municipal Engineer, the Municipal Health Officer, the Municipal Chief Accountant, the Municipal Secretary and the Municipal Chief Auditor and may appoint one or more Assistant Commissioners and such other officer or officers of a status equivalent to or higher than the status of any of the officers specified earlier in this sub-section as the Administrator may deem fit on such monthly salaries and allowances, if any, as may be fixed by the Administrator. (2) The Municipal Chief Auditor shall not be eligible for any office under the Corporation after he has ceased to hold his office. ### 71A. Schedule of permanent posts and creation of temporary posts.― (1) The Commissioner shall, from time to time, prepare and lay before the Corporation two Schedules of posts other than those specified in section 71 setting forth the designations and grades of municipal officers and other municipal employees who should be maintained permanently in the service of the Corporation indicating therein the salaries, fees and allowances which are proposed to be paid to such officers and other employees. (2) Of the two Schedules referred to in sub-section (1), the first Schedule shall deal with category ‘A’ posts and the Second Schedule with other posts. (3) The Corporation may sanction the two Schedules either without modifications or with such modifications as it thinks fit and thereafter may amend them if it thinks it necessary. Such sanction or amendment shall be subject to the approval of the Administrator. (4) The Commissioner may create for a period not exceeding six months any group ‘B’, ‘C’ and ‘D’ posts. ### 71B. Power to make appointments.― (1) Subject to the provisions of section 71, the power of appointing municipal officers and other municipal employees whether temporarily or permanent shall vest in the Commissioner. (2) The claims of the members of the Scheduled Castes and backward classes of citizens shall be taken into consideration consistently with the maintenance of efficiency of administration, in the making of appointment of municipal officers and other municipal employees. ### 71C. Recruitment.― (1) Notwithstanding anything contained in section 71B, the direct recruitment to various posts may be made by the Administrator through such agencies as may be prescribed by him.”. Section 75.―In clause (b) , for “sub-section (7) of section 71”, substitute― “the Schedules referred to in section 71A”. After section 84, insert― “84A. The Finance Commission.― (1) The Finance Commission constituted under section 107A of the Delhi Municipal Corporation Act, 1957 (66 of 1957) shall also be responsible, for the purposes of this Act, to review the financial position of the Corporation and to make recommendations to the Administrator as to― (a) the principles which should govern,― (i) the determination of taxes, duties, tolls and fees which may be assigned to, or appropriated by, the Corporation; (ii) the grant-in-aid to the Corporation from the Consolidated Fund of India; (b) the measures needed to improve the financial position of the Corporation; (c) any other matter referred to the Finance Commission by the Administrator in the interest of sound functioning of the Corporation. (2) The Commission shall determine their procedure and shall have such powers in the performance of their functions as may be prescribed. (3) The Administrator shall cause every recommendation made by the Commission under this section together with an explanatory memorandum as to the action taken thereon to be laid before each House of Parliament.”. Section 87,― (a) in sub-section (3), in clause (b), in the proviso, for “five hundred rupees”, substitute “ten thousand rupees”; (b) in sub-section (4), for “five thousand rupees”, substitute “one lakh rupees”. Section 90,― (a) in sub-section (1),— [(i) clauses (b) and (c) shall be omitted; (ii) in clause (e), the word “and” occurring at the end, shall be omitted; (iii) after clause(f),thefollowing clauseshallbeinserted,namely:— “(g) a tax on entertainments and amusements.” ]; [(b) in sub-section (6),— (i) after the words and figures “Punjab Motor Vehicles Taxation Act,1924,thewords“as applicableto the Union territory of Chandigarh”, shall be inserted; (ii) clauses (d) and (e) shall be omitted.]. Omit sections 113 to 117 (both inclusive). After section 126, insert― “126A. Prior approval of the Chief Administrator.― Notwithstanding anything contained in sections 122 to 125, every permission given by the Commissioner shall be subject to the prior approval of the Chief Administrator appointed under clause (e) of section 2 of the Capital of Punjab (Development and Regulation) Act, 1952, (Punjab Act XXVII of 1952) and subject to such conditions as the Chief Administrator may impose in this behalf.”. Omit section 127 Section 152.― In the proviso to sub-section (1) , for “one thousand rupees”, substitute “ten thousand rupees”. Section 174.―Omit clause (c) . Section 225.―Omit sub-section (2) . Omit sections 226 to 275 (both inclusive). Omit sections 286 to 312 (both inclusive). Omit sections 343 to 346 (both inclusive). Section 397.―For sub-section (2) , substitute― “(2) Every rule, regulation or bye-law made under this Act shall be laid as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule, regulation or bye-law or both the Houses agree that the rule, bye-law or regulation should not be made, the rule, bye-law or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation or bye-law.”. Section 399.―In sub-section (1) , omit Parts B, C and D. For section 407, substitute― “407. Dissolution of Corporation.― (1) If, in the opinion of the Government, the Corporation is not competent to perform its duties or persistently makes default in the performance of duties imposed on it by or under this Act or any other law for the time being in force or exceeds or abuses any of its powers, the Government may, by an order published, alongwith the reasons therefor, in the Official Gazette, dissolve such Corporation: Provided that the Corporation shall be given a reasonable opportunity of being heard before its dissolution. (2) When the Corporation is dissolved under sub-section (1),― (i) all Councillors of the Corporation shall vacate their offices forthwith; (ii) all powers and duties of the Corporation during its dissolution shall be exercised and performed by such persons or authority as the Government may, by notification, appoint in this behalf; and (iii) all property in possession of the Corporation shall be held by the Government. (3) Upon dissolution of the Corporation under sub-section (1), the Government shall reconstitute the Corporation as specified under sub-section (1) of section 4, and election to reconstitute such Corporation shall be completed before the expiration of a period of six months from the date of dissolution: Provided that where the remainder of the period for which the dissolved Corporation would have continued, is less than six months, it shall not be necessary to hold any election under this sub-section for reconstituting the Corporation for such period. (4) The Corporation reconstituted upon the dissolution of the existing Corporation before the expiration of its duration, shall continue only for the remainder of the period for which the dissolved Corporation would have continued under section 7 had it not been so dissolved.”. After section 407, insert― “407A. Appointment of a person to carry out the work of Corporation in certain cases.― (1) All powers and duties of the Corporation may, till it remains dissolved and is reconstituted shall be exercised and performed by such persons or authority as the Government may appoint in this behalf. (2) All properties vested in the Corporation shall till the Corporation remains dissolved and is reconstituted shall vest in and devolve upon the Government.”. After section 424, insert― “424A. Application of the Capital of Punjab (Development and Regulation) Act, 1952 and the Punjab New Capital (Periphery) Control Act, 1952.― Notwithstanding anything contained in this Act, the provisions of the Capital of Punjab (Development and Regulation) Act, 1952 (Punjab 1952. Act XXVII of 1952) and of the Punjab New Capital (Periphery) Control Act, 1952 (Punjab Act 1 of) and the rules, regulations, bye-laws, notifications, orders, scheme, form or notice, made thereunder shall continue to be applicable in relation to the development and regulation of the Union territory of Chandigarh as immediately before the commencement of the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994.”. After section 428, insert― ‘428A. Special provision as to transferred functions.― (1) In this section “transferred functions” means such functions of the administration which on the commencement of the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994, become the functions of the Corporation. (2) On and from the commencement of the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994,― (a) all stores, articles and other movable properties belonging to the administration immediately before the specified date and utilised for or in connection with the transferred functions shall pass to and vest in the Corporation; (b) all appointments, notifications, orders, schemes, rules, forms, notices or bye-laws made or issued or any licence or permission granted by the administration immediately before such specified date in connection with the transferred functions shall continue in force and be deemed to have been made, issued or granted by the Corporation unless and until they are superseded by any appointment, notification, order, scheme, rule, form, notice or bye-law made or issued or any licence or permission granted by the Corporation; (c) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the administration immediately before such specified date for or in connection with the transferred functions shall be deemed to have been incurred, entered into, engaged to be done by, with or for, the Corporation; (d) all assessments, valuations, measurements or divisions made by the administration immediately before such commencement or in connection with the transferred functions shall continue in force and be deemed to have been made by the Corporation unless and until they are superseded by any assessment, valuation, measurement or division made by the Corporation; (e) all rates, taxes, fees, rents and other sums of money due to the administration in relation to the transferred functions immediately before such commencement shall be deemed to be due to the Corporation; (f) all rates, fees, rents and other charges leviable in, or in relation to, the transferred functions shall, unless and until they are carried by the Corporation continue to be levied at the same rate at which they are being levied by the administration immediately before such commencement; (g) all suits and transactions and other legal proceedings instituted or which might have been instituted by or against the administration immediately before such commencement for any matter in relation to the transferred functions may be continued or instituted by or against the Corporation; (h) every officer and other employee serving under the administration immediately before such commencement in connection with the transferred functions shall be transferred to and become an officer or other employee of the Corporation with such designation as the Corporation may determine and hold office by the same tenure and at the same remuneration and on the same terms and conditions of service as he would have held the same if the Corporation had not been established and shall continue to do so unless and until such tenure, remuneration and terms and conditions are duly altered by the Corporation: Provided that the tenure, remuneration and terms and conditions of service of any such officer or other employee shall not be altered to the disadvantage without the previous sanction of the Administrator: Provided further that the Corporation may employ any such officer or employee in the discharge of such functions as it may think proper and every such officer or other employee shall discharge those functions accordingly. (3) As soon as may be after the commencement of the Punjab Municipal Corporation Law (Extension to Chandigarh) Act, 1994, the Administrator shall decide,― (a) which stores, articles and other movable properties referred to in clause (a) of sub-section (2) have been utilised by the administration for or in connection with the transferred functions; (b) which debts, obligations, liabilities, contracts, matters and things referred to in clause (c) of the said sub-section have been incurred, entered into, or engaged to be done by, with or for the administration or in connection with the transferred functions; (c) which officers and other employees referred to in clause (h) of that sub-section served under the administration in connection with the transferred functions.’. Omit section 431. Omit Schedule I. ### 271. Third Schedule.― Omit “sections 258, 259 (1) , 260 (1), 263 (4), 265, 266 (1) and (2), 268, 269, 270, 272 (1) and (2), 273 (1), (2) and (3) and section 274 (1), and the entries there against in the second, third and fourth columns”. AMENDMENT OF THE CAPITAL OF PUNJAB (DEVELOPMENT AND REGULATION) ACT, 1952 (PUNJAB ACT No. XXVII OF 1952) For section 7A, substitute― “7A. Power to apply certain provisions of Punjab Act 42 of 1976 to Chandigarh.― (1) The Chief Administrator may, from time to time by notification in the Official Gazette, and with the previous approval of the Administrator of the Union territory of Chandigarh, apply to Chandigarh or any part thereof with such adaptations and modifications not affecting the substance as may be specified in the notification, all or any of the provisions of the Punjab Municipal Corporation Act, 1976 (Punjab Act 42 of 1976 ), in so far as such provisions are applicable to Chandigarh. (2) While exercising the powers or performing the functions under the provisions of the Punjab Municipal Corporation Act, 1976 (Punjab Act 42 of 1976 ) applied to Chandigarh by a notification under sub-section (1) , the Chief Administrator shall be subject to the control of the Administrator and not to that of the Commissioner or Deputy Commissioner. (3) Notwithstanding the substitution of section 7A of the Capital of Punjab (Development and Regulation) Act, 1952 (hereinafter referred to as substituted section) the substituted section shall not― (a) affect the previous operation of the substituted section or anything duly done or suffered thereunder; or (b) affect any right, privilege, obligation or liability acquired accured or incurred under the substituted section; or (c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against substituted section; affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and any such privilege, forfeiture or punishment may be imposed as if this substitution has not been made.”.

