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65b97c4fab84c7eca86e9312 | acts |
State of Punjab - Act
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The Punjab Local Authorities (Census Expenses Contribution) Act, 1950
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PUNJAB
India
The Punjab Local Authorities (Census Expenses Contribution) Act, 1950
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Act 19 of 1950
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* Published on 31 October 1950
* Commenced on 31 October 1950
The Punjab Local Authorities (Census Expenses Contribution) Act, 1950
Punjab Act
No. 19 of 1950
Statement of Object and Reasons. - The principle of co-operation between the Centre and the Provinces has been at the root of the Indian census. Census Acts till 1941 contained a section specifically empowering Provincial Governments to charge the whole or any part of the expenses incurred for anything done in accordance with these Acts and the rules thereunder to any local authority constituted for and on behalf of the area within which expenses were incurred. It was held, however, in 1940 that technically this section was ultra vires of the Central Government. The principle which is as old as census itself continued to be applied though some Provincial Governments passed ad hoc Acts to provide formal cover.
Published vide Punjab Government Gazette Extraordianry dated 8-3-1977.
2. The Government of India have since passed the Census Act, 1948, which provides for continuing as distinct from episodic legal cover, and have suggested for the consideration of State Governments the provisions of corresponding legal backing within each State for the purpose of levying census duties and contributions upon all local bodies.
The object of the Punjab Local Authorities (Census Expenses Contribution) Bill, 1950, is to provide such legal backing.
Published vide Punjab Government Gazette Extraordinary, 1950 Part V.
Received the assent of His Excellency the Governor on the 31st October, 1950, and was first published in the Punjab Government Gazette (Extraordinary) , dated the 1st November, 1950.
An Act to provide for contribution by Local Authorities of portion of the expenses to be incurred in connection with the taking of census and for certain other purposes.
It is hereby enacted as follows :-
### 1. Short title, extent and commencement.
(1) This Act may be called the Punjab Local Authorities (Census Expenses Contribution) Act, 1950;
(2) It extends to the whole of Punjab but nothing herein contained shall affect the powers of the Cantonment Authorities with respect to the application of cantonment funds and property.
(3) It shall come into force on such date as the State Government may, by notification, appoint in this behalf.
### 2. Interpretation.
- In this Act, unless there is anything repugnant in the subject or context, -
(a) "Census" means a census taken in accordance with the provisions of the Census Act, 1948;
(b) "prescribed" means prescribed by rules made under this Act.
### 3. Power to direct census expenses to be charged to the funds of the local authority.
- Notwithstanding anything contained in any enactment in regard to the funds of any local authority, the State Government may direct that such portion of any expenses, as may be prescribed; incurred for anything done in accordance with the Census Act, 1948 (XXXVII of 1948), or the rules made thereunder, may be charged to the funds of any local authority constituted for and on behalf of the area within which such expenses were incurred.
### 4. Power to enforce orders.
- If the State Government on receiving a report from the District Magistrate or the Superintendent of Census Operations is satisfied that a local authority has made default in performing any duty imposed on it by or under this Act or the Census Act, 1948 (XXXVII of 1948), or has failed to make payment of expenses or costs as required by or under section 3 of this Act or section 16 of the Census Act, 1948 (XXXVII of 1948), the State Government may make such orders and take such steps as it may consider expedient for securing the performance of such duties or the payment of such expenses or costs, as the case may be.
### 5. Power to make rules.
(1) The State Government may make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :
(a) the portion of the expenses incurred in connection with taking of census which may be charged under this Act to the funds of any local authority;
(b) the manner in which sums charged under this Act shall be computed and paid;
(c) the manner in which and the extent to which any duty connected with census may be performed by a local authority.
|
65b9c5cfab84c7eca86e9ee6 | acts |
State of Madhya Pradesh - Act
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The M.P. Ancient Monuments and Archaeological Sites and Remains Act, 1964
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MADHYA PRADESH
India
The M.P. Ancient Monuments and Archaeological Sites and Remains Act, 1964
===========================================================================
Act 12 of 1964
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* Published on 16 April 1964
* Commenced on 16 April 1964
The M.P. Ancient Monuments and Archaeological Sites and Remains Act, 1964
(No. 12 of 1964)
Received the assent of the President on the 16th April, 1964; assent first published in the Madhya Pradesh Gazette (Extraordinary) on the 11th May, 1964. For statement of Objects and Reasons See- Bill No. 13 of 1962 published in Madhya Pradesh Gazette, Extraordinary dated 18th June, 1962 Pages 853-67.
An Act to provide for the preservation of certain ancient and historical monuments and archaeological sites and remains and for the regulation of excavation of archaeological sites in Madhya Pradesh and matters ancillary thereto.
Be it enacted by the Madhya Pradesh Legislature in the Fifteenth Year of the Republic of India, as follows :-
Preliminary
### 1. Short title, extent, commencement and application.
(1) This Act may be called The Madhya Pradesh Ancient Monuments and Archaeological Sites and Remains Act, 1964.
(2) It extends to the whole of Madhya Pradesh.
(3) It shall [come into force on such date]
[Come into force on 1st january, 1970, vide Notification No. 4420-710-XX-7-69, dated 24-12-69, published in M.P. Rajpatra, Extraordinary, date 28-12-69. p. 3025.]
as the State Government may by notification, appoint.
(4) Nothing in this Act shall apply to protected areas and protected monuments as defined in clauses (i) and (j), respectively of Section 2 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (No. 24 of 1958)
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) [ "Ancient monument" means any building structure, erection monolith or monument or any mound or Cumulus or any tomb or place of interment or any cave or any sculpture or inscription on an immovable object which is of historical archaeological or artistic interest and which has been in existence for not less than hundred years, and includes,
[Clauses (a) and (b) Substituted by M.P. Act No. 29 of 1970.]
(i) the remains of such monument,
(ii) the site of such monument,
(iii) such portion of land adjoining the site of such monument as may be required for fencing or covering in or otherwise preserving the monument, and
(iv) the means of access to, and convenient inspection of, such monument.
(b) "antiquity" includes
(i) any coin, sculpture, manuscript, epigraph, or other work of art or craftsmanship;
(ii) any article, object or thing detached from a building or cave;
(iii) any article, object or thing illustrative of science, art, crafts, literature, religion, customs morals or politics in bygone ages; '
(iv) any article, object or thing of historical interest; and
(v) any article, object or thing which in the opinion of the State Government because of its historical or archaeological importance is an article, object or thing which it is desirable to preserve declared by the State Government, by notification, to be an antiquity for the purposes of this Act, which has been in existence for not less than hundred years;]
(c) [ "Archaeological site and remains" means any area which contains or is reasonably believed to contain ruins or relics of historical or archaeological importance which have been in existence for not less than hundred years, and includes-
[Substituted by M.P. Act No. 29 of 1970.]
(i) such portion of land adjoining the area as may be required for fencing or covering in or otherwise preserving it; and
(ii) the means of access to, and convenient inspection of, the area].
(d) "Director" means the Director of Archaeology, Madhya Pradesh, and includes any officer authorised by the State Government to perform the duties of the Director of Archaeology under this Act;
(e) "maintain" with its grammatical variations and cognate expressions includes the fencing, covering in, repairing, restoring and cleaning of a State protected monument and the doing of any act which may be necessary for the purpose of maintaining a State protected monument or of securing convenient access thereto;
(f) "owner" includes-
(i) a joint owner invested with powers of management on behalf of himself and other joint owners and the successors-in-title of any such owner; and
(ii) any manager or trustee exercising powers of management and the successor in office of any such managers or trustees;
(g) "State-protected area" means any archaeological site and remains which is declared to be a State-protected area under this Act;
(h) "State-protected monument" means and ancient monument which is declared to be a State-Protected monument under this Act.
### 3. Power of State Government to declare ancient monuments to be State-protected monuments or archaeological sites and remains to be State-protected area.
(1) Where the State Government is of the opinion that it is necessary to protect against destruction, injury, alteration, mutilation, defacement, removal, dispersion or falling into decay any-
(a) ancient monument,
(b) archaeological site and remains, it may, by notification in the Official Gazette give two month's notice of its intention to declare such ancient monument to be a State-protected monument or such archaeological site and remains to be a State-protected area, as the case may be, and a copy of every such notification shall be affixed in a conspicuous place on or near the monument or site and remains, as the case may be.
(2) Any person interested in any such ancient monument or archaeological site and remains may, within one month after the issue of notification, object to the declaration of the monument to be a State-protected monument or of the archaeological site and remains to be a State-protected area, as the case may be.
(3) On the expiry of the said period of two months the State Government may, after considering the objections, if any, received by it, declare by notification in the Gazette, the ancient monument to be a State-protected monument or the archaeological site and remains to be a State-protected area, as the case may be.
(4) A notification published under this section shall, unless and until withdrawn, be conclusive evidence of the fact that the monument or the archaeological site and remains to which it relates, is a State-protected monument or State-protected area, as the case may be.
### 4. Acquisition of rights in or guardianship of State-protected monument.
(1) The State Government may purchase or take a lease of or accept a gift or bequest of any State-protected monument.
(2) Where State-protected monument is without an owner, the Director may, by notification, assume the guardianship of the monument.
(3) The owner of any State-protected monument may, by written instrument, constitute the Director, the guardian of the monument, and the Director may, with the sanction of the State Government, accept such guardianship.
(4) When the Director has accepted the guardianship of a State-protected monument under sub-section (3), the owner shall, except as expressly provided in this Act, have the same estate, right, title and interest in and to the monument as if the Director had not been constituted a guardian thereof.
(5) When the Director has accepted the guardianship of a State-protected monument under sub-section (3) the provisions of this Act relating to agreements entered into under Section 5 shall apply to the written agreement referred to in the said sub-section.
(6) Nothing in this section shall affect the use of any State-protected monument for customary religious observances.
### 5. Maintenance of protected monument by agreement.
(1) The Director may, with the previous sanction of the State Government, propose to the owner of a State-protected monument to enter into an agreement with the State Government within a specified period for the maintenance of the monument.
(2) An agreement under this section may provide for all or any of the following matters, namely :
(a) the maintenance of the monument;
(b) the custody of the monument, and the duties of any person who may be employed to watch it;
(c) the restriction of the owner's right-
(i) to use the monument for any purpose,
(ii) to charge any fee for entry into, or inspection of the monument,
(iii) to destroy, remove, alter or deface the monument, or
(iv) to build on or near the site of the monument;
(d) the facilities of access to be permitted to the public or any section thereof and to the Director and to the person deputed by the owner or the Director to inspect or maintain the monument;
(e) the notice to be given to the State Government in case the land on which the monument is situated or any adjoining lands is offered for sale by the owner, and the right to be reserved to the State Government to purchase such land, or any specified portion of such land, as its market value;
(f) the payment of any expenses incurred by the owner or by the State Government in connection with the maintenance of the monument;
(g) the proprietary or other rights which are to vest in the State Government in respect of the monument when any expenses are incurred by the State Government in connection with the maintenance of the monument;
(h) the appointment of an authority to decide any dispute arising out of the agreement; and
(i) any matter connected with the maintenance of the monument which is a proper subject of agreement between the owner and the State Government.
(3) The terms of an agreement under this section may be altered from time to time with the sanction of the State Government and with the consent, in writing, of the owner.
(4) The State Government or the owner may, at any time after the expiration of three years from the date of execution of an agreement under this section, terminate it on giving six months' notice, in writing, to the other party :
Provided that where the agreement is terminated by the owner, he shall pay to the State Government the expenses, if any, incurred by it on the maintenance of the monument during the five years immediately preceding the termination of the agreement or, if the agreement has been in force for a shorter period during the period the agreement was in force.
(5) An agreement under this section shall be binding on any person claiming to be the owner of the monument to which it relates, from, through or under a party by whom or on whose behalf the agreement was executed.
### 6. Owners under disability or not in possession.
(1) If the owner of a State-protected monument is unable, by reason of infancy or other disability to act for himself, the person legally competent to act on his behalf may exercise the powers conferred upon an owner by Section 5.
(2) Nothing in this section shall be deemed to empower any person not being of the same religion the person on whose behalf he is acting to make or executed an agreement relating to a State-protected monument which or any part of which is periodically used for the religious worship or observances of that religion.
### 7. Application of endowment to repair protected monument.
(1) If any owner or other person, competent to enter into an agreement under Section 5 of the maintenance of a State-protected monument, refuses or fails to enter into such an agreement when proposed to him by the Director and in any endowment has been created for that purpose among others, the State Government may institute a suit in the Court of the District Judge, or if the estimated cost of repairing the monument does not exceed one thousand rupees, may make an application to the District Judge for the proper application of such endowment or part thereof.
(2) On the hearing for an application under sub-section (1), the District Judge may summon and examine the owner and any person whose evidence appears to him necessary, and may pass an order for the proper application of the endowment or of any part thereof, and any such order may be executed as if it were a decree of a civil Court.
### 8. Failure or refusal to enter into agreement.
(1) If any owner or other person competent to enter into an agreement under Section 5 for the maintenance of a State-protected monument refuses or fails to enter into such an agreement, the State Government may make on order providing for all or any of the matters specified in sub-section (2) of Section 5 and such order shall be binding on the owner or such other person and on every person claiming title to the monument from, through or under, the owner or such other person.
(2) Where an order made under sub-section (1) provides that the monument shall be maintained by the owner or other person competent to enter into an agreement, all reasonable expenses for the maintenance of the monument shall be payable by the State Government.
(3) No order under sub-section (1) shall be made unless the owner or other person has been given an opportunity of making a representation, in writing, against the proposed order.
### 9. Power to make order prohibiting contravention of agreement.
(1) If the Director apprehends that the owner or occupier of a State-protected monument intends to destroy, remove, alter, mutilate, deface, imperil or misuse the monument or to build on or near the site thereof in contravention of the terms of an agreement under Section 5, the Director may, after giving the owner or occupier an opportunity of making a representation in writing, make an order prohibiting any such contravention of the agreement:
Provided that no such opportunity may be given in any case where the Director, for reasons to be recorded, is satisfied that it is not expedient or practicable to do so.
(2) Any person aggrieved by an order under this section may appeal to the State Government within such time and in such manner as may be prescribed in this behalf and the decision of the State Government shall be final.
### 10. Enforcement of agreement.
(1) If an owner or other person who is bound by an agreement for the maintenance of a monument under Section 5 refuses or fails, within such reasonable time as the Director may fix, to do any act which in the opinion of the Director is necessary for the maintenance of the monument, the Director may authorise any person to do any such act, and the owner or other person shall be liable to pay the expenses of doing my such act or such portion of the expenses as the owner may be liable to pay under the agreement.
(2) If any dispute arises regarding the amount of expenses payable by the owner or other person under sub-section (1), it shall be referred to the State Government whose decision shall be final
### 11. Purchasers at certain sales and persons claiming through owner bound by instrument executed by owner.
- Every person who purchases at a sale for arrears of land revenue or any other public demand any land on which is situated a monument in respect of which any instrument has been executed by the owner for the time being, under Section 4 or Section 5 and every person claiming any right, title or interest to or in a monument from, through or under an owner who executed any such instrument, shall be bound by such instrument.
### 12. Compulsory acquisition of protected monuments.
- If the State Government apprehends that a State-protected monument is in danger of being destroyed, injured, misused or allowed to fall into decay, it may acquire the State-protected monument under the provisions of the Land Acquisition Act, 1894 (1 of 1894), as if the maintenance of the State-protected monument were a public purpose within the meaning of this Act.
### 13. Maintenance of certain protected monuments.
(1) The State Government shall maintain every monument which has been acquired under Section 12 or in respect of which any of the rights mentioned in Section 4 have been acquired.
(2) When the Director has accepted the guardianship of a State-protected monument under Section 4, he shall, for the purpose of maintaining such monument, have access to the monument at all reasonable time, by himself and by his agents, subordinates and workmen, for the purpose of inspecting the monument, and for the purpose of bringing such materials and doing such acts as he may consider necessary or desirable for the maintenance thereof.
### 14. Voluntary contributions.
- The Director may receive voluntary contributions towards the cost of maintaining a State-protected monument and may give orders as to the management and application of any funds so received by him :
Provided that no contribution received under this section or any part thereof shall be applied to any purpose other than the purpose for which it was contributed without the consent, in writing, of the donor.
### 15. Protection of place of worship from misuse, pollution or desecration.
(1) A State-protected monument maintained by the State Government under this Act which is a place of worship or shrine shall not be used for any purpose inconsistent with its character.
(2) Where the State Government has acquired a monument under Section 12, or has purchased, or taken a lease or accepted a gift or bequest or assumed guardianship of a State-protected monument under Section 4, and such monument or any part thereof is used for religious worship or observances by any community, the Director shall make due provision for the protection of such monument or part thereof, from pollution or desecration by taking such action as he may think necessary in this behalf.
### 16. Preservation of amenities of protected monuments.
(1) If the State Government is of opinion that for the purpose of preserving the reasonable amenities of any protected monument, it is necessary so to do, the State Government may, subject to the provisions of this section, by notification in respect of any area compressing or adjacent to the site of such monument specified in such notification (hereinafter referred to as "the controlled area")-
(a) prohibit or restrict the construction, erection or execution of building, structures and other works within the controlled area, or the alteration or extension of any such buildings, structures, or works in such manner as materially to affect their external appearance;
(b) prescribe the position, height, site, materials, colour and screening and otherwise regulate the external appearance of buildings, structures and other works within the controlled area;
(c) require any local authority-
(i) to construct any approach road to any protected monument, or
(ii) to demolish any public convenience vesting in it, that is to say, a latrine, urinal, dustbin, rubbishdump and the like, located close to or in the vicinity of any protected monument;
(d) prohibit or restrict the felling of trees within the controlled area;
(e) otherwise restrict the user of land within the controlled area to such extent as is necessary for the purpose of preserving the reasonable amenities of the protected monument;
(f) provide for such matters as appear to the State Government to be incidental to or consequential on the foregoing provisions of this section or to be necessary for giving effect to those provisions.
(2) Not less than forty-five days before issuing a notification under sub-section (1), State Government shall cause to be published in the Gazette, in the controlled area, and in the village and at the headquarters of the tahsil in which the controlled area is situated, a notification stating that it proposes to issue a notification in terms of sub-section (1), together with a notice requiring all persons affected by such a notification, who wish to make any objection to the issuing of such notification, to submit their objections in writing to the State Government or appear before any officer duly authorised in that behalf to hear objections on behalf of the State Government, within one month of the publication of the notification in the Gazette, or within fifteen days from the date of the publication of the notification in the controlled area, whichever period expires later.
(3) If on the expiration of the time allowed by sub-section (2) for the filing of objections no objection has been made, the State Government shall proceed at once to issue the notification under sub-section (1). If any objection has been made, the State Government may, after such objection has been considered or heard, as the case may be, either-
(a) abandon the proposals to issue the notification under sub-section (1); or
(b) issue the notification under sub-section (1), with such modification, if any, as it thinks fit.
(4) In considering the objections, the decision of the State Government on the question of issuing the notification under sub-section (1) shall be final and conclusive.
(5) Nothing contained in any notification under sub-section (1) shall affect any building, structure or other work or any alteration or extension thereof, if it was constructed, erected, or executed before the date when notice of intention to issue such a notification was given under sub-section (2), and for the purpose of this provision a building, structure, or other work and any alteration or extension thereof shall be deemed to have been constructed, erected or executed before that date :
(a) if its construction, erection or execution was begun before that date; or
(b) if, and so far as, its construction, erection or execution was necessary for the purpose of performing a contract made before that date.
(6) Any person whose property is injuriously affected by the coming into force of a notification under sub-section (1) shall, subject to the provisions of Section 27, be entitled to obtain compensation in respect thereof from the State Government.
### 17. Relinquishment of Government right in monument.
(1) Where rights have been acquired by the State Government in respect of any monument under this Act by virtue of any sale, lease, gift or will, the State Government may, by notification, relinquish rights so acquired to the person who would for the time being, be the owner of the monument if such rights had not been acquired.
(2) The Director may with the sanction of the State Government relinquish the guardianship of a monument which he has assumed under this Act.
### 18. Right of access to certain State-protected monuments.
- Subject to any rules made under this Act, the public shall have a right of access to any State-protected monument.
Protected Areas
### 19. Restrictions on enjoyment of proprietary rights in State-protected areas.
(1) No person, including the owner or occupier of a State-protected area shall construct any building within the State-protected area or carry on any mining, quarrying, excavating, blasting or any operation of a like nature in such area, or utilize such area or any part thereof in any other manner without the permission of the State Government:
Provided that nothing in this sub-section shall be deemed to prohibit the use of any such area or part thereof for purposes of cultivation if such cultivation does not involve the digging of not more than one foot of soil from the surface.
(2) The State Government may, by order, direct that any building constructed by any person within a State-protected monument in contravention of the provisions of sub-section (1) shall be removed within a specified period, and, if the person refuses or fails to comply with the order, the Collector may cause the building to be removed and the person shall be liable to pay the cost of such removal.
### 20. Power to acquire protected area.
- If the State Government is of opinion that any State-protected area contains an ancient monument or antiquities of historical interest and value, it may acquire such area under the provisions of the Land Acquisition Act, 1894 (I of 1894), as if the acquisition were for a public purpose within the meaning of that Act.
Archaeological Excavations
### 21. Excavations in State-protected areas.
- Subject to the provisions of Section 24 of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 (No. 24 of 1958) the Director or an officer authorised by him in this behalf under this Act (hereinafter referred to as the licensee) may, after giving notice, in writing, to the Collector and the owner, after giving notice, in writing, to the Collector and the owner, enter upon and make excavations in any State-protected area.
### 22. Compulsory purchase of antiquities, etc., discovered during excavation operations.
(1) Where, as a result of any excavations made in any area under Section 21 any antiquities are discovered, the Director or the licensee, as the case may be shall-
(a) as soon as practicable, examine such antiquities and submit a report to the State Government in such manner and containing such particulars as may be prescribed;
(b) at the conclusion of the excavation operations, give notice, in writing, to the owner of the land from which such antiquities have been discovered of the nature of such antiquities.
(2) Until an order for the compulsory purchase of any such antiquities is made under sub-section (3), the Director or the licensee, as the case may be, shall keep them in such safe custody as he may deem fit.
(3) On receipt of a report under sub-section (1), the State Government may make an order for the compulsory purchase of any antiquities at their market value.
(4) When an order for the compulsory purchase of any antiquities is made under sub-section (3), such antiquities shall vest in the State Government with effect from the date of the order.
Protection of Antiquities
### 23. Power of State Government to control moving of antiquities.
(1) If the State Government considers it necessary in the public interest that any antiquity or class of antiquities should not be moved from the place where it is without the sanction of the State Government the State Government may, by notification, direct that any antiquity or class of antiquities shall not be moved except with the written permission of the Director.
(2) Every application for permission under sub-section (1), shall be in such form and contain such particulars as may be prescribed.
(3) Any person aggrieved by an order refusing permission may appeal to the State Government, whose decision shall be final.
(4) If the Owner of any property proves to the satisfaction of the State Government that he has suffered any loss or, damage by reason of the inclusion of such property in the notification published under sub-section (1), the State Government shall either-
(a) exempt such property from the said notification; or
(b) acquire such property, if it be movable, at its market value; or
(c) pay compensation for any loss or damage sustained by the owner of such property, if it be immovable.
### 23A. [ Declaration as to any antiquity and intimation regarding transfer or acquisition. - (1) Every person who owns or is in possession, custody or control of any antiquity prior to the 6th day of June, 1970 shall, within a period of six months thereof, make a declaration to that effect to such authority and in such form as may be prescribed.]
[Inserted by M.P. Act No. 29 of 1970.]
(2) As from the 6th day of June, 1970, every person who-
(a) intends to sell or transfer any antiquity which is in his possession, custody, or control; or
(b) intends to acquire by purchase or otherwise any antiquity; or
(c) comes in possession, custody or control of any antiquity by purchase, gift, inheritance or otherwise;
shall give intimation in writing,-
(i) where such person falls under category (a) or (b) above, of his intention to sell or transfer or acquire, as the case may be, any such antiquity; and
(ii) where such person falls under category (c) above of the fact of his coming in possession, custody or control of any such antiquity to such authority, within such time and in such form as may be prescribed.
### 23B. [ Report regarding loss of antiquity.
[Inserted by M.P. Act No. 28 of 1970.]
- Every person who owns or is in possession, custody or control of any antiquity shall, in the event of its loss or destruction, give intimation within seven days of the loss or destruction thereof to such authority and in such form as may be prescribed and on his failure to do so it shall, unless the contrary is proved, be presumed that he has disposed of the antiquity in contravention of the provisions of Section 23A].
### 23C. [ Nothing contained in Sections 23-A and 23-B shall apply to the Archaeological Survey of India, its offices and Museums and all personnel employed therein while performing the functions and discharging the duties in their official capacity.]
[Inserted by M.P. Act No. 38 of 1973.]
### 24. Purchase of antiquity by State Government.
(1) If the State Government apprehends that any antiquity is in danger of being destroyed, injured, misused or allowed to fall into decay, or is of opinion that, by reason of its historical or archaeological importance it is desirable to preserve such antiquity in a public place, the State Government may make an order for the compulsory purchase of such antiquity as its market-value, and the Director shall thereupon give notice to the owner of the antiquity to be purchased.
(2) Where a notice of compulsory purchase is issued under sub-section (1) in respect of any antiquity, it shall vest in the State Government with effect from the date of the notice.
(3) The power of compulsory purchase given by this section shall not extend to any image or symbol actually used for bona fide religious observance.
Principles of Compensation
### 25. Compensation for loss or damage.
- Any owner or occupier of land who has sustained any loss or damage or any diminution of profits from the land by reason of any entry on, or excavations in, such land or the exercise of any other power conferred by this Act shall be paid compensation by the State Government for such loss, damage or diminution of profits.
### 26. Assessment of market value or compensation.
(1) The market value of any property which the State Government is empowered to purchase at such value under this Act or the compensation to be paid by the State Government in respect of anything done under this Act shall, where any dispute arises in respect of such market value or compensation, be ascertained in the manner provided in Sections 3, 5, 8 to 34, 45 to 47, 51 and 52 of the Land Acquisition Act, 1894 (I of 1894), so far as they can be made applicable.
(2) Notwithstanding anything contained in sub-section (1) or in the Land Acquisition Act, 1894 (1 of 1894), in determining the market value of any antiquity in respect of which an order for compulsory purchase is made under sub-section (3) of Section 22 or under sub-section (1) of Section 24, any increase in the value of the antiquity by reason of its being of historical or archaeological importance shall not be taken into consideration.
### 27. Special provisions as to compensation under Section 16.
(1) No person shall be entitled to compensation in respect of any notification issued under sub-Section (1) of Section 16 unless, within three months from the date on which such notification comes into force, or within such further time as the State Government may in special circumstances allow, he makes a claim for the purpose in the prescribed manner.
(2) A person shall not be entitled to compensation by reason of the fact that any act or thing done or caused to be done by him has been rendered abortive by such notification if, or so far as, the act or thing was done after the date on which the notification was issued, or by reason of the fact that the performance of any contract made by him after that date is prohibited as a result of the notification.
(3) Where any provision of such notification was immediately before the notification came into force already in force by virtue of any other Act, no compensation shall be payable by reason of any property being injuriously affected by that provision of the notification, if compensation has been paid or could have been claimed, or was not payable, by reason of that property having been injuriously affected by the provisions already in force.
(4) Where any provision of such notification could immediately before it comes into force, have been validly included in a scheme, order, regulation or by-law by virtue of any other Act, then,-
(a) if no compensation would have been payable by reason of the inclusion of that provision in that scheme, order, regulation or bye-law, no compensation shall be payable in respect of that provision of that notification; and
(b) if compensation would have been so payable, the compensation payable in respect of that provision of the notification shall not be greater than the compensation which would have been so payable.
(5) Any dispute as the amount of the sum which is to be paid as compensation in respect of such a notification shall be determined in accordance with the provisions of Section 26.
Miscellaneous
### 28. Delegation of powers.
- The State Government may, by notification, direct that any powers conferred on it by or under this Act shall, subject to such conditions as may be specified in the direction be also exercisable by such office or authority subordinate to the State Government as may be specified in the direction.
### 29. Penalties.
- [(1) Whoever-
(i) destroys, removes, injures, alters, defaces, imperils or misuses a State-protected monument; or
(ii) being the owner or occupier of a State-protected monument, contravenes an order made under sub-Section (1) of Section 8 or under sub-Section (1) of Section 9; or
(iii) removes from a State-protected monument any sculpture, carving, image, base-relief, inscription, or other like objects; or
(iv) does any act in contravention of sub-section (1) of Section 19; or
(v) removes any antiquity in contravention of sub-section (1) of Section 23; or
(vi) (a)
fails to make a declaration under sub-section (1) of Section 23-A; or
(b) fails to give intimation under sub-section (2) of Section 23-A or
(vii) fails to give intimation under Section 23-B; shall,-
(a) in the case of an offence falling under clause (i), (ii) or (iii) be punishable with imprisonment which may extend to three years and in the absence of special and adequate reasons to be mentioned in the judgment of the Court, such imprisonment shall not be less than six months and in addition may be punishable with fine which may extend to ten thousand rupees;
(b) In the case of an offence falling under clause (iv), (v), (vi) or (vii) be punishable with imprisonment which may extend to three years or with fine which may extend to ten thousand rupees, or with both;
and in the case of an offence falling under clause (vi) or (vii) that Court may, in addition, order the forfeiture of the antiquity in respect of which offence has been committed.]
[Substituted by M.P. Act No. 29 of 1970.]
(2) Any person who contravenes any of the provisions of a notification issued under sub-section (1) of Section 16 shall, on conviction, be punished with fine, which may extend to two thousand rupees, and if the contravention is continued after conviction, with a further fine which may extend to five rupees for each day on which the contravention is so continued, and if such contravention is continued after the expiry of such period as the Court may determine, the State Government shall in addition have power to do all such acts as in its opinion are necessary for removing so much of the building, structure or work as is not in conformity with the provisions of the notification for making it in conformity with such provisions, and any expense incurred by the State Government shall be recoverable from the person convicted as an arrear of land revenue.
(3) Any person who moves any antiquity in contravention of a notification issued under sub-section (1) of Section 23 shall be punishable with fine which may extend to five thousand rupees; and the Court convicting a person of any such contravention may, by order, direct such person to restore the antiquity to the place from which it was moved.
### 30. Jurisdiction to try offences.
- No Court inferior to that of a Magistrate of the first class shall try any offence under this Act.
### 31. Certain offences to be congnizable.
- Notwithstanding anything contained in the [Code of Criminal Procedure, 1898 (Act V of 1898)]
[Now see Code of Criminal Procedure, 1973 (2 of 1974).]
, an offence under clause (i) or clause (iii) of sub-section (1) of Section 29, shall be deemed to be a cognizable offence within the meaning of that Code.
### 32. Special provision regarding fine.
- Notwithstanding anything contained in Section 32 of the [Code of Criminal Procedure, 1898 (Act V of 1898)]
[Now see Code of Criminal Procedure, 1973 (2 of 1974).]
, it shall be lawful for any Magistrate of the first class specially empowered by the State Government in this behalf to pass a sentence of fine exceeding two thousand rupees on any person convicted of an offence which under this Act is punishable with fine exceeding two thousand rupees.
### 33. Recovery of amounts due to Government.
- Any amount due to the Government from any person under this Act may, on a certificate issued by the Director be recovered in the same manner as an arrear of land revenue.
### 34. Power to declare State-protected monuments and State-protected area to be no longer such monuments or area.
- If the State Government is of opinion that it is no longer necessary to protect any State-protected monument or State-protected area, it may, by notification, make a declaration to that effect and thereupon such monument or area shall cease to be a State-protected monument or State-protected area as the case may be.
### 35. Power to correct mistakes, etc.
- Any clerical mistake, patent error or error arising from accidental slip or omission in the description of any ancient monument or archaeological site and remains declared to be State-protected monuments or state-protected areas, as the case may be, under this Act may at any time be corrected by the State Government by notification.
### 36. Protection of action taken under Act.
- No suit for compensation and no criminal proceeding shall lie against any public servant in respect of any act done or in good faith intended to be done in exercise of any power conferred by this Act.
### 37. Power to make rules.
(1) The State Government may, by notification and subject to the conditions of previous publication, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :
(a) the prohibition or regulation by licensing or otherwise, of mining, quarrying, excavating, blasting or any operation of a like nature near a State-protected monument or the construction of buildings on any land adjoining such monument and removal of unauthorised buildings;
(b) the grant of licences and permissions to take excavations for archaeological purposes in State-protected areas, the authorities by whom and the restrictions and conditions subject to which such licences may be granted, the taking of securities from licensees and the fees that may be charged for such licences;
(c) the right of access of the public to a State-protected monument and the fee, if any, to be charged therefor;
(d) the form and contents of the report of an archaeological officer or a licensee under clause (a) of sub-section (1) of Section 22;
(e) the form in which applications for permission under Section 19 or Section 23 may be made and the particulars which they should contain;
(ee) [(i) the authority to which and the form in which declaration shall be made under sub-section (1) of Section 23-A;
[Inserted by M.P. Act No. 29 of 1970.]
(ii) the authority to which, the time within which and the form in which intimation shall be given under sub-section (2) of Section 23-A;
(eee) the authority to which and the form in which intimation shall be given under Section 23-B].
(f) the manner in which a claim shall be made under sub-section (1) of Section 27;
(g) the form and manner of preferring appeals under this Act and the time within which they may be preferred;
(h) the manner of service of any order or notice under this Act;
(i) the manner in which excavations and other like operations for archaeological purposes may be carried on;
(j) any other matter which is to be or may be prescribed.
(3) Any rule made under this section may provide that breach thereof shall be punishable,-
(i) in the case of a rule made with reference to clause (a) of sub-section (2), with imprisonment which may extend to three months, or with fine which may extend to five thousand rupees, or with both.
(ii) in the case of a rule made with reference to clause (b) of sub-section (2), with fine which may extend to five thousand rupees,
(iii) in the case of a rule made with reference to clause (c) of sub-section (2), with fine which may extend to five hundred rupees.
(4) All rules made under this Act shall be laid on the table Legislative of Assembly.
### 38. Repeal.
- The Ancient Monuments Preservation Act, 1904 (VIII of 1904), in its application to the State of Madhya Pradesh shall cease to have effect in relation to ancient and historical monuments, archaeological sites and remains and all other matters pertaining thereto which this Act applies, except as respects things done or omitted to be done before the commencement of this Act.
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65ba0a6eab84c7eca86ea8b4 | acts |
State of Andhra Pradesh - Act
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THE ANDHRA PRADESH PULSES BOARD ACT, 2020
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ANDHRA PRADESH
India
THE ANDHRA PRADESH PULSES BOARD ACT, 2020
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Act 7 of 2020
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* Published on 3 January 2020
* Not commenced
AN ACT TO PROVIDE FOR THE DEVELOPMENT UNDER THE CONTROL OF THE STATE GOVERNMENT, OF THE PULSES CROP AND PULSES INDUSTRY AND FOR MATTERS CONNECTED THEREWITH AND INCIDENTALTHERETO.
Be it enacted by the Legislature of the State of Andhra Pradesh in the Seventieth Year of the Republic of India as follows:
Chapter – I PRELIMINARY
### 1. Short title, extent and Commencement -
(1) This Act may be called the Andhra Pradesh Pulses Board Act, 2019.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may, by notification in the Andhra Pradesh Gazette, appoint.
### 2. Definitions -
In this Act, unless the context otherwise requires,-
(a) “administration” means administration for the purpose of achieving the objectives of the Act;
(b) “Board” means the Pulses Board established under section 3;
(c) “Chairman” means the Chairman of the Board appointed under section 3;
(d) “dealer” means a dealer in Pulses;
(e) “Government” means the State Government of Andhra Pradesh
(f) “Managing Director” means the Managing Director of the Board appointed under section 3;
(g) “member” means a member of the Board appointed under section 3 and includes the Chairman;
(h) “notification” means a notification published in the Andhra Pradesh Gazette and the word “notified” shall be construed accordingly;
(i) “Pulses” means specialized seeds of various Leguminous plants that are cooked and eaten;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “processor” means a person who processes the Pulses with the intention of adding value to the crop;
(l) “trader” means a person who is buying or selling Pulses in the state of Andhra Pradesh;
Chapter – II THE PULSES BOARD
### 3. Establishment and constitution of the Board -
(1) With effect from such date as the Government may, by notification appoint in this behalf, there shall be established for the purposes of this Act, a Board to be called the Andhra Pradesh Pulses Board.
(2) The Board shall be a body corporate by the name aforesaid, having perpetual succession and common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued.
(3) The Head Office of the Board shall be located at such place as the Government may specify.
(4) The Board shall consist of the following members, namely: -
(a) A Chairman, to be appointed by the Government;
(b) A Managing Director who shall be ex-officio Commissioner of Agriculture or Commissioner of Agricultural Marketing or Managing Director of AP MARKFED, appointed by the Government;
(c) One Member of Legislative Assembly and One Member of Legislative Council of the State nominated by the Government;
(d) Commissioner of Agriculture; (if he/she is not the Managing Director);
(e) Commissioner of Agricultural Marketing; (If he/she is not the Managing Director);
(f) Managing Director, AP MARKFED; (if he/she is not the Managing Director);
(g) Commissioner of Civil Supplies;
(h) Secretary/Commissioner, food processing;
(i) Managing Director, State Ware Housing Corporation;
(j) Commissioner, Tribal Welfare;
(k) Commissioner, Women and Child Development;
(l) One officer each from Department of Agriculture, and Department of Commerce, Government of India nominated by the respective departments;
(m) One (1) Chairman of the Agricultural Marketing Committee (AMC) from among the AMCs in whose notified area Pulses are grown by large number of farmers;
(n) Two Principal Scientists from All India Coordinated Research Programme for Pulses;
(o) Three (3) representatives of Pulses farming community to be spread across the State;
(p) Three (3) representatives from Agro Industries / Pulses Processing Industry / Exporters / Experts/Non-Government Organisations (NGO’s) / Foundations in the State;
(q) The Chief Operating Officer (COO) of the Board;
(r) Four (4) Chief Technical Officers (CTO) of the Board;
(s) Vice Chancellor of Agricultural University of the State of Andhra Pradesh or his representative;
(t) Two (2) members to be appointed by the Government to represent such other interests connected with the Pulses industry as, in the opinion of the Government, ought to be represented;
(u) One (1) representative of National Institute of Nutrition;
(v) Chairman or the Managing Director will be competent to invite any other official or expert in the meeting of the board whose services may help in achieving the goals envisaged in the Act. However, such invitees shall not have the right to vote.
(5) The term of office of the members and the manner of filling vacancies among, and the procedure to be followed in the discharge of their functions by the members shall be such as may be prescribed.
(6) No act or proceeding of the Board or any committee appointed by it under section 6 shall be invalidated merely by reason of,-
(a) any vacancy in, or any defect in the constitution of the Board or such committee; or
(b) any defect in the appointment of a person acting as a member of the Board or such committee; or
(c) any irregularity in the procedure of the Board or such Committee not affecting the merits of the case.
(7) The Board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at meetings) as may be provided by regulations made by the Board under this Act. The chairman shall preside over the meetings of the Board.
### 4. Functions of the Board -
(1) It shall be the duty of the Board to promote, by such measures as it thinks fit, the development under the control of the Government, of the Pulses crop and Pulses industry.
(2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may provide for,-
(a) adopting measures for the development of Pulses industry so that farmers, particularly small farmers, may become participants in and beneficiaries of the development and growth of Pulses industry;
(b) providing financial or other assistance for the development of high yielding Pulses hybrids, adoption of improved methods and modern technology for cultivation of Pulses, and extension of areas under pulses cultivation with a view to improving the growth of Pulses industry;
(c) encourage organic production of Pulses;
(d) recommending measures for improving the marketing of Pulses and its products in India including but not limited to providing storage facilities, value addition, integration with national markets;
(e) adopting such measures as may be practicable for assisting Pulses growers to get incentive prices including recommending, as and when necessary, minimum and maximum prices for Pulses and its products;
(f) develop, promote and regulate export of Pulses and its products;
(g) implementing suitable quality standards and introduce certification of quality through “Quality Marking” for Pulses for export;
(h) collecting statistics from growers, traders, processor of Pulses and manufacturer of Pulses products and such other persons and institutions as may be prescribed, on any matter relating to Pulses industry;
(i) fixing grades, specifications and standards for Pulses and its products;
(j) undertaking such publicity and publishing such periodicals, books or bulletins, on the research and development of Pulses and its products, as may be found necessary;
(k) assist and encourage studies and research for improvement of productivity, processing, quality, techniques of grading and packaging of Pulses and their products;
(l) such other measures as may, having regard to the purposes of this Act, be prescribed by the Government;
(m) in doing the above functions, the board shall work in close liaison with other national and State Government agencies so that there is no duplication of efforts.
(3) The Board shall perform its functions under this section in accordance with, and subject to, such rules as may be made by the Government.
### 5. Officers of the Board and other staff -
(1) The Managing Director shall be the Chief Executive Officer of the Board and he is responsible of administration.
(2) The Managing Director shall be responsible for implementation of the decision of the Board and shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Board. He shall have the right to attend the meetings of the Board and its committees appointed under section 6 and take part in the proceedings thereof.
(3) The Government shall appoint an Administrative Officer to the Board who shall exercise such powers and perform such duties as may be prescribed or as may be delegated to him by the Managing Director.
(4) The Managing Director and the Administrative Officer shall be entitled to such salaries and allowances and shall be subject to such conditions of service in respect of leave, pension, provident fund and other matters as may, from time to time, be fixed by the Government.
(5) Subject to such control and restrictions as may be prescribed, the Board may appoint such other officers and employees as may be necessary for the efficient performance of its functions and the method of appointment, the conditions of service and the scales of pay and allowances of such other officers and employees of the Board shall be such as may be provided by the Board with the approval of the Government.
### 6. Committees of the Board -
(1) The Board may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this Act.
(2) The Board shall have the power to co-opt as members of any committee appointed under sub-section (1) aforesaid, such number of persons, who are not members of the Board as it may think fit and the persons so co-opted shall have the right to attend meetings of the committee and take part in its proceedings but shall not have the right to vote.
(3) The persons co-opted as members of a committee under sub-section (2) aforesaid, shall be entitled to receive such allowances or fees for attending meetings of the committee as may be fixed by the Government.
### 7. Salary and allowances and the conditions of service of Chairman and allowances of members -
(1) The Chairman shall be entitled to such salary and allowances and shall be subject to such conditions of service as may, from time to time, be fixed by the Government.
(2) The members of the Board shall receive such allowances as may be fixed by the State Government.
### 8. Resignation of Members -
A member may resign from his office by giving notice thereof in writing to the Government and on such resignation being accepted, he shall be deemed to have vacated his office.
### 9. Dissolution of the Board -
(1) The Government may, by notification in the Andhra Pradesh Gazette and for reasons to be specified therein, direct that the Board shall be dissolved from such date and for such period as may be specified in the notification:
Provided that before issuing any such notification, the Government shall give a reasonable opportunity to the Board to make representations against the proposed dissolution and shall consider the representations, if any, of the Board.
(2) When the Board is dissolved under sub-section (1) aforesaid,-
(a) all members, not withstanding that their term of office has not expired, shall, from the date of dissolution, vacate their offices as such members;
(b) all powers and duties of the Board shall, during the period of dissolution, be exercised and performed by such person or persons as the Government may appoint in this behalf and their remuneration shall be such as may be prescribed;
(c) all funds and other properties vested in the Board shall, during the period of dissolution, vest in the Government; and
(d) as soon as the period of dissolution, expires, the Board shall be reconstituted in accordance with the provisions of this Act.
Chapter – III FINANCE, ACCOUNTS AND AUDIT
### 10. Revenues of the Board -
(1) The Board may levy fee on the farmers,dealers, traders, processors, manufacturers, or any such person for the extension or market or export services rendered by the Board. The quantum of levy shall be decided with the prior approval of the State Government.
(2) The Government may, after due appropriation made by State Legislature by law in this behalf, pay to the Board by way of grants or loans such sums of money as the Government may think fit for being utilized for the purposes of this Act.
### 11. Constitution of the Pulses Fund -
(1) There shall be formed a Fund to be called the Pulses Development Fund and there shall be credited thereto,–
(a) fee collected under sub- section (1) of section 10;
(b) any grants or loans granted by the Government for the purposes of this Act;
(c) any grants or donations or loans that may be made by any person, voluntary organizations or institutions for the purposes of this Act including loans under section 12:
Provided that no such grant, loan or donation shall be credited to the Fund except with the prior approval of the Government.
(2) The Fund shall be applied, –
(a) for meeting the cost of the measures referred to in section 4;
(b) for meeting the salaries, allowances and other remuneration of the members, officers and other employees, as the case may be of the Board;
(c) for meeting the other administrative expenses of the Board and any other expenses authorized by or under this Act:
Provided that the donations from any person or voluntary organization or institutions shall be used for the purpose for which it was donated subject to the functions mentioned in section 4.
(d) for repayment of any loans.
### 12. Borrowing powers of the Board -
(1) The Board may, for the purposes of carrying out its functions under this Act, and with the previous approval of, and subject to the directions of the Government, borrow money from, –
(a) the public by the issue or sale of bonds or debentures or both, carrying interest at such rates as may be specified therein;
(b) any bank or other institution;
(c) such other authority, organization or institution, as may be approved by the Government in this behalf.
(2) The Government may guarantee the repayment of the money borrowed by the Board under sub-section (1) aforesaid and the payment of interest thereon and other incidental charges.
### 13. Writing of losses -
Subject to such conditions as may be specified by the Government, where the Board is of opinion that any amount due to or any loss, whether of money or of property, incurred by the Board is irrecoverable, the Board may with the previous approval of the Government, sanction the writing off finally of the said amount or loss:
Provided that no such approval of the Government shall be necessary where such irrecoverable amount or loss does not exceed in any individual case and in the aggregate in any year such amounts as may be prescribed.
### 14. Budget -
The Board shall prepare in such form and at such time each financial year, as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the Board and forward the same to the Government.
### 15. Annual Report -
The Board shall prepare, in such form and at such time each financial year, as may be prescribed its annual report giving a full account of its activities during the previous financial year and submit a copy thereof to the Government.
### 16. Accounts and Audit -
(1) The Board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Government in consultation with the Andhra Pradesh state Audit department.
(2) The accounts of the Board shall be audited by the Andhra Pradesh state Audit department at such intervals as may be specified by them and any expenditure incurred in connection with such audit shall be payable by the Board to the Andhra Pradesh state Audit department.
(3) The Andhra Pradesh Audit department and any person appointed by them in connection with the audit of the accounts of the Board shall have the same rights and privileges and authority in connection with such audit as the Andhra Pradesh Audit department generally has in connection with the audit of the Government accounts and, in particular, shall have the right to demand the production of books of accounts connected vouchers and other documents and papers and to inspect any of the offices of the Board.
(4) The accounts of the Board as certified by the Andhra Pradesh State Audit department or any other person appointed by them in this behalf together with the audit report thereon shall be forwarded annually to the Government and the Government shall cause the same to be laid before each House of Legislature of the State.
Chapter – IV CONTROL BY STATE GOVERNMENT
### 17. Directions by Government -
(1) The Board shall carry out such directions as may be issued to it from time to time by the Government for the efficient administration of this Act.
(2) The Government may, by order published in the Andhra Pradesh Gazette, designate specific water deficit areas as Pulses zones and make provision for prohibiting or restricting cultivation of water guzzling crops in such areas, and the Board shall implement such order made by the Government.
### 18. Returns and Reports -
(1) The Board shall furnish to the Government at such time and in such form and manner as may be prescribed or as the Government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the Pulses crop and industry, as the Government may, from time to time require.
(2) The Board shall furnish a programme of its activities for each financial year to the State Government for their information and directions, if any.
(3) Without prejudice to the provisions of sub-section (1) aforesaid, the Board shall, as soon as possible, after the end of each financial year, submit to the Government a report in such form and before such date, as may be prescribed, giving a true and full account of its activities, policy and programmes during the previous financial year.
(4) A copy of the report received under sub-section (3) aforesaid, shall be laid, as soon as may be, after it is received, before State Legislature.
Chapter – V MISCELLANEOUS
### 19. Penalties for obstructing an officer or member of the Board in discharge of his duties and for failure to produce books and records etc., -
(1) Any person who, –
(a) obstructs any officer/member authorized by the Managing Director in writing or other employee of the Board or any person authorized in this behalf by the State Government in the exercise of any power conferred, or in the discharge or any duty imposed, on him by or under this Act; or
(b) having control over or custody of any account book or other record, fails to produce such book or record when required to do so by or under this Act. shall be punishable with imprisonment, which may extend to six months, or with fine, which may extend to five thousand rupees, or with both.
(2) Who ever contravenes or attempts to contravene or abets the contravention of the provisions of this Act or any of the rules made thereunder other than the provisions contained in sub section (1) aforesaid, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five thousand rupees or with both and in the case of continuing contravention with an additional fine which may extent to fifty rupees for every day during which such contravention continues.
### 20. Previous sanction of the Government -
No prosecution for any offence punishable under this Act shall be instituted except with the previous sanction of the Government.
### 21. Delegation -
The Board may, by general or special order in writing, delegate to the Chairman or any other member or to any officer of the Board, subject to such conditions and limitations if any, as may be specified in the order, such of its powers and functions under this Act (except the power under section 26) as it may deem necessary.
### 22. Members, officers and employees of the Board to be public servants -
All members, officers and other employees of the Board shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code (Act 45 of 1860).
### 23. Protection of action taken in good faith -
No suit, prosecution or other legal proceeding shall lie against the Government, or the Board or any committee appointed by it, or any member of the Board or such committee, or any officer or employee of the Government or the Board or any other person authorized by the Government or the Board for anything which is in good faith done or intended to be done under this Act or the rules or regulations made thereunder.
### 24. Power to Inspection or inquiry -
Subject to any rule made in the behalf, any person, generally or specially authorized by the Managing Director may whenever it is necessary so to do, for any of the purposes of this Act, at all reasonable times, enter upon any land or premises and make any inspection or inquiry or do such other act or thing as may be prescribed:
Provided that no such person shall enter any building, or any enclosed courtyard or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier atleast twenty-four hours’ notice in writing of his intention to do so.
### 25. Power to make rules -
(1) The Government may, by notification in the Andhra Pradesh 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 number of members of the Board under sub-section (4) of section 3;
(b) the term of office and other conditions of service of the members of the Board under sub-section (5) of section 3 and section 7;
(c) the procedure to be followed for carrying out any or all of the functions contained in section 4;
(d) the powers and duties of the Chairman;
(e) the powers and duties of Managing director under section 5;
(f) the constitution of committees under section 6;
(g) the form in which, and the time at which, the Board shall prepare its budget under section 14 and its annual report under section 15;
(h) the manner in which the accounts of the Board shall be maintained and audited and date before which the audited copy of the accounts may be furnished to the State Government under section 16;
(i) the conditions and restrictions with respect to the exercise of the power to enter under section 24;
(j) any other matter which is to be, or may be, prescribed or in respect of which provision is to be, or may be, made by rule.
### 26. Power to make regulations -
(1) The Board may, with the previous approval of the Government, by notification in the Andhra Pradesh Gazette, make regulations consistent with this Act and the rules generally to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such regulations may provide for the following matter, namely, the terms and conditions of service of the Administrative Officer and other officers and employees of the Board under section 5.
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65ba69f8ab84c7eca86eb303 | acts |
State of Tamilnadu- Act
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Tamil Nadu Prohibition of Child Marriage Rules, 2009
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TAMILNADU
India
Tamil Nadu Prohibition of Child Marriage Rules, 2009
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Rule TAMIL-NADU-PROHIBITION-OF-CHILD-MARRIAGE-RULES-2009 of 2009
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* Published on 30 December 2009
* Commenced on 30 December 2009
Tamil Nadu Prohibition of Child Marriage Rules, 2009
Published vide Notification No. G.O. (Ms.) No. 169, Social Welfare and Nutritious Meal Programme (SW5), dated 30.12.2009
Last Updated 5th February, 2020
No. SRO A-44(a) /2009. - In exercise of the powers conferred by sub-section (1) of Section 19 of the Prohibition of Child Marriage Act, 2006 (Central Act 6 of 2007), the Governor of Tamil Nadu hereby makes the following Rules, namely:-
### 1. Short title.
- These rules may be called the Tamil Nadu Prohibition of Child Marriage Rules, 2009.
### 2. Definition.
(1) In these rules, unless the context otherwise requires, -
(a) "Act" means the Prohibition of Child Marriage Act, 2006 (Central Act 6 of 2007);
(b) "State Government" means the Government of Tamil Nadu:
(2) Words and Expressions used and not defined in these rules but defined in the Act shall have the meaning respectively assigned to them in the Act.
### 3. Duties and Functions of Child Marriage Prohibition Officer.
- In addition to the duties and functions assigned to the Child Marriage Prohibition Officer under sub-section (3) of Section 16 of the Act, it shall be the duty of every Child Marriage Prohibition Officer -
(a) to act immediately upon any information of solemnisation of any child marriage that may be received through any mode of communication including written or oral i.e. through a letter, telephone, telegram, e-mail etc. or by any other means and forthwith initiate all necessary action;
(b) to furnish quarterly return and statistics to the Commissioner of Social Welfare in Form I;
(c) to file petition for annulling a child marriage in District Court in case the petitioner is a minor;
(d) to file petition before the District Court to pay maintenance to the female contracting party of the Marriage until her remarriage;
(e) to file petition before the District Court for the custody and maintenance of children of the child marriage.
### 4. Filing of the case.
- Any person in the best interest of the child, may also file a petition through Child Marriage Prohibition Officer.
### 5. Panchayat Level Core Committee.
- A Committee with the following persons to assist the Child Marriage Prohibition Officer:-
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Panchayat
President
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: Chairperson
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Extension Officer (Social Welfare)
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: Convener
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Village Administrative Officer
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: Member
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Secretary, Panchayat Level Federation of Self
Help Groups
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: Member
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Head Master / Senior Teacher(where there is no
Head Master)
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: Member
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One Women Ward Member(If more than one Women
Ward Member, the Senior most by age)
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: Member
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Form - I
(See rule -3)
Child Marriage Incident Report
### 1. Details of the complainant / Party to the child marriage: (1) Name of the complainant /Party to the child marriage:
(2) Age:
(3) Present Address:
(4) Phone Number,If any:
### 2. Details of respondents: | | | | |
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Sl.No.
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Name
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Address
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Tel. No.
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### 3. Details of Marriage: | | | |
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Sl. No.
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Date, Place and Time of Child Marriage
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Performer
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Priest
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Relative
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### 4. List of documents attached: | | |
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Name of document
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D
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Birth Certificate
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Doctor's Certificate for age verification
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List of money,Ornaments,valuables,gifts given at the time of
marriage
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### 5. Order that need to be obtained under the Prohibition of Child Marriage Act, 2006 (Central Act 6 of 2007): | | | |
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Sl.No.
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Orders
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Yes/No
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1.
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Prohibitory injunction under Section 13.
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2.
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Annulment order under Section 3.
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3.
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Residence order under Section 4(4) .
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4.
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Maintenance order under Section 4(1) .
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5.
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Custody order under Section 5.
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6.
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Restriction order under Section 3(4) .
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7.
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Any other Order.
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### 6. Assistance needed:
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Sl.No.
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Assistance available
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Yes/No
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1.
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Counsellor
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2.
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Police Assistance
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3.
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Assistance for initiating Criminal Proceedings
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4.
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Shelter home
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5.
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Medical Facilities
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6.
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Legal Aid
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Place.........................
Date...........................
........................................
(Counter signature of Prt)
Name......................................
Address................................
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65b942fcab84c7eca86e8c1a | acts |
State of Uttarakhand - Act
----------------------------
The Uttarakhand Water Tax on Electricity Generation Act, 2012
---------------------------------------------------------------
UTTARAKHAND
India
The Uttarakhand Water Tax on Electricity Generation Act, 2012
===============================================================
Act 09 of 2013
----------------
* Published on 25 January 2013
* Commenced on 25 January 2013
The Uttarakhand Water Tax on Electricity Generation Act, 2012
(Uttarakhand Act
No. 09 of 2013
)
Miscellaneous
In pursuance of the provisions of Clause (3) of Article 348 of the Constitution of India, the Governor is pleased to order the publication of the following English translation of 'The uttarakhand water Tax On Electricity Generation Act, 20l2' (Adhiniyam Sankhya 09 of 2013).
As Passed by the Uttarakhand Legislative Assembly and assented to by the Governor on 25 January, 2013.
to levy water tax on electricity generation in the State of Uttarakhand
An Act be it enacted in the sixty-third Year of the Republic of India by the Uttarakhand state legislative Assembly as bellows:-
Chapter-I Preliminary
### 1. Short Title, Extent and Commencement.
- This Act may be called the Uttarakhand Water Tax on Electricity Generation Act, 20l2.
(2) It extends to the whole State of Uttarakhand.
(3) It shall come into force from such date as the State Government may by notification in the Gazette appoint.
(4) The provisions of this Act shall have effect notwithstanding anything inconsistent contained in any other law for the time being in force.
### 2. Definition.
- In these rules, unless there is anything repugnant in the subject or context:-
(a) "Act" means the Uttarakhand Water Tax on Electricity Generation Act, 20l2;
(b) "Commission" means Uttarakhand State Commission for Water Tax on Electricity Generation established under section 21 of the Act;
(2) [(B) Commission means Uttarakhand Water Resources Management and Regulatory Commission, under the Uttarakhand Water Management and Regulatory, 2013.]
[Substituted by Uttarakhand Act No. 4 of 2016, dated 31.3.2016.]
(c) "Electricity" means electrical energy generated by why of water drawn from any water source flowing within the territory of the State;
(d) "Government" means Government of Uttarakhand:
(e) "Notification" means a notification published in the Gazette of the State, and the term "notify" shall be construed accordingly;
(f) "User" means any person, group of persons, local body, Government Department, company, corporation, society etc. drawing water or any other authority authorized under chapter -II of the Act to avail the facility to draw water from any source for generation of electricity;
(g) "Water" means natural resource flowing in any river, stream, tributary, canal, nallah or any other natural course of water or stipulated upon the surface of any land like, pond, lagoon, swamp, spring;
(h) "Water Source" means a river and its tributes, stream, nallatr, canal, spring, pond, lake, water course or any other source from which water is drawn to generate electricity;
(i) "Water Tax" means the rate levied or charged for water drawn for generation of electricity and fixed under this Act.
Chapter-2 Introduction
### 3. General.
- For the purpose of this Act, every water source in the State is, and shall remain, the property of the Government and any proprietary ownership, or any riparian or usage right, on such wale; resources vested in any individual, group of individuals or any other body, corporation, company, society or community shall, from the date of commencement of the Act, be deemed to have been terminated and vested with the Government. However, for rivers of interstate nature and rivers under the ambit of international treaties, the ownership right of Uttarakhand Government shall be limited to non-consumptive use of water.
(2) No person, group of persons, Government department, local authority, corporation, company, society or any other body shall draw water from any source for electricity generation except in accordance with the provisions of the Act.
Chapter-3 Usage of water by installation of Hydroelectric Generating unit
### 4. Installation of Scheme for usage of water.
- No person, group of persons, Government department local authority, corporation, company society or any other body, by whatever name called (hereinafter in this Chapter will be called the "user"), shall install a Scheme requiring usage of water (non consumptive use) of any water source for generating electricity except without being registered under the Commission in accordance with the provisions provided hereinafter in this Chapter.
### 5. Submission of Sanctioned Scheme for usage of water by the user.
- Any user intending to install a Scheme requiring usage of water (non consumptive use) for the purpose of genration of electricity shall submit Detailed Project Report of the scheme, .duly sanctioned by authority competent to do so in this behalf to the Commission accompanied by such fee and charges as may be fixed by the Commission for registration.
### 6. Acceptance of the Scheme.
- After receipt of the scheme from a user, the Commission shalt consider the acceptance of the scheme under this Act.
### 7. Information to the User Prohibition on.
- After the scheme is accepted by the Commission under section 6, the Commission shall register the scheme and inform the user to -
(a) Execute an agreement in such a form and manner with the Commission as may be prescribed; and
(b) Pay such fee and water Tax as fixed under chapter 4 of this Act.
### 8. Prohibition on installation of a Scheme.
- No user shall install a Scheme requiring usage of water without adhering to the requirements of section 10.
### 9. Registration for usage of water.
- No person shall install a Scheme, requiring usage of water or in any other way use the water, unless he/she is authorized to do so by a registration certificate, issued under section 10.
### 10. Grant of Registration Certificate.
- An user intending to use water (non consumptive use) for generation of electricity shall be issued a registration certificate after the execution of an agreement between the user and the Commission under the Act.
### 11. Registered user not to do certain things.
- No registered user shall without prior approval of Commission :-
(a) Undertake any transaction to acquire by purchase or takeover or otherwise, the utility of any other user; or
(b) Merge his utility with the utility of any other user;
(c) No user shall at any time assign his registration or transfer his utility or any part thereof by sale, lease, exchange or otherwise without the prior approval of the Commission.
### 12. Duties obligations and responsibilities of the Registered user.
(1) The registered user shall be liable to pay water tax for the water drawn for electricity generation as per the provisions of the Act.