65b90bc0ab84c7eca86e8358

acts

State of Telangana - Act -------------------------- Telangana Prevention of Fragmentation and Consolidation of Holdings Act, 1956 ------------------------------------------------------------------------------- TELENGANA India Telangana Prevention of Fragmentation and Consolidation of Holdings Act, 1956 =============================================================================== Act 40 of 1956 ---------------- * Published on 1 June 2016 * Commenced on 1 June 2016 Telangana Prevention of Fragmentation and Consolidation of Holdings Act, 1956 (Act No. 40 of 1956 ) Last Updated 16th January, 2020 The Andhra Pradesh (Telangana Area) Prevention of Fragmentation and Consolidation of Holdings Act, 1956 received the assent of the President on 21.09.1956. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Notification issued in G.O.Ms.No.116, Revenue (Assin.I) Department, dated 01.06.2016. ### 1. Short title, extent and commencement. (1) This Act may be called [the Telangana Prevention of Fragmentation and Consolidation of Holdings Act, 1956.] [Substituted by G.O.Ms.No.116, Revenue (Assin.I) Department, dated 01.06.2016.] (2) It extends to the whole of [the State of Telangana] [Substituted by G.O.Ms.No.116, Revenue (Assin.I) Department, dated 01.06.2016.] . (3) This section shall come into force at once and the remaining provisions of this Act shall come into force in such area and from such date as the Government may, by notification in the Official Gazette, appoint in this behalf, and different dates may be appointed for the coming into force of different provisions of this Act. ### 2. Definitions. - In this Act, unless the context otherwise requires, - (a) "agricultural year" means the year commencing on the first day of April; (b) "consolidation of holdings" means the amalgamation and where necessary redistribution of holdings or portions of holdings in any village or taluka, or any part thereof so as to reduce the number of plots in holdings; (c) "Consolidation Officer" means an officer appointed as such under section 15 by the Government and includes any person authorised by the Government to perform all or any of the functions of the Consolidation Officer under this Act; (d) "Co-operative Society" means a co-operative society registered or deemed to be registered under [the Andhra Pradesh (Telangana Area) Co-operative Societies Act, 1952(Act XVI of 1952)] [Repealed by A.P. Act 7 of 1964.] ; (e) "Fragment" means a plot of land of less extent than the appropriate standard area determined under this Act: Provided that no plot of land shall be deemed to be a fragment by reason of any diminution in its area by diluvium; (f) "land" means agricultural land whether alienated or unalienated; (g) "local area" means any area notified as such in the Official Gazette under section 3; (h) "owner" means a person who has permanent and heritable rights of possession of land, and when unalienated land has been mortgaged, owner means the mortgagor; (i) "prescribed" means prescribed by rules made under this Act; (j) "standard area" in respect of any class of land means the area which the Government may from time to time determine under section 5 as the minimum area necessary for profitable cultivation in any particular local area, and includes a standadd area revised under the said section; (k) "village committee" means the Village Committee constituted under section 42; (l) Words and expressions used in this Act but not defined therein shall have the meaning assigned to them in [the Telangana Land Revenue Act, 1317 F.Act VIII of 1317 F.)] [Adapted by G.O.Ms.No.46 Law (F) Department, dated. 01.06.2016.] or [the Telangana Tenancy and Agricultural Lands Act, 1950(Act XXI of 1950)] [Adapted by G.O.Ms.No.46 Law (F) Department, dated. 01.06.2016.] . Chapter II . Determination of Local and Standard Areas and Treatment of Fragments. --------------------------------------------------------------------------------------- ### 3. Determination of Local Area. - The Government may, after such inquiry as it deems fit, by notification in the Official Gazette, specify a village or taluka or any part thereof as a local area for the purposes of this Act. ### 4. Settlement of standard areas. (1) The Government may, after such inquiry as it deems fit and after consultation with [the Land Commission] [Substituted for the words 'the Hyderabad Land Commission' by the Andhra Pradesh Adaptation Order 1957.] established under section 87A of [the Telangana Tenancy and Agricultural Lands Act 1950(Act XXI of 1950)] [Adapted by G.O.Ms.No.46 Law (F) Department, dated. 01.06.2016.] , or such other authority as it may deem fit provisionally settle for any class of land in any local area the minimum area that can be cultivated profitably as a separate plot. (2) The Government shall, by notification in the Official Gazette and in such other manner as may be prescribed, publish the minimum areas provisionally settled by it under sub-section (1) and invite objections thereto. ### 5. Determination and revision of standard area. (1) The Government shall, after considering the objections, if any, received within four months of the date of publication of the notification under sub-section (2) of section 4 in the village concerned and making such further inquiry as it may deem fit, determine the standard area for each class of land in such local area. (2) The Government may, at any time, if it deems it expedient so to do, revise a standard area determined under sub-section (1). Such revision shall be made in the manner laid down in section 4 and sub-section (1). (3) The Government shall, by notification in the Official Gazette and in such other manner as may be prescribed, give public notice of any standard area determined under sub-section (1) or revised under sub-section (2). ### 6. Entry in the Record of Rights. (1) On notification of a standard area under sub-section (3) of section 5 for a local area all fragments in the local area shall be entered in the Record of Rights, or where there is no Record of Rights in such village record as the Government may prescribe. (2) Notice of every entry made under sub-section (1) shall be given in the manner prescribed for the giving of notice under [the Andhra Pradesh (Telangana Area) Record of Rights in Land Regulation, 1358 F.(Regulation LVIII of 1950)] Repealed by Act [No.26 of 1971 .] of an entry in the register of mutations. ### 7. Transfer and lease of fragments. (1) No person shall transfer any fragment in respect of which a notice has been given under sub-section (2) of section 6 except to the owner of a contiguous survey number or recognised sub-division of a survey number: Provided that the holder of such fragment may mortgage or transfer it to the Government or a land mortgage Bank or any other Co-operative Society as security for any loan advanced to him by the Government or such bank or society, as the case may be. (2) Notwithstanding anything contained in [the Telangana Tenancy and Agricultural Lands Act, 1950(Act XXI of 1950)] [Adapted by G.O.Ms.No.46 Law (F) Department, dated. 01.06.2016.] , no such fragment shall be leased to any person other than a person cultivating any land which is contiguous to the fragment. (3) No such fragment shall be sub-divided or partitioned. ### 8. Restriction on permanent alienation of land, etc. - No land shall be permanently alienated, leased or sub-divided so as to create a fragment. ### 9. Restriction on partition of land. - Where by transfer, decree, succession or otherwise, two or more persons are entitled to shares in an undivided property, and such property has to be divided among them, such partition shall be effected so as not to create a fragment. (2) Where such sub-division or partition is made by the Court or the Collector, the following procedure shall be adopted:- (a) If, in effecting a partition of property among several co-sharers, it is found that a co-sharer is entitled to a specific share in the land and cannot be given that share without creating a fragment, he shall be compensated in money for that share. The amount of compensation shall be determined so far as practicable in accordance with the provisions of section 18 of [the Hyderabad Land Acquisition Act, 1309 Fasli (IX of 1309 Fasli)] [Repealed by A.P. Act XX of 1959.] . (b) If, in effecting a partition, it is found that there is not enough land to provide for the shares of all the co-sharers in accordance with the provisions of sub-section (1), the co-sharers may agree among themselves as to the particular co-sharer or co-sharers who should get the share of land and which of them should be compensated in money. In the absence of any such agreement, the co-sharers to whom a share of land can be provided and those to whom money compensation should be given shall be chosen by lot in the manner prescribed. (c) The compensation shall be payable by each co-sharer getting an excess over the share of land legally due to him, and such co-sharer shall deposit the amount of such compensation in the manner prescribed before taking possession of the share allotted to him. On his failure to do so, his share shall be allotted to any other co-sharer to whom land has not been previously allotted and who is chosen in the manner provided in clause (b) subject to the payment of similar compensation to the co-sharers, not getting shares of land. (d) If none of the co-sharers to whom land has been allotted under clause (c) pays the compensation and takes the share, the share shall be sold in auction to the highest bidder, and the purchase money shall be paid to the co-sharers not getting land in proportion to their respective shares. (e) Where the parties agree upon any other method of partition which will not result in the creation of a fragment, that method shall be followed in effecting partition. (3) Where a partition is effected in execution of a decree all questions relating to the division of the land and apportionment of compensation shall be decided by the Court executing the decree or by the Collector effecting the partition, as the case may be, in accordance with the provisions of sub-section (2). ### 10. Sections 7, 8 and 9 not to apply to transfer for public purpose. - Nothing in sections 7,8 and 9 shall apply to a transfer of any land for such public purpose as may be specified in this behalf by the Government by notification in the Official Gazette. ### 11. Penalty for transfer or partition, contrary to provisions of Act. (1) The transfer or partition of any land contrary to the provisions of this Act shall be void. (2) The owner of any land so transferred or partitioned shall be liable to pay such fine not exceeding Rs. 500 as the Collector may, subject to the general orders of the Government, direct. Such fine shall be recoverable as arrears of land revenue. (3) Any person unauthorizedly occupying, or wrongfully in possession of any land, the transfer or partition of which, either by the act of parties or by the operation of law, is void under the provisions of this Act may be summarily evicted by the Collector. ### 12. Transfer of fragment to the Government. (1) Any owner of a fragment may transfer it to the Government for the purposes of the Government on payment by the Government of such compensation to persons possessing interest therein as the Collector may determine and thereupon the fragment shall vest absolutely in the Government for the purpose of the Government free from all encumbrances. (2) Any such fragment may be disposed of as un-occupied land under the provisions of [the Telangana Land Revenue Act 1317 F.(Act VIII of 1317 F.)] [Adapted by G.O.Ms.No.46 Law (F) Department, dated. 01.06.2016.] ### 13. Determination of compensation for purposes of section 12. - In determining the compensation for the purposes of section 12, the Collector shall have regard to the provisions of section 18 of [the Hyderabad Land Acquisition Act, 1309 Fasli (IX of 1309 Fasli)] [Repealed by A.P. Act XX of 1959.] . ### 14. Fragment not to be sold at court sale or created by such sale. - Notwithstanding anything contained in any law for the time being in force, no fragment, in respect of which a notice has been given under sub-section (2) of section 6, shall be sold at any sale held under the orders of any Court except to the owner of a contiguous survey number or recognised sub-division of a survey number and no land shall be sold at such sale so as to leave a fragment. Chapter III Procedure for Consolidation -------------------------------------------- ### 15. The Government may of its own accord or on application declare its intention to make scheme for consolidation of holdings. - With the object of consolidating holdings in any village or taluqa or any part thereof for the purpose of better cultivation of lands therein, the Government may, of its own motion or on application made in this behalf, declare by a notification in the Official Gazette and by publication in the prescribed manner in the village or villages concerned its intention to make a scheme for the consolidation of holdings in such village or villages or part thereof as may be specified. On such publication in the village concerned the Government may appoint a Consolidation Officer, who shall proceed to prepare a scheme for the consolidation of holdings in such village or villages or part thereof, as the case may be, in the manner hereinafter provided. ### 16. Preparation of the scheme and the principles to be followed in its preparation. (1) The Consolidation Officer shall, after giving due notice to the land owners concerned and the Village Committee, visit each of the concerned villages and shall in consultation with the village Committee proceed to prepare a scheme for the consolidation of holdings which shall include such statements, records and maps as may be prescribed. (2) In preparing the scheme the Consolidation Officer shall have regard to the procedure which the Government may from time to time prescribe in regard to the number of blocks in which the village lands are to be grouped, the manner of allotting new plots to each owner, the recommendations of the Village Committee and such other matters as may be prescribed. ### 17. Scheme to provide for compensation. (1) The scheme prepared by the Consolidation Officer shall provide for the payment of compensation to any owner who is allotted a holding of less market value than that of his original holding and for the recovery of compensation from any owner who is allotted a holding of greater market value than that of his original holding provided that no compensation shall be payable for the pro-rata cut in the extent or value of the holdings resulting from the assignment of land under section 19. (2) The amount of compensation shall be determined so far as practicable in accordance with the provisions of section 18 of [the Hyderabad Land Acquisition Act, 1309 F] [Repealed by A.P. Act XX of 1959.] . ### 18. Amalgamation of public roads, etc., within scheme for consolidation of holdings. (1) Whenever in preparing a scheme for the consolidation of holdings, it appears to the Consolidation Officer that it is necessary to amalgamate any road, street, lane or path with any holding in the scheme, he shall make a declaration to that effect stating in such declaration that it is proposed that the rights of the public as well as of all individuals in or over the said road, street, lane or path shall be extinguished or, as the case may be transferred to a new road, street, lane or path laid out in the scheme of consolidation. (2) The declaration in sub-section (1) shall be published in the village concerned in the prescribed manner along with the draft scheme referred to in section 20. (3) Any member of the public, or any person having any interest or right, in addition to the right of pubiic highway in or over the said road, street, lane or path, or having any other interest or right which is likely to be adversely affected by the proposal may, within thirty days after the publication of the declaration under sub-section (1), state to the Consolidation Officer in writing his objection to the proposal, the nature of such interest or right and the manner in which it is likely to be adversely affected and the amount and the particulars of his claim to compensation for such interest or right: Provided that no claim for compensation on account of the extinction or diminution of the right of public highway over such road, street, lane or path shall be entertained. (4) The Consolidation Officer shall, after considering the objections, if any, made to the proposal, submit it with such amendments, if any, as he may consider necessary to the Settlement Commissioner, together with the objections received, his recommendations thereon and a statement of the amounts of compensation, if any, which in his opinion are payable, and of the persons by whom and the persons to whom such compensation is payable. The decision of the Settlement Commissioner on the proposal and regarding the amount of compensation and the persons by whom such compensation, if any, is payable, shall, subject to any modification made by the Government, be final. ### 19. Lands reserved for common purposes. - Notwithstanding anything contained in any law for the time being in force, it shall be lawful for the Consolidation Officer to direct in consultation with the Village Committee- (a) that any land specifically assigned for any common purpose shall cease to be so assigned and to assign any other land in its place; (b) that if in any area under consolidation no land is reserved for any common purpose including extension of the village sites, or if the land so reserved is inadequate, to assign other land for such requirements and for that purpose to effect a pro-rata cut in all the holdings of the village. ### 20. Publication of draft scheme. (1) When the draft scheme of consolidation is ready for publication, the Consolidation Officer shall publish it in the prescribed manner in the village or villages concerned. Any person likely to be affected by such scheme shall, within thirty days of the date of such publication, communicate in writing to the Consolidation Officer any objections relating to the scheme. The Consolidation Officer shall, after considering the objections, if any, received, submit the scheme with such amendment as he considers to be necessary, together with his remarks on the objections to the Settlement Commissioner. (2) The Consolidation Officer shall also publish the scheme as amended by him. ### 21. Confirmation of scheme. (1) If within thirty days of its publication no objections are received to the draft scheme published under sub-section (1) or the amended draft scheme published under sub-section (2) of section 20, as the case may be, the Settlement Commissioner shall confirm the scheme. (2) If any objections are received to the amended draft scheme published under sub-section (2) of section 20, the Settlement Commissioner shall, after taking the objections into consideration, submit it with such modifications as he considers necessary to the Board of Revenue. (3) The Board of Revenue may either confirm the scheme with or without modifications or refuse to confirm it: Provided that the Board of Revenue shall if the scheme has been modified by the Settlement Commissioner under sub-section (2) , publish it as so modified, and take into consideration the objections, if any, received within thirty days of such publication before acting under this sub-section. (4) If the Board of Revenue refuses to confirm the scheme, it shall refer the whole case back to the Consolidation Officer through the Settlement Commissioner for redrafting the scheme. All the foregoing provisions of this Chapter shall apply to the scheme so redrafted. ### 22. Right to possession of new holdings. (1) Upon the confirmation of the scheme under sub-section (1) or (3) of section 21, a notification stating that the scheme has been confirmed shall be published in the Official Gazette, and the scheme as confirmed shall be published in the prescribed manner in the village or villages concerned. If two-thirds or more of the owners affected by such scheme agree to enter into possession of the holdings allotted to them thereunder, the Consolidation Officer may allow all the owners to enter into such possession forthwith or from such date as may be specified by him. (2) If two-thirds or more of such owners do not agree to enter into possession under sub-section (1), all the owners shall be entitled to possession of the holdings allotted to them under the scheme from the commencement of the agricultural year next following the date of publication of the notification in the Official Gazette under sub-section (1). (3) In enforcing the provisions of sub-section (1) or (2), the Consolidation Officer shall, if necessary put the owners in possession of the holdings to which they are entitled under the scheme and for doing so may, in the prescribed manner, evict any person from any land. (4) Notwithstanding anything contained in sub-section (2) no owner shall be entitled to possession of any holding allotted to him under the scheme unless he deposits in the prescribed manner within sixty days of the commencement of the said agricultural year such compensation as is recoverable from him under the scheme. (5) Where an owner fails to comply with the provisions of sub-section (3), his right in such holding may be allotted in the prescribed manner by the Consolidation Officer to any other person who pays the value of the holding, and in such case the value realised after deducting the expense (hereinafter called the net value) shall be paid to the owner and any other person having an interest in the holding. (6) If no person is forthcoming to pay the value of the holding, the Government may recover from the owner the compensation recoverable from him under the scheme as an arrear of land revenue or the Government may itself purchase the holding after paying the net value of the holding to the owner and any other person having interest in the holding. ### 23. Coming into force of Scheme. - As soon as the persons entitled to possession of holdings under this Act have entered into possession of the holdings respectively allotted to them, the scheme shall be deemed to have come into force. ### 24. Certain laws, no ban on transfer of holdings. - Notwithstanding anything contained in any law for the time being in force, the rights of owners, or other persons having interest, shall for the purpose of giving effect to any scheme of consolidation affecting them be transferable by exchange or otherwise. ### 25. Certificate of transfer. (1) The Consolidation Officer shall grant every owner to whom a holding has been allotted in pursuance of a scheme of consolidation and to every person to whom a right is allotted under sub-section (5) of section 22, a certificate in the prescribed form duly registered under the Indian Registration Act, 1908 (Central Act 16 of 1908.) to the effect that the holding has been transferred to him in pursuance the scheme. (2) Notwithstanding anything contained in any law for the time being in force no stamp or registration fee shall be payable in respect of such certificate. ### 26. Assessment and recovery of cost. - The cost of carrying out the scheme of consolidation shall be assessed in the prescribed manner and recovered from the persons whose holdings are affected thereby, in such proportion and at such rates as may from time to time be determined by the Government. ### 27. Recovery of compensation or costs or other sums payable under this Act. - Compensation under section 17 or costs under section 26 or any other sums payable under this Act shall be recoverable as arrears of land revenue. Chapter IV . Effect of Consolidation Proceedings and of Consolidation of Holdings. --------------------------------------------------------------------------------------- ### 28. Exercise by Consolidation Officer of powers under certain Acts. (1) During the continuance of the consolidation proceedings the Consolidation Officer shall exercise and discharge the functions of a Revenue Officer under [the Telangana Land Revenue Act, 1317 F.(Act VIII of 1317 F.)] [Adapted by G.O.Ms.No.46 Law (F) Department, dated 01.06.2016.] and [the Telangana Tenancy and Agricultural Lands Act, 1950(Act XXI of 1950.)] [Adapted by G.O.Ms.No.46 Law (F) Department, dated 01.06.2016.] and no Revenue Officer other than the Consolidation Officer shall take any proceedings under any of the said Acts in respect of any holding or land for the consolidation of which a notification has been issued under section 15. (2) Where in respect of any holding the Consolidation Officer proceeds to prepare a scheme under section 16- (a) all applications and proceedings including execution proceedings pending before any Revenue Officer under any of the said Acts in respect of any holding or land for the consolidation of which a notification has been issued under section 15, shall be transferred to the Consolidation Officer; and (b) the Consolidation Officer shall, by proclamation, call upon all persons who claim to be entitled to possession under any of the said Acts of any holding for the consolidation of which a notification has been issued under section 15 to make within the prescribed period an application to be put in possession of such holdings; and any person who fails to do so within the prescribed period shall thereafter be debarred from making it: Provided that nothing in this clause shall debar any person from making after the coming into force of a scheme of consolidation under section 23, any application in respect of any holding included in the scheme, if such application could lie under the provisions of any law for the time being in force. (3) The Consolidation Officer shall submit any order passed by him under any of the said Acts to the Collector for confirmation if an application in that behalf is made to him by any party to a proceeding under this section within thirty days from the date of the order. ### 29. Stay of proceedings under sections 120 and 124 of Act VIII of 1317 F. ban on transfer of land during continuance of consolidation proceedings. - When a Consolidation Officer proceeds to prepare a scheme under section 16, during the continuance of the consolidation proceedings- (a) no proceedings,- (i) under section 120 or 124 of [the Telangana Land Revenue Act, 1317 F.(Act VIII of 1317 F.)] [Substituted by G.O.Ms.No.46 Law (F) Department, dated 01.06.2016.] ; (ii) for execution of any award made under [the Andhra Pradesh (Telangana) Co-operative Societies Act, 1952(Act XVI of 1952.)] [Repealed by A.P. Act 7 of 1964.] ; (iii) for execution of any award made under the Telangana Debt Conciliation Act, 1349F. (Act I of 1349 F.) or [the Andhra Pradesh (Telangana Area) Agricultural Debtors" Relief Act, 1956(Act XVI of 1956.)] [Repealed by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.] ;or (iv) for execution of any decree passed by a civil Court, in respect of any land in respect of which a notification has been issued under section 15 shall be commenced and all such proceedings if commenced, shall be stayed; (b) no person shall transfer any land in respect of which a notification under section 15 has been issued. ### 30. Rights in holdings. - Every owner to whom a holding is allotted in pursuance of a scheme of consolidation shall have the same rights in such holding as he had in his original holding: Provided that nothing in this section shall apply to any person to whom a holding has been allotted under the provisions of sub-section (5) of section 22. ### 31. Transfer of encumbrances. (1) If the holding of an owner included in a scheme of consolidation which has come into force under section 23 is burdened with a mortgage, debt or other encumbrance other than a lease, such mortgage, debt or other encumbrance shall be transferred therefrom and attach itself to the holding allotted to him under the scheme or to such part of it as the Consolidation Officer may, subject to any rules made under section 47 appoint; and the mortgagee, creditor or other encumbrancer, as the case may be, shall exercise his rights accordingly. (2) If the holding to which a mortgage, debt or other encumbrance is transferred under sub-section (1) is of less market value than the original holding from which it is transferred the mortgagee, creditor or other encumbrancer, as the case may be, shall subject to the provisions of section 33 be entitled to the payment of such compensation by the owner of the holding as the case may require, as the Consolidation Officer may determine. (3) Notwithstanding anything contained in section 22, the Consolidation Officer shall, in the prescribed manner put any mortgagee or encumbrancer entitled to possession into possession of the holding to which his mortgage or other encumbrance has been transferred under sub-section (1). ### 32. Consolidation Officer to decide whether lease should be transferred or not. (1) If the holding of an owner included in a scheme of consolidation which has come into force under section 23 is burdened with a lease, the Consolidation Officer shall by an order in writing determine whether such lease shall or shall not be transferred therefrom. A copy of the order passed by the Consolidation Officer under this sub-section shall be affixed to a place near the holding and shall also be published in the prescribed manner. (2) If the Consolidation Officer determines that such lease shall be transferred from the original holding it shall attach itself to the holding allotted to the owner under the scheme or such part of it as the Consolidation Officer may, subject to any rules made under section 47, appoint and the lessee shall exercise his rights accordingly. The provisions of sub-sections (2) and (3) of section 31 shall apply to such lease as if the lease were a mortgage or other encumbrance. (3) If the Consolidation Officer determines that such lease shall not be transferred from the original holding it shall remain attached thereto, and the owner to whom such holding is allotted under the scheme shall hold it subject to such lease; and the provisions of [the Telangana Tenancy and Agricultural Lands Act, 1950(Act XXI of 1950)] [Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.] shall so far as may be, notwithstanding the change in ownership, apply to such lease; and the rights and liabilities of such owner and the lessee shall be governed by the provisions of the said Act as between the landlord and his tenant: Provided that such owner shall not be entitled to arrears of rent due under such lease immediately before the allotment of the holding as aforesaid. (4) An appeal against the decision of the Consolidation Officer under this section shall lie to the Collector within the prescribed time. ### 33. Apportionment of compensation or net value in case of dispute. - Where there is a dispute in respect of the apportionment of - (a) the amount of compensation determined under sub-section (2) of section 17 or sub-section (4) of section 18; (b) the net value realised or payable under sub-section (5) or (6) of section 22; (c) the total amount of compensation determined under sub-section (2) of section 31; the Consolidation Officer shall refer the dispute to the decision of the District Court and deposit the amount of the compensation or net value, as the case may be, in the Court and thereupon the provisions of sections 28 and 43 of [the Land Acquisition Act, 1309 (IX of 1309 F.)] [Repealed by A.P. Act XX of 1959.] , shall, so far as may be, apply. ### 34. Alienation and sub-division of consolidated holdings. - Notwithstanding anything contained in any law for the time being in force, no person to whom a holding has been allotted under this Act shall- (a) transfer any holding or part thereof except in accordance with such conditions as may be prescribed; (b) except with the permission in writing of the Board of Revenue, sub-divide such holding. ### 35. Power to vary scheme on the ground of error, irregularity or informality. (1) If after a scheme has come into force it appears to the Board of Revenue that the scheme is defective on account of an error, irregularity or informality, the Board of Revenue shall publish a draft of such variation in the prescribed manner. The draft variation shall state every amendment proposed to be made in the scheme. (2) Within one month of the date of publication of the draft variation any person affected thereby may communicate in writing any objection to such variation to the Board of Revenue through the Settlement Commissioner. (3) After receiving the objections under sub-section (2) the Board of Revenue may, after making such enquiry as it may think fit, by notification in the Official Gazette, make the variation with or without modifications or may not make any variation. (4) From the date of the notification making the variation, the variation shall take effect as if it were incorporated in the scheme. ### 36. Power to vary or revoke scheme at any time. - A scheme for the consolidation of holdings confirmed under this Act may at any time be varied or revoked by a subsequent scheme prepared, published and confirmed in accordance with this Act. Chapter V Other powers of Consolidation Officers ----------------------------------------------------- ### 37. Power of officers to enter upon land for purposes of survey and demarcation. - The Consolidation Officer and any person acting under his orders may, in the discharge of any duty under this Act, enter upon and survey land and erect survey marks thereon and demarcate the boundaries thereof and do all other acts necessary for the proper performance of that duty. ### 38. Penalty for destruction, injury or removal of survey marks. - If any person wilfully destroys or injures or without lawful authority removes a survey mark lawfully erected, he may be ordered by a Consolidation Officer to pay fine not exceeding fifty rupees for each mark so destroyed, injured or removed, as may, in the opinion of that officer be necessary to defray the expenses of restoring the same and of rewarding the person, if any, who gave information of the destruction, injury or removal. ### 39. Report of destruction or removal or injury to survey mark. - Every village officer shall be legally bound to furnish a Consolidation Officer with information respecting the destruction or removal of, or an injury done to, any survey mark lawfully erected in the village. ### 40. Power of Consolidation Officer to summon persons. (1) A Consolidation Officer may summon any person whose attendance he considers necessary for the purpose of any business before him as a Consolidation Officer. (2) A person so summoned shall be bound to appear at the time and place mentioned in the summons in person or, if the summons so allows, by his recognised agent or a legal practitioner. (3) The person attending in obedience to the summons shall be bound to state the truth upon any matter respecting which he is examined or make statements and to produce such documents and other things relating to any such matter as the Consolidation Officer may require. Chapter VI General ----------------------- ### 41. Appointment of officers and staff and delegation of powers. (1) The Government may, for the administration, of this Act, appoint such persons as it thinks fit and may by notification in the Official Gazette, delegate any of its powers or functions under this Act to any of its officers either by name or designation. (2) The Board of Revenue may, by notification in the Official Gazette, invest the Collector with all or any of the powers of the Settlement Commissioner under this Act, and by a like notification invest the Consolidation Officer with all or any of the powers of the Collector under the Act. (3) A Consolidation Officer may, with the sanction of the Board of Revenue, delegate any of his powers or functions under this Act to any person in the service of the Government. ### 42. Constitution of Village Committee. (1) The Village Committee shall be constituted by the Consolidation Officer in the prescribed manner and it shall discharge and perform, in addition to the duties and functions imposed or assigned by this Act, such other duties and functions as may be prescribed for the purposes of this Act. (2) Where at any time the Collector is satisfied that the Village Committee has refused or failed without reasonable cause or excuse to discharge the duties or perform the functions imposed or assigned by or under this Act or circumstances have so arisen that the Committee has been rendered unable to discharge the duties or perform the functions aforesaid or it is otherwise expedient or necessary to do so he may by notification in the Official Gazette either reconstitute for the purposes of this Act, the Village Committee in accordance with the provisions of sub-section (1) or appoint some other authority to perform the functions or discharge the duties of the Village Committee under this Act and thereupon all references to the Village Committee under this Act shall be deemed to include references to the Village Committee so reconstituted or the authority so appointed, as the case may be. ### 43. Power of Government to call for proceedings. - The Government may at any time for the purpose of satisfying itself as to the legality or propriety of any order passed by any officer under this Act call for and examine the record of any case pending before or disposed of by such officer and may pass such order in reference thereto as it thinks fit: Provided that no order shall be varied or revised without giving the parties interested notice to appear and opportunity to be heard. ### 44. Appeal and revision. - Except as provided in this Act, no appeal or revision application shall lie from any order passed under this Act. ### 45. Jurisdiction of Civil Court barred as regards matters arising under this Act. - No Civil Court shall entertain any suit instituted or application made, to obtain a decision or order in respect of any matter which the Government or any officer or authority is, by this Act, empowered to determine, decide or dispose of. ### 46. Public servants indemnified for acts done under this Act. - No suit or other legal proceedings shall be maintained in respect of the exercise of any power or discretion conferred by this Act, or against any public servant or person duly appointed or authorised under this Act, in respect of anything in good faith done or purporting to be done under the provisions thereof or the rules made thereunder. ### 47. Rules. (1) The Government may by notification in the Official Gazette make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power the Government may make rules, providing for- (a) the manner of publication under sub-section (2) of section 4; (b) the manner of giving public notice under sub-section (3) of section 5; (c) village records in which fragments shall be entered under sub-section (1) of section 6; (d) the manner of choosing by lot under clause (b) of sub-section (2) of section 9; (e) the manner of publication of the intention to make a scheme under section 15; (f) the statements, records and maps to be included in the scheme of consolidation and the procedure and other matters to be observed in the preparation of the scheme under section 16; (g) the manner of publication under sub-section (2) of section 18 of a declaration made under sub-section (1) of the said section; (h) the manner of publication of a draft scheme of consolidation of holdings under sub-section (1) of section 20; (i) the manner of publication of a scheme under sub-section (1) of section 22 on its being confirmed; (j) the manner in which a person may be evicted under sub-section (3) of section 22; (k) the manner in which compensation re-coverable from an owner shall be deposited by him under sub-section (4) of section 22; (I) the manner in which right of holding may be allotted under sub-section (5) of section 22; (m) the form in which a certificate shall be granted under section 25; (n) the manner of assessing the cost of consolidation of holdings under section 26; (o) the period within which an application shall be made under clause (b) of sub-section (2) of section 28; (p) the guidance of the Consolidation Officer and other officers and persons in respect of transfer of a mortgage, debt or other encumbrance under sub-section (1) of section 31; (q) the manner of putting any mortgagee or other encumbrancer into possession under sub-section (3) of section 31; (r) the conditions in accordance with which holdings may be transferred under clause (a) of section 34; (s) the manner of publication of a draft variation under sub-section (1) of section 35; (t) the manner in which the area and assessment (including water-rate, if any) of each reconstituted holding or part of such holding shall be determined; (u) the manner in which corrections shall be made in the Record of Rights in accordance with a scheme of consolidation; (v) the manner in which the Village Committee shall be constituted under section 42 and the other duties and functions of that Committee; (w) generally for the guidance of the Consolidation Officer and other officers and persons in all proceedings under this Act; (x) any other matter which is to be or may be prescribed. ### 48. Amendment of Act XXI of 1950. - In [the Telangana Tenancy and Agricultural Lands Act, 1950] [Adapted by G.O.Ms.No.46, Law (F) Department, dated 01.06.2016.] - (1) clauses (d) and (hh) of sub-section (1) of section 2 shall be omitted; (2) for clause (iii) of sub-section (4) of section 44, the following clause shall be substituted, namely:- "(iii) securing as far as possible contiguous blocks to the landholder, or the protected tenant;" (3) Chapter VII shall be omitted: Provided that the omission of the said Chapter shall not affect the previous operation of that Chapter, and any action taken thereunder before the commencement of this Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been taken under this Act and shall continue in force until it is superseded under this Act.

65ba37efab84c7eca86ead2d

acts

Bengal Presidency - Act ------------------------- The Bengal Ferries Act, 1885 ------------------------------ BENGAL PRESIDENCY India The Bengal Ferries Act, 1885 ============================== Act 1 of 1885 --------------- * Published on 27 May 1885 * Commenced on 27 May 1885 The Bengal Ferries Act, 1885 Bengal Act 1 of 1885 [27th May, 1885.] An Act to regulate Ferries in Bengal. Preamble. - Whereas it is expedient to regulate ferries within the territories subject to the Lieutenant-Governor of Bengal; It is enacted as follows :- Preliminary ### 1. Short title. - This Act may be called the Bengal Ferries Act, 1885. ### 2. Extent and commencement of Act. - It shall extend to [the [States] [Substituted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.] of West Bengal and Bihar and to that part of the [State] [Word substituted by the Adaptation of Laws Order, 1950.] of Orissa which on the first day of August 1885 was] subject to the Lieutenant-Governor of Bengal : [And it shall come into force on such date as the Lieutenant-Governor may, by notification in the Calcutta Gazette, appoint in this behalf.] ### 3. Regulation 6 of 1819 and Bengal Act 1 of 1866 repealed. - Regulation 6 of 1819 and Bengal Act 1 of 1866 are hereby repealed; but all determinations, declarations, orders and rules made, engagements entered into and securities taken under such Regulation and Act shall be deemed to be respectively made, entered into and taken under this Act. ### 4. Act not to apply to municipal ferries. - Nothing in this Act contained shall apply to any ferry deemed or declared to be a municipal ferry under the provisions of the Bengal Municipal Act, [1932] [Figures substituted by Bengal Act 1 of 1939.] . ### 5. Interpretation. - In this Act, unless there be something repugnant in the subject or context, - "Commissioner" means the Commissioner of a Division : "ferry" includes a bridge of boats, pontoons or rafts, a swing-bridge, a flying bridge, and temporary bridge, and a landing stage ; "notification" means a notification published in the [Official Gazette] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937.] : "private ferries" includes all ferries other than those declared to be public ferries, or established as such, under section 6 of this Act. Part I – Public Ferries ------------------------- ### 6. Power to declare, establish, define and discontinue public ferries. - It shall be lawful for the [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] from time to time to - (a) declare what ferries shall be deemed public ferries, and the respective districts in which, for the purposes of this Act, they shall be deemed to be situate; (b) take possession of a private ferry and declare it to be a public ferry; (c) establish new public ferries where, in [its] [Word substituted by the Government of India (Adaptation of Indian Laws) Order, 1937.] opinion, they are needed; (d) define the limits of any public ferry; (e) change the course of any public ferry; and (f) discontinue any public ferry which [it] [Word substituted by the Government of India (Adaptation of Indian Laws) Order, 1937.] deems unnecessary. Every such declaration, establishment, definition, change or discontinuance shall be made by notification : Provided that, when any alteration in the course or in the limits of a public ferry is rendered necessary by changes in the river on which such ferry is established, such alteration may be made, by an order in writing, by the Magistrate of the district. ### 7. Control of public ferries vested in the Magistrate of the district. - The control of all public ferries shall be vested in the Magistrate of the district, subject to the direction of the Commissioner. ### 8. Superintendence of public ferries. - The immediate superintendence of every public ferry shall be vested in the Magistrate of the district in which such ferry is situated, or in such other officer as the [State Government] [Words substituted by the Government of India (Adaptation of India Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] may, from time to time, either by name or by official designation, appoint. And such Magistrate or officer shall, except when the tolls at such ferry are leased, make all necessary arrangements for the supply of boats for such ferry, and for the collection of the authorized tolls leviable thereat. ### 9. Ferry tolls may be leased by auction. - The tolls of any public ferry may, from time to time, be leased by public auction for such term as the Magistrate of the district in which such ferry is situated may, with the approval of the Commissioner, direct. The Magistrate of the district or the officer authorized by him to conduct such auction may, for sufficient reason to be recorded in writing, refuse to accept the offer of the highest bidder, and may accept any other bid, or may withdraw the tolls from auction. The lessee of the tolls of every ferry which have been leased under this section shall execute a contract setting forth the conditions on which the tolls of such ferry are to be held, and shall give security for its due fulfilment. ### 10. Lessee of the tolls of a public ferry and his servants bound to conform to rules. - When the tolls of a public ferry have been duly leased, the lessee and every servant of the lessee shall be deemed to be legally bound to conform to the rules made under this Act for the management and control of such ferry. ### 11. Provision for the establishment of subsidiary ferry. - On the requisition of the Magistrate of the district the person in charge of a public ferry situate in such district shall maintain at one or more places, in addition to the place at which the said public ferry is established, and within two miles therefrom, such number of subsidiary ferries as may seem to the Magistrate to be necessary for the public convenience : and all the provisions contained in this Act in regard to the management and control of public ferries shall be deemed applicable to any subsidiary ferry maintained under the requisition of the Magistrate. ### 12. Recovery of arrears from lessee. - All arrears due by the lessee of the tolls of a public ferry on account of his lease; any pecuniary forfeiture for breach of contract inserted in the deed of contract or conditions of sale by public auction; and all sums due from the lessee on the surrender of his lease under section 14, may be recovered from the lessee or his surety (if any) as a demand under [the Bengal Public Demands Recovery Act, 1913] [Words and figures substituted by Bengal Act 1 of 1939.] or any other Act at the time being in force for the recovery of public demands. ### 13. Power to cancel lease. - The lease of the tolls of any public ferry shall be liable to be cancelled at once by the Magistrate of the district in which such ferry is situated, if it shall appear to such Magistrate that the lessee has failed to make due provision for the convenience or safety of the public within fifteen days after being required to do so by a notice in writing from such Magistrate. ### 14. Surrender of lease. - The lessee of the tolls of a public ferry may surrender his lease on the expiration of one month's notice in writing to the Magistrate of the district in which such ferry is situated of his intention to surrender such lease, and on payment of such reasonable compensation as the Magistrate may, with the approval of the Commissioner, in each case direct. ### 15. Power to make rules in regard to public ferries. - The Magistrate of the district, with the approval of the Commissioner, may from time to time make rules consistent with this Act, - (a) for the management of all public ferries within such district, and for regulating the traffic at such ferries; (b) for regulating the time and manner at and in which the terms in which, and the person by whom, the tolls of such ferries may be leased by auction; (c) for compensating persons who have compounded for tolls payable for the use of any such ferry when such ferry has been discontinued before the expiration of the period compounded for; and (d) generally, to carry out the purposes of this Act : And, when the tolls of a ferry have been leased under section 9, such Magistrate may, from time to time, with such approval as aforesaid, make additional rules consistent with this Act. (e) for collecting the rents payable for the tolls of such ferries; (f) for regulating the returns of traffic to be, from time to time, submitted by the lessee of such ferries; (g) in cases in which the communication is to be established by means of a bridge of boats, pontoons or rafts, or a swing-bridge, flying-bridge or temporary bridge, for regulating the time and manner at and in which such bridge shall be constructed and maintained, and opened for the passage of vessels and rafts through the same, and (h) in cases in which the traffic is conveyed in boats, for regulating - the number and kinds of such boats and their dimensions and equipment; the number of the crew to be kept by the lessee for each boat; the maintenance of such boats in good condition; the hours during which, and the intervals within which, the lessee shall be bound to ply; and the number of passengers, animals and vehicles, and the bulk and weight of other things that may be carried in each kind of boat at one trip; and may, from time to time, with such approval as aforesaid, repeal or alter such rules. Rules made under this section shall be subject to the control of the [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] , and shall be published in the [Official Gazette] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937.] in such manner as the [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] directs, and shall thereupon have the force of law. ### 16. Private ferry not to ply within two miles of public ferry without sanction. - No person shall, except with the sanction of the Magistrate of the district, maintain a ferry to or from any point within a distance of two miles from the limits of a public ferry : Provided that, in the case of any specified public ferry, the [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] may, by notification, reduce or increase the said distance of two miles to such extent as [it] [Word substituted by the Government of India (Adaptation of India Laws) Order, 1937.] thinks fit : Provided also that nothing hereinbefore contained shall prevent persons keeping boats to ply between two places, one of which is without, and one within, the said limits, when the distance between such two places is not less than three miles, or shall apply to boats which the Magistrate of the district expressly exempts from the operation of this section. ### 17. Claims for compensation, and what amount to be awarded. - Claims for compensation for any loss sustained by any person in consequence of a private ferry being taken possession of, or a new public ferry, or subsidiary ferry, being established under section 6 or section 11, shall be inquired into by the Magistrate of the district in which such ferry is situated, who shall, with the approval of the Commissioner, award compensation to any person who may appear justly entitled thereto. Such compensation shall be calculated upon an estimate of the annual net profit actually realized by such person from such ferry on an average of the five years next preceding such declaration, and shall in no case exceed the amount of fifteen times such net annual profit. ### 18. Tolls. - Tolls, according to such rates as may, from time to time, be fixed by the Magistrate of the district with the approval of the Commissioner, shall be levied on all persons, animals, vehicles and other things crossing any river by a public ferry and not employed or transmitted on the public service : Provided that the [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] may, from time to time, declare that any persons, animals, vehicles or other things shall be exempt from payment of such tolls. Where the tolls of a ferry have been leased under section 9, any such declaration, if made after the date of the auction, shall entitle the lessee to such abatement of the rent payable in respect of the tolls as may be fixed by the Magistrate of the district under this section. ### 19. Table of tolls. - The lessee or other person authorised to collect the tolls of any public ferry shall affix a table of such tolls, legibly written or printed in the vernacular language, and also, if the Commissioner so directs, in English, in some conspicuous place near the ferry : and shall be bound to produce, on demand, a list of the tolls signed by the Magistrate of the district or such other officer as he appoints in this behalf. ### 20. Tolls, rents, compensation and fines how to be appropriated. - Omitted by the Government of India (Adaptation of Indian Laws) Order, 1937. ### 21. Compounding for tolls. - It shall be lawful for the Magistrate of the district in which a public ferry is situated, with the approval of the Commissioner, from time to time to fix rates at which any person may compound for the tolls payable for the use of such ferry. Part II – Private Ferries --------------------------- ### 22. Power to make rules in regard to private ferries. - The Commissioner may from time to time make rules consistent with this Act, for the maintenance of order, and for the safety of passengers and property, at private ferries situated in his division. Rules made under this section shall be subject to the control of the [State Government] [Words substituted by the Government of India (Adaptation of India Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] , and shall be published in the [Official Gazette] [Words substituted by the Government of India (Adaptation of India Laws) Order, 1937.] in such manner as the [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] directs, and shall thereupon have the force of law. Part III – Penalties and Criminal Procedure --------------------------------------------- ### 23. Penalty for breach of provisions as to table of tolls, list of tolls and return of traffic. - Every lessee or other person authorized to collect the tolls of a public ferry, who neglects to affix and keep in good order and repair the table of tolls mentioned in section 19, or who wilfully removes, alters or defaces such table, or allows it to become illegible, or who fails to produce on demand the list of the tolls mentioned in section 19, and every lessee who neglects to furnish any return required under section 15, shall be punished with fine which may extend to fifty rupees. ### 24. Penalty for taking unauthorised tolls, and for causing delay. - Every such lessee or other person as aforesaid asking or taking more than the lawful toll, or without due cause delaying any person, animal, vehicle or other thing, shall be punished with fine which may extend to one hundred rupees. ### 25. Penalty for breach of rules made under sections 15 and 22. - Every person breaking any rule made under section 15 or section 22 shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to two hundred rupees, or with both. ### 26. Cancelment of lease on default or breach of rules. - When any lessee of the tolls of a public ferry makes default in the payment of the rent payable in respect of such tolls, or has been convicted of an offence under section 25, or, having been convicted of an offence under section 23 or section 24, is again convicted of an offence under either of those sections, the Magistrate of the district may, with the approval of the Commissioner, cancel the lease of the tolls of such ferry, and make other arrangements for its management during the whole or any part of the term for which the tolls were leased. ### 27. Penalties on passengers offending. - Every person crossing by any public ferry who refuses to pay the proper toll, and every person - who, with intent to avoid payment of such toll, fraudulently or forcibly crosses by any such ferry without paying the toll, or who obstructs any toll-collector, or lessee of the tolls of any public ferry, or any of his assistants in any way in the execution of their duty under this Act, or who, after being warned by any such toll-collector, lessee or assistant not to do so, goes, or takes any animals, vehicles or other things, into any ferry-boat, or upon any bridge at such a ferry, which is in such a state or so loaded as to endanger human life or property, or who refuses or neglects to leave, or remove any animals, vehicles or goods from any such ferry-boat or bridge on being requested by such toll-collector, lessee or assistant to do so, or who moors any boat, raft or other substance to, or in any way obstructs, any part of a public ferry, shall be punished with fine which may extend to fifty rupees. ### 28. Penalty for plying within public ferry-course without license. - Whoever conveys for hire any passenger, animal, vehicle or other thing in contravention of the provisions of section 16 shall be punished with fine which may extend to fifty rupees. ### 29. Fines payable to lessee. - Where the tolls of any public ferry have been leased under the provisions hereinbefore contained, the whole or any portion of any fine realized under section 27 or section 28 may [\* \* \*] [Words repealed by Bengal Act 1 of 1939.] be, at the discretion of the convicting Magistrate or Bench of Magistrates, paid to the lessee. ### 30. Penalty for rash navigation and stacking of timber. - Whoever navigates, anchors, moors or fastens any vessel or raft, or stacks any timber, in a manner so rash or negligent as to damage a public ferry, shall be punished with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and the toll-collector or lessee of the tolls of such ferry, or any of his assistants, may seize and detain such vessel, raft or timber pending the inquiry and assessment hereinafter mentioned. ### 31. Power to arrest without warrant. - The police may arrest without warrant any person committing an offence against section 27 or section 30. ### 32. Magistrate may assess damage done by offender. - Every Magistrate or Bench of Magistrates trying any offence under this Act may inquire into and assess the value of the damage (if any) done or caused by the offender to the ferry concerned, and shall order the amount of such value to be paid by him in addition to any fine imposed upon him under this Act; and the amount so ordered to be paid shall be leviable as if it were a fine, or when the offence is one under section 30 by the sale of the vessel, raft or timber causing the damage, and of anything found in or upon such vessel or raft. The Commissioner may, on the appeal of any person deeming himself aggrieved by an order under this section, reduce or remit the amount payable under such order. Part IV – Miscellaneous ------------------------- ### 33. Power to take possession of boats and other appliances on surrender or cancellation of lease. - On the cancelment or surrender of a lease, the Magistrate of the district may take possession of all boats and other appliances and may either retain the same permanently on payment of a fair price to the proprietor, or may retain them for such time as may be necessary, not exceeding three months, until he can make arrangements for such other boats and appliances as may be necessary, in which case the Magistrate of the district shall pay a fair sum to the owners for the use of the said boats and appliances ; Provided that, within a week of taking such possession, the Magistrate of the district shall be bound to give notice to the said lessee of his intention to retain the said boats and appliances permanently, or for a period to be specified in the notice. ### 34. Similar power in cases of emergency. - When any boats or their equipments, or any materials or appliances suitable for setting up a ferry, are emergently required for facilitating the transport of officers or troops of [Government] [Word substituted by the Adaptation of Laws Order, 1950.] on duty, or of any other persons on the business of [Government] [Word substituted by the Adaptation of Laws Order, 1950.] or of any animals, vehicles or baggage belonging to such officers, troops or persons, or of any property of [Government] [Word substituted by the Adaptation of Laws Order, 1950.] the Magistrate of the district may take possession of and use the same (paying such compensation for the use thereof as the [Central Government, where the transport is in connection with the affairs of the Central Government, and the [State] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937.] Government in other cases] may in each case direct) until such transport is completed. ### 35. [ Management may be vested in local authority.] [Section 35 is in force in this form in areas in which Bengal Act 5 of 1919 is in force.] - It shall be lawful for the [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] to order that any public ferry shall be managed by a local authority having jurisdiction over the area or any part of the area in which such ferry is situated; and such local authority shall have all the powers vested in the Magistrate of the district under this Act except the powers specified in sections 7, 17 and 32, [and thereupon the ferries shall be managed accordingly] [Words and substituted by the Government of India (Adaptation of Indian Laws) Order, 1937.] . ### 35. [ Management may be vested in District Board.] [Section 35 is in force in this form in areas in which Bengal Act 5 of 1919 is not in force.] - It shall be lawful for the [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] to order that any public ferry situated in any district in which a district board has been established under the provisions of the Bengal Local Self-Government Act of 1885 shall be managed by such District Board; and such District Board shall have all the powers vested in the Magistrate of the district under this Act except the powers specified in sections 7, 17 and 32, [and thereupon the ferries shall be managed accordingly] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937.] . The [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] may from time to time vary or annul any order made under this section. ### 36. Delegation of powers. - The [State Government] [Words substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950, respectively.] may, from time to time, delegate, under such restrictions as [it] [Word substituted by the Government of India (Adaptation of Indian Laws) Order, 1937.] thinks fit, any of the powers conferred on [it] [Word substituted by the Government of India (Adaptation of Indian Laws) Order, 1937.] by this Act to any Commissioner or Magistrate of a district, or to such other officer or authority as [it] [Word substituted by the Government of India (Adaptation of Indian Laws) Order, 1937.] thinks fit, by name or by official designation.