(2) Where any user has constructed a Hydropower scheme, ?or purpose of generation of electricity, prior to the commencement of the Act, such user shall, within a period of six month from the date of commencement of the Act, apply for registration under the Act and the Commission shall pass an order to register the user within a period of six months from the date of receipt of application in accordance with the provisions of the Act.
(3) If the user as mentioned in sub-section (2) fails to apply or register within time stipulated therein, the Commission shall forthwith impose suitable penalty which may be enhanCed in case of prolonged default.
(4) Every registered user shall be under an obligation to ensure the safety of the life and property of inhabitants of the area under the operation of the scheme.
(5) Every registered user shall be bound to allow the authority or any other officer authorized by authority to have access at any time to the scheme for their satisfaction.
### 13. Control and safety provisions.
(1) The Commission may, by notice in writing given to the user require him to :-
(a) Cause periodic inspection carried out by an expert, to the satisfaction of the Commission and in accordance with the procedure and at such intervals, as the Commission may specify, for the Scheme;
(2) The user shall pay such fee and such other charges as the State Water Commission may fix in this behalf, to the State Water Commission for under taking the following activities :-
(a) Periodical inspection of the scheme by the Commission or any other officer or expert empowered in the behalf;
(b) Any other activity performed or caused to be performed by the Commission under this section in relation to the scheme of the user.
Chapter-4 Assessment of water drawn by user
### 14. Assessment of water drawn by user.
(1) The Commission shall install or cause to be installed flow measuring device within,the premises of Scheme or at such other place where the Commission deems fit for purposes of measuring the water drawn for electricity generation or may adopt any indirect method for assessment of water drawn by the user.
(2) The Commission may either install or, require a user to install a flow measuring device as per the specifications approved by the Commission at his premises or at his location or at such other place as the Commission may direct and thereafter adjust the expenditure incurred by such user on such installation towards the water Tax payable by the user.
### 15. Injuring the flow measuring device or any fitting.
- No person shall willfully injure or cause to be injured, any device or any of the fittings of the device.
### 16. Fraud in respect of flow measuring devices.
- No person shall fraudulently or dishonestly-
(a) alter the index of any flow measuring device or prevent any device from recording the actual quantity of water supplied: or
(b) exacts or draw water before it has been recorded by the measuring device set up for the purpose of recording the same; or
(c) tamper the measuring device, install or use a tampered device; or
(d) use any other device or method which interferes with accurate or proper registration, calibration or metering of water supplied; or
Chapter-5 Water tax
### 17. Fixation of water tax.
- The user shall be liable to pay the Waler Tax under the Act at such rates as the Government may by notification fix in this behalf.
(2) The State Government may review increase, decrease or vary the rates of the Water tax fixed under this section from time to time in the manner it deems fit.
### 18. Recovery of water tax.
- The shall recover water tax as per the rates fixed by the State Government from every user whenever water is drawn by a user for generation of electricity.
### 19. Procedure for assessment.
(1) The assessment of water drawn by the user for electricity generation and computation of water tax there oi shall be carried out by the Commission,
(2) The user shall pay the water Tax as assessed under sub-section (1) within such time as may be specified by the Commission.
(3) If any user fails 10 pay water Tax due on him, penalty shall be imposed on the user as determined by the Commission. The User has to pay Water Tax along with penalty within extended time as may be specified by the Commission. If the user again fails to pay water Tax along with penalty within the extended time, the dues shall be recovered as arrears of land revenue.
CHAPTER-6 State Commission for water tax on electricity generation
### 20. Establishment of commission.
(1) The Government may, within three months from the date of commencement of the Act, by notification, establish an Commission to be known as the State Commission for tax on electricity generation to exercise the powers conferred on, and to discharge the functions under this Act:
Provided that till the Commission is established under the section, the Principal Secretary/Secretary, Irrigation may exercise the powers and discharge the functions of the Commission under the Act.
[Sub-section (2) to sub-section (5) of hereby repealed.]
[Repealed by Uttarakhand Act No. 4 of 2016, dated 31.3.2016.]
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(2) The Commission established under sub-section (1) shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, be the said name, sue or be sued.
(3) The Head Office of the Commission shall be at such place as the State Government fix in this behalf.
(4) The Commission shall consist of a Chairperson and not more than two Members.
(5) The Chairperson and Members of the Commission shall be appointed by the State Government on the recommendations of a search committee referred to in sub-section (1) of section 22.
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[21 to 25.
[Repealed by Uttarakhand Act No. 4 of 2016, dated 31.3.2016.]
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21. Qualifications for appointment of chairperson and Members of the Commission.- (1) The Chairperson shall be appointed from amongst persons who are either holding or have held a post not below the rank of Secretary to State Government and have adequate knowledge of, or experience in, or have shown capacity in dealing with, problems relating to engineering, finance, commerce, economics, law, administration or management.
(2) The Members of the Commission shall be persons of ability, integrity and standing who have adequate knowledge of, or experience in, or have shown capacity in dealing with, problems relating to engineering, finance, commerce, economics, law or management :
Provided that at least one Member shall be from amongst the persons who are either holding or have held a post 6ot below the rank of Chief Engineer or equivalent and having qualification and experience in the field of Hydropower Engineering.
(3) The Chairperson or any Member of the Commission shall not hold any other office of the profit.
(4) The Chairperson shall be the Chief Executive Officer of the Commission.
22. Constitution of a search Committee.- The Government shall, for the purposes of selecting the Chairperson and Members of the Commission, constitute a search committee consisting of-
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(a) |
Chief Secretary
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- ChairPerson;
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(b) |
Principal Secretary Secretary Finance,
Uttarakhand Government
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- Member;
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(c) |
Principal Secretary/Secretary Irrigation,
Uttarakhand Government
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- Member;
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(d) |
Principal Secretary/Secretary Power, Uttarakhand
Government
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- Member;
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(e) |
Principal Secretary/ Secretary Law, Uttarakhand
Government
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- Member;
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(2) The Government shall, within one month from the date of occurrence of any vacancy by reason of death, resignation, or removal of the Chairperson or Member and six month before the superannuation or end of the tenure of the Chairperson or a Member make a reference to the search committee for filing up of the vacancy.
(3) The search committee shall finalize the selection of Chairperson or the Members, within two months from the date on which the reference is made to it.
(4) Before recommending any person for appointment as Chairperson or Member, the search committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his function as such Chairperson or Member.
### 23. Term of office and condition of service.- (1) The Chairperson and other Members shall hold office for a term of three years from the date they enter upon their office : Provided that no Chairperson or Member shall hold office after he has attained the age of 65 years :
Provided further that the Government may, at any time for the reasons recorded in writing and after giving an reasonable opportunity of being heard, determine term of the Chairperson or Member before he completes three years term or attain age of 65 years, as the case may be :
Provided further that the Government may suspend the Chairperson or any Member of the Commission in respect of whom in order determining the term is proposed to be passed or in the opinion of the Government there are just and sufficient reasons to suspend the Chairperson or the Member.
(2) The salary, allowances and other terms and conditions of service of the Chairperson and the Members shall be such as may be prescribed :
Provided that the salary, allowances and other terms and condition of service of the Chairperson and the Members shall not be varied to their disadvantage after appointment.
(3) The Chairperson and Members shall, before entering upon their office, make and subscribe to an oath of office and secrecy in such form and in such manner and before such authority as may be prescribed.
(4) Notwithstanding anything contained in sub-section (1), the Chairperson or a Member may relinquish his office by giving in writing to the Government a notice of not less than thee months.
(5) The Chairperson or any Member ceasing to hold office as such shall-
(a) not be eligible for further appointment under the Government for a period of two years from the date he ceases to hold such office; and
(b) not accept any commercial employment for a period of two years from the date he ceases to hold such office.
### 24. Removal of Chairperson or Member.- (1) The Chairperson or the Member shall cease to hold his office as such if he -
(a) has been adjudged as insolvent by the competent court or
(b) has been convicted of an offence by the competent court.
(c) has become physically or mentally incapable of acting as such;
or
(d) has acquired such financial or other interest as is likely to affect prejudicially his function in the Commission ;
(2) Where a question arises as to if the Chairman or the member has become physically or mentally incapable of acting as such or has acquired such financial or other interest as is likely to affect prejudicially his function in the Commission, the decision in this regard shall be taken by the Government and shall be final.
### 25. Officer and other Employees of the Commissioner.- (1) The Commission shall have a and perform such duties under may be Prescribed.
(2) The Secretary shall be appointed by the Government.
(3) The number, nature and categories of other officers and employees required to assist the Commission, to discharge its functions, shall be such as maY be Prescribed.
(4) The salaries and allowances payable to, and other term and conditions of the service of the Secretary, officers and other employees shall be such as may be prescribed.
(5) The Commission shall engage the engineers and other staff of State Government to assess the water drawn by users and other technical activities to assist the Commission to discharge its functions on the terms and conditions as may be prescribed.
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### 26. [
[Substituted by Uttarakhand Act No. 4 of 2016, dated 31.3.2016.]
(1) The Commission shall discharge the following functions in addition to the functions specified in Water Management and Regulatory Commission established under Uttarakhand Water Management and Regulatory Act, 24 of 2013, namely -
(a) To enforce the decisions and orders issued under the Act;
(b) To judicate upon the disputes regarding Water Tax;
(c) To ensure transparency while exercising the powers and discharging its functions;
(d) To establish a system of enforcement, monitoring and measurement of water drawn for electricity generation;
(e) To execute other functions as may be assigned to him or fix by the Government.]
### 27. Power of the Commission.
(1) The Commission shall for the purposes of making any inquiry or initiating any proceedings under the Act, have the same powers as are vested in a Civil Court, under the Code of Civil Procedure, 1908 in respect of the following matters, namely,-
(a) summoning and enforcing the attendance of any witness and examining him on oath;
(b) discovery and production of any document or other material object capable of being produced as evidence;
(c) receiving of evidence on affidavits;
(d) requisition of any public record;
(e) issuing commission for examination of witnesses;
(f) reviewing its decisions, directions and orders;
(g) any other matter which may be prescribed.
(2) The Commission shall have the powers to pass such interim order in any proceeding, hearing or matter before it, as it may consider approPriate.
(3) The Commission may authorize any person, as it may deem fit, to represent the interest of the registered users in the proceedings before it.
### 28. [
[Substituted by Uttarakhand Act No. 4 of 2016, dated 31.3.2016.]
All proceeding before the Commission shall be deemed to be judicial proceedings within the meaning of Sections 193, 219 and 228 of the Indian Penal Code and the Commission shall be deemed to be a Civil Court for the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.]
### 29. Power of entry and seizure.
- The Commission or any officer, not below the rank of Gazetted Officer specially authorized in this behalf by the Commission, may enter any building or place where the Commission has reason to believe that any document relating to the subject matter of the inquiry may be found, and may seize any such document or take extracts of copies there from subject to the provisions of Indian Penal Code.
### 30. Delegation.
- The Commission may, by general or special order in writing, delegate to the Chairman, any Member, Secretary, officer of the Commission or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under the Act, (except the powers to adjudicate disputes under clause (f) of sub-section (1) of section 26 and the powers to make regulations under section 48 as it may deem necessary.
### 31. Appeal to High Court.
(1) Any person aggrieved by any decision or order of the Commission may file an aPPeal to the High Court.
(2) An appeal under sub-section (1) shall be preferred within ninety days from the date of communication of the decision or order of the Commission to the person aggrieved by such decision or order.
### 32. Penalty for non-compliance of directions of Commission.
- If any complaint is filed before the Commission that an/ person has contravened any provisions of the Act, or if the Commission is satisfied that any person has contravened any of the provisions of the Act or the rules or regulations or any direction issued by the Commission has not been complied with, the Commission may after giving such person an opportunity of being heard, in the mater, by order in writing, direct that, without prejudice 1o any other penalty to which he may be liable under the Act, such person shall pay, by way of penalty, such amount which shall be prescribed by the Commission for each contravention and in case of a continuing failure to pay such penalty, with an additional penalty which may be lEvied as deemed fit by the Commission for everyday from the day such failure commences until he pays such penalty.
### 33. Power to adjudicate.
(1) For the purpose of adjudicating under the Act, the Commission shall appoint any of its members to be an adjudicating officer for holding an inquiry in such manner as may be prescribed after giving the person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty.
(2) While holding any inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence, or produce any document which, in the opinion of the adjudicating officer, may be useful for, or relevant to, the subject matter of the inquiry, and if, on such inquiry, he is satisfied that the person has failed to comply with any provision of the Act, he may impose such penalty as he thinks fit in accordance with the provisions of the Act.
(3) Any person aggrieved by an order under sub-section (2) may, within thirty days of the order, prefer an appeal before the Commission :
Provided that the Commission shall not pass any order without affording reasonable opportunity to the other party or parties, as the case may be.
### 34. Factors to be taken in to account by adjudicating officer.
- While adjudicating the quantum of penalty under section 35, the adjudicating officer shall have due regard to the following factors, adjudicating namelY:-
(a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default;
(b) the repetitive nature of the default.
### 35. Penalty not to effect other liabilities.
- The penalties imposed under the Act shall be in addition-to, and not in derogation of, any liability in respect of payment of compensation or, in the case of a user, the revocation of his registration which the offender may have incurred.
### 36. [
[Repealed by Uttarakhand Act No. 4 of 2016, dated 31.3.2016.]
\*\*\*]
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36. Grants and loans by the Government.- The Government may, after due appropriation made by State Legislature in this behalf, make to the Commission grants and loans of such sums of money as the Government may consider necessary.
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### 37. [
[Substituted by Uttarakhand Act No. 4 of 2016, dated 31.3.2016.]
(1) There shall be a fund constituted to be called the Commission fund and that shall be credited thereto, -
(a) any grants and loans made to the Commission by the Government;
(b) all fees received by the Commission under the Act;
(c) all sums received by the Commission from such other sources as may be decided upon by the Government.
(2) The Government may prescribe the manner of utilizing the fund for meeting the expenses.]
[38 to 40.
[Repealed by Uttarakhand Act No. 4 of 2016, dated 31.3.2016.]
\*\*\*]
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38. Accounts of Commission.- (1) The Commission shall maintain proper accounts and other relevant records and prepare an aural statement of accounts in such form as may be prescribed.
(2) The annual accounts and balance-sheet of the Commission shall be forwarded to the Government and the Government shall cause the same to be laid, as soon as may be after it is received, before the State Legislature.
39. Annual Report of the Commission.- (1) The Commission shall prepare once every year, in such form and at such time as may be prescribed, an annual report giving a summary of its activities during the previous year and copies of the report shall be forwarded,to the Government.
(2) A copy of the report received under sub-section (1) shall be laid, as soon as may be after it is received, before the State Legislature.
40. Budget of the Commission.- The Commission shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimate receipts and expenditure of the Commission and forward the same to the Government.
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### 41. Directions by the Government.
(1) To discharge its functions, the Commission shall be guided by such direction in matters of policy involving public interest as the State Government may from time to time give to it in writing.
(2) If any question arises as to whether any such direction relates to a matter of policy involving public interest, the decision of the State Government thereon shall be final.
### 42. Protections of action taken in good faith.
- No suit, prosecution or other proceeding shall lie against the Government or the Commission or any officer of the Government, or any Member, officer or other employee of the Commission or any public servant for anything done or in good faith purporting to be done under the Act or the rules or regulations.
### 43. Members, officers, etc. to be public servants.
- The Chairperson, Members, officers and other employees of the Commission when acting or purporting to act in pursuance of any of the provisions of the Act, shall be deemed to be public servant within the meaning of the Indian Penal Code, 1860.
### 44. Provisions of the act to be in addition to and not in derogation of other laws.
- The provisions of the Act are in addition to and not in derogation of any other law for the time being in force in the State.
### 45. Power of Government to make rules.
(1) The Government may, by notification, make rules for carrying out the provisions of the Act.
(2) In particular and without prejudice to the generality of foregoing power, such rules may provide for all or any of the following matters, namelY:-
(a) the form and manner in which the agreement is to be executed under clause (b) of section 7;
(b) the form and manner of application and the fee to be paid for grant of registration certificate under section 10;
(c) the salary, allowances and other terms and conditions of service of the Chairperson and Members of the Commission under section 23;
(d) the form and manner in which and the authority before whom the Chairperson and Members shall make and subscribe oath under sub-section (3) of section 23;
(e) the powers to be exercised and duties to be performed by the Secretary of the Commission under sub-section (1) of section 25;
(f) the number, nature and categories of officers and employees of the Commission under sub-section (2) of section 25;
(g) the salaries, allowances arid other terms and conditions of Secretary, officers and other employees of the Commission under sub-section (4) of section 25;
(h) the manner of applying the Commission Fund under subsection (3) of section 40; and
(i) any other matter which is required to be, or may be prescribed.
### 46. Power of commission to make regulations.
(1) The Commission may, with the prior approval of the Government make regulations consistent with the Act and the rules made thereunder generally to carry out the provisions of the Act.
(2) All regulations made by the Commission under the Act shall be subject to the condition of previous publication.
### 47. Rules and regulations to be laid before the State legislature.
- Every rule made by the Government and every regulation made by the Commission shall be laid, as soon as may be after it is made, before each House of the State Legislature.
### 48. Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of the Act, the Government may, by order published in the Government Gazette, make such provisions not inconsistent with the provisions of the Act, as may appear to be necessary for removing the difficulty:
Provided that no order shall be made under this section after the expiry of two years from the date of commencement of the Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature.
|
65ba2e5dab84c7eca86eaca1 | acts |
State of Maharashtra - Act
----------------------------
The Shore Nuisances (Bombay and Kolaba) Act, 1853
---------------------------------------------------
MAHARASHTRA
India
The Shore Nuisances (Bombay and Kolaba) Act, 1853
===================================================
Act 11 of 1853
----------------
* Published on 15 July 1853
* Commenced on 15 July 1853
The Shore Nuisances (Bombay and Kolaba) Act, 1853
Maharashtra Act
No. 11 of 1853
[15th July, 1853]
This Act so far as it relates to the removal of any obstruction, impediment or public nuisance affecting, or likely to affect the navigation of the port of Bombay, was repealed by Act 22 of 1855. The short title was given by Bombay 2 of 1921.
An Act to facilitate the removal of nuisances and encroachments below high-water mark in the Islands of Bombay and Kolaba.
Preamble
Wheres there is a large sea-shore in the islands of Bombay and Kolaba, and it is expedient, with a view to the safe navigation of the harbour of Bombay, and to the public interests generally, to facilitate the removal of nuisances, obstructions and encroachments below high-water mark in the said harbour, or upon or about the shores of the said island; It is enacted as follows:-
### 1. Power to give notice to remove nuisance.
Mode of giving notice.
Contents.
Form.
It shall be lawful for the Collector of Land-revenue at Bombay to give notice requiring the removal of any nuisance, obstruction or encroachment anywhere below high-water mark in the said harbour of Bombay, or upon or about the shores of the said islands; such notice shall be given by affixing the same in some conspicuous place on or near to the encroachment, obstruction or nuisance complained of, and by publication thereof in the [Official Gazette]
[The words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.]
, and shall state that, unless the nuisance, obstruction or encroachment be removed or abated within one month, the same will be removed or abated by the said Collector; such notice may be in the Form No. 1, in Schedule to this Act annexed, or to the like effect.
### 2. Petition by person denying right to remove nuisance.
- If any person shall deny the right of the said Collector to effect such abatement or removal, he shall, within one month after such notice shall have been given as aforesaid, apply to the Supreme Court of Judicature at Bombay by petition, setting forth the grounds of his alleged right and praying that the said Collector may be restrained from causing such abatement or removal; and the said Court may thereupon (on the petitioner's giving sufficient security for costs), fix a time for hearing and adjudicating upon such petition, and give such directions and make such orders as the said Court may think just and the said Court may also make an order for restrainiri the alleged nuisance, obstructions or encroachment from being extended, or from being abated or removed by the said Collector, until after adjudication upon the said petition, or the dismissal thereof for want of prosecution.
### 3. Onus of proving right.
- Upon the hearing of every such petition, the onus of proving the alleged right shall be on the petitioner.
### 4. Limitation of time for petition.
- No person shall be allowed after the expiration of such period of one month, to present any such petition as aforesaid, unless on satisfactorily accounting to the said Court for the delay.
### 5. When Collector may cause removal of nuisances.
Form of warrant.
Indemnity.
It no such petition shall be presented within the said period of one month, or it the same be presented and determined against the right of the petitioner, or be dismissed for want of prosecution, it shall be lawful for the Collector to cause such abatement or removal as aforesaid by any person or persons to be authorised by warrant under his hand, and such warrant may be in the form No. 2 in the Schedule to this Act annexed, or to the like effect; and the said Collector, and any person acting under his warrant, shall not be answerable for any damage unavoidably occasioned in the removal of any such nuisance, obstruction or encroachment.
### 6. Power to sell materials of any encroachment.
- The said Collector may sell the materials of any encroachment or obstruction removed under this Act, and may apply the proceeds of sale in or towards payment of the expenses of the removal, and if any surplus shall remain, the same shall be forfeited, and be paid and applied in such manner as the [Central Government]
[The words 'Central Government' were substituted for the words 'Governor of Bombay in Council' by the Adaptation of Indian Laws Order in Council.]
shall direct.
### 7. Saving of rights of Crown.
- Nothing in this Act shall prejudice or affect the rights of [\* \* \* \*]
[The words 'the East India Company as trustees for' were repealed by the Repealing Act, 1870 (14 of 1870).]
the Crown in any part of the said harbour, or of the sea-shore of the said island, or preclude or interfere with any such proceedings civil or criminal, for abating such nuisances and encroachments as aforesaid, as might have been had if this Act had not been passed.
### 8. "High-water mark" defined.
- The words 'high-water mark' in this Act shall mean the ordinary line of high-water at monsoon tides.
Schedule
----------
Form No. 1
Notice is hereby given by the Collector of Land-revenue in Bombay, under Act No. XI of 1853, that (describe the encroachments) is to be removed or abated within one month from the date hereof; otherwise the same will be removed or abated by the said Collector under the authority of the said Act.
Dated the \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ day of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ in the year of our Lord
(Signature of Collector)
Form No. 2
This warrant, granted by the Collector of Land-revenue in Bombay, under Act No. XI of 1853 is to authorise \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to remove (describe encroachment).
(Signature of Collector)
Dated
|
65ba832aab84c7eca86ebd56 | acts |
Union of India - Act
----------------------
The Companies (Adjudication of Penalties) Rules, 2014
-------------------------------------------------------
UNION OF INDIA
India
The Companies (Adjudication of Penalties) Rules, 2014
=======================================================
Rule THE-COMPANIES-ADJUDICATION-OF-PENALTIES-RULES-2014 of 2014
-----------------------------------------------------------------
* Published on 31 March 2014
* Commenced on 31 March 2014
The Companies (Adjudication of Penalties) Rules, 2014
Published vide Notification No. G.S.R. 254 (E) , 31st March, 2014
Last Updated 23rd February, 2019
G.S.R. 254(E) . - In exercise of the powers conferred by section 454 read with section 469 of the Companies Act, 2013, the Central Government hereby makes the following rules, namely:-
### 1. Short title and commencement.
(1) These rules may be called the Companies (Adjudication of Penalties) Rules, 2014.
(2) They shall come into force on the 1st day of April, 2014.
### 2. Definitions.
(1) In these rules, unless the context otherwise requires, -
(a) "Act" means the Companies Act, 2013 (
18 of 2013
);
(b) "Annexure" means the Annexure enclosed to these Rules;
(c) "Fees" means fees as prescribed in the Companies (Registration Offices and Fees) Rules, 2014;
(d) "Form" or "e-Form" means a form set forth in Annexure to these rules which shall be used for the matter to which it relates;
(e) "Regional Director" means the person appointed by the Central Government in the Ministry of Corporate Affairs as a Regional Director;
(f) "section" means section of the Act;
(2) 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 in the said Rules.
### 3. [ Adjudication of penalties.
[Substituted by Notification No. G.S.R. 131(E) , dated 19.2.2019 (w.e.f. 31.3.2014).]
(1) The Central Government may appoint any of its officers, not below the rank of Registrar, as adjudicating officers for adjudging penalty under the provisions of the Act.
(2) Before adjudging penalty, the adjudicating officer shall issue a written notice in the specified manner, to the company, the officer who is in default or any other person, as the case may be, to show cause, within such period as may be specified in the notice (not being less than fifteen days and more than thirty days from the date of service thereon), why the penalty should not be imposed on it or him.
(3) Every notice issued under sub-rule (2), shall clearly indicate the nature of non-compliance or default under the Act alleged to have been committed or made by such company, officer in default, or any other person, as the case may be and also draw attention to the relevant penal provisions of the Act and the maximum penalty which can be imposed on the company, and each of the officers in default, or the other person.
(4) The reply to such notice shall be filed in electronic mode only within the period as specified in the notice :
Provided that the adjudicating officer may, for reasons to be recorded in writing, extend the period referred to above by a further period not exceeding fifteen days, if the company or officer in default or any person as the case may be, satisfies the adjudicating officer that it or he has sufficient cause for not responding to the notice within the stipulated period or the adjudicating officer has reason to believe that the company or the officer or the person has received a shorter notice and did not have reasonable time to give reply.
(5) If, after considering the reply submitted by such company, its officer, or any other person, as the case may be, the adjudicating officer is of the opinion that physical appearance is required, he shall issue a notice, within a period of ten working days from the date of receipt of reply fixing a date for the appearance of such company, through its authorised representative, or officer of such company, or any other person, whether personally or through his authorised representative :
Provided that if any person, to whom a notice is issued under sub-rule (2) , desires to make an oral representation, whether personally or through his authorised representative and has indicated the same while submitting his reply in electronic mode, the adjudicating officer shall allow such person to make such representation after fixing a date of appearance.
(6) On the date fixed for hearing and after giving a reasonable opportunity of being heard to the person concerned, the adjudicating officer may, subject to reasons to be recorded in writing, pass any order in writing as he thinks fit including an order for adjournment :
Provided that after hearing, adjudicating officer may require the concerned person to submit his reply in writing on certain other issues related to the notice under sub-rule (2) , relevant for determination of the default.
(7) The adjudicating officer shall pass an order, -
(a) within thirty days of the expiry of the period referred in sub-rule (2) or of such extended period as referred therein, where physical appearance was not required under sub-rule (5);
(b) within ninety days of the date of issue of notice under sub-rule (2), where any person appeared before the adjudicating officer under sub-rule (5):
Provided that in case an order is passed after the aforementioned duration, the reasons of the delay shall be recorded by the adjudicating officer and no such order shall be invalid merely because of its passing after the expiry of such thirty days or ninety days as the case may be.
(8) Every order of the adjudicating officer shall be duly dated and signed by him and shall clearly state the reasons for requiring the physical appearance under sub-rule (5).
(9) The adjudicating officer shall send a copy of the order passed by him to the concerned company, officer who is in default or any other person or all of them and to the Central Government and a copy of the order shall also be uploaded on the website.
(10) For the purposes of this rule, the adjudicating officer shall exercise the following powers, namely: -
(a) to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case after recording reasons in writing;
(b) to order for evidence or to produce any document, which in the opinion of the adjudicating officer, may be relevant to the subject matter.
(11) If any person fails to reply or neglects or refuses to appear as required under sub-rule (5) or sub-rule (10) before the adjudicating officer, the adjudicating officer may pass an order imposing the penalty, in the absence of such person after recording the reasons for doing so.
(12) While adjudging quantum of penalty, the adjudicating officer shall have due regard to the following factors, namely: -
(a) size of the company;
(b) nature of business carried on by the company;
(c) injury to public interest;
(d) nature of the default;
(e) repetition of the default;
(f) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default; and
(g) the amount of loss caused to an investor or group of investors or creditors as a result of the default:
Provided that, in no case, the penalty imposed shall be less than the minimum penalty prescribed, if any, under the relevant section of the Act.
(13) In case a fixed sum of penalty is provided for default of a provision, the adjudicating officer shall impose that fixed sum, in case of any default therein.
(14) Penalty shall be paid through Ministry of Corporate Affairs portal only.
(15) All sums realised by way of penalties under the Act shall be credited to the Consolidated Fund of India.
Explanation 1. - For the purposes of this rule, the term "specified manner" shall mean service of documents as specified under section 20 of the Act and rules made thereunder and details in respect of address (including electronic mail ID) provided in the KYC documents filed in the registry shall be used for communication under this rule.
Explanation 2. - For the purposes of this rule, it is hereby clarified that the requirement of submission of replies in electronic mode shall become mandatory after the creation of the e-adjudication platform.]
### 4. Appeal against the order of adjudicating officer.
(1) Every appeal against the order of the adjudicating officer shall be filed in writing with the Regional Director having jurisdiction in the matter within a period of sixty days from the date of receipt of the order of adjudicating officer by the aggrieved party, in Form ADJ setting forth the grounds of appeal and shall be accompanied by a certified copy of the order against which the appeal is sought:
Provided that where the party is represented by an authorised representative, a copy of such authorisation in favour of the representative and the written consent thereto by such authorised representative shall also be appended to the appeal:
Provided further that an appeal in Form ADJ shall not seek relief(s) therein against more than one order unless the reliefs prayed for are consequential.
(2) Every appeal filed under this rule shall be accompanied by such fee as provided in the Companies (Registration Offices and Fees) Rules, 2014.
### 5. Registration of appeal.
(1) On the receipt of an appeal, office of the Regional Director shall endorse the date on such appeal and shall sign such endorsement.
(2) If, on scrutiny, the appeal is found to be in order, it shall be duly registered and given a serial number:
Provided that where the appeal is found to be defective, the Regional Director may allow the appellant such time, not being less than fourteen days following the date of receipt of intimation by the appellant from the Regional Director about the nature of the defects, to rectify the defects and if the appellant fails to rectify such defects within the time period allowed as above, the Regional Director may by order and for reasons to be recorded in writing, decline to register such appeal and communicate such refusal to the appellant within a period of seven days thereof:
Provided further that the Regional Director may, for reasons to be recorded in writing, extend the period referred to in the first proviso above by a further period of fourteen days if an appellant satisfies the Regional Director that the appellant had sufficient cause for not rectifying the defects within the period of fourteen days referred to in the first proviso.
### 6. Disposal of appeal by Regional Director.
(1) On the admission of the appeal, the Regional Director shall serve a copy of appeal upon the adjudicating officer against whose order the appeal is sought along-with a notice requiring such adjudicating officer to file his reply thereto within such period, not exceeding twenty-one days, as may be stipulated by the Regional Director in the said notice:
Provided that the Regional Director may, for reasons to be recorded in writing, extend the period referred to in sub-rule (1) above for a further period of twenty-one days, if the adjudicating officer satisfies the Regional Director that he had sufficient cause for not being able to file his reply to the appeal within the above-said period of twenty-one days.
(2) A copy of every reply, application or written representation filed by the adjudicating officer before the Regional Director shall be forthwith served on the appellant by the adjudicating officer.
(3) The Regional Director shall notify the parties, the date of hearing of the appeal which shall not be a date earlier than thirty days following the date of such notification for hearing of the appeal.
(4) On the date fixed for hearing the Regional Director may, subject to the reasons to be recorded in writing, pass any order as he thinks fit including an order for adjournment of the hearing to a future date.
(5) In case the appellant or the adjudicating officer does not appear on the date fixed for hearing, the Regional Director may dispose of the appeal ex-parte:
Provided that where the appellant appears afterwards and satisfies the Regional Director that there was sufficient cause for his non-appearance, the Regional Director may make an order setting aside the ex-parte order and restore the appeal.
(6) Every order passed under this rule shall be dated and signed by the Regional Director.
(7) A certified copy of every order passed by the Regional Director shall be communicated to the adjudicating officer and to the appellant forthwith and to the Central Government.
Annexure
| | |
| --- | --- |
|
FORM NO.ADJ[Pursuant to Section 454(5) of the companies Act, 2013 and rule 4(1) of the Companies (Adjudication of Penalties) Rules, 2014]|
|
Memorandum of Appeal
|
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Form languageEnglishHindiRefer the instruction kit for filing the form.|-
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Before the Regional Director|-
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In the matter of the Companies Act, 2013|-
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And|-
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In the matter of appeal against the order made ob by| | |-
|
1.| \*Category of Appellant| |-
|
2.| \*Corporate identity number (CIN) or Foreign Company registration number (FCRN)| | |-
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3.| (a) Name of the Company| |-
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| (b) Address of the registered office or principal place of business in India|-
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| |-
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| (c) email id of the company| |-
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4.| Details of appellant|-
|
| (a) \*DIN/PAN/Passport number| | |-
|
| (b) \*Name| |-
|
| (c) Address \*Line I| |-
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| \*Line II
|
|-
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| (d) \*City| |-
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| (e) \*State| | (f) \*ISO Country Code| |-
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| (g) Country| |-
|
| (h) \*Pin Code| | | |-
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| (i) \*email id| |-
|
5.| Details of respondent|-
|
| (a) Adjudicating Officer| | |-
|
| Specify 'Others'| |-
|
| (b) Address| |-
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6.| \*Section under which penalty was imposed| |-
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7.| \*Penalty imposed (Amount in Rupees)| |-
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8.| \*Reason for Penalty|-
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| |-
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9.| Details of imprisonment (if any)|-
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| |-
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10.| Specify the relevant Form number (if any)| |-
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11.| SRN of the form specified above| |-
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12.| \*Synopsis of case|-
|
| |-
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13.| \*Grounds of appeal|-
|
| |-
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14.| \*Relief sought|-
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| |-
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15.| \*Interim relief sought (if any)|-
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| |-
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16.| \*Date of issuing certified copy of Penalty order|-
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17.| Due date by which the order has to be filed| |-
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18.| Delay in days| |-
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19.| Reason for delay in filing the order|-
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| |-
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20.| Details of the Condonation given (if any)|-
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| |-
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21.| \*Jurisdiction of Regional Director| |-
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The appellant declares that the subject matter of appeal falls within the jurisdiction of the Regional Director.|-
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Attachments|-
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|-
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1. \*Certified copy of the order against which appeal is sought;| |-
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2. Copy of authorization in favour of authorized representative;| |-
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3. Order of condonation of delay;| |-
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4. Optional attachment(s) , if any.| |-
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Declaration|-
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| I am authorized by the Board of Directors of the Company vide resolution numberDatedto sign this form and declare that all the requirements of The companies Act, 2013 and the rules made thereunder.|-
|
| I am filing this form in my individual capacity as Officer in default in the captioned matter and hereby certify that all the requirements of The Companies Act, 2013 and rules made there under have been complied within respect of subject matter of this form.|-
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| I also certify that all the information given hereinabove is ture, correct and complete including the attachments to this form and nothing material has been suppressed.|-
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| It is further declared that no other appeal, suit civil revision or any other legal proceedings is pending before any authority on the similar matter.|-
|
\*To be digitally signed by| |-
|
\*Designation| |-
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\*PAN of the Authorized representative; or DIN/PAN or passport number of the appellant; or DIN of the director; or DIN or PAN of the manager or CEO or CFO; or Membership number of the Company Secretary| |-
|
Note :Attention is also drawn to provisions of section 448 and 449 which provides for punishment for false statements and punishment for false evidence respectively.|-
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| | | | |-
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|-
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For office use only :| |-
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eForm Service request number (SRN) | | eForm filing date| (DD/MM/YYYY)|-
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Digital Signature of the authorising officer|-
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This e-Form is hereby approved| | |-
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This e-Form is hereby rejected| |-
|
Date of signing| | (DD/MM/YYYY)
|
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65b924fcab84c7eca86e86ae | acts |
State of Uttar Pradesh - Act
------------------------------
U.P. Jail Ministerial and Commercial Service Rules, 1983
----------------------------------------------------------
UTTAR PRADESH
India
U.P. Jail Ministerial and Commercial Service Rules, 1983
==========================================================
Rule U-P-JAIL-MINISTERIAL-AND-COMMERCIAL-SERVICE-RULES-1983 of 1983
---------------------------------------------------------------------
* Published on 8 February 1983
* Commenced on 8 February 1983
U.P. Jail Ministerial and Commercial Service Rules, 1983
Published vide Notification No. 1522/22-82-1366-61, dated 8th February, 1983 and published in the U.P. Gazette, Part 4, Section (Ka) , dated 8th February, 1983
In exercise of the powers conferred by the provision to Article 309 of the Constitution and in supersession of all existing rules and orders on the subject, the Governor is pleased to make the following rules regulating recruitment and condition of Service of persons appointed to the Uttar Pradesh Jail Ministerial and Commercial Service :
Part I – General
------------------
### 1. Short title and commencement.
(1) These Rules may be called the Uttar Pradesh Jail Ministerial and Commercial Service Rules, 1983.
(2) They shall come into force at once.
### 2. Status of the Service.
- The Uttar Pradesh Jail Ministerial and Commercial Service is a non-gazetted service comprising of Group 'C' posts.
### 3. Definitions.
- In these rules, unless there is anything repugnant in the subject or context,-
(a) "Appointing authority" means the Inspector-General of Prisons, Uttar Pradesh;
(b) "Citizen of India" means a person who is or is deemed to be a citizen of India under Part II of the Constitution;
(c) "Constitution" means the Constitution of India;
(d) "Government" means the State Government of Uttar Pradesh;
(e) "Governor" means the Governor of Uttar Pradesh;
(f) "Member of the Service" means a person substantively appointed under these rules or the rules or orders in force prior to the commencement of these rules, to a post in the cadre of the Service;
(g) "Service" means the Uttar Pradesh Jail Ministerial and Commercial Service;
(h) "Substantive appointment" means an appointment, not being an ad hoc appointment, on a post in the cadre of the Service made after selection in accordance with the rules, and if there are no rules, in accordance with the procedure prescribed for the time being by executive instructions issued by the Government;
(i) "Year of recruitment" means a period of twelve months commencing from the first day of July of calendar year.
Part II – Cadre
-----------------
### 4. Cadre of Service.
(1) The strength of the Service and of each category of posts therein shall be such as may be determined by the Governor from time to time.
(2) The strength of the Service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (1), be as given in Appendix 'A':
Provided that-
(i) the appointing authority may leave unfilled or the Governor may hold in abeyance any vacant post, without thereby entitling any person to compensation;
(ii) the Governor may create such additional permanent or temporary posts as he may consider proper.
Part III – Recruitment
------------------------
### 5. Sources of recruitment.
- Recruitment to the various categories of posts in the Service shall be made from the following sources :
A-Office of the Inspector-General of Prisons
### 1. Superintendent, Grade-I.-By promotion from amongst the permanent Superintendents, Grade-II. ###
2. Superintendent, Grade-II.-By promotion from amongst the permanent Senior Assistants.
### 3. Senior Assistant.-By promotion from amongst the permanent senior clerks. ###
4. Senior clerk.-By promotion from amongst the permanent junior clerks.
### 5. Junior clerk: (i) 90 per cent of the vacancies by direct recruitment. ###
6.
Typist : (ii) 10 per cent of the vacancies by promotion from amongst Group 'D' employees.
### 7. Stenographer, Grade-I.-By promotion from amongst the permanent Stenographers, Grade-II.
### 8. Stenographer, Grade-II.-(i) One post by promotion from amongst the permanent Stenographers, Grade-Ill; provided that if suitable Stenographer, Grade-Ill is not available for promotion the post may be filled by direct recruitments.
(ii) Remaining posts by direct recruitment.
### 9. Stenographer, Grade-III.-By direct recruitment.
### 10. Senior Auditor.-By promotion from amongst permanent auditors :
Provided that if a suitable candidate for the post of Senior Auditor is not available a candidate may be obtained on transfer from the Local Fund Accounts, U.P., for a 5 year term.
### 11. Auditor.-By direct recruitment.
B-Other Jail Staff
### 1. Stenographer, Grade-III.-By direct recruitment. ###
2. Senior Assistant.-By promotion from amongst the permanent senior clerks.
### 3. Senior clerk.-By promotion from amongst the permanent junior clerks and typists. ###
4. Junior clerk.-By direct recruitment.
### 5. Typist.-By direct recruitment. ###
6. Accounts clerk.-By direct recruitment.
C-Jails Depot, Lucknow
### 1. Manager, Jail's Depot.-By promotion from amongst the permanent salesman; provided that if suitable salesman is not available for promotion the post may be filled up by direct recruitment. ###
2. Salesman.
### 3. Clerk Cum-Store Keeper.-By direct recruitment. ###
6. Reservation.
- Reservation for the candidates belonging to Scheduled Caste, Scheduled Tribes and other categories shall be in accordance with the orders of the Government in force at the time of recruitment.
Part IV – Qualifications
--------------------------
### 7. Nationality. - A candidate for direct recruitment to a post in the Service must be-
(a) a citizen of India; or
(b) a Tibetan refugee who came over to India before January 1, 1962 with the intention of permanently settling in India; or
(c) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka or any of the East African countries of Kenya, Uganda and the United Republic of Tanzania (Formerly Tanganyka and Zanzibar) with the intention of permanently settling in India :
Provided that a candidate belonging to category (b) or (c) above must be a person in whose favour a certificate of eligibility has been issued by the State Government:
Provided further that a candidate belonging to category (b) will also be required to obtain a certificate of eligibility granted by the Deputy Inspector-General of Police, Intelligence Branch, Uttar Pradesh :
Provided also that if a candidate belongs to category (c) above, no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in Service beyond a period of one year shall be subject to his acquiring Indian citizenship.
Note.-A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused may be admitted to an examination or interview and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favour.
### 8. Academic qualifications. - A candidate for direct recruitment to the various posts in the Service must possess the following qualifications :
Auditor:
(1) Bachelor's Degree from any recognized University.
(2) Working knowledge of Hindi in Devnagri script.
(3) Preferential.-Due weight will be given for any technical qualification possessed by the candidate.
Jail Accounts Clerk :
(1) Bachelar's Degree in Commerce from a recognized University.
(2) Working knowledge of Hindi in Devnagri script.
Salesman-Jails Depot :
(1) Must have passed the Intermediate examination of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognized by the Government as equivalent thereto.
(2) Atleast three years' experience of sales work in a firm or a Government Department.
(3) Working knowledge of Hindi in Devnagri script.
Stenographer, Grades II and III :
(1) Must have passed the Intermediate Examination of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognized by the Government as equivalent thereto.
(2) Minimum speed of 80 and 30 words per minute in Hindi Shorthand and typewriting respectively.
(3) Working knowledge of Hindi in Devnagri script.
(4) Other things being equal, preference will be given to persons having knowledge of English Shorthand and typewriting also.
Junior clerk, clerk-cum-store-keeper and typist:
Must possess the educational qualification as prescribed in the Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1975 as amended from time to time.
### 9. Preferential qualifications. - A candidate who has-
(i) served in the Territorial Army for a minimum period of two years, or
(ii) obtained a 'B' certificate of National Cadet Corps.
shall, other things being equal, be given preference in the matter of direct recruitment.
### 10. Age. (1) A candidate for direct recruitment to a post of Junior Clerk and typist in the Office of Inspector-General, Clerk-cum-Store-keeper and Salesman, Jails Depot, Clerk and Typist of District Jail Staff must be within the age limit prescribed in the Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1975.
(2) A candidate for direct recruitment to the remaining posts must have attained the age of 21 years and must not have attained the age of more than 28 years on January 1 of the year in which recruitment is to be made, if the posts are advertised during the period January 1 to June 30 and on July 1, if the posts are advertised during the period July 1 to December 31 :
Provided that the upper age-limit in the case of candidate belonging to Scheduled Caste, Scheduled Tribes and such categories as may be notified by the Government from time to time shall be greater by such number of years as may be specified.
### 11. Character. - The character of a candidate for direct recruitment to a post in the Service must be such as to render him suitable in all respects for employment in Government service. The appointing authority shall satisfy itself on this point.
Note.-Persons dismissed by the Union Government or a State Government or a Local Authority or by a Corporation or body owned or controlled by the Union Government or a State Government shall be ineligible for appointment to any post in the Service. Persons convicted of an offence involving moral turpitude shall also be ineligible.
### 12. Marital status.
- A male candidate who has more than one wife living or a female candidate who has married a man already having a wife living shall not be eligible for appointment to a post in the Service :
Provided that the Government may, if satisfied that there exist special grounds for doing so, exempt any person from the operation of this rule.
### 13. Physical fitness.
- No candidate shall be appointed to a post in the Service unless he be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment he shall be required to produce a Medical Certificate of fitness in accordance with the rules framed under Fundamental Rule 10 contained in Chapter III of the Fundamental Handbook, Volume II, Part III:
Provided that a medical-certificate of fitness shall not be required from a candidate recruited by promotion.
Part V – Procedure for Recruitment
------------------------------------
### 14. Determination of vacancies.
- The appointing authority shall determine and notify to the Employment Exchange, in accordance with the Rules and Orders for the time being in force the number of vacancies to be filled during the course of the year by direct recruitment as also the number of vacancies to be reserved for candidates belonging to the Scheduled Caste, Scheduled Tribes and other categories under Rule 6.
### 15. Procedure for direct recruitment.
(1) For the purpose of direct recruitment, there shall be constituted a selection committee comprising-
(i) The Inspector-General of Prisons.
(ii) The Additional or Deputy Inspector-General of Prisons nominated by the Inspector-General of Prisons.
(iii) The Senior Finance and Accounts Officer of the Office of Inspector-General of Prisons in case of Selection of Jail Accounts Clerks, Senior Auditor and Auditors and Superintendent of Central Prisons, to be nominated by the Inspector-General of Prisons in case of other posts.
(2) The Selection Committee shall scrutinize applications and require the eligible candidates for the posts of Stenographer, Jail Account's Clerk, Auditor, Junior Clerk, Typist, Clerk-cum-Store-keeper, Manager, Jail's Depot, and Salesman, Jail's Depot to appear in a competitive examination.
Note.-The syllabus and procedure for competitive examination is given in Appendix 'B'.
(3) After the marks obtained by the candidate in the written test have been tabulated, the selection committee shall, having regard to the need for securing the representation of the candidates belonging to Scheduled Castes, Scheduled Tribes and other categories in accordance with Rule 6, call for interview such number of candidates-as, on the result of the written examination, have come up to the standard fixed by the committee in this respect. The marks awarded to each candidate in the interview shall be added to the marks obtained by him in the written test.
(4) The Selection Committee shall prepare a list of candidates in order of merit, as disclosed by aggregate of marks obtained by them in the written test and interview. If two or more candidates obtain equal marks, the candidate obtaining higher marks in the written test shall be placed higher.
(5) Recruitment to the post of junior clerk and typist shall be in accordance with the procedure laid down in the Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1975 as amended from time to time.
### 16. Procedure for direct recruitment to the post of junior clerks and typist.
(1) Recruitment by promotion shall be made on the basis of seniority subject to rejection of the unfit through the Selection Committee constituted under Rule 15.
(2) The appointing authority shall prepare an eligibility list of the candidates, arranged in order to seniority, and place it before the selection committee along with their character rolls and such other record pertaining to them, as may be considered proper.
(3) The Selection Committee shall consider the case of candidates on the basis of the records referred to in sub-rule (2) and if it considers necessary, it may interview the candidates also.
(4) The Selection Committee shall prepare a list of selected candidates arranged in order of seniority and forward the same to the appointing authority.
### 17. Combined Select List.
- If in any year of recruitment appointments are made both by direct recruitment and by promotion, a combined select list shall be prepared by taking the names of candidates from the relevant lists, in such manner that the prescribed percentage is maintained, the first name in the list being of the person appointed by promotion.
Part VI – Appointment, Probation, Confirmation, Seniority and Grant of Selection Grade
----------------------------------------------------------------------------------------
### 18. Appointment.
(1) Subject to the provisions of sub-rule (2) the appointing authority shall make appointments by taking the names of candidates in the order in which they stand in the lists prepared under Rule 15, 16 or 17 as the case may be.
(2) Where in any year of recruitment, appointments are to be made both by direct recruitment and by promotion, regular appointments shall not be made unless selections are made from both the sources and a combined list is prepared in accordance with Rule 17.
(3) If more than one orders of appointment are issued in respect of any one selection, a combined order shall also be issued, mentioning the names of the persons in order of seniority as determined in the selection or, as the case may be, as it stood in the cadre from which they are promoted. If the appointments are made both by direct recruitment and by promotion, names shall be arranged in accordance with the list prepared under Rule 17.
(4) The appointing authority may make appointment in temporary or officiating capacity also from the list, referred to in sub-rule (1). If no candidate borne or these lists is available, he may make appointments in such vacancies from amongst persons eligible for appointment under these rules. Such appointment shall not last for a period exceeding one year or beyond the next selection under these rules, whichever be earlier.
(5) Appointments in the selection grade shall be made by the appointing authority on the basis of seniority subject to rejection of the unfit in consultation with the Selection Committee constituted under Rule 15.
### 19. Probation.
(1) A person on appointment to a post in the Service for against a permanent vacancy shall be placed on probation for a period of two years.
(2) The appointing authority may, for reasons to be recorded, extend the period of probation in individual cases specifying the date up to which the extension is granted:
Provided that save in exceptional circumstances the period of probation shall not be extended beyond one year and in no circumstances beyond two years.
(3) If it appears to the appointing authority at any time during or at the end of the period of probation or extended period of probation that a probationer has not made sufficient use of his opportunities or has otherwise failed to give satisfaction he may be reverted to his substantive post, if any, and if he does not hold a lien on any post his services may be dispensed with.
(4) A probationer who is reverted or whose services are dispensed with under sub-rule (3) shall not be entitled to any compensation.
(5) The appointing authority may allow continuous service, rendered in an officiating or temporary capacity in a post included in the cadre or any other equivalent or higher post, to be taken into account for the purpose of computing the period of probation.
### 20. Confirmation.
- A probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation, if-
(a) his work and conduct are reported to be satisfactory,
(b) his integrity is certified, and
(c) the appointing authority is satisfied that he is otherwise fit for confirmation.
### 21. Seniority.
(1) Except as hereinafter provided, the seniority of persons in any category of post shall be determined from the date of the order of substantive appointment and if two or more persons are appointed together by the order in which their names are arranged in the appointment order :
Provided that if the appointment order specifies a particular back date with effect from which a person is substantively appointed, that date will be deemed to be the date of order of substantive appointment and, in other cases it will mean the date of issue of the order :
Provided further that, if more than one orders of appointment are issued in respect of any one selection the seniority shall be as mentioned in the combined order of appointment issued under sub-rule (3) of Rule 18.
(2) The seniority inter se of persons appointed directly on the result of anyone selection, shall be the same as determined by the selection committee :
Provided that a candidate recruited directly may lose his seniority if he fails to join without valid reasons when vacancy is offered to him. The decision of the appointing authority as to the validity of reasons shall be final.
(3) The seniority inter se of persons appointed by promotion shall be the same as it was in the cadre from which they were promoted.
(4) Where appointments are made both by promotion and direct recruitment or from more than one source and the respective quota of the sources is prescribed, the inter se seniority shall be determined by arranging the names in a combined list in accordance with Rule 17 in such manner that the prescribed percentage is maintained.
Part VII – Pay Etc.
---------------------
### 22. Scale of pay.
(1) The scales of pay admissible to persons appointed to the various categories of posts in Service, whether in a substantive or officiating capacity or as a temporary measure shall be such as may be determined by the Government from time to time.
(2) The scale of [pay]
[See now Revised Pay Scale.]
at the time of the commencement of these rules are given as follows :
A. Office of the Inspector-General of Prisons, U.P.
| | | | |
| --- | --- | --- | --- |
|
|
Name of Post
|
|
Scale of Pay
|
|
1.
|
Superintendent Grade I
|
...
|
625-30-835-E.B.-30-925-35-1,065-E.B.-35-1,240-E.B.-40-1,360.
|
|
2.
|
Superintendent Grade II
|
...
|
570-25-770-E.B.-30-980-E.B.-30-1,100.
|
|
3.
|
Senior Assistant
|
...
|
515-15-590-18-626-E.B.-18-680-20-780-E.B.-20-860.
|
|
4.
|
Senior Clerk
|
...
|
430-12-490-15-520-E.B.-15-640-E.B.-15-685.
|
|
5.
|
Junior Clerk
|
...
|
354-10-424-E.B.-10-451-12-514-E.B.-12-550.
|
|
6.
|
Typist
|
...
|
354-10-424-E.B.-10-454-12-514-E.B.-12-550.
|
|
7.
|
Stenographer Grade-I
|
...
|
570-25-770-E.B.-10-980-E.B.-30-1,100.
|
|
8.
|
Stenographer Grade-II
|
...
|
515-15-590-51-626-E.B.-18-680-20-780-E.B.-20-860.
|
|
9.
|
Stenographer Grade-III
|
...
|
470-15-575-E.B.-15-650-17-701-E.B.-17-735.
|
|
10.
|
Senior Auditor
|
...
|
570-25-770-E.B.-30-980-E.B.-30-1,100.
|
|
11.
|
Auditor
|
...
|
470-15-575-E.B.-15-650-17-701-E.B.-17-735.
|
B. Other Jail Staff
| | | | |
| --- | --- | --- | --- |
|
|
Name of Post
|
|
Scale of Pay
|
|
1.
|
Stenographer Grade III
|
...
|
70-15-575-E.B.-15-650-17- 701-E.B.-17-735.
|
|
2.
|
Senior Assistant
|
...
|
470-15-575-E.B.-15-650-17- 701-E.B.-17-735.
|
|
3.
|
Senior Clerk
|
...
|
430-12-490-15-520-E.B.-15- 640-E.B.-15-685.
|
|
4.
|
Junior Clerk
|
}
|
354-10-424-E.B.-10-454-12-514-E.B.-12-550.
|
|
5.
|
Typist
|
|
6.
|
Account's Clerk
|
...
|
430-12-490-15-520-E.B.-15-640-E.B.-15-685.
|
C. Jails Depot, Lucknow
| | | | |
| --- | --- | --- | --- |
|
|
Name of Post
|
|
Scale of Pay
|
|
1.
|
Manager, Jail's Depot
|
...
|
515-15-590-18-626-E.B.-18- 680-20-780-E.B.-20-860.
|
|
2.
|
Salesman
|
}
|
354-10-424-E.B.-10-454-12-514-E.B.-12-550.
|
|
3.
|
Clerk-cum-Store-Keeper
|
### 23. Pay during probation.
(1) Notwithstanding any provision in the Fundamental Rules, to the contrary, a person on probation if he is not already in permanent Government service, shall be allowed first increment in the time-scale when he has completed one year of satisfactory Service, has passed departmental examination and undergone training, where prescribed, and second increment after two years' Service when he has completed the probationary period and is also confirmed :
Provided that if the period of probation is extended on account of failure to give satisfaction such extension shall not count for increment unless the appointing authority directs otherwise.
(2) The pay during probation of person who was already holding a post under the Government, shall be regulated by the relevant Fundamental Rules :
Provided that, if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the appointing authority directs otherwise.
(3) The pay during probation of a person already in permanent Government service shall be regulated by the relevant rules, applicable to Government servant generally serving in connection with the affairs of the State.
### 24. Criteria for Crossing Efficiency Bar.
(1) No Office Superintendent shall be allowed to cross the efficiency bar unless he has exercised effective supervision and by his knowledge of rules and regulations has shown his usefulness to the Department and unless his integrity is certified.
(2) No Stenographer, Grade-I shall be allowed to cross the efficiency bar unless by his efficiency he has shown his usefulness to the Department, his conduct is found to be satisfactory and unless his integrity is certified.
(3) No Manager, Jail Depot shall be allowed to cross the efficiency bar unless with his knowledge of rules and regulations pertaining to his work and his efficiency he has given complete satisfaction and has made determined efforts to increase the sales of Jails Depot and his integrity is certified.
(4) No Superintendent, Grade-II, Senior Assistant, Senior Clerk, Senior Auditor, Auditor, shall be allowed to cross-
(i) The first efficiency bar unless by his knowledge of rules and by his efficiency his work and conduct have been found to be satisfactory and his integrity is certified.
(ii) the second efficiency bar unless he has shown marked improvement in his efficiency and has exercised effective supervision (in case of persons holding the post of Superintendent, Grade II) and unless his conduct is found satisfactory and integrity is certified.
(5) No Stenographers, Grade-II and III and typist will be allowed to cross-
(i) the first efficiency bar unless by his efficiency his work and conduct are found to be satisfactory and unless his integrity is certified,
(ii) the second efficiency bar unless he has shown marked improvement in his efficiency bar unless his integrity is certified.
(6) (i)
No person holding a post other than the posts covered by sub-rules (1) to (5) shall be allowed to first efficiency bar unless his work and conduct are found to be satisfactory and unless his integrity is certified, and
(ii) The second efficiency bar unless he has worked diligently and to the best of his ability, his work and conduct are found to be satisfactory and unless his integrity is certified.
Part VIII – Other Provisions
------------------------------
### 25. Canvassing.
- No recommendations, either written or oral, other than those required under the rules applicable to the post or Service will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment.
### 26. Regulation of other matters.
- In regard to the matter not specifically covered by these rules or special orders, persons appointed to the Service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State.
### 27. Relaxation in the Conditions of Service.
- Where the State Government is satisfied that the operation of any rule regulating the Conditions of Service of person appointed to the Service causes undue hardship in any particular case, it may, notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirements of that rule to such extent and subject to such condition as it may consider necessary for dealing with the case in a just and equitable manner.
### 28. Saving.
- Nothing in these rules shall affect reservations and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other special categories of persons in accordance with the orders of the Government issued from time to time in this regard.
Appendix 'A'
[See Rule 14 (2) ]
A. Office of the Inspector-General of Prisons
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
|
|
|
Permanent
|
Temporary
|
Total
|
|
1.
|
Superintendent, Grade-I
|
...
|
2
|
...
|
2
|
|
2.
|
Superintendent, Grade-II
|
...
|
6
|
...
|
6
|
|
3.
|
Senior Assistant
|
...
|
19
|
8
|
27
|
|
4.
|
Senior Clerk
|
...
|
18
|
6
|
24
|
|
5.
|
Junior Clerk
|
...
|
37
|
2
|
39
|
|
6.
|
Typist
|
...
|
...
|
2
|
2
|
|
7.
|
Stenographer, Grade-I
|
...
|
1
|
...
|
1
|
|
8.
|
Stenographer, Grade-II
|
...
|
6
|
...
|
6
|
|
9.
|
Stenographer, Grade-III
|
...
|
1
|
...
|
1
|
|
10.
|
Senior Auditor
|
...
|
2
|
1
|
3
|
|
11.
|
Auditor
|
...
|
1
|
2
|
3
|
|
B. Other Jail Staff
|
|
1.
|
Stenographer, Grade-III
|
...
|
...
|
7
|
7
|
|
2.
|
Senior Assistant
|
...
|
...
|
5
|
5
|
|
3.
|
Senior Clerk
|
...
|
...
|
51
|
51
|
|
4.
|
Junior Clerk
|
...
|
...
|
42
|
42
|
|
5.
|
Typist
|
...
|
...
|
43
|
43
|
|
6.
|
Account's Clerk
|
...
|
26
|
28
|
54
|
|
C. Jails Depot, Lucknow
|
|
1.
|
Manager
|
...
|
1
|
...
|
1
|
|
2.
|
Salesman, Jails Depot
|
...
|
1
|
...
|
1
|
|
3.
|
Clerk-cum-Store-keeper
|
...
|
1
|
...
|
1
|
Appendix 'B'
[See Rule 12 (2) ]
Syllabus for the competitive test
The subject for the competitive test for recruitment to the various posts and the maximum marks allotted for each subject shall be as follows :
A. Jail Accounts Clerk
| | | |
| --- | --- | --- |
|
|
Subjects
|
Maximum Marks
|
|
1.
|
General Hindi
|
...
|
...
|
...
|
100
|
|
2.
|
Arithmetic
|
...
|
...
|
...
|
100
|
|
3.
|
Book-keeping and Accountancy
|
...
|
...
|
...
|
100
|
|
4.
|
Personality Test (Interview) |
...
|
...
|
...
|
50
|
|
B. Auditor
|
|
1.
|
General Hindi (including Essay)
|
...
|
...
|
...
|
100
|
|
2.
|
General English
|
...
|
...
|
...
|
100
|
|
3.
|
General Principles of Accounts and Audit
|
...
|
...
|
...
|
100
|
|
4.
|
General Knowledge
|
...
|
...
|
...
|
100
|
|
5.
|
Personality Test (Interview) |
...
|
...
|
...
|
50
|
|
C. Salesman, Government Jail's Depot
|
|
1.
|
General Hindi
|
...
|
...
|
...
|
100
|
|
2.
|
Arithmetic
|
...
|
...
|
...
|
100
|
|
3.
|
General Knowledge
|
...
|
...
|
...
|
100
|
|
4.
|
Personality Test (Interview) |
...
|
...
|
...
|
50
|
D. Syllabus for recruitment to the post of Stenographer
The examination will consist of-
(a) A test in Hindi and English stenography.-A passage of five minutes duration in either case will be dictated at a speed of 80 words per minute. Candidates will be required to transcribe the result on a typewriter, for which they will be allowed one hour in each case. Maximum marks in Hindi and English stenography will be 150 and 50 respectively.
The passage will be selected with a view to testing not only the speed in stenography but also knowledge of idiomatic language.
No candidate will be considered to have qualified for employment if percentage of errors exceeds five, provided that the selection committee may, at their discretion, relax the tolerance of errors by not exceeding 3 per cent.