65ba577fab84c7eca86eb029

acts

State of Tamilnadu- Act ------------------------- The Chennai Metropolitan Area Groundwater (Regulation) Rules, 1988 -------------------------------------------------------------------- TAMILNADU India The Chennai Metropolitan Area Groundwater (Regulation) Rules, 1988 ==================================================================== Rule THE-CHENNAI-METROPOLITAN-AREA-GROUNDWATER-REGULATION-RULES-1988 of 1988 ------------------------------------------------------------------------------ * Published on 9 February 1988 * Commenced on 9 February 1988 The Chennai Metropolitan Area Groundwater (Regulation) Rules, 1988 Published vide Notification G.O. Ms. No. 78, Municipal Administration and Water Supply, dated 9th February 1988 Published at pages 1 to 12 of Part 111-Section 1(a) of the Tamil Nadu Government Gazette Extraordinary, dated 15th February 1988. (Issue No. 74). SRO A-17(a) /88. - In exercise of the powers conferred by sub-section 18 of the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Metropolitan Area Groundwater (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987), the Governor of Tamil Nadu hereby makes the following rules:- ### 1. Short title. (1) These rules may be called the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Metropolitan Area Groundwater (Regulation) Rules, 1988. ### 2. Definitions. - In these rules, unless the context otherwise requires,- (a) "Act" means the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Metropolitan Area Groundwater (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987); (b) "Form" means a Form appended to these rules; (c) "Licence" means a licence for extraction, use or transport of groundwater granted under section 5 of the Act; (d) "Permit" means a permit granted under section 3 of the Act to sink a well. ### 3. Application for permit to sink well. (1) Every application under sub-section (2) of section 3 shall be made in Form-I. (2) A court fee stamp for the value of one rupee shall be affixed on every application made under this rule. (3) The decision regarding the grant or refusal to grant of permit for sinking well shall be intimated to the applicant by the competent authority within ninety days from the date of receipt of the application. (4) Every permit for sinking a well shall be in Form-IV. (5) The refusal of grant of permit by the competent authority shall be communicated in Form-VII. ### 4. Application for licence to extract, use or transport of groundwater. (1) Every application under clauses (i) and (ii) of sub-section (2) of section 5 of the Act shall be made in Forms II and III, respectively. (2) A court fee stamp for the value of one rupee shall be affixed on every application made under this rule. (3) Whenever the competent authority has decided to grant the licence, it shall send an intimation to that effect to the applicant and inform him to remit the fee specified in the Table below:- | | | | | --- | --- | --- | | (a) | Licence for extraction or use of groundwater for agricultural purpose. | 50.00 | | (b) | Licence for extraction or use of groundwater for other purposes - | | | | (i) using pumps with capacity not exceeding 5 horse power. | 100.00 | | | (ii) using pumps with capacity exceeding 5 horse power but not exceeding 10 horse power. | 500.00 | | | (iii) using pumps with capacity exceeding 10 horse power. | 1,000.00 | | | A licence for transport of groundwater by lorry, trailer or any other goods vehicle. | 1,000.00 | (4) The licence fee specified in sub-rule (3) shall be paid for every financial year or part thereof. (5) The licence fee shall be payable by the applicant into anyone of the branches of the State Bank of India to the credit of the Board and the counterfoil of the challan shall be presented to the competent authority for grant of licence. (6) Every licence for extraction or use of groundwater for any purpose other than domestic purposes shall be in Form-V (7) Every licence for the transport of groundwater by means of a lorry, trailer or any other goods vehicle shall be in Form-VI. (8) Every licence under sub-rules (6) and (7) shall be valid for the financial year or part thereof. An applicant seeking renewal of the licence shall apply before ninety days of the expiry of the original licence and the provisions of rules applicable to grant of an original licence shall apply to the renewal of the licence. (9) The refusal to grant licence by the competent authority shall be communicated in Form-VIII or IX, as the case may be. ### 5. Registration of existing wells and use of groundwater in scheduled area. (1) The competent authority shall prepare and maintain a register showing the number of existing wells in the scheduled area and the use of groundwater in the scheduled area for agricultural purposes immediately before the 17th June 1987, within ninety days from the date of the publication of these rules in the Tamil Nadu Government Gazette. (2) The Register of wells shall be in Form-X. (3) The extract of the Register of wells insofar as the entries relate to any revenue village specified in the schedule to the Act or City of [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] shall be published in the Tamil Nadu Government Gazette and displayed in the offices of the respective village administrative officers and in the office of the respective Area Engineers of the Board in the City of [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] within thirty days after the expiry of the period specified in sub-rule (1) . (4) (a) Any request by the aggrieved land owner or occupier for non-inclusion in the Register of wells, or the use of groundwater for agricultural purposes in relation to any such land or for modification of the particulars as entered in the Register of wells shall be made to the competent authority in Form-XL. [The competent authority shall pass an order in writing within thirty days from the date of receipt of such application from the applicant.] [Added by G O. Ms. No. 168, MAWS (Metro Water) Dept., dated 21st November 2002.] (b) A court fee stamp for the value of one rupee shall be affixed on every application made under this rule. (c) The application shall be made to the competent authority within thirty days from the date of the publication of the extracts of the Register of wells in the Tamil Nadu Government Gazette: Provided that the competent authority may if satisfied that any aggrieved land owner or occupier had sufficient cause for not making the application in time, allow a further time of thirty days for making the application. (5) An extract of entries made in the Register of wells shall be furnished to the owner or the occupier of land on application made in Form-XII to the competent authority. A fee of rupees two only shall be payable by the applicant into anyone of the branches of the State Bank of India to the credit of the Board and the counterfoil of the chalan shall be presented to the competent authority along with the application in Form-XII. ### 5A. [ Implementation of rain water harvesting measures. [Rule 5-A was inserted by G O. Ms. No. 68. Municipal Administration and Water Supply (Metro Water) Department, dated 21st November, 2002.] (1) Every building owned or maintained by the Government or a company or other institution owned or controlled by the Government, shall within one year from the 21st day of November, 2002,- (a) provide rooftop rain water harvesting structure wherever a storage tank or an open well or a bore well is available in the building irrespective of the nature of sub-soil conditions; (b) surface run-off water from the open spaces around the buildings, parks and playgrounds shall be harvested using appropriate recharge structures based in the nature of the sub-soil conditions. (i) Roof-top rain water harvesting - Direct collection. - Rain water from the roof of the buildings such as tiled/ sloped terrace building and flat/ RCC (Reinforced concrete cement) roof shall be collected using appropriate size of gutters or PVC (Poly vinyl chloride) pipes and stored either in a collection tank or storage tank of appropriate size placed over the ground or underground through a filter unit. A filter chamber of appropriate size shall be provided to filter the dust particles usually present in the roof-tops of the buildings. Suitable filter material such as well-burnt broken bricks or coarse sand or small sized pebbles or blue metal gravels (baby chips) shall be used in the filter chamber. The surplus water-available after filling the storage tank/ sump shall be diverted to the nearby open well or bore well or recharge pits. Proper disinfection shall be made while storing the water for long use. Recharging the open well/ bore well. - The rain water collected from the roof tops of both tiled/ sloped roof and flat/ RCC (Reinforced concrete cement) roofs using gutters or PVC (Poly vinyl chloride) pipes shall be diverted to the open well or bore well through a filter chamber of appropriate size. Regular disinfection methods are to be practised while harvesting rain water in open wells. (ii) Harvesting surface run-off water. - Apart from the roof-top rain water harvesting, the rain water available in the open spaces around the buildings and in places/ buildings where a sump or open well or bore well is not available the rain water shall be harvested and recharged into the ground using appropriate recharge structures based on the nature of the sub-soil conditions as mentioned below: (a) Sandy sub-soil areas. - In places where the sub-soil formation is sandy in nature the rate of percolation of rain water will be more and therefore provision of shallow recharge structures such as percolation/ recharge pits, recharge trenches or shallow recharge wells are considered to be suitable for rain water harvesting. (i) Percolation/ recharge pits shall be provided around the buildings with minimum size of 1 metre x 1 metre x 1 metre and filled with permeable medium such as broken bricks or pebbles or coarse sand, etc. The number of these pits shall vary based on the extent of the area of water collection. On an average one unit is required for an area of 250 square feet. These structures are suitable for individual houses in general. (ii) Recharge trenches (Longitudinal in shape) similar to the percolation/ recharge pits are suitable for apartment/ commercial complexes, where the availability of rain water is more. Two or three of these structures shall be provided on the basis of the extent of the building. (iii) Shallow recharge wells are similar to the common open wells except in size and depth. Normally, for an individual house with 1000 square feet area, a recharge well with 1.0 metre dia and 3.0 metre dia depth is required. For apartments/ commercial complexes two or three recharge wells are required based on the extent of the building. Either brick wall or RCC (Reinforced concrete cement) concrete rings shall be used for construction. The top of the recharge well should be covered with RCC (Reinforced concrete cement) slab. Recharge wells are to be desilted once in a year or two for its effective recharge. Rain water collected from the roof tops of buildings and open surfaces shall be diverted to these recharge structures through PVC (Poly vinyl chloride) pipe line or by providing channels on the ground. These structures shall be maintained properly for effective recharge. (b) Clay sub-soil areas. - In places where the sub-soil formation is clay in nature the rate of percolation of rain water will be very slow and therefore provision of percolation/ recharge pit with bore, recharge trench with bore or deep recharge well are considered to be suitable for rain water harvesting. (i) Percolation/ recharge pit with bore. - It is similar to the one mentioned in sandy sub-soil formation except a bore hole at the bottom of the percolation pit which is also filled with the same permeable materials. A minimum size of 4= inch diametre and 15 feet depth is normally required for one pit. However, if sand formation is available below the top clay layer, the bore has to be drilled preferably up to the sand formation. The number of these pits shall vary based on the extent of the area of water collection. On an average one unit is required for an area of 250 square feet. These structures are suitable for individual houses in general. (ii) Recharge Trench with Bore. - These are similar to the recharge pits but are longitudinal in shape and bore holes shall be provided at the bottom for every 10-15 feet of the trench. The trench and bore hole shall be filled with the same permeable materials such as broken bricks or pebbles or coarse sand, etc. These structures are suitable for apartments/ commercial complexes where the availability of rain water is more. (iii) Deep/ large recharge wells. - These are similar to the common open wells except in size and depth and are considered to be suitable for apartment/ commercial complexes. In general, a recharge well with 1.5 metre dia and 5.0 metre depth is required for a small apartment. Either brick wall or RCC (Reinforced concrete cement) concrete rings shall be used for construction. The top of the recharge well should be covered with RCC (Reinforced concrete cement) slab. The recharge well shall be de-silted once in a year or two for effective recharge. Rain water collected from the rooftops of the buildings and open surfaces shall be diverted to these recharge structures through PVC (Poly vinyl chloride) pipe line or by providing channels on the ground. These structures should be maintained properly for effective recharge. (c) Hard rock areas (Weathered). - In hard rock areas also, the rate of percolation of rain water will be slow. Therefore, in order to collect and recharge the rain water it would be preferable to construct recharge wells of appropriate size. Percolation pit with deep bore holes up to a depth of 50-100 feet shall be provided. In this case, the bore hole is to be constructed with slotted pipe for effective recharge. In general, construction of separate recharge structures shall be provided in the absence of existing infrastructure such as storage tank/ sump, open well or bore well in order to reduce the cost involved. (2) Every person who constructs a building, whether, for residential or non-residential purpose, shall on or after the 21st day of November, 2002,- (a) provide roof top rain water harvesting structure wherever a storage tank or an open well or a bore well is available in the building irrespective of the nature of sub-soil conditions; (b) surface run-off water from the open spaces around the buildings, parks and playgrounds shall be harvested using appropriate recharge structures based on the nature of the sub-soil conditions. (i) Roof-top rain water harvesting. - Direct collection. - Rain water from the roof of the buildings such as tiled/ sloped terrace building and fiat/ RCC (Reinforced concrete cement) roof shall be collected using appropriate size of gutters or PVC (Poly vinyl chloride) pipes and stored either in a collection tank or storage tank of appropriate size placed over the ground or underground through a filter unit. A filter chamber of appropriate size shall be provided to filter the dust particles usually present in the roof-tops of the buildings. Suitable filter material such as well burnt broken bricks or coarse sand or small sized pebbles or blue metal gravels (baby chips) shall be used in the filter chamber. The surplus water available after filling the storage tank/ sump shall be diverted to the nearby open well or bore well or-recharge pits. Proper disinfection shall be made while storing the water for long use. Recharging the open well/ bore well. - The rain water collected from the roof tops of both tiled/ sloped roof and flat/ RCC (Reinforced concrete cement) roofs using gutters or PVC (Poly vinyl chloride) pipes shall be diverted to the open well or bore well through a filter chamber of appropriate size. Regular disinfection methods are to be practised while harvesting rain water in open wells. (ii) Harvesting Surface run-off water. - Apart from the roof-top rain water harvesting, the rain water available in the open spaces around the buildings and in places/ buildings where a sump or open well or bore well is not available the rain water shall be harvested and recharged into the ground using appropriate recharge structure based on the nature of the sub-soil conditions as mentioned below: (a) Sandy sub-soil area. - In places where the sub-soil formation is sandy in nature the fate of percolation of rain water will be more and therefore provision of shallow recharge structmes such as percolation/ recharge pits, recharge trenches or shallow recharge wells are considered to be suitable for rain water harvesting. (i) Percolation/ recharge pits shall be provided around the buildings with minimum size of 1 metre x 1 metre x 1 metre and filled with permeable medium such as broken bricks or pebbles or coarse sand, etc. The number of these pits shall vary based on the extent of the area of water collection. On an average one unit is required for an area of 250 square feet. These structures are suitable for individual houses in general. (ii) Recharge trenches (longitudinal in shape) similar to the percolation/ recharge pits are suitable for apartment/ commercial complexes, where the availability of rain water is more. Two or three of these structures shall be provided on the basis of the extent of the building. (iii) Shallow recharge wells are similar to the common open wells except in size and depth. Normally, for an individual house with 1000 square feet area, a recharge well with 1.0 metre dia and 3.0 metre dia depth is required. For apartments/ commercial complexes two or three recharge wells are required based on the extent of the building. Either brick wall or RCC (Reinforced concrete cement) concrete rings shall be used for construction The top of the recharge well should be covered with RCC (Reinforced concrete cement) slab. Recharge wells are to be de-silted once in a year or two for its effective recharge. Rain water collected from the rooftops of buildings and open surfaces shall be diverted to these recharge structures through PVC (Poly vinyl chloride) pipe line or by providing channels on the ground,. These structures shall be maintained properly for effective recharge. (b) Clay sub-soil areas. - In places where the sub-soil formation is clay in nature the rate of percolation of rain water will be very slow and therefore provision of percolation/ recharge pit with bore, recharge trench with bore or deep recharge well are considered to be suitable for rain water harvesting. (i) Percolation/ recharge pit with bore. - It is similar to the one mentioned in sandy sub-soil formation except a bore hole at the bottom of the percolation pit which is also filled with the same permeable materials. A minimum size of 4!/ 2 inch diameter and 15 feet depth is normally required for one pit. However, if sand formation is available below the top clay layer, the bore has to be drilled preferably up to the sand formation. The number of these pits shall vary based on the extent of the area of water collection. On an average one unit is required for an area of 250 square feet. These structures are suitable for individual houses in general. (ii) Recharge trench with bore. - These are similar to the recharge pits but are longitudinal in shape and bore holes shall be provided at the bottom for every 10-15 feet of the trench. The trench and bore hole shall be filled with the same permeable materials such as broken bricks or pebbles or coarse sand, etc. These structures are suitable for apartments/ commercial complexes where the availability of rain water is more. (iii) Deep/ large recharge wells. - These are similar to the common open wells except in size and depth and are considered to be suitable for apartment/ commercial complexes. In general, a recharge well with 1.5 metre dia and 5.0 metre depth is required for a small apartment. Either brick wall or RCC (Reinforced concrete cement) concrete rings shall be used for construction. The top of the recharge well should be covered with RCC (Reinforced concrete cement) slab. The recharge wells shall be de-silted once in a year or two for effective recharge. Rain water collected from the rooftops of the buildings and open surfaces shall be diverted to these recharge structures through PVC (Poly vinyl chloride) pipe line or by providing channels on the ground. These structures should be maintained properly for effective recharge. (c) Hard-rock areas (weathered). - In hard lock areas also, the rate of percolation of rain wafer will be slow. Therefore, in order to collect and recharge rain water it would be preferable to construct recharge wells of appropriate size. Percolation pits with deep bore holes up to a depth of 50-100 feet shall be provided. In this case, the bore hole is to be constructed with slotted pipe for effective recharge. In general, construction of separate recharge structures shall be provided in the absence of existing infrastructures such as storage tank/ sump, open well or bore well in order to reduce the cost involved. (3) The owner or occupier of any building in existence on the 21st day of November, 2002- (a) provide roof top rain water harvesting structure wherever a storage tank or an open well or a bore well is available in the building irrespective of the nature of sub-soil conditions; (b) surface run-off water from the open spaces around the buildings, parks and playgrounds shall be harvested using appropriate recharge structures based on the nature of the sub-soil conditions. (i) Roof-top rain water harvesting - (a) Direct collection. - Rain water from the roof of the buildings such as tiled/ sloped terrace building and flat/ RCC (Reinforced concrete cement) roof shall be collected using appropriate size of gutters or PVC (Poly vinyl chloride) pipes and stored either in a collection tank or storage tank of appropriate size placed over the ground or underground through a filter unit. A filter chamber of appropriate size shall be provided to filter the dust particles usually present in the roof-tops of the buildings. Suitable filter material such as well-burnt broken bricks or coarse sand or small sized pebbles or blue metal gravels (baby chips) shall be used in the filter chamber. The surplus water available after filling the storage tank/ sump shall be diverted to the nearby open well or bore well or recharge pits. Proper disinfection shall be made while storing the water for long use. (b) Recharging the open well/ bore well. - The rain water collected from the rooftops of both tiled/ sloped roof and flat/ RCC (Reinforced concrete cement) roofs using gutters or PVC (Poly vinyl chloride) pipes shall be diverted to the open well or bore well through a filter chamber of appropriate size. Regular disinfection methods are to be practised while harvesting rain water in open wells. (ii) Harvesting surface run-off water. - Apart from the roof-top rain water harvesting, the rain water available in the open spaces around the buildings and in places/ buildings where a sump or open well or bore well is not available the rain water shall be harvested and recharged into the ground using appropriate recharge structures based on the nature of the sub-soil conditions as mentioned below: (a) Sandy sub-soil areas. - In places where the sub-soil formation is sandy in nature the rate of percolation of rain water will be more and therefore provision of shallow recharge structures such as percolation/ recharge pits, recharge trenches or shallow recharge wells are considered to be suitable for rain water harvesting. (i) Percolation/ recharge pits shall be provided around the buildings with minimum size of 1 metre x 1 metre x 1 metre and filled with permeehale medium such as broken bricks or pebbles or coarse sand, etc. The number of these pits shall vary based on the extent of the area of water collection. On an average one unit is required for an area of 250 square feet. These structures are suitable for individual houses in general. (ii) Recharge trenches (longitudinal in shape) similar to the percolation/ recharge pits are suitable for apartment/ commercial complexes, where the availability of rain water is more. Two or three of these structures shall be provided on the basis of the extent of the building. (iii) Shallow recharge wells are similar to the common open wells except in size and depth. Normally, for an individual house with 1000 square feet area, a recharge well with 1.0 metre dia and 3.0 metre dia depth is required. For apartments/ commercial complexes two or three recharge wells are required based on the extent of the building. Either brick wall or RCC (Reinforced concrete cement) concrete rings shall be used for construction. The top of the recharge well should be covered with RCC (Reinforced concrete cement) slab. Recharge wells are to be de-silted once in a year or two for its effective recharge. Rain water collected from the roof tops of buildings and open surfaces shall be diverted to these recharge structures through PVC (Poly vinyl chloride) pipe line or by providing channels on the ground. These structures shall be maintained properly for effective recharge. (b) Clay sub-soil areas. - In places where the sub-soil formation is clay in nature the rate of percolation of rain water will be very slow and therefore provision of percolation/ recharge pit with bore, recharge trench with bore or deep recharge well are considered to be suitable for rain water harvesting. (i) Percolation/ recharge pit with bore. - It is similar to the one mentioned in sandy sub-soil formation except a bore hole at the bottom of the percolation pit which is also filled with the same permeable materials. A minimum size of 4= inch diametre and 15 feet depth is normally required for one pit. However, if sand formation is available below the top clay layer, the bore has to be drilled preferably up to the sand formation. The number of these pits shall vary based on the extent of the area of water collection. On an average one unit is required for an area of 250 square feet. These structures are suitable for individual houses in general. (ii) Recharge Trench with Bore. - These are similar to the recharge pits but are longitudinal in shape and bore holes shall be provided at the bottom for every 10-15 feet of the trench. The trench and bore hole shall be filled with the same permeable materials such as broken bricks or pebbles or coarse sand, etc. These structures are suitable for apartments/ commercial complexes where the availability of rain water is more, (iii) Deep/ large recharge wells. - These are similar to the common open wells except in size and depth and are considered to be suitable for apartment/ commercial complexes. In general, a recharge well with 1.5 metre dia and 5.0 metre depth is required for a small apartment. Either brick wall or RCC (Reinforced concrete cement) concrete rings shall be used for construction. The top of the recharge well should be covered with RCC (Reinforced concrete cement) slab. The recharge well shall be de-silted once in a year or two for effective recharge. Rain water collected from the rooftops of the buildings and open surfaces shall be diverted to these recharge structures through PVC (Poly vinyl chloride) pipe line or by providing channels on the ground. These structures should be maintained properly for effective recharge, (c) Hard rock areas (Weathered). - In hard rock areas also, the fate of percolation of rain water will be slow Therefore, in order to collect and recharge the rain water it would be preferable to construct recharge wells of appropriate size. Percolation pit with deep bore holes up to a depth of 50-100 feet shall be provided. In this case, the bore hole is to be constructed with slotted pipe for effective recharge. In general, construction of separate recharge structures shall be provided in the absence of existing infrastructure such as storage tank/ sump, open well or bore well in order to reduce the cost involved.] ### 6. Appellate authority. - The appellate authority shall be,- (a) in respect of the orders made by the competent authorities in relation to the villages in the [Chengalpattu district] [Now, the District Revenue Officers of the Kancheepuram and Thiruvallur districts.] , the District Revenue Officer, Chengalpattu; and (b) in respect of the orders made by the Board, the Government. ### 7. Appeal. - Every appeal under section 9 of the Act shall be made within a period of fifteen days from the date of receipt of the orders of the competent authority. The appeal shall be made in writing on plain paper and shall be affixed with a court fee stamp for the value of rupees one only: Provided that the appellate authority may in its discretion allow further time not exceeding fifteen days, if it is satisfied that the applicant had sufficient cause tor not preferring the appeal in time. Form-I [See rule 3(1) ] Application for sinking well in the scheduled area under section 3(2) of the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] metropolitan area groundwater (regulation) act, 1987 (Tamil Nadu Act 27 of 1987) | | | | | | --- | --- | --- | --- | | 1. | (i) | Name of applicant | | | | (ii) | Age in years | | | | (iii) | Father's/ Husband's name | | | | (iv) | Full address | | | 2. | Name of owner of land on which well is proposed to be sunk, if the applicant himself is not the owner of the land Address | | 3. | Place of sinking well T.S./ R.S. No. | | | Viliage/ Town/ Division Number and name | | | | Taluk | | | | District | | | 4. | Purpose for which well is to be sunk. | Domestic/ Hotel/ Industry/ Construction/ Irrigation/ Agriculture/ Horticulture/ Commercial/ other use. | | 5. | Type of well proposed | Dug-well/ Dug-cum-Bore well/ Bore-well/ Open-Well/ Tube-well. | | 6. | Details of the proposed well | | | | (a) | Diameter of well | .............................. m | | | (b) | Depth of well | .............................. m | | | (in the case of dug-cum-bore-well, give details of both the open and bore well). | | 7. | Whether the consent of the owner of the land is enclosed. | Declaration I, ................................. hereby declare that the above particulars are true to the best of my knowledge. Signature of the applicant with date. Note. - (1) Incomplete applications and applications not received in the prescribed form are liable to be summarily rejected. (2) Court-fee stamp for the value of Rs. 1 shall be affixed on each application. (3) The consent of the owner of the land (if such owner is not the applicant) should invariably accompany the application. (4) Permit will be issued, if approved by the competent authority within a period of 90 days from the date of receipt of the application, on payment of the prescribed fee. Form - II [See rule 4(1) ] Application for Extraction or use of Groundwater Under Section 5(2) (i) of the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Metropolitan Area Groundwater (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987) | | | | | | --- | --- | --- | --- | | 1. | (i) | Name of applicant | | | | (ii) | Age in years | | | | (iii) | Father's/ Husband's name | | | | (iv) | Full address New/ Renewal | | | 2. | Nature of Licences | | | 3. | If renewal, reference to the existing licence | | | 4. | Name of owner of land from where water is proposed to be extracted or used if the applicant himself is not the owner. Address | | | 5. | Place of Groundwater extraction. | | | | | | T.S. | | | | | R.S. No. | | | Village/ Town/ Division | | | | Number and name | | | | Taluk | | | | District | | | 6. | Purpose for which water is to be extracted or used. | Industry/ Construction/ Irrigation/ Agriculture/ Horticulture/ Commercial/ other use. | | 7. | Status of well Existing or proposed. | | 8. | If an existing well reference to entry in Register of wells. | | 9. | Details of well | | | | (a) | Diameter of well | ................. | | | (b) | Depth of well | ................. | | | (in the case of dug-cum-bore-well, give details of both the open and bore-well). | | 10. | Type of well | Dug-well/ Dug-cum-bore-well/ Bore-Well/ Open-well/ Tube-Well. | | 11. | Quantity proposed to be extracted or used | ........ Litre per day. | | 12. | Details of pump proposed, | | | | (a) | Type of pump | Centrifugal/ turbine/ submersible/ Jet/ compressor/ others. | | | (b) | Horse power | | | 13. | Number of hours of pumping proposed each day. | | | 14. | Whether the consent of the owner of the source of water is enclosed, if the applicant himself is not the owner of the source | | Declaration I,..................hereby declare that the above particulars are true to the best of my knowledge. Signature of the applicant with date. Note. - (1) Incomplete applications and applications not received in the prescribed form are liable to be summarily rejected. (2) Court-fee stamp for the value of Rs. 1 shall be affixed on each application. (3) The consent of the owner of the source of water (if such owner is not the applicant) should invariably accompany the application. (4) Licence will be issued, if approved by the competent authority within a period of 90 days from the date of receipt of the application, on payment of the prescribed fee. (5) Separate licence should be obtained for each well. Form-III [See rule 4(1) ] Application for Transportation of Groundwater under section 5(2) (ii) of the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, (Tamil Nadu Act 28 of 1996).] Metropolitan Area Groundwater (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987) | | | | | | --- | --- | --- | --- | | 1. | (i) | Name of applicant | ................................................. | | | (ii) | Age in years | ................................................. | | | (iii) | Father's/ Husband's name | ................................................. | | | (iv) | Full address | ................................................. | | 2. | Nature of Licence New/ Renewal | ................................................. | | 3. | If renewal, reference to existing licence | ................................................. | | 4. | Name of owner of land from where water is proposed to be transported, if the applicant himself is not the owner | ................................................. | | | Address | ................................................. | | 5. | Place of Groundwater extraction | | | | R.S No. | ................................................. | | | T.S. No. | ................................................. | | | Village/ town/ Corporation/ Division | ................................................. | | | Taluk | ................................................. | | | District | ................................................. | | 6. | Whether licence has been obtained for extraction or use of groundwater from the well? If so, give detail | ................................................. | | 7. | Purpose for which water is to be transported. | Domestic/ Hotel/ Industry/ Construction/ Irrigation/ Agriculture/ Horticulture Commercial/ other use. | | 8. | Details of well. | | | | (a) | Diameter of well (in metres) | ................................................. | | | (b) | Depth of well (in metres) | ................................................. | | | (in the case of dug-cum-borewell, give details of both the open and bore-well). | | 9. | Type of well | Dug-well/ Dug Aim-Bore-well/ Bore-well/ Open-well/ Tube-well. | | 10. | Quantity proposed to be transported (litres per day) | | | 11. | Mode of transport | Lorry/ Trailer/ Any other goods vehicle. | | 12. | Whether the consent of the owner of the source of water is enclosed. | | 13. | Particulars of vehicle used for transport:- | | | (a) | Registration/ Licence No | | | | (b) | Capacity of the tanker | | | | (c) | Number of trips proposed each day | | Declaration I,..........................hereby declare that the above particulars are true to the best of my knowledge. Signature of the applicant with date. Note. - (1) incomplete applications and applications not received in the prescribed form are liable to be summarily rejected. (2) Court-fee stamp for the value of Rs. 1 shall be affixed on each application. (3) The consent of the owner of the source of water (if such owner is not the applicant) should invariably accompany the application. (4) Licence will be issued, if approved by the competent authority within a period of 90 days from the date of receipt of the application, on payment of the prescribed fee. (5) Separate licence should be obtained for each vehicle. Form-IV [See Rule 3(4) ] Permit for Sinking Well under section 3(4) (a) of the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, (Tamil Nadu Act 28 of 1996).] Metropolitan Area Groundwater (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987) Thiru/ Thirumathi/ Selvi ......................... Son/ wife/ daughter of resident of .................... is hereby granted permit for sinking well in Plot/ R.S. No. .......... in village ...... taluk .............. district .......... for the purpose of domestic/ agriculture/ Hotel/ Industry/ Construction/ Commercial/ Irrigation/ Horticulture/ other use. This permit also is granted for sinking a well conforming to the specifications given below:- | | | | | --- | --- | --- | | (1) | Type of well | Dug-well/ Dug-cum-bore-well/ Bore-well/ Open-well/ Tube-well. | | (2) | Diameter | ......................metres. | | (3) | Depth | .........................metres. | This permit is subject to the following conditions:- (i) The permit holder should not deviate in any way from the specifications regarding well mentioned above. (ii) The competent authority or any person duly authorised by it shall have the right to enter and inspect the place with such assistance as may be necessary to satisfy itself or himself whether the conditions and restrictions specified in this permit are being complied with. (iii) Any other condition to be specified. Place: Date: Signature of the Competent Authority. Form-V [See Rule 4(6) ] Licence No. ......... Licence for Extraction or use of Ground Water for purpose other than Domestic purposes under section 5(4) (A)(I) of the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Metropolitan Area Groundwater (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987) Thiru/ Thirumathi/ Selvi.........................Son/ wife/ daughter of .............. resident of is hereby granted new Renewal Licence for extraction or use of groundwater from a well....... India and........m in depth and existing in plot/ R.S. No in village taluk district for the purpose of Agriculture/ Industry/ Construction/ Commercial/ Irrigation/ Horticulture/ other use. This licence is granted for a well and pump conforming, to the specifications given below and is valid for a period of one financial year or part thereof from the date of issue. | | | | | --- | --- | --- | | (1) | Type of well | Dug-well/ Dug-cum-borewell/ Bore-well/ Open-well/ Tube-well | | (2) | Diameter | ............. metres. | | (3) | Depth | ............. metres. | | (4) | Pump | | | | (a) Type of pump | Centrifugal/ turbine/ submersible/ Jet/ compressor/ others. | | | (b) Horse power | ................... | | (5) | Number of hours of pumping | ................... | This licence is subject to the following conditions:- (i) The licence should not deviate in any way from the specifications regarding well, pump, etc., mentioned above. (ii) The drawal of groundwater under this licence shall not interfere with the normal activities of the locality nor should it cause any traffic hazard. (iii) The compe tent authority or any person duly authorised by it shall have the right to enter and inspect the place with such assistance as may be necessary to satisfy itself or himself whether the conditions and restrictions specified in the licence are being complied with: (iv) The competent authority shall have right to restrict the use or withdraw or cancel the licence giving 15 days notice to the licensee specifying the reasons for doing so. The licence is also subject to the following conditions. Place: Date: Signature of the Competent Authority. Form-VI [See Rule 4(7) ] Licence for Transportation of Groundwater Under Section 5(4) (A)(II) of the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Metropolitan Area Groundwater (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987) Licence No. ........ Thiru/ Thirumathi/ Selvi ........................ Son/ wife/ daughter of ............resident of....................is hereby granted New Renewal Licence for extraction or use of groundwater from plot/ R.S. No. ............in village............taluk district........for the purpose of Domestic/ Hotel/ Industry/ Construction/ Irrigation/ Commercial/ Agriculture/ Horticulture/ other use by means of lorry, trailer or any other goods vehicle. (a) Registration/ Licence No. .............. (b) Capacity of the tanker ................ (c) Number of trips proposed each day................ Total quantity of water transported should not exceed....litres per day. The licence is valid for a period of one financial year or part thereof from the date of issue unless otherwise cancelled earlier. This licence is issued subject to the following conditions:- (i) The licence should not deviate in any way from the specifications regarding vehicle licenced to transport, well, pump and the quantity of water transported per day mentioned above. (ii) The drawal and transport of groundwater under this licence shall not interfere with the normal activities of the locality nor should it cause any traffic hazard. (iii) The competent authority or any person duly authorised by it shall have the right to enter and inspect the premises/ vehicle with such assistance as may be necessary to satisfy itself or himself whether the conditions and restrictions specified in this licence are being complied with. (iv) The licence should always be kept in the vehicle used for transport should be produced for verifications by the competent authority or any person duly authorised by it. (v) The competent authority shall have right to restrict the use or for the drawal or cancel the licence giving 15 days notice to the licensee specifying the reasons for doing so. Additional conditions. Place: Date: Signature of the Competent Authority. Form-VII [See rule 3(5) ] Refusal to grant permit for sinking well under section 3(4) (b) of the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] metropolitan area groundwater (regulation) act, 1987 (Tamil Nadu Act 27 of 1987) | | | | --- | --- | | 1. Application No. | | | 2. Date of receipt of the application | | | 3. Name of applicant | | | 4. Village and Survey No. | | | 5. Reason for refusal to grant permit - | | | (a) Quantity criteria | | | (b) Distance criteria | | | (c) Density criteria | | | (d) Quality of water | | | (e) Any Other reason | | Place: Date: Competent Authority Form-VIII [See rule 4(2) ] Refusal to grant licence for extraction or use of groundwater under section 5(4) (b) of the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Metropolitan Area Groundwater (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987) | | | | --- | --- | | 1. Application No. | | | 2. Date of receipt of the application | | | 3. Name of applicant | | | 4. Village and Survey No. | | | 5. Reason for refusal - | | | (a) Quantity criteria | | | (b) Distance criteria | | | (c) Density criteria | | | (d) Quality of water | | | (e) Any Other reason | | Place: Date: Competent Authority Form-IX [See rule 4(9) ] Refusal to grant licence for transport of groundwater under section 5(4) (b) of the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Metropolitan Area Groundwater (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987) | | | | --- | --- | | 1. Application No | | | 2. Date of receipt of the application | | | 3. Name of applicant | | | 4. Village and Survey No. | | | 5. Reason for refusal to transport - | | | (a) Overdrawal of aquifer | | | (b) Quality of water | | | (c) Transport hazard | | | (d) Any Other reason | | Place: Date: Competent Authority Form-X [See rule 5(2) ] Register of Wells Under Section 4 of the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Metropolitan Area Groundwater (Regulation) Act, 1987. | | | | | --- | --- | --- | | 1. | Location of | District: | | | | Taluk: | | | | Village: | | | | Survey No.: | | | | R.S. No.: | | 2. | (a) Type of well | Dug-well/ Dug-cum-Bore-well/ Bore-well/ Open-well/ Tube-Well. | | | | (b) Number of wells | | 3. | Details of well. | (a) Diameter | | | | (b) Depth in m | | | | (in the case of dug-cum bore-well give details of both the open and bore-well). | | 4. | Year of construction. | ................... | | 5. | Name of owner and address | ................... | | 6. | Name of occupant and address | ................... | | 7. | The device used for lifting the groundwater | ................... | | 8. | Details of power supply | ................... | | | | (a) Type of pump/ Centrifugal/ turbine/ submersible/ Jet/ compressor/ others. | | | | (b) Horse power : ................... | | | | (c) Pump capacity : ................... | | | | 1 mm metres-Head | | | | (d) E.B. Power supply connection number : ................... | | 9. | Number of hours of pumping per day. | | | 10. | The date from the groundwater is being used. | | | 11. | The quantity of groundwater utilised. | | | 12. | Extent and location of land irrigated and its survey number | | | 13. | Type of crop | Wet/ Dry/ Garden. | | 14. | Purpose or purposes for which the groundwater is being used. | | Signature of Owner/ Occupant. Form-XI [See rule 5 (4) (a)] Application for Inclusion or Modification of Particulars in the Register of Wells under section 4(4) (a) of the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Metropolitan Area Groundwater (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987) | | | | | --- | --- | --- | | 1. | Nature of application | Fresh entry in Register | | | | | Modifications of entry in Register | | 2. | (i) | Name of the applicant | ................... | | | (ii) | Age | ................... | | | (iii) | Father's/ Husband's Name | ..................... | | | (iv) | Address | ................... | | 3. | Type of well | Dug-well/ Dug-cum-Bore-well/ Bore-Well/ Open-well/ Tube-well. | | 4. | Details of-well | (a) Diameter...............m | | | | | (b) Depth in.......... | | | | | (in the case of dug-cum bore-well give details of both the open and bore-well). | | 5. | Year of construction | ............ | | 6. | Name of owner and address | .................. | | 7. | Name of occupant and address | ............... | | 8. | The device used for lifting water | .......... | | 9. | Details of power supply- | | | | | | (a) Type of pump/ Centrifugal/ turbine/ submersible/ Jet/ compressor/ others......... | | | | | (b) Horse power: ....... | | | | (c) E.B. Power supply connection number .......... | | 10. | No. of hours of pumping per day. | | | 11. | The date from the ground-water is being used. | | | 12. | The quantity of groundwater utilised. | | | 13. | Extent and location of land irrigated and its survey number | | | 14. | Type of crop Wet/ Dry/ Garden. | | | 15. | Purpose or purposes for which the groundwater is being used. | Yes/ No. | Signature of Owner/ Occupant. Form-XII [See rule 5 (5) ] Application form to furnish an extract relating to land under section 4 (5) of the [Chennai] [Substituted for the word 'Madras' by the City of Madras (Alternation of Name) Act, 1996 (Tamil Nadu Act 28 of 1996).] Metropolitan Area Groundwater (Regulation) Act, 1987 (Tamil Nadu Act 27 of 1987). ### 1. (i) Name of applicant (ii) Age in years (iii) Father's/ Husband's name (iv) Full address ### 2. Whether the applicant is the owner or the occupier of land where the well is located. ### 3. Details of the location of well- District Taluk Village S. No. R.S. No. ### 4. The reference number in the Register of wells, if known. Signature of the Applicant with date.