(b) Hindi and English composition.-Candidates will be required to write a short essay or letter in Hindi Devanagri Script and English respectively on a subject of general interest. The paper will be of one hour's duration in each case. Maximum marks will be 100 in each case. No candidate shall be deemed to have qualified for employment unless he can secure atleast 40 percentage marks.
Note.-For recruitment to the Permanent/Temporary posts, candidates will be required to pass atleast in Hindi Stenography completely and to obtain not less than 60 per cent marks in English Stenography. Preference will, however, be given to those who pass in both the languages. Candidates appointed on permanent posts, will, however, not be confirmed and those appointed on temporary posts will not be allowed to cross the efficiency bar which they are required to cross immediately after joining the post until they have passed in the English stenography as well in a subsequent test to be held by the Selection Committee.
|
65b9c108ab84c7eca86e9dfd | acts |
State of Rajasthan - Act
--------------------------
The Rajasthan Warehouses Rules, 1960
--------------------------------------
RAJASTHAN
India
The Rajasthan Warehouses Rules, 1960
======================================
Rule THE-RAJASTHAN-WAREHOUSES-RULES-1960 of 1960
--------------------------------------------------
* Published on 30 November 1960
* Commenced on 30 November 1960
The Rajasthan Warehouses Rules, 1960
Published vide Notification No. F. 17(164) Coop/58, dated 30-11-1960, Published in Rajasthan Gazette, Part 4-C, dated 2-2-1961
In exercise of the powers conferred by section 34 of the Rajasthan Warehouses Act, 1958 (
48 of 1958
) the State Government hereby makes the following rules, the same having been previously published as required by sub-section (3) of the said section of the said Act.
I. Preliminary
### 1. Short title.
- These rules may be called the Rajasthan Warehouses Rules, 1960.
### 2. Definitions.
- In these rules, unless there is anything repugnant in the subject or context:-
(1) "Act" means the Rajasthan Warehouses Act, 1958;
(2) "Form" means a form appended to these rules;
(3) "Non-negotiable receipt" means a receipt in which it is stated that the goods therein specified will be delivered to the person who tendered the goods to the warehouseman for storing in the warehouse;
(4) "Prescribed Authority" means the Registrar, Co-operative Societies, appointed under the Rajasthan Co-operative Societies Act, 1953 within the limits of his jurisdiction;
(5) "Section" means a section of the Act;
(6) "Year" means the calendar year commencing from the first day of January;
(7) "Weigher" means a person licensed under the Act to weigh goods and issue a certificate of the weight;
(8) "Classified" means a person licensed under the Act to classify the goods according to grade or otherwise and issue a certificate;
(9) "Sampler" means a person licensed under the Act to sample the goods and issue a certificate thereof;
(10) "Standard Weight" means weight according to the standard prevalent in the State.
II. Licences
### 3. Application for licence.
(1) Applications for obtaining a licence under section 4 and for its renewal under section 6 shall be made to the prescribed authority in Form No. 1 and applications for issue a duplicate licence in Form No. 2. The application shall be signed by the applicant and he shall be bound to supply such additional information as may be required by the prescribed authority for the purpose of section 5.
### 2. The application for licence for the first time shall be made at any time but that for renewal thereof shall be made every year atleast one month prior to the commencement of the year for which it is required and shall be accompanied by the fee laid down in rule 4 or 8 as the case may be. ###
3. A person desiring to conduct the business of a warehouseman in more than one village or town shall submit separate applications for licences in respect of his business in each such village or town. In case he has more than one place of business in the same village or town, he may apply for only licence in respect of all such places of business provided he specifies which of them will be his principal place of business.
### 4. Scale of fee for grant of licence.
- The scale of annual fees prescribed for grant of a licence under sub-section (2) of section 4 to a warehouseman for the conduct of his business shall be as under:-
(a) Warehouse having a storage capacity up to 25,000 cubic feet Rs. 50/-.
(b) For every additional 25,000 cubic feet storage capacity or fraction thereof Rs. 50/-.
### 5. Terms of licence.
- A licence under sub-section (2) of section 4 shall be granted in Form No. 3 subject to the following conditions:-
(1) Every warehouseman shall have and maintain in respect of each warehouse for which the application for a licence has been made, net assets liable for the payment of any indebtedness arising from the conduct of the warehouse to the extent of atleast Rs. 50 per 100 cubic feet storage capacity of the licenced warehouse. The said limit may be reduced by the prescribed authority in the case of the Central Warehousing Corporation, Rajasthan State Warehousing Corporation or any other Marketing Co-operative Society registered under the Rajasthan Co-operative Societies Act. Such assets may also consist of movable or immovable property of the required valuation. In case buildings, machinery or merchandise are included among such assets, the warehouseman shall keep them insured against loss or damage by fire with a company or companies approved by the prescribed authority.
(2) Immediately upon receipt of his licence the Warehouseman shall post the same and keep it posted until suspended or revoked, in a conspicuous place in the principal office where receipts issued of such warehouseman are delivered to depositors.
(3) Whenever any of the conditions mentioned in clauses (c) and (e) of section 8 shall come into existence, it shall be the duty of the warehouseman to notify immediately to the authority granting the licence.
(4) Every warehouseman shall permit the prescribed authority or any officer deputed by him to inspect or examine a warehouse licensed under the Act, to enter and inspect or examine on any business day, during the usual hours of business, any warehouse for the conduct of which such warehouseman holds a licence, the office thereof, the books, records papers and accounts relating thereto and the contents thereof and such warehouseman shall furnish such officer the assistance necessary to enable him to make the inspection or examination.
### 6. Period of licence.
- A licence shall be valid with effect from the date on which it is granted for the period ending 31st December following.
### 7. Security.
- Every warehouseman shall at the time of the application for licence either:-
(a) furnish to the prescribed authority security deposit in cash or public securities assessed at the rate of Rs. 25/- per 100 cubic feet of the storage capacity subject to a minimum of Rs. 3000/- and execute a bond in Form No. 4 for the observance of the conditions and obligations arising out of his business as warehouseman, or
(b) execute a bond with two sureties to the satisfaction of the prescribed authority for a like amount in case where the surety is a company and the prescribed authority is satisfied, there may be only one surety,
(c) the prescribed authority may waive the condition of sub- sections (a) and (b) or reduce the security amount in case of the Central Warehousing Corporation, the Rajasthan State Warehousing Corporation or any Marketing Society registered under the Rajasthan Cooperative Societies Act.
### 8. Fee for renewal and issue of duplicate licence.
- The fee for renewal of a licence under section 6 shall be the same as that laid down in rule 4 and the fee for issue of a duplicate licence under section 11 shall be Rs. 5/-.
### 9. Renewal and issue of duplicate licence.
- The conditions for renewal of a licence and issue of a duplicate licence shall be the same as those prescribed for grant of a licence.
### 10. Publication of the grant, suspension and revocation of licence and list of warehouseman and their warehouses.
- The names and location of warehouses and the names and addresses of warehouseman licensed under the Act as on the 1st day of January every year shall be published in the Rajasthan Rajpatra before the 15th of February of the same year. Subsequent suspension or revocation of the licence shall also be published in the Rajasthan Rajpatra.
III. Deposit and Maintenance of Goods etc.
### 11. Application for deposit and delivery of goods to warehouseman.
- The application for deposit of goods shall be made to a warehouseman in Form No. 5 and the application for delivery of goods shall be made in Form No. 6.
### 12. Receipts.
- Receipts shall be in Form No. 7 and shall specify the following particulars:-
(i) The period for which the goods are accepted for storage;
(ii) Particulars showing the ownership of, and liens mortgages or other encumbrances on, the goods covered by the receipt;
(iii) The grade, class or quality of goods.
### 13. Condition for storage.
(1) Tender for storage - (a) All goods for storage shall be delivered at the warehouse property marked and packed for handling. The depositor shall furnish at or prior to such delivery a manifest showing marks, brands or sizes to be kept and accounted for separately and the class of storage desired; otherwise the goods may be stored in bulk or assorted lots at the discretion of the warehouseman and will be charged for accordingly.
(b) The word "lot" as used herein means the unit or units of goods for which a separate account is to be kept by the warehouseman. Delivery of all or any units of a lot shall be made without subsequent sorting except by special arrangement and subject to a charge.
(c) The warehouseman undertakes to store and deliver goods only in the packages in which they are originally received, unless otherwise provided by arrangement in writing between the depositor and the warehouseman.
(2) Storage Charge. - (a) Unless otherwise provided all goods will be stored and all charges including storage and insurance charges shall be made on a month to month basis.
(b) (i)
If the warehouseman after a reasonable effort is unable to sell the goods, he may dispose them of in any manner he may think fit, and shall incur no liability by reason thereof.
(ii) The warehouseman shall from the proceeds of any sale made pursuant to this Rule satisfy his lien and shall hold the balance in trust for the holder of the receipts.
(3) Delivery requirements. - (a) Instructions for delivery or transfer of goods shall always be in writing and signed by the depositor or his authorised agent.
(b) When a negotiable receipt has been issued on goods covered by that receipt shall be delivered unless the receipt properly endorsed is surrendered for cancellation or for endorsement of partial delivery therein.
(c) Should a negotiable receipt be lost or destroyed, goods covered by it shall not be delivered until the person lawfully entitled to possession of goods obtains and surrenders a duplicate receipt. The duplicate will be issued on such terms and conditions and on furnishing a bond to indemnity a warehouseman against any liability as provided under the Act and the Rules.
(4) Liability. - (a) The Warehouseman undertakes to exercise reasonable care and diligence required by the law for keeping the goods.
(b) The warehouseman's liability is limited to the value of goods on the date of deposit.
(c) Perishable goods or goods which are susceptible to damage through temperature changes shall be accepted only at owners risks for such damage as might result from general storage conditions.
(d) The depositor of goods shall examine the contents of goods at the time of taking delivery and shall give notice in writing with full particulars of the loss or damage if any caused to the goods to the warehouseman forthwith, or give notice within 24 hours of his examining and defer taking delivery of the goods, till then. A copy of the notice shall also be sent to the prescribed authority. No claim against the warehouseman shall be valid if such notice of loss or damage has not been given by the depositors as aforesaid.
Notice for claim of damages shall be given to the warehouseman by the depositor in case he (depositor) comes to know of the damage while the goods are in the warehouse within 24 hours of such knowledge or at the time of delivery whichever is earlier.
(e) The warehouseman shall not be responsible for the usual and customary shrinkage in weight.
(f) The quality, condition, value and contents of goods are known to the warehouseman except when specifically mentioned in the warehouse receipt.
(5) Schedule of Charges. - Whenever provision is made in these contract terms and conditions for a charge or charges by the warehouseman such charge or charges will conform to the warehouseman's tariff in effect at the time the charge accrues or the service is performed.
The schedule or tariff to be charged shall be that approved by the prescribed authority.
All goods stored shall be insured in the prescribed manner.
When goods are transferred from one room to another or from one warehouse to another at the request of the depositor a charge for handling will be made.
The warehouseman may also transfer at his own expenses without notice, any goods in storage from one room to another in the warehouse provided transfer involves no change in the class of storage.
Charges for handling, loading, unloading, and extra service rendered in the interest of the depositor are to be paid for by the depositor of goods in addition to the usual warehouse tariff.
### 14. Information regarding persons authorised to sign receipts.
- Every warehouseman shall file in the office of the prescribed authority information regarding the names and addresses of persons with their signatures authorised to sign receipts on behalf of the warehouseman and shall as soon as possible inform the prescribed authority in case such persons are changed. If new persons are authorised information in respect of them shall also be supplied.
### 15. Non negotiable receipts.
- Every warehouseman, who issues a non-negotiable receipt shall cause to be marked upon it the words "non-negotiable".
### 16. Issue of duplicate receipt.
(1) An application for grant of a duplicate receipt if the original is lost or destroyed, shall be made by the depositor to the warehouseman and shall be accompanied by (a) an affidavit showing that the applicant is lawfully entitled to the possession of the original receipt that he has not negotiated or assigned it, the circumstances in which the original receipt was lost, or, destroyed and if lost, that diligent efforts had been made to find the receipt without success, (b) a bond for an amount double the value of the goods represented by the original receipt, and (c) a sum of rupees five in cash or in the form of a postal certificate.
(2) On receipt of the application, the fact that the receipt is lost or destroyed shall be notified by the, warehouseman once at least in local news paper (s) giving one weeks clear notice of the issue of a duplicate thereof.
(3) After the expiry of the period referred to in sub-rule (2) a duplicate receipt shall be issued by the Warehouseman. Such duplicate receipt shall be stamped "Duplicate".
(4) After duplicate receipts have been issued the original receipt, if produced, will not be acted upon.
### 17. Liability of warehouseman for omissions.
- Where a warehouseman omits from a negotiable receipt any of the particulars set forth in Rule 12 he shall be liable for damages caused by such omission.
### 18. Omission not to affect validity of receipt.
- No receipt shall by reason of the omission of any of the particulars set forth in rule 12 be deemed not to be a warehouse receipt.
### 19. Depositor to supply information regarding transfer of receipts.
- Every depositor shall be bound to supply copies under his signature of any endorsement regarding transfer, mortgage, or encumbrance of goods as may be recorded on the warehouse receipt within 48 hours from making such endorsement.
### 20. Charges to be made by Warehouseman.
- No warehouseman shall levy or recovery charges for his services in excess of the schedule of charges filed by him alongwith his application for licence and approved by the prescribed authority from time to time.
### 21. Exhibition of schedule of charges.
- Every warehouseman shall display conspicuously the current schedule of charges as approved by the prescribed authority in Hindi at the principal office where receipts issued by such warehouseman are delivered to depositors.
### 22. Maintenance of warehouse.
- Every warehouseman shall keep his warehouse in the following conditions,-
(1) The warehouse shall be damp-proof, bird-proof and rat-proof;
(2) The warehouse shall be repaired whenever necessary and shall be kept disinfected;
(3) The goods stored in the warehouse shall be arranged and stored in such a manner as to render stock-taking and verification easy and effective;
(4) Stacks shall not be constructed touching the walls and a space of about 2 feet shall be left round each stack;
(5) All goods received for storage in the warehouse shall be measured in cubic feet (length, breadth and height) or weighed with or without container as the case may be and such weight or measure shall be taken by a licenced weigher and such weight or measure shall be duly stencilled on each container or labelled on each stack showing the date and quantity or weight or measure.
(6) The container or the stack shall bear the name of the depositor together with the distinctive mark, if any, in bold letters.
(7) Goods of different classes or grades or qualities shall be stored separately;
(8) All leakages in roof, dampness in walls and floors during the monsoons shall be carefully watched and repaired in good time.
(9) All appliances in the warehouse, such as scales, weights, measures, pokers and ladders shall be maintained correctly and in good condition;
(10) Any other terms and conditions fixed and communicated by the prescribed authority from time; to time shall be attended to or complied with.
### 23. Precaution against injury to goods.
- Every warehouseman shall keep the goods stored in his warehouse reasonably clean at all times and free from straw rubbish or accumulations of materials which may increase the risk of fire or interfere with handling of the goods.
### 24. [ Insurance of goods.
[Substituted by Notification No. F. 9(66) SCA 59, dated 16-8-1967, Published in Rajasthan Gazette, Part IV(Ga), dated 5-10-1967, page 752.]
(1) Every warehouseman shall insure the goods deposited in his warehouse against loss or damage by fire and theft for an amount not less than the market value of the goods on the date on which they were deposited in the warehouse:
Provided that nothing in this sub-rule shall apply the goods deposited in the warehouses belonging to a Warehousing Corporation where such Warehousing Corporation has agreed in writing to compensate the depositor against loss or damage by fire and theft, to the extent of the amount not less than the market value of the goods on due date of the deposit.
(2) On a written from the depositor and his agreeing to pay the requisite charges for additional insurance, the warehouseman may insure such goods also against loss or damage by flood or riot or civil commotion or any other contingency:
Provided that when such request has been made in respect of goods deposited in the warehouse belonging to a Warehousing Corporation such Warehousing Corporation may not insure the goods if it agrees in writing to compensate the depositor, against loss or damage by any of the risks specified in this written request.
(3) Except where proviso to sub-rule (1) or sub-rule (2) applies, the goods deposited in the warehouse shall not be insured by a company which is not on the list of companies approved for his purpose by the prescribed authority.
(4) Every warehouseman shall be entitled to recover from the depositor of goods or its owner the insurance premia and other out of pocket expenditure incurred by him for the insurance so effected of the goods stored in his warehouse and where the Warehousing Corporation has agreed to compensate the depositor under proviso to sub-rule (1) or (2), it shall be entitled to recover from the depositor such additional charge as it may decide not exceeding tariff rate of the insurance premium for the risk which it has agreed to compensate.
Explanation. - For the purpose of his rule Warehousing Corporation means a Warehousing Corporation established under Warehousing Corporation Act, 1962 (Central Act 53 of 1962).]
### 25. Classification of goods.
(1) Every warehouseman shall keep the goods stored in his warehouse in an orderly manner so as to permit easy access to all lots and to facilitate inspecting, sampling, counting and identification of each lot.
(2) Whenever any quality, standard or grade of any of the goods stored in a warehouse is stated or is required to be stated for the purpose of the Act it shall be in accordance with the quality standard or grade, if any determined for the particular, goods by the prescribed authority from time to time.
### 26. Part delivery of goods.
- If a warehouseman delivers part of the goods for which a negotiable receipt has been issued, he shall be bound to place plainly upon such receipt a statement of the goods or packages which have been delivered. On his failure to make such statement the warehouseman shall be liable for failure to deliver all the goods specified in the receipt to any one who purchases the receipt in good faith and for valuable consideration whether the purchaser acquired title to the receipt before or after the delivery of any portion of the goods.
### 27. Maintenance of books and records etc.
- Every warehouseman shall maintain records and account books in respect of his business and shall for this purpose use forms, if any, enjoyed by the prescribed authority. He shall, in particular, maintain:-
(1) A stock register in Form No. 8.
(2) A ledger for each depositor in Form No. 9.
(3) The Receipts issued and cancelled in Form No. 10.
(4) All records, books and papers pertaining to the warehouse shall be kept in a place of safety.
### 28. Shrinkage or excess in goods stored.
(1) For the purpose of sub-section (1) of section 17 of the Act.-
(i) Loss of weight or bulk by dryage or shrinkage within the limits specified in Appendix I, and
(ii) Gain in weight or bulk or absorption of moisture within the limits specified in Appendix II shall not be deemed to amount to deterioration.
(2) The warehouseman shall not be responsible for any shortage caused to goods stored in his warehouse by dryage or other causes beyond his control.
(3) The warehouseman shall not be entitled to any excess caused to goods stored in his warehouse by absorption of moisture or other causes.
(4) In the event of any dispute arising as to whether the shortage or excess is due to dryage or absorption of moisture or is due to other causes beyond the warehouseman's control the matter shall be referred to the prescribed authority within 30 days for decision, whose decision shall be final and binding:
Provided that if so agreed to by the parties through a written agreement or otherwise the matter may be referred to arbitration.
### 29. Auction sale of goods deteriorating or about to deteriorate in a Warehouse.
- Before effecting sale by public auction of goods stored in a warehouse which have deteriorated or are about to deteriorate, the warehouseman shall issue a notice indicating the date, time and place of auction at least 10 days before the date of auction. The notice shall be published in a local newspaper and shall also be exhibited at the conspicuous places of the local market are and shall also send the copies of the notice of auction to the prescribed authority and the Collector. Provided that in special circumstances, where 10 days notice might be considered too long by the warehouseman, he may sell the property by public auction by giving such shorter notice as may be reasonable and possible in the circumstances.
Where goods are of perishable nature or are such as will deteriorate quickly in value or injure other property, the warehouseman may give such notice as is reasonable and possible in the circumstances to the holder of the receipt of the goods, if the name and address of the holder is known to the warehouseman or, if not known to him, then to the original depositor, requiring him to satisfy the lien upon the goods and to remove them from the warehouse and on the failure of such person satisfying the lien and removing the goods within the time prescribed in the notice the warehouseman may sell the goods at public sale.
### 30. Accounting of proceeds of auction sale.
- Every warehouseman shall be bound to render to the depositor correct accounts and tender to him payment of the sale proceeds of goods realised after the auction sale after deducting all charges legally due to him including all reasonable charges for the removal of goods and sale by public auction within a period not exceeding fifteen days from the date of such sale. He shall be bound to make actual payment of net proceeds of the sale to the depositor on surrender by him of the receipt duly discharged and on payment of all charges due to the warehouseman.
### 31. Duty to deliver.
- A warehouseman in the absence of any lawful excuse shall deliver the goods referred to in the warehouse receipt:-
(a) In case of a negotiable receipt, to the bearer thereof upon demand made by the bearer and during business hours, after
(i) satisfying the warehouseman's lien,
(ii) the receipt is surrendered with such endorsements as are necessary for the negotiation of the receipt, and
(iii) acknowledging in writing the delivery of the goods.
(b) In the case of non-negotiable receipt, to the depositor thereof upon the depositor's
(i) Satisfying the warehouseman's lien, and
(ii) acknowledging in writing the delivery of the goods.
### 32. Issue of warehouse receipts by warehouseman.
- Warehouseman shall not-
(i) Issue a warehouse receipt without actually receiving the goods;
(ii) Make false statements in the warehouse receipts;
(iii) Issue a duplicate receipt without making on the receipt the word "Duplicate;"
(iv) Issue a receipt for goods for his own goods. Any breach of this rule among other things shall amount to an offence punishable under section 32 of the Act.
IV. Weighers, Samplers and classifiers
### 33. Application for licences by weighers, samplers and classifiers.
(1) Application for obtaining licences as weighers, samplers or classifiers shall be accompanied by fee of Rs. 5 and shall be made in writing to the prescribed authority in Form No. 11 which shall after making such enquiries as may be considered necessary for the efficient working of the warehouse grant the license applied for, on execution of an agreement by the applicant in such form as may be determined by the prescribed authority agreeing to conform with the rules and subject to the following conditions:-
(i) Every weigher, sampler or classifier licensed under section 23 of the Act shall keep books in such forms and render such prescribed returns and at such time and in form as the prescribed authority may from time to time direct.
(ii) Every weigher, sampler or classifier shall possess such equipment as may be laid down by the prescribed authority.
(iii) Every licensed weigher sampler or classifier when plying his trade, shall wear a distinguishing badge or a suitable pattern provided by the prescribed authority.
A depositor of not less than one and not more than five rupees to cover the cost of the badge shall be paid by such weigher, sampler or classifier to the prescribed authority.
(iv) No licensed weigher, or sampler or classifier shall recover charges exceeding the rates laid down by the prescribed authority from time to time.
(v) No licensed weigher, sampler or classifier shall enter in the service of another person or do business other than that for which he holds a licence or licences.
(vi) Such other conditions as may be laid down by the prescribed authority from time to time.
(2) Notwithstanding anything contained in sub-rule (1) the prescribed authority may refuse to grant a licence to any person who, in his opinion, is not solvent or whose operations are not likely to further the efficiency working of a warehouse.
### 34. Period of licences granted to weighers, samplers and classifiers.
- A licence issued to a weigher, sampler or classifier shall remain in force from the date on which it is granted till the 31st December following.
### 35. Certificates to be issued by weighers, samplers and classifiers.
- The certificate to be issued by weighers, samplers or classifiers shall be in Form No. 12.
### 36. Renewal of licences of weighers, samplers and classifiers.
- Application for renewal of licences issued to weighers, samples and classifiers shall be made at least one month prior to the termination of the licences and shall be accompanied by a fee of Rs. 5/-. The conditions for renewal of a licence shall be the same as those on which new licence is issued.
### 37. Issue of duplicate licences to weighers, samplers and classifiers.
- If the original licence is lost, or destroyed a duplicate thereof shall be issued on payment of a fee Rs. 5/- Such duplicate licence shall be stamped "Duplicate".
### 38. Suspension or revocation of licence of weighers, samplers and classifiers.
- The prescribed authority may for reasons to be recorded in writing, suspend or revoke the licence granted to any weigher, sampler or classifier if he contravenes any of the conditions of the licence or of these rules or if in the opinion of the prescribed authority his continuation as a licence is likely to detrimental to the working of the warehouse.
### 39. Appointment of Board of Arbitrators.
- On receipt of a written complaint against a weigher, sampler or classifiers relating to weight,quality or grade of the goods stored in warehouse the prescribed authority shall issue notice to either party to the dispute calling upon them to nominate an arbitrator each on their behalf within the period not exceeding 15 days from the date of the service of notice. If either of them fails to nominate an arbitrator within the period of notice, the prescribed authority shall nominate the arbitrator on their behalf. He shall also nominate a third arbitrator on his behalf who shall act as the Chairman of the Board of Arbitrators.
### 40. Procedure of Board of Arbitrators and mode of executing awards.
- In the conduct of proceedings before them the Board of Arbitrators shall, as far as possible, follow the procedure prescribed in the Indian Arbitration Act, 1910.
Every award passed by the Board shall if not carried out be executed on a certificate signed by the Chairman of the Board in the same manner as a decree of the Civil Court.
### 41. When warehouseman may determine weight, grade or class of goods.
- In areas where there are no weighers, classifier or samplers licenced under the Act, the weight, grade, class or quality of the goods covered by a receipt shall be as determined by the warehouseman.
V. Miscellaneous
### 42. Return of licences.
- When a licence granted under the Act expires or when it is suspended or revoked by the Prescribed Authority, it shall be returned to that authority within seven days such termination, suspension or revocation.
### 43. Manner giving notices.
(1) The notice to be given for revocation of a licence under sub-section (1) of section 9 shall be for a period of not less than a week and shall be sent by a registered post. If the warehouseman does not show cause within the time specified in the notice, the prescribed authority shall decide the matter ex-parte.
(2) The notice to be given to the depositor under sub-section (1) of section 15 shall be for a period of not less than a week and shall be sent by registered post. Such notice shall be served on all person who hold interest in the goods may be known to the warehouseman on the date of issuing the notice.
### 44. Use of standard weight and measures by warehouseman.
- Every warehouseman shall use only scales, weight and measures and weighing or measuring machines as are duly certified to be correct for the purpose by an Inspector appointed under the Rajasthan Weights and Measures Act, 1954 (XIX of 1954).
### 45. Hours of Business of warehouses.
- Every warehouse shall be made available for transacting warehouse business as may be necessary for at least 8 hours a day between the hours of 7 a.m. to 7 p.m. The actual hours when business can be transacted shall be conspicuously exhibited at each warehouse.
### 46. Supply of reports by warehouseman.
- Every warehouseman shall, from time to time, make such reports as may be required by the prescribed authority concerning the condition and contents of the warehouse and operation of his business as a warehouseman.
### 47. Inspection.
- The Prescribed Authority shall get the licensed warehouse including its equipment, etc. examined and inspected at least once in every quarter and report in writing thereof; and shall give such direction as it may deem fit, to the warehouseman. If the warehouseman neglects or fails to carry out such directions the Prescribed Authority may, after hearing the warehouseman, cancel or suspend his licence.
### 48. Appeal against the order of the Prescribed Authority.
(1) An appeal against the order of the Prescribed Authority under section 29 of the Act shall instituted to the Board of Revenue for Rajasthan within 30 days from the date on which the refusal communicated to the applicant.
(2) Board of Revenue shall decide the appeal after giving the appellant or his pleader a reasonable opportunity to be heard, and the decision of the Board shall be final.
### 49. Delegation of powers.
- The Prescribed Authority may delegate any of the powers conferred upon him and duties to be performed by him under the Act and Rules to other officer or officers.
Form No. 1
(See rule 3)
Application for grant/renewal of licence to the Prescribed Authority
To
.......................
Sir,
I/We ............. residing at............ Tehsil ......... District ........ request that I/We may be/(Licence No. ) granted licence as a warehouse for the storage of goods granted to me/us, during the year ending the 31st December, 19 may be renewed for.
### 2. I/We agree to abide by the terms and conditions of the licence which may be granted/renewed. ###
3. I/We have affixed stamp in payment of the licence Cash or Treasury Challan fee of Rs...........
### 4. I/We undertake to execute the security bond of the required amount and in the manner prescribed under the rule 8 of the Rajasthan Warehouses Rules, 1960. ###
5. I/We have filed along with this application a schedule of charges that would be recoverable from the depositors of goods stored in the warehouses.
### 6. I/We agree to aide by the provisions of the Rajasthan Warehouses Act, 1958, the Rajasthan Warehouses Rules, 1960 and also the term and conditions regarding the maintenance of a warehouse etc. and any other administrative or other orders issued in regard to the business by the Prescribed Authority or such other officers as may be authorised by him in this behalf. ###
7. I/We enclose herewith a solvency certificates to the extent of Rs......
### 8. I/We hereby solemnly declare that all information herein given is true to the best of my/our knowledge and that in case it proves to be untrue. I/We undertake to indemnify person or persons concerned in this business against any loss arising out of such false or untrue information. ###
9. I/We declare that each of the warehouses specified below is suitable for the storage of/goods respectively mentioned against it and that it is in good conditions.
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Date
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Signature (s) ,
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Description of premises to beused as a warehouse/warehouses.
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1.
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Village or town
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District
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2.
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House No.
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3.
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Description of the warehouse and of the rooms for storage
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Distinguishing letter or number of letter and number of each
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Detailed description of each
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Purpose of each
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4.
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Carpet area and storage capacity.
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5.
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Suitability regarding storage of goods for which it is to be
used.
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6.
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Quantities or variety of goods stored in the previous year, if
any,
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7.
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Estimated quantity of goods to be stored during the period of
licence.
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Form No. 2
(See rule 3)
Application for issue of duplicate licence to the Prescribed Authority
To
........................
Sir,
I/We .......... residing at .......... Tehsil........ District......... request that my/our ............... warehouse................ Licence No................ granted on ............. for the period ending for the area has been lost/destroyed in the following circumstances: -
(Here mention the circumstances under which the licence was lost or destroyed).
### 2. I/We, therefore request you to grant me/us a duplicate licence on the same terms and conditions on which the aforesaid licence was granted. ###
3. I/We have affixed stamp in payment of the fee of Rs. 5/-.
### 4. I/We hereby solemnly declare that the information herein given is true to the best of my/our knowledge. Witness 1.
Witness 2.
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Dated
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Signature
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Form No. 3
(See rule 5)
Licence for carrying on the business of a warehouseman
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Licence No. ......
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of 197 .
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Licence is hereby granted to.............(hereinafter referred as the licensee), on payment of a fee of Rs. \*for the conduct of the business of a warehouseman in the warehouse(s) , situated at (hereinafter referred to as the said warehouse(s) subject to the provisions of the Rajasthan Warehouses Act, 1958 and the rules made thereunder and on the following conditions namely:-
### 1. This licence shall be valid up to and inclusive on 31st December 197. ###
2. The licensee shall not carry on the business of a warehouseman at any place other than the said warehouse(s) .
### 3. The licensee shall carry on the aforesaid business for the storage of the following goods in the said warehouse(s) .- (1)
(2) (3)
### 4. This licence is not transferable. ###
5. No correction or alterations in the Schedule of charges maintained under rule 20 of the Rajasthan Warehouses Rules, 1960 shall be valid unless approved by the Prescribed Authority.
### 6. This licence shall be liable to be revoked or suspended in accordance with the provisions of sections 8 and 9 of the Rajasthan Warehouses Act, 1958. ###
7. In the event of revocation or suspension of this licence, the licensee shall surrender it to Prescribed Authority alongwith all the unused warehouse receipts in his possession.
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Place
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Dated
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Signature of the Presiding Authority
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Renewal of Licence
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Date of renewal
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Period for which renewed
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Signature of the prescribed Authority and date
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\*Here insert fee prescribed.
Form No. 4
(See rule 7)
Form of Security Bond.
Whereas I/We ........ Resident of ....... Tehsil ...... District ........ have applied for grant of a licence as warehouseman at............. under the Rajasthan Warehouses Act, 1958 subject to such conditions as may be laid down by the Prescribed Authority. I/We furnish herewith security deposit of Rs. ....... in each gilt-edged securities in accordance with the rates prescribed in rule (7) of the Rajasthan Warehouses Rules, 1960 for the observance of conditions and obligations arising out of my/our business as warehouseman and agree that the amount of the security deposited by me/us under this bond shall be liable to be forfeited by Government in case of default of any of the conditions of the licence or breach of any of the provisions of the Act or the Rules and that the amount due under this bond shall be recoverable from me/us or my/our heirs or legal representatives as arrears of land revenue.
Signature of Warehouseman
Signature of witnesses.
Suretyship bond by endorsement
We......... and.......... of........ are sureties for the said......... and do hereby agree that in the event of the said making default in observance of the conditions and obligations arising out of his business as warehouseman, the amount of security due under the said bond shall be recoverable by Government from us or our heirs or legal representatives, jointly and severally.
Date, this...........day of
(Signature of Sureties).
(Signature of Witnesses).
Form No. 5
(See rule 11)
Application for deposit of Goods
To
The Warehouseman
Dear Sir,
Please take delivery of the following goods. I have read the Rajasthan Warehouses Rules, 1960 and the conditions mentioned therein and agree to abide by the same.
| | | |
| --- | --- | --- |
|
Description of goods
|
Grade or qualities
|
No. of packages bags, quantity etc. with
distinguishing marks, if any
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Measurement or/and weight
|
Market price at.
|
Total valuation of goods
|
Remarks if any
|
|
|
|
|
|
I certify that the goods above mentioned are the bona fide property of myself/of Shri........ Village/Town....... Taluka District......... and no other person has any claim against them.
Full name of depositor/Agent
Full address of depositor or owner and Agent.
My/Our specimen signature (s) is/are enclosed for your record.
| | |
| --- | --- |
|
Place
|
|
|
Date
|
Yours faithfullyDepositor/ Agent
|
Separate receipt, viz., the Warehouse Receipt No. ...... date ....... issued in respect of grade or quality, quantity, weights and/or measurements and/or price has been issued in respect of these goods.
Place
Date
Signature of the Warehouseman
For the Rajasthan State Warehousing Corp.
Form No. 6
(See rule 11)
Delivery Order
Warehouse at..........
To
(The Warehouseman)
...................
...................
Dear Sir,
Please deliver the goods described below to self or to......... whose specimen signature is attached below. These goods were deposited with you on ........ The Warehouse Receipt bearing printed No. ..... Dated........... granted by you accompanies.
Description of goods to be delivered
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Description of goods
|
No. of packages etc. (both in words and figures)
|
Weight or/and measurement (both in words and in
figures)
|
Market price
|
Special marks, if any
|
Remarks
|
|
|
|
|
|
|
|
Received the above goods in.................condition.
Place
Date
Delivered
Warehouseman
Yours faithfully,
Depositor
Form No. 7
(See rule 12)
Negotiable/Non-Negotiable.
Warehouseman Receipt (In Hindi)
Serial No. of Receipt
Location and No. of Warehouse
Warehouseman's Licence No.
Valid upto
Date of issue of receipt.
Received from
Goods of the following description:-
| | | | |
| --- | --- | --- | --- |
|
Kind
|
Class or standard quantity and/or Grade
|
Number of packages or lots
|
Net quantity in maunds by weight or measure
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
| | |
| --- | --- |
|
Condition of the goods
|
(1) Good
|
|
|
(2) Fair
|
|
|
(3) Average
|
Private marks of the depositor on the packages.
Rate of storing and other charges.
Insured for Fire/Theft/Riots/Others with (Name of Insurance Co.) for the amount of Rs............
The goods are accepted for storage from to...............
| | |
| --- | --- |
|
Date
|
Signature of the Warehouseman or his Agent.
|
The goods mentioned below are hereby released from this receipt for delivery from warehouse. Any unreleased balance of the goods in subject to a lien for unpaid charges and advances on the released portion.
| | | | |
| --- | --- | --- | --- |
|
Date
|
Quantity released.
|
Signature.
|
Quantity due on Receipt.
|
Form No. 8
(See rule 27)
Stock Register
If the godown is hired, period of hire from Rent fixed, to...............
Whose name hires.............. Date payable/Date paid
Special
| | |
| --- | --- |
|
Godown No...............
|
Reference to policies of Insurance
|
|
Situated at................
|
Name of companies with whom insured
|
|
Owner's name............
|
Amount for which insured
|
| | | |
| --- | --- | --- |
|
Date of deposit
|
Name of persons who deposited the goods
|
Description and quantity of goods received and
special mark on goods, if any
|
|
No. of units
|
Weight and/or measurement/ description
|
Grade or quantity standard
|
Description
|
|
|
|
(a) |
(b) |
(c) |
(d) |
|
1
|
2
|
3
|
|
|
|
|
|
|
|
| | |
| --- | --- |
|
Warehouse receipt No.
|
Description of goods released of delivered
|
|
No. of units
|
Weight and/or measurement/ description
|
Grade or quantity standard
|
Description
|
|
|
(a) |
(b) |
(c) |
(d) |
|
4
|
5
|
|
|
|
|
|
|
| | |
| --- | --- |
|
Delivery order No.
|
Balance of stock
|
|
No. of units
|
Weight and/or measurement/ description
|
Grade or quantity standard
|
Description
|
|
|
(a) |
(b) |
(c) |
(d) |
|
6
|
7
|
|
|
|
|
|
|
| | | | | |
| --- | --- | --- | --- | --- |
|
Market price of goods on the date of deposit
|
Initials of the Godown keeper for having
received or delivered the goods
|
Initials of checking Officer and the date of the
chaecking
|
Remarks, if any, of the Inspecting Officer
|
Reference Lodger
|
|
Rate(a) |
Price(b) |
|
8
|
9
|
10
|
11
|
12
|
|
|
|
|
|
|
Form No. 9
(See rule 27)
Depositor's Ledger
| | | | |
| --- | --- | --- | --- |
|
|
Godown No.
|
Name of the Co.
|
Period Date of Expiry
|
|
Deposit No.
|
Where stored
|
Particulars of Insurance
|
|
|
Name of the Depositor
|
Godown Registration No.
|
No. of Policies
|
|
|
Address of the depositor
|
|
Amount
|
|
|
Name of the Operators or Transaferee
|
|
|
|
|
Reference to specimen signature card
|
|
|
|
| | | |
| --- | --- | --- |
|
Date of deposit
|
Warehouse receipt No.
|
Description of goods received
|
|
No. of packages or bags or quantity (Special
mark on goods if any)
|
Weight or/ and measurement/ description
|
Grade or quantity standard
|
Description
|
|
|
|
(a) |
(b) |
(c) |
(d) |
|
1
|
2
|
3
|
|
|
|
|
|
|
|
| |
| --- |
|
Description of goods released
|
|
No. of package or bags or quantity
|
Weight or/ and measurement/ description
|
Grade or quantity standard
|
Description
|
|
(a) |
(b) |
(c) |
(d) |
|
4
|
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Expenses of stocking or cleaning and charges of
safe custody
|
Particulars of payment
|
Delivery order
|
Initials of godown keeper
|
|
made by
|
|
depositor
|
|
Date of payment
|
Amount
|
|
|
(a) |
(b) |
|
|
|
5
|
6
|
|
7
|
8
|
|
|
|
|
|
|
| |
| --- |
|
Balance of Stock
|
|
No. of packages
|
Weight or/ and measurement/ description
|
Grade or quantity standard
|
Description
|
|
(a) |
(b) |
(c) |
(d) |
|
9
|
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Market price of goods deposited on the date of
deposit
|
Name of transferee to whom goods are transferred
or by whom they are held as security. For advance, if any
|
Reference to the instrument or document
transfering possession
|
Remarks
|
|
10
|
11
|
12
|
13
|
|
|
|
|
|
Form No. 10
(See rule 27)
Register of Receipts issued and cancelled.
| | | |
| --- | --- | --- |
|
Serial No. of the receipt
|
Date of issue of receipt
|
Name of the Depositor
|
|
1
|
2
|
3
|
|
|
|
|
| | |
| --- | --- |
|
Cancellation of receipt
|
Remarks
|
|
Date of cancellation
|
Signature of the Warehouseman
|
|
4
|
5
|
6
|
|
|
|
|
Form No. 11
(See rule 33)
Application for licence to weigh/sample/ classify....... commodity.
### 1. I hereby apply under the...........Warehouses Act and the Rules prescribed thereunder for a licence to weight/grade/class of the (specify agricultural products) stored or to be stored in the following warehouse licensed or for which application for licence has been made under the ..............Warehouses Act. | | | |
| --- | --- | --- |
|
Name of warehouseman
|
Name of warehouse
|
Location of warehouse
|
|
(i) ….......................
|
|
|
|
(ii) …......................
|
|
|
### 2. I agree to comply with and abide by the terms of the Act and the rules so far as the same may relate to me. (Questions to be answered by the applicant. Separate from should be used if the applicant intends to apply for licence for different capacities).
### 3. State the exact date of birth. ###
4. What is your present employment and by whom you are employed.
### 5. State your employment for the past five years. ###
6. Have you ever been discharged from any employment? If so, give name, and address of the employer and state reasons for such discharge.
### 7. Are you now or have you ever been licensed to perform services similar to those for which this licence is applied? If so, give particulars ....... If you have acquired any special qualification, please give details. ###
8. Are you physically fit to perform the duties to the position for which you desire a licence?............ If you have any defect of sight or disease of the eye, please state.
### 9. Give the names and addresses of three persons who have personal knowledge of your qualifications. Two of these persons must be engaged in some commercial concerns handling the product covered by his application. ###
10. State the place where you wish to be stationed..........
I declare that the foregoing statement are true to the best of my knowledge and belief.
| | |
| --- | --- |
|
Date..............
|
|
|
Place...............
|
Signature of applicant
|
Form No. 12
(See rule 36)
Form of certificate to be issued by the Weigher, Sampler or Classifier.
Rajasthan Warehouses Act.
Weight/Grade Certificate............
Name and location of the warehouse in which the grain or produce is to be stored.
Date of Certificate.
Consecutive number of the certificate.
Weight of grain or produce covered by the certificate.
Kind of grain or produce covered by the certificate.
Grade and/or weight of grain or produce as determined by licensed weigher, sampler or classifier.............
This certificate is issued under the Rajasthan Warehouses Act, 1958 and the rules made thereunder.
Signature of the licensed weigher, sampler or classifier.
[Appendix-1]
[Appendix I and II Substituted vide Notification dated 6-12-1966, Published in Rajasthan Gazette, Part IV-C, dated 22-6-1967, page 250-256.]
(See rule 28)
| | | |
| --- | --- | --- |
|
S.N.
|
Commodity
|
Maximum percentage of losses in weight or Bulk
due to driage or shortage
|
|
|
|
Maximum percentage of loss allowed for the
period of
|
|
|
|
Two months
|
Four months
|
Six months
|
Twelve months
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
I.
|
Food grains
|
|
|
|
|
|
|
1.
|
Paddy
|
2
|
3
|
4
|
5
|
|
|
2.
|
Rice
|
1.5
|
2.5
|
3
|
3.5
|
|
|
3.
|
Wheat
|
1.5
|
2
|
2.5
|
3.0
|
|
|
4.
|
Wheat products
|
2
|
3
|
3.5
|
4.0
|
|
|
5.
|
Maize
|
2.5
|
3.5
|
4
|
4.5
|
|
|
6.
|
Barley
|
1
|
2
|
2.5
|
3
|
|
|
7.
|
Oats
|
2
|
2.5
|
3
|
3.5
|
|
|
8.
|
Bajra
|
1.5
|
2
|
2.5
|
3
|
|
|
9.
|
Sorghum (Jowar) |
2
|
3
|
3.5
|
4
|
|
II.
|
Pulses
|
|
|
|
|
|
|
10.
|
Bengal gram
|
2
|
3
|
3.5
|
4
|
|
|
11.
|
Bengal gram dal
|
2.5
|
3
|
3.5
|
4
|
|
|
12.
|
Kabuli gram
|
1
|
2
|
2.5
|
3
|
|
|
13.
|
Red gram
|
1
|
2
|
2.5
|
3
|
|
|
14.
|
Red gram dal
|
1.5
|
2.5
|
3
|
3.5
|
|
|
\*\*15.
|
Black gram dal
|
1.5
|
2.5
|
3
|
3.5
|
|
|
16.
|
Black gram
|
1
|
2
|
2.5
|
3
|
|
|
17.
|
Green gram
|
1
|
2
|
2.5
|
3
|
|
|
18.
|
Green gram dal
|
1.5
|
2.5
|
3
|
3.5
|
|
|
19.
|
Lentil (Masoor) |
1
|
2
|
2.5
|
3
|
|
|
20.
|
Lentil dal
|
1.5
|
2.5
|
3
|
3.5
|
|
|
21.
|
Peas
|
2
|
3
|
3.5
|
4
|
|
|
22.
|
Beans
|
2
|
3
|
3.5
|
4
|
|
|
23.
|
Moth
|
1
|
2
|
3
|
3.5
|
|
|
24.
|
Gram products
|
2
|
3
|
3.5
|
4
|
|
|
25.
|
Pigeon Pea.
|
1.5
|
2
|
2.5
|
3
|
|
|
26.
|
Pigeon Pea. dal
|
1.5
|
2.5
|
3
|
3.5
|
|
III.
|
Oil Seeds
|
|
|
|
|
|
|
27.
|
G.N. Kernels
|
1.5
|
2.5
|
3
|
3.5
|
|
|
28.
|
G.N. Pods
|
2
|
3
|
4
|
5
|
|
|
29.
|
Gingili seed
|
2
|
3
|
4
|
5
|
|
|
30.
|
Cotton seed
|
1
|
1.5
|
2
|
2.5
|
|
|
31.
|
Caster seed
|
1
|
1.5
|
2
|
2.5
|
|
|
32.
|
Mustard
|
1.5
|
2.5
|
3
|
3.5
|
|
|
33.
|
Tara Mira
|
1
|
2
|
2.5
|
3
|
|
|
34.
|
Linseed
|
1.5
|
2
|
2.5
|
3
|
|
|
35.
|
Sesamum seed
|
1.5
|
2
|
2.5
|
3
|
|
|
36.
|
Niger (Ramtil) |
1.5
|
2
|
2.5
|
3
|
|
|
37.
|
Safflower (Kardi) |
1.5
|
2
|
2.5
|
3
|
|
|
38.
|
Copra
|
2
|
3
|
3.5
|
4
|
|
|
39.
|
Mahawa seed
|
1.5
|
2
|
2.5
|
3
|
|
|
40.
|
Asalia
|
1
|
2
|
2.5
|
3
|
|
|
41.
|
Hemp seed
|
1.5
|
2
|
2.5
|
3
|
|
|
42.
|
Barseem seed
|
1
|
2
|
2.5
|
3
|
|
|
43.
|
Oil Cakes
|
1.5
|
2.5
|
3
|
3.5
|
|
IV.
|
Spices
|
|
|
|
|
|
|
44.
|
Pepper
|
1.5
|
2.5
|
3
|
3.5
|
|
|
45.
|
Cardamom
|
1
|
1.5
|
2
|
2.5
|
|
|
46.
|
Ginger
|
2
|
3
|
3.5
|
4
|
|
|
47.
|
Chillies
|
2
|
3
|
3.5
|
4
|
|
|
48.
|
Turmeric
|
2
|
3
|
3.5
|
4
|
|
|
49.
|
Coriander
|
2
|
3
|
4
|
5
|
|
|
50.
|
Karanji
|
1
|
2
|
2.5
|
3
|
|
|
51.
|
Fanugreek (Methi) |
1
|
2
|
2.5
|
3
|
|
|
52.
|
Cumin (Jeera) |
1.5
|
2.5
|
3
|
3.5
|
|
|
53.
|
Aniseed
|
1
|
2
|
2.5
|
3
|
|
|
54.
|
Dried Mangochips
|
1
|
2
|
2.5
|
3
|
|
V.
|
Fibres
|
|
|
|
|
|
|
55.
|
Cotton (Kapas) |
2
|
3
|
3.5
|
4
|
|
|
56.
|
Cotton Lint
|
1
|
1.5
|
2
|
2.5
|
|
|
57.
|
Juti fibre
|
2
|
3
|
3.5
|
4
|
|
VI.
|
Others
|
|
|
|
|
|
|
58.
|
Sugarcane Jaggery
|
2
|
3
|
3.5
|
4
|
|
|
59.
|
Palmyra Jaggery
|
2
|
3
|
3.5
|
4
|
|
|
60.
|
Sugar
|
1
|
2
|
2.5
|
3
|
|
|
61.
|
Brown Sugar
|
2
|
3
|
3.5
|
4
|
|
|
62.
|
Khandsari
|
1.5
|
2.5
|
3
|
3.5
|
|
|
63.
|
Onion
|
4
|
6
|
-
|
-
|
|
|
64.
|
Garlic
|
3
|
4
|
6
|
-
|
|
|
65.
|
Potato
|
3
|
6
|
8
|
-
|
|
|
66.
|
Fertilisers
|
2
|
3
|
4
|
5
|
|
|
67.
|
Rock Salt
|
2
|
2.5
|
3
|
3.5
|
|
|
68.
|
Cement
|
2
|
3
|
3.5
|
4
|
|
|
69.
|
Tea
|
1
|
2
|
2.5
|
3
|
|
|
70.
|
Coffee
|
2
|
3
|
3.5
|
4
|
|
|
71.
|
Chicori chips
|
1
|
2
|
2.5
|
3
|
|
|
72.
|
Chicori powder
|
1.5
|
2.5
|
3
|
3.5
|
|
|
73.
|
Arecanut
|
1
|
2
|
3
|
3.5
|
|
|
74.
|
Cashewnut goods
|
1.5
|
2.5
|
3
|
3.5
|
|
|
75.
|
Cashewnut kernels
|
1
|
2
|
2.5
|
3
|
|
|
76.
|
Tamarind
|
2
|
3
|
3.5
|
4
|
|
|
77.
|
Tapioca chips
|
1.5
|
2.5
|
3
|
3.5
|
|
|
78.
|
Tapioca powder
|
2
|
3
|
3.5
|
4
|
|
|
79.
|
Hydrogenated (Oil Tins)
|
-
|
-
|
-
|
-
|
|
|
80.
|
Oil & Ghee (Tins) |
-
|
-
|
-
|
-
|
Note. - No loss due to driage would be allowed, when goods are stored during the monsoon months of July to October.
[Appendix - II]
[Appendix I and II Substituted vide Notification dated 6-12-1966, Published in Rajasthan Gazette, Part IV-C, dated 22-6-1967, page 250-256.]
Maximum percentage of gain in weight or bulk due to absorption of moisture.
| | | |
| --- | --- | --- |
|
S. No.
|
Commodity
|
Maximum percentage of gain in weight or bulk
allowed for absorption of moisture during heavy monsoon period
(July-October)
|
|
1
|
2
|
3
|
|
I.
|
Food grain
|
|
|
|
1.
|
Paddy
|
2
|
|
|
2.
|
Rice
|
1.5
|
|
|
3.
|
Wheat
|
1
|
|
|
4.
|
Wheat products
|
1.5
|
|
|
5.
|
Maize
|
2
|
|
|
6.
|
Barley
|
1
|
|
|
7.
|
Oats
|
1
|
|
|
8.
|
Bajra
|
1
|
|
|
9.
|
Sorghum (Jowar) |
1.5
|
|
II.
|
Pulses
|
|
|
|
10.
|
Bengal gram
|
1.5
|
|
|
11.
|
Bengal gram dal
|
1.5
|
|
|
12.
|
Bengal Kabuli gram
|
1
|
|
|
13.
|
Bengal red gram
|
1
|
|
|
14.
|
Red gram dal
|
1
|
|
|
15.
|
Black gram
|
1
|
|
|
16.
|
Black gram dal
|
1
|
|
|
17.
|
Green gram
|
1
|
|
|
18.
|
Green gram dal
|
1
|
|
|
19.
|
Lantil (Masoor) |
1
|
|
|
20.
|
Lentil dal
|
1
|
|
|
21.
|
Peas
|
1.5
|
|
|
22.
|
Beans
|
1.5
|
|
|
23.
|
Moth
|
1
|
|
|
24.
|
Gram products
|
1.5
|
|
|
25.
|
Pigeon Pea
|
1
|
|
|
26.
|
Pigeon Pea dal
|
1
|
|
III.
|
Oil Seeds
|
|
|
|
27.
|
G.N. Kernels
|
1
|
|
|
28.
|
G.N. Pods
|
2
|
|
|
29.
|
Gingili seed
|
2
|
|
|
30.
|
Cotton seed
|
1
|
|
|
31.
|
Castor seed
|
1
|
|
|
32.
|
Mustard
|
1
|
|
|
33.
|
Tara Mira
|
1
|
|
|
34.
|
Linseed
|
1
|
|
|
35.
|
Sesamurp seed
|
1
|
|
|
36.
|
Niger (Ramtil) |
1
|
|
|
37.
|
Safflower (Kardi) |
1
|
|
|
38.
|
Copra
|
1.5
|
|
|
39.
|
Mahwa seed
|
1
|
|
|
40.
|
Asalia
|
1
|
|
|
41.
|
Hemp seed
|
1
|
|
|
42.
|
Barseem seed
|
1
|
|
|
43.
|
Oil Cakes
|
1
|
|
IV.
|
Spices
|
|
|
|
44.
|
Pepper
|
1
|
|
|
45.
|
Cardamom
|
1
|
|
|
46.
|
Ginger
|
1.5
|
|
|
47.
|
Chillies
|
1.5
|
|
|
48.
|
Turmeric
|
1.5
|
|
|
49.
|
Coriander
|
1.5
|
|
|
50.
|
Karanji
|
1
|
|
|
51.
|
Fengugreek (Methi) |
1
|
|
|
52.
|
Cumin (Jeera) |
1
|
|
|
53.
|
Aniseed
|
1
|
|
|
54.
|
Dried Mango chips
|
1
|
|
V.
|
Fibers
|
|
|
|
55.
|
Cotton (Kapas) |
1.5
|
|
|
56.
|
Cotton Lint
|
1
|
|
|
57.
|
Jute Fibre
|
1.5
|
|
VI.
|
Others
|
|
|
|
58.
|
Sugarcane Jaggery
|
1.5
|
|
|
59.
|
Parmyra Jaggery
|
1.5
|
|
|
60.
|
Sugar
|
1
|
|
|
61.
|
Brown Sugar
|
1.5
|
|
|
62.
|
Khand Sugar
|
1
|
|
|
63.
|
Onion
|
-
|
|
|
64.
|
Garlic
|
-
|
|
|
65.
|
Potato
|
-
|
|
|
66.
|
Fertilizers
|
1.5
|
|
|
67.
|
Rock salt
|
1
|
|
|
68.
|
Cement
|
1.5
|
|
|
69.
|
Tea
|
1
|
|
|
70.
|
Coffee
|
1.5
|
|
|
71.
|
Chicori chips
|
1
|
|
|
72.
|
Chicori powder
|
1
|
|
|
73.
|
Arecanut
|
1
|
|
|
74.
|
Cashewnut Pods
|
1
|
|
|
75.
|
Cashewnut Kernels
|
1
|
|
|
76.
|
Tamarind
|
1
|
|
|
77.
|
Tapioca chips
|
1
|
|
|
78.
|
Tapioca powder
|
1.5
|
|
|
79.
|
Hydrogenated Oil (Tins) |
-
|
|
|
80.
|
Oil & Ghee (Tins) |
-
|
|
65b9bd8eab84c7eca86e9d33 | acts |
State of Rajasthan - Act
--------------------------
The Rajasthan Legislative Assembly Members (Free Transit by Road Transport Service) Rules, 1964
-------------------------------------------------------------------------------------------------
RAJASTHAN
India
The Rajasthan Legislative Assembly Members (Free Transit by Road Transport Service) Rules, 1964
=================================================================================================
Rule THE-RAJASTHAN-LEGISLATIVE-ASSEMBLY-MEMBERS-FREE-TRANSIT-BY-ROAD-TRANSPORT-SERVICE-RULES-1964 of 1964
-----------------------------------------------------------------------------------------------------------
* Published on 23 July 1964
* Commenced on 23 July 1964
The Rajasthan Legislative Assembly Members (Free Transit by Road Transport Service) Rules, 1964
Published vide Notification No. F.1-L/64, dated 23-7-1964
In exercise of the power conferred by section 8-A of the Rajasthan Legislative Assembly (Officers and Members Emoluments) Act, 1956 (Rajasthan Act
6 of 1957
), the State Government hereby makes the following rules regulating free transit or members by road transport service, namely:-
### 1. Short title and commencement.
(1) These rules may be called the Rajasthan Legislative Assembly Members (Free Transit by Road Transport Service) Rules, 1964.
(2) They shall come into force at once.
### 2. Definitions.
- In these rules unless, the context otherwise requires :-
(a) "Pass" means the "Identity cum-Road Journey Pass" issued under rule 3;
(b) "Secretary" means the Secretary, Rajasthan Legislative Assembly and includes any Officer of the said Assembly specially empowered by the Speaker to perform the functions of the Secretary under these rules;
(c) "Service Bus" includes deluxe bus and air-conditioned bus or has run on contract basis;
(d) "State Roadways" means the Rajasthan State Roadways.
### 3. Members entitle to travel on passes.
- Subject to the provisions of these rules, every member shall be provided by the Secretary, with a pass, [and any other person accompanying the member]
[Inserted by Notification dated 22-7-1981, No. F3(1) Law/64 vide Rajasthan Gazette part IV-C page 115-116]
in the form given in Appendix 'A' which shall entitle him to travel free of charge by the service buses of the State Roadways at any time and on any route on which the State Roadways operate.
### 4. Supply of books of Bus Journey Forms.
- Every member shall be supplied by the Secretary with two books each containing 50 serially numbered Members Bus Journey Forms with the foils. The forms shall be as given in Appendix 'B' Until one book is exhausted, the member shall not use the second book when all the forms in the book are used, the member shall return the book to the Secretary, who shall on request issue a new book to such member.
### 5. Procedure for journey.
(1) On the commencement of a Journey the member shall fill in the from and the foils thereof and had over the form to the Conductor of the bus. The Conductor shall thereon fill in the amount of fare chargeable for the journey on the foil with the member. A separate form shall be used for each separate journey and in case of charge of buses, separate form shall be used for each journey by different buses.
(2) A member shall, on demand by the Conductor or any other officer of the State Roadways duly authorised in that behalf, produce the Pass for inspection.
(3) A member [and any other person accompanying the member]
[Inserted by Notification dated 22-7-1981, No. F3(1) Law/64 vide Rajasthan Gazette part IV-C page 115-116]
may travel in any class, wherever there is more than one class of accommodation in service buses.
(4) A member [and any other person accompanying the member]
[Inserted by Notification dated 22-7-1981, No. F3(1) Law/64 vide Rajasthan Gazette part IV-C page 115-116]
wishing to reserve his seat may do so on payment of the charges for reservation.
### 6. Permissible luggage.
- A member and any other person accompanying the member shall be entitled to carry such luggage free of charge as is permissible to a passenger for the class in which the member and such other person travel and the member and such other person shall have to pay for the respective excess luggage, if any of the rates fixed in that behalf by the State Roadways.
### 7. Period of validity of pass.
- The Pass granted under these rules shall be valid only during the period the holder continues to be a member of the Rajasthan Legislative Assembly and the holder shall return the Pass to the Secretary, as soon as he ceases to be a member of the Assembly.
### 8. Report of Loss of pass etc.
- When a member losses his Pass/Free Journey Form Book, he shall immediately report the fact of such loss to the Secretary and the General Manager, Rajasthan State Roadways. On receipt such report, a fresh Pass/Free Journey Form Book as the case may be, issued by the Secretary to the member on his payment of Rs. 1/- in the case of the pass and Rs.2/- in the case of each Free Journey Form Book. If the Pass/Free Journey Form Book is subsequently found it shall be surrendered to the Secretary.
### 9. Provision for payment of the amount due on account of Journey.
- The Secretary shall arrange to make payment from the budget of Legislative Assembly, the amount due on account of the Journey under taken by the member, as determined on the basis of the Members Bus Journey Forms (Duplicate foils) sent by the State Roadways Department for payment.
[Provided that the amount due on account of the journey undertaken by the member in the City Transport Service Buses, excluding specific bus deployed for use by the Members of Legislative Assembly shall not be charged by the Corporation from the Rajasthan Legislative Assembly but it shall be waived by the Corporation, itself.]
[Added by Notification No.F.5(1) Sansad/78 Vide GSR 31, Rajasthan Gazette Part IV-C (1), page 73-74, dated 20-6-1981.]
Appendix 'A'
(See Rule 3)
Identity-Cum-Road Journey Pass
Rajasthan State Road ways
Rajasthan Legislative Assembly Members'
Identify-cum-Road Journey Pass.
Not Transferable.
| | | | |
| --- | --- | --- | --- |
|
Name ..........
|
|
Photograph
|
|
|
M.L.A.
|
|
|
|
(Division No. ...........)
|
|
|
|
Address .................
|
|
|
|
Available for free travel on Rajasthan State Roadways Service
Buses.
|
Secretary.
|
|
Rajasthan Legislative Assembly.
|
|
............
|
|
Date .........
|
|
Member's Signature,
|
|
|
|
(Division No. ..........)
|
### 1. The member to whom this pass is issued is responsible for its safe custody. ###
2. In case of loss, the matter shall immediately be reported to the Secretary, Rajasthan Legislative Assembly and the General Manager, Rajasthan State Roadways.
### 3. This Pass shall be surrendered in the event of termination of membership of the Rajasthan Legislative Assembly. ###
4. A journey from containing details of journey performed under this pass shall be tiled in and handed over the Bus Conductor before a journey begins.