65ba1f8fab84c7eca86eaa91

acts

State of Maharashtra - Act ---------------------------- The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 ------------------------------------------------------------------------------------------------- MAHARASHTRA India The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 ================================================================================================= Act 1 of 1972 --------------- * Published on 1 February 1972 * Commenced on 1 February 1972 The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 Maharashtra Act No. 1 of 1972 [1st February, 1972] For Statement of Objects and Reasons, see Maharashtra Government Gazette, 1969, Part V. Extraordinary, pages 628-632. An Act to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings; to state their rights and obligations; to confer certain powers on unrecognised unions; to provide for declaring certain strikes and lock-outs as illegal strikes and lock-outs; to define and provide for the prevention of certain unfair labour practices; to constitute courts (as independent machinery) for carrying out the purposes of according recognition to trade unions and for enforcing the provisions relating to unfair practices; and to provide for matters connected with the purposes aforesaid. Whereas, by Government Resolution, Industries and Labour Department, No. IDA. 1367-LAB-II, dated the 14th February, 1968, the Government of Maharashtra appointed a Committee called "the Committee on Unfair Labour Practices" for defining certain activities of employers and workers and their organisations which should be treated as unfair labour practices and for suggesting action which should be taken against employers or workers, or their organisations, for engaging in such unfair labour practices; And Whereas, after taking into consideration the report of the Committee the Government is of opinion that it is expedient to provide for the recognition of trade unions for facilitating collective bargaining for certain undertakings; to state their rights and obligations; to confer certain powers on unrecognised unions; to provide for declaring certain strikes and lock-outs as illegal strikes and lock-outs; to define and provide for the prevention of certain unfair labour practices; to constitute courts (as independent machinery) for carrying out the purposes or according recognition to trade unions and for enforcing provisions relating to unfair practices; and to provide for matters connected with the purposes aforesaid; It is hereby enacted in the Twenty-second Year of the Republic of India as follows:- Chapter I Preliminary -------------------------- ### 1. Short title. - This Act may be called The Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971. ### 2. Extent, commencement and application. (1) This Act extends to the whole of the State of Maharashtra. (2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different areas and for different provisions of this Act. (3) Except as otherwise hereinafter provided, this Act shall apply to the industries to which the Bombay Industrial Relations Act, 1946 (Bombay XI of 1947), for the time being applies, and also to any industry as defined in clause (j) of section 2 of the Industrial Disputes Act, 1947 (XIV of 1947), and the State Government in relation to any industrial dispute concerning such industry is the appropriate Government under that Act: Provided that, the State Government may, by notification in the Official Gazette, direct that the provisions of this Act shall cease to apply to any such industry from such date as may be specified in the notification; and from that date, the provisions of this Act shall cease to apply to that industry and thereupon section 7 of the Bombay General Clauses Act, 1904, (Bombay I of 1904), shall apply to such cessor, as if this Act has been repealed in relation to such industry by a Maharashtra Act. ### 3. Definitions. - In this Act, unless the context requires otherwise,- (1) "Bombay Act" means the Bombay Industrial Relations Act, 1946, (Bombay XI of 1947); (2) "Central Act" means the Industrial Disputes Act, 1947, (XIV of 1947); (3) "concern" means any premises including the precincts thereof where any industry to which the Central Act applies is carried on; (4) "Court" for the purposes of Chapters VI and VII means the Industrial Court, or as the case may be, the Labour Court; (5) [ "employee" in relation to an industry to which the Bombay Act for the time being applies, means an employee as defined in clause (13) of section 3 of the Bombay Act; and in any other case, means a workman as defined in clause(s) of section 2 of the Central Act and a sales promotion employee as defined in clause (d) of section 2 of the Sales Promotion Employees (Conditions of Service) Act, 1976] [Substituted by Maharashtra Act No. 22 of 1999, (w.e.f 20.4.1999).] ; (6) "employer" in relation to an industry to which the Bombay Act applies, means an employer as defined in clause (14) of section 3 of the Bombay Act; and in any other case, means an employer as defined in clause (g) of section 2 of the Central Act; (7) "Industry" in relation to an Industry to which the Bombay Act applies means an industry as defined in clause (19) of section 3 of the Bombay Act, and in any other case, means an industry as defined in clause (j) of section 2 of the Central Act; (8) "Industrial Court" means an Industrial Court constituted under section 4; (9) "Investigating Officer" means an officer appointed under section 8; (10) "Labour Court" means a Labour Court constituted under section 6; (11) "member" means a person who is an ordinary member of a union, and has paid a subscription to the union of not less than 50 paise per calendar month: Provided that, no person shall at any time be deemed to be a member, if his subscription is in arrears for a period of more than three calendar months during the period of six months immediately preceding such time, and the expression "membership" shall be construed, accordingly. Explanation. - A subscription for a particular calendar month shall, for the purpose of this clause, be deemed to be in arrears, if such subscription is not paid within three months after the end of the calendar month in respect of which it is due; (12) "order" means an order of the Industrial or Labour Court; (13) "recognised union" means a union which has been issued a certificate of recognition under Chapter III; (14) "Schedule" means a Schedule to this Act; (15) "undertaking" for the purposes of Chapter III, means any concern in industry to be one undertaking for the purpose of that Chapter: Provided that, the State Government may notify a group of concerns owned by the same employer in any industry to be one undertaking for the purpose of that Chapter; (16) "unfair labour practices" means unfair labour practices as defined in section 26; (17) "union" means a trade union of employees, which is registered under the Trade Unions Act, 1926; (18) [ words and expressions used in this Act and not defined therein, but defined in the Bombay Act, or as the case may be, the Sales Promotion Employees (Conditions of Service) Act, 1976, (11 of 1976) shall in relation to an industry to which the provisions of the Bombay Act apply, have the meanings assigned to them by the Bombay Act or, as the case may be, the Sales Promotion Employees (Conditions of Service) Act, 1976; and in any other case, shall have the meanings assigned to them by the Central Act or, as the case may be, the Sales Promotion Employees (Conditions of Service) Act, 1976.] [Substituted by Maharashtra Act No. 22 of 1999 (w.e.f 20.4.1999).] Chapter II Authorities under this Act ------------------------------------------ ### 4. Industrial Court. (1) The State Government shall by notification in the Official Gazette, constitute an Industrial Court. (2) The Industrial Court shall consist of not less than three members, one of whom shall be the President. (3) Every member of the Industrial Court shall be a person who is not connected with the complaint referred to that Court, or with any industry directly affected by such complaint: Provided that, every member shall be deemed to be connected with a complaint or with an industry by reason of his having shares in a company which is connected with, or likely to be affected by, such complaint, unless he discloses to the State Government the nature and extent of the shares held by him in such company and in the opinion of the State Government recorded in writing, such member is not connected with the complaint, or the industry. (4) Every member of the Industrial Court shall be a person who is or has been a Judge of a High Court or is eligible for being appointed a Judge of such Court: Provided that, one member may be a person who is not so eligible, if he possesses in the opinion of the State Government expert knowledge of labour or industrial matters. ### 5. Duties of Industrial Court. - It shall be the duty of the Industrial Court,- (a) to decide an application by a union for grant of recognition to it; (b) to decide an application by a union for grant of recognition to it in place of a union which has already been recognised under this Act; (c) to decide an application from another union or an employer for withdrawal or cancellation of the recognition of a union; (d) to decide complaints relating to unfair labour practices except unfair labour practices falling in Item I of Schedule IV; (e) to assign work, and to give directions, to the Investigating Officers in matters of verification of membership of unions, and investigation of complaints relating to unfair labour practices; (f) to decide references made to it on any point of law either by any civil or criminal court; and (g) to decide appeals under section 42. ### 6. Labour Court. - The State Government shall, by notification in the Official Gazette, constitute one Or more Labour Courts, having jurisdiction in such local areas, as may be specified in such notification, and shall appoint persons having the prescribed qualifications to preside over such Courts: Provided that, no person shall be so appointed, unless he possesses qualifications (other than the qualification of age), prescribed under Article 234 of the Constitution for being eligible to enter the judicial service of the State of Maharashtra; and is not more than sixty years of age. ### 7. Duties of Labour Court. - It shall be the duty of the Labour Court to decide complaints relating to unfair labour practices described in Item 1 of Schedule IV and to try offences punishable under this Act. ### 8. Investigating Officers. - The State Government may, by notification in the Official Gazette, appoint such number of Investigating Officers for any area as it may consider necessary, to assist the Industrial Courts and Labour Courts in the discharge of their duties. ### 9. Duties of Investigating Officers. (1) The Investigating Officer shall be under the control of the Industrial Court, and shall exercise powers and perform duties imposed on him by the Industrial Court. (2) It shall be the duty of an Investigating Officer to assist the Industrial Court in matters of verification of membership of unions, and assist the Industrial and Labour Courts for investigating into complaints relating to unfair labour practices. (3) It shall also be the duty of an Investigating Officer to report to the Industrial Court, or as the case may be, the Labour Court the existence of any unfair labour practices in any industry or undertaking, and the name and address of the persons said to be engaged in unfair labour practices and any other information which the Investigating Officer may deem fit to report to the Industrial Court, or as the case may be, the Labour Court. Chapter III Recognition of Unions -------------------------------------- ### 10. Application of Chapter III. (1) Subject to the provisions of sub-sections (2) and (3), the provisions of this Chapter shall apply to every undertaking, wherein fifty or more employees are employed, or were employed on any day of the preceding twelve months: Provided that, the State Government may, after giving not less than sixty days notice of its intention so to do, by notification in the Official Gazette, apply the provisions of this Chapter to any undertaking, employing such number of employees less than fifty as may be specified in the notification. (2) The provisions of this Chapter shall not apply to undertakings in industries to which the provisions of the Bombay Act for the time being apply. (3) If the number of employees employed in any undertaking to which the provisions of this Chapter apply at any time falls below fifty continuously for a period of one year, those provisions shall cease to apply to such undertaking. ### 11. Application for recognition of union. (1) Any union (hereinafter referred to as the "applicant-union") which has for the whole of the period of six calendar months immediately preceding the calendar month in which it so applies under this section a membership of not less than thirty per cent of the total number of employees employed in any undertaking may apply in the prescribed form to the Industrial Court for being registered as a recognised union for such undertaking. (2) Every such application shall be disposed of by the Industrial Court as far as possible within three months from the date of receipt of the application, where a group of concerns in any industry which is notified to be one undertaking for which recognition is applied for is situated in the same local area; and in any other case, within four months. Explanation. - 'Local area' for the purposes of this sub-section means the area which the State Government may, by notification in the Official Gazette, specify in the notification. ### 12. Recognition of Union. (1) On receipt of an application from a union for recognition under section 11 and on payment of the prescribed fees, not exceeding rupees five the Industrial Court shall, if it finds the application on a preliminary scrutiny to be in order, cause notice to be displayed on the notice board of the undertaking, declaring its intention to consider the said application on the date specified in the notice, and calling upon the other union or unions, if any, having membership of employees in that undertaking and the employers and employees affected by the proposal to show cause, within a prescribed time, as to why recognition should not be granted to the applicant union. (2) If, after considering the objections, if any, that may be received under sub­section (1) from any other union (hereinafter referred to as "other union") or employers or employees, if any, and if after holding such enquiry in the matter as it deems fit, the Industrial Court comes to the conclusion that the conditions requisite for registration specified in section 11 are satisfied, and the applicant-union also complies with the conditions specified in section 19 of this Act the Industrial Court shall, subject to the provisions of this section, grant recognition to the applicant-union under this Act, and issue a certificate of such recognition in such form as may be prescribed. (3) If the Industrial Court comes to the conclusion, that any of the other unions has the largest membership of employees employed in the undertaking, and the said other union has notified to the Industrial Court its claim to be registered as a recognised union for such undertaking, and if it satisfies the conditions requisite for recognition specified in section 11, and also complies with the conditions specified in section 19 of this Act, the Industrial Court shall, subject to the provisions of this section, grant such recognition to the other union, and issue a certificate of such recognition in such form as may be prescribed. Explanation. - For the purpose of this sub-section, the other union shall be deemed to have applied for recognition in the same calendar month as the applicant-union. (4) There shall not, at any time, be more than one recognised union in respect of the same undertaking. (5) The Industrial Court shall not recognise any union, if it is satisfied that the application for its recognition is not made bona fide in the interest of the employees, but is made in the interest of the employer, to the prejudice of the interest of the employees. (6) The Industrial Court shall not recognise any union, if, at any time, within six months immediately preceding the date of the application for recognition, the union has instigated, aided or assisted the commencement or continuation of a strike which is deemed to be illegal under this Act. ### 13. Cancellation of recognition and suspension of rights. (1) The Industrial Court shall cancel the recognition of a union if after giving notice to such union to show cause why its recognition should not be cancelled, and after holding an inquiry, it is satisfied,- (i) that it was recognised under mistake, misrepresentation or fraud; or (ii) that the membership of the union has, for a continuous period of six calendar months, fallen below the minimum required under section II for its recognition: Provided that, where a strike (not being an illegal strike under the Central Act) has extended to a period exceeding fourteen days in any calendar month, such month shall be excluded in computing the said period of six months: Provided further that, the recognition of a union shall not be cancelled under the provisions of this sub-clause, unless its membership for the calendar month in which show cause notice under this section was issued was less than such minimum; or (iii) that the recognised union has, after its recognition, failed to observe any of the conditions specified in section 19; or (iv) that the recognised union is not being conducted bona fide in the interest of employees, but in the interests of employer to the prejudice of the interest of employees; or (v) that it has instigated, aided or assisted the commencement or continuation of a strike which is deemed to be illegal under this Act; or (vi) that its registration under the Trade Unions Act, 1926, (XVI of 1926) is cancelled; or (vii) that another union has been recognised in place of a union recognised under this Chapter. (2) The Industrial Court may cancel the recognition of a union if after giving notice to such union to show cause why its recognition should not be cancelled, and after holding an inquiry, it is satisfied, that it has committed any practice which is, or has been declared as, an unfair labour practice under this Act: Provided that, if having regard to the circumstances in which such practice has been committed, the Industrial Court is of opinion, that instead of cancellation of the recognition of the union, it may, suspend all or any of its rights under sub-section (1) of section 20 or under section 23, the Industrial Court may pass an order accordingly, and specify the period for which such suspension may remain in force. ### 14. Recognition of other Union. (1) If any union makes an application to the Industrial Court for being registered as a recognised union in place of a recognised union already registered as such (hereinafter in this section referred to as the "recognised union") for an undertaking, on the ground that it has the largest membership of employees employed in such undertaking, the Industrial Court shall, if a period of two years has elapsed since the date of registration of the recognised union, call upon the recognised union by a notice in writing to show cause, within thirty days of the receipt of such notice, as to why the union now applying should not be recognised in its place. An application made under this sub-section shall be accompanied by such fee not exceeding rupees five as may be prescribed: Provided that, the Industrial Court may not entertain any application for registration of a union, unless a period of one year has elapsed since the date of disposal of the previous application of that union. (2) If, on the expiry of the period of notice under sub-section (1), the Industrial Court finds, on preliminary scrutiny, that the application made is in order, it shall cause notice to be displayed on the notice board of the undertaking, declaring its intention to consider the said application on the date specified in the notice, and calling upon other union or unions, if any, having membership of employees in that undertaking, employer and employees affected by the proposal to show cause within a prescribed time as to why recognition should not be granted. (3) If, after considering the objections, if any, that may be received under sub-section (2) and if after holding such enquiry as it deems fit (which may include recording of evidence of witnesses and hearing of parties), the Industrial Court comes to the conclusion that the union applying complies with the conditions necessary for recognition specified in section 11 and that its membership was, during the whole of the period of six calendar months immediately preceding the calendar month in which it made the application under this section, larger than the membership of the recognised union, then the Industrial Court shall, subject to the provisions of section 12 and this section, recognise the union applying in place of the recognised union, and issue a certificate of recognition in such form as may be prescribed. (4) If the Industrial Court comes to the conclusion that any of the other unions has the largest membership of employees employed in the undertaking, and such other union has notified to the Industrial Court its claim to be registered as a recognised union for such undertaking, and if, such other union satisfies the conditions requisite for recognition under section 11 and complies with the conditions specified in section 19 of this Act, the Industrial Court shall grant such recognition to such other union, and issue a certificate of such recognition in such form as may be prescribed. Explanation. - For the purpose of this sub-section, the other union shall be deemed to have applied for recognition in the same calendar month as the applicant-union. (5) Every application under this section shall be disposed of by the Industrial Court as far as possible, within three months, from the date of receipt of the application, where a group of concerns in any industry which is notified to be one undertaking for which recognition is applied for is situated in same local area; and in any other case, within four months. Explanation. - "local area" for the purposes of this sub-section means the area which the State Government may, by notification in the Official Gazette, specify in such notification. ### 15. Application for re-recognition. (1) Any union the recognition of which has been cancelled on the ground that it was recognised under a mistake or on the ground specified in clause (ii) of section 13, may, at any time after three months from the date of such cancellation, and on payment of such fees as may be prescribed apply again to the Industrial Court for recognition; and thereupon the provisions of sections 11 and 12 shall apply in respect of such application as they apply in relation to an application under section 11. (2) A union, the recognition of which has been cancelled on any other ground, shall not, save with the permission of the Industrial Court, be entitled to apply for re-recognition within a period of one year from the date of such cancellation. ### 16. Liability of union or members not relieved by cancellation. - Notwithstanding anything contained in any law for the time being in force, the cancellation of the recognition of a union shall not relieve the union or any member thereof from any penalty or liability incurred under this Act prior to such cancellation. ### 17. Publication of order. - Every order passed under sections 12, 13, 14 or 15 shall be final, and shall be caused to be published by the Industrial Court in the prescribed manner. ### 18. Recognition of union for more than one undertaking. - Subject to the foregoing provisions of this Chapter, a union may be recognised for more than one undertaking. Chapter IV Obligation and Rights of Recognised Unions, Other Unions and Certain Employees ---------------------------------------------------------------------------------------------- ### 19. Obligations of recognised union. - The rules of union seeking recognition under this Act shall provide for the following matters, and the provisions thereof shall be duly observed by the union, namely:- (i) the membership subscription shall be not less than fifty paise per month; (ii) the Executive Committee shall meet at intervals of not more than three months; (iii) all resolutions passed, whether by the Executive Committee or the general body of the union, shall be recorded in a minute book kept for the purpose; (iv) an auditor appointed by the State Government may audit its account at least once in each financial year. ### 20. Right of recognised union. (1) Such officers, members of the office staff and members of a recognised union as may be authorised by or under rules made in this behalf by the State Government shall, in such manner and subject to such conditions as may be prescribed, have a right, - (a) to collect sums payable by members to the union on the premises, where wages are paid to them; (b) to put up or cause to be put up a notice-board on the premises of the undertaking in which its members are employed and affix or cause to be affixed notice thereon; (c) for the purpose of the prevention or settlement of an industrial dispute,- (i) to hold discussions on the premises of the undertaking with the employees concerned, who are the members of the union but so as not to interfere with the due working of the undertaking; (ii) to meet and discuss, with an employer or any person appointed by him in that behalf the grievances of employees employed in his undertaking; (iii) to inspect, if necessary, in an undertaking any place where any employee of the undertaking is employed; (d) to appear on behalf of any employee or employees in any domestic or departmental inquiry held by the employer. (2) Where there is a recognised union for any undertaking,- (a) that union alone shall have the right to appoint its nominees to represent workmen on the Works Committee constituted under section 3 of the Central Act; (b) no employee shall be allowed to appear or act or be allowed to be represented in any proceedings under the Central Act (not being a proceeding in which the legality or propriety of an order of dismissal, discharge, removal, retrenchment, termination of service, or suspension of an employee is under consideration), except through the recognised union; and the decision arrived at, or order made, in such proceeding shall be binding on all the employees in such undertaking; and accordingly, the provisions of the Central Act, that is to say, the Industrial Disputes Act, 1947, (XIV of 1947) shall stand amended in the manner and to the extent specified in Schedule I. ### 21. Right to appear or act in proceedings relating to certain unfair labour practices. (1) No employee in an undertaking to which the provisions of the Central Act for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceedings relating to unfair labour practices specified in items 2 and 6 of Schedule IV of this Act except through the recognised union: Provided that, where there is no recognised union to appear, the employee may himself appear or act in any proceeding relating to any such unfair labour practices. (2) Notwithstanding anything contained in the Bombay Act, no employee in any industry to which the provisions of the Bombay Act, for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceeding relating to unfair labour practices specified in items 2 and 6 of Schedule IV of this Act except through the representative of employees entitled to appear under section 30 of the Bombay Act. ### 22. Rights of unrecognised unions. - Such officers, members of the office staff and members of any union (other than a recognised union) as may be authorised by or under the rules made in this behalf by the State Government shall, in such manner and subject to such conditions as may be prescribed, have a right- (i) to meet and discuss with an employer or any person appointed by him in that behalf, the grievances of any individual member relating to his discharge, removal, retrenchment, termination of service and suspension; (ii) to appear on behalf of any of its members employed in the undertaking in any domestic or departmental inquiry held by the employer. ### 23. Employees authorised by recognised union to appear or act in certain proceedings to be considered as on duty. - Not more than two members of a recognised union duly authorised by it in writing who appear or act on its behalf in any proceeding under the Central Act or the Bombay Act or under this Act shall be deemed to be on duty on the days on which such proceedings actually take place, and accordingly, such member or members shall, on production of a certificate from the authority or the court before which he or they appeared or acted to the effect that he or they so appeared or acted on the days specified in the certificate, be entitled to be paid by his or their employer his or their salary and allowances which would have been payable for those days as if he or they had attended duty on those days. Explanation. - For the purpose of this section "recognised union" includes a representative union under the Bombay Act. Chapter V Illegal Strikes and Lock-Outs -------------------------------------------- ### 24. Illegal strike and lock-out. - In this Act, unless the context requires otherwise- (1) "illegal strike" means a strike which is commenced or continued,- (a) without giving to the employer notice of strike in the prescribed form, or within fourteen days of the giving of such notice; (b) where there is a recognised union, without obtaining the vote of the majority of the members of the union, in favour of the strike before the notice of the strike is given; (c) during the pendency of conciliation proceeding under the Bombay Act or the Central Act and seven days after the conclusion of such proceeding in respect of matters covered by the notice of strike; (d) where submission in respect of any of the matters covered by the notice of strike is registered under section 66 of the Bombay Act, before such submission, is lawfully revoked; (e) where an industrial dispute in respect of any of the matters covered by the notice of strike has been referred to the arbitration of a Labour Court or the Industrial Court voluntarily under sub-section (6) of section 58 or section 71 of the Bombay Act, during the arbitration proceedings or before the date on which the arbitration proceedings are completed or the date on which the award of the arbitrator comes into operation, whichever is later, (f) during the pendency of arbitration proceedings before an arbitrator under the Central Act and before the date on which the arbitration proceedings are concluded, if such proceedings are in respect of any of the matters covered by the notice of strike; (g) in cases where an industrial dispute has been referred to the arbitration of a Labour Court or the Industrial Court under sections 72, 73 or 73-A of the Bombay Act, during such arbitration proceedings or before the date on which the proceeding is completed or the date on which the award of the Court comes into operation, whichever is later, if such proceedings are in respect of any of the matters covered by the notice of strike; (h) in cases where an industrial dispute has been referred to the adjudication of the Industrial Tribunal or Labour Court under the Central Act, during the pendency of such proceeding before such authority and before the conclusion of such proceeding, if such proceeding is in respect of any of the matters covered by notice of strike: Provided that, nothing in clauses (g) and (h) shall apply to any strike, where the union has offered in writing to submit the industrial dispute to arbitration under sub-section (6) of section 58 of the Bombay Act or section 10-A of the Central Act, and (i) the employer does not accept the offer; or (ii) the employer accepts the offer but disagreeing on the choice of the arbitrator, does not agree to submit the dispute to arbitration without naming an arbitrator as provided in the Bombay Act, and thereafter, the dispute has been referred for arbitration of the Industrial Court under section 73-A of the Bombay Act, or where the Central Act applies, while disagreeing on the choice of the arbitrator, the employer does not agree to submit the dispute to arbitration of the arbitrator recommended by the State Government in this behalf and thereafter, the dispute has been referred for adjudication of the Industrial Tribunal or the Labour Court, as the case may be, under the Central Act; or (i) during any period in which any settlement or award is in operation, in respect of any of the matters covered by the settlement or award; (2) "illegal lock-out" means a lock-out which is commenced or continued,- (a) without giving to the employees, a notice of lock-out in the prescribed form or within fourteen days of the giving of such notice; (b) during the pendency of conciliation proceeding under the Bombay Act or the Central Act and seven days after the conclusion of such proceeding in respect of any of the matters covered by the notice of lock-out; (c) during the period when a submission in respect of any of the matters covered by the notice of lock-out is registered under section 66 of the Bombay Act, before such submission is lawfully revoked; (d) where an industrial dispute in respect of matter covered by the notice of lock-out has been referred to the arbitration of a Labour Court or the Industrial Court voluntarily under sub-section (6) of section 58 or section 71 of the Bombay Act, during the arbitration proceeding or before the date on which the arbitration proceeding is completed or the date on which the award of the arbitrator comes into operation, whichever is later; (e) during the pendency of arbitration proceedings before an arbitrator under the Central Act and before the date on which the arbitration proceedings are concluded, if such proceedings are in respect of any of the matters covered by the notice of lock-out; (f) in cases where an industrial dispute has been referred to the arbitration of a Labour Court or the Industrial Court compulsorily under sections 72, 73 or 73-A of the Bombay Act, during such arbitration proceeding or before the date on which the proceeding is completed, or the date on which the award of the Court comes into operation, whichever is later, if such proceedings are in respect of any of the matters covered by the notice of lock-out; or (g) in cases where an industrial dispute has been referred to the adjudication of the Industrial Tribunal or Labour Court under the Central Act, during the pendency of such proceeding before such authority and before the conclusion of such proceeding, if such proceeding is in respect of any of the matters covered by the notice of lock-out: Provided that, nothing in clauses (f) and (g) shall apply to any lock-out where the employer has offered in writing to submit the industrial dispute to arbitration under sub-section (6) of section 58 of the Bombay Act, or section 10-A of the Central Act; and (i) the union does not accept the offer; (ii) the union accepts the offer, but disagreeing on the choice of the arbitrator, does not agree to submit the dispute to arbitration without naming an arbitrator as provided in the Bombay Act, and thereafter, the dispute has been referred for arbitration of the Industrial Court under section 73-A of the Bombay Act; or where the Central Act applies, while disagreeing on the choice of the arbitrator the