### 5. This issue subject to the provisions of section 8A of the Rajasthan Legislative Assembly (Officers and Members Emoluments) Act, 1956, and rules made under section 8A of said Act and can be used subject to availability of accommodation in the bus by which the journey is intended to be undertaken. ###
6. This pass shall be treated as a ticket for travel, subject to the same rules and conditions as given a ticket in so far as they are not repugnant to the rules made under section 8A of the Rajasthan Legislative Assembly (Officers and Members Emoluments) Act, 1956.
Appendix 'B'
[See Rule 4]
(Member's Bus Journey Form)
Rajasthan State Roadways
(Member's Bus Journey Form)
| | |
| --- | --- |
|
Book No. .........
|
Serial No. .........
|
(Foil) (To be filled in and retained by the Member)
Date & the time of the journey ......................................
No. of Bus ..................................................................
Type of the Bus (Ordinary or Deluxe) ...........................
I am travelling from ......................... to ........................
My pass number is ......................................................
| | |
| --- | --- |
|
|
.................
|
|
Member
|
|
Rajasthan Legislative Assembly
|
|
Date ...............
|
(Division No. ....................)
|
(To be filled in by the Conductor)
Date .................
From .............................. to .............................................
Stages ............................ Fare ........................................
Bus No. ........................... Date .......................................
Conductor's Badge No. and Signature ...............................
Rajasthan State Roadways
(Member's Bus Journey Form)
| | |
| --- | --- |
|
Book No. .........
|
Serial No. .........
|
(Duplicate) & (Triplicate)
(To be delivered to the Conductor of the bus)
Date & the time of the journey ...........................................
No. of Bus .......................................................................
Type of the Bus (Ordinary or Deluxe) ................................
I am travelling from ............................ to ..........................
My pass number is ..........................................................
| | |
| --- | --- |
|
|
.................
|
|
Member
|
|
Rajasthan Legislative Assembly
|
|
Date ...............
|
(Division No. ....................)
|
(To be filled in by the Conductor)
Date ..................
From .............................. to ............................................
Stages ............................ Fare .......................................
Bus No. ........................... Date .......................................
Conductor's Badge No. and Signature ...............................
|
65b9f995ab84c7eca86ea5c5 | acts |
State of West Bengal - Act
----------------------------
The West Bengal Panchayat Elections Act, 2003
-----------------------------------------------
WEST BENGAL
India
The West Bengal Panchayat Elections Act, 2003
===============================================
Act 21 of 2003
----------------
* Published on 22 August 2003
* Commenced on 22 August 2003
The West Bengal Panchayat Elections Act, 2003
West Bengal Act
21 of 2003
[22nd August, 2003.]
Assent of the Governor first published in the Kolkata Gazette, Extraordinary, of the 22nd August, 2003.
An Act to consolidate and amend the laws relating to holding of elections to the Panchayats in West Bengal.
Whereas it is expedient to consolidate and amend the laws relating to holding of elections to the Panchayats in West Bengal;
It is hereby enacted as follows:-
Part I – Chapter I
--------------------
Preliminary
### 1. Short title, extent and commencement.
(1) This Act may be called the West Bengal Panchayat Elections Act, 2003.
(2) It extends to the whole of West Bengal, except the areas referred to in sub-section (2) of section 1 of the West Bengal Panchayat Act, 1973.
(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, -
(1) "article" means an article of Constitution;
(2) "Assistant Panchayat Electoral Registration Officer" means an officer appointed as such under sub-section (3) of section 6 of the West Bengal State Election Commission Act, 1994;
(3) "Assistant Panchayat Returning Officer" means an officer appointed as such under sub-section (3) of section 6 of the West Bengal State Election Commission Act, 1994;
(4) "cognizable offence" has the same meaning as in clause (c) of section 2 of the Code of Criminal Procedure, 1973;
(5) "Commission" means the West Bengal State Election Commission referred to in sub-section (1) of section 3 of the West Bengal State Election Commission Act, 1994;
(6) "Constitution" means the Constitution of India;
(7) "corrupt practice" has the same meaning as specified in section 123 of the Representation of the People Act, 1951;
(8) "District Panchayat Election Officer" means an officer appointed as such by the State Election Commissioner under sub-section (1) of section 6 of the West Bengal State Election Commission Act, 1994;
(9) "election" means the election to fill a seat or seats in a Gram Panchayat, Panchayat Samiti and Zilla Parishad or Siliguri Mahakuma Parishad, as the case may be;
(10) "elector", in relation to a constituency of a Gram Panchayat, Panchayat Samiti, Zilla Parishad or Siliguri Mahakuma Parishad, means the person whose name is entered in the electoral roll of that Gram Panchayat, Panchayat Samiti, Zilla Parishad or Siliguri Mahakuma Parishad, for the time being in force, and who is not subject to any of the disqualifications mentioned in section 16 of the Representation of the People Act, 1950;
(11) "local party" means a party recognized as such by the Commission;
(12) "member" means a person elected at an election to fill seats in a Gram Panchayat, Panchayat Samiti, Zilla Parishad or Siliguri Mahakuma Parishad;
(13) "notification" means a notification published in the Official Gazette;
(14) "Presiding Officer" includes any polling officer when performing any of the functions of a Presiding Officer;
(15) "polling station" in relation to an election means the place for taking poll of that election;
(16) "panchayat area" means the territorial area of a Panchayat as referred to in clause (e) of article 243 of the Constitution;
(17) "Panchayat Electoral Registration Officer" means an officer appointed as such by the State Election Commissioner under sub-section (1) of section 6 of the West Bengal State Election Commission Act, 1994 and includes an Assistant Panchayat Electoral Registration Officer;
(18) "Panchayat Returning Officer" means an officer appointed as such by the State Election Commissioner under sub-section (1) of section 6 of the West Bengal State Election Commission Act, 1994 and includes an Assistant Panchayat Returning Officer;
(19) "prescribed" means prescribed by rules made under this Act;
(20) "prescribed authority" means an authority appointed by the State Government, by notification, for all or any of the purposes of the Act;
(21) "public holiday" means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1881;
(22) "qualifying date" means the date specified as such by the Commission by notification for the purposes of this Act;
(23) "recognized political party" means a National party or a State party recognized as such by the Election Commission of India by notification for the time being in force;
(24) "sign" in relation to a person who is unable to write his name, means to authenticate in such manner as may be prescribed;
(25) "State Election Commissioner" means the State Election Commissioner referred to in sub-section (1) of section 3 of the West Bengal State Election Commission Act, 1994;
(26) "State Government" has the same meaning as in the West Bengal Panchayat Act, 1973;
(27) "voter on election duty" means any presiding officer, polling officer, any other public servant or any polling agent who is a voter and is, by reason of his being on election duty, unable to vote at the polling station where he is entitled to vote;
(28) other expressions used in this Act have the meanings respectively assigned to them in the West Bengal Panchayat Act, 1973 and the West Bengal State Election Commission Act, 1994.
### 3. Power to delimit Panchayat areas into constituencies.
- For the purpose of election of members of Panchayats, the Commission shall, having regard to the number of electors, issue direction, by any general or special order, for the prescribed authority for division of any Panchayat area into such number of constituencies in accordance with such rules as may be prescribed by the State Government in this behalf, subject to the provisions of the West Bengal Panchayat Act, 1973.
Part II – Qualifications and Disqualifications
------------------------------------------------
Chapter II
Qualifications
------------------------------
### 4. Qualifications for membership of a Gram Panchayat.
- A person shall be qualified to be chosen to fill a seat in a Gram Panchayat, if -
(a) such person is a citizen of India and his name is included in the electoral roll prepared in accordance with such rules made by the State Government in this behalf and in force on such date as the State Election Commissioner may declare for the purpose of an election pertaining to the area comprised in that Gram Panchayat and he is not less than twenty-one years of age on the date fixed for scrutiny of the nomination papers of an election;
(b) such person is a member of any of the scheduled castes and is an elector in relation to that Gram Panchayat, in the case of a seat reserved for the Scheduled Castes;
(c) such person is a member of any of the scheduled tribes and is an elector in relation to that Gram Panchayat, in the case of a seat reserved for the Scheduled Tribes;
(d) such person is a woman and is an elector in relation to that Gram Panchayat, in the case of a seat reserved for Women;
(e) such person is an elector in relation to that Gram Panchayat, in the case of any other seat.
### 5. Qualifications for membership of a Panchayat Samiti.
- A person shall be qualified to be chosen to fill up a seat in a Panchayat Samiti, if -
(a) such person is a citizen of India and his name is included in the electoral roll prepared in accordance with such rules made by the State Government in this behalf and in force on such date as the State Election Commissioner may declare for the purpose of an election pertaining to any Gram comprised in the Block and is not less than twenty-one years of age on the date fixed for scrutiny of the nomination papers of an election;
(b) such person is a member of any of the scheduled castes and is an elector in relation to that Panchayat Samiti in the case of a seat reserved for the Scheduled Castes;
(c) such person is a member of any of the scheduled tribes and is an elector in relation to that Panchayat Samiti in the case of a seat reserved for the Scheduled Tribes;
(d) such person is a woman and is an elector in relation to that Panchayat Samiti in the case of a seat reserved for Women;
(e) such person is an elector in relation to that Panchayat Samiti in the case of any other seat.
### 6. Qualifications for membership of a Zilla Parishad or the Siliguri Mahakuma Parishad.
- A person shall be qualified to be chosen to fill up a seat in a Zilla Parishad or the Siliguri Mahakuma Parishad, if -
(a) such person is a citizen of India and his name is included in the electoral roll prepared in accordance with such rules made by the State Government in this behalf and in force on such date as the State Election Commissioner may declare for purposes of an election pertaining to any Block within the District and is not less than twenty-one years of age on the date fixed for scrutiny of the nomination papers of an election;
(b) such person is a member of any of the scheduled castes and is an elector in relation to that Zilla Parishad or the Siliguri Mahakuma Parishad in the case of a seat reserved for the Scheduled Castes;
(c) such person is a member of any of the scheduled tribes and is an elector in relation to that Zilla Parishad or the Siliguri Mahakuma Parishad in the case of a seat reserved for the Scheduled Tribes;
(d) such person is a woman and is an elector in relation to that Zilla Parishad or the Siliguri Mahakuma Parishad in the case of a seat reserved for Women;
(e) such person is an elector in relation to that Zilla Parishad or the Siliguri Mahakuma Parishad in the case of any other seat.
Chapter III
Disqualifications
----------------------------------
### 7. Disqualifications for membership of Gram Panchayat, Panchayat Samiti, Zilla Parishad or Siliguri Mahakuma Parishad.
- A person shall not be qualified to be member of a Gram Panchayat, Panchayat Samiti, Zilla Parishad or Siliguri Mahakuma Parishad, as the case may be, if -
(a) he is a member of a municipal authority constituted under any of the Acts referred to in sub-section (2) of section 1 of the West Bengal Panchayat Act, 1973; or
(b) he is in service of the Central or the State Government or a Gram Panchayat or a Panchayat Samiti or a Zilla Parishad or the Siliguri Mahakuma Parishad or the Council.
Explanation. - For the purposes of this clause, a person in the service of any Undertaking of the Central or the State Government or any Statutory Body or Corporation or any Public or Government Company or any Local Authority or any Co-operative Society or any Banking Company or any University or any Government sponsored Institution or any educational or other institution or Undertaking or Body receiving any aid from the State Government by way of grant or otherwise or a person not under the rule-making authority of the Central or the State Government or a person receiving any remuneration from any undertaking or body or organization or association of persons as an employee or being in service of such undertaking or body or organization or association of persons out of funds provided or grants made or aid given by the Central or the State Government shall not be deemed to be in the service of the Central or the State Government; or
(c) he has, -
(i) in case of a Gram Panchayat, directly or indirectly by himself or by his partner or employer or an employee, any share or interest in any contract with, by or on behalf of the Gram Panchayat or the Panchayat Samiti of the Block comprising the Gram concerned or the Zilla Parishad or the Siliguri Mahakuma Parishad of the District or in the case of a Gram Panchayat in Darjeeling District or the Council:
Provided that no person shall be deemed to be disqualified for being elected a member of a Gram Panchayat by reason only of his having a share or interest in any public company as defined in the Companies Act, 1956 which contracts with or is employed by the Gram Panchayat or Panchayat Samiti of the Block comprising the Gram or the Zilla Parishad or the Siliguri Mahakuma Parishad or the Council; or
(ii) in case of a Panchayat Samiti, directly or indirectly by himself or by his partner or employer or an employee, any share or interest in any contract with, by or on behalf of, the Panchayat Samiti or a Gram Panchayat within the Block concerned or the Zilla Parishad or the Siliguri Mahakuma Parishad or in the case of Panchayat Samiti in Darjeeling District or the Council:
Provided that no person shall be deemed to be disqualified for being elected a member of a Panchayat Samiti by reason only of his having a share or interest in any public company as defined in the Companies Act, 1956 which contract with or is employed by the Panchayat Samiti or any such Gram Panchayat or Zilla Parishad or the Siliguri Mahakuma Parishad or the Council;
(iii) in the case of Zilla Parishad, or the Siliguri Mahakuma Parishad, directly or indirectly by himself or by his partner or employer or an employee, any share or interest in any contract with, by or on behalf of the Zilla Parishad, or the Siliguri Mahakuma Parishad, or a Gram Panchayat or a Panchayat Samiti within the district or in the case of Siliguri Mahakuma Parishad or the Council:
Provided that no person shall be deemed to be disqualified for being elected a member of a Zilla Parishad, or the Siliguri Mahakuma Parishad by reason only of his having a share or interest in any public company as defined in the Companies Act, 1956 which contracts with or is employed by a Gram Panchayat or a Panchayat Samiti, within the district or the Zilla Parishad or the Siliguri Mahakuma Parishad or the Council; or
(d) he has been dismissed from the service of the Central or a State Government or a local authority or a co-operative society or a Government company or a corporation owned or controlled by the Central or State Government for misconduct involving moral turpitude and five years have not elapsed from the date of such dismissal; or
(e) he has been adjudged by a competent court to be of unsound mind; or
(f) he is an undischarged insolvent; or
(g) he being a discharged insolvent has not obtained a certificate from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or
(h) he has been convicted by a court -
(A) of an offence involving moral turpitude punishable with imprisonment for a period of more than six months, or
(B) of an offence under Chapter IXA of the Indian Penal Code, or
(C) under section 3 or section 9 of the West Bengal Local Bodies (Electoral Offences and Miscellaneous Provisions) Act, 1952 and five years have not been elapsed from the date of the expiration of the sentence; or
(i) he is disqualified for the purpose of election to the State Legislature under the provisions of Chapter III of Part II of the Representation of the People Act, 1951; or
(j) he has been convicted under section 189 of the West Bengal Panchayat Act, 1973, at any time during the last ten years; or
(k) he has been surcharged or charged under section 192 of the West Bengal Panchayat Act, 1973, at any time during the last ten years; or
(l) he has been removed under section 213 of the West Bengal Panchayat Act, 1973, at any time during the period of last five years; or
(m) he has been convicted under section 9A of the West Bengal Panchayat Act, 1973.
### 8. Bar to simultaneous candidature for election.
- No person, while standing as a candidate for election as a member -
(a) of a Gram Panchayat, shall be entitled to stand as a candidate for election as a member of a Panchayat Samiti or the Zilla Parishad or the Siliguri Mahakuma Parishad;
(b) of a Panchayat Samiti, shall be entitled to stand as a candidate for election as a member of a Gram Panchayat or the Zilla Parishad or the Siliguri Mahakuma Parishad;
(c) of a Zilla Parishad, or the Siliguri Mahakuma Parishad, shall be entitled to stand as a candidate for election as a member of a Gram Panchayat or a Panchayat Samiti:
Provided that no person shall be entitled to stand as a candidate for election for more than one constituency or seat, as the case may be, in a General Election.
### 9. Bar to simultaneous membership.
- A member, -
(a) of a Gram Panchayat on being elected a member of a Panchayat Samiti or a Zilla Parishad or Siliguri Mahakuma Parishad shall cease to be the member of a Gram Panchayat with effect from the date on which he is declared elected to such Panchayat Samiti or Zilla Parishad or Siliguri Mahakuma Parishad, and continue to be a member of such Panchayat Samiti or Zilla Parishad or Siliguri Mahakuma Parishad, as the case may be, to which he is elected;
(b) of a Panchayat Samiti on being elected a member of a Gram Panchayat or a Zilla Parishad or Siliguri Mahakuma Parishad shall cease to be the member of such Panchayat Samiti with effect from the date on which he is declared elected to such Gram Panchayat or Zilla Parishad or Siliguri Mahakuma Parishad, and shall continue to be a member of such Gram Panchayat or Zilla Parishad or Siliguri Mahakuma Parishad, as the case may be, to which he is elected;
(c) of a Zilla Parishad, or Siliguri Mahakuma Parishad, on being elected a member of a Gram Panchayat or a Panchayat Samiti shall cease to be the member of such Zilla Parishad or the Siliguri Mahakuma Parishad, with effect from the date on which he is declared elected to such Gram Panchayat or Panchayat Samiti, and shall continue to be a member of such Gram Panchayat or Panchayat Samiti, as the case may be, to which he is elected.
### 10. [ Simultaneous membership to Assembly or Parliament-and Panchayats in respect of a member of Panchayat Samitior Zilla Parishad or Siliguri Mahakuma Parishad.
[Substituted by Act No. 38 of 2017, dated 16.10.2017.]
(1) A member of Gram Panchayat, on being elected to the Legislative Assembly or the Parliament or a member of the Legislative Assembly or the Parliament, on being elected to the Gram Panchayat, shall tender his resignation immediately from any of the elected offices in order to participate subsequently as a member in other elected office.
(2) A member of Panchayat Samiti or Zilla Parishad or Siliguri Mahakuma Parishad, on being elected to the Legislative Assembly or the Parliament or a member of the Legislative Assembly or the Parliament, on being elected to the Panchayat Samiti or Zilla Parishad or Siliguri Mahakuma Parishad, may hold simultaneous membership to the Assembly or Parliament along with the Panchayat Samiti or Zilla Parishad or Siliguri Mahakuma Parishad.]
### 11. Cessation of membership when character of the constituency is altered or changed.
- Notwithstanding anything contained elsewhere in this Act, if at any time the whole of the area of a constituency or a portion thereof of a Gram Panchayat or Panchayat Samiti or Zilla Parishad or Siliguri Mahakuma Parishad is included in a municipality, town committee or a cantonment, member or members elected from such constituency to such Gram Panchayat or Panchayat Samiti or Zilla Parishad or Siliguri Mahakuma Parishad shall cease to be a member of such Gram Panchayat or Panchayat Samiti or Zilla Parishad or Siliguri Mahakuma Parishad from the date of such inclusion.
Part III – Chapter IV
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Allocation and Reservation of Seats
### 12. Total number of members in a Gram Panchayat.
- Subject to the provision of sub-section (2) of section 4 of the West Bengal Panchayat Act, 1973, the prescribed authority shall allocate to each constituency, the number of members to be elected to a Gram Panchayat as far as practicable be on the following basis, namely:-
(i) in the case of hill areas, one member for every two hundred and fifty voters and one additional member for every fraction thereof;
(ii) in the case of other areas, one member for every seven hundred voters and one additional member for every fraction thereof.
### 13. Allocation of seats by the prescribed authority.
- The prescribed authority shall allocate to each constituency such number of seats not exceeding two as may conform to the number of voters determined under clauses (i) and (ii) of section 12.
### 14. Total number of members in a Panchayat Samiti.
(1) The number of members to be elected to a Panchayat Samiti from a Gram in hill areas shall be -
(i) one, if the number of voters in such Gram is 1200, or less;
(ii) two, if the number of voters in such Gram is more than 1200 but less than 2001; and
(iii) three, if the number of electors in such Gram is 2001 and above.
(2) The number of members to be elected to a Panchayat Samiti from a Gram in the areas other than hill areas shall be -
(i) one, if the number of voters in such Gram is 4500 or less;
(ii) two, if the number of voters in such Gram is more than 4500 but less than 9001; and
(iii) three, if the number of the voters in such Gram is 9001 and above.
### 15. Total number of members in a Zilla Parishad or Siliguri Mahakuma Parishad.
- The number of members to be elected to a Zilla Parishad or the Siliguri Mahakuma Parishad from a Block shall be -
(i) one, if the number of voters in the Block is 60000 or less;
(ii) two, if the number of voters in the Block is more than 60000 but less than 120001; and
(iii) three, if the number of the voters in the Block is 120001 and above.
### 16. Determination of constituencies of Gram Panchayat, Panchayat Samiti and Zilla Parishad or Siliguri Mahakuma Parishad.
- Determination of constituencies of Gram Panchayat, Panchayat Samiti and Zilla Parishad or the Siliguri Mahakuma Parishad, as the case may be, shall be done according to the procedure as may be prescribed.
### 17. Reservation of seats for Scheduled Castes, Scheduled Tribes [Backward Classes]
[Inserted by Act No. 23 of 2012, dated 24.8.2012.]
and Woman candidates.
(1) Seats shall be reserved for the Scheduled Castes in every Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad in such manner as may be prescribed and the number of the seats so reserved shall bear as nearly as may be, the same proportion with the total number of seats to be filled by direct election to the Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad, as the case may be, as the population of the Scheduled Castes in the area of the Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad, as the case may be, bears with the total population of that area, and such seats may be allotted by rotation to different constituencies of that Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad in such manner as may be prescribed.
(2) Seats shall be reserved for the Scheduled Tribes in every Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad in such manner as may be prescribed and the number of seats so reserved shall bear as nearly as may be, the same proportion with the total number of seats to be filled by direct election to the Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad, as the case may be, as the population of the Scheduled Tribes in the area of the Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad, as the case may be, bears with the total population of that area, and such seats may be allotted by rotation to different constituencies of that Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad in such manner as may be prescribed.
(2A)
[ Seats shall be reserved for the Backward Classes in every Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad in sucb manner as may be prescribed and the number of seats so reserved shall bear as nearly as may be, the same proportion with the total number of seats to be filled by direct election to the Gram Panchayat, the Panchayat Samiti, the Zilla Parishad or the Siliguri Mahakuma Parishad, as the case may be, as the population of the Backward Classes in the area of the Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad, as the case may be, bears with the total population of that area, and such seats may be allotted by rotation to different constituencies of that Gram Panchayat, Panchayar Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad in such manner as may be prescribed.]
[Inserted by Act No. 23 of 2012, dated 24.8.2012.]
(3) [ As nearly as practicable one-half but not exceeding one-half of the total number of seats reserved under sub-section (I), sub-section (2) and SUD-section (2A), shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be, in such manner as may be prescribed.]
[Substituted 'Not less than one-third of the total number of seats reserved under sub-section (1) and sub-section (2) shall be reserved for Women belonging to the Scheduled Castes, or the Scheduled Tribes, as the case may be, in such manner as may be prescribed.' by Act No. 23 of 2012, dated 24.8.2012.]
(4) [ As nearly as practicable one-half but not exceeding one-half of the total number of seats, including the seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes under sub-section (3), to be filled by direct election to a Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad shall be reserved for the women, and such seats may be allotted by rotation to different constituencies of the Gram Panchayat. Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad, as the case may be, in such manner as may be prescribed.
Explanation. - A member of the Scheduled Castes or the Scheduled Tribes or the Backward Classes or Women shall not be disqualified to hold a seat not reserved for members of the Scheduled Castes or the Scheduled Tribes or the Backward Classes or Women if such member is otherwise qualified to hold such seat under this Act.]
[Substituted by Act No. 23 of 2012, dated 24.8.2012.]
### 18. [ Reservation of seats ·for office bearers of Gram Panchayat and Panchayat Samiti.
[Substituted by Act No. 23 of 2012, dated 24.8.2012.]
- (I) Offices of the Pradhan and Upa-Pradhan in the Gram Panchayats in a district shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Oasses by rotation in such manner as may be prescribed and the number of the offices so reserved shall bear, as nearly as may be, the same proportion with the total number of the offices of the Pradhan or the Upa-Pradhan, as the case may be, in the district as the population of the Scheduled Castes or the Scheduled Tribes, or the Backward Classes as the case may be, in all the Blocks within the district bears with the total population in the same area.
(2) As nearly as practicable one-half but not exceeding one-half of the total number of offices reserved under sub-section (I) shall be reserved by rotation in such manner as may be prescribed, for the women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be.
(3) As nearly as practicable one-half but not exceeding one-half of the total number of offices, including the offices reserved for Women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes under sub-section (2) shall be reserved for the women by rotation in such manner, as may be prescribed.
(4) For the purpose of reservation under sub-sections (1), (2) and (3) in a particular term of election, preference shall be given for reservation to the offices of the Pradhan and if the office of the Pradhan is so reserved, office of the Upa-Pradhan shall not be reserved in the same Gram Panchayat, in the same term of General Elections.
(5) Notwithstanding anything contained elsewhere in this section, if in a district, for any term of election, the number of offices of the Upa-Pradhan, available for reservation after exclusion of the Grams where offices of the Pradhan have been reserved for that term of election, is less than the number of offices determined under sub-section (1) or sub-section (2) or sub-section (3), such number of offices of the Upa-Pradhan as are available for reservation shall be reserved for shall term of election, and the number of offices determined under sub-section (1) or sub-section (2) or sub-section (3), as the case may be, shall be deemed to be redetermined accordingly.
(6) Offices of the Sabhapati and the Sahakari Sabhapati in the Panchayat Samitis in a district shall be reserved for the Scheduled Castes, Scheduled Tribes and the Backward Classes by rotation in such manner, as may be prescribed, and the number of the offices so reserved shall bear, as nearly as may be, the same proportion with the total number of the offices of the Sabhapati and the Sahakari Sabhapari, as the case may be, in the district as the population of the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be, in all the Blocks within the districts beats with the total population in the same area.
(7) As nearly as practicable one-half but not exceeding one-half of the total number of offices, reserved under sub-section (6), shall be reserved by rotation in such manner as may be prescribed, for women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the Case may be.
(8) As nearly as practicable one-half but not exceeding one-half of the total number of offices including the offices reserved for women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes under sub-section (7) shall be reserved for women by rotation in such manner as may be prescribed.
(9) For the purpose of reservation under sub-sections (6), (7) and (8) preference shall be given to reservation of the offices of the Sabhapari and after such reservation, offices of the Sahakari Sabhapari shall not be reserved in the same Panchayat Samiti, in the same term of General Elections.
(10) Notwithstanding anything contained in this section, if in a district for any term of election, the number of offices of Sahakari Sabhapari, available for reservation after exclusion of the Panchayat Samiris where offices of the Sabhapari have been reserved for that term of election, is less than the number of offices determined under sub-section (6) or sub-section (7) or sub-section (8), such number of offices of the Sahakari Sabhapari as are available for reservation shall be reserved for that term of election, and the number of offices determined under sub-section (6) or subsection (7) or sub-section (8), as the case may be, shall be deemed to be redetermined accordingly.
Explanation. - A member of the Scheduled Castes or the Scheduled Tribes or the Backward Classes or Women shall not be disqualified to hold an office of the Pradhan, Upa-Pradhan, Sabhapati or Sahakari Sabhapati not reserved for the Scheduled Castes, the Scheduled Tribes, the Backward Classes or Women, as the case may be, if such member is otherwise qualified to hold such office under this Act.
### 19. Reservation of office bearers of Zilla Parishnd or Siliguri Mahakuma Parishnd.
(1) Offices of the Sabhadhipati and Sahakari Sabhadhipati of the Zilla Parishads or the Siliguri Mahakuma Parishad shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes by rotation in such manner, as may be prescribed, and the number of offices so reserved shall bear, as nearly as may ' be, the same proportion with the total number of the offices of the Sabhadhipati and the Sahakari Sabhadhipati in the State as the population of the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be, in the Blocks under the jurisdiction of all Zilla Parishads and the Siliguri Mahakuma Parishad within the State bears with total population in the same area.
(2) As nearly as practicable one-half but not exceeding one-half of the total number of offices, reserved under sub-section (I), shall be reserved by rotation in such manner as may be prescribed, for women belonging to the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be.
(3) As nearly as practicable one-half but not exceeding one-half of the total number of offices including the offices reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes under sub-section (2) shall be reserved for Women by rotation in such manner, as may be prescribed.
(4) For the purpose of reservation under sub-sections (1), (2) and (3) preference shall be given to reservation of the offices of the Sabhadhipati and after such reservation, offices of the Sahakari Sabhadhipari shall not be reserved in the same Zilla Parishad or the Siligiri Mahakuma Parishad, as the case may be, in the same term of General Elections.
(5) Notwithstanding anything contained in this section, if in a district, for any term of election, the number of offices of the Sahakari Sabhadhipati, available for reservation after exclusion of the Zilla Parishads or the Siliguri MahakumlJ Parishad, as the case 'may be, where offices of the Sabhadhipati have been reserved for that term of election, is less than the number of offices determined under sub-section (I) or sub-section (2) or sub-section (3), such number of offices of the Sahakari Sabhadhipati as are available shall be reserved for that term of election, and the number of offices determined under sub-section (I) or sub-section (2) or subsection (3), as the case may be, shall be deemed to be redetermined accordingly.
Explanation. - A member of the Scheduled Castes or the Scheduled Tribes or the Backward Classes or Women shall not be disqualified to hold an office of the Sabhadhipati or Sahakari Sabhadhipati not reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes or Women, as the case may be, if such member is otherwise qualified to hold such office under this Act.]
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18. Reservation of seats for office bearers ofGram PanchayatandPanchayat Samiti.- (1) Offices of the 'Pradhan' and 'Upa-pradhan' inGram Panchayats in a district shall be reserved for the Scheduled Castes and the Scheduled Tribes by rotation in such manner as may be prescribed and the number of the offices so reserved shall bear, as nearly as may be, the same proportion with the total number of the offices of the 'Pradhan' or the 'Upa-Pradhan', as the case may be, in the district as the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, in all the Blocks within the district bears with the total population in the same area.
(2) Not less than one-third of the total number of offices reserved under sub-section (1) shall be reserved by rotation in such manner as may be prescribed, for Women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be.
(3) Not less than one-third of the total number of offices, including the seats reserved for Women belonging to the Scheduled Castes and the Scheduled Tribes under sub-section (2) shall be reserved for Women by rotation in such manner, as may be prescribed.
(4) For the purpose of reservation under sub-sections (1), (2) and (3) preference shall be given to reservation of the offices of thePradhanand after such reservation, offices of theUpa-Pradhanshall not be reserved in the sameGram.
(5) Notwithstanding anything contained elsewhere in this Act, if in a district, for any term of election, the number of offices of theUpa-Pradhan, available for reservation after exclusion of theGramswhere offices of thePradhanhave been reserved for that term of election, is less than the number of offices determined under sub-section (1) or sub-section (2), or sub-section (3), such number of offices of theUpa-Pradhanas are available for reservation shall be reserved for that term of election, and the number of offices determined under sub-section (1) or sub-section (2) or sub-section (3), as the case may be, shall be deemed to be redetermined accordingly.
(6) Offices of the 'Sabhapati' and the 'Sahakari Sabhapati' inPanchayat Samitis in a district shall be reserved for the Scheduled Castes and the Scheduled Tribes by rotation in such manner, as may be prescribed, and the number of the offices so reserved shall bear, as nearly as may be, the same proportion with the total number of the offices of theSabhapatiand the 'Sahakari Sabhapati', as the case may be, in the district as the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, in all the Blocks within the districts bears with the total population in the same area.
(7) Not less than one-third of the total number of offices, reserved under sub-section (6), shall be reserved by rotation in such manner as may be prescribed, for Women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be.
(8) Not less than one-third of the total number of offices including the seats reserved for Women belonging to the Scheduled Castes or Scheduled Tribes under sub-section (7) shall be reserved for Women by rotation in such manner as may be prescribed.
(9) For the purpose of reservation under sub-sections (6), (7) and (8) preference shall be given to reservation of the offices of theSabhapatiand after such reservation, offices of theSahakari Sabhapatishall not be reserved in the same Block.
(10) Notwithstanding anything contained in this Act, if in a district for any term of election, the number of offices ofSahakari Sabhapati, available for reservation after exclusion of the Blocks where offices of theSabhapatihave been reserved for that term of election, is less than the number of offices determined under sub-section (6) or sub-section (7) or sub-section (8), such number of offices of theSahakari Sabhapatias are available for reservation shall be reserved for that term of election, and the number of offices determined under sub-section (6) or sub-section (7) or sub-section (8), as the case may be, shall be deemed to be redetermined accordingly.
Explanation. - A member of the Scheduled Castes or Scheduled Tribes or Women shall not be disqualified to hold an office of the 'Pradhan' 'Upa-Pradhan' 'Sabhapati' or 'Sahakari Sabhapati' not reserved for the Scheduled Castes, Scheduled Tribes or Women, as the case may be, if such member is otherwise qualified to hold such office under this Act.
19. Reservation of office bearers ofZilla ParishadorSiliguri Mahakuma Parishad.- (1) Offices of the 'Sabhadhipati' and 'Sahakari Sabhadhipati' ofZilla Parishadsor theSiliguri Mahakuma Parishadshall be reserved for the Scheduled Castes and the Scheduled Tribes by rotation in such manner, as may be prescribed, and the number of offices so reserved shall bear, as nearly as may be, the same proportion with the total number of the offices of theSabhadhipatiand theSahakari Sabhadhipatiin the State as the population of the Scheduled Castes or the Scheduled Tribes, as the case may be, in the Blocks under the jurisdiction of allZilla Parishads and theSiliguri Mahakuma Parishadwithin the State bears with total population in the same area.
(2) Not less than one-third of the total number of offices, reserved under sub-section (1), shall be reserved by rotation in such manner as may be prescribed, for Women belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be.
(3) Not less than one-third of the total number of offices including the seats reserved for Women belonging to the Scheduled Castes and the Scheduled Tribes under sub-section (2) shall be reserved for Women by rotation in such manner, as may be prescribed.
(4) For the purpose of reservation under sub-sections (1), (2) and (3) preference shall be given to reservation of the offices of theSabhadhipatiand after such reservation, offices of theSahakari Sabhadhipatishall not be reserved in the sameZilla Parishador theSiliguri Mahakuma Parishad, as the case may be.
(5) Notwithstanding anything contained in this Act, if in a district, for any term of election, the number of offices of theSahakari Sabhadhipati, available for reservation after exclusion of theZilla Parishads or theSiliguri Mahakuma Parishad, as the case may be, where offices of theSabhadhipatihave been reserved for that term of election, is less than the number of offices determined under sub-section (1) or sub-section (2) or sub-section (3), such number of offices of theSahakari Sabhadhipatias are available shall be reserved for that term of election, and the number of offices determined under sub-section (1) or sub-section (2) or sub-section (3), as the case may be, shall be deemed to be redetermined accordingly.
Explanation. - A member of the Scheduled Castes or the Scheduled Tribes or Women shall not be disqualified to hold an office of theSabhadhipatiorSahakari Sabhadhipatinot reserved for the Scheduled Castes, Scheduled Tribes or Women, as the case may be, if such member is otherwise qualified to hold such office under this Act.
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### 20. Co-option of persons in respective category.
- In case of nonavailability of persons of reserved category for filling up the office of Pradhan or Upa-Pradhan, Sabhapati or Sahakari Sabhapati and Sabhadhipati or Sahakari Sabhadhipati so reserved, a person of that reserved category may be co-opted to fill up of that office after swearing in an oath of affirmation before the authority as may be specified:
Provided that such person so co-opted shall have to be elected within six months from the date of his co-option in regard to that office against a suitable casual vacancy of that body:
Provided further that the person so co-opted shall have the powers and obligations of an ordinary member.
Part IV – Chapter V
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Administrative Machinery for Election
### 21. Officers.
- The officers for the purpose of election, shall be appointed in accordance with the provisions of section 6 of the West Bengal State Election Commission Act, 1994, and they shall exercise powers and perform functions in accordance with the provisions of this Act and the West Bengal State Election Commission Act, 1994.
### 22. General duties of the District Panchayat Election Officer.
(1) The District Panchayat Election Officer shall, subject to the superintendence, direction and control of the Commission, co-ordinate and supervise all work within his jurisdiction in connection with the preparation and revision of electoral rolls for, and conduct of, all elections to the Panchayats.
(2) The District Panchayat Election Officer shall perform such other functions as may be entrusted to him by the Commission.
### 23. Panchayat Returning Officer.
(1) There shall be a Panchayat Returning Officer, appointed in accordance with the provisions of sub-section (1) of section 6 of the West Bengal State Election Commission Act, 1994 for every constituency to fill up a seat or seats in the Panchayats.
(2) The Panchayat Returning Officer, subject to the direction and control of the Commission, shall do all such acts and things as may be necessary for effectually conducting the election in the manner provided under this Act.
### 24. Assistant Panchayat Returning Officer.
- The District Panchayat Election Officer shall, subject to the direction and control of the Commission appoint, from amongst the officers of the State Government, as many Assistant Panchayat Returning Officers as may be necessary, for one or more Zilla Parishad or Siliguri Mahakuma Parishad constituencies within a sub-division of a district and for one or more Panchayat Samiti and Gram Panchayat constituencies within a Block. Every Assistant Panchayat Returning Officer shall, subject to the direction and control of the Panchayat Returning Officer, exercise all or any of the powers and perform all or any of the functions of the Panchayat Returning Officer, as may be prescribed.
### 25. Panchayat Electoral Registration Officer.
- The Commission shall, in consultation with the State Government and by notification, appoint, from amongst the officers of the State Government a Panchayat Electoral Registration Officer of the Blocks comprising a sub-division of a district. Every Panchayat Electoral Registration Officer shall, subject to the direction and control of the Commission and the District Panchayat Election Officer, prepare and, as and when necessary, revise the electoral rolls for election to the Panchayats.
### 26. Assistant Panchayat Electoral Registration Officer.
- The District Panchayat Election Officer shall, subject to the direction and control of the Commission, appoint, from amongst the officers of the State Government, as many Assistant Panchayat Electoral Registration Officers as may be necessary for each sub-division of a district or any administrative division thereof. Every Assistant Panchayat Electoral Registration Officer shall, subject to the direction and control of the Panchayat Electoral Registration Officer, be competent to exercise all or any of the powers and functions of the Panchayat Electoral Registration Officer as may be prescribed.
### 27. Polling stations.
- The District Panchayat Election Officer shall, subject to such direction as may be issued by the Commission, provide sufficient number of polling stations for each constituency for election of members of Gram Panchayat, Panchayat Samiti, Zilla Parishad or Siliguri Mahakuma Parishad and shall, not later than twelve days before the date of poll, publish a list showing the polling stations for the areas for which they would be set up, and shall forward a copy of the list to the Commission.
### 28. Appointment of Presiding Officer and polling officers.
(1) Subject to the provisions of sub-section (5) of section 6 of the West Bengal State Election Commission Act, 1994, the Panchayat Returning Officer shall, with the prior approval of the District Panchayat Election Officer, appoint a Presiding Officer for each polling station and such number of polling officer or officers to assist the Presiding Officer as he thinks necessary but shall not appoint any person who has been employed by, or on behalf of, or has been otherwise working for, a candidate in or about the election as a Presiding Officer or a polling officer:
Provided that if any polling officer is absent from the polling station, the Presiding Officer may appoint in his place any person who is present at the polling station other than a person who has been employed by, or on behalf of, or has been otherwise working for, a candidate in or about the election to be the polling officer and shall, when such appointment is made, inform the Panchayat Returning Officer accordingly.
(2) A polling officer shall, if so directed by the Presiding Officer, perform all or any of the functions of a Presiding Officer under this Act or the rules made thereunder.
(3) If the Presiding Officer, owing to illness or for other unavoidable causes, is obliged to absent himself from performing his functions in the polling station, his functions shall be performed by such polling officer as has been previously authorised by the Panchayat Returning Officer to perform such function during such absence.
(4) In the event of simultaneous election of members to Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad, or in the case of any of the two simultaneous elections, as the case may be, the same set of persons referred to in sub-section (1) shall be appointed as Presiding or polling officers to conduct the poll.
Explanation. - A Presiding Officer shall, unless the context otherwise requires, be deemed to include a person performing any function which he is authorised to perform under sub-section (2) or sub-section (3), as the case may be.
### 29. General duty of Presiding Officer.
- Subject to the general guidance, superintendence and control of the Panchayat Returning Officer, it shall be the general duty of the Presiding Officer, at a polling station, to keep peace and order therein and to see that the poll is fairly taken and counting of votes is done.
### 30. Duties of polling officer.
- It shall be the duty of a polling officer at a polling station to assist the Presiding Officer for such polling station.
Part V – Chapter VI
---------------------
Electoral Rolls
### 31. Preparation of electoral roll.
- Subject to the provisions of section 4 of the West Bengal State Election Commission Act, 1994, the Panchayat Electoral Registration Officer shall prepare and revise an electoral roll for each Block within his jurisdiction:
Provided that an electoral roll shall consist of Parts relating to the Gram Panchayat constituencies delimited for the last general elections, and such Parts shall be assigned consecutive serial numbers:
Provided further that there shall be one electoral roll in any area for elections from Gram Panchayat, Panchayat Samiti and Zilla Parishad or Siliguri Mahakuma Parishad constituencies:
Provided also that the names of electors in each Part of the electoral roll shall be arranged according to mahalla, para or house number unless the District Panchayat Election Officer, subject to any general or special order by the Commission, determines in respect of any Part that the alphabetical order is more convenient or that the names shall be arranged partly in one way and partly in another.
### 32. Eligibility for registration.
(1) Unless disqualified under the provisions of section 16 of the Representation of the People Act, 1950, every person in a constituency who -
(a) is not less than 18 years of age on the qualifying date, and
(b) is ordinarily a resident in that constituency, shall be entitled to be registered in the electoral roll pertaining to that constituency.
(2) No person shall be entitled to be registered in the electoral roll for more than one constituency.
(3) No person shall be entitled to be registered in the electoral roll for any constituency more than once.
### 33. Meaning of 'ordinarily resident'.
- If, in any case, a question arises as to whether a person is ordinarily resident of any area at any relevant time, the question shall be determined by reference to all the facts of the case and such determination shall be made subject to the provisions of sub-sections (1) to (6) of section 20 of the Representation of the People Act, 1950.
### 34. Preparation, publication and revision of electoral roll.
(1) The electoral roll for each Block shall be prepared with reference to a qualifying date as may be specified, by an order, by the Commission and shall come into force immediately upon its final publication after at least fifteen days of the publication of the draft of such electoral roll.
(2) The electoral roll for a Block shall, -
(a) unless otherwise directed by the Commission and for reasons to be recorded in writing, be revised, wholly or in part, with reference to the qualifying date referred to in sub-section (1) -
(i) before each general election to any Panchayat, and
(ii) before each by-election to fill a casual vacancy in a seat allotted to the constituency, and
(b) notwithstanding anything contained in clause (a), be revised in any year, if such revision has been directed by the Commission, with reference to a qualifying date as may be specified in such direction.
(3) Notwithstanding anything contained in sub-section (2), the Commission may at any time, for reasons to be recorded in writing, direct a special revision of the electoral roll for any Block or a part thereof in such manner as it thinks fit:
Provided that subject to the other provisions of this Act, the electoral roll for a Block, as in force at the time of issue of any such direction, shall continue to be in force until the completion of the special revision so directed.
### 35. Adoption of Assembly electoral roll.
- Notwithstanding anything contained in section 34, if the Commission may, by order in writing, adopt the electoral roll meant for election of members to the West Bengal Legislative Assembly, for the time being, to such extent, and in such manner, as may be specified in the order for the purpose of any election to the Panchayats from any Block.
### 36. Correction of entries in electoral roll.
- If the Panchayat Electoral Registration Officer for a Block, on an application made to him or in his own motion, is satisfied after such enquiry, as he thinks fit, that any entry in any part of an electoral roll of a constituency -
(a) is erroneous or defective in any particular, or
(b) should be transposed to another place in the electoral roll on the ground that the person concerned has changed his place of ordinary residence within the jurisdiction of such constituency, or
(c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in such constituency or is otherwise not entitled to be registered in that electoral roll,
the Panchayat Electoral Registration Officer shall, subject to such general or special directions, if any, as may be given by the Commission in this behalf, amend, transpose or delete the entry in such part of the electoral roll:
Provided that the Panchayat Electoral Registration Officer, before taking any action on any ground under clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to be ordinarily resident within the constituency or that he is otherwise not entitled to be registered in the electoral roll of that constituency, shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him.
### 37. Inclusion of names in electoral roll.
(1) Any person whose name is not included in the electoral roll of a Block may apply to the Panchayat Electoral Registration Officer in the prescribed Form for inclusion of his name in the electoral roll.
(2) The Panchayat Electoral Registration Officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein:
Provided that if name of the applicant is registered in the electoral roll of any Municipality or any other Panchayat, the Panchayat Electoral Registration Officer shall inform the Municipal Electoral Registration Officer of that Municipality or the Panchayat Electoral Registration Officer of the other Panchayat to that effect and the Municipal Electoral Registration Officer of that Municipality or the Panchayat Electoral Registration Officer of that other Panchayat, as the case may be, shall on receipt of the information, strike off the applicant's name from the electoral roll.
(3) No direction for amendment, transposition or deletion of any entry shall be made under section 36, and no direction for the inclusion of a name in the electoral roll of a constituency under section 37, shall be given under this section after the last date for making nominations for an election in that constituency and before the completion of such election.
### 38. Bar to jurisdiction of the Civil Courts.
- No Civil Court shall have the jurisdiction -
(a) to entertain or adjudicate upon any question whether any person is, or is not, entitled to be registered in an electoral roll for a constituency; or
(b) to question the legality of any action by, or under, the authority of a Panchayat Electoral Registration Officer or of any decision given by any authority appointed under this Act for preparation or adoption of any such electoral roll, as the case may be.
### 39. Punishment for false declaration.
- If any person 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 know or 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 year or with fine or with both.
### 40. Appeal.
- An appeal shall lie within such time, and in such manner, as may be prescribed to the District Panchayat Election Officer from any order of the Panchayat Electoral Registration Officer under section 36 or section 37.
### 41. Fees for applications and appeals.
- Every application under section 36 or section 37 and every appeal under section 40 shall be accompanied by the prescribed fee which shall in no case be refunded.
Part VI – Conduct of Elections.
---------------------------------
Chapter VII
Nomination of Candidates
-----------------------------------------
### 42. Notification for election.
- The State Government shall, in consultation with the Commission, by notification, appoint the date or dates and hour or hours of poll for any election or bye-election.
### 43. Appointment of dates of various stages of election.
- After the issue of the notification under section 42, the Commission shall, by notification, appoint the dates for various stages of election in the manner as follows:-
(a) the last date for making nomination which shall be not later than twenty-one days but earlier than thirty-five days before the date fixed for the poll;
(b) the date for the scrutiny of nominations, which shall be the second day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(c) the last date for withdrawal of candidature, which shall be the third day immediately following the date for scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(d) the date on which a poll shall, if necessary, be taken; and
(e) the date before which the election shall be completed:
Provided that the Commission may, for reasons which it considers sufficient, extend, by notification, the date for completion of any election.
### 44. Public notice of election.
- On the issue of a notification under section 43, the District Panchayat Election Officer shall, in such manner as may be prescribed give public notice of the intended election inviting the nomination of candidates for such election and specifying the place at which the nomination papers are to be delivered.
### 45. Nomination of candidates.
- Any person may be nominated as a candidate for election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of this Act or the rules made thereunder.
### 46. Presentation of nomination papers and requirement for valid nomination.
(1) On or before the date appointed under clause (a) of section 43 each candidate shall, either in person or by his proposer, between the hours as may be prescribed, deliver, to the Panchayat Returning Officer at the place specified in this behalf in the notice issued under section 44, a nomination paper completed in the prescribed form and signed by the candidate and by a voter of the constituency as proposer:
Provided that no nomination paper shall be delivered to the Panchayat Returning Officer on a day which is a public holiday.
(2) Without prejudice to the generality of the provisions contained in sub-section (1), if the Commission, on receipt of complaints from the intending candidates or the recognized political parties, either from or through the District Panchayat Election Officer or its own machinery or any other agency, is satisfied that there is reasonable apprehension of prevention of, or obstruction to, the intending candidates from making nominations at the place or before the authority for the Gram Panchayat and Panchayat Samiti constituencies specified in the notice under section 44, the Commission may, by order, issue a direction to the Panchayat Returning Officer appointed for any Block, to depute one Assistant Panchayat Returning Officer at the office of the Sub-Divisional Officer having jurisdiction, for receiving nomination papers within the specified date and hour from the intending candidates for one or more Gram Panchayat or Panchayat Samiti constituencies, as the case may be:
Provided that the Commission may also, by the said order, extend the last date for making nomination for one day and also direct that all the nomination papers received under sub-sections (1) and (2) for any Gram Panchayat or Panchayat Samiti constituency, as the case may be, shall be taken up by the Panchayat Returning Officer for scrutiny of all such nomination papers, at one sitting, one after another, in terms of the notice under section 44:
Provided further that on receipt of such order of the Commission, the Panchayat Returning Officer shall arrange to display a notice accordingly in his office and in the office of the Sub-Divisional Officer and District Panchayat Election Officer and shall also arrange for wide publicity within the polling area.
(3) [ The nomination paper for any seat, reserved for a candidate of the Scheduled Castes or the Scheduled Tribes or the Backward Classes, shall be accompanied by a copy of certificate of the Scheduled Castes or the Scheduled Tribes or the Backward Classes, granted by a competent authority and that the original copy of such certificate shall be produced at the time of making delivery of such nomination paper to the Panchayat Returning Officer.
Explanation. - The expression "competent authority" shall mean the authority competent to issue certificate under any specific provision of any Act or Rule or any order or notification issued by the State Government from time to time and is in force for the time being.]
[Substituted by Act No. 23 of 2012, dated 24.8.2012.]
(4) Where the candidate is a person who having held any office referred to in section 9 of the Representation of the People Act, 1951 has been dismissed and a period of five years has not elapsed since such dismissal, such person shall not be qualified to be nominated as a candidate.
(5) Any person whose name is entered in the electoral roll of a constituency for which the candidate has been nominated, and who is not otherwise disqualified, may subscribe as a proposer and he shall not subscribe as a proposer for more than one nomination:
Provided that where in a constituency more than one seat are to be filled up, such person may subscribe as proposer for such number of nomination papers as there are seats to be filled up in that constituency.
(6) On the presentation of a nomination paper, the Panchayat Returning Officer shall satisfy himself that the names and serial numbers in the electoral roll of the candidate and his proposer, as entered in the nomination paper, are the same as those entered in the electoral rolls:
Provided that no misnomer or inaccurate description or clerical, technical or printing error in regard to the name of the candidate or his proposer, or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to serial numbers in the electoral roll of any such person or the nomination paper, shall effect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood, and the Panchayat Returning Officer shall permit any such misnomer or inaccurate description or clerical, technical or printing error to be corrected in order to bring them in conformity with the corresponding entries in the list of voters, and where necessary, direct that any such misnomer, inaccurate description, clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.
(7) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper:
Provided that not more than four nomination papers shall be presented by, or on behalf of, any candidate or accepted by the Panchayat Returning Officer.
(8) Failure to complete or a defect in the declaration as to symbol shall not be deemed to be a defect of substantial character within the meaning of sub-section (4) of section 49.
### 47. Deposits.
- A candidate shall not be deemed to be declared nominated for election from a constituency unless he deposits or causes to be deposited in cash with the Panchayat Returning Officer concerned -
(a) in the case of an election from a seat in a constituency of a Gram Panchayat, a sum of rupees one hundred and fifty, or where the candidate is a member of Scheduled Castes or Scheduled Tribes [or Backward Classes]
[Substituted by Act No. 23 of 2012, dated 24.8.2012.]
or is a Woman, a sum of rupees seventy-five;
(b) in the case of an election from a constituency of a Panchayat Samiti, a sum of rupees five hundred or where the candidate is a member of Scheduled Castes or Scheduled Tribes [or Backward Classes]
[Substituted by Act No. 23 of 2012, dated 24.8.2012.]
or is a Woman rupees two hundred and fifty; and
(c) in the case of an election from a constituency of a Zilla Parishad or the Siliguri Mahakuma Parishad, a sum of rupees one thousand or where the candidate is a member of Scheduled Castes or Scheduled Tribes [or Backward Classes]
[Substituted by Act No. 23 of 2012, dated 24.8.2012.]
or is a Woman, a sum of rupees five hundred:
Provided that where a candidate has been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him under this section.
### 48. Notice of nomination and the time and place for their scrutiny.
- The Panchayat Returning Officer shall on receiving the nomination paper under sub-section (1) of section 46, inform the person or persons delivering the same of the date, time and place fixed for the scrutiny of nominations, and shall incorporate in the nomination paper its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and of the proposer.
### 49. Scrutiny of nominations.
(1) On the date fixed for the scrutiny of nominations under section 48 the candidates or their election agents, and such other persons as may be prescribed, may attend at such time and place as the Panchayat Returning Officer may appoint; and the Panchayat Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time, and in the manner, laid down in section 46.
(2) The Panchayat Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary enquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds:-
(a) that on the day fixed for the scrutiny of nominations the candidate either is not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely:-
(i) article 243F of the Constitution of India, and
(ii) Part II of this Act;
(b) that there has been a failure to comply with any of the provisions of section 45 or section 46, or section 47;
(c) that the signature of the candidate or the proposer on the nomination paper is not genuine;
(d) that the proposer is not a voter of the constituency concerned.
(3) Nothing contained in clause (a) or clause (b) or clause (c) of sub-section (2) shall be deemed to authorise the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.
(4) The Panchayat Returning Officer shall not reject any nomination paper , on the ground of any defect which is not of a substantial character.
(5) The Panchayat Returning Officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of section 43 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control:
Provided that in case an objection is raised by the Panchayat Returning Officer or is made by any other person, the candidate concerned may be allowed time to rebut it not later than the next day following the date fixed for scrutiny, and the Panchayat Returning Officer shall record his decision on the date to which the proceedings have been adjourned.
(6) The Panchayat Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection.
(7) For the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force of a constituency shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the Representation of People Act, 1950.
(8) Immediately after all the nomination papers have been scrutinized and decisions accepting or rejecting the same have been recorded, the Panchayat Returning Officer shall prepare a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid, and affix it on his notice board.
### 50. Withdrawal of candidature.
(1) Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as may be prescribed and shall be subscribed by him and delivered before three O'clock in the afternoon on the day fixed under clause (c) of section 43 to the Panchayat Returning Officer either by such candidate in person or by his proposer or election agent who has been authorised in this behalf in writing by such candidate.
(2) No person who has given a notice of withdrawal of his candidature under sub-section (1) shall be allowed to cancel the notice.
(3) The Panchayat Returning Officer shall, on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his office.
### 51. Preparation of list of contesting candidates and allotment of symbol.
(1) Immediately after the expiry of the period within which candidature may be withdrawn under section 50, the Panchayat Returning Officer shall prepare, in the prescribed manner, a list of contesting candidates whose nominations have been finally accepted and who have not withdrawn their candidature.
(2) The said list shall contain the names in alphabetical order and the addresses of the contesting candidates as given in the nomination papers and shall be prepared in Nepali and English in the hill areas and in Bengali and English in other areas.
(3) The alphabetical order as referred to in sub-section (2) shall be determined with reference to the surnames of the candidates where the surnames are written first. In other cases, proper names of the candidates shall be considered for determining the alphabetical order.
(4) Where a poll becomes necessary, the Panchayat Returning Officer shall consider the choice of symbols expressed by the contesting candidates in their nomination papers and shall, -
(a) allot a different symbol to each contesting candidate in conformity, as far as practicable, with his choice;
(b) if more than one contesting candidate have indicated their preference for the same symbol, decide by lot to which of the candidates the symbols will be allotted; and
(c) allot symbol to a candidate set up by a recognised political party or a local political party reserved for that party, as the case may be, if a declaration to that effect has been made by the candidate in his nomination paper and a notice in writing has been issued by the prescribed authority of the recognised political party or local political party in such manner as may be prescribed.
(5) The allotment of any symbol by the Panchayat Returning Officer to a candidate shall be final.
(6) Every candidate or his election agent shall forthwith be informed of the symbol allotted to him and be supplied with specimen thereof by the Panchayat Returning Officer.
### 52. Publication of list of contesting candidates.
- Immediately after the allotment of symbols under section 51, the Panchayat Returning Officer shall, in the prescribed form, cause a list of contesting candidates to be published whose names are included in the list of validly nominated candidates and who have not withdrawn their candidature. The list shall be affixed on the notice board in his office and also supply a copy thereof to each of the contesting candidates or his election agent.
Chapter VIII
Candidates and their Agents
---------------------------------------------
### 53. Appointment of election agents.
- A candidate at an election may appoint, in the prescribed manner, any one person other than himself to be his election agent and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the Panchayat Returning Officer.
### 54. Disqualification for being an election agent.
- Any person who is, disqualified under the Act shall not be eligible for appointment as an election agent.
### 55. Revocation of appointment, or death, of an election agent.
(1) The appointment of the election agent may be revoked by the candidate at any time by a declaration in writing to be signed by the candidate and lodged with the Panchayat Returning Officer. Such revocation shall take effect from the date on which it is so lodged.
(2) In the event of such revocation or of the death of an election agent before or during the election, the candidate may appoint, in the prescribed manner, any person to be his election agent and when such appointment is made, notice of the appointment shall be given in the prescribed manner, to the Panchayat Returning Officer.
### 56. Functions of election agent.
- An election agent shall perform such functions in connection with the election as are authorised by or under this Act to be performed by an election agent.
### 57. Appointment of polling agent.
(1) A contesting candidate or his election agent may appoint in the prescribed manner such number of agents and relief agents as may be prescribed to act as polling agents of such candidate at each polling station.
(2) The candidate or his election agent shall deliver the duplicate copy of the letter of appointment to the polling agent who shall, on the date fixed for the poll, present it to, and sign the declaration contained therein before the Presiding Officer and the Presiding Officer shall retain the duplicate copy presented to him in his custody. No polling agent shall be allowed to perform any duty at the polling station unless he has complied with the provisions of this sub-section.
### 58. Appointment of counting agent.
(1) A contesting candidate or his election agent may appoint such number of persons, as may be prescribed, as his counting agents to be present at the counting of votes, and notice of such appointment shall be given in the prescribed manner to the Panchayat Returning Officer.
(2) Before the commencement of the counting of votes, the candidate or his election agent shall deliver the copy of the appointment of such counting agent to the Presiding Officer concerned.
(3) The candidate or his election agent shall also deliver the duplicate copy of the letter of appointment to the counting agent who shall, on the date fixed for the counting of votes, present it to, and sign declaration contained therein, before the Presiding Officer. The Presiding Officer shall retain the duplicate copy presented to him, in his custody. No counting agent shall be allowed to perform any duty at the place fixed for the counting of votes, unless he has complied with the provisions of this sub-section.
### 59. Revocation of the appointment, or death, of a polling agent or counting agent.
(1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the Panchayat Returning Officer, and in the event of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his election agent may appoint, in the prescribed manner, another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment, in the prescribed manner, to the Panchayat Returning Officer.
(2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the Panchayat Returning Officer, and in the event of such revocation or of the death of a counting agent before the commencement of the counting of votes the candidate or his election agent may appoint, in the prescribed manner, another counting agent at any time before the counting of votes is commenced and shall forthwith give notice of such appointment, in the prescribed manner, to the Panchayat Returning Officer.
### 60. Functions of polling agents and counting agents.
(1) A polling agent may perform such functions in connection with the poll as are authorised by or under this Act, to be performed by a polling agent.
(2) A counting agent may perform such functions in connection with the counting of votes as are authorised by or under this Act to be performed by a counting agent.
### 61. Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent.
(1) At every election where a poll is taken, each contesting candidate at such election and his election agent shall have a right to be present at any polling station provided under section 27 for the taking of the poll.
(2) A contesting Candidate or his election agent may himself do any act or thing which any polling agent or the counting agent of such contesting candidate if appointed, would have beer authorised by or under this Act to do, or may assist any polling agent or the counting agent of such contesting candidate in doing any such act or thing.
### 62. Non-attendance of polling or counting agents.
- Where any act or thing is required or authorised by or under this Act to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
### 63. Death of candidate before poll.
- If a candidate whose nomination has been found valid on scrutiny under section 49 and who has not withdrawn his candidature under section 50 dies and a report of his death is received before the publication of the list of contesting candidates under section 52, or if a contesting candidate dies and a report of his death is received before the commencement of the poll, the Panchayat Returning Officer shall, upon being satisfied of the fact of the death of the candidate, announce countermanding of the poll and report the fact to the Commission and also to the District Panchayat Election Officer concerned and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election:
Provided that no further nomination shall be necessary in the case of a person who was a contesting candidate at the time of the countermanding of the poll:
Provided further that no person who has given a notice of withdrawal of his candidature under sub-section (1) of section 50 before the countermanding of the poll shall be ineligible for being nominated as a candidate for the election after such countermanding.
### 64. Procedure in contested and uncontested elections.
- If, at any election to a Gram Panchayat, Panchayat Samiti, Zilla Parishad or Siliguri Mahakuma Parishad, -
(a) the number of contesting candidates is more than the number of seats to be filled in a constituency, a poll shall be taken,
(b) the number of such candidates is equal to the number of seats to be filled in a constituency, the Panchayat Returning Officer shall forthwith declare in the prescribed manner of all such candidates to be duly elected to fill those seats,
(c) the number of such candidates is less than the number of seats to be filled in a constituency, the Panchayat Returning Officer shall forthwith declare, in the prescribed manner, all such candidates to be duly elected and the Commission shall, by notification in the Official Gazette, call upon the constituency to elect a person or persons to fill the remaining seat or seats:
Provided that where the constituency having already been called upon under this sub-section, has failed to elect a person or the requisite number of persons, as the case may be, to fill the vacancy or vacancies, the Commission shall not be bound to call again upon the constituency, to elect a person or persons until it is satisfied that if called upon again, there will be no such failure on the part of the constituency.
Chapter IX
Poll
--------------------
### 65. Fixing the time of poll.
- The hours during which the poll will be taken shall be fixed in accordance with the provisions of section 8 of the West Bengal State Election Commission Act, 1994.
### 66. Adjournment of poll in emergencies.
(1) If, at an election, the proceedings at any polling station provided under section 27 for the poll are interrupted or obstructed by any riot or open violence, or if at any election it is not possible to take the poll at any polling station on account of any natural calamity, or any other sufficient cause, the Presiding Officer for such polling station at the material point of time shall announce an adjournment of the poll to a date to be notified later and where the poll is so adjourned by a Presiding Officer, he shall forthwith inform the Panchayat Returning Officer concerned.
(2) Whenever a poll is adjourned under sub-section (1), the Panchayat Returning Officer shall immediately send a report stating the circumstances under which the poll is adjourned to the District Panchayat Election Officer and the Commission. On receipt of the report, the District Panchayat Election Officer shall immediately send a detailed report to the Commission. The Commission shall, by notification, fix the date on which, and the hours at which, the adjourned poll shall recommence and the District Panchayat Election Officer shall fix the polling station at which the poll shall be taken.
### 67. Fresh poll in the case of destruction, etc., of ballot boxes.
(1) If at any election -
(a) any ballot box or any ballot paper used or intended to be used at a polling station at any time before or after the commencement of poll or during counting is unlawfully taken out of the custody of the Presiding Officer, or is accidentally or intentionally destroyed or is lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station cannot be ascertained, or
(b) any voting machine develops a mechanical failure during the course of the recording of votes; or
(c) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station,
the Presiding Officer shall forthwith report the matter to the Panchayat Returning Officer and the Panchayat Returning Officer shall forthwith report to the District Panchayat Election Officer.
(2) Thereupon, the District Panchayat Election Officer shall, after taking all material circumstances into account, either -
(a) declare the poll at that polling station to be void; or
(b) if satisfied that the result of a fresh poll at that polling station will not in any way, affect the result of the election or that the error or irregularity in procedure is not material, issue such directions to the Panchayat Returning Officer as he may deem proper for further conduct and completion of the election:
Provided that on any such occasion referred to in clause (a) or (b), the District Panchayat Election Officer shall send a complete report to the Commission.
(3) The Commission may, -
(a) on receipt of any of the reports referred to in sub-section (2) -
(i) accept the report and proceed in terms of sub-section (4) or allow completion of the election; or
(ii) modify in any manner, as it deems fit, the order or the directions referred to in sub-section (2) by an order specifying its decision and the action thereon;
(b) in consideration of the report of the material circumstances obtained from or through the District Panchayat Election Officer, its own machinery or any other agency, may issue any order in terms of sub-section (2) and upon issue of such order, the poll at a polling station may be void and provisions of sub-section (4) shall apply mutatis mutandis.
(4) Where a poll at a polling station is declared to be void under clause (a) of sub-section (2), the District Panchayat Election Officer shall immediately report the matter to the Commission and also to the State Government. The Commission shall, by notification, fix a date and time for taking the fresh poll and thereupon the District Panchayat Election Officer shall fix the polling station at which poll shall be taken.
### 68. Adjournment of poll or countermanding of election on the ground of booth capturing.
(1) If at any election -
(a) booth capturing has taken place at a polling station or at a place fixed for the poll in such a manner that the result of the poll at that polling station cannot be ascertained; or
(b) booth capturing or snatching or forcible occupation of any polled ballot box or polled ballot paper takes place in any place for counting of votes in such a manner that the result of the counting at that place cannot be ascertained, the Panchayat Returning Officer shall forthwith report the matter to the District Panchayat Election Officer, and on receipt of the said report the District Panchayat Election Officer shall immediately send a report to the Commission.
(2) The Commission shall, on receipt of the report from the District Panchayat Election Officer under sub-section (1) and after taking all material circumstances into account, either -
(a) declare that the poll at that polling station be void, appoint a day, and fix the hours, for taking fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit, or
(b) countermand the election in that constituency, provided the Commission is satisfied that in view of the large number of polling stations involved in booth capturing, the result of the election is likely to be affected, or that booth capturing had affected counting of votes in such manner as to affect the result of the election.
Explanation. - In this section, "booth capturing" has the same meaning as in section 135A of the Representation of the People Act, 1951.
### 69. Manner of voting at elections.
- At every election where a poll is taken, votes shall be given by ballot in such manner as may be prescribed, and no votes shall be received by proxy.
### 70. Safeguard against personation.
- With a view to preventing personation of electors, provision may be made by rules made under this Act -
(a) for the marking with indelible ink of the thumb or any other finger of every elector who applies for a ballot paper or ballot papers for the purpose of voting at a polling station before delivery of such paper or papers to him;
(b) for the production before the Presiding Officer or a polling officer of a polling station by every such elector as aforesaid of his identity card before the delivery of a ballot paper or ballot papers to him if, under the rules made in that behalf under the Representation of the People Act, 1950 electors of the constituency in which the polling station is situated have been supplied with identity cards with or without their respective photographs attached thereto; and
(c) for prohibiting the delivery of any ballot paper to any person for voting at a polling station if at the time such person applies for such paper he has already such a mark on his thumb or any other finger or does not produce on demand his identity card before the Presiding Officer or a polling officer of the polling station.
### 71. Voting machine at election.
- Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the 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 used for giving 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.
### 72. Right to vote.
(1) No person who is not, and except as expressly provided by this Act, every person who is, for the time being entered in the electoral roll of any constituency shall be entitled to vote in that constituency.
(2) No person shall vote at an election in any constituency if he is subject to any of the disqualifications referred to in section 16 of the Representation of the People Act, 1950.
(3) No person shall vote at a general election in more than one constituency of the same class, and if a person votes in more than one such constituency, his votes in all such constituencies shall be void.
(4) No person shall at any election vote in the same constituency more than once, notwithstanding that his name may have been registered in the electoral roll for that constituency more than once, and if he does so vote, all his votes in that constituency shall be void.
(5) No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or otherwise, or is in the lawful custody of the police:
Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.
Chapter X
Counting of Votes
--------------------------------
### 73. Counting of votes.
- At every election where a poll is taken, votes shall be counted by or under the supervision and direction of the Panchayat Returning Officer at such a place as would be determined by State Election Commission and each contesting candidate, his election agent and his counting, agents, shall have a right to be present at the time of counting.
### 74. Destruction, loss etc. of ballot papers at the time of counting.
(1) If, at any time before the counting of votes is completed any ballot papers used at a polling station or at a place fixed for the poll are unlawfully taken out of the custody of the Panchayat Returning Officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, to such an extent that the result of the poll at that polling station or place cannot be ascertained, the Panchayat Returning Officer shall forthwith report the matter to the District Panchayat Election Officer who shall report the matter forthwith to the Commission.
(2) Thereupon, the Commission shall, after taking all material circumstances into account, either -
(a) direct that the counting of votes shall be stopped, declare the poll at that polling station to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling station or place and notify the date so appointed and hours so fixed in such manner as it may deem fit, or
(b) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election, issue such directions to the Panchayat Returning Officer as it may deem proper for the resumption and completion of the counting and for the further conduct and completion of the election in relation to which the votes have been counted.
(3) The provisions of this Act and of any rules made thereunder shall apply to every such fresh poll as they apply to the original poll.
### 75. Equality of votes.
- If, after the counting of the votes is completed, an equality of votes is found to exist between any candidates, and the addition of one vote will entitle any of those candidates to be declared elected, the Panchayat Returning Officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.
### 76. Declaration of result.
- When the counting of the votes has been completed, the Panchayat Returning Officer shall, in the absence of any direction by the Commission to the contrary, forthwith declare the result of the election in the manner provided by this Act or the rules made thereunder.
### 77. Report and publication of the result.
- As soon as may be after the result of an election has been declared, the Panchayat Returning Officer shall report the result to the District Panchayat Election Officer and the Director of Panchayat and Rural Development, West Bengal and the Commission, and the Director of Panchayat and Rural Development, West Bengal shall cause to be published in the Official Gazette the declarations containing the names of the elected candidates.
Part VII – Disputes Regarding Elections
-----------------------------------------
Chapter XI
Interpretation
------------------------------
### 78. Definitions.
- In this Part unless the context otherwise requires, -
(1) "Judge" means:-
(a) for the purpose of elections to the Gram Panchayat and Panchayat Samiti, the Civil Judge having jurisdiction where such elections were held,
(b) for the purpose of elections to a Zilla Parishad or the Siliguri Mahakuma Parishad, the District Judge of the district where such elections were held and includes any Judicial Officer, not below the rank of subordinate judge, subordinate to him to whom the election petition may be transferred by the District Judge;
(2) "candidate" means a person who has been, or claims to have been, duly nominated as a candidate at any election;
(3) "costs" means all costs, charges and expenses of, or incidental to, a trial of an election petition;
(4) "returned candidate" means a candidate whose name has been published as duly elected.
Chapter XII
Presentation of Election Petitions
---------------------------------------------------
### 79. Disputes as to elections.
(1) If any dispute arises as to the validity of an election under this Act, any person entitled to vote at such election may, within thirty days after the date of declaration of the results of such election, file a petition, calling in question such election on one or more of the grounds specified in sub-section (1) of section 93 and section 94 -
(a) before the Civil Judge having jurisdiction where such election is in respect of a Gram Panchayat or a Panchayat Samiti,
(b) before the District Judge of the district, where such election is in respect of a Zilla Parishad or the Siliguri Mahakuma Parishad.
(2) When filing a petition under sub-section (1), the petitioner shall deposit in court, as security for the costs likely to be incurred, -
(a) five hundred rupees, where the petition is filed before the Civil Judge,
(b) one thousand rupees, where the petition is filed before the District Judge.
(3) Every petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition.
(4) The District Judge may transfer any petition filed before him under sub-section (1) to any Judicial Officer subordinate to him not below the rank of a Subordinate Judge.
(5) In dealing with a petition under sub-section (1), the Civil Judge, the District Judge or the Judicial Officer to whom the petition is transferred under sub-section (4) (hereinafter referred to as the Judge) may hold such enquiry as he deems necessary.
(6) The Judges shall have all the powers of a civil court for the purposes of receiving evidence, administering oath, enforcing the attendance of witnesses and compelling the discovery and production of documents.
(7) The decision of the Judge shall be final and shall not be called in question in any court.
### 80. Election petitions.
- No election petitions to Panchayats shall be called in question except by an election petition presented in accordance with the provision of this Part.
### 81. Parties to the petition.
- A petitioner shall join as respondent to his petition -
(a) where the petitioner, in addition to claiming declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates, and
(b) any other candidate against whom allegations of any corrupt practice are made in the petition.
### 82. Contents of petition.
(1) An election petition -
(a) shall contain a concise statement of the material facts on which the petitioner relies,
(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice, 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:
Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.
(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.
### 83. Relief that may be claimed by the petitioner.
- A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.
Chapter XIII
Trial of Election Petitions
---------------------------------------------
### 84. Trial of election petitions.
(1) The Court shall dismiss an election petition which does not comply with the provisions of section 79 or section 80.
Explanation. - An order of the Court dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of section 91.
(2) Where more election petitions than one are presented to the Court in respect of the same election, all of them shall be referred for trial to the same Court who may, in his discretion, try them separately or in one or more groups.
(3) Any candidate not already a respondent shall, upon application made by him to the Court within fourteen days from the date of commencement of the trial be entitled to be joined as a respondent.
Explanation. - For the purposes of this sub-section and of section 90, the trial of a petition shall be deemed to commence on the date fixed for the respondents to appear before the Court and answer the claim or claims made in the petition.
(4) The Court may, upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in his opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars of a corrupt practice not previously alleged in the petition.
(5) The trial of an election petition shall, so far as is practicable consistently with the interests of justice in respect of the trial be continued from day to day until its conclusion, unless the Court finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
(6) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date on which the election petition is presented to the Court for trial.
### 85. Procedure before the Court.
(1) Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tried by the Court as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 to the trial of suits:
Provided that the Judge shall have the discretion to refuse, for reasons to be recorded in writing, to examine any witness or witnesses if he is of the opinion that the evidence of such witness or witnesses is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delaying the proceedings.
(2) The provisions of the Indian Evidence Act, 1872 shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.
### 86. Documentary evidence.
- Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.
### 87. Secrecy of voting not to be infringed.
- No witness or other person shall be required to state for whom he has voted at an election.
### 88. Answering of criminating questions and certificate of indemnity.
(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture:
Provided that -
(a) a witness, who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the Court, and
(b) an answer given by a witness to a question put by or before the Court shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against in any civil or criminal proceeding.
(2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IXA of the Indian Penal Code or Part VIII of this Act arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this Act or any other law.
### 89. Expenses of witnesses.
- The reasonable expenses incurred by any person in attending to give evidence may be allowed by the Court to such person and shall, unless the Court otherwise directs, be deemed to be part of the costs.
### 90. Recrimination when seat is claimed.
(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election:
Provided that the returned candidate or such other party as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of commencement of the trial, given notice to the Court of his intention to do so.
(2) Every notice referred to in sub-section (1) shall be accompanied by the statement and particulars required by section 82 in the case of an election petition and shall be signed and verified in like manner.
### 91. Decision of the Court.
- At the conclusion of the trial of an election petition the Court 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 candidate's to be void and the petitioner or any other candidate to have been duly elected.
### 92. Other orders to be made by the Court.
- At the time of making an order under section 91 the Court shall also make an order -
(a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording -
(i) a finding whether any corrupt practice has or has not been proved to have been committed at the election, and the nature of that corrupt practice, and
(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and
(b) fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid:
Provided that a person who is not a party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless -
(a) he has been given notice to appear before the Court and to show cause why he should not be so named, and
(b) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by the Court and has given evidence against him, of calling evidence in his defence and of being heard.
### 93. Grounds for declaring election to be void.
(1) Subject to the provisions of sub-section (2) if the Court is of opinion -
(a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under this Act;
(b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or
(c) that any nomination 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 an agent other than his election agent, or
(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or
(iv) by any non-compliance with the provisions of this Act, or of any rules made under this Act, the Court shall declare the election of the returned candidate to be void.
(2) If in the opinion of the Court, a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice but the Court is satisfied -
(a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the consent, of the candidate or his election agent;
(b) that the candidate and his election agent 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 the candidate or any of his agents, then the Court may decide that the election of the returned candidate is not void.
### 94. Grounds for which a candidate other than the returned candidate may be declared to have been elected.
- If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Court is of 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 by corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes, the Court 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.
### 95. Procedure in case of an 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 one vote would entitle any of those candidates to be declared elected, then -
(a) any decision made by the Panchayat Returning Officer under the provisions of this Act shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and
(b) in so far as that question is not determined by such a decision the Court shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.
### 96. Communication of orders of the Court.
- The order of the Court under sections 91 and 92 shall be communicated forthwith to the District Panchayat Election Officer concerned, the Commission and the State Government.
### 97. Effect of orders of the Court.
- Where by an order under section 84 the election of a returned candidate is declared to be void, acts and proceedings in which that returned candidate has, before the date thereof, participated as a member of Zilla Parishad, Siliguri Mahakuma Parishad, Panchayat Samiti or Gram Panchayat shall not be invalidated by reason of that order, nor shall such candidate be subjected to any liability or penalty on the ground of such participation.
### 98. Withdrawal of election petitions.
(1) An election petition may be withdrawn only by leave of the Court.
(2) Where an application for withdrawal is made under sub-section (1), notice thereof fixing a date for the hearing of the application shall be given to all other parties to the petition.
### 99. Procedure for withdrawal of election petitions.
(1) If there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners.
(2) No application for withdrawal shall be granted if, in the opinion of the Court, such an application has been induced by any bargain or consideration which ought not to be allowed.
(3) If the application is granted -
(a) the petitioner shall be ordered to pay the costs of the respondents theretofore incurred or such portion thereof as the Court may think fit;
(b) the Court shall direct that the notice of withdrawal shall be published in such manner as it may specify and thereupon the notice shall be published accordingly;
(c) a person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner in place of the party withdrawing, and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the Court may deem fit.
### 100. Report of withdrawal by the Court to the Commission.
- When an application for withdrawal is granted by the Court and no person has been substituted as petitioner in place of the party withdrawing, the Court shall report the fact to the Commission.
### 101. Abatement of election petitions.
(1) An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.
(2) Where an election petition abates under sub-section (1), the Court shall cause the fact to be published in such manner as he may deem fit.
(3) Any person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the Court may deem fit.
### 102. Abatement or substitution on death of respondent.
- If before the conclusion of the trial of an election petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or any of the respondents dies or gives such notice and there is no other respondent who is opposing the petition, the Court shall cause notice of such event to be published in the Official Gazette, and thereupon any person who might have been a petitioner may, within fourteen days of such publication, apply to be substituted in place of such respondent to oppose the petition, and shall be entitled to continue the proceedings upon such terms as the Court may think fit.
### 103. Fresh election when an election is set aside.
- When an election is declared void by the Court and a fresh election is ordered, the seat or seats of the returned candidate shall be deemed to be vacant from the date of the order of the Court and the State Government in consultation with the Commission shall forthwith take necessary steps for holding such fresh election.
Part VIII – Chapter XIV
-------------------------
Electoral Offences
### 104. Promoting enmity between classes in connection with election.
- Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years, or with fine or with both.
### 105. Prohibition of public meetings during period of forty-eight hours fixed for conclusion of Poll.
(1) No person shall -
(a) convene, hold, attend, join or address any public meeting or procession in connection with an election; or
(b) display to the public any election matter by means of cinematograph, television or other similar apparatus; or
(c) propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto,
in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both.
(3) In this section, the expression "election matter" means any matter intended or calculated to influence or affect the result of an election.
### 106. Disturbances at election meetings.
(1) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both.
(2) An offence punishable under sub-section (1) shall be cognizable.
(3) This section applies to any public meeting of a political character held in any constituency between the date of the issue of a notification under this Act calling upon the constituency to elect a member or members and the date on which such election is held.
(4) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the chairman of the meeting, require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.
### 107. Restrictions on the printing of pamphlets, posters, etc.
(1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof.
(2) No person shall print or cause to be printed any election pamphlet or poster -
(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate; and
(b) unless, within a reasonable time after the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document to the District Panchayat Election Officer concerned.
(3) For the purpose of this section -
(a) any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression "printer" shall be construed accordingly; and
(b) "election pamphlet or poster" means any printed pamphlet, hand-bill or other document distributed for the purpose of promoting or prejudicing the election of a candidate or group of candidates or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.
(4) Any person who contravenes any of 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 which may extend to two thousand rupees or with both.
### 108. 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.
### 109. Officers etc. at elections not to act for candidates or to influence voting.
(1) No person who is a District Panchayat Election Officer or a Panchayat Returning Officer or an Assistant Panchayat Returning Officer or a Presiding or Polling Officer at an election, or an officer or clerk appointed by the Panchayat Returning Officer or the Presiding Officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavour -
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any person from 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 which may extend to six months or with fine or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
### 110. Prohibition of canvassing in or near polling stations.
(1) No person shall, on the date or dates on which a poll is taken 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 one hundred metres of the polling station, namely:-
(a) canvassing for votes; or
(b) soliciting the vote 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) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to two hundred and fifty rupees.
(3) An offence punishable under sub-section (2) shall be cognizable.
### 111. Penalty of disorderly conduct in or near polling stations.
(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 loudspeaker, 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 officers and other persons on duty at the polling station.
(2) Any person who contravences, or wilfully aids or abets the contravention of, the provisions of sub-section (1) shall be punishable with imprisonment 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.
### 112. 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 authorized 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.
### 113. Penalty for failure to observe procedure for voting.
- If any elector to whom a ballot paper has been issued, refuses to observe the procedure prescribed for voting the ballot paper issued to him shall be liable for cancellation.
### 114. Penalty for illegal hiring or procuring of conveyance at election.
- If any person is guilty of any such corrupt practice as is specified in clause (5) of section 123 of the Representation of the People Act, 1951 at or in connection with an election, he shall be punishable with imprisonment which may extend to three months and with fine.
### 115. 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.
(2) An offence punishable under sub-section (I) shall be cognizable.
(3) No suit or other legal proceedings shall lie against any such persons for damages in respect of any such act or omission as aforesaid.
(4) The person to whom this section applies are the District Panchayat Election Officer, Panchayat Returning Officer, Assistant Panchayat Returning Officer, Presiding Officer, polling officer and any other person appointed to perform any duty in connection with the 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, but shall not include duties imposed otherwise than by or under this Act.
### 116. Penalty for the State Government servants for acting as election agent, polling agent or counting agent.
- If any person in the service of the State Government acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.
### 117. Prohibition of going armed to, or near, polling station.
(1) No person, other than the Panchayat Returning Officer, the Presiding Officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959, of any kind within the neighbourhood of a polling station.
(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.
(3) Notwithstanding anything contained in the Arms Act, 1959, where a person is convicted of an offence under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have been revoked under section 17 of that Act.
(4) An offence punishable under sub-section (2) shall be cognizable.
### 118. Removal of ballot papers from polling station to be an offence.
(1) Any person who at any election unauthorisedly 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.
### 119. Offence of booth capturing.
(1) Whoever commits an offence of booth capturing 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, and where such offence is committed by a person in the service of the State Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine.
Explanation. - For the purpose of this sub-section and section 134, "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 free exercise of their right to vote;
(c) coercing or intimidating or threatening directly or indirectly 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 a 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 affects the orderly counting of votes;
(e) doing by any person in the service of the State 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.
(2) An offence punishable under sub-section (1) shall be cognizable.
### 120. Liquor not to be sold, given or distributed on polling day.
(1) No spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating house, tavern, shop or any other place, public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
(2) Any person who contravenes the provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees, or with both.
(3) Where a person is convicted of an offence under this section, the spirituous, fermented or intoxicating liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed of in such manner as may be prescribed.
### 121. Other offences and penalties thereof.
(1) A person shall be guilty of an electoral offence if at any election he -
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of Panchayat Returning Officer; or
(c) fraudulently defaces or fraudulently 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 anything 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 papers then in use for the purposes 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 electoral offence under-this section shall, -
(a) if he is a Panchayat Returning Officer or an Assistant Panchayat Returning Officer or a Presiding Officer at a polling station 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 an 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, but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act.
Part IX – Chapter XV
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Miscellaneous
### 122. Local political party.
(1) A political party shall be recognised as a local political party if it -
(i) has been engaged in political activity for a continuous period of five years, and
(ii) has at least one elected member in any tier of Panchayats for every existing twenty-five members elected to that tier of Panchayat from the area of a sub-division of a district or, if there is no elected body of Panchayat in that sub-division, one elected member in the Municipality or Municipalities for every existing twenty-five members elected to the Municipality or Municipalities within the area of that sub-division.
(2) Any association or body of individual citizens of India calling itself a political party and intending to be recognised as a local political party may make an application, in such manner as may be prescribed, to the Commission for recognition as a local political party.
(3) After considering all particulars in its possession and any other information that may be necessary and after giving the representatives of that political party the opportunity of being heard, the Commission shall either recognise that political party as a local political party for the purpose of this Act or decide not to recognise it as a local political party.
(4) The decision of the Commission shall be final.
### 123. Protection of action taken in good faith.
- No suit, prosecution or other legal proceedings shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or of any rule or order made thereunder or in respect of the tendering of any opinion by the Commission to the Governor or in respect of the publication by, or under the authority of, the Commission of any such opinion, paper or proceedings.
### 124. Casual vacancies in Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad.
- When the seat of a member elected to a Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad becomes vacant by reasons of his death, resignation, removal or otherwise, the Commission shall fix a date as soon as may be convenient for holding bye-election to fill the seat, and the provisions of this Act shall thereupon apply mutatis mutandis.
### 125. Return or forfeiture of candidate's deposit.
(1) The deposit made under section 47 shall either be returned to the person making it or his representative or be forfeited to the State Government in accordance with the provisions of this section.
(2) Except in cases hereafter mentioned in this section, the deposit shall be returned as soon as practicable after the result of the election is declared.
(3) If the candidate is not shown in the list of contesting candidates, or if he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be.
(4) Subject to the provisions of sub-section (3), the deposit shall be forfeited if at an election where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one-sixth of the total number of valid votes polled by all the candidates or in the case of election of more than one member at the election, one-sixth of the total number of valid votes so polled divided by the number of members to be elected.
### 126. Staff of every local authority to be made available for election work.
- Every local authority in a State shall, when so required by the Commission or the District Panchayat Election Officer, make available to any Panchayat Returning Officer such staff as may be necessary for the performance of any duties in connection with an election.
### 127. Requisitioning of premises, property, vehicles etc. for election purpose.
(1) If it appears to the District Panchayat Election Officer that in connection with an election under this Act -
(a) any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or
(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to, or from, any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election,
the District Panchayat Election Officer may, by order in writing, requisition such premises or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to him to be necessary or expedient in connection with the requisitioning:
Provided that no vehicle, vessel, or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the poll at such election.
(2) The requisition shall be effected by an order in writing addressed to the person deemed by the District Panchayat Election Officer to be the owner or person in possession of the property, and such order shall be served in the prescribed manner on the person to whom it is addressed.
(3) Whenever any property is requisitioned under sub-section (1), the period of such requisition shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.
Explanation. - For the purposes of this section -
(a) "premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof;
(b) "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise.
### 128. Payment of compensation.
(1) Whenever in pursuance of section 127, the District Panchayat Election Officer requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely:-
(i) the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality;
(ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change:
Provided that where any person interested, being aggrieved by the amount of compensation so determined, makes an application within the prescribed time to the District Panchayat Election Officer for referring the matter to an arbitrator, appointed in this behalf by the State Government, the amount of compensation to be paid shall be such as the arbitrator, may determine:
Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of the amount of compensation, it shall be referred by the State Government to the arbitrator appointed under the first proviso for determination, and shall be determined in accordance with the decision of such arbitrator.
Explanation. - For the purposes of this sub-section, the expression "person interested" means the person who was in actual possession of the premises requisitioned under section 127 immediately before the requisition, or where no person was in such actual possession, the owner of such premises.
(2) Whenever in pursuance of section 127, the District Panchayat Election Officer requisitions any vehicle, vessel or animal, there shall be paid to the owner thereof compensation the amount of which shall be determined by the Commission on the basis of the fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal:
Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined makes an application within the prescribed time to the District Panchayat Election Officer for referring the matter to an arbitrator, appointed in this behalf by the State Government, the amount of compensation to be paid shall be such as the arbitrator may determine:
Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner, the amount determined under this sub-section as the total compensation payable in respect of the requisition shall be apportioned between that person and the owner, in such manner, as they may agree upon, and in default of agreement, in such manner as an arbitrator, appointed under the first proviso, may decide.
### 129. Power to obtain information.
- The District Panchayat Election Officer may by order, with a view to requisitioning any property under section 127 or determining the compensation payable under section 128, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.
### 130. Powers of entry into, and inspection of, premises.
- Any person authorized in this behalf by the District Panchayat Election Officer may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under section 127 should be made in relation to such premises, vehicle, vessel or animal, or with a view to securing compliance with any order made under that section.
Explanation. - For the purposes of this section, the expressions "premises" and "vehicle" have the same meanings as in section 127.
### 131. Eviction from requisitioned premises.
(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 127 may be summarily evicted from the premises by any officer empowered by the District Panchayat Election Officer in this behalf.
(2) Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lock or break open any door of any building or do any other act necessary for effecting such eviction.
### 132. Release of premises from requisition.
(1) When any premises requisitioned under section 127, are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the District Panchayat Election Officer to be the owner of such premises, and such delivery of possession shall be a full discharge of the District Panchayat Election Officer from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
(2) Where the person to whom possession of any premises requisitioned under section 127 is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the District Panchayat Election Officer shall cause a notice declaring that such premises are released from requisition to be affixed on some conspicuous part of such premises.
(3) When a notice referred to in sub-section (2) is affixed on some conspicuous part of the premises, the premises specified in such notice shall cease to be subject to requisition on and from the date of such affixation and be deemed to have been delivered to the person entitled to possession thereof, and the District Panchayat Election Officer shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.
### 133. Penalty for contravention of any order regarding requisitioning.
- If any person contravenes any order made under section 127, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.
Part X – Chapter XVI
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General
### 134. Observers.
(1) The Commission may nominate an Observer who shall be an officer of the State Government to watch the conduct of election or elections in a constituency or a group of constituencies and to perform such other functions as may be entrusted to him by the Commission.
(2) The Observer, nominated under sub-section (1), shall have the power to direct the Panchayat Returning Officer for the constituency or for any of the constituencies for which he has been nominated, to stop the counting of votes at any time before the declaration of the result or not to declare the result if, in the opinion of the Observer, booth capturing has taken place at a large number of polling stations or at places fixed for counting of votes or any ballot papers used at a polling station are unlawfully taken out of the custody of the Panchayat Returning Officer or are accidentally or intentionally destroyed or lost or damaged or tampered with to such an extent that the result of the poll at that polling station or place cannot be ascertained.
(3) Where an Observer has directed the Panchayat Returning Officer under this section to stop counting of votes or not to declare the result, the Observer shall forthwith report the matter to the Commission and thereupon the Commission shall, after taking all material circumstances into account, issue appropriate directions.
### 135. Power to make rules.
- [(1) The State Government in consultation with the Commission, may, after previous publication in the Official Gazette, make rules, by notification, for carrying out the purposes of the Act.]
[Substituted by Act No. 23 of 2012, dated 24.8.2012.]
(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 duties of Presiding Officers and polling officers at polling stations;
(b) the checking of voters by reference to the electoral roll;
(c) the manner in which votes are to be given both generally and in the case of illiterate voter or voters under physical or other disability;
(d) the manner in which votes are to be given by a Presiding Officer, polling officer, polling agent or any other person, who being an elector for a constituency is authorised or appointed for duty at a polling station at which he is not entitled to vote;
(e) the procedure to be followed in respect of the tender of vote by a person representing himself to be an elector after another person has voted as such electors;
(f) the manner of giving and recording of votes by means of voting machines and the procedure as to voting to be followed at polling stations where such machines are used;
(g) the scrutiny and counting of votes including cases in which a recount of the votes may be made before the declaration of the result of the election;
(h) the procedure as to counting Of votes recorded by means of voting machines;
(i) the safe custody of ballot boxes, voting machines, ballot papers and other election papers, the period for which such papers shall be preserved and the inspection and production of such papers;
(j) any other matter required to be prescribed by this Act.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the State Legislature agrees in making any modification in the rule or the State Legislature 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.
### 136. Bar to jurisdiction of Civil Courts.
- No Civil Court shall have jurisdiction to question the legality of any action taken or of any decision given by the Panchayat Returning Officer or by any other person appointed under this Act in connection with an election.
### 137. Removal of difficulties.
(1) The Commission, in consultation with the State Government, may issue such general or special directions as may, in its opinion be necessary for the purpose of giving effect to the provisions of this Act or the rules made thereunder or holding any election under this Act.
(2) If any difficulty arises in giving effect to the provisions of this Act or the rules made thereunder or in holding any election, the Commission as occasion requires, may by order, do anything which appears to it to be necessary for the purpose of removing the difficulty.
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65ba0018ab84c7eca86ea6cf | acts |
State of Andhra Pradesh - Act
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Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Service Rules
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ANDHRA PRADESH
India
Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Service Rules
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Rule ANDHRA-PRADESH-CHARITABLE-AND-HINDU-RELIGIOUS-INSTITUTIONS-AND-ENDOWMENTS-SERVICE-RULES of 1971
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* Published on 2 January 1971
* Commenced on 2 January 1971
Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Service Rules
Last Updated 28th May, 2019
In exercise of the powers conferred by Section 3 and Section 4 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 and in supersession of the Special Rules issued in G.O.Ms.No.3, Revenue, dated 2-1-1971, the Governor of Andhra Pradesh hereby makes the following Special Rules for the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Service.
### 1. Short title.
These rules shall be called the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Service Rules.
### 2. Constitution.
- The service shall consist of the following categories of posts in the Endowments Department:
Category (1) -- Commissioner.
Category (2) -- Additional Commissioner
Category (3) -- Regional Joint Commissioner including Joint Commissioner.
Category (4) -- Deputy Commissioner.
Category (5) -- Assistant Commissioner.
Assistant Commissioner includes the Executive Officers of the rank of Assistant Commissioner and any other officers of the rank of Assistant Commissioner. Deputy Commissioner includes the Executive Officers of the rank of Deputy Commissioners and any other officers of the rank of Deputy Commissioner.
### 3. Method of Appointment
- The Method of appointment for the above categories shall be as follows. -
### 4. Reservation of Appointment.
- In the matter of direct recruitment to the post of Deputy Commissioner (Category 4) and Assistant Commissioner (Category 5), other things being equal, preference shall be given to women and they shall be selected to an extent of atleast 30% of posts in each category of OC, BC, SC and ST quota, as provided for in GR 22-A (2) :
Provided that if sufficient number of women candidates are not available such vacancies may be filled by men candidates.
### 5. Qualifications.
- No person shall be eligible for appointment to the categories specified in column (1) of the annexure to these rules by the method specified in column (2) unless he possesses the qualifications specified in the corresponding entry in column (3) thereof.
### 6. Age.
- No person shall be eligible for appointment to the categories mentioned below, unless, he is within the limits as indicated against each of the categories on the 1st July of the year in which the notification for selection is made:
### 7. Minimum Service.
- No person shall be eligible for appointment by transfer or promotion unless he has put in the minimum service indicated against each category as in mentioned below. -
### 8. Probation.
(a) Every person appointed by direct recruitment to any of the posts shall be on probation for a total period of two years on duty within a continuous period of three years.
(b) Every person appointed either by promotion or by transfer shall be on probation for a total period of one year on duty within a continuous period of two years.
### 9. Training.
(a) Every person appointed by direct recruitment to the post of Commissioner, Deputy Commissioner or Assistant Commissioner shall undergo, immediately after appointment, a course of training for such period and as per such programme and syllabus as may be prescribed by the Government from time to time.
(b) Every person appointed by direct recruitment shall, before the commencement of training, execute an agreement bond that he shall serve the Department for a period of three years after the completion of training referred to in sub-rule (a).
(c) He will be liable to refund to the Government the pay and allowance or any other remuneration received by him in additional to the amount spent by the Government on his training -
(i) if he fails to serve the Department for a period of 3 years after the completion of his training for any reason ; or
(ii) if he discontinues the training or is discharged from training course for misconduct or any other reason ; or
(iii) if he secures any other employment elsewhere than under the State Government.
(d) The period of training shall count for purposes of probation, increments, leave and pension.
(e) A direct recruit shall be eligible, during the period of training for the initial pay of the post with usual allowances admissible at the place of training.
### 10. Tests.
- Every person appointed by direct recruitment shall pass the following tests within the period of probation :
(i) The Accounts Test for Executive Officers ; and
(ii) The Endowments Department Tests, Papers I and II.
### 11. Unit of Appointment.
- For purposes of recruitment, appointment, discharge for want of vacancy, seniority, promotion, transfer and appointment as full member, the unit of appointment shall be as specified in the table below :
Provided that the posts of Assistant Commissioner in the Office of the Commissioner of Endowments shall be filled by transfer on tenure of the Assistant Commissioner from the three units specified in column 3 of the above table, equitably, for a period of not more three years at a time.
Annexure 1
(See Rule 5)
(1) Category
(2) Method of appointment
(3) Qualifications
(4) Deputy Commissioner
By promotion or by transfer
Must have passed a test in the Evidence Act, 1872 (Act 1 of 1872) and civil Judicial Test Part-II, if he does not possess a degree in Law.
(5) Assistant Commissioner
By promotion or by transfer
Must have passed Accounts Test for Executive Officers or Accounts Test for Subordinate Officers, Part-I and II. A.P. Endowment Department Test, Papers I & II.
|
65bada0dab84c7eca86ec99d | acts |
State of Jharkhand - Act
--------------------------
Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956
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JHARKHAND
India
Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956
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Act 22 of 1956
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* Published on 26 September 1957
* Commenced on 26 September 1957
Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956
Bihar Act
22 of 1956
Received the assent of the President on 6.9.1956 and published in Bihar Gazette of 10.10.1956.
An Act to provide for the Consolidation of Holdings and Prevention of Fragmentation
Be it enacted by the Legislature of the State of Bihar in the Seventh Year of the Republic of India as follows:-
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement.
(1) This Act may be called the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force on such date or dates as the State Government may, by notification in the official Gazettes, appoint and different dates may be appointed for different areas.
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context. -
(1) "Agricultural year" means the year commencing on the first day of April;
(2) [ "Consolidation Officer" means an officer appointed by the State Government to discharge all or any of the functions of the Consolidation Officer under this Act and he shall be an officer of Gazetted rank;]
[Substituted by Section 2 of Bihar Act 27 of 1975.]
(2a)
[ "Assistant Consolidation Officer" means an officer appointed by the State Government to discharge all or any of the functions of the Assistant Consolidation Officer under this Act and who shall be an officer not below the rank of Kanungo,]
[Inserted by Bihar Act 27 of 1975.]
(3) "Consolidation" includes re-arrangement of parcels of land comprised in a holding or in different holdings for the purpose of rendering such holdings more compact;
Explanation. - For the purpose of this clause, holding shall not include the following. -
[(i) land which was orchard or grove in the agricultural year immediately preceding the year in which the notification under Section 3 was issued;
(ii) land subject to fluvial action and intensive soil erosion;
(iii) such compact areas as are normally subject to prolonged water-logging;
(iv) such other areas as the Director of Consolidation may declare to be unsuitable for the purpose of consolidation;]
(3a)
[ "Chak" means every parcel of land allotted to a raiyat or the under-raiyat on consolidation;
[ Clause (3a) and (3b) inserted by Bihar Act 27 of 1975.]
(3b)
"rectangulation" means the process of dividing the area of a unit into rectangles or part of rectangles of convenient sizes with a view to regulate the allotment of Chaks, during consolidation operation;]
(4) [ "Director of Consolidation" means the officer appointed as such by the State Government to exercise the powers and perform the duties of Director of Consolidation under this Act or the rules made thereunder and shall include an Additional Director of Consolidation and a Joint Director of Consolidation;
[Added by Bihar Act 27 of 1975.]
(4a)
"Deputy Director of Consolidation" means an officer not below the rank of Additional District Collector appointed as such by the State Government to exercise such powers and perform such duties of the Director of Consolidation as may be delegated to him by the State Government and shall include an Assistant Director of Consolidation;
(4b)
"Assistant Director of Consolidation" means an Officer not below the rank of Deputy Collector appointed as such by the State Government to exercise the powers and perform the duties of an Assistant Director of Consolidation under this Act or the rules made thereunder;]
(5) [ "Fragment" means a piece of land being in area less than. -
[Substituted by Bihar Act 27 of 1975.]
(a) one acre of land irrigated by flow irrigation work or tubewell or lift irrigation;
(b) two acres of unirrigated land;
(c) four acres of hilly or sandy land:
Provided that no piece of land shall be deemed to be a fragment by reason of any diminution in its area by diluvion;]
[Added by Bihar Act 27 of 1975.]
(6) "Gram Panchayat" means a Gram Panchayat established under Section 3 of the Bihar Panchayat Raj Act, 1947 (Bihar Act VII of 1948);
(7) "Holding" means a parcel or parcels of land held by a raiyat and forming the subject matter of a separate tenancy;
(8) "encumbrance" includes the right of an under-raiyat in a holding or part thereof, but does not include a right of easement;
(9) "Land" means agricultural land, and includes horticultural land, Kharaur land, land with bamboo clumps, pasture land, cultivable waste land, homesteads, tanks, wells and water channels;
(10) "Landless labour" means a person whose main source of livelihood is agriculture or agricultural labour and who does not hold any land or holds land not exceeding such area as may be prescribed;
(11) "Notified areas" means any area in respect of which a notification is made under Section 3;
(12) "Prescribed" means prescribed by rules made under this Act;
(13) "Public purpose" includes any purpose in relation to any common need, convenience or benefit of the village or villages;
(14) "Raiyat" means primarily a person who has acquired a right to hold land for the purpose of cultivating it by himself, or by members of his family or by hired servants or with the aid of partners, and includes, also the successors-in-interest of persons who have acquired such a right and includes-
(i) in the district of the Santhal Parganas a village headman in respect of his private holding, if any; and
(ii) in the areas to which the Chota Nagpur Tenancy Act, 1908 (Ben. Act VI of 1908), applies, a mundari Khunt kattidar and Bhuinhar;
(15) [x x x]
[Deleted by Bihar Act 27 of 1975.]
(16) "Scheme" means a scheme for the consolidation of holdings;
(17) "Under-raiyat" means a tenant, holding whether immediately or mediately under a raiyat;
(18) [ "Unit" means a village or part of a village and where the director of Consolidation so notifies, by publication in the Official Gazette, two or more villages for which a single scheme of consolidation is to be framed;]
[Inserted by Bihar Act 27 of 1975.]
(19) [ "Village Advisory Committee" means the Village Advisory Committee constituted under Section 7; and
[Clause (18) and (19) renumbered as Clause (19) and (20) respectively by Bihar Act 27 of 1975.]
(20) all words and expressions used, but not defined in this Act, shall have-
[(i) in their application to any area in which the Bihar Tenancy Act, 1885 (VIII of 1885), is in force, the same meaning as are assigned to them in that Act;
(ii) in their application to any area in which the Chota Nagpur Tenancy Act, 1908 (Ben. Act VI of 1908), is in force the same meanings as are assigned to them in that Act; and
(iii) in their application to any area in which the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949 (Bihar Act XIV of 1949), is in force, the same meanings as are assigned to them in that Act.]
Chapter II
Consolidation of Holdings
-----------------------------------------
### 3. Declaration by State Government of its intention to make scheme for consolidation of holdings.
(1) With the object of effecting consolidation of holdings for the purpose of better cultivation of lands in any area, the State Government may, after such enquiries as it may deem fit, by notification in the Official Gazette, declare its intention to make a scheme for consolidation of holdings in that area.
(2) The substance of the notification shall be announced by beat of drum in the villages comprised in the notified area and copies of the notification shall be hung up at the offices of all the Gram Panchayats, if any, the police station, the offices of the Anchal Adhikaris and the village Cutcheries of the State Government for collection of rent in such area.
### 4. [ Effect of notification under Section 3(1) of the Act.
[Substituted by Bihar Act 27 of 1975.]
- Upon the publication of the notification under sub-section (1) of Section 3 in the official gazette the consequences, as hereinafter set forth, shall, subject to the provisions of this Act, from the date specified in the notification till the close of the consolidation operation, ensue in the area to which the notification relates, namely-
(a) the district or part thereof, as the case may be, shall be, deemed to be under consolidation operations and duty of preparing and maintaining the record-of-rights and the village map of each village shall be performed by the Director of Consolidation, who shall prepare or maintain them, as the case may be, in the manner prescribed;
(b) no suit or other legal proceedings in respect of any land in such areas shall be entertained in any court, and in calculating period of limitation applicable to such suits and proceedings such period shall not be counted:
Provided that nothing in this clause shall apply to any proceedings under Section 48(E) of the Bihar Tenancy Act, 1885 (Act VIII, 1885) and to the proceedings relating to the recording of the titles of Bataidars;
(c) every proceeding for the correction of records and every suit and proceeding in respect of declaration of rights or interest in any land lying in the area or for declaration or adjudication of any other right in regard to which proceedings can or ought to be taken under this Act, pending before any court or authority whether of the first instance or of appeal, reference or revision, shall on an order being passed in that behalf by the court or authority before whom such suit or proceeding is pending stand abated:
Provided that if the State Government empowers any other officer appointed under this Act to dispose of any proceeding relating to survey settlement operations under the provisions of chapter X of the Bihar Tenancy Act, 1885 (Bihar Act VIII of 1885), or chapter XII of the Chota Nagpur Tenancy Act, 1908 (Bengal Act VI, 1908) or Santhal Parganas Settlement Regulation, 1872 (Regulation 3, 1872) and transfer such proceeding to such officer for disposal, then the proceeding shall not abate or shall not be considered to have been abated:
Provided also that no such order shall be passed without giving to the parties notice by post or in any other manner that may be convenient and after giving them an opportunity of being heard:
Provided further that such abatement shall be without prejudice to the rights of the persons affected to agitate the right or interest in dispute in the said suits or proceedings before the appropriate consolidation authorities under and in accordance with the provision of this Act and the rules made thereunder:
Provided that the State Government may, by notification in the Official Gazette, exempt any such proceeding, suit, appeal, reference or revision, or any class of them, if in its opinion their abatement is not in public interest, and is not necessary for the purposes of this Act:
Provided further that nothing in this Section shall apply to any proceedings under [Sections 144 to 148 of Chapters X of the Code of Criminal Procedure, 1973 (Act 2 of 1974), The Bihar Tenants Holdings (Maintenance of Records) Act, 1973 (Bihar Act 28 of 1975)], Section 48E of the Bihar Tenancy Act, 1885 (Act VIII of 1885) and the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961 (Act XII of 1962).]
### 4A. [ Cancellation of notification under Section 3.
[Inserted by Act 27 of 1975.]
(1) It shall be lawful for State Government at any time to cancel the notification made under Section 3 in respect of the whole or part of the area specified therein.
(2) Where a notification has been cancelled in respect of any unit under subsection (1) such area shall, subject to the final orders relating to the correction of land record, if any, passed on or before the date of such cancellation, ceases to be under consolidation operations with effect from the date of the cancellation.]
### 5. [ No transfer without sanction.
[Substituted by Bihar Act 27 of 1975.]
- [(1) After the date of publication of preparation of register of lands and statement of principles under sub-section (1) of Section 10 no person shall transfer any land in the notified area by way of sale, gift, exchange or partition without the previous sanction of the Consolidation Officer and if the sanction is granted, such transfer or partition, as the case may be, shall be, subject to the rights and liabilities attacted to the land under the scheme of consolidation prepared with respect to that area.]
(2) [ The provision of sub-section (1), shall take effect from the date the notification under sub-section (1) of Section 3 has been issued.]
[Added by Bihar Act 35 of 1982.]
### 5A. [ Temporary exemption from the provisions of Section 5(1) .
[Inserted by Bihar Act 35 of 1982.]
- On being satisfied that preparation of the scheme of consolidation in any unit or units, after publication of register of land and statement of principles under sub-section (1) of Section 10 is likely to take time and enforcement of the provision of sub-section (1) of Section 5 shall cause hardship to raiyats or under-raiyats of such unit or units, it will be lawful for the Director of Consolidation to exempt such unit or units, from the operation of the provisions of sub-section (1) of Section 5 for a specified period and such exemption shall be notified in the unit concerned by a general notice.]
### 6. Procedure for sanction.
(1) A person intending to transfer or partition any land shall make an application for sanction under Section 5 in the prescribed form and containing the prescribed particulars together with notices of the intended transfer or partition in the prescribed form and the process fees prescribed for the service thereof on the parties named in the application as well as for affixing copies thereof on the land, in the office of the Consolidation Officer and in such other places as may be prescribed.
(2) The Consolidation Officer shall fix a date for hearing and cause the notices specifying the date so fixed to be served on the parties named in the petition by registered post or in such other manner as may be prescribed and shall also cause copies of the notice to be affixed on the land and other places referred to in subsection (1).
(3) On the date fixed for hearing or on any adjourned date the Consolidation Officer shall, after hearing the parties and after such enquiry as may be necessary, pass such orders as he thinks fit:
Provided that the Consolidation Officer shall not refuse sanction for transfer or partition of any land, except on any one or more of the following grounds, namely-
(a) the prescribed particulars have not been furnished;
(b) the transfer or partition is likely to interfere with the consolidation proceedings or to create a fragment; and
(c) the transfer or partition will be against any provision of this Act or any provision of the tenancy law for the time being in force in the notified area:
Provided further that sanction shall not be granted for the transfer of any land to any person, if after such transfer the total area of land held by him will exceed the maximum area that may be held by such person under any law for the time being in force in the notified area.
(4) [ Any person aggrieved by an order of the Consolidation Officer, under subsection (3), may within thirty days of such order, prefer an appeal to the Assistant Director of Consolidation and such appeal shall be heard and disposed of in the prescribed manner and the decision of the Assistant Director of Consolidation, therein, shall be final.]
[Substituted by Bihar Act 27 of 1975.]
### 7. Constitution of Village Advisory Committee.
- [(1) In each unit comprised in the notified areas the Assistant Consolidation Officer shall set up a Village Advisory Committee which shall consist of the members of the Executive Committee of the Gram Panchayat of the village:
Provided that where more than one village is included in a Gram Panchayat the Village Advisory Committee shall consist, of those members of Executive Committee who are residents of the villages concerned and such other raiyats and under-raiyats as the Assistant Consolidation Officer may appoint:
Provided further that where no such Gram Panchayat has been established the Village Advisory Committee shall consist of such persons as the Assistant Consolidation Officer may appoint in consultation with the raiyats and under raiyats of the village concerned:
Provided also that where a Gram Sabha has been duly constituted under the Bihar Gramdan Act, 1965, the Village Advisory Committee shall consist also of the members of the Executive Committee of the Gram Sabha:
Provided also that the Assistant Consolidation Officer may, where necessary, appoint any landless labourer of the village and any land holder of the village holding land not in excess of 5 acres to be a member of the Village Advisory Committee.]
[Substituted by Bihar Act 27 of 1975.]
(2) The number of persons to be appointed by the Consolidation Officer and the manner of appointment under the proviso to sub-section (1) shall be such as may be prescribed.
### 8. Preparation of up-to-date record-of-rights before consolidation.
(1) Save as provided in sub-section (2) as soon as may be after the publication of a notification under section 3 an up-to-date record-of-rights, in respect of all lands comprised in the notified area, together with a map shall be prepared in accordance with the provisions of Chapter X of the Bihar Tenancy Act, 1885 (Act VIII of 1885), or as the case may be, Chapter XII of the Chota Nagpur Tenancy Act, 1908 (Ben. Act VI of 1908) or the Santhal Parganas Settlement Regulation, 1872 (Regulation III of 1872); [or the Bihar Tenants Holdings (Maintenance of Records) Act, 1973 (Bihar Act 28 of 1975)]
[Added by Bihar Act 35 of 19B2.]
:
Provided that the State Government may, by rules made in this behalf, make such modifications in the provisions of the said Acts and Regulation as may be necessary for the expeditious preparation of the record-of-rights.
(2) Where in respect of lands comprised in the notified area, map and record-of-rights have been prepared and preliminarily or finally published under the provisions of Chapter X of the Bihar Tenancy Act, 1885 (Act VIII of 1885), or as the case may be, Chapter XII of the Chota Nagpur Tenancy Act, 1908 (Ben. Act VI of 1908) or the Santhal Praganas Settlement Regulation, 1872 (Reg. Ill of 1872) within [twenty]
[Substituted for 'five' by Bihar Act 27 of 1975.]
years preceding the date of publication of the notification under section 3, such map and record-of-rights shall be deemed to be up-to-date map and record-of-rights prepared under sub-section (1) .
### 8A. [ Partition of joint holdings.
[Inserted by Bihar Act 27 of 1975.]
- (1 )The Assistant Consolidation Officer or the Consolidation Officer may, either on an application or of their own motion, partition joint holdings.
(2) The partition of joint holdings shall be effected on the basis of shares:
Provided that where the raiyats concerned agree, it may be effected on the basis of specific plots.]
### 9. [ [Preparation of register of lands.
[Substituted by Bihar Act 35 of 1982.]
(1) When the record-of-rights and map have been or are deemed to have been brought up-to-date there shall be determined, the valuation of each plot after taking into consideration the opinion of the Village Advisory Committee, of such raiyats as may be available and after taking into consideration its productivity, location and availability of irrigation facilities, if any.]
(2) There shall be prepared in the prescribed form-
(i) a register of lands belonging to raiyats which shall contain the following particulars, namely-
(a) the name of the raiyat;
(b) the areas and the serial numbers of the plots of land held by the raiyat;
(c) classification of each plot according to its produce;
(d) the areas and serial numbers of the plots of land held by [under raiyats,]
[Substituted by Bihar Act 35 of 1982.]
if any, having right of occupancy therein;
(e) the area and serial numbers of the plots of land held by [under raiyats.]
[Substituted by Bihar Act 35 of 1982.]
if any, having no right of occupancy therein;
(f) the valuation of each plot;
(g) the valuation of all structures, trees, bamboo clumps, wells and other improvements existing in the plots for the purposes of calculating the amount thereof;
(h) any other particulars that may be prescribed.
(ii) a register of lands reserved for public purposes which shall contain the following particulars, namely-
(a) the public purpose for which any such land has been reserved or which it serves;
(b) the area and boundary of such land; and
(c) any other particulars that may be prescribed.
### 9A. [ Preparation of statement of principles.
[Substituted by Bihar Act 35 of 1982.]
- The Assistant Consolidation Officer shall prepare after considering the opinion of the Village Advisory Committee and such raiyats as may be available in respect of each unit under consolidation operations, a statement in the prescribed manner (hereinafter called the statement of principles) setting forth the principles to be followed in carrying out the consolidation operations in the unit. The statement of principles shall also contain the following:-
(a) details of areas, as far as they may be determined at this stage, to be earmarked for expansion of habitation including areas for habitation of Scheduled Castes, Scheduled Tribes and landless persons in the unit, and for such other public purposes as may be prescribed;
(b) the basis on which the raiyats will contribute land for expansion of habitation and for other public purposes; and
(c) details of land to be earmarked for public purposes.]
### 10. [ Publication of registers of lands and statement of principles and objections thereon.
[section 10,10A and 10B Substituted for section 10 vide Bihar Act 27 of 1975.]
- (1 )The registers prepared under sub-section (2) of Section 9 and the statement of principles prepared under Section 9A shall be published in the manner prescribed and shall remain published for not less than 30 days.
(2) Any person may, within 45 days of the date of the publication of the register under sub-section (1) file before the Assistant Consolidation Officer, objection in respect thereof, disputing the correctness and nature of entries in the records or in the statement of principles.
(3) The Assistant Consolidation Officer shall, after hearing the persons interested and after such enquiries as may be necessary, decide the objection, settle the disputes or correct the mistakes, as far as may be, by way of compromise between the parties appearing before him and pass orders on the basis of such compromise.
(4) All cases which are not disposed of by the Assistant Consolidation Officer under sub-section (3), all cases relating to valuation of plots and all cases relating to valuation of structures, tree, bamboo-clumps, wells or other improvements for calculating, the amount thereof, and its apportionment amongst co-owners, if there be more owners than one, shall be forwarded by the Assistant Consolidation Officer to the Consolidation Officer who shall dispose of the same in the manner prescribed.
(5) Where objections have been filed against the statement of principles under [sub-section (2) of Section 10] the Assistant Consolidation Officer, after affording opportunity of being heard to the parties concerned and after taking into consideration the view of the Village Advisory Committee, shall submit his report to the Consolidation Officer who shall dispose of the objections in the manner prescribed.
(6) Any person aggrieved by an order of the Assistant Consolidation Officer or Consolidation Officer under [sub-section (3), (4) or (5)]
[Substituted by Bihar Act 35 of 1982.]
may, within 30 days of such order, file an appeal before the Assistant Director of Consolidation, whose decision, except as otherwise provided by or under this Act, shall be final.
(7) The Consolidation Officer shall and the Assistant Director of Consolidation may, where necessary, before deciding an objection or an appeal, make local inspection of the unit, after giving due notice to the parties concerned and the Village Advisory Committee.
### 10A. Bar to objection.
- No question in respect of any entry made in the map or registers prepared under Section 9 or the statement of principles prepared under Section 9A relating to the Consolidation area, which might or ought to have been raised under Section 10 but has not been raised, shall not be raised or heard at any subsequent stage of the Consolidation proceeding.
### 10B. Decision of matters relating to charges and transaction affecting rights or interest recorded in revised records.
- [(1) All matters relating to changes and transfers affecting any rights or interests recorded in the register of land published under sub-section (1) of Section 10 for which cause of action had not arisen when proceedings under Section 8 and 9 were started or were in progress may be raised before the Consolidation Officer within thirty days of cause of action, but not later than the date of notification under Section 26-A or under sub-section (1) of Section 4A.]
[Substituted by Bihar Act 35 of 1982.]
(2) The provisions of Sections 8 and 9 shall mutatis mutandis apply to the hearing and decision of any matter raised under sub-section (1) as if it were a matter raised under the aforesaid section.]
### 10C. [ Re-publication of register of lands, etc. in certain cases.
[Sec,10C, 10D and 10E inserted by Bihar Act 35 of 1982.]
- After expiry of the specified period of exemption as provided in Section 5A, but before the publication of the draft scheme of consolidation under sub-section (1) of Section 12, the register of lands prepared under sub-section (2) of Section 9 and the statement of principles prepared under section 9A and published under sub-section (1) of Section 10 and corrected under sub-sections (3),(4),(5) and (6) of Section 10, pertaining to the units concerned shall be re-published in the manner prescribed and any person may within twenty days of such re-publication file before the Assistant Consolidation Officer objection in respect thereof disputing the correctness and nature of entries in the register of lands or in the statement of principles, if cause of action for such objections has arisen after publication of the register of lands and the statement of principles under sub-section (1) of Section 10.
### 10D. Special power of Dy. Director regarding re-publication of register of lands, etc.
- On being satisfied that in the register of lands published under sub-section (1) or corrected under sub-sections (3),(4),(5), or (6) of Section 10, a substantial number of raiyats or under -raiyats for sufficient and unavoidable reasons could not avail of the opportunity to place their claims under subsection (2) of Section 10 the Deputy Director of Consolidation for reasons to be recorded in writing may order the re-publication of the register or lands or the statement of principles or both again in the manner prescribed. Any person may within twenty days of such re-publication file before the Assistant Consolidation Officer objections in respect thereof disputing the correctness and nature of entries in the register of lands or in the statement of principles or in both, notwithstanding the provisions of Section 10A.
### 10E. Disputes decided not to be re-opened on re-publication of register of lands, etc.
- The provisions of sub-sections (2) , (3), (4), (5), (6) and (7) of Section 10 shall mutatis mutandis apply to the objections of any matter raised under sections 10C and 10D but the dispute which has been decided earlier in accordance with the provisions of sub-sections(3),(4),(5) or (6) of Section 10 shall not be re-opened on re-publication of the register of lands or the statement of principles or both.]
### 11. [ Preparation of draft scheme.
[Substituted by Bihar Act 27 of 1975.]
- As soon as may be, after the objections, If any, made under sub-section (2) of Section 10 have been disposed of, the Assistant Consolidation Officer shall visit the village concerned on a date of which previous notice shall have been given in the prescribed manner and after considering the advice of the Village Advisory Committee and such raiyats as may be available, prepare the draft scheme for consolidation of holdings in the notified area:]
Provided that if the Assistant Consolidation Officer does not accept the advice of the Village Advisory committee or of the raiyats on any matter, he shall, before preparing the draft scheme refer such matter for decision to the Assistant Director of Consolidation whose order thereon shall be final.
(2) The Village Advisory Committee and the Assistant Consolidation Officer shall in preparation of a scheme of consolidation, keep the following factors in view, namely. -
(a) the rights and liabilities of a raiyat as recorded in the register of lands prepared under Section 9 or secured in the lands allotted to him, subject to the deductions, if any, made on account of the contribution to purposes under this Act.
(b) the valuation of plots allotted to a raiyat subject to deductions, if any, made on account of the contribution for public purposes under this Act, is equal to the valuation of the plot originally held by him:
Provided that except with the permission of the Assistant Director of Consolidation, the area of the holding or holdings allotted to a raiyat shall not differ from the area of his original holding or holdings by more than 25 percent of the latter;
(c) the amount determined under the provisions of this Act, or the rules framed thereunder is awarded for the following:-
(i) for trees, bamboo-clumps, wells, structures and other improvements, originally held by him and allotted to another raiyat, and
(ii) for land contributed by the raiyat for public purposes;
(d) every raiyat is, as far as possible, allotted a compact area of the plots where he holds the largest part of his holdings:
Provided that no raiyat may be allotted more chaks than three except with the approval in writing of the Deputy Director of Consolidation;
(e) every raiyat is, as far as possible allotted the plot on which exists his private source of irrigation or any other improvement, together with an area in the vicinity equal to the valuation of the plots originally held by him;
(f) every raiyat is, as far as possible, allotted chaks in conformity with the process of rectangulation in rectangular units; and
(g) subject to rules made in this behalf by the State Government, the lands held by an under-raiyat is consolidated:
Provided that the land allotted under the scheme to an under-raiyat in lieu of any land held by him before the confirmation of the scheme shall form part of the new holding allotted under the scheme to the raiyat under whom the under-raiyat originally held the land.