union does not agree to submit the dispute to arbitration of the arbitrator recommended by the State Government in this behalf and thereafter, the dispute has been referred for adjudication of the Industrial Tribunal or the Labour Court, as the case may be, under the Central Act; (h) during any period in which any settlement or award is in operation, in respect of any of the matters covered by the settlement or award. ### 25. Reference of Labour Court for declaration whether strike or lock-out is illegal. (1) Where the employees in any undertaking have proposed to go on strike or have commenced a strike, the State Government or the employer of the undertaking may make a reference to the Labour Court for a declaration that such strike is illegal. (2) Where the employer of any undertaking has proposed a lock-out or has commenced a lock-out, the State Government or the recognised union or, where there is no recognised union, any other union of the employees in the undertaking may make a reference to the Labour Court for a declaration whether such lock-out will be illegal. Explanation. - For the purposes of this section, recognised union includes a representative union under the Bombay Act. (3) No declaration shall be made under this section, save in the open Court. (4) The declaration made under this section, shall be recognised as binding, and shall be followed in all proceedings under this Act. (5) Where any strike or lock-out declared to be illegal under this section is withdrawn within forty-eight hours of such declaration, such strike or lock-out shall not, for the purposes of this Act, be deemed to be illegal under this Act. Chapter VI Unfair Labour Practices --------------------------------------- ### 26. Unfair labour practices. - In this Act, unless the context requires otherwise, 'unfair labour practices' mean any of the practices listed in Schedules II, III and IV. ### 27. Prohibition on engaging in unfair labour practices. - No employer or union and no employees shall engage in any unfair labour practice. ### 28. Procedure for dealing with complaints relating to unfair labour practices. (1) Where any person has engaged in or is engaging in any unfair labour practice, then any union or any employee or any employer or any Investigating Officer may, within ninety days of the occurrence of such unfair labour practice, file a complaint before the Court competent to deal with such complaint either under section 5, or as the case may be, under section 7 of this Act: Provided that, the Court may entertain a complaint after the period of ninety days from the date of the alleged occurrence, if good and sufficient reasons are shown by the complainant for the late filing of the complaint. (2) The Court shall take a decision on every such complaint as far as possible within a period of six months from the date of receipt of the complaint. (3) On receipt of a complaint under sub-section (1), the Court may, if it so considers necessary, first cause an investigation into the said complaint to be made by the Investigating Officer, and direct that a report in the matter may be submitted by him to the Court, within the period specified in the direction. (4) While investigating into any such complaint, the Investigating Officer may visit the undertaking, where the practice alleged is said to have occurred, and make such enquiries as he considers necessary. He may also make efforts to promote settlement of the complaint. (5) The Investigating Officer shall, after investigating into the complaint under sub-section (4) submit his report to the Court, within the time specified by it, setting out the full facts and circumstances of the case, and the efforts made by him in settling the complaint. The Court shall, on demand and on payment of such fee as may be prescribed by rules, supply a copy of the report to the complainant and the person complained against. (6) If, on receipt of the report of the Investigating Officer, the Court finds that the complaint has not been settled satisfactorily, and that facts and circumstances of the case require, that the matter should be further considered by it, the Court shall proceed to consider it, and give its decision. (7) The decision of the Court, which shall be in writing, shall be in the form of an order. The order of the Court shall be final and shall not be called in question in any civil or criminal court. (8) The Court shall cause its order to be published in such manner as may be prescribed. The order of the Court, shall become enforceable from the date specified in the order. (9) The Court shall forward a copy of its order to the State Government and such officers of the State Government as may be prescribed. ### 29. Parties on whom order of Court shall be binding. - An order of the Court shall be binding on - (a) all parties to the complaint; (b) all parties who were summoned to appear as parties to the complaint, whether they appear or not, unless the Court is of opinion that they were improperly made parties; (c) in the case of an employer who is a party to the complaint before such Court in respect of the undertaking to which the complaint relates, his heirs, successors or assigns in respect of the undertaking to which the complaint relates; and (d) where the party referred to in clause (a) or clause (b) is composed of employees, all persons, who on the date of the complaint, are employed in the undertaking to which the complaint relates and all persons who may be subsequently employed in the undertaking. Chapter VII Powers Of Courts --------------------------------- ### 30. Powers of Industrial and Labour Courts. (1) Where a Court decides that any person named in the complaint has engaged in, or is engaging in, any unfair labour practice, it may in its order - (a) declare that an unfair labour practice has been engaged in or is being engaged in by that person, and specify any other person who has engaged in, or is engaging in the unfair labour practice; (b) direct all such persons to cease and desist from such unfair labour practice, and take such affirmative action (including payment of reasonable compensation to the employee or employees affected by the unfair labour practice, or reinstatement of the employee or employees with or without back wages, or the payment of reasonable compensation), as may in the opinion of the Court be necessary to effectuate the policy of the Act; (c) where a recognised union has engaged in or is engaging in, any unfair labour practice, direct that its recognition shall be cancelled or that all or any of its rights under sub-section (1) of section 20 or its right under section 23 shall be suspended. (2) In any proceeding before it under this Act, the Court, may pass such interim order (including any temporary relief or restraining order) as it deems just and proper (including directions to the person to withdraw temporarily the practice complained of, which is an issue in such proceeding), pending final decision: Provided that, the Court may, on an application in that behalf, review any interim order passed by it. (3) For the purpose of holding an enquiry or proceeding under this Act, the Court shall have the same powers as are vested in Courts in respect of - (a) proof of facts by affidavit; (b) summoning and enforcing the attendance of any person, and examining him on oath; (c) compelling the production of documents; and (d) issuing commissions for the examination of witnesses. (4) The Court shall also have powers to call upon any of the parties to proceedings before it to furnish in writing, and in such forms as it may think proper, any information, which is considered relevant for the purpose of any proceedings before it, and the party so called upon shall thereupon furnish the information to the best of its knowledge and belief, and if so required by the Court to do so, verify the same in such manner as may be prescribed. ### 31. Consequences of non-appearance of parties. (1) Where in any proceeding before the Court, if either party, inspite of notice of hearing having been duly served on it, does not appear, when the matter is called on for hearing the Court may either adjourn the hearing of the matter to a subsequent day, or proceed ex parte, and make such order as it thinks fit. (2) Where any order is made ex parte under sub-section (1), the aggrieved party may, within thirty days of the receipt of the copy thereof, make an application to the Court to set aside such order. If the Court is satisfied that there was sufficient cause for non-appearance of the aggrieved party, it may set aside the order so made, and shall appoint a date for proceeding with the matter: Provided that:, no order shall be set aside on any such application as aforesaid, unless notice thereof has been served on the opposite party. ### 32. Power of Court to decide all connected matters. - Notwithstanding anything contained in this Act, the Court shall have the power to decide all matters arising out of any application or a complaint referred to it for the decision under any of the provisions of this Act. ### 33. Regulations to be made by Industrial Court. (1) The Industrial Court may make regulations consistent with the provisions of this Act and rules made thereunder regulating its procedure. (2) In particular, and without prejudice to the generality of the foregoing power such regulations may provide for the formation of Benches consisting of one or more of its members (including provision for formation of a Full Bench consisting of three or more members) and the exercise by such Bench of the jurisdiction and powers vested in them: Provided that, no Bench shall consist only of a member, who has not been, and at the time of his appointment, was not eligible for appointment as a Judge of a High Court. (3) Every regulation made under this section shall be published in the Official Gazette. (4) Every proceeding before the Court shall be deemed to be a judicial proceeding within the meaning of sections 192, 193 and 228 of the Indian Penal Code, (XLV of 1860). (5) The Court shall have power to direct by whom the whole or any part of the costs of any proceeding before it shall be paid: Provided that, no such cost shall be directed to be paid for the service of any legal adviser engaged by any party. ### 34. Execution of order as to costs. - An order made by the Court regarding the costs of a proceeding may be produced before the Court of the Civil Judge within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business, or where such place is within the local limits of the ordinary civil jurisdiction of the High Court, before the Court of Small Causes of Bombay, and such Court shall execute such order in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit. ### 35. Law declared by Industrial Court to be binding. - The determination of any question of law in any order, decision, or declaration passed or made, by the Full Bench of the Industrial Court constituted under the regulations made under section 33 shall be binding and shall be followed in all proceedings under this Act. ### 36. Authorised Officer to appear in any proceeding before Court. - The State Government may authorise, and direct any officer of Government to appear in any proceeding before the Court by giving notice to such Court; and on such notice being given, such officer shall be entitled to appear in such proceeding and to be heard by the Court. ### 37. Powers of Investigating Officers. (1) An Investigating Officer shall exercise the powers conferred on him by or under this Act, and shall perform such duties as may be assigned to him, from time to time, by the Court. (2) For the purpose of exercising such powers and performing such duties, an Investigating Officer may, subject to such conditions as may be prescribed, at any time during working hours, and outside working hours after reasonable notice, enter and inspect- (a) any place used for the purpose of any undertaking; (b) any place used as the office of any union; (c) any premises provided by an employer for the residence of his employees; and shall be entitled to call for and inspect all relevant documents which he may deem necessary for the due discharge of his duties and powers under this Act. (3) All particulars contained in, or information obtained from, any document inspected or called for under sub-section (2) shall, if the person in whose possession the document was, so requires, be treated as confidential. (4) An Investigating Officer may, after giving reasonable notice, convene a meeting of employees for any of the purposes of this Act, on the premises where they are employed, and may require the employer to affix a written notice of the meeting at such conspicuous place in such premises as he may order, and may also himself affix or cause to be affixed such notice. The notice shall specify the date, time and place of the meeting, the employees or class of employees affected, and the purpose for which the meeting is convened: Provided that, during the continuance of a lock-out which is not illegal, no meeting of employees affected thereby shall be convened on such premises without the employer's consent. (5) An Investigating Officer shall be entitled to appear in any proceeding under this Act. (6) An Investigating Officer may call for and inspect any document which he has reasonable ground for considering to be relevant to the complaint or to be necessary for the purpose of verifying the implementation of any order of the Court or carrying out any other duty imposed on him under this Act, and for the aforesaid purposes the Investigating Officer shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (V of 1908) in respect of compelling the production of documents. Chapter VIII Powers of Labour Court and Industrial Court to try Offences under this Act -------------------------------------------------------------------------------------------- ### 38. Powers of Labour Court in relation to offences. (1) A Labour Court shall have power to try offences punishable under this Act. (2) Every offence punishable under this Act shall be tried by a Labour Court within the limits of whose jurisdiction it is committed. ### 39. Cognisance of offence. - No Labour Court shall take cognisance of any offence except on a complaint of facts constituting such offence made by the person affected thereby or a recognised union or on a report in writing by the Investigating Officer. ### 40. Powers and Procedure of Labour Courts in trials. - In respect of offences punishable under this Act, a Labour Court shall have all the powers under the [Code of Criminal Procedure, 1898, (V of 1898),] [Now see 39 of the Code of Criminal Procedure, 1973.] of a Presidency Magistrate in Greater Bombay and a Magistrate of the First Class elsewhere, and in the trial of every such offence, shall follow the procedure laid down in Chapter XXII of the said Code for a summary trial in which an appeal lies; and the rest of the provisions of the said Code shall, so far as may be, apply to such trial. ### 41. Powers of Labour Court to impose higher punishment. - Notwithstanding anything contained in section 32 of the [Code of Criminal Procedure, 1898, (V of 1898)] [Now see 39 of the Code of Criminal Procedure, 1973.] it shall be lawful for any Labour Court to pass any sentence authorised under this Act in excess of its powers under section 32 of the said Code. ### 42. Appeal. (1) Notwithstanding anything contained in section 40, an appeal shall lie to the Industrial Court- (a) against a conviction by a Labour Court, by the person convicted; (b) against an acquittal by a Labour Court in its special jurisdiction, by the complainant; (c) for enhancement of a sentence awarded by a Labour Court in its special jurisdiction, by the State Government. (2) Every appeal shall be made within thirty days from the date of the conviction, acquittal or sentence, as the case may be: Provided that, the Industrial Court may, for sufficient reason, allow an appeal after the expiry of the said period. ### 43. Powers of Industrial Court. (1) The Industrial Court in an appeal under section 42 may confirm, modify, add to, or rescind any order of the Labour Court appealed against; and may pass such order thereon as it may deem fit. (2) In respect of offences punishable under this Act, the Industrial Court shall have all the powers of the High Court of Judicature at Bombay under the [Code of Criminal Procedure, 1898, (V of 1898).] [Now see the Code of Criminal Procedure, 1973.] (3) A copy of the order passed by the Industrial Court shall be sent to the Labour Court. ### 44. Industrial Court to exercise superintendence over Labour Court. - The Industrial Court shall have superintendence over all Labour Courts and may,- (a) call for returns; (b) make and issue general rules and prescribe forms for regulating the practice and procedure of such Courts in matters not expressly provided for by this Act and in particular, for securing the expeditious disposal of cases; (c) prescribe form in which books, entries and accounts shall be kept by officers of any such Courts; (d) settle a table of fees payable for process issued by a Labour Court or the Industrial Court. ### 45. Power of Industrial Court to transfer proceedings. - The Industrial Court may, by order in writing, and for reasons to be stated therein, withdraw any proceeding under this Act pending before a Labour Court, and transfer the same to another Labour Court for disposal and the Labour Court to which the proceeding is so transferred may dispose of the proceeding, but subject to any special direction in the order of transfer, proceed either de novo or from the stage at which it was so transferred. ### 46. Order of Industrial or Labour Court not to be called in question in Criminal Courts. - No order of a Labour Court or an order of the Industrial Court in appeal in respect of offences tried by it under this Act shall be called in question in any Criminal Court. Chapter IX Penalties ------------------------- ### 47. Penalty for disclosure of confidential information. - If an Investigating Officer or any person present at, or concerned in, any proceeding under this Act wilfully discloses any information or the contents of any document in contravention of the provisions of this Act, he shall, on conviction, on a complaint made by the party who gave the information or produced the document in such proceeding, be punished with fine which may extend to one thousand rupees. ### 48. Contempts of Industrial or Labour Courts. (1) Any person who fails to comply with any order of the Court under clause (b) of sub-section (1) or sub-section (2) of section 30 of this Act shall, on conviction, be punished with imprisonment which may extend to three months or with fine which may extend to five thousand rupees. (2) If any person,- (a) when ordered by the Industrial Court or a Labour Court to produce or deliver up any document or to furnish information being legally bound so to do, intentionally omits to do so; or (b) when required by the Industrial Court or a Labour Court to t yid himself by an oath or affirmation to state the truth refuses to do so; (c) being legally bound to state the truth on any subject to the Industrial Court or a Labour Court refuses to answer any question demanded of him touching such subject by such Court; or (d) intentionally offers any insult or causes any interruption to the Industrial Court or a Labour Court at any stage of its judicial proceeding, he 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. (3) If any person refuses to sign any statement made by him, when required to do so, by the Industrial Court or a Labour Court, he shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both. (4) If any offence under sub-section (2) or (3), is committed in the view or presence of the Industrial Court or as the case may be, a Labour Court, such Court may, after recording the facts constituting the offence and the statement of the accused as provided in the [Code of Criminal Procedure, 1898, (V of 1898),] [Now see 39 of the Code of Criminal Procedure, 1973.] forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given for the appearance of the accused person before such Magistrate or, if sufficient security is not given, shall forward such person in custody to such Magistrate. The Magistrate to whom any case is so forwarded shall proceed to hear the complaint against the accused person in the manner provided in the said Code of Criminal Procedure. (5) If any person commits any act or publishes any writing which is calculated to improperly influence the Industrial Court, or a Labour Court or to bring such Court or a member or a Judge thereof into disrepute or contempt or to lower its or his authority, or to interfere with the lawful process of any such Court, such person shall be deemed to be guilty of contempt of such Court. (6) In the case of contempt of itself, the Industrial Court shall record the facts constituting such contempt, and make a report in that behalf to the High Court. (7) In the case of contempt of a Labour Court, such Court shall record the facts constituting such contempt, and make a report in that behalf to the Industrial Court; and thereupon, the Industrial Court may, if it considers it expedient to do so, forward the report to the High Court. (8) When any intimation or report in respect of any contempt is received by the High Court under sub-section (6) or (7), the High Court shall deal with such contempt as if it were contempt of itself, and shall have and exercise in respect of it the same jurisdiction, powers and authority in accordance with the same procedure and practice as it has and exercises in respect of contempt of itself. ### 49. Penalty for obstructing officers from carrying out their duties and for failure to produce documents or to comply with requisition or order. - Any person who wilfully,- (i) prevents or obstructs officers, members of the office staff, or members of any union from exercising any of their rights conferred by this Act; (ii) refuses entry to an Investigating Officer to any place which he is entitled to enter; (iii) fails to produce any document which he is required to produce; or (iv) fails to comply with any requisition or order issued to him by or under the provisions of this Act or the rules made thereunder; shall, on conviction, be punished with fine which may extend to five hundred rupees. ### 50. Recovery of money due from employer. - Where any money is due to an employee from an employer under an order passed by the Court under Chapter VI, the employee himself or any other person authorised by him in writing in this behalf, or in the case of death of the employee, his assignee or heirs may, without prejudice to any other mode of recovery, make, an application to the Court for the recovery of money due to him, and if the Court is satisfied that any money is so due, it shall issue a certificate for that amount to the Collector, who shall, proceed to recover the same in the same manner as an arrear of land revenue: Provided that, every such application shall be made within one year from the date on which the money became due to the employee from the employer: Provided further that, any such application may be entertained after the expiry of the said period of one year, if the Court is satisfied that the applicant had sufficient cause for not making the application within the said period. ### 51. Recovery of fines. - The amount of any fine imposed under this Chapter shall be recoverable as arrear of land revenue. Chapter X Miscellaneous ---------------------------- ### 52. Periodical returns to be submitted to Industrial and Labour Courts. - Every recognised union shall submit to the Industrial Court and Labour Court on such dates and in such manner as may be prescribed periodical returns of its membership. ### 53. Modifications of Schedules. (1) The State Government may, after obtaining the opinion of the Industrial Court, by notification in the Official Gazette, at any time make any addition to, or alteration in, any Schedules II, III or IV and may, in the like manner, delete any item therefrom: Provided that, before making any such addition, alteration or deletion, a draft of such addition, alteration or deletion shall be published for the information of all persons likely to be affected thereby, and the State Government shall consider any objections or suggestions that may be received by it from any person with respect thereto. (2) Every such notification shall, as soon as possible after its issue, be laid by the State Government before the Legislature of the State. ### 54. Liability of executive of union. - Where anything is required to be done by any union under this Act, the person authorised in this behalf by the executive of the union, and where no person is so authorised, every member of the executive of the union shall be bound to do the same, and shall be personally liable, if default is made in the doing of any such thing. Explanation. - For the purpose of this section, the "executive of a union" means the body by whatever name called to which the management of the affairs of the union is entrusted. ### 55. Offence under section 48(1) to be cognisable. - The offence under sub-section (1) of section 48, shall be cognisable. ### 56. Certain officers to be public servants. - Investigating Officers, a member of the Industrial or Labour Court and a member of the staff of any such Court shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (XLV of 1860). ### 57. 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 purported to be done by or under this Act. ### 58. Pending proceedings. - Any proceeding pending before the State Government or before any tribunal or any other authority, or any proceedings relating to the trial of offences punishable under the provisions of the Central Act or Bombay Act before the commencement of this Act shall he continued and completed as if this Act had not been passed and continued in operation, and any penalty imposed in such proceedings shall be recorded under such Central or, as the case may be, Bombay Act. ### 59. Bar of proceedings under Bombay or Central Act. - If any proceeding in respect of any matter falling within the purview of this Act is instituted under this Act, then no proceeding shall at any time be entertained by any authority in respect of that matter under the Central Act or, as the case may be, the Bombay Act; and if any proceeding in respect of any matter within the purview of this Act is instituted under the Central Act, or as the case may be, the Bombay Act, then no proceedings shall at any time be entertained by the Industrial or Labour Court under this Act. ### 60. Bar of suits. - No civil court shall entertain any suit which forms or which may form the subject-matter of a complaint or application to the Industrial Court or Labour Court under this Act; or which has formed the subject of an interim or final order of the Industrial Court or Labour Court under this Act. ### 61. Rules. (1) The State Government may, by notification, in the Official Gazette and subject to the condition of previous publication, make rules for carrying out the purposes of this Act. (2) Every rule made under this section shall be laid as soon as may be after it is made before each House of the State Legislature, while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of 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 or omitted to be done under that rule. I --- [See section 20(2) ] The Industrial Disputes Act, 1947 ### 1. In section 3, to sub-section (1) , the following proviso shall be added, namely:- "Provided that, where there is a recognised union for any undertaking under any law for the time being in force, then the recognised union shall appoint its nominees to represent the workmen who are engaged in such undertaking. Explanation. - In the proviso to sub-section (1) , the expression 'undertaking' includes an establishment." ### 2. In section 10, in sub-section (2) , after "appropriate Government" insert "on such application being made by a union recognised for any undertaking under any law for the time being in force, and in any other case,". ### 3. In section 10-A,- (a) in sub-section (1) after the words "workmen" the words "and where under any law for the time being in force, there is a recognised union in respect of any undertaking, the employer and such recognised union" shall be inserted; (b) to sub-section (3-A), the following proviso shall be added, namely:- "Provided that, nothing in this sub-section shall apply, where a dispute has been referred to arbitration in pursuance of an agreement between the employer and the recognised union under sub-section (1) of this section."; (c) in sub-section (4-A), after the words, brackets, figure and letter "sub-section (3-A)" the words "or where there is a recognised union for any undertaking under any law for the time being in force and an industrial dispute has been referred to arbitration" shall be inserted. ### 4. In section 18,- (a) to sub-section (I) the following proviso shall be added, namely:- "Provided that, where there is a recognised union for any undertaking under any law for the time being in force, then such agreement (not being an agreement in respect of dismissal, discharge, removal, retrenchment, termination of service, or suspension of an employee) shall be arrived at between the employer, and the recognised union only; and such agreement shall be binding on all persons referred to in clause (c) , and clause (d), of sub-section (3) of this section." (b) in sub-section (3), after the word, figure, and letter "section 10-A" the words "or an arbitration award in a case where there is a recognised union for any undertaking under any law for the time being in force" shall be inserted. ### 5. In section 19- (a) after sub-section (2), the following sub-section shall be added, namely:- "(2A) Notwithstanding anything contained in this section, where a union has been recognised under any law for the time being in force, or where any other union is recognised in its place under such law, then notwithstanding anything contained in sub-section (2) , it shall be lawful to any such recognised union to terminate the settlement after giving 'two months' written notice to the employer in that behalf."; (b) to sub-section (7), the following shall be added, namely:- "and where there is a recognised union for any undertaking under any law for the time being in force, by such recognised union.". ### 6. In section 36, to sub-section (1) , the following shall be added, namely:- "Provided that, where there is a recognised union for any undertaking under any law for the time being in force, no workman in such undertaking shall be entitled to be represented as aforesaid in any such proceeding (not being a proceeding in which the legality or propriety of an order of dismissal, discharge, removal, retrenchment, termination of service, or suspension of an employee is under consideration) except by such recognised union.". II ---- Unfair Labour Practices on the part of Employers ### 1. To interfere with, restrain or coerce employees in the exercise of their right to organise, form, join or assist a trade union and to engage in concerned activities for the purposes of collective bargaining or other mutual aid or protection, that is to say- (a) threatening employees with discharge or dismissal, if they join a union; (b) threatening a lock-out or closure, if a union should be organised; (c) granting wage increase to employees at crucial period of union organisation, with a view to undermining the efforts of the union at organisation. ### 2. To dominate, interfere with, or contribute, support - financial or otherwise - to any union, that is to say- (a) an employer taking an active interest in organising a union of his employees; and (b) an employer showing partiality or granting favour to one of several unions attempting to organise his employees or to its members, where such a union is not a recognised union. ### 3. To establish employer sponsored unions. ### 4. To encourage or discourage membership in any union by discriminating against any employee, that is to say- (a) discharging or punishing an employee because he urged other employees to join or organise a union; (b) discharging or dismissing an employe6 for taking part in any strike (not being a strike which is deemed to be an illegal strike under this Act); (c) changing seniority rating of employees because of union activities; (d) refusing to promote employees to higher posts on account of their union activities; (e) giving unmeritted promotions to certain employees, with a view to sow discord amongst the other employees, or to undermine the strength of their union, (f) discharging office-bearers or active union members, on account of their union activities. ### 5. To refuse to bargain collectively, in good faith, with the recognised union. ### 6. Proposing or continuing a lock-out deemed to be illegal under this Act. III ----- Unfair Labour Practices on the, part of Trade Unions ### 1. To advise or actively support or instigate any strike deemed to be illegal under this Act. ### 2. To coerce employees in the exercise of their right to self-organisation or to join unions or refrain from joining any union, that is to say- (a) for a union or its members to picketing in such a manner that non-striking employees are physically debarred, from entering the work-place; (b) to indulge in acts of force or violence or to hold out threats of intimidation in connection with a strike against non-striking employees or against managerial staff. ### 3. For a recognised union to refuse to bargain collectively in good faith with the employer. ### 4. To indulge in coercive activities against certification of a bargaining representative. ### 5. To stage, encourage or instigate such forms of coercive actions as wilful "go slow" squatting an the work premises after working hours or "gherao" of any of the members of the managerial or other staff. ### 6. To stage demonstrations at the residences of the employers or the managerial staff members. IV ---- General Unfair Labour Practices on the part of Employers ### 1. To discharge or dismiss employees - (a) by way of victimisation; (b) not in good faith, but in colourable exercise of employer's rights; (c) by falsely implicating an employee in a criminal case on false evidence or on concocted evidence; (d) for patently false reasons; (e) on untrue or trumped up allegation of absence without leave; (f) in utter disregard of the principles of natural justice in the conduct of domestic enquiry or with undue haste; (g) for misconduct of a minor or technical character, without having any regard to the nature of the particular misconduct or the past record of service of the employee, so as to amount to a shockingly disproportionate punishment. ### 2. To abolish the work of a regular nature being done by employees, and to give such work to contractors as a measure of breaking a strike. ### 3. To transfer an employee mala fide from one place to another, under the guise of following management policy. ### 4. To insist upon individual employees, who were on legal strike, to sign a good conduct-bond, as a pre-condition to allowing them to resume work. ### 5. To show favouritism or partiality to one set of workers, regardless of merits. ### 6. To employ employee as "badlis", casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent employees. ### 7. To discharge or discriminate against any employee for filing charges or testifying against an employer in any enquiry or proceeding relating to any industrial dispute. ### 8. To recruit employees during a strike which is not an illegal strike. ### 9. Failure to implement award, settlement or agreement. ### 10. To indulge in act of force or violence .