(3) For the purpose of sub-section (1), it shall be lawful for the Assistant Consolidation Officer-
(i) to declare that any land specifically assigned for any public purposes ceases to be so assigned and to assign any other land for such public purposes:
Provided that it shall not be lawful for the Assistant Consolidation Officer to direct that any land specifically assigned for cremation ground or other religious purposes shall cease to be so assigned unless it is approved by the Village Advisory Committee;
(ii) to assign additional land for public purposes; and
(iii) to direct that any area out of the land set apart for public purposes shall be used for the construction of houses for landless labourers.
(4) In addition to the particulars contained in the register prepared under Section 9 (which shall be attached to the scheme) the scheme shall specify-
(i) the description and area of the new holdings proposed to be allotted to a raiyat and the valuation thereof;
(ii) the description and area of land proposed to be set apart for extension of habitation and other public purposes;
(iii) the description and area of land, if any, proposed to be set apart for the construction of houses for landless labourers;
(iv) the rent payable for the existing holding;
(v) the rent proposed to be fixed for the new holding;
(vi) the encumbrances, if any, to any plot comprised in the existing holding of any raiyat,
(vii) the encumbrances, if any, to be transferred or attached to any plot of land comprised in the holding proposed to be allotted to a raiyat
(viii) any other particulars that may be prescribed.
(5) There shall be appended to the map prepared under Section 8 another map showing the position of the plots allotted to each raiyat and those reserved for public purposes after consolidation.
(6) Where additional lands are allotted for public purposes such lands shall be contributed by the raiyats in proportion to the market value of their lands:
Provided that no land shall be contributed under this sub-section by a raiyat who holds land equal to or less than the prescribed area.
Explanation. - The State Government shall be deemed to be a raiyat in respect of the lands belonging to the State Government.
### 12. [ Publication of draft scheme.
[Section 12, 12A and 12B substituted, for section12 by Bihar Act 27 of 1975.]
(1) After the draft consolidation scheme has been prepared, the Assistant Consolidation Officer shall publish the scheme in the Unit and give a general notice that all the raiyats may obtain relevant extract of the scheme free of cost.
(2) Subject to the provisions contained in Section 10A, any person, whose right or interest is substantially prejudiced or affected by the draft consolidation scheme or who disputed the propriety and correctness of the entries in the draft consolidation scheme or the extracts furnished therefrom, may within 30 days of the date of publication of the draft consolidation scheme file an objection before the Assistant Consolidation Officer stating-
(i) the nature of his interest or right in or over any land;
(ii) the manner in which such interest or right is likely to be adversely affected; and
(iii) the amount and particulars of his claim to the amounts, if any, for such interest or right:-
Provided that no claim for the amount on account of the extension or diminution of any interest or right in or over any road, street, lane, path, channel, drain, tank, pasture or other land reserved for public purposes shall be entertained.
### 12A. Disposal of objections.
(1) All objections received by the Assistant Consolidation Officer shall as soon as may be, after the expiry of the period specified in Section 12 be submitted by him to the Consolidation Officer who shall dispose of the same, in the manner hereinafter laid down, after notice is given to the parties concerned and the Village Advisory Committee.
(2) Any person aggrieved by the order of Consolidation Officer under subsection (1) may, within thirty days of the date of the order, file an appeal before the Assistant Director of Consolidation whose decision shall, except as otherwise provided by or under this Act, be final.
(3) The Consolidation Officer shall, before deciding the objection and the Assistant Director of Consolidation may, before deciding any appeal, make local inspection of the plots in dispute after giving notice to the parties concerned and the Village Advisory Committee.
### 12B. Revision of the Draft Consolidation Scheme.
- The Consolidation Officer or the Assistant Director of Consolidation, as the case may be, on being satisfied that material injustice is likely to be caused to a number of raiyats or under raiyats in giving effect to the draft consolidation scheme as prepared by the Assistant Consolidation Officer or as subsequently modified by the Consolidation Officer, as the case may be, and that a fair and proper allotment of land to the raiyats or the under-raiyats of the unit is not possible without revising the draft consolidation scheme or getting a fresh one prepared, it shall be lawful, for reasons to be recorded in writing for-
(i) the Consolidation Officer, to revise the draft consolidation scheme, after giving to the raiyats or under raiyats concerned a reasonable opportunity of being heard or to remand the same to the Assistant Consolidation Officer with such directions as the Consolidation Officer may consider necessary; and
(ii) the Assistant Director of Consolidation, to revise the draft consolidation scheme after giving to the raiyats or under-raiyats concerned a reasonable opportunity of being heard, or to remand the same to the Assistant Consolidation Officer, or the Consolidation Officer, as the Assistant Director of Consolidation may think fit, with such directions as he may consider necessary.]
### 13. [ Submission of scheme to the Director of Consolidation.
[Substituted by Bihar Act 27 of 1975.]
(1) The Assistant Director of Consolidation shall confirm the draft consolidation scheme-
(a) if no objections are filed within the time specified in Section 12; or
(b) where such objections are filed after such modification or alterations, as may be necessary, in view of the order passed under sub-sections (1) to (4) of Section 12A.
(2) The draft consolidation scheme so confirmed shall be published in the unit, and except as otherwise provided by or under this Act, shall be final.
(3) (i)
Where the allotments made under section 11 are not modified under Section 12A and are confirmed under sub-Section (1) , the entries contained in the extracts issued under sub-section (1), of Section 12, shall, except as provided by or. under this Act, be treated as final allotment orders for the raiyats and under-raiyats concerned.
(ii) Extracts of the scheme showing allotment to the raiyats concerned as confirmed under sub-section (1) shall be issued by-
(a) the Consolidation Officer where the allotments are not modified; and
(b) the Assistant Director of Consolidation, where the allotments have been modified, and the same shall, except as otherwise provided by or under this Act, be the final allotment orders for raiyats and under raiyats concerned,]
### 14. [ Possession and accrual of the amount for trees, etc.
[Substituted by Bihar Act 27 of 1975.]
(1) The Consolidation Officer shall fix the date with effect from which the final consolidation scheme shall come into force and shall, notify the same in the unit in the prescribed manner.
(2) On and after the said date a raiyat or an under-raiyat shall be entitled to possession of the plots allotted to him.
(3) Every raiyat or under-raiyat getting tree, bamboo-clumps, wells and other improvements existing on the plots allotted to him in pursuance of the enforcement of the final consolidation scheme shall, on getting possession, be liable for payment to the former raiyat thereof amount to be determined in the manner prescribed for the trees, bamboo-clumps, wells and other improvements existing on the plots allotted to him.]
### 15. Certificate of transfer.
(1) The Consolidation Officer shall grant to every raiyat to whom a holding has been allotted in pursuance of a scheme of consolidation a certificate in the prescribed form containing the prescribed particulars. Such certificate shall be conclusive proof of the title of such raiyat to such holding and he shall be liable for payment of such rent as may be specified in the certificate.
(2) [ A similar certificate of transfer shall be granted to every under-raiyat, whether having a right of occupancy or not in any land allotted to him in pursuance of the scheme and the certificate shall be conclusive proof of the title of such under raiyat to such land and he shall be liable to payment of such rent and to such person as may be specified in the certificate.]
[Substituted by Bihar Act 27 of 1975.]
### 16. Confirmed scheme to be treated as finally published record-of-rights.
- When certificates of transfer have been granted to the raiyats and under-raiyats under section 15, the scheme confirmed under Section 13 shall, in super session of the up-to-date record-of-rights prepared under Section 8, shall be deemed to be the record-of-rights prepared and finally published under Chapter X of the Bihar Tenancy Act, 1885 (VIII of 1885), or as the case may be, Chapter XII of the Chota Nagpur Tenancy Act, 1908 (Ben. Act VI of 1908), or the Santhal Parganas Settlement Regulation, 1872 (Reg. III of 1872).
### 17. Rights of raiyats after (Consolidation to be same as before.
- A raiyat shall have the same rights in the land allotted to him in pursuance of the scheme of consolidation as he had in his original holding.
### 17A. [ Right to possession of new holdings.
[Inserted by Bihar Act 27 of 1975.]
(1) If all the raiyats affected by the scheme of consolidation confirmed under Section 13, agree to enter into possession of the holdings allotted to them thereunder, the Consolidation Officer may allow them to enter into such possession from the date fixed under sub-section (1) of Section 14.
(2) If all the raiyats as aforesaid do not agree to enter into possession under sub-section (1), they shall be entitled to possession of the holdings allotted to them from the commencement of the agricultural year next following the date of the publication of the scheme under sub-section (2) of Section 1-3 and the Consolidation Officer shall, if necessary, put them in possession of the holdings to which they are so entitled with standing crops, if any, and for so doing, shall have all the powers including the power to punish for contempt and such other powers as are exercisable by a Civil Court in execution of a decree for delivery of possession of immoveable property:
Provided that the right of a raiyat to enter into possession of any holding under sub-section (1) , or to be put in possession of any holding under sub-section (2), shall be subject to the right of any under-raiyat to whom any land comprised in such holding may have been allotted under the scheme of consolidation:
Provided further that delivery of possession shall not affect the right of person from whom possession is transferred to tend and gather the crops standing on such chaks or land or part thereof on the date of delivery unless the Assistant Consolidation Officer decides, for reasons to be recorded, that possession over the crops also shall be delivered:
Provided also that the person tending and gathering standing crop in accordance with the second proviso, shall be liable to pay to the person who has been allotted the chak or lands amount for the use of the land at such rate and in such manner as may be prescribed.
(3) On the expiry of six months from the date on which a raiyat or an under-raiyat becomes entitled to enter into possession of the chak or the lands allotted, whether before or after coming into force of the Bihar Consolidation of Holdings and Prevention of Fragmentation (Amendment) Act, 1973 or on the expiry of six months from the date of the coming into force of that Act, whichever is latter, the raiyat or the under-raiyat, as the case may be, shall, unless possession has been delivered earlier, be deemed to have entered into actual physical possession of the allotted chak or land:
Provided that the fact that a raiyat or under-raiyat has thus entered into possession shall not affect the right of the person from whom possession is deemed to have been transferred to tend and gather the crops standing on the chak or lands or part thereof on the date of expiry of the period of six months aforesaid.]
### 18. Transfer of encumbrances.
- [(1) If any holding included in a scheme of consolidation which has come into operation under Section 14 is subject to any lease, mortgage or other encumbrance, shall, with effect from the date on which possession is delivered or entered into under Section 17A, be deemed to be transferred and attached to the holding under the scheme to the raiyat or to such part of it as the Consolidation Officer may direct and shall cease to have any effect against the holding from which it is so transferred.]
[Substituted by Bihar Act 35 of 1982.]
(2) If the holding to which a lease, mortgage or other encumbrance is transferred under sub-section (1) is of less market value than the original holding from which it is transferred, the lessee, mortgagee or other encumbrancer, as the case may be, shall subject to the provisions of Section 20, be entitled to the payment of such compensation by the raiyat of the former holding as the Consolidation Officer may determine; and such compensation shall be a first charge on the compensation payable to the raiyat under this Act.
(3) Notwithstanding anything contained in Section 14, any lessee or mortgagee or other encumbrancer entitled to possession, may, if necessary, be put in possession of the holding or part of the holding, as the case may be, to which his lease or mortgage or other encumbrancer has been transferred under sub-section (1).
### 19. [ Payment of amount.
[Substituted by Bihar Act 27 of 1975.]
(1) Where possession over standing crops is also delivered under Section 17, the Assistant Consolidation Officer shall determine, in the manner prescribed, the amount payable in respect of such crops by the raiyat or under-raiyat who has been put in possession.
(2) Any person aggrieved by an order under sub-section (1) may within 30 days of the date of the order prefer an appeal before the Consolidation Officer whose decision thereon shall be final.]
### 20. [ Recovery of amount.
[Substituted by Bihar Act 27 of 1975.]
(1) Where a raiyat from whom amount is recoverable under this Act fails to pay the sum within the period prescribed therefor, the person entitled to receive it, may in addition to any other mode of recovery open to him apply to the Collector, within such time as may be prescribed, for recovery on his behalf of the amount due to him as if it were an arrear of land revenue payable to the Government.
(2) Where any amount payable under this Act, is not paid whether in whole or in part, within three months of the date of obtaining possession under Section 17 interest at the rate of six percentum per annum shall be charged on the amount so payable.]
### 21. No instrument necessary to effect transfer.
- No instrument in writing shall be necessary in order to give effect to a transfer involved in carrying out any scheme of consolidation of holdings; and no instrument, if executed, shall require any stamp duty or registration.
### 22. Application of certain laws barred.
- The provisions of any other law for the time being in force, imposing restrictions on, or providing for the payment of landlord's registration fee for the transfer of any land, shall not apply to transfers involved in carrying out any scheme of consolidation of holdings under this Act.
### 23. Loans to assist consolidation.
- For carrying out any of the purposes of this Act, a loan may be granted under the Land Improvement Loans Act, 1883 (XIX of 1883) or the Agriculturists' Loans Act, 1884 (XII of 1884), to a raiyat or an under-raiyat having a right of occupancy in the land held by him.
### 24. Cost of consolidation proceedings.
- The cost of consolidation proceedings shall be assessed in the prescribed manner and shall be recoverable in whole or in part as the State Government may determine from the raiyat whose holdings are effected by the scheme of consolidation:
Provided that the amount so recovered shall not exceed four rupees per acre.
### 25. [ Reduction of land revenue on account of consolidation of land for public purpose.
[Substituted by Bihar Act 27 of 1975.]
(1) Where as a result of contribution for public purposes under the provisions of Section 11, the area of the original total holding of raiyat is reduced, the rent, payable for the holding shall be reduced in the same proportion as the area so contributed bears to the original total area of the holding and the reduced rent shall be shown in the draft consolidation scheme.
(2) A raiyat aggrieved by the reduction made under sub-section (1) may, within 15 days of the date of publication of the draft consolidation scheme under Section 12, file an objection before the [Assistant Director] of Consolidation whose order thereon shall be final.]
### 26. [ Amount payable for land contributed by raiyats for public purposes.
[Substituted by Bihar Act 27 of 1975]
(1) (a)
Every raiyat, any part of whose holding has been contributed for public purposes under this Act, shall be paid for the land so contributed, amount equal to four times the annual rent reduced under Section 25.
(b) In case of trees, bamboo-clumps, wells and other improvements falling within the land so contributed, the amount payable shall be determined in accordance with the provisions of Section 14.
(2) The amount payable to a raiyat shall, after adjustment of the cost of operation under this Act, if any, be paid to him in cash.
(3) Where any land, in respect of which any amount is paid under sub-section (1) is in the occupation of an under-raiyat, there shall be paid to the under-raiyat out of the amount payable to the raiyat an amount equal to 50 percent of such payment in respect of the right, title and interest of the under-raiyat therein.
### 26A. Close of the consolidation operations.
(1) As soon as may be, after fresh maps and records have been prepared and certificates of transfer have been issued to the raiyats under the scheme, the State Government shall issue notification in the Official Gazette stating that the consolidation operations have been closed in the unit:
Provided that the issue of notification under this section shall not affect the powers of the State Government to fix, distribute and recover the cost of operation under this Act.
(2) Notwithstanding anything contained in sub-section (1), any order passed by a court of competent jurisdiction in cases or writ filed under the provisions of the Constitution of India, or in cases or proceedings pending under this Act on the date of issue of the notification under sub-section (1), shall be given effect to by such authorities as may be prescribed and the consolidation operations shall for that purpose be deemed to have not been closed.]
### 27. [x x x]
[Omitted by Act 27 of 1975]
### 28. State Government or local authority not to acquire land so as to leave fragment.
- When a scheme of consolidation has been confirmed under Section 13, no land in any notified area shall be acquired by the State Government or any local authority so as to leave a fragment.
### 29. Special provisions for voluntary consolidation.
- [Two or more raiyats having lands in an area which is not a notified area may, with the permission of the Collector of the district, consolidate their holdings voluntarily and the provisions of Sections 21 and 22 shall apply to any transfer involved in such consolidation.]
[Substituted by Act 27 of 1975]
### 29A. [ Recognition of consolidation scheme prepared by tenants.
[Inserted by Bihar Act 27 of 1975.]
(1) The Consolidation Officer may recognise a consolidation scheme in respect of a village, within a consolidation area, prepared voluntarily by the tenants of the village, where he is satisfied that it conforms to the broad principles of consolidation under this Act and has the support of all the tenants concerned and is otherwise fair to all concerned.
(2) The consolidation scheme recognised under sub-section (1) shall be deemed to have been prepared and confirmed under the provisions of this Act, and shall be enforced thereunder.]
Chapter III
[xxx]
[Words 'Determination of Standard areas and' omitted by Bihar Act 27 of 1975.]
Treatment of Fragments
----------------------------------------------------------------------------------------------------------------------------------
### 30. [Omitted]
[Omitted by Bihar Act 27 of 1975.]
31. Transfer of fragments. - (1) Notwithstanding the provisions of any law for the time being in force, no person shall transfer whether by sale gift or exchange any part of a plot which part is a fragment situate in a consolidated area except to a raiyat who has a plot continuous to the land sought to be transferred:
Provided that if the transfer is of the entire plot which is a fragment it may be in favour of any raiyat:
Provided further that there will be no bar to mortgage or transfer to a society or bank registered or deemed to be registered under the "Bihar and Orissa Co-operative Societies Act, 1935 (B. & O. Act VI of 1935) or the State Bank of India or a bank specified in column 2 of the First Schedule to the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1970 (Act 5 of 1970) or a company or a corporation owned by, or in which not less than fifty per cent of share capital is held by State Government or the central Government or partly by the State Government and partly by the Central Government, for raising loan for agricultural purposes.
[(2) No decree or order shall be passed by any Court in respect of any land included in any consolidation holding so as to create or leave a fragment.]
[Substituted by Bihar Act 27 of 1975.]
Chapter IV
Miscellaneous
-----------------------------
### 32. Transfer of lands prohibited.
- The transfer of any land or fragment contrary to the provisions of this Act shall be void; and the owner of any land, so transferred shall be liable to pay such fine, not exceeding two hundred and fifty rupees, as the Collector of the district may, subject to the general orders of the State Government, direct.
### 33. Power of officers to enter upon land for survey and demarcation.
- The Director of Consolidation or the Consolidation Officer or any person acting under his orders may, at any time, enter upon any land, other than a dwelling house, with such officers or other persons as he considers necessary and make a survey or take measurements thereof or do any other act which he considers to be necessary for carrying out any of his duties under this Act.
### 33A. [ Correction of clerical or arithmetical errors.
[Inserted by Bihar Act 27 of 1975.]
- Notwithstanding anything contained in any law for the time being in force, if the Consolidation Officer or the Assistant Director of Consolidation is satisfied that a clerical or arithmetical error apparent of the face on the record exists in any document prepared under any provision of this Act, he shall either on his own motion or on the application of any person interested, correct the same.]
### 34. Delegation of powers.
(1) The State Government may, by notification in the official Gazette, delegate any of its powers or functions under this Act to any officer not below the rank of a Collector.
(2) The Director of Consolidation may, with the sanction of the State Government, delegate any of his powers or functions under this Act to any officer not below the rank of a Deputy Collector.
(3) [ Where powers are to be exercised or duties are to be performed by any authority under this Act or the rules made thereunder, such powers or duties may also be exercised or performed by an authority superior to it.]
[Inserted by Bihar Act 27 of 1975.]
### 35. [ Revision and reference.
[Substituted by Bihar Act 27 of 1975.]
- The Director of Consolidation may on his own motion or on the application of any party or on reference being made by any subordinate authority, call for and examine the record of any case decided or proceedings taken by such authority for the purpose of satisfying himself as to the regularity of the proceeding; or as to the correctness, legality or propriety of any order passed by such authority in the cases or proceedings, and may after allowing the parties concerned an opportunity of being heard, make such order in the case or proceedings as he thinks fit.]
### 36. Appeal and revision.
- Except as provided in this Act, no appeal or revision shall lie from any order passed under this Act.
### 37. [ Bar of jurisdiction of Civil Courts.
[Substituted by Bihar Act 27 of 1975.]
- No Civil Court shall entertain any suit or application to vary or set aside any decision or order given or passed under this Act with respect to any other matter for which a proceeding could or ought to have been taken under this Act.
### 37A. Authorities under the Act to be deemed courts of competent jurisdiction.
- Notwithstanding anything to the contrary contained in any other law for the time being in force, the Director of Consolidation, the Deputy Director of Consolidation, the Assistant Director of Consolidation, the Consolidation Officer and the Assistant Consolidation Officer shall be deemed to be courts of competent jurisdiction while hearing objections or appeals or deciding disputes under this Act.
### 37B. Authorities under this Act to have powers and privileges as are vested in a Civil Court in certain matters.
- (1 )The Directors of Consolidation, the Deputy Director of Consolidation, the Assistant Director of Consolidation, the Consolidation Officer and the Assistant Consolidation Officer shall have all such powers, rights and privileges while hearing any matter in dispute as are vested in a Civil Court in respect of the following matters, namely:-
(a) the enforcing of the attendance of witnesses and examining them on oath, affirmation or otherwise and issuing a commission to examine witnesses;
(b) compelling any person for the production of any document;
(c) punishing the persons guilty of contempt.
(2) A summon signed by such officer may be substituted for and shall be equivalent to any formal process capable of being issued in any action by a Civil Court for enforcing the attendance of witnesses and compelling the production of any document.]
### 38. Protection of action taken under this Act.
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this Act or any rules made thereunder.
(2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused or for any injury suffered or likely to be suffered by virtue of any provisions of this Act or by anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder,
### 39. Provisions of this Act to prevail over other Acts.
- The provisions of this Act shall have effect, notwithstanding anything to the contrary contained in any other law for the time being in force.
### 40. Power to make rules.
(1) The State Government may, after previous publication, make rules, not inconsistent with this Act for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the State Government may make rules providing for all or any of the following matters:-
(a) the manner of publication of notices;
(b) the manner of giving notices to persons affected or interested;
(c) the manner in which the Consolidation Officer shall consult the Village Advisory committee;
(d) the manner in which a person may be evicted from any land;
(e) the manner in which compensation recoverable from any person shall be deposited by him;
(f) the guidance of the Consolidation Officer in respect of the transfer of a lease, mortgage or other encumbrance;
(g) the manner in which the area and assessment (including water-rates, if any) of each reconstituted holding shall be determined;
(h) the appointment of guardians of minors whose interests may be affected by consolidation proceedings;
(i) the procedure to be followed in filing applications and appeals and in hearing and disposing of such applications and appeals;
(j) the fees to be payable on applications and memoranda of the appeals;
(k) the guidance of the Village Advisory Committee, the Consolidation Officer and other persons in all proceedings under this Act; and
(l) any other matter which is to be, or may be prescribed.
(3) All rules made under this section shall be laid for not less than fourteen days before the State Legislature as soon as possible after they are made, and shall be subject to such modification as the State Legislature may make during the session in which they are so laid.
Notifications
[No. A/T-1061/57-7747-R dated 26th September, 1957. - In exercise of the powers conferred by sub-section (3) of section 1 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act XXII of 1956) the Governor of Bihar is pleased to appoint the 15th day of September, 1957 as the date on which the said Act shall come into force in the district of Patna, Muzaffarpur, Bhagalpur and Ranchi.]
[No. A/T-1051/57-7445 R-dated 18/19th September, 1957. - In exercise of the powers conferred by sub-section (4) of section 2 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act XXII of 1956) the Governor of Bihar is pleased to appoint the Director of Land Records and Surveys, Bihar, to be the Director of Consolidation, Bihar, to discharge all or any of the functions of the Director Consolidation under the said Act.]
No. A/T-1051/57-7446, dated 1 C/19th September, 1957. - In exercise of the powers conferred by sub-section (1) of section 34 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 (Bihar Act XXII of 1956), the Governor of Bihar is pleased to delegate the powers or functions of the State Government under sub-section (2), (3) and (5) of section 30 of the said Act to all the Collectors of the districts within the.local limits of their respective jurisdictions.
|
65b98022ab84c7eca86e93bc | acts |
State of Punjab - Act
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The Punjab Aided Schools (Security of Service) Rules, 1974
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PUNJAB
India
The Punjab Aided Schools (Security of Service) Rules, 1974
============================================================
Rule THE-PUNJAB-AIDED-SCHOOLS-SECURITY-OF-SERVICE-RULES-1974 of 1974
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* Published on 13 February 1974
* Commenced on 13 February 1974
The Punjab Aided Schools (Security of Service) Rules, 1974
Published vide Punjab Notification No. GSR 15/PA19/69 S.7/74 dated 13.2.1974
### 1. Short title.
- These rules may be called the Punjab Aided Schools (Security of Service) Rules, 1974.
### 2. Definitions.
- In these rules unless the context otherwise requires -
(a) 'Act' means the Punjab Aided Schools (Security of Service) Act, 1969;
(b) 'Managing Committee' in relation to an employee of an aided school means the Managing Committee of the Aided School and includes a person or body of persons for the time being entrusted with the management of the aided school;
(c) 'punishing authority' in relation to an employee means the Managing Committee or any person authorised by the Managing Committee or otherwise competent to impose on the employee any of the penalties specified in sub-section (1) of section 3 of the Act.
Explanation. - The term 'otherwise competent' means the Director of Public Instructions, Punjab or any other officer of the Education Department authorised by him who shall assume the powers of the Managing Committee, when -
[(i) it is non-existent;
(ii) its authority is disputed; or
(iii) the management of any School is taken over by the Government on account of its mal-functioning].
### 3. Procedure for imposing penalties. -
[Section 7 (1) ]. - (1) Whenever the punishing authority is of the opinion that there are grounds for enquiring into the truth of any imputation of misconduct or misbehaviour against an employee, it may itself enquire into or appoint an authority to enquire into truth thereof.
(2) Where it is proposed to hold an enquiry against an employee, the punishing authority shall draw or cause to be drawn up
(i) the substance of the imputation of misconduct or misbehaviour into definite and distinct articles of charges;
(ii) a statement of imputation of misconduct or misbehaviour in support of each article of charge, which shall contain -
(a) a statement of all relevant facts including any admission or confession made by the employee;
(b) a list of documents by which and a list of witnesses by whom the articles of charges are proposed to be sustained.
(3) The punishing authority shall deliver or cause to be delivered to the employee a copy of the articles of charges, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall require the employee to submit within [fifteen days a written statement of his defence unless the said authority for reasons to be recorded in writing, wanted the written statement of his defence to be given earlier]
[Ist Amendment Rules, 1974.]
.
(4) The employee may on his written request be permitted to inspect or take extracts from the records pertaining to the case for the purposes of preparing a written statement;
Provided that the punishing authority may, for reasons to be recorded in writing, refuse him access to any record, if in its opinion, such records are not strictly relevant to the case.
[Provided further that in computing the period of fifteen days, referred to in sub-rule (3) , the time requisite for making available such record to the employee for inspection of or taking extracts therefrom, shall be excluded]
[Ist Amendment Rules, 1974.]
.
(5) (a)
On receipt of the written statement of defence, the punishing authority may itself enquire into such of the articles of charges as are not admitted or if it considers it necessary so to do, appoint an authority for the purpose, and where all the articles of charges have been admitted by the employee in his written statement of defence, the punishing authority shall record its findings on each charge.
(b) If no written statement of defence is submitted by the employee within the specified time, the punishing authority may itself enquire into the articles of charges or may, if it considers necessary to do so, appoint an authority for the purpose.
(c) During the course of enquiry the employee shall be entitled to cross examine the witnesses examined in support of the articles of charges and to give evidence in person and to have such witnesses as may be produced, examine in his defence. The person presenting the case in support of the articles of charges shall be entitled to cross-examine the employee and the witnesses examined by him in his defence. If the enquiring authority declines to examine any witness on the ground that his evidence is not relevant or material, it shall record its reasons in writing.
### 4. Report. -
[Section 7 (1) ]. - After the conclusion of the enquiry a report shall be prepared and it shall contain :-
(a) the articles of charges and the statement of imputation of misconduct or misbehaviour;
(b) the defence of the employee in respect of each article of charge;
(c) as assessment of the evidence in respect of each article of charge;
(d) the finding on each article of charge and the reasons therefor.
### 5. Action on Report
- [Section 7 (1) ]. - (i) The punishing authority shall, if it disagrees with the findings of the enquiring authority on any articles of charge, record its reasons for each disagreement and record its own findings on such articles of charges; if the evidence on record is sufficient for the purpose.
(ii) If the punishing authority having regard to the evidence on all or any of the articles of charges, is of the opinion that any of the penalties specified in sub-section (1) of section 3 of the Act should be imposed on the employee, it shall -
(a) furnish to the employee a copy of the report of the enquiry held against him and its findings on each article of charge or where the enquiry had been held by an enquiring authority appointed by it a copy of the report of such authority and a statement of its findings on each article of charge together with brief reasons for disagreement, if any, with the findings of the enquiring authority;
(b) give the employee a notice stating the penalty proposed to be imposed on him calling upon to him to submit within fifteen days on receipt of the notice or within such further time not exceeding fifteen days, as may be allowed, such representation as he may wish to make on the proposed penalty; provided that such representation shall be based only on the evidence adduced during the enquiry.
### 6. Punishment
- [Section 7 (1) ]. - (1) The punishing authority shall after considering the representation, if any, made by the employee, determine what penalty, if any, should be imposed on the employee and may make such order as it may deem fit.
(2) The Punishing Authority shall, within fifteen days of the making of an order under sub-rule (1), send a copy of the same to Deputy Commissioner, for confirmation.
(3) If the order made under [sub-rule (1)]
[Ist Amendment Rules, 1974.]
is confirmed by the Deputy Commissioner, it shall be served on the employee by the punishing authority and shall take effect immediately.
[Inserted vide Punjab Notification dated 6.8.1974.]
|
65b9987dab84c7eca86e96a5 | acts |
State of Haryana - Act
------------------------
Suits Valuation Act-Rules made by High Court under Section 9
--------------------------------------------------------------
HARYANA
India
Suits Valuation Act-Rules made by High Court under Section 9
==============================================================
Rule SUITS-VALUATION-ACT-RULES-MADE-BY-HIGH-COURT-UNDER-SECTION-9 of 1943
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* Published on 2 January 1943
* Commenced on 2 January 1943
Suits Valuation Act-Rules made by High Court under Section 9
These rules came into force on the 2nd January 1943 vide High Court Notification No. 363-R/30-3, dated the 2nd December 1942
Rules made by the High Court with the previous sanction of the State Government, under the powers conferred by section 9 of the Suits Valuation Act, 1887, and all other powers in that behalf, for determining for the purposes specified therein, the value of the subject-matter of certain classes of suits which do not admit of being satisfactorily valued, and for the treatment of such classes of suits as if their subject-matter were of the value as hereinafter stated :-
### 1. (i) Suits in which the plaintiff in the plaint asks for a decree against the other party to an alleged marriage, either alone or with other defendants, for restitution of conjugal rights;
(ii) Similar suits for a decree establishing, annulling or dissolving a marriage or for a declaration that a marriage is void or has been annulled, dissolved or otherwise terminated.
(iii) Suits in which the plaintiff in the plaint ask for a decree establishing an adoption or declaring it void including under the expression "adoption" the customary appointment of an heir -
Value - (a) For the purposes of the Court-fees Act,, 1887, Rs. 200
(b) For the purposes of the Suits Valuation Act, 1887, and the Punjab Courts Act, 1918, Rs. 1,000
Explanation - Classes (i) and (ii) do not include petitions under any special Act relating to the dissolution of marriage.
### 2. Suits by a plaintiff, during the lifetime of a person alleged to have a restricted power of alienation in respect of immovable property, in which the plaintiff in the plaint seeks to have an alienation of immovable property made by such person declared to be void, except for the life of such person or for some other determinate period -
Value - (a) For the purposes of the Court-Fees Act, 1870 as determined by that Act;
(b) For the purposes of the Suits Valuation Act, 1887, and the Punjab Courts Act, 1918 -
(i) When the alienation is by a written instrument which declares the value of the interest purporting to be created, or the amount of the consideration for which the alienation is made - such value or amount;
(ii) In other cases - the market value, at the date of the institution of the suit, of the property alienated;
Subject in either case to the provisions of Part I of the Suits Valuation Act, 1887, and of the rules in force under the said part, so far as those provisions are applicable.
### 3. Suit in which the plaintiff in the plaint asks for accounts only not being -
(i) Suits to recover the amount which may be found due to the plaintiff on taking unsettled accounts between him and the defendant;
(ii) Suits of either of the kinds described in Order XX, rule 13 of the Code of Civil Procedure.
Value - (a) For the purposes of the Court-fees Act, 1887, Rs. 200.00
(b) For the purposes of the Suits Valuation Act, 1887 and the Punjab Courts Act, 1918, Rs. 1,000.00
### 4. (i) Suits in which the plaintiff in the plaint seeks to recover the amount which may be found due to the plaintiff on taking unsettled accounts between him and the defendant;
(ii) Suits of either of the kinds described in Order XX, rule 13 of the Code of Civil Procedure;
| | |
| --- | --- |
|
Value for the purpose of Court-fee.
|
(a) As determined by the Court-fees Act, 1870.
|
|
Value for the purpose of jurisdiction
|
(b) For the purposes of the Suits Valuation
Act, 1887, and the Punjab Courts Act, 1918, as valued by the
plaintiff in the plaint, subject to determination by the Court
at any stage of the trial.
|
### 5. Suits in which the plaintiff in the plaint seeks to establish or to negative any right hereinafter mentioned, without an injunction, and with or without damages, namely :-
A right of way; a right to open or maintain or close a door or a window; or a drain, or a water spout (parnala) ; a right to or in a water-course or to the use of water; a right to build, or raise, alter or demolish a wall; or to use an alleged party wall or joint staircase;
Value - (a) For the purpose of the Court-fees Act, 1870
| | |
| --- | --- |
|
(i) Suits to establish a right - whether or not injunction is
prayed for
|
Rs. 130.00
|
|
(ii) Suits to establish a right and for damages whether or
not injunction is prayed for plus such sum as is claimed as
damages;
|
Rs. 130.00
|
(b) For the purposes of the Suits Valuation Act, 1887, and the Punjab Courts Act, 1918, as for the purposes of the Court-fees Act, 1870.
### 6. Suits in which the plaintiff in the plaint seeks to set aside an award, and applications registered as suits under the provisions of sections 20 and 31 of the Indian Arbitration Act, X of 1940 (to file an agreement to refer to arbitration or to file an award), when or so far as the award or the agreement relates to property :-
Value - (a) For the purposes of the Court-fees Act, 1870 - as determined by that Act.
(b) For the purposes of the Suits Valuation Act, 1887, and the Punjab Courts Act, 1918 (as amended), the market value of the property in dispute, subject to the provisions of Part I of the Suits Valuation Act, 1887, and of the rules in force under the said Part, so far as those provisions are applicable.
### 7. Suits in which the plaintiff in the plaint, asks for a mere declaration without any consequential relief in respect of property other than land assessed to land revenue.
Value - (a) For the purposes of the Court-fees Act, 1870, as determined by that Act.
(b) For the purposes of the Suit Valuation Act, 1887, and the Punjab Courts Act, 1918 - the market value of the property in dispute, at the date of institution of the suit, subject to the provisions of Part I of the Suits Valuation Act, 1887, and the rules in force under the said Part, so far as those provisions are applicable.
### 8. Suits for partition of property.
Court-fee - (a) As determined by the Court-fees Act, 1870.
Value - (b) For the purposes of the Suits Valuation Act, 1887 and the Punjab Courts Act, 1918 - the value of the whole property as determined by sections 3, 8 and 9 of the Suits Valuation Act, 1887.
### 9. Suits in which the plaintiff in the plaint asks for redemption of the property mortgaged or foreclosure of the mortgage :-
Value - (a) For the purposes of the Court-fees Act, 1870, as fixed by section 7 (ix) of that Act.
(b) For the purposes of the Suit Valuation Act, 1887, and the Punjab Courts Act, 1918 - the amount of the principal and interest calculated on the terms of the mortgage at the date of the institution of the suit.
### 10. Suits in which the plaintiff asks for cancellation of a decree for money or other property having a money value, or other document securing money or other property having such value;
Value - (a) For the purposes of the Court-fees Act, 1870 - as determined by that Act.
(b) For the purposes of the Suit Valuation Act, 1887, and the Punjab Courts Act, 1918, according to the value of the subject-matter of the suit, and such value shall be deemed to be :
(i) If the whole decree or other document is sought to be cancelled, the amount or the value of the property for which the decree was passed or the other document executed;
(ii) If a part of the decree or other document is sought to be cancelled, such part of the amount or value of the property.
### 11. The foregoing rules are subject to the following explanations -
(i) the term "plaint" includes an amended as well as original plaint,
(ii) a suit falling within any of the above description is not excluded therefrom merely by reason of the plaint seeking other relief in addition to that described in any of the foregoing rules.
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65b9afbcab84c7eca86e99bf | acts |
State of Rajasthan - Act
--------------------------
The Rajasthan Subordinate Co-Operative Service (Class I) Rules, 1955
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RAJASTHAN
India
The Rajasthan Subordinate Co-Operative Service (Class I) Rules, 1955
======================================================================
Rule THE-RAJASTHAN-SUBORDINATE-CO-OPERATIVE-SERVICE-CLASS-I-RULES-1955 of 1955
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* Published on 18 February 1956
* Commenced on 18 February 1956
The Rajasthan Subordinate Co-Operative Service (Class I) Rules, 1955
Published vide Notification No. F. 10(2) Apptts(A)/55 dated 14th September. 1955, published in the Rajasthan Rajpatra, Part 4-C, dated 18th February, 1956
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, His Highness, the Rajpramukh of Rajasthan makes the following rules, regulating recruitment to posts in, and conditions of service of persons appointed to the Rajasthan Subordinate Co-operative Service (Class I).
Part I – General
------------------
### 1. Short title and commencement.
- These Rules may be called the Rajasthan Subordinate Co-operative Service (Class I) Rules, 1955 and shall come into force at once.
### 2. Supersession of existing rules and orders.
- All existing rules and orders in relation to matters covered by these Rules are hereby superseded, but any action taken by or in pursuance of such existing rules and orders shall be deemed to have been taken under these Rules.
### 3. Status of the Service.
- The Rajasthan Subordinate Co-operative Service (Class I) is a Subordinate Service.
### 4. Definitions.
- In these Rules unless there is anything repugnant in the subject or context-
(a) "Commission" means the Rajasthan Public Service Commission;
(b) "Direct recruitment" means recruitment by the method prescribed by rule 7(i);
(bb) "Equivalent post" means post involving duties of a similar nature to that of a post in the Service and carrying identical time scale of pay.
(c) "Government and State" mean respectively, the Government of Rajasthan and the State of Rajasthan;
(d) "Member of the Service" means a person appointed substantively to a post in the Service under the provisions of these Rules or the rules or orders superseded by rule 2;
(e) "Registrar" means the Registrar, Co-operative Societies, Rajasthan;
(f) "Schedule" means a schedule to these Rules;
(g) "Service" means the Rajasthan Subordinate Co-operative Service (Class I);
(h) "Substantive Appointment" means an appointment made under the provisions of these Rules to a substantive vacancy after due selection by any of the methods of recruitment prescribed under these Rules and includes an appointment on probation or as a probationer followed by confirmation on the completion of the probationary period;
Note.- Due selection by any methods of recruitment prescribed under these Rules will include recruitment either on initial constitution of Service or in accordance with the provisions of any Rules promulgated under proviso to Article 309 of the Constitution of India, except urgent temporary appointment.
(i) [ "Service" or "Experience" wherever prescribed in these Rules as a condition for promotion from one service to another or within the Service from one category to another or to senior posts, in the case of a person holding a lower post eligible for promotion to higher post shall include the period for which the person has continuously worked on such lower post after regular selection in accordance with Rules promulgated under proviso to Article 309 of the Constitution of India; and
[Substituted by No. F. 6 (2) DOP/A-II/71, dated 29-8-1982.]
Note.- Absence during service e.g. training, leave and deputation etc. which are treated as "duty" under the Rajasthan Service Rules, 1951 shall also be counted as service for computing experience or service required for promotion.]
(j) [ "Year" means the financial year.]
[Added by No. F. 7(2) DOP/A-II/81 dated 21-12-1981 [1-4-81]
]
### 5. Interpretation.
- Unless the context otherwise requires the Rajasthan General Clauses Act (Rajasthan Act VIII of 1955) shall apply as it applies for the interpretation of a Rajasthan Act.
Part II – Cadre
-----------------
### 6. Composition and strength of the Service.
(1) The posts included in the Service shall be as specified below:
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| --- | --- |
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(i) Inspector Grade -I
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(Executive) |
|
(ii) Inspector Grade -II
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(Executive) |
|
(iii) Inspector Grade-I
|
(Audit) |
|
(iv) Inspector Grade II
|
(Audit) |
|
(v) Publicity Officer
|
|
|
(vi) Asstt. Publicity Officer.
|
|
(2) The strength of posts in each grade/category shall be such as may be determined by the Government from time to time:
Provided that the Government may:
(a) create any post, permanent or temporary from time to time, as may be found necessary;
(b) leave unfilled or hold in abeyance or abolish any post, permanent or temporary from time to time without thereby entitling any person to any compensation:
Provided further that on the promotion of a member of Service from Grade III to Grade II or on his ceasing to be a member of the Service, the posts held by him in Grade III shall automatically be transferred from that Grade to Grade II.
Part III – Recruitment
------------------------
### 7. Sources of recruitment.
- Recruitment to the Service shall be made to the posts of Inspectors Grade II-
(i) by a competitive examination:
(ii) by promotion from the Rajasthan Subordinate Co-operative Service (Class II):
(iii) by transfer of persons holding substantively an equivalent post when such a post is abolished;
(iv) Recruitment to the post of Asstt. Publicity Officer shall be made by the Registrar in accordance with rule 28(A).
Provided:-
(1) that till the 1st day of April, 1959, Government may with the concurrence of the Public Service Commission, dispense with the requirement of Competitive Examination and request the Public Service Commission to select candidates by means of interview only or from among the candidates who are declared successful at the Naib Tehsildars Examination held by the Commission under the Rajasthan Tehsildar Service Rules but are surplus to the requirements of the Revenue Department.
(2) that the candidates recruited in accordance with proviso (1) shall be deemed to have been appointed by direct recruitment for purposes of all other rules.
(3) [ that the person who have continuously held the posts of Inspectors Gr. II in an ad hoc or urgent temporary basis for a period of not less than 5 years as on 1.1.1985 and still holding the post on the date of publication of the amendment in the Rajasthan Gazette shall be screened by a Committee consisting of the Registrar, the Dy. Secretary to the Govt. Co-operative Department, the Dy. Secretary to the Govt., Department of Personnel, and the Deputy Registrar (Adm.) for adjudging their suitability for the post held by them and be appointed to the said posts on regular basis in the Service, if they possess the qualification prescribed in the rules for direct recruitment. The inter se seniority of these persons shall be determined by the Screening Committee on the basis of length of Service and the seniority of the Inspectors so screened will be assigned below the persons appointed to the post of Co-operative Inspector, Gr. II by direct recruitment through the Commission in the year, 1988.]
[Added by No. F. 2(9) DOP/A-II/79, dated 22.7.1991.]
### 7A. (1) Notwithstanding anything contained in Rule 7, regarding method of recruitment/source of recruitment, 12-1/2% of the posts to be filled in by direct recruitment to the post of Inspector Grade II/(Audit/Executive) shall be reserved for being filled in from amongst the Ministerial staff holding a post in the cadre substantively of the department concerned, subject to their being found otherwise eligible for such recruitment under the relevant rules.
(2) The said reservation shall be carried forward only to the next succeeding year.
### 7B. Notwithstanding anything contained in the recruitment, appointment, promotion, seniority and confirmation etc. of a person who joins the Army/Air Force/Navy during an Emergency shall be regulated by such orders and instructions as may be issued by the Government from time to time provided that these are regulated mutatis mutandis according to the instructions issued on the subject by the Government of India.
### 8. Reservation of vacancies for the Scheduled Castes and the Scheduled Tribes.
(1) Reservation of vacancies for the Scheduled Castes and the Scheduled Tribes shall be in accordance with the orders of the Government for such reservation in force at the time of recruitment i.e. by direct recruitment and by promotion.
(2) The vacancies so reserved for promotion shall be filled in by [Seniority-cum-merit and merit]
[Substituted for the words 'Merit cum seniority' by No. F.7(4) DOP/A-II/73, dated 29.1.1981.]
.
(3) In filling the vacancies so reserved the eligible candidates who are members of the Scheduled Castes and the Scheduled Tribes shall be considered for appointment in the order in which their names appear in the list prepared for Direct Recruitment by the Commission, for posts falling in its purview, and by the Appointing Authority in other cases, and the Departmental Promotion Committee or the Appointing Authority, as the case may be, in the case of promotees, irrespective of their relative rank as compared with other candidates.
(4) Appointments shall be made strictly in accordance with the rosters prescribed separately for direct recruitment and promotion. In the event of non-availability of the eligible and suitable candidates amongst Scheduled Castes and Scheduled Tribes, as the case may be, in a particular year, the vacancies so reserved for them shall be filled in accordance with the normal procedure and an equivalent number of additional vacancies shall be reserved in the subsequent year. Such of the vacancies which remain so unfilled shall be carried forward to the subsequent three recruitment years in total and thereafter such reservation would lapse:
Provided that there shall be no carry forward of the vacancies in posts or class/category/group of posts in any cadre of Service to which promotions are made on the bias of merit alone, under these Rules.
### 8A. [ Reservation of vacancies for Other Backward Classes.
[Added by No. F. 7(2) DOP/A-II/93 dated 24-5-1994 [28-9-93]
]
- Reservation of vacancies for Other Backward Classes shall be in accordance with the orders of the Govt, for such reservation in force at the time of direct recruitment. In the event of non- availability of eligible and suitable candidates amongst Other Backward Classes in a particular year, the vacancies so reserved for them shall be filled in accordance with the normal procedure.]
### 9. [ Determination of vacancies.
[Substituted by No. F. 7(2) DOP/A-II/81 dated 21-12-1981 [1-4-81]
]
(1) (a)
Subject to the provisions of these Rules, the Appointing Authority shall determine on 1st April every year, the actual number of vacancies occurring during the financial year.
(b) Where a post is to be filled in by a single method as prescribed in the rule or Schedule, the vacancies so determined shall be filled in by that method.
(c) Where a post is to be filled in by more than one method as prescribed in the rules or Schedule, the apportionment of vacancies, determined under clause (a) above, to each such method shall be done maintaining the prescribed proportion for the over all number of posts already filled in. If any fraction of vacancies is left over, after apportionment of the vacancies in the manner prescribed above, the same shall be apportioned to the quota of various methods prescribed in a continuous cyclic order giving precedence to the promotion quota.
(2) The Appointing Authority shall also determine the vacancies of earlier years, yearwise which were required to be filled in by promotion if such vacancies were not determined and filled earlier in the year in which they were required to be filled in.]
### 10. Nationality.
- A candidate for appointment to the Service must be:-
(a) a citizen of India, or
(b) a subject of Nepal, or
(c) a subject of Bhutan, or
(d) a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India, or
(e) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka, East African Countries of Kenya, Uganda, the United Republic of Tanzania (formerly Tanganyika and Zanzibar), Zambia, Malawi, Zaire, Ethiopia and Vietnam with the intention of permanently settling in India:
Provided that a candidate belonging to categories (b) , (c), (d) and (e) shall be a person in whose favour a certificate of eligibility has been issued by the Government of India.
A candidate in whose case a certificate of eligibility is necessary may be admitted to an examination or interview conducted by the Commission or other recruiting authority and he may also provisionally be appointed subject to the necessary certificate being given to him by the Government.
### 10A. [Condition of eligibility of persons migrated from other Countries to India]
[Added by No. F. 2(4) DOP/A-II/79, dated 22.11.1984.]
.
- Notwithstanding anything contained in these Rules, provisions regarding eligibility for recruitment to the Service with regard to Nationality, age-limit and fee or other concessions to a person who may migrate from other countries to India with the intention of permanently settling in India shall be regulated by such orders or instructions as may be issued by the State Government from time to time and the same shall be regulated mutatis mutandis according to the instructions issued on the subject by the Government of India.
### 11. Age.
- A candidate for direct recruitment must have attained the age of 20 years and must not have attained the age of [33 years]
[Substituted for '33 years' by No. F. 7(2) DOP/A-II/84 dated 20-3-1990.]
on the first day of January next following the date of application:
Provided:-
(1) that if a candidate would have been entitled in respect of hi.s age to appear at the examination in any year in which no such examination was held, he shall be deemed to be entitled in respect of his age to appear at the next following examination;
(2) that in respect of the first examination to be held under the provisions of these Rules, the upper age limit shall be 28 years except in the case of a person employed in connection with the affairs of the State of Rajasthan, who held in a substantive capacity, a permanent post in one of the Covenanting States or had a lien on such a post or would have held a lien, if it had not been suspended for whom the upper age limit shall be 33 years; and
(3) that in all of the above cases, the upper age limit for a candidate of Scheduled Caste or of a Scheduled Tribe shall be deemed to have been raised further by 5 years;
(4) that the upper age limit for jagirdars including Jagirdars' sons who did not have any sub-Jagir for their subsistence shall be 40 years;
(5) provided that the upper age-limit for the reservists, namely the Defence Service Personnel transferred to the reserve, shall be 50 years;
Note.- (1) This relaxation will remain in force for a period ending 1st January, 1962.
(2) In the case of women candidates the upper age limit shall be raised by ten years.
(6) . that the upper age limit for the political sufferers shall be 40 years till the 31st December, 1964;
Explanation.- The expression "political sufferer" for the purpose of this rule shall have the meaning assigned to it under clause (iii) of rule 2 of the Rajasthan Political Sufferers Aid Rules, 1959.
(7) that the upper age limit mentioned above shall be relaxable by a period equal to the Service rendered in the N.C.C. in the case of cadet Instructors and if the resultant age does not exceed the prescribed maximum age limit by more than three years, they shall be deemed to be within the prescribed age limit;
(8) Provided that the upper age-limit in the case of Ministerial and Class IV Employees of the Department for category of posts reserved for them under these Rules shall be 40 years;
(9) that for recruitment to the post not within the purview of the Commission, the upper age-limit for persons who were retrenched from the State Government Service for want of a vacancy or due to abolition of post shall be 35 years if they were within the age- limit prescribed under these Rules, when they were initially appointed to the post from' which they were first retrenched provided that normal prescribed channels of recruitment relating to qualifications, character, medical fitness etc. are fulfilled and they were not retrenched on account of complaint or delinquency and they produce a certificate of having rendered good services from the last Appointing Authority;
(10) that the upper age-limit mentioned above shall be relaxed upto 45 years for the persons repatriated from Burma and Ceylon on or after 1-3-1963 and East African Countries of Kenya, Tanganyika, Uganda and Zanzibar with a further relaxation upto 5 years in the case of persons belonging to the Scheduled Castes or the Scheduled Tribes;
(11) that there shall be no age-limit in the case of persons repatriated from East African countries of Kenya, Tanganyika, Uganda and Zanzibar;
(12) notwithstanding anything contained contrary in these Rules, in the case of persons serving in connection with the affairs of the State in substantive capacity, the upper age limit shall be 40 years for direct recruitment to posts filled in by competitive examinations or in case of posts filled in through the Commission by interview. This relaxation shall not apply to urgent temporary appointments;
(13) that the upper age-limit mentioned above shall not apply in the case of an ex-prisoner who had served under the Government on a substantive basis on any post before his conviction and was eligible for appointment under the Rules;
(14) that in the case of other ex-prisoner the upper age-limit mentioned above shall be relaxed by a period equal to the term of imprisonment served by him provided he was not overage before his conviction and was eligible for appointment under the Rules;
(15) that the Released Emergency Commissioned Officers and Short Service Commissioned Officers after release from the Army shall be deemed to be within the age-limit even though they have crossed the age-limit when they appear before the Commission had they been eligible as such at the time of their joining the Commission in the Army;
(16) that there shall be no age-limit in case of persons repatriated from Pakistan during the 1971 Indo-Pak-War.
(17) [ that there shall be no age limit in the case of widows and divorcee women.
[Added by No. F. 7(2) DOP/A-II/84, dated 18.12.1987.]
Explanation.- That in the case of widow, she will have to furnish a certificate of death of her husband from the Competent Authority and in case of divorcee she will have to furnish the proof of divorcee.]
### 12. Academic qualifications.
(1) A candidate for direct recruitment to the Service excluding the posts of Asstt. Publicity Officer & Publicity Officer must hold a degree in Arts, Science, Agriculture or Commerce of the Rajasthan University or of a University recognised by the Government in consultation with the Commission for the purpose or possess Hindi or Sanskrit qualifications recognised by the Government, in consultation with the Commission as equivalent to the aforesaid degree.
Note.- Government have decided to recognise the Diploma in Rural Service awarded by the National Council of Rural Higher Education, as equivalent to the first degree of a recognised University for purposes of appointment to Services and posts under the Government for a period of five years only, in the first instance with effect from 2nd June, 1959.
(2) A candidate for direct recruitment to the post of Asstt. Publicity Officer must hold a Degree in Arts with Hindi Literature in 2nd Division from a University established by law in India or Hindi or Sanskrit qualification recognised by the Government as equivalent thereto and must have either at least 5 year's experience in journalism in a newspaper office of repute or in a Public Relation Department of any State Government or Central Government.
OR
Diploma in Journalism/Cooperation, Preference will be given to person having post-graduate degree in Hindi or English or Diploma in Co-operation.
### 13. Character.
- The character of a candidate for direct recruitment must be such as to qualify him for employment in the Service. He must produce a certificate of good character from the Principal, Academic Officer of the University or College in which he was last educated and two such certificates written not more than six months prior to the date of application from two responsible persons not connected with his College or University and not related to him.
Note 1.- A conviction by a court of law need not of itself involve the refusal of a certificate of good character. The circumstances of the conviction should be taken into account and if they involve no moral turpitude or association with crimes of violence or with a movement which has as its object the overthrow by violent means of Government as by law established, the mere conviction need not be regarded as a disqualification.
### 2. Ex-prisoners who by their disciplined life while in prison and by their subsequent good conduct have proved to be completely reformed should not be discriminated against on grounds of the previous conviction for purposes of employment in the Service. Those who are convicted of offences not involving moral turpitude shall be deemed to have been completely reformed on the production of a report to that effect from the Superintendent, After-care Home or if there are no such homes in a particular district, from the Superintendent of Police of that district. Those convicted of offences involving moral turpitude shall be required to produce a certificate from the Superintendent, After-Care Home endorsed by the Inspector General of Prisons to the effect that they are suitable for employment as they have proved to be completely reformed by their disciplined life while in prison and by their subsequent good conduct, in an After-Care Home.
### 14. Physical fitness.
- A candidate for direct recruitment to the Service, must be in good mental or bodily health and free form any mental or physical defect likely to interfere with the efficient performance of his duties as a member of Service and if selected must produce a certificate to that effect from a Medical Authority notified by the Government for the purpose. The Appointing Authority may dispense with production of such certificate in the case of candidate promoted in the regular line of promotion, or who is already serving in connection with the affairs of the State if he has already been medically examined for the previous appointment and the essential standards of medical examination of the two posts held by him are to be comparable for efficient performance of duties of the new post and his age has not reduced his efficiency for the purpose.
### 14A. Employment of irregular or improper means.
- A candidate who is or has been declared by the Commission/Appointing Authority guilty of impersonation or of submitting fabricated documents which are incorrect or false or of suppressing material information or using or attempting to use unfair means in the examination or interview or otherwise resorting to any other irregular or improper means for obtaining admission to the examination or appearance at any interview, shall, in addition to rendering himself liable to criminal prosecution, be debarred either permanently or for a specified period:
(a) by the Commission / Appointing Authority from admission to any examination or appearance at any interview held by the Commission/Appointing Authority for selection of candidates: and
(b) by the Government from employment under the Government.
### 15. Qualifying Service etc. for promotion to the Service.
(1) No person shall be recruited to the Service, including the post of Asstt. Publicity Officer and Publicity Officer, by promotion unless he has been serving in the Rajasthan Subordinate Co- operative Service (Class II) for at least 5 years on the last day of January of the year in which the selection is made and has successfully completed the course of training prescribed for Asstt. Inspectors.
Explanation.- Service on a corresponding post in the Co-operative Department of an erst-while State of Rajasthan shall count as service in the Rajasthan Subordinate Co-operative Service Class II.
(2) No person shall be appointed to the post of Publicity Officer by promotion unless he has 5 year's experience as Asstt. Publicity Officer.
### 16. Canvassing.
- No recommendation for recruitment either written or oral other than that required under the rules, shall be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature by other means may disqualify him for recruitment.
Part IV – Procedure for Direct Recruitment
--------------------------------------------
### 17. Frequency of examinations.
- A competitive examination for recruitment to the Service excluding the post of Asstt. Publicity Officer and Publicity Officer shall be held every year unless Government, in consultation with the Commission, decide not to hold the examination in any particular year.
### 18. Authority for conducting the examination and Syllabus.
(1) The examination shall be conducted by the Commission in accordance with the syllabus prescribed in Schedule II:
Provided that the syllabus may be revised by Government from time to time as it may deem fit in consultation with the Commission.
(2) Subject to the provisions of sub-rule (1) the Commission may in consultation with Government, hold a combined examination for direct recruitment to the Service excluding the post of Asstt. Publicity Officer and Publicity Officer and to any other service or services.
### 19. Inviting of applications.
(1) On a requisition for direct recruitment to the Service having excluding the post of Assistant Publicity Officer and Publicity Officer been made by the Registrar to the Commission, the Commission shall call for applications for permission to sit at the examination by publishing a notice to that effect in the Rajasthan Gazette or in such other manner as they may deem fit:
Provided that while selecting candidates for the vacancies so advertised, the Commission may, (i) if intimation of additional requirement is sent to the Commission before the selection and (ii) if suitable persons are available, keep on their reserve list more candidates whose number shall not exceed 50% of the advertised vacancies.
The names of such candidates may, on requisition, be recommended in the order of merit to the Appointing Authority within six months from the date on which the original list is forwarded to the Appointing Authority.
(2) Subject to the provisions of these Rules, the Commission may issue, alongwith the notice or in such other manner as they may deem fit, such instructions for the guidance of the candidates as they may deem necessary, giving information among other on the following details:-
(i) Number of vacancies to be filled by direct recruitment, indicating the number of vacancies reserved for candidates of Scheduled Castes and Scheduled Tribes;
(ii) Date of submission of applications for permission and method of submission:
(iii) Qualifications required of candidates and the method by which these qualifications shall be established;
(iv) Date and place of examination;
(v) Syllabus of the examination.
### 20. Form of application.
- The application shall be made in the form approved by the Commission or the Appointing Authority as the case may be, and obtainable from the Secretary to the Commission or from the office of the Appointing Authority, as the case may be, on payment of such fee as the Commission or the Appointing Authority may, from time to time, fix:
Provided that the persons repatriated from Burma and Ceylon on or after 1-3-1963 and from East African Countries of Kenya, Tanganyika, Uganda and Zanzibar shall be exempted for payment of cost of Application form prescribed by the Commission or the Appointing Authority, as the case may be, subject to the condition that the Commission or the Appointing Authority, as the case may be, is satisfied that such persons are not in a position to pay such fee.
### 21. Admission to the examination.
(1) No candidate shall be admitted to the examination unless he holds a certificate of admission granted by the Commission. Before granting such certificate the Commission shall satisfy themselves in each case that the application has been made strictly in accordance with the provisions of these Rules:
Provided that the Commission may at their discretion allow a bonafied mistake made in the filling of the prescribed form of presentation of the application to be furnished in good time before the commencement of the examination.
(2) The decision of the Commission as to the eligibility or otherwise of a candidate for admission to the examination shall be final.
### 22. Examination fee.
(1) A candidate for direct recruitment to a post in the Service must pay to the Commission such fee as are fixed by them.
Annexure
| | | | |
| --- | --- | --- | --- |
|
|
|
For Competitive Examinations
|
For I Interviews
|
|
1.
|
State Services
|
Rs. 50.00
|
Rs. 20.00
|
|
2.
|
Subordinate Services carrying Pay Scale not lower than Rs.
110- 225.
|
Rs. 30.00
|
Rs. 10.00
|
|
3.
|
Ministerial Services carrying Pay Scale, lower than Rs.
110-225
|
Rs. 20.00
|
Rs. 05.00
|
In the case of candidates belonging to Scheduled Castes/ Scheduled Tribes, the fee shall be one-fourth in all cases. Form of application shall be obtainable from the Commission free of charge:
Provided that the persons repatriated from Burma and Ceylon on or after 1-3-1963 and from East African countries of Kenya, Tanganyika, Uganda and Zanzibar shall be exempted from payment of Application fee or "Examination fee" as the case may be, as prescribed by the Commission or the Appointing Authority, as the case may be, subject to the condition that the Commission or the Appointing Authority, as the case may be, is satisfied that such persons are not in a position to pay such fee.
(2) In case, the examination is being held under Rule 18(2), a candidate wishing to be considered for any service or services besides the Service shall pay to the Commission such additional fee or fees as the Commission may require, after consultation with Government, instead of paying the full examination fee in respect of each such service separately.
(3) No claim for the refund of the examination fee shall be entertained nor the fee shall be held in reserve for any other examination by the Commission. In the latter case a deduction of Rs. 5/- shall be made before the refund is paid.