65b9cdb8ab84c7eca86ea05a

acts

State of Madhya Pradesh - Act ------------------------------- M.P. Industrial Relations Rules, 1961 --------------------------------------- MADHYA PRADESH India M.P. Industrial Relations Rules, 1961 ======================================= Rule M-P-INDUSTRIAL-RELATIONS-RULES-1961 of 1961 -------------------------------------------------- * Published on 29 May 1961 * Commenced on 29 May 1961 M.P. Industrial Relations Rules, 1961 Published vide Notification No. 3254-2291-16, dated 29-5-1961, M.P. Gazette, Part 4(G) , dated 2-6-1961 at page 301 ### 1. These rules may be called the Madhya Pradesh Industrial Relations Rules, 1961. ### 2. In these Rules unless the context otherwise requires,- (a) "Act" means the Madhya Pradesh Industrial Relations Act, 1960 (No. 27 of 1960); (b) "Form" means a form appended to these rules; (c) "Schedule" means a schedule appended to the Act; (d) "Section" means a section of the Act. ### 3. (1) For the purpose of preparing the panels of members representing the interests of employers and employees under sub- section (2) of Section 11, the State Government shall invite representatives of employers and employees and such other bodies and persons, as it may deem fit to recommended the names of suitable persons to be included in the panels. The State Government after considering all recommendations received by it, shall prepare two separate panels, one of members representing the interest of employers and the other of members representing the interests of employees. (2) The State Government may from time to time, revise the panels prepared under sub-rule (1) in the manner provided therein. ### 4. No person who has been adjudged bankrupt or has been declared to be of unsound mind by a competent court or has been convicted in a criminal proceeding for an offence involving moral turpitude shall be eligible for inclusion in the panels prepared under Rule 3 and if any person incurs any such disqualification after his name has been included in any such panel his name shall be removed from the panel by the State Government. ### 5. The panels prepared under Rule 3 shall be published in the Official Gazette. ### 6. (1) If any person who name is included in a panel prepared under Rule 3 dies or tenders his resignation his name shall be removed from the panel and the name of any other person eligible therefor may be included in the manner provided in sub-rule (1) of Rule 3. (2) The removal and the inclusion of the name of every person from or in a panel shall be notified in the Official Gazette. ### 7. For the purpose of constituting a Board under Section 11, the Commissioner of Labour or any officer authorised by him in this behalf, shall by a written notice in Form 'A' call upon each party to a dispute- (i) to submit panel of not less than five persons representing its interest; and (ii) to propose jointly a person to be appointed as Chairman of the Board within fifteen days of the receipt of the notice. ### 8. (1) If a vacancy occurs in the office of the Chairman jointly nominated under Rule 7, it shall be filled in the same manner as is provided in sub-section (4) of Section 11, read with the said rule. (2) If the President or a member of the Industrial Court has been appointed Chairman of the Board under paragraph (ii) of the proviso to sub-section (4) of Section 11, any vacancy in the office of the Chairman shall be filled in by the State Government by appointing the successor in office of the President or such member or any other member of the Industrial Court to be Chairman of the Board. ### 9. If a vacancy occurs in the office of a Member or the Board appointed from a panel- (i) submitted by a party under sub-section (3) of Section 11, it shall be filled by the State Government by nominating any other person from such panel; (ii) if no such person is available, it shall be filled by appointing any person from the appropriate panel prepared under Rule 3. ### 10. An application by a Union for recognition under sub-section (1) or Section 13 shall be submitted in Form 'B'. ### 11. The fee payable under sub-section (2) of Section 13 shall be rupees five to be paid in cash. ### 12. The certificate of recognition issued by the Registrar under subsection (2) of Section 13 shall be in Form 'C' ### 13. (1) On receipt of an application for recognition from a union under sub-section (1) of Section 13 and on payment of a fee of Rs. 5, prescribed in Rule 11, the Registrar shall cause a notice to be put up on the premises of all the undertakings in the industries of the local area concerned at such conspicuous place or places, as he may deem fit, inviting objections to the recognition of the union as a representative union within a period to be specified in the notice, which shall not be less than 15 days. (2) If no objection is received within the period specified under sub-rule (1) the Registrar may, before passing any order on the application and taking any action sub-section (2) of Section 13, inquire and call for further information from the union for the purpose of ascertaining whether the union is entitled to recognition under the said sub-section. (3) If any objection is received from any person within the period specified in the notice referred to in sub-rule (1) the Registrar shall fix the date, time and place for hearing the objection and give notice of such date, time and place to the applicant and the objector. On the date so fixed or any other date to which the enquiry may be adjourned, the Registrar shall hear the parties and proceed to enquire into the objections which any person has stated pursuant to the notice given under sub-rule (1) and into the claims of the union for being recognised as representative union under the Act. (4) On hearing the applicant union and the objector and if necessary after collecting any relevant information and/or recording any evidence, the Registrar is satisfied that the applicant union fulfils and the conditions necessary for recognition he shall recognize and register such union in the manner prescribed in Section 15. (5) The result of the enquiry made under sub-rule (2) or (3) shall be communicated to the applicant union as soon as may be practicable. ### 14. The register of representative unions to be maintained under Section 15 shall be in Form D. ### 15. For the purpose of clause (b) of Section 16, the Registrar shall fix a date, time and place for hearing and shall cause a notice of the same to be served on the union and shall afford such union an opportunity of being heard. On the date so fixed or on any other date to which the hearing may be adjourned, the Registrar shall proceed to enquire into the statements, if any submitted by the union pursuant to the notice given under the said clause. He shall take down in writing all statements made by the union and shall inquire into all grounds specified in the notice. He may call for any information from the union and consider any evidence that may be produced in support by such union. ### 16. An application under sub-section (1) of Section 17 shall be accompanied by a fee of rupees ten, to be paid in cash. ### 17. (1) On the expiry of the period of notice under sub-section (1) of Section 17, the Registrar shall call for necessary information from the union making the application for recognition under sub-section (1) of the said section and the representative union in Form E and may call for such registers and other documents as he may consider necessary in this behalf. (2) On receipt of the information called for under sub-rule (1) and after giving both the parties an opportunity of being heard, the Registrar shall pass orders accepting or rejecting the application giving reasons therefor. (3) The Registrar shall communicate his decision to the applicant union and also to the representative union as soon as practicable. ### 18. The fee payable in respect of an application for re-recognition under Section 18 shall be rupees ten, to be paid in cash. ### 19. Every representative union shall on or before the 20th day of each month deliver personally in office or forward by registered post to the Registrar a periodical return of its membership in Form F as required by Section 21. ### 20. Every employer in any industry in the local area to which the Act applies shall before the tenth day of every month forward to the Registrar a statement in Form G showing correctly the number of persons employed on the first working day of the month. ### 21. The Registrar may call upon any employer or any union to produce such documents and supply such further informations as he may deem fit to prove that the information supplied under Rules 19 and 20 is correct. ### 22. (1) The Registrar shall forward in the months of January, April, July and October every year a consolidated statement for the three previous months for every industry separately to the Labour Officer of each local area containing- (a) the numbers of members of the representative union in the industry in the local area; and (b) the total number of employees in the industry in the local area. (2) Such statements shall be open to inspection by any employer or any union in the industry in the local area. ### 23. The application for legal aid by an approved union under sub-section (1) of Section 23 to the Industrial Court shall be in writing and shall be accompanied by an affidavit duly sworn in and signed by any responsible officer of the union, together with a statement of accounts and audit report of the precedings year, if any, showing the current financial position of the union. ### 24. On receipt of the application mentioned in Rule 23 the Industrial Court may call for a report form the Registrar on the financial condition of the union. ### 25. After considering the application and the report of the Registrar and after making such further enquiry as it may deem fit, the Industrial Court may refuse the legal aid or grant it in accordance with the scale specified in the Table below :- Table (a) In a proceeding before the Labour Court-Rs. 30 for each hearing up to the maximum of Rs. 200; (b) In a proceeding before the Industrial Court-Rs. 40 for each hearing up to a maximum of Rs. 250; (c) In a proceeding before the High Court-Rs. 50 for each hearing up to a maximum of Rs. 300; (d) in a proceeding before the Supreme Court-Such amount, not exceeding Rs. 500 for each hearing : Provided that for the purpose of computing the amount of legal aid in accordance with the Table, the hearing at which proceedings are adjourned without transacting any substantial work shall be excluded : Provided further that if the legal aid prescribed in the above Table for each Court is found to be inadequate, taking into consideration the issues and the quantum of work involved, the Industrial Court may grant such further legal aid as it may deem fit but not exceeding Rs. 300, Rs. 500, Rs. 700 and Rs. 1,500 in the aggregate in a proceedings before a Labour Court, the Industrial Court, the High Court and Supreme Court, respectively. ### 26. Any combination of employers desiring recognition as an association of employers under the Act shall apply in duplicate to the Registrar in Form H. On receipt of such application the Registrar shall forward a copy of the application to the Government with such remarks as he may deem fit. ### 27. (1) An association of employers which has been recognised by the State Government under Section 24 shall notify to the Registrar every change which occurs in its name, memorandum of association or constitution or membership within fifteen days of such change. (2) Any such change in the name of an association of employers may be notified in the Gazette. ### 28. Any employer in an industry, not being a member of an association of employers connected with such industry, who has agreed to be represented in any proceeding under this Act, by such association, shall send intimation in writing to that effect to the Registrar and shall send copies of such intimation to the Labour Officer for the local area, to the authority holding the proceeding and to the representative union for the industry, if any. ### 29. (1) Where more employers than one are affected or under any of the provision of the Act deemed to be affected and no association of employers under sub-section (1) of Section 25 is entitled to represent all of them, the following shall act as their representative : (a) Where there is an association of employers and two-third or more of the employers who are not members of the association agree to be represented by the association, then such an association; (b) Where there is an association of employers but less than two-thirds of the employers who are not members of the association are in favour of their being represented by the association, not more than five representatives elected from among all the employers at a meeting held by the Labour Officer for the purpose : Provided that at least one of the representatives shall be from among the employers who have not agreed to be represented by the association; (c) in all other cases, not more than five representative elected by the employers at a meeting held by the Labour Officer for the purpose: Provided that where the number of employees affected or deemed to be affected does not exceed five, no election shall be held and all the employers concerned shall be entitled to act as the representatives; (d) any vacancy in the office of a representative elected under clause (b) or (c) shall be filled by election at a meeting of the employers held by the Labour Officer for the purpose. (2) The names of persons elected as representative shall be communicated by the Labour Officer to the Registrar and the authority holding the proceeding. ### 30. Where the Labour Officer is the representative of employees, he shall, before entering into any agreement under Section 33 or settlement under Section 43, place the terms of such agreement or settlement before a meeting of the employees concerned. Such meeting shall be convened by the Labour Officer or any person deputed by him for the purpose at such time and place as the Labour Officer may determine and in such manner as he deems fit. If a majority of the employees present at the meeting accept the term of agreement or settlement, all the employees affected shall be deemed to have accepted the terms of such agreement or settlement. ### 31. Any employer intending to effect any change in respect of an industrial matter specified in Schedule I, shall give notice of such intention to the representative of employees in Form I and shall send a copy of such notice to Chief Conciliator, the Conciliator for the industry concerned in the local area, the Registrar, and the Labour Officer of the industry for the local area concerned. ### 32. A representative of employees desiring a charge in respect of an industrial matter which is neither covered by Standing Orders nor specified in Schedule II, shall give notice to the employer in Form J and shall send a copy of such notice to the Chief Conciliator, the Conciliator for the industry concerned in the local area, the Registrar, and the Labour Officer or the industry for the local area concerned. ### 33. Every application under sub-section (3) of Section 31 shall be made in Form K to the Labour Court having jurisdiction by registered post or be presented to the Head Clerk of the Court or any other official authorised by the Court in this behalf. ### 34. (1) The representative of employees or an employee desiring a change in respect of an industrial matter specified in Schedule II or any other matter arising out of such change, may make an application in writing to an employer. A copy of the application shall be forwarded to the Commissioner of Labour and the Labour Officer of the Industry for the local area concerned. (2) Where an application has been made by an employee or representative of employees under sub-rule (1), the employer and the employee may arrive at an agreement within fifteen days of the receipt of the application by the employer or within such further period as may be mutually fixed by the employer and the employee or the representatives of the employees concerned, as the case may be. ### 35. Where the employer and the' representative union agree to constitute a joint committee in an undertaking, they shall jointly forward their consent in writing to the Commissioner of Labour. ### 36. Within fifteen days of forwarding the consent referred to in Rule 35, a joint committee consisting of the members of whom five shall be nominated by the employer and five nominated by the representative union, shall be appointed by the employer concern. ### 37. Where there is no representative union and the State Government is of the opinion that the constitution of a join committee will be conducive to the betterment of industrial relations between the employer and the employees, the State Government may direct the employer to constitute a joint committee within thirty days of the communication of the direction. ### 38. The employer who has been directed under Rule 37 to constitute of joint committee, shall constitute such a committee consisting of ten persons, of whom five nominated by him and five shall be employees representatives nominated by Registered Union or Unions of employees of that undertaking: Provided that where there is more than one registered union, the employees' representatives in the joint committee shall be in proportion to their membership in an undertaking as may be determined by the Registrar. ### 39. In the event of a member of the joint committee ceasing to be employed in the undertaking or retiring or ceasing in any other way to be a member of such committee the vacancy shall be filled by nomination by the representative union or the registered union, as the case may be in, case the vacancy is caused from among the members representing employees. If the case the vacancy is caused from amongst the members nominated by the employer, it shall be filled by the nominee to be nominated by the employer. ### 40. (1) The Chairman of a joint committee shall be appointed by the members of the committee from among themselves at its first meeting which will be convened by the employer. (2) If the members cannot agree upon the person to be appointed as Chairman, the employer and the representative union or the registered union, as the case may be, which nominated the members of the Joint Committee shall be entitled to appointed by agreement the Chairman from among the members. (3) Faling agreement between the employer and the union, the Chairman shall be appointed by the employer and the union respectively in relation for a period of she months. ### 41. The Chairman, who shall convene and preside over the meeting of the joint committee, shall circulate the agenda of the meeting to the members along with the notice of the meeting at least forty-eight hours before the meeting except in the case of a special meeting. He shall cause the minutes of every meeting to be recorded and get them confirmed at the meeting. He shall also communicate the decisions of the joint committee to the union and the employer as well as the Labour Officer and the Commissioner of Labour. ### 42. (1) The joint committee may meet as often as convenient but not less than once a month. In cases of urgency, a special meeting of the committee may be called by giving not less than she hours' notice at the request of either side. The meetings shall be held during working hours unless otherwise agreed upon between the two sides. (2) No business other than that appearing on the agenda, shall be transacted at any meeting unless both sides agree to its introduction. (3) The presence of three-fifth of the members from each side of the committee shall be necessary to form a quorum. (4) The decision of the committee shall be arrived at by agreement between the two parties, but if no agreement is possible the decision shall be taken by vote of the majority of the members present. The Chairman shall have one vote and in case of a tie, a casting vote. Explanation. - For the purpose of this rule, the nominees of the employer shall be deemed to be as one party of the Committee and nominees of the employees as the other sides of the Committee. ### 43. (1) The statement of the case referred to in sub-section (a) of Section 39 shall be in Form L. (2) A copy of the statement of the case referred to in sub-rule (1) shall be forwarded to the Conciliator of the industry in the local area and the industry concerned and the Registrar. ### 44. The memorandum of the settlement referred to in sub-section (1) of Section 43 be drawn up in Form M. ### 45. A representative union desiring to refer an industrial dispute under Section 52 for the arbitration to a Board shall apply in writing to the Commissioner of labour expressing its desire to refer the dispute to the Board. The application shall be accompanied by a statement of facts of the dispute and the proposed terms of reference together with a certificate in Form N. A copy of such application shall be forwarded to the Chief Conciliator, the Conciliator and the Labour Officer of the industry for the local area concerned. ### 46. On receipt of the application referred to in Rule 45 the Commissioner of Labour shall forward it to the State Government for constituting a Board. A copy of such application shall also be forwarded to the Chief Conciliator, the Conciliator of the local area and the Registrar and Labour Officer. ### 47. A representative union desiring to refer an industrial dispute under Section 52 for arbitration to the Industrial Court or the Labour Court, as the case may, shall make an application in writing to such Court in Form O. A copy of such application shall be forwarded to the Chief Conciliator, the Conciliator for the local area concerned and the Registrar. ### 48. (1) A Labour Court, the Industrial Court or a Board shall fix a date for pronouncing the award. (2) A Labour Court, the Industrial Court or a Board shall publish its award by pronouncing it in open Court and also by exhibiting it on a notice board or table at its office specified for this purpose. (3) The State Government may, if it deems necessary, publish the award in the Official Gazette. ### 48A. [ Execution. [Inserted by Notification No. 4(E) 8-93-XVI-A, dated 14-10-1996.] (1) Any person in whose favour an award or determination or decision of a Labour Court or the Industrial Court is may apply within one year from the date of order in Form "OO" to the Court which made the order for its execution. (2) On such application being made to the labour Court or the Industrial Court, the Court shall follow the procedure laid down in Order XXI under the Code of Civil Procedure, 1908 (No. V of 1908) for its execution.]. ### 49. A Labour Court, the Industrial Court or a Board shall fix the time and place of its sitting and inform the parties concerned : Provided that the presiding officers of the Labour Court shall fix such place within its territorial jurisdiction. ### 50. A Labour Court, the Industrial Court or a Board shall call upon the parties in such order, as it thinks fit, to stale their case. ### 51. A Labour Court, the Industrial Court or a Board may accept, admit or call for evidence at any stage of the proceeding as it thinks fit. ### 52. The Labour Court, the Industrial Court or a Board shall as the examination of each witness proceeds record a memorandum of the substance of what the witness deposes. Such memorandum or statement shall be signed by the witness and the presiding officer of the Labour Court, the President/Member of the Industrial Court, or the Chairman of the Board, as the case may be : Provided that such Court or Board may, if it thinks fit to do so, record the statement of any witness in full. ### 53. A summons issued by a Labour Court, the Industrial Court or a Board shall be in Form P and may require any person to produce before it any book or document and article in possession of such person. ### 54. (1) The Labour Court, the Industrial Court or a Board, as the case may be, shall issue a notice in Form Q to the opposite party or parties to file the written statement. (2) Subject to the provisions of sub-rule (1), any notice, summons, process or order issued by a Labour Court, the Industrial Court or a Board empowered to issue such notice, summons, process or order may be served either personally or by registered post. (3) Where there are numerous persons as parties to any proceeding before a Labour Court, the Industrial Court or a Board and such persons are not members oi any trade union or an association, the service of notice, summons, or order on the Secretary or the principal officer of the trade union or the association shall be deemed to be sufficient service on such persons. (4) Where there are numerous persons as parties to any proceeding before Labour Court, the Industrial Court or a Board and such persons are not the members of a trade union or an association, a Labour Court, the Industrial Court or a Board as the case may be, shall cause the service of any notice, process, summons or order to be made by affixing the same at or near the main entrance of the undertaking concerned. A notice, process, summons or order served in such manner shall be deemed to be duly served on such employees as cannot be ascertained, found or served otherwise. ### 55. If, without sufficient cause being shown, any party to the proceedings, before a Labour Court, the Industrial Court or a Board fails to attend or represent the Labour Court, the Industrial Court or the Board may pass such order as it may think fit or may proceed as if the party had duly attended or represented. ### 56. A Labour Court, the Industrial Court or a Board may for the purposes of any investigation, enquiry or arbitration pending before it under the Act at any time during working hours and in the case of any person authorised by the Labour Court, the Industrial Court or the Board after he has given the reasonable notice, enter any building, undertaking, workshop or other place or premises whatsoever and inspect the same or any work, machinery, appliance or article therein or any matter relevant to the subject-matter pending before the Labour Court, the Industrial Court or the Board. ### 57. In addition to the powers conferred by the Act, a Labour Court, the Industrial Court or a Board shall have the same powers as are vested in Civil Court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters :- (a) Granting adjournments. (b) Joinder and adding of parties. (c) Amendment of Pleadings. ### 58. (1) An arbitrator, a Labour Court, the Industrial Court or a Board shall furnish a copy of an award, order or any documents filed in any proceeding before it on payment of the charges at the following rates : (a) Copying fees for 100 words or part thereof at the rate of 25 nP : Provided that where an award or order or document exceeds three foolscap size of the paper, the approximate number of words to the nearest 100 for the purpose of copying fees : Provided further that the Labour Officer, the Registrar, the Commissioner of Labour and the parties to the dispute, shall be supplied with one copy of an award, order, free of charge. (b) For certifying a copy of award, order or document a fee of 25 nP. shall be payable. (c) [ An arbitrator, a Labour Court, the Industrial Court or a Board may supply a certified copy of an order or an award at a flat rate of Re. 1 (Rupee one) to a journal approved by the Industrial Court, if such order or award is found reportable and a request for the supply of its copy has been made by the publisher of such Journal.] [Substituted by Notification No. 2638-3769-XVI, dated 19-5-1973.] (2) Copying and certifying fee shall be payable in cash in advance. (3) Where a party applies for immediate delivery of a copy of any such award, order or document, an additional fee equal to one-half fees leviable shall be payable. (4) Fees for inspection for any record of a Labour Court, the Industrial Court or a Board shall be Re. 1 : Provided that no fee shall be payable by a party to a pending proceeding for the inspection of the record of such proceeding : Provided further that no notes of any file before a Labour Court, the Industrial Court or a Board shall be taken in ink. ### 59. All questions arising for decision at any meeting of a Board, shall be decided by majority of the members present. In the event of equality of votes, the Chairman shall have a second or casting vote. ### 60. A party or its representative in any proceeding before a Labour Court, the Industrial Court or a Board shall have the right of examination, cross-examination and re-examination of the witnesses called for by such party or the opposite party as the case may be. ### 61. A Labour Court, the Industrial Court or a Board may at any proceeding recall any witness already examined. ### 62. The proceeding before a Labour Court, the Industrial Court or a Board shall be held in public : Provided that the Labour Court, the Industrial Court or the Board may direct that any witness shall be examined or its proceeding shall be held in camera. ### 63. Any person who is examined and has duly attend or otherwise appeared as a witness before a Labour Court, the Industrial Court or a Board or examined on commission, shall be entitled to an allowance for expenses according to the called or summoned scale for the time being in force with respect to witnesses in Civil Court in Madhya Pradesh. ### 64. The Labour Court and the Industrial Court shall ordinarily sit on week days from 11 a.m. to 5 p.m. with interval from 1 p.m. to 2 p.m. subject to such alterations as the Industrial Court or the Labour Court may think fit. ### 65. (1) Subject to the approval of the State Government, the Industrial Court shall prepare a list of holidays to be observed in such year as the holidays in the Industrial Court. (2) This list shall be published in the Official Gazette. ### 66. The Registrar of the Industrial Court and the Head Clerk of the Labour Court shall have the custody of the record of the Industrial Court and the Labour Court, respectively. ### 67. The Industrial Court and the Labour Court shall have an official seal of its own which shall be kept in custody of the Registrar of the Industrial Court or the Head Clerk of the Labour Court as the case may be. ### 68. A petition for revision against the order of the Labour Court shall set out clearly how and in what manner the subordinate Court has exercised jurisdiction not vested in it by law or has failed to exercise the jurisdiction so vested or the particular illegality or irregularity complained of. ### 69. A memorandum of appeal and petition for revision to the Industrial Court shall be accompanied by a certified copy of the order appealed from or sought to be revised. ### 70. A memorandum of appeal and petition for revision to the Industrial Court shall be headed "In the Industrial Court Madhya Pradesh at..................." ### 71. An application for stay order, granting of bail or for other matter, shall be separately attached with the petition for revision or memorandum of the appeal as the case may be. ### 72. A memorandum of appeal or a petition for revision and other application referred in Rule 84 shall be presented to the Registrar of the Industrial Court either personally or through authorised representative or be sent by registered post. ### 73. The Registrar of the Industrial Court with the previous approval of the President, shall in all cases fix a date for motion hearing by the appropriate bench. Intimation of the date shall be given to the party or counsel and his signature taken on the order sheet in token of the receipt of the intimation. ### 74. An application for stay order or grant of bail and other application of urgent nature shall be placed before the motion bench without records in the first instance and without delay. Other cases will be placed before the appropriate motion bench with record and the date fixed should be such as to permit the receipt of records. ### 75. If a party desires any particular revision, petition or appeal to be disposed of expeditiously it should present a separate application in that behalf. The Registrar of the Industrial Court shall thereupon place the application before the appropriate bench immediately. ### 76. If an application for stay of execution or for grant of bail is accompanied by an application for early disposal, the record of the Labour Court, or the subordinate authority, as the case may be, shall be sent for and the case will be placed before the appropriate motion bench as soon as practicable. ### 77. Appeals and revision petition for motion hearing shall be distributed by the Registrar of the Industrial Court under instructions of the President to the appropriate motion bench two days before the due date. The distribution list shall be initialled by him. The cases in which the same counsel appear shall, as far as possible, be placed together in the list. A copy of the list shall be supplied to the Judge's reader and displayed on the notice board of the Industrial Court. ### 78. At the conclusion of the motion hearing, the reader shall send the cases to the Registrar or Industrial Court: Provided that in cases where the Court has ordered stay of execution or granted an order for bail or an injunction, the Registrar of the Industrial Court shall immediately after the hearing in which the order is passed, prepare a copy of the order granting the stay of execution or bail and send or cause it to be sent under the signature of the member of the Industrial Court who passed such order to the parties concerned and are affected thereby. ### 79. A copy of the order granting stay of execution or bail shall be issued to the subordinate Court over the signature of the President or the members and the order and envelop in which it is contained shall be marked "Immediate or for bail or immediate order for stay of execution" as the case may be in red ink. ### 80. Separate registers shall be maintained of civil cases and criminal cases and also of single bench and division bench in such manner as to show when the case are ripe for hearing. From these registered cases shall ordinarily be taken up according to the order of institution. The Registrar of the Industrial Court shall prepare a monthly cause list under instruction of President showing cases likely to be taken up during the month. A copy of such cause list shall be sent also to the Government or such officer as may be specified by the Government in this behalf and shall be displayed on the notice board of the Industrial Court kept for that purpose. ### 81. In each matter coming up before the Industrial Court, a notice shall be given to the Labour Officer of the local area concerned requiring him or his deputy to attend the Court at the time and place mentioned therein. ### 82. A writ, summons, warrant or other mandatory process or a certified copy of a document except stay order, granting of bail, an order granting injunction, the judgement and an award shall be signed by the Registrar of the Industrial Court with the day, month and year of signing and shall be sealed with an official seal of the Court. ### 83. The Registrar of the Industrial Court shall be the taxing officer. ### 84. The Registrar of Industrial Court, with the previous approval of the President may receive the application for- (i) certificate copies of documents; (ii) issue of summons to witnesses and parties and for notices for appearing in Court; (iii) extension of time to file a written statement, statement of claim and any other document; (iv) inspection of documents filed in the Court; (v) return of exhibits and other documents; (vi) verification of affidavit. The applications referred to above shall be placed by the Registrar before the President, Industrial Court or the member as the case may be, for orders. ### 85. Nothing in these rules shall be deemed to limit or otherwise affect the powers of a Labour Court, the Industrial Court or the Board to make such order as may be necessary for the ends of justice or to prevent an abuse of the process of such Labour Court, the Industrial Court or a Board. ### 86. (1) The State Government may, by special or general order notified in the Official Gazette, require any employer, or employee generally, in any industry to- (i) maintain records of employment and data relating to plant, premises and manufacture and particulars relating to other industrial transactions and dealings likely to affect the matters specified in clause (a) of Section 94 in such form or in the Appendix to these rules as it may consider appropriate for such industry; and (ii) submit copies thereof to the Deputy Commissioner of Labour or such other officer as may be authorised in this behalf by the State Government at such times as may be specified in the order. (2) The Deputy Commissioner of Labour or the Officer authorised under sub-rule (1) may then obtain similar data and particulars from any other person who, in his opinion, is competent to furnish such data and particulars. ### 87. (1) Before holding an enquiry under Section 95 the officer authorised under the said section shall indicate to the employer concerned particulars in respect of which the accuracy of the records maintained by him is to be verified and the officer shall allow him or his representative to be present during the inquiry if the employer to desires. (2) The officer holding the inquiry shall, on demand, give the person concerned a written receipt for any record or document produced by him if the officer considers it necessary to retain such record or document in his possession. (3) Any record or document retained under clause (b) shall be returned to the person concerned as soon as practicable and in any case on completion of inquiry. (4) Before proceeding to hold an inquiry under sub-section (1) of Section 95, the officer authorised by the State Government shall be given at least three clear days' intimation to the employer concerned. He shall also specify in the intimation the particular records which he desires to verify. ### 88. The notice under Section 99 shall be given in Form R and shall be sent by registered post. ### 89. Certified copies of the agreements, settlements and awards registered by the Registrar and the copies of other documents which he is entitled to receive under the Act and has received such shall be given by him on payment of copying fee of 25 nP per hundred words or part thereof. ### 90. Whenever any letter, notice, statement or intimation is required to be forwarded or sent under any of these rules by registered post to any person it shall be deemed to be sufficient compliance with these rules if such letter, notice, statement or intimation is delivered by hand and an acknowledgement in writing by or on behalf of such person, is obtained in respect of such delivery. ### 91. The Central Provinces and Berar Industrial Disputes Settlement Rules, 1949, and the Madhya Bharat Industrial Relations Rules, 1952, are hereby repealed : Provided that anything done or any action taken under any of the rules so repealed shall, unless such thing or action is inconsistent with any of the provisions of these rules, be deemed to have been done or taken under the corresponding provisions of these rules. Form A (See Rule 7) Whereas a Board of Arbitration has to be constituted under Section 11 of Madhya Pradesh Industrial Relations Act, 1960, for the industrial dispute between................and..............; you are hereby required to intimate to the undersigned within fifteen days of the receipt of this notice by you the names and addresses of persons as required by sub-section (3) of Section 11 of the Act. Signature of the Commissioner of Labour or an authorised official. Form B (See Rule 10) Application for Recognition of Union Name of the Union..................Address.............. Dated the............Day of............................ To The Registrar, Madhya Pradesh Industrial Relations Act, 1960 Dear Sir, I beg to inform you that at a general meeting of the members/meeting of the executive of the above union which was held at................. on the............. day of............it was decided that the union should apply to you for recognition as a representative union for the................. industry in the local area of................ ### 2. A copy of the resolution signed by the President/Chairman of the Union is attached and I have to request that the union may be recognised accordingly. ### 3. The Union has.................. members in the industry/in the industry in the local area of............... and represents................. per cent, to the total number of employees employed in.................. the industry/in the local area. ### 4. A copy of the constitution/rules of the union is attached. ### 5. The address of the Head office of the Union to which all communications and notices may be addressed is follows :- Address of the Head Office of the Union............ Yours faithfully, General Secretary/Secretary Form C (See Rule 12) Madhya Pradesh Industrial Relations Act, 1960 Certificate of Recognition Name of the Union.................. Registration No.................... Office of the Registrar, Madhya Pradesh Industrial Relations Act, 1960 It is hereby certified that the.............Union has been recognised under the Madhya Pradesh Industrial Relations Act, 1960, this..............day of........................19.... as representative union for the................... industry, in the local area of................... Registrar Madhya Pradesh Industrial Relations Act. Form D (See Rule 14) Register of Representative Unions | | | | | | | | --- | --- | --- | --- | --- | --- | | Name | Address of Head Office | Date of recognition | Industry | Local Area | Remarks | | (1) | (2) | (3) | (4) | (5) | (6) | | | Form E [See sub-rule (1) of Rule 17] Particulars to be sent by a Union applying for recognition as a Representative Union in place of................Union ### 1. Date of application. ### 2. Name of the Union applying for recognition in place of an already recognised representative Union. ### 3. Address of Head Office. ### 4. Address of Local Office. ### 5. Names and addresses of the office bearers. ### 6. Whether the Union had applied for recognition to the Registrar at any time if so, the result of the application. ### 7. Name of the representative union in whose place the recognition is applied for............ ### 8. The address of the Head Office or/Local Office of the representative union............. ### 9. The total number of members of the union applying for recognition on the date shown in clause I above. The details of the membership of the union are given in the annexure to this form. General Secretary/Secretaryof the.................Union Annexure of Form E | | | | | | --- | --- | --- | --- | | SI. No. | Name of the undertaking | Shift | Department or occupation | | (1) | (2) | (3) | (4) | | | | | | | | | --- | --- | --- | --- | | Name of the member | Father's name | Age of the member | Whether membership subscription paid for the preceding months | | (5) | (6) | (7) | (8) | | | | | | | | | --- | --- | --- | --- | | Whether membership subscription paid for the month next to the preceding month. | Receipt No. for membership subscription mentioned in column Nos. (8) and (9). | The date of subscription | Remarks. | | (9) | (10) | (11) | (12) | | | General Secretary/Secretaryof the............Union. Form F (See Rule 19) ### 1. Name of the Representative Union. ### 2. The local area under the jurisdiction of the union. ### 3. The description of the undertaking. ### 4. The number of the members on the 1st day of the last calendar month for each undertaking. ### 5. The total number of members for the whole industry on the 1st day of the last calendar month. ### 6. Documents in support of the information given above are enclosed. General Secretary/Secretaryof the............Union. Form G (See Rule 20) Office of the Registrar of Unions Madhya Pradesh Industrial Relations Act, 1960 Form of the statements to be submitted to the Registrar of Unions, every month as required under Rule 20 of the Madhya Pradesh Industrial Relations Rules Monthly statement under Rule 19 of the Madhya Pradesh Industrial Relations Rules, 1960. Name of the undertaking............................... Name of the trade..................................... Local area Month Year................................. Actual number of employees employed on the first working day of this month as show below :- | | | | | --- | --- | --- | | Serial No. | Name of the occupation | First Shit | | Permanent | Substitute | Temporary | Others | Total | | (1) | (2) | (3) | (4) | (5) | (6) | (7) | | | | | | --- | | Second Shift | | Permanent | Substitute | Temporary | Others | Total | | (8) | (9) | (10) | (11) | (12) | | | | | | | --- | --- | | Third Shift | | | Permanent | Substitute | Temporary | Others | Total | Grand Total | Remarks | | (13) | (14) | (15) | (16) | (17) | (18) | (19) | | | By Registered Post. No Date............. Forwarded to the Registrar of Unions, Madhya Pradesh, Indore, on............... Signature of employer Form H (See Rule 26) Application for recognition of Association of Employers Name of Association..............................Address........................... Dated, the day of.. To The Registrar, Madhya Pradesh Industrial Relations Act. Dear Sir, I beg to inform you that at a meeting of the Managing Committee of this Association which was held at on the day of............it was decided that this Association should apply to the State Government for recognition as an association of employers for the....................... industry for the local area/areas of..........., for the purposes of the Madhya Pradesh Industrial Relations Act, 1960. ### 2. The Association has for one its objects the regulation of the conditions of employment in the industry conducted or carried on by its members. The names of the members in the industry in the local area/areas for which the application is made together with their addresses are given in the Annexure attached to this application. ### 3. In enclose a copy of the Constitution/Memorandum of the Association. Yours faithfully, Secretary Form I (See Rule 31) Notice of change to be given by an employer Name of employer...........................Address............................. Dated, the....................day of........... (The representative of employees) Dear Sir/Madam, In accordance with the provisions of sub-section ..................... of section..........of the Madhya Pradesh Industrial Relations Act, 1960, I/we beg to inform you that it is my/our intention to effect the change/changes specified in the annexure to this letter. Yours faithfully. Annexure-Statement of the case. Form J (See Rule 32) Notice of change to be given by employee to employer Name of the representative of employees........................................... Address........................................................................... Dated the................day of......................... To. (The name of the employer) Dear Sir/Sirs, In accordance with the provisions contained in sub-section (2) of Section 31 of the Madhya Pradesh Industrial Relations Act, 1960, I/we hereby beg to give you notice that I/we desire a change/changes specified in the Annexure were to this letter. Yours faithfully, Representative of employees Annexure-Statement of the case. Form K (See Rule 33) In The Labour Court At......... Application No......of........ | | | | --- | --- | | Name of the | Employerregistered UnionemployeeLabour Officer | Postal address................................... Applicant Versus | | | | --- | --- | | Name of the | Employerregistered UnionemployeeLabour Officer | Postal address.................................................................................................................................... Opponent In the Matter of................................................................................................................................................................... ............................................................................................................................................................................. The applicant respectfully submits :- (1) That (2) That (3) That The applicant, therefore, prays that the Court may be pleased to decide (1) That (2) That (3) That The applicant begs leave to amend or add to or make alterations in the application if any when necessary. Dated............ Signature or thumb-impression of applicant. The applicant does solemnly declare that what is stated above is true to the best of his knowledge, belief and information. This verification is signed at on............... Signature or thumb-impression of applicant. Form L [See sub-rule (1) of Rule 43] Report of Industrial Dispute Name of employer................................................................. Name of the representative of employees............................................ Address.............Dated the.......day of.............. To, The Conciliator for the local area for the industry concerned. The Chief Conciliator, Madhya Pradesh Industrial Relations Act, The Registrar, Madhya Pradesh Industrial Relations Act, Dear Sir, In continuation of the copy of the notice which I/we forwarded to you on the...........day of.............I/we beg to inform you that it has not been possible to reach an agreement with the representative of employers (the name of the employer concerned) and that I/we still desire that the change/changes proposed by that notice should be effected. ### 2. A full statement of the case is given in the Annexure. ### 3. The number of employees likely to be affected by the dispute is Yours faithfully. Representative of employees Here insert the position which the person who signs this letter holds with the employer or association of employers. Annexure-Full statement of the case. Form M (See Rule 44) Memorandum of Settlement (1) Representing Employers....................... (2) Representing Employers....................... Short recital of the case Terms of settlement Signature of the Conciliator Signature of the parties with date. Form N (See Rule 45) This is to certify that there exists a dispute between- ............................................................................................Party No. 1 And ............................................................................................Party No. 2 in respect of the following matter :- (1) (2) (3) (4) (5) and that the dispute was submitted to me in Conciliation, and I am satisfied that the same is not capable of being settled by conciliation. Conciliator Local area of. Form O (See Rule 47) In the Hon'ble Industrial/Labour Court, Madhya Pradesh At Indore In matter of Arbitration under Section 52. Name of the parties to the dispute- .........................Representative Union Party 1 ...............................................Party 2 Whereas Party No. 1 is the representative Union for the Industry for the local area and whereas an Industrial dispute of the nature stated below exists between party Nos. 1 and 2, and whereas the said dispute cannot be settled in conciliation and whereas the said dispute is desired by party No. 1 to be referred to the Arbitration of the Hon'ble Industrial/Labour Court under Section 52 of the Act, party No. 1 states as under. Nature of the dispute Terms of reference ............... (1) (2) (3) (4) It is, therefore, prayed that Hon'ble Court be pleased to give its award on the terms referred to above. The certificate of conciliation is enclosed. Secretary/Principal Officer of theUnion, Party No. 1 Copy to the Chief Conciliator. Copy to the Conciliator for the local area. Copy to the Registrar, Trade Unions at........................ [Form OO] [Inserted by Notification F. No. 4(E) 8-93-XVI-A, dated 14-10-1996.] [See sub-rule (1) of Rule 48-A] Application for the Execution of a Decree In the Court of...............the undesigned decree holder, heeby apply for execution of the deree herein below set forth :- | | | | | | | --- | --- | --- | --- | --- | | No. of proceedings | Name of party/Parties | Date of decree | Whether any appeal | Payment or adjustment made if any | | (1) | (2) | (3) | (4) | (5) | | | | | | | | | --- | --- | --- | --- | | Previous Application if any with date & result | Amount of costs if any awarded | Against whom to be executed | Mode in which the assistance the Court is required | | (6) | (7) | (8) | (9) | | | I pay that the total amount of..........(together within interest if any on principal sum up to date of payment) and the costs of taking out of this execution be realised by the attachment and sale of opposite party's immovable property specified at the foot of this and paid to me. I......declare that what is stated herein is true to the best of my knowledge and belief. Dated the........day of.......... ........................... Signatures of Decree holder] Form P (See Rule 53) Summons to Witness Before The Labour Court/Industrial Court/Or Board No...........of.............. In the matter of............. Summons Whereas the above matter will be taken up for hearing at on in......and whereas your presence is necessary; you are hereby summoned to appear in person before me at the aforesaid time and place and to give evidence, to answer all material questions and to produce all books, documents, etc. which may be in your possession or under your control and in any way relating to the matters in dispute, and to continue to remain present until you are discharged. Seal Presiding Officer of the Labour Court/Registrar, Industrial Court/Chairman,the Board of Arbitration. No.................... Office of the......... ..............day of. To Form Q [See sub-rule (1) of Rule 54] (Notice to file Written Statement in Application or Petition) Before the Labour Court/Industrial Court/Board Application/Petition No of 20.... Reference | | | | | --- | --- | --- | | (1) | A | Applicant(s) | | (2) | B | Petitioner(s) | | (3) | C | | | | | Address............................. | | | Versus | | (1) | X | | | (2) | Y | Opponent(s) | | (3) | Z | | | | | Address............................. | | | | In the matter of............... | Notice Whereas............above named has filed.......in this Court/Board copy whereof is enclosed therewith, Notice is hereby given to you that if you so desire, two copies of your written statement/statement of claim may be filed in this office on or before and that a copy thereof may be supplied to the abovementioned and to inform the undersigned that this has been done. ### 2. The time and place of hearing will be announced later today, dated...... Presiding Officer of the Labour Court/Registrar, Industrial Court/Chairman,the Board of Arbitration. Form R (See Rule 88) Notice of Termination of Agreement/Settlement/Award To Date........ Dear Sir/Sirs, I/We hereby give you notice that I/we propose to terminate the Agreement/Settlement/Award dated...............regarding.....on the expiry of two months from the date of the notice. Yours faithfully, Appendix (To Industrial Relations Rules) [See sub-rule (1) of Rule 86] Form I (Working Reduction and Addition of Department, Shifts and Workers) | | | | | --- | --- | --- | | 1. | Year and month | ........................ | | 2. | Name and Address of the Undertaking | ........................ | | Part I-Normal Working | | 1. | Names of departments | ........................ | | 2. | Number of Shifts- | | | | (a) | departments having only one | ........................ | | | (b) | departments having two | ........................ | | | (c) | departments having three | ........................ | | 3. | Starting times of shifts | ........................ | | 4. | Closing times of shifts | ........................ | | 5. | Rest interval in each shift | ........................ | | Part II-Actual Working | | 6. | Departments closed (give dates and reasons) | ........................ | | 7. | Departments re-opened or newly started (give dates and reasons) | ........................ | | 8. | Number of operatives affected by 6 above. | ........................ | | 9. | Number of operatives affected by 7 above | ........................ | | 10. | Shifts closed or partially closed (specify department, sections, dates and reasons) | ........................ | | 11. | Shifts re-opened or partially reopened, or newly started (specify departments, sections, dates and reasons). | ........................ | | 12. | Number of operatives affected by 10 above | ........................ | | 13. | Number of operatives affected 11 above | ........................ | | Part III | | 14. | Operatives permanently or semi-permanently reduced (specify departments sections, shifts and reasons) | ........................ | | 15. | Operatives permanently or semi-permanently added (specify departments, sections, shifts and reasons). | ........................ | ........................ (Signature) Date......... ........................ Designation Note.-For the purposes of this Form 'Operative" means an employee other than a clerk. Form II Stoppages Month..........Year. Name and Address of the Undertaking............................. | | | | | | --- | --- | --- | --- | | Department(s) affected | Dates (inclusive) | Number of working days in the period covered by column (3) read with column (2) | Remarks | | From | to | | (1) | (2) | (3) | (4) | (5) | | | | | | | --- | --- | | Number of operatives affected\* | Increased (+) decreased (-) in the number of operatives affected as shown in columns (6) and (7) date on which it occurred (according to shifts) | | Directly | Indirectly | Total | | | (5) | (6) | (7) | (8) | | | | | | | | --- | --- | --- | | Compensation paid | Number of operatives | Operatives laid off | | Number of operatives receiving | Amount | Reasons | | (10) | (11) | (12) | (13) | | | Date........ .................... (Signature) .................... (Designation) Note. - For the purpose of this Form operative means an employee other than a clerk. \*This information should relate to the first day of the stoppage. Give variation, if any, in the numbers recorded in columns (6) and (7) and specify the dates of these variations. Form III Attendance and absenteeism For the fortnight ending Saturday, the................. Name and Address of the Undertaking................... | | | | | | | --- | --- | --- | --- | --- | | Total number of operatives by departments and shifts | Total number of working days for the fortnight by departments and shifts | Total number of holidays during the fortnight (including Sundays) | Number of operatives on leave of any kind including leave granted respectively | Total number of leave days during the fortnight excluding Sundays and Holidays\* | | (1) | (2) | (3) | (4) | (5) | | | | --- | | Daily muster of Attendance and Absenteeism | | Date | Attendance | | Permanent operatives | Badlis given work | Badlis not given work | Temporary operatives | Probationers | Apprentices | | (6) | (7) | (8) | (9) | (10) | (11) | (12) | | | | --- | | Leave | | Permanent operatives | Badlis | Temporary operatives | Probationers | Apprentices | | (13) | (14) | (15) | (16) | (17) | | | | --- | | Absent | | Permanent operatives | Badlis operatives | Temporary | Probationers | Apprentices | | (18) | (19) | (20) | (21) | (22) | | | Date........ .................... (Signature) .................... (Designation) Note. (1). - In column (5) enter the total number of days for which each operative was on leave during the fortnight. Note. (2) . - For the purpose of this Form 'Operative' means an employees other than a clerk. Form IV Employment Name and address of the Undertaking........................... | | | | | | --- | --- | --- | --- | | Year and month | Total number of operatives on the muster roll | Total number of operatives required to run the undertaking at full capacity | Total number of operatives at the beginning of the month (1st day) according to shifts | | (1) | (2) | (3) | (4) | | | | | 1st 2nd 3rd | | | | | | | | | --- | --- | --- | --- | | Total number of operatives discontinued | Number of operatives recruited | Number of operatives reinstated | Total number of at the end of the month (last day) according to shifts | | (5) | (6) | (7) | (8) | | | | | 1st 2nd 3rd | | | Date........ .................... (Signature) .................... (Designation) Note 1.-For the purpose of this Form, 'operative' means an employee other than a clerk. Note 2.-Here enter the number of operatives required for optimum production irrespective of availability of Material, Trade reasons and other circumstances that the undertaking is capable of. Form V Wages Month.........Year........ Name and Address of the Undertaking........... | | | | --- | --- | | Total number of operatives on muster roll | Details and Dates of Wages Payments | | Date of pay days | Number of employees who actually received wages | Total wage paid in | | Cash | Otherwise than in cash (grain, cloth, accommodation etc.) state kind & value | | (1) | (2) | (3) | (5) | (4) | | | | | | --- | --- | --- | | Wages due but not paid or not claimed | Total wage Bill for the month (total of columns (4) , (5), (6) and (7) | Remarks | | Cash | Otherwise than in cash | | (7) | (8) | (9) | (10) | | | Date........ .................... (Signature) .................... (Designation) Note.-In columns (5) and (7) if accurate figures are not available, enter approximate ones. Method of calculation adopted should be indicated in column (9) . Form VI Welfare Month Year................. Name and Address of the Undertaking...................... I. Medical attention- (a) Average daily attendance at dispensary (b) Medical Officer- (i) Full time (ii) Part time (iii) Total number of hours during the month put in by the Medical Officer at dispensary. (c) Whether fees charged; if so mention rates and total amount collected during the month. (d) Details of any industrial health enquiries conducted by the Medical Officer. (These may be given on a separate sheet attached to this Form) II. Safety measurers Introduced\* Discontinued\* Give details III. Amenities- Working order Actual use ### 1. (a) Drinking water taps (b) Washing water taps (c) Dining sheds (d) Rest sheds (e) Latrine seats (i) for male (ii) for female (f) Urinals- (i) for male (ii) for female ### 2. Aggregate daily attendance at creche Staff attending to your creche- (i) (ii) (iii) (iv) (v) 3. Aggregate daily attendance at you school (if any):- Total teaching staff........................ ### 4. Library, (if any)- (i) Total number of books (ii) Number of books borrowed during the month (iii) Number of periodicals available- (a) Dailies (b) Weeklies (c) Monthlies ### 5. Other amenities (Give details) Date........ .................... (Signature) .................... (Designation) Form VII Canteens Year................ TABLE | | | | --- | --- | | Name and address of the Undertaking | ............................ | | 1. | Total floor area | ............................ | | 2. | Kitchen area | ............................ | | 3. | Total seating capacity | ............................ | | 4. | Number of chairs | ............................ | | 5. | Number of benches | ............................ | | 6. | Average number of persons using the canteen each month | ............................ | | 7. | List of eatables and drinks normally supplied (mention amount charged for each)- | ............................ | | (a) | ... .............................................................................................. | | | (b) | .. ............................................................................................... | | | (c) | . ................................................................................................ | | | (d) | ................................................ ................................................. | | | (e) | ................................................ ................................................. | | | (f) | .................................................. ................................................ | | | (g) | ................................................ ................................................. | | | (h) | ................................................ ................................................. | | | (i) | .................................................................................................. | | | 8. | Do you supply regular means? If so, indicate the dishes below- | | | (a) | ................................................................................................ | | | (b) | ................................................................................................ | | | (c) | ................................................ ................................................ | | | (d) | ................................................ ................................................ | | | (e) | ................................................ ................................................ | | | 9. | Cost of a regular meal | ............................ | | 10. | Number of meals that be supplies by your canteen per hour | | Date........ .................... (Signature) .................... (Designation) Form VIII Premises Name and Address of the Undertaking......................... Quarter ending Year................. I. Total are covered by your industrial premises. II. Total are occupied by factory structures. III. Total area not built upon. IV. Total area occupied by- (a) Dispensary (b) Canteen (c) Wash-places (d) Toilet facilities \*(e) Library and Reading Room \*(f) School (g) Creche (h) Any other amenities (specify) V. Housing, (provided by employer/s)- (a) Number of chawls and distance from factory. (b) Whether electricity provided : if so, what extra rent or charge, if any, is levied- (i) per one-room tenement (ii) per two-room tenement (c) Sanitary arrangements : type of latrines provided (d) Total area of all accommodation \*(e) Number of two-room tenements and area thereof. \*(f) Number of one-room tenement and area thereof. (g) Rent per month (i) per single room (ii) per two-room (h) Total number of persons occupying two-room tenements. (i) Total number of persons occupying one room tenements. (j) Number of outsiders other than your own workers residing in your chawls. (k) Number of- | | | | | | --- | --- | --- | --- | | Latrines | Urinals | Water taps | Washing places | per floor. (i) Single-room tenements (ii) Two-room tenements Date........ .................... (Signature) .................... (Designation) Form IX Rationalisation, Usages Rules Name and Address of the Undertaking Quarter ending....................Year. During the quarter under reference :- | | | | | --- | --- | --- | | (1) | Have you introduced any rationalisation or efficiency methods in the undertaking ? If so, give details. | ...................... | | (2) | Have any customary concessions or privileges been withdrawn or any changes in usages been introduced in the undertaking ? If so, give details. | ...................... | | (3) | Have any new rules of discipline been introduced or any alteration in existing rules made, if so, give details. | ...................... | Date........ .................... (Signature) .................... (Designation) Form X Machinery Year............ Name and Address of the Undertaking. | | | | | | | --- | --- | --- | --- | --- | | Departments | Type \*of machine (Give full details) | Number | Year of manufacture | Remarks | | 1 | 2 | 3 | 4 | 5 | | | Date........ .................... (Signature) .................... (Designation) Form XI Machinery Production Year....... Name and Address of Undertaking................................ I | | | | | | | --- | --- | --- | --- | --- | | Department | Number of Machines | Number of Machines not working | Reasons for remaining idle | Remarks | | 1 | 2 | 3 | 4 | 5 | | | II If any changes has occurred during the year in any of the items specified in Form XI, give full details of each such change. III State the strength of the special cleaning staff, if any, employed to clean your machines, and give grief details of their duties. IV How many looms per weaver ? How many sides per sider ? (Signature) ..................... Date............ (Designation) Form XII Production, Transaction and Dealings (for Textile Industry only) Name and Address of the Undertaking.................... A.-State (1) Number of counts spun during the month............. (2) Varieties of counts spun during the month, in form below :- | | | | | | --- | --- | --- | --- | | Varieties of counts spun | Production (Quantity) | Cost of production up to spindle point | Cost of mixing per Ib. up to spindle point | | 1 | 2 | 3 | 4 | | | (a) Warp (b) Weft B.-State- (a) Total poundage of yarn sold in the open market for- (i) Gray......................................................... (ii) Bleached.................................................... (iii) Dyed....................................................... (b) Total poundage consumed in the Weaving Department.................Cost per lb. of dyed and bleached yarn in the each count produced. C.-State the varieties of cloth produced, the total poundage of each varieties and the cost of production per Ib in the form shown below :- | | | | | --- | --- | --- | | Varieties of cloth | Amount of production in lbs. | Cost of production per lb. up to baling | | 1 | 2 | 3 | | | D.-Have you a system of selling your production through guaranteed brokers for (a) yarn, and (b) cloth ? If so please give their names and addresses. E.-(i) What is your system in making purchases of- (a) Machinery.......................................................... (b) Cotton............................................................. (c) Stores ............................................................ (ii) Is there any commission or rebate received against any of these purchases ? If so, please state the amount received during the month and the manner in which it is credited. F.-State- (a) Total waste produced from Blow room to spinning..................... (b) Total waste produced from winding to weaving........................ (c) Total fents and rags produced in weaving, dyeing and finishing...... (d) Total weight of all varieties of waste produced.......... G.-Particulars of Managing Agency terms.............. H.-Details and percentages of overhead charges which are not included in the cost of production. ...................... (Signature) ...................... Date........................ (Designation) Form XIII Production, transactions and dealings (For the Industries) Name and Address of the Undertaking............ A. Give information in the following proforma- | | | | | | --- | --- | --- | --- | | Serial No. | Varieties of articles produced including bye products, if any | Quantity of the product during the month | Cost of production | | 1 | 2 | 3 | 4 | | | B. Have you a system of selling your production through guaranted brokers ? If so, please give their names and addresses............... C. (i) What is your system in making purchases of- (a) Machinery.............................................................. (b) Raw material........................................................... (c) Other material for stores............................................................... (ii) Is there any commission or rebate received against any of these purchases ? If so, please state the amounts received during the month and the manner in which it is credited. D. Particulars of Managing Agency terms.................... E. Details and percentages of overhead charges which are not included in the cost of production. ...................... (Signature) ...................... Date........................ (Designation) Form XIV Page No......... List of \*Permanent/Badli/Temporary Operatives employed in the............... ...........Mill in the month of......20. Occupation........... | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | | Serial No. | Name of worker | Age | Sub-occupation | Ticket No. | Shift in | Remarks (Not to be filled by Mills) | Muster Register No. (Not to be filled by Mill) | | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | | | \*Separate statement should be submitted for each category of workers. Form XV List of \*Permanent/Badli/Temporary Operatives in respect of change in the rolls that have been effected. Undertaking................................ Name................................................................ Address.............................................................. Details regarding changes for the Week/Fortnight/Month ending the...20. | | | | | | | --- | --- | --- | --- | --- | | Page No. | Serial No. | Name of employee and Local Address | Occupation and\* Sub-occupation | Ticket No. | | 1 | 2 | 3 | 4 | 5 | | | | | | | | --- | --- | --- | --- | --- | | Shift No. in month of | Nature of change | 'Date of change | Service certificates issued or not | Remarks | | 6 | 7 | 8 | 9 | 10 | | | \*Separate statement should be submitted for each category of workers. Occupation should be shown in symbols. Use following symbols :- Discharged : 1. Dismissed : D. Left of his own accord : L. Retrenched : R. Sent away : S. Died : Died. Form XVI Anticipated closure | | | | | --- | --- | --- | | (1) | Name and address of the undertaking. | .......................... | | (2) | Number of shifts for which each department is being worked at present together with the number of employees. | .......................... | | (3) | Stock of coal (in tons and Cwts)- | .......................... | | | (i) | held on the date of report | .......................... | | | (ii) | average monthly consumption | .......................... | | (4) | Supply of electric power (state briefly whether the supply is adequate for running the usual number of shifts). | .......................... | | (5) | Supply position of raw material (if there is storage of any raw material, it should be specified clearly stating reasons for the short and the quantity required immediately to maintain continuous production). | .......................... | | (6) | Stock of cotton in bales of 400Ibs- | .......................... | | | (i) | held on the date of report | .......................... | | | (ii) | average monthly consumption | .......................... | | (7) | Brief review of labour situation | .......................... | | (8) | Stock of cloth in packed bales converted into full bales,- | .......................... | | (i) | Held on the date of report.- | | | | (a) | Sold, but not delivered | .......................... | | | (b) | Not sold | .......................... | | | (c) | Total (a) Plus (b) | .......................... | | | (ii) | Average monthly production in the last six months (in bales). | .......................... | | (9) | Stock of surplus yarn available for distribution held in full bales.- | .......................... | | (i) | Held on the date of report- | .......................... | | | (a) | Sold, but not delivered | .......................... | | | (b) | Not sold | .......................... | | | (c) | Total (a) Plus (b) | .......................... | | | (ii) | Average monthly production in the last six months (in bales). | .......................... | | (10) | Nature of total or partial closure contemplated. | .......................... | | (11) | Date of the anticipated closure. | .......................... | | (12) | Precise reasons for the anticipated closure. | .......................... | | (13) | Extent to which working of the undertaking will be affected by the anticipated closure :- | .......................... | | | (a) (i) Total number of spindles | .......................... | | | | (ii) Number of spindles likely to remain idle. | .......................... | | | (b) (i) Total number of looms | .......................... | | | | (ii) Number of looms likely to remain idle. | .......................... | | | (c) Any other machinery or department likely to remain idle. | .......................... | | (14) | Number of employees affected. | .......................... | | (15) | Number of hours or day for which (a) , (b) and (c) of item 14 are expected to remain idle. | .......................... | | (16) | Number of working hours per day or number of working days for which the different terms of employees are expected to remain idle (state the number of employees in each case). | .......................... | .......................... (Signature) Date............... .......................... (Designation)