### 23. Personality and Viva Voce Examinations.
- After the marks obtained by the candidates in the written test have been received, the Commission shall call for interview such of them as have obtained an aggregate of 45% or over of the total marks for the written test with a minimum of 33 1 /2% marks in each subject and shall award marks to each candidate, interviewed by them. In interviewing the candidates besides awarding marks in respect of character, personality, address and physique, marks shall also be awarded for the candidates' proficiency in the Rajasthani dialects and his knowledge of Rajasthani Social Customs. The marks so awarded shall be added to the marks obtained in the written test by such candidate, respectively.
### 24. Recommendations of the Commission.
- The Commission shall prepare a list of the candidates recommended by them for direct recruitment in order of their proficiency as disclosed by their aggregate marks. If two or more of such candidates obtain equal marks in the aggregate, the Commission shall arrange them in order to merit on the basis of their general suitability for the service.
The Commission may award grace marks upto one in any one or more of the compulsory papers and upto 3 in the aggregate to enable a candidate to qualify at the Examination who might otherwise have not qualified in the said examination:
Provided that the Commission shall not recommend any candidate who has failed to obtain a minimum of 50% marks in the aggregate:
Provided that for the posts which are to be filled through Combined Competitive Examination under the Rajasthan State and Subordinate Service (Direct Recruitment by Combined Competitive Examinations) Rules, 1962, the Commission may, on requisition, recommend, in the order of merit, further names in addition to the advertised vacancies against additional vacancies intimated to them by the Government or the Appointing Authority, as the case may be, before the final result of the Combined Competititve Examination is declared by the Commission.
### 24A. Disqualification for appointment.
(1) No male candidate who has more than one wife living shall be eligible for appointment to the Service unless Government after being satisfied that there are special grounds for doing so, exempt any candidate from the operation of this rule.
(2) No female candidate who is married to a person having already a wife living shall be eligible for appointment to the Service unless Government after being satisfied that there are special grounds for doing so, exempt any female candidate from the operation of this rule.
(3) Deleted.
(4) No married candidate shall be eligible for appointment to the Service if he/she had at the time of his/her marriage accepted any dowry;
Explanation.- For the purpose of this rule, 'dowry' has the same meaning as in the Dowry Prohibition Act, 1961 (Central Act 28 of 1961).
### 25. Selection by Registrar.
- Subject to the provision of rule 8 [and 8A]
[Inserted by No. F. 7(2) DOP/A-II/93 dated 24-5-1994 [28-9-93]
], the Registrar shall select the candidates who stand highest in order of merit in the list prepared by the Commission under rule 24 provided that he is satisfied, after such enquiry as may be considered necessary that such candidates are suitable in all respects for appointment to the Service.
### 25A. Procedure for Direct recruitment to the post of Asstt. Publicity Officer.
(1) Application for direct recruitment to the post of Asstt. Publicity Officer shall be invited by the Registrar by advertising the vacancies, in the Official Gazette, or in such other manner, as he thinks fit.
(2) The application shall be made in the form approved by the Registrar and obtainable from the office of the Registrar on payment of such fee as the Registrar, may from time to time, fix.
(3) The Registrar shall scrutinize the applications received by him and require the candidates, whom he finds eligible for appointment under these Rules, to appear before the Committee for interview and for test in such manner as the Committee may deem fit:
Provided that the decision of the Registrar regarding the eligibility or otherwise of a candidate shall be final.
(4) The Committee shall prepare a list of the candidates equal to twice the number of posts advertised, whom it considers suitable for appointment and arrange them in order of merit:
Provided that the Committee may, to the extent of 50% of the advertised vacancies, keep names of suitable candidates on the reserve list and may on requisition, recommend the names of such candidates in the order of merit to the Registrar within six months from the date on which the original list is forwarded by the Committee to the Registrar.
(5) Subject to the provisions of rules, the Registrar shall select the candidates who stand highest in order of merit in the list prepared by the Committee under sub-rule (4) of rule 25(A):
Provided that the inclusion of a candidate's name in the list confers no right to appointment unless the Appointing Authority is satisfied after such enquiry as may be considered necessary that such candidate is suitable in all other respects for appointment to the post concerned.
Part V – Procedure for Recruitment by Promotion
-------------------------------------------------
### 26. Criterion for selection.
(1) For purposes of recruitment by promotion to the Service, a selection strictly on Seniority-cum- merit shall be made from among all the members of the Rajasthan Subordinate Co-operative Service (Class II) eligible for such promotion under the provision of these Rules on the first day of the month of April of year of selection.
(2) Deleted.
Explanation.- in case direct recruitment to a post has been made earlier than regular selection for promotion in a particular year, such of the persons, who are or were eligible for appointment to that post by both the methods of recruitment and have been appointed by direct recruitment first, shall also be considered for promotion.
### 26A. No officer shall be considered for promotion unless he is substantively appointed and confirmed on the next lower post. If no officer substantive in next lower post is eligible for promotion, officers who have been appointed on such post on officiating basis after selection in accordance with one of the methods of recruitment or under any Service Rules promulgated under proviso to Article 309 of the Constitution of India may be considered for promotion on officiating basis only in the order of seniority in which they would have been had they been substantive on the said lower post.
### 27. Procedure for selection.
(1) Wherever it is decided that a number of vacancies of Inspectors Gr. II are to be filled by promotion, the Registrar shall on the basis of recommendations received from time to time, from the officers subordinate to him or otherwise on the basis of annual confidential report and other service records prepare a list of suitable candidates for promotion to the class of posts concerned in order of seniority. The number of candidates included in the list shall be, subject to the availability of suitable candidates, twice the number of vacancies likely to be filled by promotion.
(2) The list prepared under sub-rule (1), shall be forwarded by the Registrar to the Commission together with the confidential rolls and other service records of the candidates included in the list as also of persons superseded if any, and the Commission shall be requested to advise on their suitability for promotion. The Commission shall consider the cases of the persons included in the list in the order, in which they have been placed and shall, subject to their suitability, approve as many of them as the number of vacancies likely to be filled by promotion.
(3) The names of candidates approved by the Commission shall be communicated to the Registrar, who shall arrange them in order of their seniority as members of the Rajasthan Subordinate Co- operative Service (Class II) and shall make appointments in the same order.
### 27A. Revised Criteria, Eligibility and Procedure for promotion to Junior, Senior and other posts encadred in the Service.
(1) As soon as the Appointing Authority determines the number of vacancies under rule regarding determination of vacancies of these Rules and decides that a certain number of posts are required to be filled in by promotion, it shall, subject to provisions of sub- rule (9), prepare a correct and complete list of the senior most persons who are eligible and qualified under these Rules for promotion on the basis of seniority-cum-merit or on the basis of merit to the class of posts concerned.
(2) [ The persons mentioned in the relevant rule shall be eligible for promotion to higher post to the extent indicated in the relevant rule, subject to their possessing minimum qualification and experience on the first day of the April of the year of selection as specified in the relevant rule.]
[Substituted by No. F. 2(17) DOP/A-II/81-II, dated 1-8-1981.]
(3) No person shall be considered for first promotion in the Service unless he is substantively appointed and confirmed on the lowest post in the Service. After first promotion in the Service, for subsequent promotions to higher posts in the Service, a person shall be eligible if he has been appointed to such post from which promotion is to be made after selection in accordance with one of the methods of recruitment under any Service Rules promulgated under proviso to Article 309 of the Constitution of India:
Provided that for first promotion in the Service if number of persons substantively appointed and confirmed on the lowest post, equal to the number of vacancies, are not available then persons who have been appointed to the lowest post in the Service after selection in accordance with one of the methods of recruitment prescribed under these Rules, shall also be eligible if they fulfil other conditions of eligibility.
Explanation.- In case direct recruitment to a post has been made earlier than regular selection by promotion in a particular year, such of the persons who are or were eligible for appointment to that post by both the methods of recruitment and have been appointed by direct recruitment first, shall also be considered for promotion.
(4) Selection for promotion in the regular line of promotion from the post/posts not included in Service to the lowest post or category of post in the Service shall be made strictly on the basis of merit and on the basis of seniority-cum-merit in the proportion of 50:50:
Provided that if the Committee is satisfied that suitable persons are not available for selection by promotion strictly on the basis of merit in a particular year, selection by promotion on the basis of seniority-cum-merit may be made in the same manner as specified in these Rules.
(5) Subject to the provisions of sub-rule (7). selection for promotion from the lowest post or category of post in the State Service to the next higher post or category of post in the State Service and for all posts in the Subordinate Service and in the Ministerial Services shall be made strictly on the basis of seniority-cum-merit from amongst the persons who have passed the qualifying examination, if any, prescribed under these Rules, and have put in at least five years' service, unless a different period is prescribed elsewhere in these Rules, on the first day of the month of April of the year of selection on the post or category of post from which selection is to be made:
Provided that in the event of non-availability of the persons with the requisite period of Service of five years, the Committee may consider the persons having less than the prescribed period of service, if they fulfill the qualifications and other conditions for promotion prescribed elsewhere in these Rules, and are found otherwise suitable for promotion on the basis of seniority-cum- merit.
(6) Selection for promotion to all other higher posts or higher categories of posts in the State Service shall be made on the basis of merit and on the basis of seniority-cum-merit in the proportion of 50:50:
Provided that if the Committee is satisfied that suitable persons are not available for selection by promotion strictly on the basis of merit in a particular year, selection by promotion on the basis of seniority-cum-merit may be made in the same manner as specified in these Rules.
(7) Selection for promotion to the highest posts or highest categories of posts in the State Service shall always be made on the basis of merit alone.
(8) [ Deleted.]
[Deleted by No. F. 7(6) DOP/A-I1/75. dated 15-7-1992.]
Explanation.- If any doubt arises about the categorisation of the post as the lowest, next higher or highest post in the Service, the matter shall be referred to the Government in the Department of Personnel and Administrative Reforms whose decision thereon shall be final.
(9) The Zone of consideration of persons eligible for promotion shall be as under:-
| | |
| --- | --- |
|
(i) Number of Vacancies
|
Number of eligible persons to be considered.
|
|
(a) for one
vacancy
|
Five eligible persons
|
|
(b) for two
vacancies
|
Eight eligible persons
|
|
(c) for
three vacancies
|
Ten eligible persons
|
|
(d) for four
or more vacancies.
|
Three times the number of vacancies.
|
[(ii) Where the number of eligible persons for promotion to higher post is less than the number specified above, all the persons so eligible shall be considered.
(iii) Where adequate number of the candidates belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be, are not available within the zone of consideration specified above, the zone of consideration may be extended to five times the number of vacancies and the candidates belonging to the Scheduled Castes or the Scheduled Tribes, as the case may be (and not any other) coming within the extended zone of consideration shall also be considered against the vacancies reserved for them.
(iv) For the highest post in a State Service:-
(a) if promotion is from one category of post, eligible persons upto five in number shall be considered for promotion:
(b) if promotion is from categories of the post in the same pay scale, eligible persons up to two in number from each category of posts in the same pay scale shall be considered for promotion:
(c) If promotion is from different categories of posts carrying different pay scales, eligible persons in the higher pay scales shall be considered for promotion first and if no suitable person is available for promotion on the basis of merit in the higher pay scale then only the eligible persons of other categories of posts in lower pay scales shall be considered for promotion and so on and so forth. The zone of consideration for eligibility in this case shall be limited to five senior most eligible persons in all].
(10) Except as otherwise expressly provided in this rule, the conditions of eligibility for promotion, constitution of the Committee and procedure for selection shall be the same as prescribed elsewhere in these Rules.
(11) (a) The Committee shall consider the cases of all the senior most persons who are eligible and qualified for promotion to the class of posts concerned under these Rules and shall prepare a list containing names of the persons found suitable on the basis of seniority-cum-merit and/or on the basis of merit, as the case may be, as per the criteria for promotion laid down in these Rules, equal to the number of vacancies determined under rule relating to "Determination of vacancies" of these Rules. The list so prepared on the basis of seniority-cum-merit and/or on the basis of merit, as the case may be, shall be arranged in the order of seniority on the category of posts from which selection is made.
[(b) The Committee shall also prepare a separate list on the basis of seniority-cum-merit and/or on the basis of merit, as the case may be, as per the criteria for promotion laid down in the rules, containing names of persons equal to the number of persons selected in the list prepared under (a) above to fill temporary or permanent vacancies, which may occur subsequently. The list so prepared on the basis of seniority-cum-merit and/or on the basis of merit shall be arranged in the order of the seniority in the category of posts from which selection shall be made. Such a list shall be reviewed and revised by the Departmental Promotion Committee that meets in the subsequent year and that such list shall remain in force till the end of the last day of the next year or till the Departmental Promotion Committee meets, whichever is earlier.
(c) such lists shall be sent to the Appointing Authority together with Annual Confidential Reports/Annual Performance Appraisal Reports and other Service Records of all the candidates included in the lists as also of those not selected, if any.]
Explanation.- For the purpose of selection on the basis of merit, the list of officers graded as "Outstanding" and "Very Good" shall be classified in the First category in the order of seniority, the officers graded as "Good" shall be classified in the Second category in the order of seniority and the officers graded as "Average" and "Not Selected" shall be classified in the Third category. The officers graded and classified in the second category list shall be placed below the officers graded and classified in the first category list and such officers shall be appointed from this category only if the officers graded and classified in the first category list is exhausted otherwise they shall not be appointed to the Service by promotion. The officers graded and classified in the third category list shall be considered for appointment by promotion.
[(11-A) If in any subsequent year, after promulgation of these Rules, vacancies relating to any earlier year are determined under sub-rule (2) of rule relating to determination of vacancies which were required to be filled by promotion, the Departmental Promotion Committee shall consider the cases of all such Permanent vacancies, which may occur subsequently. The list so prepared on the basis of seniority-cum-merit and/or on the basis of merit shall be arranged in the order of the seniority in the category of posts from which selection shall be made. Such a list shall be reviewed and revised by the Departmental Promotion Committee that meets in the subsequent year and that such list shall remain in force till the end of the last day of the next year or till the Departmental Promotion Committee meets, whichever is earlier.]
[Substituted by No. F. 5(3) DOP/A-II/77 dated 18-8-1982.]
[(11-B) The Government or the Appointing Authority may order for the review of the proceedings of the D.P.C. held earlier on account of some mistake or error apparent on the face of record, or on account of factual error substantially affecting the decision of the D.P.C. or for any other sufficient reasons e.g. change in seniority, wrong determination of vacancies, judgment/direction of any Court or Tribunal, or where adverse entries in the confidential reports of an individual are expunged or toned down or a punishment inflicted on him is set aside or reduced. The concurrence of the Department of Personnel and the Commission (where Commission is associated) shall always be obtained before holding the meeting of the review D.P.C.]
[Added by No. F. 7(1) DOP/A-II/86 dated 14-6-1988.]
(12) Where consultation with the Commission is necessary, the list prepared by the Committee shall be forwarded to the Commission by the Appointing Authority alongwith the Personal Files and Annual Confidential Rolls of all the persons whose names have been considered by the Committee.
(13) The Commission shall consider the lists prepared by the Committee alongwith other relevant documents received from the Appointing Authority and, unless any change is considered necessary, shall approve the lists. In case the Commission consider it necessary to make any change in the lists received from the Appointing Authority, it shall inform the Appointing Authority of the changes proposed by it. After taking into account the comments of the Commission, if any, the Appointing Authority may approve the lists finally with such modifications, as may in its opinion, be just and proper and when the Appointing Authority is an authority subordinate to the Government, the lists approved by the Commission shall be disturbed only with the approval of the Government.
(14) Appointments shall be made by the Appointing Authority taking persons out of the lists finally approved under the preceding sub- rule (13) in the order in which they have been placed in the lists, till such lists are exhausted or reviewed and revised, as the case may be.
(15) The Government may issue instructions for provisionally dealing with promotions, appointments or other ancillary matters in an equitable and fair manner of persons who may be under suspension, or against whom departmental proceeding is under progress, at the time promotions are considered to a post to which they are eligible or would have been eligible but for such suspension or pendency of such enquiry or proceedings.
(16) The provisions of this rule shall have effect notwithstanding anything to the contrary contained in any provision of these Rules.
### 27AA. [ Restriction on promotion of persons foregoing promotions.
[Added by No. F. 15(16) DOP/A-II/80 dated 30-11-1981.]
- In case a person on his appointment by promotion to the next higher post either on the basis of urgent temporary appointment or on regular basis on the recommendations of the Departmental Promotion Committee, forgoes such an appointment, he shall be considered again for appointment by promotion only after a period of one year (both on the basis of urgent temporary appointment or on regular basis, on the recommendations of the Departmental Promotion Committee).]
[Substituted by No. F. 7(2) DOP/A-II/81 dated 19-2-1982 [1-4-1981]
]
### 27B. [
[Added by No. F. 7(2) DOP/A-II/80 dated 30-8-1983.]
Notwithstanding anything contained in these Rules, a person belonging to the Scheduled Caste or the Scheduled Tribe promoted to higher post in the Service may be posted by the Appointing Authority in a District or Zone or Range or Division, other than his Home District or Zone or Range or Division:
Provided that:-
(i) for purpose of promotion to higher post, for the persons belonging to Scheduled Caste/Scheduled Tribe, subject to provisions contained in rule relating to "Seniority" the inter se seniority on lower post shall be determined at State level;
(ii) in case a person belonging to Scheduled Caste/Scheduled Tribe is promoted on higher post and posted by the Appointing Authority against a vacancy available in District or Zone or Range or Division, other than a Home District or Zone or Range or Division, he shall be eligible for transfer to his Home District, Zone or Range or Division, in which he has been posted on promotion to higher post;
(iii) in case a person belonging to Scheduled Caste/Scheduled Tribe, does not want his promotion in another District or Zone or Range or Division, in that event a chance shall be extended for promotion to higher post by the Appointing Authority to the next junior persons;
(iv) in case if in a District or Zone or Range or Division, the persons belonging to the Scheduled Castes/Scheduled Tribes, are not available for promotion to higher post against reserved vacancies, in that event such reserved vacancies shall be filled in from amongst the persons belonging to the Scheduled Castes or the Scheduled Tribes, available in another District or Zone or Range or Division.]
Part VI – Appointment, Probation and Confirmation
---------------------------------------------------
### 28. Appointments to the Service.
- Appointments to the Service, as Inspectors Gr. II shall be made by the Registrar, on occurrence of substantive vacancies, by selection of candidates in the manner prescribed in rule 25 from the list prepared by the Commission under rule 24 or by promotion of candidates from the list prepared under rule 27(3) and appointment of Asstt. Publicity Officer shall be made by the Registrar on the occurrence of substantive vacancies by selection of candidates in the manner prescribed under rule 25 from the list prepared under rule 25A (4):
Provided that the following cyclic order shall be followed in making appointments-
(a) First appointment by direct recruitment.
(b) The next two by promotion.
(c) The next one by direct recruitment.
(d) The next one by promotion.
(e) The cycle to be repeated.
### 29. [ Substantive appointments to Senior posts.
[Substituted by No. F. 2(17) DOP/A-II/81-II, dated 1-8-1981.]
(1) Subject to the directions of the Government, if any, substantive appointments to the posts of Inspectors Grade I, shall be made by the Registrar, on the basis of seniority-cum-merit in accordance with rule 27-A:-
(i) by promotion of Inspectors Grade II;
(ii) by promotion of Village Level Workers (Selection Grade):
Provided that the number of posts of Inspectors Grade I to be filled by promotion of Village Level Workers (Selection Grade) at any time shall not exceed 10% of the posts of Co-operative Extension Officers.
(2) The Registrar may likewise promote members of the Service from Gr. Ill to Gr. II, from time to time.]
[Substituted by No. F. 7(1) DOP/A-II/81 dated 6-7-1983.]
### 29A. Notwithstanding anything contained in rule 29, the Released Emergency Commissioned Officers or Short Service Commissioned Officers who have been appointed to the Service in accordance with the Rajasthan Civil Service (Recruitment of Released Emergency Commissioned Officers and Short Service Commissioned Officers) Rules, 1968 and who have not put in the requisite period of service or experience as required in these Rules for appointment by promotion to higher posts shall be considered for promotion for such higher posts if:-
(i) they have successfully completed the period of probation; and
(ii) the total service reckoned from the deemed date of their appointment is not less than the period of Service required for promotion to higher posts.
Note.- "Deemed date of appointment" in relation to a Released Emergency Commissioned Officer or a Short Service Commissioned Officer shall be the date of his appointment in the army as an Emergency Commissioned Officer or a Short Service Commissioned Officer.
### 30. Urgent Temporary Appointment.
(1) A vacancy in the Service which cannot be filled in immediately either by direct recruitment or by promotion under the rules may be filled in by the Government or by the Authority competent to make appointments as the case may be, by appointing in an officiating capacity thereto an officer eligible for appointment to the post by promotion or by appointing temporarily thereto a person eligible for direct recruitment to the Service, where such direct recruitment has been provided under the provisions of these Rules:
Provided that such an appointment will not be continued beyond a period of one year without referring the case to the Commission for concurrence, where such concurrence is necessary, and shall be terminated immediately on its refusal to concur:
Provided further that in respect of a Service or a post in a Service for which both the methods of recruitment have been prescribed, the Government or the Authority competent to make appointments, as the case may be, shall not fill the temporary vacancy by appointing a person eligible for direct recruitment unless no suitable person eligible for promotion is available.
(2) In the event of non-availability of suitable persons, fulfilling the requirements of eligibility for promotion. Government may, notwithstanding the condition of eligibility for promotion required under sub-rule (1) above, lay down general instructions for grant of permission to fill the vacancies on urgent temporary basis subject to such conditions and restrictions regarding pay and other allowances as it may direct. Such appointments shall however, be subject to concurrence of the Commission as required under the said sub-rule.
### 31. Seniority.
- Seniority of persons appointed to the lowest post of the Service or lowest categories of posts in each of the Groups/Sections of the Service, as the case may be, shall be determined from the date of confirmation of such persons to the said post but in respect of persons appointed by promotion to other higher posts in the Service or other higher categories of posts in each of the Groups/Sections in the Service, as the case may be, shall be determined from the date of their regular selection to such posts:
Provided-
(i) that the seniority inter se of members of the Service appointed before the commencement of these Rules shall be such as has already been determined or may after the commencement of these Rules be determined, amended or modified, by the Registrar in accordance with Rules or Orders already in force or ad hoc, subject to the direction of Government, if any.
(ii) that the persons selected and appointed as a result of selection, which is not subject to review and revision, shall rank senior to the persons who are selected and appointed as a result of subsequent selection.
Seniority inter se of persons selected on the basis of seniority- cum-merit and on the basis of merit in the same selection shall be the same as in the next below grade.
(iii) that if two, or more persons are appointed by promotion to posts in Grade II under the same order or orders of the same date, their seniority inter se shall be the same as in Gr. Ill or in the Rajasthan Subordinate Co-operative Service (Class II), as the case may be, subject to the condition that on the course of the same year the person promoted from Grade III shall rank senior to a person promoted from the Rajasthan Subordinate Co-operative Service Class II.
(iv) that the seniority inter se of persons appointed to posts in Gr. II on the result of the one and the same examination, except those who do not join service when vacancy is offered to them, shall follow the order in which they have been placed in the list prepared by the Commission under Rule 24.
(v) that the seniority inter se of persons appointed by transfer from an equivalent post shall be determined with reference to the date of substantive appointment to the equivalent post.
(vi) [ that the seniority inter se of Inspector Grade I, shall be determined by the date of their regular appointment on the post of Inspector Grade II.]
[Added by No. F. 2(18) DOP/A-II/81, dated 5-9-1981.]
### 32. Period of Probation.
(1) All persons appointed to the Service by direct recruitment against a substantive vacancy shall be placed on probation for a period of two years and those appointed to the Service by promotion/special selection against a substantive vacancy shall be placed on probation for a period of one year:
Provided that-
(i) such of them as have, previous to their appointment by promotion "special selection" or by direct recruitment against a substantive vacancy, officiated temporarily on the post which is followed by regular selection may be permitted by the Appointing Authority to count such officiating or temporary service towards the period of probation. This shall, however, not amount to involve supersession of any senior person or disturb the order of their preference in respective quota or reservation in recruitment:
(ii) any period after such appointment during which a person has been on deputation on a corresponding or higher post shall count towards the period of probation.
(2) During the period of probation specified in sub-rule (1), each probationer may be required to pass such Departmental Examination and to undergo such training as the Government may, from time to time, specify.
Explanation.- In case of a person who dies or is due to retire on attaining the age of superannuation, the period of probation shall be reduced so as to end one day earlier on the date immediately preceding the date of his death or retirement from Government service. The condition of passing the Departmental Examination in the rule regarding confirmation shall be deemed to have been waived in case of death or retirement.
### 32A. [ Confirmation in certain cases.
[Substituted by No. F. 2(4) DOP/A-II/79, dated 22.11.1984.]
(1) Notwithstanding anything to the contrary contained in the preceding rule, a person appointed to a post in the Service temporarily or on officiating basis who, after regular recruitment by any one of the methods of recruitment prescribed under these Rules, has not been confirmed, within a period of six months on completion of a period of two years' service in case he is appointed by direct recruitment or within a period of one years' service in case he is appointed by promotion, shall be entitled to be treated as confirmed in accordance with his seniority, if:-
(i) he has worked on the post or higher post under the same Appointing Authority or would have so worked but for his deputation or training;
(ii) he fulfills conditions as are prescribed under rule relating to Confirmation subject to the quota prescribed under these rules; and
(iii) permanent vacancy is available in the department.
(2) If an employee referred to in sub-rule (1) above fails to fulfil the conditions mentioned in the said sub-rule, the period mentioned in sub-rule (1) above, may be extended as prescribed for a probationer under the Rajasthan Civil Services (Departmental Examination) Rules, 1959 and any other rules or by one year, whichever is longer. If the employee still fails to fulfil the conditions mentioned in sub-rule (1) above, he will be liable to be discharged or terminated from such post in the same manner as a probationer or reverted to his substantive or lower post, if any, to which he may be entitled.
(3) The employee referred to in sub-rule (1) above, shall not be debarred from confirmation after the said period of service if no reasons to the contrary about the satisfactory performance of his work are communicated to him within the said period of service.
(4) The reasons for the confirming of any employee referred to in sub-rule (1) above shall be recorded by the Appointing Authority in his Service Book and Annual Performance Appraisal Report.
Explanation.- (i) Regular recruitment for the purposes of this rule shall mean:-
(a) appointment by either method of recruitment or on initial constitution of Service in accordance with the Rules made under Constitution of India;
(b) appointment to the posts for which no Service Rules exists, if the posts are within the purview of the Commission, recruitment in consultation with them;
(c) appointment by transfer after regular recruitment where the Service Rules specifically permit;
(d) persons who have been made eligible for substantive appointment to a post under the rules shall be treated as having been regularly recruited:
Provided that it shall not include urgent temporary appointment or officiating promotion which is subject to review and revision.
(ii) Persons who hold lien on another cadre shall be eligible to be confirmed under this Rule and they will be eligible to exercise an option whether they do not elect to be confirmed on the expiry of two years of their temporary appointment under this Rule. In the absence of any option to the contrary, they shall be deemed to have exercised option in favour of confirmation under this rule and their lien on the previous post shall cease.]
### 33. Unsatisfactory progress during probation.
(1) If it appears to the Appointing Authority, at any time, during or at the end of the period of probation, that a member of the Service has not made sufficient use of his opportunity or that he has failed to give satisfaction, the Appointing Authority may revert him to the post held substantively by him immediately preceding his appointment, provided he holds a lien thereon or in other cases may discharge or terminate him from service:
Provided that the Appointing Authority may, if it so thinks fit in any case or class of cases, extend the period of probation of any member of Service by a specified period not exceeding two years in case of person appointed to a post in the Service by direct recruitment and one year in the case of person appointed by promotion/special selection to such post:
Provided further that the Appointing Authority may, if it so thinks fit in case of persons belonging to the Scheduled Castes or Scheduled Tribes, as the case may be, extend the period of probation by a period not exceeding one year at a time and a total extension not exceeding three years.
(2) Notwithstanding anything contained in the above proviso, during the period of probation, if a probationer is placed under suspension, or disciplinary proceedings are contemplated or started against him, the period of his probation may be extended till such period the Appointing Authority thinks fit in the circumstances.
(3) A probationer reverted or discharged from service during or at the end of the period of probation under sub-rule (1) shall not be entitled to any compensation.
### 34. Confirmation.
- A probationer shall be confirmed in his appointment at the end of the period of his probation if:-
(a) he has passed the prescribed departmental examination, if any, completely;
(b) he has passed a departmental test of proficiency in Hindi; and
(c) the Registrar is satisfied that his integrity is unquestionable and that he is otherwise fit for confirmation.
### 34A. Notwithstanding anything contained in rule 34, a probationer shall be confirmed in his appointment at the end of his period of promotion even if the prescribed Departmental Examination/training/proficiency test in Hindi, if any, are not held during the period of probation laid down in the rules provided:-
(i) he is otherwise fit for confirmation and the,
(ii) period of probation expires on or before the date of publication of this amendment in the Rajasthan Rajpatra.
Part VII – Pay
----------------
### 35. Pay during probation.
- The initial pay of a person appointed by direct recruitment to a post in the Service/Cadre shall be the minimum of the scale of pay of the post:
Provided that the pay of a person already serving in connection with the affairs of the State shall be fixed in accordance with the provisions of the Rajasthan Service Rules, 1951.
### 36. Increment during probation.
- A probationer shall draw increment in the scale of Pay admissible to him in accordance with the provisions of the Rajasthan Service Rules, 1951.
### 37. Criteria for crossing efficiency bar.
- No member of the Service shall be allowed to cross an efficiency bar unless he has worked satisfactorily and his integrity is unquestionable.
Part VIII – Other Provisions
------------------------------
### 38. Regulation of leave, allowances, pension etc.
- Except as provided in these Rules, the pay, allowances, pensions, leave and other conditions of service of the members of the Service shall be regulated by:-
(1) The Rajasthan Travelling Allowance Rules, 1971;
(2) The Rajasthan Civil Services (Unification of Pay Scales) rules, 1950;
(3) The Rajasthan Civil Services (Rationalisation of Pay Scales) Rules, 1956;
(4) The Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958;
(5) The Rajasthan Service Rules, 1951;
and any other Rules made by the appropriate authority under the proviso to Articles 309 of the Constitution of India for the time being in force.
### 39. Power to relax rules.
- In exceptional cases where the Administrative Department of the Government is satisfied that operation of the rules relating to age or regarding requirement of experience for recruitment causes undue hardship in any particular case or where the Government is of the opinion that it is necessary or expedient to relax any of the provisions of these Rules with respect to age or experience of any person, it may with the concurrence of the Department of Personnel and Administrative Reforms and in consultation with the Commission by orders dispense with or relax the relevant provisions of these rules to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner, provided that such relaxation shall not be less favourable than the provisions already contained in these Rules. Such cases of relaxation shall be referred to the Rajasthan Public Service Commission by the [Administrative Department concerned.]
[Substituted words 'Department of Personnel & Administrative Reforms (Department of Personal-A Group II) by No. F. 5(3) DOP/A-II/77 dated 18-8-1982.]
I
---
(See rule 8)
Order regarding Representation of Scheduled Castes and Scheduled Tribes in Public Service, (Vide order No.F. 25(42) G.A./51, dated 19th September, 1951)
In accordance with the provision of Article 335 of the Constitution of India, the Government of Rajasthan have been pleased to direct that:-
(1) There shall be a general reservation of 12 1 /2% of the vacancies for members of the Scheduled Castes and Scheduled Tribes in making appointments to the services and posts which are filled by direct recruitment.
(2) The same percentage of recruitment may be followed in respect of the members of the Scheduled Castes and Scheduled Tribes till the ultimate percentage of reservation fixed by the Government is reached.
(3) In the event of non-availability of a sufficient number of candidates against Scheduled Castes and Scheduled Tribes in a particular year, vacancies need not be kept reserved and should be filled in accordance with the normal procedure but the deficiency of the previous year may be made good in the subsequent year, if candidates are available. In case candidates are not available in the second year, vacancies reserved will be filled by other candidates and the reservation on account of the deficiency shall not be carried forward for more than one year.
(4) Minimum qualification prescribed for any post will not be lowered with a view to accommodating any candidate belonging to the Scheduled Castes and Scheduled Tribes.
(5) The maximum age limit prescribed for direct recruitment in various services and posts may be extended by 5 years in the case of candidates belonging to the Scheduled Castes and Scheduled Tribes.
II
----
(See rule 18)
Syllabus and Rules for the Competitive Examination
### 1. The competitive examination shall include the following subject and each subject will carry the number of marks shown against it. Section A
To be taken by all candidates.
| | |
| --- | --- |
|
Subject
|
Marks
|
|
1. English or Higher Hindi or Sanskrit
|
75
|
|
2.Deleted.
|
|
|
3. General Knowledge
|
75
|
|
4. Arithmetic
|
75
|
Note.- Persons who do not take up Compulsory English shall have to appear at a separate qualifying written test in English of Matriculation standard and secure 50% marks thereat. Marks obtained in the test will not be added to the total marks obtained.
Section B
Each candidate must take one of the following subjects:-
| | |
| --- | --- |
|
5. General Indian History
|
100
|
|
6. General Geography
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100
|
|
7. Elementary Physics and Chemistry
|
100
|
|
8. Indian Economics and Civics
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100
|
|
9. Sanskrit
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100
|
|
10. Business Method and Book-keeping
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100
|
Section C
| | |
| --- | --- |
|
11. Viva Voce
|
100
|
Note 1. The paper in the case of each of the subjects mentioned in Section A and B above shall be of 3 hours' duration.
### 2. The standard and scope of the examination in each subject shall be as follows:- Section A (Compulsory) ### 1. (a) English.- The paper will be set to test the candidate's proficiency in the language. Besides an essay to be written in English on one of specified subjects, it may include translation from Hindi into English, precis writing and use of idioms, etc. (b)
Higher Hindi.- Candidates will be expected to know the standard works in Hindi though questions on books of lesser importance may also be set. They will also be expected to possess a knowledge of the History of Hindi Literature and such knowledge of General Social History as will enable them to understand literature. Answers to questions must be written in Hindi in Devanagri Script.
(c) Sanskrit.- The paper will be set to test the candidate's proficiency in the language. It may include translation of passages from Sanskrit into Hindi, Para-Phrasing, Essay, etc. and shall be of the standard prescribed for graduation in the Rajputana University.
Note.- Papers in General Knowledge and Arithmetic may be answered in Hindi or English.
### 2. Hindi (Deleted) ###
3. General Knowledge.- A paper will be set to test general intelligence, power of observation and knowledge such as it to be expected of candidates who having had the usual grounding in subject taught in schools and colleges have pursued their collection either at a magazine, attending lectures and taking an intelligent interest in things round them such as radios, aeroplanes etc. The question will ordinarily be so set as to admit of brief answer and besides covering popular science will embrace knowledge of the social, political and economic events for the day.
### 4. Arithmetic.- The whole of Arithmetic (The use of Algebric symbols and processes will be allowed). Note.- Papers in General Knowledge and Arithmetic may be answered in Hindi or English.
Section B
(Optional) 5. General Indian History.- The minimum scope of knowledge will be that which an Intermediate College Student should have attained, who has acquired familiarity with the main aspects and the leading events of the different periods of the Indian History, and more particularly those relating to the period of Akbar's reign down to present day.
### 6. General Geography.- The minimum scope will be the same as in the case of General Indian History. The paper will include questions on Geography of the World, and questions of Physiography, one of the questions set will require the drawing of a map. ###
7. Elementary Physics and Chemistry.- A paper will be set on Elementary Physics and Elementary Chemistry, the minimum scope of knowledge being that which an Intermediate College Student would be expected to have attained.
### 8. Indian Economics and Civics.- The minimum scope of knowledge will be that which an Intermediate College Student should have attained. Questions on salient principles of Economics and Civics as applicable to Indian conditions may be asked. ###
9. Sanskrit.- Candidates will be expected to show a general knowledge of History of Classical Sanskrit Literature with special reference to the principal classical authors and of the Prakrit used in plays. Passages may also be given for translation from Sanskrit into english and Vice Versa. Answers required to be written in Sanskrit must be written in Devanagri script.
### 10. Business Method and Book-keeping.- The minimum scope of knowledge will be that which as Intermediate College Student should have attained. Note.- An optional paper may be answered in Hindi or English.
Section (Viva Voce)
### 11. Viva Voce.- Consideration will be given to the candidate's personality, address, character and general suitability and suitable questions designed to throw light on these matters may be asked. Questions will also be asked to text the proficiency of candidates in Rajasthani dialects and social customs.
Note.- The Commission may issue instructions to the examiners to make deductions in the marks assigned to candidates on account of superficial knowledge or bad handwriting.
|
65bab6f0ab84c7eca86ec634 | acts |
NCT Delhi - Act
-----------------
The Delhi Rent Act, 1995
--------------------------
DELHI
India
The Delhi Rent Act, 1995
==========================
Act 33 of 1995
----------------
* Published on 23 August 1995
* Commenced on 23 August 1995
The Delhi Rent Act, 1995
(Act
No. 33 of 1995
)
Last Updated 27th May, 2019
[Dated 23rd August, 1995.]
An Act to provide for the regulation of rents repairs and maintenance and evictions relating to premises and of rates of hotels and lodging houses in the National Capital Territory of Delhi.
Be it enacted by Parliament in the Forty- sixth Year of the Republic of India as follows:-
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement.
(1) This Act may be called the Delhi Rent Act, 1995.
(2) It extends to the areas included within the limits of the New Delhi Municipal Council and the Delhi Cantonment Board and to urban areas within the limits of the Municipal Corporation of Delhi for the time being:
Provided that the Central Government may, by notification in the Official Gazette, exclude any area from the operation of this Act or any provision thereof:
Provided further that the Central Government may, by notification in the Official Gazette, exclude any premises or class of buildings from the operation of this Act or any provision thereof.
(3) It shaft come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "Bench" means a Bench of the Tribunal;
(b) "Chairman" means the Chairman of the Tribunal;
(c) "fair rate" means' the fair rate fixed under section 39 and includes the rate as revised under section 40;
(d) "hotel or lodging house" means a building or a part of a building where lodging, with or without board or other services, is provided for a monetary consideration;
(e) "landlord" means a person who, for the time being is receiving, or is entitled to receive, the rent of any premises, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rent or be entitled to receive the rent if the premises were let to a tenant;
(f) "lawful Increase" means an increase in rent permitted under the provisions of this Act;
(g) "manager of a hotel" includes any person in charge of the management of' the hotel;
(h) "Member" means a Member of the Tribunal and includes the Chairman;
(i) "owner of a lodging house" means a person who receives or is entitled to receive whether on his own account or on behalf of himself and others or as an agent or a trustee for any other person, any monetary Consideration from any person on account of board, lodging or other Services provided in the lodging house;
(j) "premises" means any building or part of a building which is or is intended to be, let separately for use as a residence or for non- residential use or for any other purpose, and includes-
(i) the garden, grounds and outhouses if any, appertaining to such building or part of the building;
(ii) any fittings to such building or part of the building for the more beneficial enjoyment thereof; but does not include a room in a hotel or a lodging house.
(k) "prescribed" means prescribed by rules made under this Act;
(l) "Rent Authority" means an authority appointed under subsection (1) of section 43 and includes an additional Rent Authority appointed under subsection.(2) of that section;
(m) "standard' rent", in relation to any premises, means the rent calculated under section 7;
(n) "tenant" means any person by whom or on whose account or behalf the rent of any premises is or, but for a special contract, would be payable, and includes-
(i) a subtenant;
(ii) any person continuing in possession after the termination of his tenancy,
but does not include-
(i) any person against whom an order or decree for eviction has been made, except where such decree or order for eviction is liable to be reopened under the proviso to section 3 of the Delhi Rent Control (Amendment) Act, 1976 ; (18 of 1976 .)
(ii) any person to whom a licence as defined in section 52 of the Indian Easements Act, 1882 (5 of 1882 .) has been granted;
(o) "Tribunal" means the Delhi Rent Tribunal established Under section 46;
(p) "urban area" has the same meaning as in the Delhi municipal Corporation Act, 1957 . (66 of 1957 .)
### 3. Certain provisions not to apply to premises.
(1) Nothing in this Act shall apply -
(a) to any premises belonging to the Government or a local authority;
(b) to any tenancy or other like relationship created by a grant from the Government in respect of the premises taken on lease or requisitioned, by the Government:
Provided that where any premises belonging to Government have been or are lawfully let out by any person by virtue of an agreement with the Government or otherwise, then, notwithstanding any judgment, decree or order of any court or other authority, the provisions of' this Act shall apply to such tenancy;
(c) to any premises, whether residential or not and whether let out before or after the commencement of this Act, whose monthly deemed rent on the date of commencement of this Act exceeds three thousand and five hundred rupees;
(d) to any premises constructed on or after the 1st day of December, 1988 but before the commencement of this Act for a period of ten years from the date of completion of such construction;
(e) to any premises constructed on or after the commencement of this Act, for a period of fifteen years from the date of completion of such construction;
(f) to any premises, being a premises not let out within seven years before letting out the same, for a period of fifteen years from the date it is let out;
(g) to any premises let out to a citizen of a foreign Country or an embassy, high commission, legation or commission of a foreign State or such international organisation as may be Specified by the Central Government by notification in the Official Gazette;
(h) to any premises belonging to such religious, charitable or educational trust or class of trusts as may be specified by the Central Government by notification in the Official Gazette;
(i) to any tenancy, whether entered before or after the commencement of this Act, for a period of twenty years or more and registered under the Registration Act, 1908 (16 of 1908 .) and not terminable before its expiration at the option of the landlord.
Explanation I. - For the removal of doubts, it is hereby declared that the provisions of this Act shall apply to any premises, not being a premises mentioned in subsection (1) ,-
(a) let out to the Government or a local authority;
(b) let out by a hire- purchaser, lessee or sub-lessee, by whatever name called, who has been allotted such premises by, the Delhi Development Authority or any other local authority by way of an agreement of hire- purchase, lease or sub-lease, even before the full ownership rights accrue to such hire purchaser, lessee or sub lessee, as the case may be.
Explanation II. - " Premises belonging to the Government or a local authority" shall, notwithstanding anything contained in any judgement, decree or order of a court, not include a building' erected on any land held by any person from the Government or a local authority by virtue of an agreement, a lease, licence or grant although such land under the conditions of such agreement, lease, licence or grant may continue to belong to the Government or a local authority.
Explanation III. - " Deemed rent on the date of commencement of this Act" shall be the rent calculated in the manner provided in section 7, together with revision, if any, as provided in section on 9 and decreased in the case of premises constructed after the commencement of this Act at the same rate as the rate of enhancement stipulated in Schedule I to reflect the position on the date of the commencement of this Act.
Explanation IV. - " Date of completion of construction" shall be the date of completion as intimated to the concerned authority or of assessment to property tax, whichever is earlier, and, where the premises have been constructed in stages, the date on which the initial building was completed and an intimation thereof was sent to the concerned authority or was assessed to property tax, whichever is earlier.
Explanation V. - " Premises constructed" shall include-
(i) rebuilding of more than seventy- five per cent, of an existing building;
(ii) additional construction to an existing building.
(2) Notwithstanding anything contained in sub-section (1), in the Transfer of Property Act, 1882 , (4 of 1882 .) the Code of Civil Procedure, 1908 (5 of 1908 .) and any other law for the time being in force, the Rent Authority shall have the jurisdiction to decide all disputes relating to tenancies in respect of the premises referred to in clauses (c) to (i) of sub-section (1).
### 4. Registration of tenancy agreements.
(1) Notwithstanding anything contained in section 107 of the Transfer of Property Act, 1882 , (4 of 1882) no person shall, after the commencement of this Act, let or take on rent any premises except by an agreement in writing.
(2) Every agreement referred to in sub-section (1) or required to be registered under sub-section (3) shall be registered under the Registration Act, 1908 , (16 of 1908.) within such period as may be prescribed and for this purpose the agreement shall be deemed to be a document for which registration is compulsory under section 17 of the said Act.
(3) Where, in relation to a tenancy created before the commencement of this Act,-
(a) an agreement in writing was entered into and was not registered under the Registration Act, 1908, (16 of 1908.) the landlord and the tenant shall jointly present a copy thereof for registration before the registering officer under the said Act;
(b) no agreement in writing was entered into, the landlord and the tenant shall enter into an agreement in writing with regard to that tenancy and present the same for registration before the registering officer under the said Act:
Provided that where the landlord and the tenant fail to present jointly a copy of tenancy agreement under clause (a) or fail to reach an agreement under clause (b) such landlord and the tenant shall separately file the particulars about such tenancy with the prescribed authority in such form and in, such manner and within such period as may be prescribed.
### 5. Inheritability of tenancy.
(1) In the event of death of a tenant, the right of tenancy shall devolve for a period of ten years from the date of his death to his successors in the following order, namely: -
(a) spouse;
(b) son or daughter or where there are both son and daughter both of them;
(c) parents;
(d) daughter-in-law, being the widow of his predeceased son:
Provided that the successor has ordinarily been living in the premises with the deceased tenant as a member of his family up to the date of his death and was dependent on the deceased tenant:
Provided further that a right to tenancy shall not devolve upon a successor in case such successor or his spouse or any of his dependent son or daughter is owning or occupying a residential premises in the National capital Territory of Delhi.
(2) If a person, being a successor mentioned in sub-section (1), was ordinarily living in the premises with the deceased tenant but was not dependent on him on the date of his death, or lie or his spouse or any of his dependent son or daughter is owning or occupying a residential premises in the National Capital Territory of Delhi, such successor shall acquire a right to continue in possession as a tenant for a limited period of one year from the date of death of the tenant; and, on the expiry of that period, or on his death, whichever is earlier, the right of such successor to continue in possession of the premises shall become extinguished.
Explanation. - For the removal of doubts, it is hereby declared that-
(a) where, by reason of sub-section (2), the, right of any successor to continue in possession of the premises becomes extinguished, such extinguishment shall not affect the right of any other successor of the same category to continue in possession of the premises but if there is no other successor of the same category, the right to continue in possession of the premises shall not, on such extinguishment, pass on to any other successor specified in any lower category or categories, as the case may be;
(b) the right of every successor, referred to in sub-section (1) to continue in possession of the premises shall be personal to him and shall not, on the death of such successor, devolve on any of his heirs.
(3) Nothing in sub-section (1) or sub-section (2) shall apply to a nonresidential premises and the vacant possession of such premises shall be delivered to the landlord within one year-
(i) of the death of tenant, in case the tenant is an individual;
(ii) of the dissolution of the firm, in case the tenant is a firm;
(iii) of the winding up of the company, in case the tenant is a company;
(iv) of the dissolution of the corporate body, other than a company, in case the tenant is such a corporate body.
Chapter II
Rent
--------------------
### 6. Rent payable.
(1) The rent payable in relation to a premises shall be-
(a) the rent agreed to between the landlord and the tenant as enhanced in the manner provided in Schedule I; or
(b) the standard rent specified under section 7, as revised under section 9.
(2) In the case of a tenancy entered into before the commencement of this Act, the landlord may, by notice in writing to the tenant within three months from the date of such commencement, enhance the rent as specified under section 7 and the rent so enhanced, shall be payable from the date of such commencement.
### 7. Standard rent.
(1) " Standard rent", in relation to any premises, means the rent calculated On the basis of ten per cent. per annum of the aggregate amount of the cost, of construction and the market price of the land comprised in the premises on the date of commencement of the construction:
Provided that the standard rent calculated as aforesaid shall, be enhanced in the manner provided in Schedule I.
(2) For the purposes of this section,-
(a) cost of construction shall include cost of electrical fittings, water pumps, overhead water tanks, storage tanks and other water, sewerage and other fixtures and fittings in the premises;
(b) in case any fixtures and fittings referred to in clause (a) are in common use by more than one occupant in a building, such proportion of cost of the fixtures and fittings shall be included in the cost of construction of the premises as bears the proportion to the plinth area of such premises to the plinth area of that building;
(c) the cost of construction shall be the actual amount spent on construction, and in a case, where such amount cannot be ascertained, such cost shall be determined, as per the scheduled rates of the Central Public Works Department for cost of construction for similar construction for the year in which the premises was constructed;
(d) the market price of the land shall be the price for which the land was bought as determined from the deed of sale registered under the Registration Act, 1908 , (16 of 1908 .) if construction commenced in the year of registration or the land rates notified by a local authority for the year in which construction was commenced, whichever Is higher;
(e) the land comprised in the premises shall be the plinth area of the building and such of the vacant land up to fifty per cent. of the plinth area as is appurtenant thereto;
(f) in a case where a premises' forms part of a building having more than one premises. such proportion of price of land forming part of such building shall be taken to be the market price of the land comprised in the premises as is equal to the proportion of the plinth area of such premises to the plinth area of that building;
(g) notwithstanding anything contained in clauses (c) and (a), the cost of construction and the market price of the land comprised in the premises purchased from or allotted by the Government or a local authority shall be the aggregate amount payable to such Government or the local authority for the premises:
Provided that the Rent Authority may, for the purpose of arriving at, the cost of" construction and the market price of the land comprised in the premises. allow addition, subject to a maximum of thirty per cent. of amount payable to the Government or the local authority, to the amount so payable for any expenditure incurred by the landlord or by the first or any subsequent purchaser or allottee for any improvement, addition or structural alternation in the premises.
### 8. Other charges payable.
(1) A tenant shall be liable to pay to the landlord, besides the rent, the following charges, namely:-
(a) charges, not exceeding fifteen per cent. of the rent for the, amenities as specified in Schedule II as agreed to between the landlord and the tenant;
(b) maintenance charges at the rate of ten per cent. of the rent;
(c) without prejudice to the liability of landlord to pay the property tax to the local authority, the pro rata property tax in relation to the premises.
Explanation. - For the purpose of calculating the monthly charges payable by the tenant to the landlord towards the property tax, the amount paid of payable as property tax for the immediately proceeding year or the estimated tax payable shall form the basis.
(2) Th landlord shall be entitled to recover from the tenant the amount paid by him towards charges for electricity or water consumed or other charges levied by a local or other authority which is ordinarily payable by the tenant.
### 9. Revision of rent in certain cases.
- Where a landlord has at any time, before the commencement of this Act with or without the approval of the tenant or after the commencement of this Act with the written approval of the tenant incurred expenditure for any improvement, addition or structural alteration in the premises, not being expenditure on decoration or tenantable repairs necessary or usual for such premises, and the cost of that improvement, addition or alteration has not been taken into account in determining the rent of the premises, the landlord may lawfully increase the rent per year by an amount not exceeding ten per cent. of such cost.
(2) Where, after the rent of a premises has been fixed under this Act, or agreed upon, as the case may be, there has been a decrease, diminution or deterioration of accommodation in such premises, the tenant may claim a reduction in the rent.
### 10. Notice of revision of rent.
(1) Where a landlord wishes to revise the rent of any premises under sub-section (1) of section 9, he shall give the tenant a notice of his intention to make the revision and, in so far as such revision is lawful under this Act, it shall be due and recoverable from the date of improvement, addition or structural alteration.
(2) Every notice under sub-section (1) shall be in writing signed by or on behalf of the landlord and given in the manner provided in section 106 of the Transfer of' Property Act, 1882 (4 of 1882 .)
### 11. Rent authority to fix standard rent, etc.
(1) The Rent Authority shall, on an application made to him in this behalf, in the prescribed manner, fix in respect of any premises-
(i) the deemed rent for the purpose of clause (c) of sub-section (1) of section 3;
(ii) the enhancement in rent in the manner provided in Schedule I:
(iii) the standard rent as per the provisions of section 7;
(iv) the other charges payable as per the provisions of section 8; and
(v) the revision in rent as per the provisions of section 9:
Provided that it shall not be permissible for the landlord to apply for the fixation of standard rent as per the provisions of section 7 in the case of a tenancy entered into after the commencement of this Act.
(2) In working out the cost of construction of any premises or the., market price of land comprised in such premises for the purposes of section 7 or the expenditure incurred for any improvement, addition or structural alteration or the decrease, diminution or deterioration of accommodation in a premises for the purpose of section 9, the Rent Authority may take the assistance of a prescribed valuer who shall carry out the assessment in the manner prescribed.
(3) In fixing the standard rent of any premises or the lawful increase or decrease of the rent or determining the other charges payable, the Rent Authority shall fix or determine an amount which appears to him to be reasonable having regard to the provisions of section 7 or section 9 or section 8 and the other circumstances of the case.
(4) In fixing the standard rent of any premises part of which has been lawfully sublet, the Rent Authority may also fix the standard rent of such part sublet.
(5) Where for any reason it is not possible to determine the standard rent of any premises on the principles set forth in section 7, the Rent Authority may fix such rent as would be reasonable having regard to the situation, locality and condition of the premises and the amenities provided therein, and where there are similar or nearly similar premises in the locality, having regard also to the rent payable in respect of such premises.
(6) The standard rent shall in all cases be fixed for a tenancy, of twelve months:
Provided that where any premises are let or re let for a Period of less than twelve months, the standard rent for such tenancy shall bear the same proportion to the annual rent as the period of tenancy bears to twelve months.
(7) In fixing the standard rent of any premises under this section, the Rent Authority shall fix the standard rent thereof in an unfurnished state and may also determine an additional charge to be payable on account of any fittings or furniture supplied by the landlord and it shall be lawful for the landlord to recover such additional charge from the tenant.
(8) in fixing the standard rent or lawful increase or decrease of rent or determining the other charges payable in respect of any premises under this section, the Rent Authority shall specify a date from which the amount so fixed shall be deemed to have effect:
Provided that, in the matter of standard rent, in no case the date so specified shall be earlier than the date of the filing of the application for the increase or decrease of the standard rent:
Provided further that if the increase is because of improvement, addition or structural alteration, it shall come into effect from the (late of completion of such improvement, addition or alteration.
(9) The Rent Authority may, while fixing standard rent or lawful increase or decrease in rent or other charges payable, order for payment of the arrears of amount due by the tenant to the landlord in such number of instalments as it deems proper.
### 12. Fixation of interim rent.
- If an application for fixing the standard rent or for determining the lawful increase or decrease of rent or other charges payable is made under section 11, the Rent Authority shall, as expeditiously as possible, make an order specifying the amount to be paid pending final decision on the application and shall appoint the date from which the amount so specified shall be deemed to have effect.
### 13. Limitation for application for fixation of standard rent, etc.
- A tenant may file an application to the Rent Authority for fixing the standard rent of the premises and a landlord or a tenant may file application for determining the lawful increase or decrease of rent or other charges payable,-
(a) in the case of any premises which was let and in which the cause of action for lawful increase or decrease of rent or payment of other charges arose, before the commencement of this Act, within two years from such commencement;
(b) in the case of any premises which was let after the commencement of this Act,-
(i) for fixing the standard rent thereof. within two years from the date on which the premises was let;
(ii) in any other case, within two years from the date on which cause of action arose:
Provided that the Rent Authority may entertain the application after the expiry of the said period of two years, if he is satisfied that the applicant was prevented by sufficient cause from filing the application in time.
### 14. Limitation of liability of middlemen.
- No collector of rent or middleman shall be liable to pay to Ms' principal, in respect of any premises, any sum by way of rental and other charges which exceeds the amount which he is entitled under this Act to realise from the tenant or tenants of the premises.
### 15. Receipt to be given for rent paid.
(1) Every tenant shall pay rent and other charges payable within the time fixed by contract or in the absence of such stipulation, by the fifteenth day of the month next following the month for which it is payable and where any default occurs in the payment of rent or other charges, the tenant shall be liable to pay simple interest at the rate of fifteen per cent. per annum, from the date on which such payment of rent and other charges payable is due to the date on which it is paid.
(2) Every tenant who makes payment of rent or other charges payable or advance towards such rent or other charges to his landlord shall be entitled, against acknowledgment, to obtain forthwith from the landlord or his authorised agent a written receipt for the amount paid to him. signed by the landlord or his authorised agent:
Provided that it shall be open to the tenant to remit the rent to his landlord by postal money order.
(3) If the landlord or his authorised agent refuses or neglects: to deliver to the tenant the receipt referred to in subsection (2), the Rent Authority may, on an application made to him in this behalf by the- tenant within two months from the date' of payment and after hearing the landlord or his authorised agent, by order direct the landlord or his authorised agent to pay to the tenant, by way of damages, such sum not exceeding double the amount of rent or other charges paid by the tenant and the costs of the application and shall also grant a certificate to the tenant in respect of the rent or other charges paid.
(4) If the landlord or his authorised agent refuses to accept or evades acceptance of receipt of rent and other charges payable to him, the tenant may, by notice in writing, ask the landlord to supply him the particulars of his bank account in a bank located in the National Capital Territory of Delhi into which the tenant may deposit the rent and other charges payable to the credit of the landlord.
(5) If the landlord supplies the particulars of his bank account, the tenant shall deposit the rent and other charges payable in such bank account from time to time.
(6) If the landlord does not supply the particulars of bank account under subsection (4), the tenant shall remit the rent and the other charges payable to the landlord from time to time through postal money order after deducting the postal charges.
### 16. Deposit of rent by tenant.
(1) Where the landlord does no accept any rent and other charges payable tendered by the tenant within the time and the manner referred to in section 15 or refuses or neglects to deliver a receipt referred to therein or where there is a bona fide doubt as to the person or persons to whom the rent and other charges are payable, the tenant may deposit such rent and other, charges payable with the Rent Authority in the prescribed manner:
Provided that in cases where there is a bona fide doubt as to the person or persons to whom the rent and other charges are payable, the tenant may remit such rent and other charges payable to the Rent. Authority by postal money order.
(2) The deposit shall be accompanied by an application by the tenant containing the following particulars, namely:-
(a) the premises for which the rent and other charges payable are deposited with a description sufficient for identifying the premises;
(b) the period for which the rent and other charges payable are deposited;
(c) the name and address of the landlord or the person or persons claiming to be entitled to such rent and other charges payable:
(d) the reasons and circumstances for which the application for depositing the rent and other charges payable is made;
(e) such other particulars as may be prescribed.
(3) On deposit of the rent and other charges payable being made, the Rent Authority shall send in the prescribed manner a copy of the application to the landlord or the persons claiming to be entitled to the rent and other charges payable with an endorsement of the date of the deposit.
(4) if an application is made for the withdrawal of any deposit of rent and other charges payable the Rent Authority shall, if satisfied that the applicant is the person entitled to receive the rent and other charges deposited, order the amount of the rent and other charges to be paid to him in the manner prescribed:
Provided that no order for payment of any deposit of rent and other charges payable shall be made by the Rent Authority under this sub-section without giving all the persons named by the tenant in his application under subsection (2) as claiming to be entitled to payment of such rent and other charges payable an opportunity of being heard and such order shall be without prejudice to the rights of such I persons to receive such rent and other charges payable being decided by a court of competent jurisdiction.
(5) If at the time of filing the application under sub-section (4) but not after the expiry of thirty days from receiving the notice of deposit, the landlord or the person or persons claiming to be entitled to the rent and other charges payable complains or complain to the Rent Authority that the statements in the tenant' s application of the reasons and circumstances, which led him to deposit the rent and other charges payable are untrue, the Rent Authority, after giving the tenant an opportunity of being heard, may levy on the tenant a fine which may extend to an amount equal to two months, rent, if the Rent Authority is satisfied that the said statements were materially untrue and may order that a sum out of the line realised be paid to the landlord as compensation.
(6) The Rent Authority may, on the complaint of the tenant and after giving an opportunity to the landlord of being heard, levy on the landlord a fine which may extend to an amount equal to two months' rent, if the Rent Authority is satisfied that the landlord, without any reasonable cause, refused to accept rent and other charges payable though tendered to him within the time referred to in section 15 and may further order that sum of fine realised be paid to the tenant as compensation
### 17. Time limit for making deposit and consequences of incorrect particulars in application for deposit.
(1) No rent and other charges deposited under section 16 shall be considered to have been validly deposited' tinder that section, unless the deposit is made within twenty- one days of the time referred to in section 15 for payment of the rent and other charges payable.
(2) No such deposit shall be considered to have been validly made, if the tenant wilfully makes any false statement in his application for depositing the rent and other charges payable, unless the landlord has withdrawn the amount deposited before the date of filing an application for the recovery of possession of the premises from the tenant.
(3) If the rent and other charges payable are deposited within the time mentioned in sub-section (1) and do not cease to be a valid deposit for the reasons mentioned in sub-section (2), the deposit shall constitute payment of rent and other charges payable to the landlord, as if the amount deposited had been validly tendered.
### 18. Saving as to acceptance of rent and other charges payable and forfeiture thereof in deposit.
(1) The withdrawal of rent and other charges payable deposited under section 1-6 in the manner provided therein shall not operate as an admission against the person withdrawing it of the correctness of the, rate, of rent and other charges payable the period of default, the amount due, or of any other facts stated in the tenant' s application for depositing the rent and other charges payable under the said section.
(2) Any rent and other charges payable in deposit which are not withdrawn by the landlord or by the person or persons entitled to receive such rent and other charges payable shall be forfeited to Government by an order made by the Rent Authority, if they are not withdrawn before the expiration of five years from the date of posting of the notice or deposit.
(3) Before passing an order of forfeiture, the Rent Authority shall give notice to the landlord or the person or persons entitled to receive the rent and other charges in deposit by registered post at the last known address of such landlord or person or persons and shall also publish the notice in his office and in any local newspaper.
Chapter III
Repairs of Premises
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### 19. Duties of landlord.
(1) Subject to any contract in writing to the contrary, every landlord shall be bound to keep the premises in good and tenantable repairs in relation to matters falling under Part. A of Schedule III.
Explanation. - " Good and tenantable repairs" under this section and section 20 shall mean such repairs as shall keep the premises in the same condition in which it was let out except for the normal wear and tear.
(2) Where any repairs, in relation to a. matter falling under Part A of Schedule III, without which the premises are not habitable or useable except with undue inconvenience are to be made and the landlord neglects or fails to make them within a period of three months after notice in writing, the tenant may apply to the Rent Authority for permission to make, such repairs himself and may submit to the Rent Authority an estimate of the cost of such repairs, and, thereupon, the Rent Authority may, after giving the landlord an opportunity of being heard and after considering such estimate of the cost and making such inquiries as it may consider necessary, by an order in writing, permit the tenant to make such repairs at such cost as may be specified in the order and it shall thereafter be lawful for the tenant to make such repairs himself and to deduct the cost thereof, which shall in no case exceed the amount so specified, from the rent or otherwise recover it from the landlord:
Provided that the amount so deducted or recoverable from rent in any year shall not exceed one-half of the rent payable by the tenant for that, year and any amount remaining not recovered in that year shall be deducted or recovered from rent in the subsequent years at the rate of not more than twenty-five per cent. of the rent for a month:
Provided further that where there are more than one premises owned by a, landlord in a building,: he tenants thereof may jointly carry out the repairs and share the expenses proportionately.
(3) Nothing in sub-section (2) shall apply to a premises which-
(a) at the time of letting out was not habitable or useable except with undue inconvenience and the tenant had agreed to take the same in that condition;
(b) after being let out was caused to be not habitable or useable except with undue inconvenience by the tenant.
### 20. Duties of tenant.
(1) Every tenant shall be bound to keep the premises in good and tenantable repairs in relation to matters falling under Part B of Schedule III.
(2) Where any repairs, in relation to a matter falling under Part B of Schedule 111, without which the premises are not habitable or useable except with undue inconvenience, are to be made and the tenant neglects or fails to Make them within a period of two months after notice in writing, the landlord may apply to the Rent Authority for permission to make such repairs himself and may submit to the Rent Authority an estimate of the cost of such repairs, and, thereupon the Rent Authority may, after giving the tenant an opportunity of being heard and after considering such estimate of the cost and making, such enquiries as he, may consider necessary, by an order in writing, permit the landlord to make, such repairs at such, cost as may be specified in the order, and it shall thereafter be lawful for the landlord to make such repairs himself and to recover the cost, of such repairs, which shall in no case exceed the amount so specified, from the tenant.
(3) The landlord or a person authorised by him shall have the right to enter and inspect the premises after notice to the tenant in the manner prescribed.
(4) The tenant shall make good all damages caused to the premises by Ms negligence within three months of being informed in writing to do so by the landlord failing which the landlord may apply to the Rent Authority for permission to make good the said damages and the Rent Authority shall decide the matter in the manner provided in sub-section (2).
(5) The tenant shall hand over the possession of the premises on determination of tenancy in the same condition, except for the normal wear and tear, as it was in when it was handed over to him at the beginning of such tenancy and in a case where certain damages have been caused, not being damages caused by force majeur, the tenant shall make good the damages caused to the premises failing which the landlord may apply to the Rent Authority for permission to make good the said damages and the Rent Authority shall decide the matter in the manner provided in sub-section (2).
(6) The tenant shall not, whether during the subsistence of tenancy, or thereafter, demolish any improvement or alteration carried out by him' in the premises or remove any material used in such improvement or alteration, other than any fixture of a removable nature, without the permission of the landlord failing which such demolition or alteration shall be deemed to be a damage caused by such tenant under sub-section (4) and shall be dealt with accordingly.
### 21. Cutting off or withholding essential supply or service.
(1) No landlord or tenant, either by himself or through any person purporting to act; on his behalf, shall, without just and sufficient cause cut off or withhold any essential supply or service enjoyed by the tenant or the landlord, as the case may be, in respect of the premises' let to him, or as the case may be, under Ms own occupation.
(2) If a landlord or a tenant contravenes the provisions of sub-section (1) the tenant or the landlord, as the case may be, may make an application to the' Rent Authority complaining of such contravention.
(3) If the Rent Authority is satisfied that the essential supply or service was wilfully cut off or withheld, it may pass an order directing the restoration of the amenities immediately pending the inquiry referred to in sub-section (4).
Explanation. - An interim order may be passed under this sub-section without giving notice to the landlord or the tenant, as the case may be,
(4) If the Rent Authority on inquiry finds that the essential supply or service enjoyed by the tenant or the landlord was cut off or withheld by the landlord or the tenant, as the case may be, wilfully and without just and sufficient cause, he shall make an order directing the restoration of such supply or service.
(5) The Rent Authority shall complete an enquiry under sub-section (4) within a period of one month of filing of an application for enquiry unless the Rent Authority, for reasons to be recorded in writing, decides that it is not possible to complete the enquiry within such period.
(6) The Rent Authority may, in his discretion, direct that compensation not exceeding one thousand rupees be paid to-
(a) the landlord or the tenant, as the case may be, by the complainant if the application under sub-section (2) was made frivolously or vexatiously;
(b) the complainant, if the landlord or the tenant, as the case, may be, had cut off or withheld the supply or service without just and sufficient cause.
Explanation I. - In this section," essential supply or service" includes supply of water, electricity, lights in passages and on staircases, conservancy and sanitary services.
Explanation II. - For the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the landlord or the tenant.. as the case may be, on account of which the essential supply or service is cut off by a local authority or any other agency.
Chapter IV
Protection of Tenants Against Eviction
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### 22. Protection of tenant against eviction.
(1) Notwithstanding anything to the contrary contained in any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court, Tribunal or Rent Authority in favour of the landlord against a tenant save as provided in subsection (2).
(2) The Rent Authority may, on an application made to it in the prescribed manner, make an order for the recovery of possession of the premises on one or more of the following grounds only, namely: -
(a) that the tenant has neither paid nor tendered the whole of the arrears of' the rent and other charges payable for two or more consecutive months legally recoverable from him within two months of the date on which a notice of demand for the arrears of such rent and other charges payable and interest at the rate of fifteen per cent. for the period of default has been served on, him by the landlord in the manner provided in section 106 of the Transfer of Property Act, 1882 : (4 of 1882 .) Provided that a tenant shall not be entitled to the benefit of service of notice by the landlord under this clause where, having obtained Such benefit once respect of any premises, he again makes a default in the payment of rent and other charges payable in respect of those premises;
(b) that the tenant has, on or after the 9th day of June, 1952 , sublet, assigned or otherwise parted with the possession of the whole or any part of the premises without obtaining the consent in writing of the landlord.
Explanation. - For the purpose of this clause, any premises which have been let for being used for the purposes of business or profession shall be deemed to have been sublet by the tenant, if the Rent Authority is satisfied that the tenant, without obtaining the consent in writing of the landlord, has, after the 16th day of August, 1958 , allowed any person to occupy the whole or any part of the premises ostensibly on the ground, that such person is a partner of the tenant in the business or profession but really for the purpose of subletting such premises to that person;
(c) that the tenant has used the premises for a purpose other than that for which they were let-
(i) if the premises have been let oft or after the 9th day of June, 1952 , without obtaining the consent in writing of the landlord;
(ii) the tenant has not been residing therein, without obtaining his consent:
Provided that no application for the recovery of possession of any premises shall he under this clause unless the landlord has given to the tenant a notice in the prescribed manner requiring him to stop the misuse of the premises and the tenant has refused or failed to comply with such requirement within one month of the date of service of the notice and no order' for eviction against the tenant shall be made in such a case, unless the Rent Authority is satisfied that the misuse of the premises is of such nature that it is a public nuisance or that it causes damage to, the premises or is otherwise detrimental to the interests of the landlord;
(d) that the premises were let for use as; a residence and-
(i) neither the tenant nor any member of his family has been residing therein for a period of six months;
(ii) the tenant has not been residing therein, without a reasonable cause for a period of two years.
immediately before the (late of the filing of the application for the recovery of possession thereof:
Provided that the landlord may, on request in writing of the tenant, permit occupancy of the premises by a person other than the tenant or his family not exceeding the period of tenancy.
Explanation. - For the purposes of this clause and clause (r) ," family" means parents, spouse, dependent sons and daughters or such other relatives as are ordinarily living with the tenant and are dependent upon him:
(e) that the premises or any part thereof have become unsafe or unfit for human habitation and are required by the landlord for carrying out repairs or reconstruction which cannot be carried out without the premises being vacated:
Provided that no order for the recovery of possession under this clause, clause (g) , clause (h) or clause (i) shall be made unless the Rent Authority is satisfied that the plans and estimates of such repairs or reconstruction, as the case may be, have been properly prepared and that the landlord has the necessary means to carry out the said repairs or reconstruction:
Provided further that if the landlord proposes to change the use of the premises after reconstruction, then, he shall so specify in his application for recovery of possession and, after such reconstruction, the landlord shall, if it is otherwise permissible under law, utilize the built up area equal to the previous area for the original use to the extent required for the purpose of sub-section (1) of section, 32 and the rest for any other use;
(f) that the premises or any part thereof are required by the landlord for the purpose of immediate demolition ordered by the Government or any local authority or the premises are required by the landlord to carry out any building work at the instance of the Government or a local authority in pursuance of any Improvement scheme or development scheme and that such building work cannot be carried out without the premises being vacated;
(g) that the premises or any part thereof are required by the landlord for carrying out any repairs which cannot be carried out without the premises being vacated;
(h) that the premises are required by the landlord for the purpose of building or rebuilding or make thereto any substantial addition or alteration including construction on the terrace or on the appurtenant land and that such building or rebuilding or addition or alteration cannot be carried out without the premises being vacated;
(i) that the premises consist of not more than two floors and the same are required by the landlord for the purpose of immediate demolition with a view to rebuild the same. Provided that where the building of which such premises or premises possession in respect of which has been recovered under clause (e). clause (f), clause (g) or clause (h) forms apart has been rebuilt to an extent of less than seventy-five per cent., a tenant so dispossessed shall have a right to reentry at the new terms of tenancy in a premises in the rebuilt building equivalent in area to the original premises for which he was a tenant;
(j) that the tenant, his spouse or a dependent son or daughter ordinarily living with him has. whether before or after the commencement of this Act, built or acquired vacant possession of, or been allotted a residence:
Provided that the Rent Authority may in appropriate cases allow the tenant to vacate the premises within such period as he may permit but not exceeding one year from the date of passing of orders of eviction;
(k) that the premises were let to the tenant for use as a residence by reason of his being in the service or employment of the landlord, and. that the tenant has ceased, whether before or after the commencement of this Act, to be in such service or employment:
Provided that no order for the recovery of possession of any premises shall be made on this ground if the Rent Authority is of the opinion that there is any bonafide dispute as to whether the tenant has ceased to be in the service or employment of the landlord;
(l) that the tenant has, whether before or after the commencement of this Act, caused or permitted to be caused substantial damage to or such alteration of the premises as has the effect of changing its identity or diminishing its value.
Explanation. - For the purposes of this clause," substantial damage shall mean such damage as shall involve an expenditure equivalent to six months' rent or more of the premises or such less expenditure as the Rent Authority is satisfied, keeping in view, the special nature of damage, justifies the same to be treated as substantial damage for carrying out the repairs for such damage:
Provided that no order for the recovery of possession of ally premises, shall be made on the ground specified in this clause, if the tenant, within such time as may be specified in this behalf by the Rent Authority, carries out repairs to the. damage caused to the satisfaction of the Rent Authority or pays to the landlord such amount by way of compensation as the Rent Authority may direct;
(m) that the' tenant or any person residing with the tenant has been convicted of causing nuisance or annoyance to a person living in the neighbourhood of the premises or has been convicted of using or allowing the use of the premises for an immoral or illegal purpose;
(n) that the tenant has, notwithstanding previous notice, used or dealt with the premises in a manner contrary to any condition imposed on the landlord by the Government or the Delhi, Development Authority or the Municipal Corporation of Delhi while giving him a lease of the land on which the premises are situate:
Provided that no order for the recovery of possession of any premises shall be made on this ground if the tenant, within such time as may be specified in this behalf by the Rent Authority, complies with the condition imposed on the landlord by any of the authorities referred to in this clause or pays to the authority imposing such conditions the, amount by Way of compensation as the Rent Authority may direct;
(o) that the tenant in his reply having denied the ownership of landlord, has failed to prove it or that such denial was not made in a bona fide manner,
(p) that the person in occupation of the premises has failed to prove that he is a bona fide tenant;
(q) that the tenant after having agreed with or having informed the landlord in writing the date to vacate the premises does not do so on or after the date so agreed or informed;
(r) that the premises let for residential or nonresidential purposes are required, whether in the same form or after reconstruction, or rebuilding, by the landlord for Occupation for residential or nonresidential purpose for himself or for any member of his family if he is the owner thereof, or for any person for whose benefit the Premises are held and that the landlord or such person has no other reasonably suitable accommodation:
Provided that where the landlord has acquired the premises by transfer, no application for the recovery of possession of such premises shall lie under this clause unless a period of three years has elapsed from the date of the acquisition:
Provided further that where an order for the recovery of possession of any premises is made on the ground specified in this clause, the landlord shall be entitled to obtain possession thereof on the expiration of a period of six months in the case of residential premises and one year in the case of non-residential premises from the date of passing of eviction order.
Explanation I. - For the purposes of this clause and sections 23 to 26,-
(i) where the landlord in his application supported by an affidavit submits that the premises are required by him' for occupation for himself or for any member of his family dependent on him, the Rent Authority shall presume that the premises are so required;
(ii) premises let for a particular use may be required by the landlord for a different use if such use is permissible under law.
Explanation II. - For the purposes of this clause or section 23, section 24, section 25 or section 26, an occupation by the landlord of any part of a building of which any premises let out by him forms a part shall not disentitle him to recovery the possession of such premises.
Explanation III. - For the purposes of this clause," owner of the premises" includes a person who has been allotted such premises by the Delhi Development Authority or any other local authority by way of an agreement of hire-purchase, lease or sublease, even before the full ownership rights accrue to such hire-purchaser, lessee or sub lessee, as the case may be.
(3) In any proceeding for eviction under clause (e), (f), (g), (h) or (r) of subsection (2) of section 22 or section 23 or section 24 or section 25 or section 26, the Rent Authority may allow eviction from only a part of the premises if the landlord is agreeable to the same:
Provided that, in case of such part-eviction, the rent and other charges payable by the tenant will be decreased in proportion to the part vacated.
(4) No order for the recovery of possession in any proceeding under sub-section (2) shall be binding on any subtenant referred to in section 29 who has given notice of his subtenancy to the landlord under the provision of that section, unless the subtenant is made a party to the proceeding and the order for eviction is made binding on him.
### 23. Right to recover immediate possession of promises to accrue to certain persons.
(1) Where a person in occupation of any residential premises allotted to him by the Government or any local authority is required by, or in pursuance of, any general or special order made by that Government or authority to vacate such residential accommodation, or in default to incur certain obligations, on the ground that he or his spouse or his dependent son or daughter, as the case may be, owns, in the National Capital Territory of Delhi a residential accommodation, there shall accrue, on and from the date of such order, to such person, his spouse or his dependent son or daughter, as the case may be, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether express or implied), custom or usage to the contrary, a right to recover immediate possession of any premises let out by him, his spouse or his dependent son or daughter, as the case may be:
Provided that nothing in this section shall be construed as conferring a right on such person, his spouse or his dependent son or daughter, as the case may be, owning, in the National Capital Territory of Delhi; two or more dwelling houses, to recover the possession of more than one dwelling house and it shall be lawful for such person, his spouse or his dependent son or daughter, as the case may be, to indicate the dwelling house possession of which he intended to recover.
Explanation. - For the purposes of this sub-section, sections 24, 25 and 26, immediate possession shall mean possession recoverable on the expiry of sixty days from the date of order of eviction.
(2) Where a landlord exercises the right of recovery conferred on him by subsection (1) or section 22, 24, 25 or 26 and he had received,-
(a) any rent in advance from the tenant, he shall, within a period of ninety days from the date of recovery of possession of the premises by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract, agreement or lease;
(b) any other payment, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount so received, as the unexpired portion of the contract, agreement or lease bears to the total period of contract, agreement or lease:
Provided that, if any default is made in making any refund as aforesaid, the landlord shall be liable to pay simple interest at the rate of fifteen per cent. per annum on the amount which he has omitted or failed to refund:
Provided further that it shall be permissible for the landlord to set off any amount which he is lawfully entitled to recover from the tenant against the refund due to the tenant.
### 24. Right to recover immediate possession of premises to accrue to members of the armed forces, etc.
(1) Where a person-
(a) is a released or retired person from any armed forces and the premises let out by him, his spouse or his dependent son or daughter, as the case may be, are required for his own residence; or
(b) is a dependent of a member of any armed forces who had been killed in action and the premises let out by such member are required for the residence of the family of such member, such person, his spouse or his dependent son or daughter, as the case may be, may, within one year from the date of his release or retirement from such armed forces or, as the case may be the date of death of such member, or within a period of one year from the date of commencement of this Act, whichever is later, apply to the Rent Authority for recovery of immediate possession of such premises
(2) Where a person is a member of any of the armed forces and has a period of less than one year preceding the date of his retirement and the premises let out by him, his spouse or his dependent son or daughter, as the case may be, are required for his own residence after his retirement, he, his spouse or his dependent son or daughter, as the case may be, may, at any time, within a period of one year before the date of his retirement, apply to the' Rent Authority for recovery of immediate possession of such premises.
(3) Where the person, his spouse or his dependent son or daughter referred to in sub-section (1) or sub-section (2) has let out more than one premises, it shall be open to him, his spouse or his dependent son or daughter, as the case may be, to make an application under the sub-section in respect of only one at the premises chosen.
Explanation. - For the purposes of this section," armed forces" means an armed force of the Union constituted under an Act of Parliament and includes a member of the police force constituted under section 3 of the Delhi Police Act, 1978 . (34 of 1978 .)
### 25. Right to recover immediate possession of premises to to Central Government and State Government employees.
(1) Where a person is a retired employee of the Central Government or of a State Government and the premises let out by him, his spouse or his dependent son or daughter are required for his own residence, such employee, his spouse or his dependent son or daughter, as the case may be, may, within one year from the date of his retirement or within a period of one year from the date of commencement of this Act, whichever is later, apply to the Rent Authority for recovery of immediate possession of such premises.
(2) Where a person is an employee of the Central Government or of a State Government and has a period of less than one year preceding the date of his retirement and the premises let out by him or his spouse or dependent son or daughter are required by him for his own residence after his retirement, he, his spouse or his dependent son or daughter, as the case may be, may, at any time within a period of one year before the date of retirement, apply to the Rent Authority for recovery of immediate possession of such premises.
(3) Where the person, his spouse or his dependent son or daughter referred to in sub-section (1) or in sub-section (2) has let out more than one premises, it shall be open to him, his spouse or his dependent son or daughter, as the case may be, to make an application under the sub-section in respect of only one of the premises chosen.
### 26. Right to recover immediate possession of premises to accrue to widows, handicapped persons and old persons.
(1) Where the landlord is-
(a) a widow and the premises let out by her, or by her husband,
(b) a handicapped person and the premises let out by him,
(c) a person who is of the age of sixty-five years or more and the premises lot out by him, is required by her or him or for her or his family or for any one ordinarily living with her or him for residential or non-residential use, she or he may apply to the Rent Authority for recovery of immediate possession of such premises.
(2) Where the landlord referred to in sub-section (1) has let out more than one premises, it shall be open to him to make an application under that sub-section in respect of any one residential and one non-residential premises each chosen by him.
Explanation. I - For the purposes of this section," handicapped person" shall mean a person who is as if being an assessee entitled for the time being to the benefits of deduction under section 80U of the Income-tax Act, 1961. (43 of 1961.)
Explanation II. - The right to recover possession under this section shall be exercisable only once in respect of each for residential and for nonresidential use.
### 27. Payment of rent during eviction proceedings.
(1) If, in any proceeding for the recovery of possession of any premises on any ground other than that referred to in clause (a) of sub-section (2) of section 22, the tenant contests the claim for eviction, the landlord may, at any stage of the proceeding, make an application to the Rent Authority for an order on the tenant to pay to the landlord the amount of rent legally recoverable from the tenant and the Rent Authority may, after giving the parties an opportunity of being heard, make an order directing the tenant to pay to the landlord or deposit with the Rent Authority within one month of the date of the order, an amount calculated at the rate of rent at which it was last paid for the period for which the arrears of the rent were legally recoverable from the tenant including the period subsequent thereto up to the end of the month previous to that in which payment or deposit is made and to continue to pay or deposit, month by month, by the fifteenth of each succeeding month, a sum equivalent to the rent at that rate.
(2) if, in any proceeding referred to in sub-section (7), there is any dispute as to the amount of rent payable by the tenant, the Rent Authority shall, within fifteen days of the date of the first bearing of the proceeding, fix an interim rent in relation to the premises to be paid or deposited in accordance with the provisions of sub-section (1), until the rent in relation thereto is determined having regard to the provisions of this Act, and the amount of arrears, if any, calculated on the basis of the rent so determined shall be paid or deposited by the tenant within one month of the date en which the standard rent is fixed or such further time as the Rent Authority may allow in this behalf.
(3) If, in any proceeding referred to in sub-section (1), there is any dispute as to the person or persons to whom the rent is payable, the Rent Authority may direct the tenant to deposit with the Rent Authority the amount payable by him under sub-section (1) or sub-section (2), as the case may be, and in such a case, no person shall be entitled to withdraw the amount in deposit until the Rent Authority decides the dispute and makes an order for payment of the same.
(4) If the Rent Authority is satisfied that any dispute referred to in subsection (3) has been raised by a tenant for reasons which are false or frivolous, the Rent Authority may order the defence against eviction to be struck out and proceed with the hearing of the application.
(5) If a tenant fails to make payment or deposit as required by this section, the Rent Authority may order the defence against eviction to be struck out and proceed with the hearing of the application.
### 28. Restrictions on subletting.
(1) Where at any time before the 9th day of June, 1952, a tenant has sublet the whole or any part of the premises and the subtenant is, at the commencement of this Act, in occupation of such premises, then, notwithstanding that the consent of the landlord was not obtained for such subletting, the premises shall be deemed to have been lawfully sublet.
(2) No premises which have been sublet either in whole or in part on or after the 9th day of June, 1952 , without obtaining the consent in writing of the landlord, shall be deemed to have been lawfully sublet.
(3) After the commencement of this Act, no tenant shall, without the previous consent in writing of the landlord,-
(a) sublet the whole or any part of the premises held by him as a tenant; or
(b) transfer or assign his rights in the tenancy or in any part thereof.
### 29. Notice of creation and termination of subtenancy.
- Where, after the commencement of this Act, any premises are sublet either in whole or in part by the tenant with the previous consent in writing of the landlord, the tenant or the subtenant to whom the premises are sublet may, in the prescribed manner, give notice to the landlord of the creation of the subtenancy within one month of the date of such subletting and notify the termination of such subtenancy within one month of such termination,
### 30. Subtenant to be tenant in certain cases.
- Where an order for eviction in respect of any premises is made under section 22 against a tenant but not against a subtenant referred to in section 29 and a notice of the subtenancy has been given to the landlord, the subtenant shall, with effect from the date of the order, be deemed to have become a tenant holding the premises in his occupation directly under the landlord on The same terms and conditions on which the tenant would have hold from the landlord, if the tenancy had continued.
### 31. Recovery of possession for occupation and reentry.
(1) When a landlord recovers possession of any premises from the tenant in pursuance of an order made under clause (r) of subsection (2) of section 22, or under section 23, 24, 25, 26 or 33, the landlord shall not, except with the permission of the Rent Authority obtained in the prescribed manner, relet the whole or any part of the premises within three years from the, date of obtaining such possession, and in granting such permission, the Rent Authority may direct the landlord to put such evicted tenant in possession of the premises:
Provided that where a landlord recovers possession of any premises from the tenant in pursuance of an order made under clause (r) of subsection (2) of section 22 for occupation after reconstruction or rebuilding, the period of three years shall be reckoned from the date of completion of reconstruction or rebuilding, as the case may be.
(2) Where a landlord recovers possession of any premises as aforesaid and the premises are not occupied by the landlord or by the person for whose benefit the premises are held, within two months of obtaining such possession, or the premises having been so occupied are, at any time within three years from the date of obtaining possession, relet to any person other than the evicted tenant without obtaining the permission of the Rent Authority under subsection (1) or the possession of such premises is transferred to another person for reasons which do not appear to the Rent Authority to be bona fide, the Rent Authority may, on an application made to him in this behalf by such evicted tenant within such time as may be prescribed, direct the landlord to put the tenant in possession of the premises on the same terms and conditions if the premises are in the same form or on new terms and conditions if the premises have been reconstructed or rebuilt if he has not already built, acquired vacant possession of, or been allotted another premises or to pay him such compensation as the Rent Authority thinks fit or both, as the facts and circumstances of the case may warrant.
### 32. Recovery of possession for repairs and rebuilding and reentry.
(1) In making any order on the grounds specified in clause (e), (f) (g), (h) or (i) of sub-section (2) of section 22 the Rent Authority shall fix the new rent and ascertain from the tenant whether he elects to be placed in occupation of the premises or part thereof from which he is to be evicted and if the tenant so elects, shall record the fact of the election in the order and specify therein the date on or before winch he shall deliver possession so as to enable the landlord to commence the work of repairs or' building or rebuilding, is the case may be, and the date before which the landlord shall deliver the possession of the said premises.
(2) If the tenant delivers possession on or before the date specified in the order, the landlord shall, on the completion of the work of repairs or building or rebuilding, place the tenant in occupation of the premises or part thereof before the date specified in sub-section (1) or such extended date as may be specified by the Rent Authority by an order.
(3) If, after the tenant has delivered possession on or before the date specified in the order, the landlord fails to commence the work of repairs or building or rebuilding within three months of the specified date, the Rent Authority may, on an application made to him in this behalf by the tenant, within such time as may be prescribed, order the landlord to place the tenant in occupation of the premises on the same terms and conditions and to pay to the tenant such compensation as the Rent Authority thinks fit.
(4) If the tenant has delivered possession on or before the date specified in the order and the landlord fails to place the tenant in occupation of the premises after repairs, building or rebuilding, as the case may be, in accordance with subsection (2), the Rent Authority may, on an application made to him in this behalf by the tenant within such time as may be prescribed, order the landlord to place the in occupation of the premises on revised terms and conditions and to pay to the tenant such compensation as the Rent Authority thinks fit.
### 33. Recovery of possession in case of tenancies for limited period.
(1) Where a landlord does not require the whole or any part of any premises for a particular period, and after obtaining the permission of the Rent Authority in the, prescribed manner, lets the whole of the premises or part thereof as a residence for such period, not being more than five years, as may be agreed to in writing between the landlord and the tenant and the tenant does not, on the expiry of the said period, vacate such premises, then, notwithstanding anything contained in section 22 or in any other law, the Rent Authority may, on an application made to him in this behalf by the landlord within such time as may be prescribed, place the landlord in vacant possession of the premises or part thereof by evicting the tenant and every other person who may be in occupation of such Premises.
(2) The Rent Authority shall not-
(i) grant permission under sub-section (1) in relation to a premises consecutively more than two times except for good and sufficient reasons to be recorded in writing.
Explanation. - A permission granted under sub-section (1) shall not be construed to be consecutive, if a period of five years or more has elapsed after the expiry of the last limited period tenancy;
(ii) entertain any application from the tenant calling in question the bonafides of the landlord in letting the premises under this section.
(3) All applications made before the Rent Authority and appeals made before the Tribunal by the tenant shall abate on the expiry of period for which permission has been granted under sub-section (1).
(4) While making an order under sub-section (1), the Rent Authority may award to the landlord damages for the use or occupation of the premises at double the last rent paid by the tenant together with interest at the rate of fifteen per cent. per annum for the period from the date of such order till the date of actual vacation by the tenant.
### 34. Special provision for recovery of possession in certain cases.
- Where the landlord in respect of any premises is any company or other body corporate of any public institution, then notwithstanding anything contained in section 22 or in any other law, the Rent Authority may. on an application made to him in this behalf by such landlord. place the landlord in vacant possession of such premises, by evicting the tenant and every other person who may be in occupation thereof, if the Rent Authority is satisfied that-'
(a) the tenant to Whom such premises were let for use as a residence at a time when he was in the service or employment of the landlord, has ceased to be in such service. or employment and the premise,, are required for the use of employees of such landlord; or
(b) the tenant has acted in contravention of the terms, express or implied, under which he was authorised to occupy such premises; or
(c) any other person is in unauthorised occupation of such premises; or
(d) the premises are required bonafide by the landlord for the use of employees of such landlord or. in the case of a public institution, for the furtherance of its activities.
Explanation. - For the purposes of this section," public institution" includes any educational institution, library, hospital and charitable dispensary but does no include any such institution set up by a private trust.
### 35. Permission to construct additional structures.
- Where the landlord proposes to make any improvement in, or construct any additional structure on, any building which has been let, to a tenant and the tenant refuses to allow the landlord to make such improvement or construct such additional structure and the Rent Authority, on an application, made to him in this behalf by the landlord, is satisfied that the, landlord is ready and willing to commence the work and that such work will not cause any undue hardship to the tenant, Rent Authority may permit the landlord to do such Work and may make such other order as be thinks fit in the circumstances of the case.
### 36. Special provision regarding vacant building sites.
- Notwithstanding anything contained in section 22, where any premises which have been let comprise vacant land upon which it is permissible under the building regulations or municipal bye-laws, for the time being in force, to erect any building. whether for use as a residence or for any other purpose and the landlord proposing to erect such building is unable to obtain possession of the land from the tenant by agreement with him and the Rent Authority, on an application made to him in this behalf by the landlord, is satisfied that the landlord is ready and willing commence the work and that the severance of the vacant land from the rest of the premises will not cause undue hardship to the tenant, the Rent Authority may-
(a) direct such severance
(b) place the landlord in possession of the vacant land;
(c) determine the rent payable by the tenant in respect of the rest of the premises; and
(d) make such other order as he thinks fit in the circumstances of the case.
### 37. Vacant possession to land lord.
- Notwithstanding anything contained in any other law, where the interest of a tenant in any premises is determined for any reason Whatsoever and any order is made by the Rent Authority tinder this Act for the recovery of possession of such premises, the order shall, subject to the Provisions of section 30, be binding on all persons who may be in occupation of the premises and vacant possession thereof shall be given to the landlord by evicting all such persons therefrom:
Provided that nothing in this section shall apply to any person who has an independent title to such premises.
Chapter V
Hotels And Lodging Houses
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### 38. Application of the Chapter.
- The provisions of this Chapter shall apply to all hotels and lodging houses in the areas which the Central Government may, by notification in the Official Gazette, specify:
Provided that if the Central Government is of opinion that it would not be desirable in the public interest to make the provisions of this Chapter applicable to any class of hotels or lodging houses, it may, by notification in the Official Gazette, exempt such class of hotels or lodging houses from the operation of this Chapter.
### 39. Fixing of fair rate.
(1) Where the Rent Authority, on a written or otherwise, has reason to believe that the charges made for board or lodging or any other service provided in any hotel or lodging house are excessive, he may fix a fair rate to be charged for board, lodging or other services provided in the hotel or lodging house and in fixing such fair rate, specify separately the rate for lodging, board or other services.
(2) In determining the fair rate under sub-section (1), the Rent Authority shall have regard to the circumstances of the, case and to the prevailing rate of charges for the same or similar accommodation, board and service, during the twelve months immediately preceding the 1st day of June, 1951, and any general increase in the cost of living after that date.
### 40. Revision of fair rate.
- On a written application from the manager of a hotel or the owner of a lodging house or otherwise, the Rent Authority may, from time tO time, revise the fair rate to be charged for board, lodging or other service in a hotel or lodging house, and fix such rate as he may deem fit having regard to any general rise or fall in the cost of living which may have occurred after the fixing of fair rate.,
### 41. Charges in excess of fair rate not recoverable.
- When the Rent, Authority has determined the fair rate of charges in respect of a hotel or lodging houses,-
(a) the manager of the hotel or the owner of the lodging house, as the case may be, shall not charge any amount in excess of the fair rate and shall not, except with tile previous Written permission of the Rent Authority, withdraw from the lodger any concession or services allowed at the time when Me Relic Authority determined the fair rate;
(b) any agreement for the payment of any charges in excess of such fair rate shall be void in respect of such excess and shall be construed as if it were an agreement for payment of the said fair rate;
(c) any sum paid' by a lodger in excess of the fair rate shall be recoverable by him at any time within a period of six months from the date of the payment from the manager of the hotel or the owner of the lodging house or Ills legal representatives and may, without prejudice to any other mode of recovery, be deducted by such lodger from any amount payable by him to such manager or owner.
### 42. Recovery of possession by manager of a hotel or the owner of a lodging house.
- Notwithstanding anything contained in this Act, the manager of a hotel or the owner of a lodging house shall, be entitled to recover possession of the accommodation provided by him to a lodger on obtaining a certificate from the Rent Authority certifying-
(a) that the lodger has be 6n guilty of conduct which is a nuisance or which causes annoyance to any adjoining or neighbouring lodger.
Explanation. - For the purposes of this clause," nuisance" shall be deemed to include any act which constitutes an offence under the Immoral Traffic (Prevention) Act, 1956 ; (104 of 1956 .)
(b) that the accommodation is reasonably and bona fide required by the owner of the hotel or lodging house, as the case may be, either for his own occupation or for the Occupation of any person for whose benefit the accommodation is held, or any other cause; which may be deemed satisfactory to the Rent Authority;
(c) that the lodger has failed to vacate the accommodation on the termination of the period of the agreement in respect thereof;
(d) that the lodger has done any act which is inconsistent with the purpose for which the accommodation was given to him or which is likely to affect adversely or substantially the owner' s interest therein;
(e) that the lodger has failed to pay the rent due from him.
Chapter VI
Rent Authorities
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### 43. Appointment of Rent Authorities and additional Rent Authorities.
(1) The Central Government may, by notification in the Official Gazette, appoint as many Rent Authorities as it thinks fit; and define the local limits within which, or the hotels a and lodging houses in respect of which, each Rent Authority, shall exercise the powers conferred, and perform lie duties imposed, on Rent Authorities by or under this Act and in respect of all tenancy matters relating to premises and tenancies covered under clauses (c) to (i) of sub-section (1) of election 3 by or under the Transfer of Property Act, 1882. (4 of 1882.)
(2) The Central Government may also, by notification in the Official Gazette, appoint as many additional Rent Authorities as it thinks fit and an additional Rent Authority shall perform such of the functions of the Rent Authority as may; subject to the control of the Central Government, be assigned to him in writing by the Rent Authority and in the discharge of these functions, an additional Rent Authority shall halve and shall exercise the same powers and discharge the same duties as the Rent Authority.
(3) A person shall not be qualified for appointment, as a Rent Authority or an additional Rent Authority unless he has for at least ten years held a judicial office in India or has for at least ten years been practising as an advocate or a pleader in India.
### 44. Powers of Rent Authority.
(1) The Rent Authority may -
(a) transfer any proceeding pending before him for disposal to any additional Rent Authority, or
(b) withdraw any proceeding pending before any additional Rent Authority and dispose it of himself or transfer the proceeding for disposal to any other additional Rent Authority.
(2) The Rent Authority shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, (5 of 1908.) when trying a suit, in respect, of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of documents;
(c) issuing commissions for the examination of witnesses;
(d) any other matter which may be prescribed, and any proceeding before the Rent Authority shall be deemed to be a Judicial proceeding within the meaning of section 193 and section 228, and for the purpose of section 196, of the Indian Penal Code, (45 of 1860.) and the Rent Authority shall be deemed to be a civil court for the purpose of section 195 but not for the purposes of Chapter XXVI of the Code of Criminal Procedure, 1973. (2 of 1974.)
(3) For the purposes of holding any inquiry or discharging any duty under this Act, the Rent Authority may,-
(a) after giving not less than twenty- flour hours' notice in writing, enter and inspect or authorise any officer subordinate to him to enter and inspect any premises at any time between sunrise and sunset; or
(b) by written order, require any person to produce for his inspection all such accounts, books or other documents relevant to the inquiry at such time and at such place as may be specified in the order.
(4) The Rent Authority may, if he thinks fit, appoint one or more persons having special knowledge of the matter under consideration as an assessor or assessors to advise him, on the proceeding before him.
(5) Any fine imposed by a Rent Authority under this Act shall be, paid by the person fined Within such time as may be allowed by the Rent Authority and the Rent Authority may, for good and sufficient reason, extend the time, and in default of such payment, the amount shall be recoverable as fine under the provisions of the Code of Criminal Procedure, 1973, (2 of 1974.) and the Rent Authority shall be deemed to be a magistrate under the said Code for the purposes of such recovery.
(6) An order made by a Rent Authority or the Tribunal under this Act or an order made by a Controller, or an order passed on appeal, under the Delhi Rent Control Act, 1958 (2 of 1958.) shall be executable by a Rent Authority designated by the Tribunal in this behalf and for', the purpose the Rent Authority so designated shall have all the powers of a civil court.
### 45. Procedure to be followed by Rent Authority.
(1) No order which prejudicially affects any person shall be made by the Rent Authority under this Act without giving him a reasonable opportunity of showing cause against the order proposed to be made and until his objections, if any, and any evidence he may produce in support If the same have been considered by the Rent Authority.
(2) Subject to any rules that may be made under this Act and the other provisions of this Act, the Rent Authority shall, while holding an inquiry in any proceeding before him, follow as far as may be the practise and procedure of a court of small causes, including the recording of evidence.
(3) The Rent Authority shall not ordinarily allow more than three adjournments at the request of a party throughout the proceedings and in case he decides to do so, he shall inform the Chairman the reasons therefor and order to pay the other party the reasonable cast.
(4) The Rent Authority shall issue summons in relation to every application under this Act in the form specified in Schedule IV.
(5) The Rent Authority shall, in addition to, and simultaneously with the issue of summons for service on the opposite party, also direct the summons to be served by registered post, acknowledgment due, addressed to the opposite party or his agent empowered to accept the service at the place where the opposite party or his agent actually and voluntarily resides or carries on business or personally works for gain and may, if the circumstances of the case so require, also direct the publication of the summons in a newspaper circulating in the locality in which the opposite party is last known to have resided or carried on business or personally worked for gain.
(6) When an acknowledgment purporting to be signed by the opposite party or his agent is received by the Rent Authority or the registered article containing the summons is received back with an endorsement purporting to have been made by a postal employee to the effect that the opposite party or his agent had refused to take delivery of the registered article, the Rent Authority may declare that there has been a valid service of summons.
(7) (a)
An application under section 21 shall be dealt with in, accordance with the procedure specified in this sub-section.
(b) The Rent Authority shall commence the hearing of the application within seven days of the filing thereof and shall, dispose of the same within thirty days of starting of such hearing, failing such commencement of hearing or disposal of application within such time, the Rent Authority shall inform the Chairman of the Tribunal the reasons therefor.
(8) (a)
Every application by a landlord for the recovery of possession of any premises on the ground specified in clause (e) or clause or clause (r) of subsection (2) of section 22, or under section 23, or under section 24, or under section 25, or under section 26, or under section 33, shall be dealt with in accordance with the procedure specified in this sub-section.
(b) The tenant on whom the summons is duly served (whether in the ordinary way or by registered post) in the form specified in Schedule IV shall not contest the prayer for eviction from the premises unless he files an affidavit stating the grounds on which he seeks to con. test the application for eviction and obtains leave from the Rent Authority as hereinafter provided; and in default of his appearance in Pursuance of the summons or his obtaining such leave, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction on the ground aforesaid.
(c) The Rent Authority shall give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for the recovery of possession of the premises.
(d) Where leave is granted to the tenant to contest the application the Rent Authority shall ordinarily commence the hearing of the application within seven days of the grant of such leave and shall provide day to day hearing and shall dispose of the application within thirty days of starting of such hearing, failing such commencement of hearing or disposal of application within such time, the Rent Authority shall inform the Chairman of the Tribunal the reasons therefor.
(e) Where the leave to contest under clause is denied to the tenant, he may file an application for review before the Rent Authority Within ten days of such denial and the Rent Authority shall endeavour to dispose of such application within seven days of its filing.
(9) Every application made to the Rent Authority shall be heard as expeditiously or, possible and, subject lo the provisions of sub-sections (7) and (8), endeavour shall be made to conclude the hearing and to dispose of the application within six months of it being filed.
(10) In all proceedings before him, the Rent Authority shall consider the question of costs and award such costs to or against any party as that Rent Authority considers reasonable.
Chapter VII
Delhi Rent Tribunal
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### 46. Establishment of Delhi Rent Tribunal.
- The Central Government shall, by notification in the Official Gazette, establish a Tribunal, to be known as the Delhi Rent Tribunal to exercise the jurisdiction, powers and authority conferred on it by or under this Act.
### 47. Composition of Tribunal and Benches thereof.
(1) The Tribunal shall consist of a Chairman and such number of other Members, being not less than three, as the Central Government may deem fit and, subject to the other provisions of this Act, the jurisdiction, powers and authority of the Tribunal may be exercised by the Benches thereof.
(2) Subject to the other provisions of this Act, a Bench shall consist of one or more Members, as the Chairman may decide in accordance with the, rules as may be prescribed.
(3) Notwithstanding anything contained in sub-section (1), the Chairman may transfer other Member from one Bench to another Bench.
(4) Subject to the other provisions of this Act, the Benches of the Tribunal shall ordinarily sit at such places in the National Capital Territory of Delhi as the Central Government may, by notification in the Official Gazette, specify.
### 48. Qualifications for appointment as Chairman and Members.
(1) A person shall not be qualified for appointment as the Chairman unless he-
(a) is, or has been, a Judge of a High Court; or
(b) has, for- at least three years, held the office of a Member; or
(c) is, or has been, a Member of the Indian Legal Service and has held, for at least three years, a post in Grade I of that Service; or
(d) has, for at least three years, held the post of a Secretary in the Law Department of a State Government.
(2) A person shall not be qualified for appointment as a Member, unless be-
(a) has for at least eight years, held the Post of Rent Authority; or
(b) has, for at least five years, held the post of a District Judge; or
(c) is, or has been, a Member of the Indian Legal Service in Grade I of that Service; or
(d) has, for at least two years, held the post of a Secretary in me Law Department of a State Government; or
(e) has, for at least ten years, been an Advocate.
(3) Subject to the provisions of sub-sections (4) and (5), the Chairman and other Members of the Tribunal shall be appointed by the President of India after consultation with the Chief Justice of India.
(4) The Chairman and other Members shall be appointed by the President of India on the recommendation of a Selection Committee appointed by the Central Government consisting of the following, namely: -
(a) Chief Justice of the High Court of Delhi or his nominee who shall be a sitting Judge of the High Court;
(b) Chairman of the Tribunal (except in case of the appointment of the Chairman);
(c) Secretary to the Government of India in the Ministry dealing with Legal Affairs;.
(d) Secretary to the Government of India in Ministry dealing with Urban Development;
(e) Chief Secretary to the Government of the National Capital Territory of Delhi.
(5) The Selection Committee shall recommend a person for appointment as Chairman or other Member from amongst the persons on the list of candidates prepared by the Ministry dealing with Urban Development in consultation with the Department dealing with Justice of the Government of India in accordance with the procedure as may be prescribed.
### 49. Term of office.
- The Chairman or any other Member shall bold office as such for a term of five years from the date on which he enters upon his office, but shall be eligible for reappointment for another term of five years:
Provided that no Chairman, or any other Member shall hold office as such after he has attained,-
(a) in the case of the Chairman, the age of sixty-five years; and
(b) in the case of any other Member, the age of sixty-two years.
### 50. Senior most Member to act as Chairman or discharge his functions in certain circumstances.
(1) In the, event of occurrence of any vacancy in the office of the Chairman by reason of his death, resignation or' Otherwise, the senior most Member shall act as Chairman until the date on which a new Chairman, appointed in accordance with the provisions; of this Act to fill such vacancy, enters upon his office.
(2) When the Chairman is unable to discharge his functions owing to his absence, illness or any other cause, the senior most Member shall discharge the function of the Chairman until the date on which the Chairman resumes his office.
### 51. Salaries allowances and other terms and conditions of services of Chairman and other Members.
- The salaries and allowances payable to, the other terms and conditions of service (including, pensions, gratuity and other retirement benefits) of, the Chairman and other Members shall be such as may he prescribed:
Provided that neither the salary and allowances nor the other terms and conditions of service of the Chairman or any other Members shall be varied to his disadvantage after his appointment.
### 52. Resignation and removal.
(1) The Chair or any other Member may, by notice in writing under his hand addressed to the President of India, resign his office:
Provided that the Chairman or any other Member shall, unless he is permitted by the President of India to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest.
(2) The Chairman or any other Member shall not be removed from his office except by an order made by the President of India on the ground of proved misbehaviour or incapacity after an inquiry made by a Judge of the Supreme Court in which such Chairman or other Member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.
(3) The Central Government may, by rules, regulate the procedure for the investigation of misbehaviour or incapacity of the Chairman or other Member referred to in subsection (2).
### 53. Provision as to the holding of offices by Chairman and Member on ceasing to be such Chairman or Member.
- On ceasing to hold office,-
(a) the Chairman of the Tribunal shall be ineligible for further employment either under the Government of India or under the Government of a State;
(b) a Member, other than the Chairman, of the Tribunal shall, subject to the other provisions of this Act, be eligible for appointment as the Chairman or Member of any other tribunal, but not for any other employment either under the Government of India of under the Government of a State;
(c) the Chairman or other Member shall not appear, act or plead before the Tribunal.
Explanation. - For the purposes of this section, employment under the Government of India or under the Government of a State includes employment under any local or other authority within the territory of India or under the control of the Government of India or under any corporation or society owned or controlled by the Government.
### 54. Financial Chairman.
- The Chairman shall exercise such financial and administrative powers over the Benches as may be prescribed:
Provided that the Chairman shall have authority to delegate such of his financial and administrative powers as be may think fit to any other Member or any officer of the Tribunal, subject to the condition that such Member or officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the Chairman.
### 55. Staff of the tribunal.
(1) The Central Government shall determine the nature and categories of the officers and other employees required to assist the Tribunal in the discharge of its functions and provide the Tribunal with such officers and other employees as it may think fit.
(2) The salaries and allowances and conditions of service of the officers and other employees of the Tribunal shall be such as may be prescribed.
(3) The officers and other employees of the Tribunal shall discharge their functions under the general superintendence of the Chairman.
### 56. Distribution of business among the Benches.
- The Chairman may make provisions as to the distribution of the business of the Tribunal among its Benches.
### 57. Jurisdiction, Powers and Authority of the Tribunal.
(1) Save as otherwise expressly provided in this Act, the Tribunal shall exercise, on and from the date with effect from which it is established under section 46, all the jurisdiction, powers and authority exercisable immediately before that date by all courts (except the Supreme Court) In relation to--
(a) all appeals from the orders of the Rent Authority under this Act;
(b) any other matter arising from the provisions of this Act;
(c) review of its own orders and decisions.
(2) The Tribunal may, either on its own motion or on application of any of the parties and after notice to the parties and after hearing such of them as it may desire to be heard, call for records of any case pending before the; Rent Authority under this Act, and either itself try the case or give direction for disposal of the case by such Rent Authority.
(3) The Tribunal shall have powers to effect a conciliation between the parties in any case pending before It.
### 58. Power to punish for contempt.
- The Tribunal shall have, and exercise, the same, jurisdiction, powers and authority in respect of contempt of itself or of the Rent Authority under this Act as a High Court has and may exercise and, for this purpose, the provisions of the Contempt of Courts Act, 1971 , (70 of 1971 .) shall have effect subject to the modification that-
(a) the references therein to a High Court shall be construed as including a reference to the Tribunal;
(b) in section, 15 of the said Act, the references to the Advocate General shall be construed as a reference to the Attorney-General or the Solicitor-General or the Additional Solicitor-General;
(c) in sections 6, 10, 11A, 12, 15 and 17 of the said Act, the references therein to subordinate Court or Court subordinate, shall be construed as including a reference to Rent Authority under this Act; and
(d) the references, in section 14 of the said Act, to Chief Justice, Judge or Judges shall be construed as including a reference to Chairman, Member or Members.
### 59. Application to Tribunal.
(1) Subject to the other provisions of this Act, a person aggrieved by any order pertaining to any matter within the jurisdiction of the Tribunal may make an application to the Tribunal for the redressal of his grievance.
(2) Every application under sub-section (1) shall be in such form and be accompanied by such affidavits, documents or any other evidence and by such fee in respect of the filing or such application and by such other fees for the service or execution of, processes as may be prescribed.
(3) On receipt of an application under sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the application is a fit case for adjudication or trial by it, admit such application: but where the Tribunal is not so satisfied; it may summarily reject the application after recording its reasons.
### 60. Procedure of Tribunal.
(1) The Tribunal shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 , (5 of 1908 .) but shall be guided by the principles of natural justice and, subject to the other provisions of this Act and of any rules made by the Central Government, the Tribunal shall have power to lay down and regulate its own procedure, including the fixing of places and times of its inquiry and deciding whether to sit in public or in private.
(2) The Tribunal shall decide every application made to it as expeditiously as possible and on a perusal of documents, affidavits and written representations and after hearing such oral arguments as may be advanced:
Provided that where the Tribunal deems it necessary, for reasons to be recorded in writing, it may allow oral evidence to be adduced.
(3) The Tribunal shall, have,' for the purposes of discharging its functions under this Act, the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 , (5 of 1908 .) while trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any parson and examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) subject to the provisions of sections 123 and 12A of the Indian Evidence Act, 1872 , (1 of 1872 .) requisitioning any public record or document or copy of such record or document from any office;
(e) issuing commissions for the examination of witnesses or documents;
(f) reviewing its orders and decisions;
(g) dismissing an application or appeal for default or deciding it ex parte;
(h) setting aside any order of dismissal of any application or appeal for default or any order passed by it ex parte;
(i) for the execution of its orders and decisions and orders and decisions of Rent Authority under this Act, like decree of a civil court without reference to any civil court; and
(j) any other matter which may be prescribed.
(4) No adjournment shall be granted by the Tribunal without recording the reasons justifying the grant of such adjournment in the case and costs shall be awarded, if a party asks for adjournment for third and subsequent times.
### 61. Appeal to the Tribunal.
(1) Any person aggrieved by an order passed or a decision made by the Rent Authority may, within thirty days from the date of such order or decision, prefer an appeal in writing to the Tribunal in the prescribed form and accompanied by a certified copy of the order or decision appealed against and by such fees as may be prescribed:
Provided that an appeal may be admitted after the expiry of the said period of thirty days, if the appellant satisfies the Tribunal that he had sufficient cause for not preferring the appeal within the specified period
(2) In computing the aforesaid period of thirty days, the time taken in obtaining a certified copy of the order or decision appealed against shall be excluded.
(3) An appeal shall lie to the Tribunal from every order or decision of Rent Authority made under this Act both on question of law and facts:
Provided that no appeal shall lie from an order or decision of the Rent Authority made under section 11, section 12, section 21 or section 33 of this Act.
(4) On receipt of an appeal under sub-section (1), the Tribunal shall, if satisfied after such inquiry as it may deem necessary, that the appeal is a fit case for adjudication by it admit such appeal; but where the Tribunal is not so satisfied, it may summarily reject the appeal after recording its reason.
(5) The Tribunal shall endeavour to dispose of an appeal against the order or decision of the Rent Authority under clause (e), clause (f) or clause (r) of sub-section (2) of section 22 or a section 23, 24, 25, 26 or, 33 within one month of filing of such appeal.
### 62. Conditions as to making of interim orders.
- Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner) shall be made on, or in any proceeding relating to, an application or appeal unless-
(a) copies of such application or appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such application is made or appeal is preferred; and
(b) opportunity is given to such party to be heard in the matter:
Provided that the Tribunal may dispense with the requirements of clauses (a) and (b) and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing that it is necessary so to do for preventing any loss being caused to the applicant or the appellant, as the case may be, which cannot be adequately compensated in money; but any such interim order shall, if it is not sooner vacated, cease to have effect on the expiry of a period of fourteen days from the date on which it is made unless the said requirement' s have been complied with before the expiry of that period and the Tribunal has continued the operation of the interim order.
### 63. Right of applicant to take assistance of legal practitioner.
- A person making an application or preferring an appeal to the Tribunal under this Act may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the Tribunal
### 64. Power of Chairman to transfer cases from one Bench to another.
- On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench.
### 65. Decision to be try majority.
- The decision of a Bench consisting of more than one Member on any point shall, where there is a majority, be according to the opinion of the majority, and where there is no majority and the Members are equally divided in their opinion, they shall draw up a statement of" the case setting forth the point or points on which they differ and make a reference to the Chairman, and on receipt of such reference, the Chairman may arrange for the hearing of such point or points by one or more of the other Members (including, if be did not preside over such Bench, himself) and such point or points shall be decided according to the opinion by the majority of the Members who have heard the case, including those who had first heard it.
### 66. Exclusion of jurisdiction of courts except the Supreme Court.
- On and from the date from which any jurisdiction, powers and authority becomes exercisable under this Act by the Tribunal in relation to any matter, no court (except the Supreme Court) shall have, or be entitled to exercise any jurisdiction,, powers or authority in relation, to much matter.
### 67. Transfer of pending cases.
- On the Commencement of this Act, all cases pertaining to the matters in respect of which the Tribunal shall have jurisdiction under this Act including the cages under the Transfer of Property Act, 1882 (4 of 1882 .) in respect of premises and tenancies covered under clauses, (c) to (i) of subsection (1) of section 3 and pending in the High Court and all cases pending in the Rent Control Tribunal or additional Rent Control Tribunal, constituted under the Delhi Rent Control Act, 1958 (59 of 1958 .) shall stand transferred to the Tribunal and the Tribunal may proceed with the matter either de novo or from the stage it was so transferred.
### 68. Proceedings before the Tribunal to be judicial proceedings.
- All proceedings before the Tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code. (45 of 1860 .)
### 69. Members and staff of Tribunal to be public servants.
- The Chairman and other Members and the officers and other employees provided under section 55 to the Tribunal shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code. (45 of 1860 .)
### 70. Protection of action taken in good faith.
- No suit prosecution or other legal proceeding shall lie against the Central Government or against the Chairman or other Member of the Tribunal, or any other person authorised by such Chairman or other Member, for anything which is in good faith done or intended to be done in pursuance of this Act or any rule or order made thereunder.
### 71. Criminal Jurisdiction of the Tribunal.
(1) No court other than the Tribunal shall try any offence punishable under this Act.
(2) The Tribunal shall not take cognizance of an offence punishable under this Act, unless the complaint in respect of the offence has been made within three months from the date of the commission of the offence.
(3) Every complaint referred to in sub-section (2) shall set forth the facts which constitute the offence alleged', the nature of such offence and such other particulars as are reasonably sufficient to summon the accused and to give him notice of the offence alleged to have been committed and to notify the Public Prosecutor to conduct the prosecution.
(4) The Tribunal shall observe the same procedure for the trial of offences under this Act as the High Court would observe if it were trying the case under section 474 of the Code of Criminal Procedure, 1973 and for that purpose the Tribunal shall be deemed to be High Court under the said Code. (2 of 1974.)
### 72. Amendment of orders.
- Clerical or arithmetical mistakes in any order passed by the Tribunal or Rent Authority or errors arising therein from any accidental slip or omission may. at any time, be corrected by the Tribunal or, as the case may be, the Rent Authority on an application received in this behalf from any of the parties or otherwise.
### 73. Finality of orders.
- Save as otherwise expressly provided in this Act, every order made by the Rent Authority or an order passed on appeal under this Act shall be final and shall not be called in question in any original suit, application or execution proceeding.
Chapter VIII
Penalties
---------------------------
### 74. Penalties.
(1) In a case where the tenant, applies for fixation of standard rent under section 11 for the premises the standard rent of which had been fixed in a previous tenancy under the Delhi Rent Control Act, 1958 (59 of 1958 .) or under this Act, the, landlord shall, on a request from the tenant, intimate in writing to such tenant the standard rent so fixed and in case the landlord fails to do so, be shall be punishable with fine of one thousand rupees or double the standard rent, fixed in the previous tenancy, whichever is more.
(2) If any landlord or tenant contravenes the provisions of sub-section (1) of section 21, he shall be punishable with fine equivalent in amount to the rent for three months or with one month' s imprisonment, or with both, and shall also be liable to fine of one hundred rupees for each day commencing on the date of cutting off or with holding essential supply or service till. the date the essential supply or service is restored.
(3) If any tenant sub-lets, assigns or otherwise parts with the possession of the whole or part of any premises in contravention of the provisions of clause (b) of sub-section (2) of section 22, he shall be punishable with fine which may extend to five thousand rupees, or double the rent received by the tenant for subletting for every month till such time the cause of complaint ceases, whichever is more or with imprisonment for a term of one month.
(4) If any landlord, makes a false statement in his affidavit under paragraph (i) of Explanation I to clause (r) of sub-section (2) of section 22, he shall be punishable with fine which may extend to five thousand rupees, or double the rent receivable for a period of three years in case it has been relet, whichever is more.
(5) If any landlord relets the whole or any part of any premises in contravention of subsection (1) of section 31, he shall be punishable with fine which may extend to five thousand rupees or double the rent the landlord receives after reletting whichever is more, or imprisonment which may extend to one month.
Explanation. - For the purposes of this subsection and subsection (3) in cases where it is difficult to prove the rent which the landlord or the tenant, as the case may be, is receiving after reletting on subletting, the fine may extend to five thousand rupees.
(6) If, after the tenant has delivered possession, the landlord fails to commerce the work of repairs or building or rebuilding, as the case may be., within three: months of the specified date under subsection (3) of section 32, he shall be punishable with fine equivalent to rent for three months
(7) If a landlord contravenes the provisions of subsection (2) of section 32, he shall be punishable with fine which may extend to six months' rent of the premises.
(8) If a tenant fails to make reentry under sub-section (2) of section 32 within three months from the date of the completion of repairs or building or rebuilding, as the case may be, intimated in writing by the landlord without reasonable excuse, he shall forfeit his right to reentry and shall be punishable with fine equivalent to three months' rent of the premises.
Chapter IX
Miscellaneous
-----------------------------
### 75. Jurisdiction of civil courts barred in respect of certain matters.
- Save as otherwise expressly provided in this Act, no civil court shall entertain any suit or proceedings in so far as it relates to any matter to which this Act applies or to any other matter which the Rent Authority is empowered by or under this Act to decide, and no injunction in respect of any action taken or to be taken by the Rent Authority or the Tribunal under this Act shall be granted by any civil court or other authority.
### 76. Rent Authorities to be public servants.
- All Rent Authorities and additional Rent Authorities appointed under this Act shall he deemed to be public servants within the meaning of section 21 of the Indian Penal Code. (45 of 1860 .)
### 77. Protection of action taken in good faith.
- No suit, prosecution or other legal proceeding shall lie against any Rent Authority or additional Rent Authority In respect of anything which is in good faith done or intended to be done in pursuance of this Act.
### 78. Special provision regarding decrees affected by the Delhi Tenants (Temporary Protection) Act, 1956 and the Delhi Rent Control Act, 1958.
- Where any decree or order for the recovery of possession of any premises to which the Delhi Tenants (Temporary Protection) Act, 1956 (97 of 1956 .) or the Delhi Rent Control Act, 1958 , (59 of 1958 .) applies is sought to be executed on the cesses of operation of any of those Acts in relation to those premises, the Rent Authority executing the decree or order may, on the application of the person against whom the decree or order has been passed or otherwise, reopen the case and if it is satisfied that' the decree or order could not have been passed if this Act had been in force on the date of the decree or order the Rent Authority may, having regard to the provisions of this Act, set aside the decree or order or pass such other order in relation thereto as he thinks fit.
### 79. Transfer of pending cases to Rent Authority.
- On the commencement of this Act, all cases pertaining to the matters in respect of which the Rent Authority shall have jurisdiction under this Act and pending before the Controller under the Delhi Rent Control Act, 1958 (59 of 1958 .) or any other court shall stand transferred to the Rent Authority and tile Rent Authority shall proceed with the matter either de novo or from the stage it was transferred.
### 80. Powers of Central Government to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty.
Provided that no order shall be made under this section after the expiry of two years from the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
### 81. Power to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules for the purpose of carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-
(a) the period within which agreements shall be registered under sub-section (2) of section 4;
(b) the authority before whom, the form and the manner in which and the period within which the landlord and the tenant shall separately file the particulars about the tenancy under the proviso to sub-section (3) of section 4;
(c) the manner of making application under sub-section (1) of section 11;
(d) the valuer whose assistance may be taken by the Rent Authority and the manner of assessment to be carried out by him tinder sub-section (2) of section 11;
(e) the manner of depositing rent or other charges under subsection (1) of section 16;
(f) the particulars under clause (e) of sub-section (2) of section 16;
(g) the manner of sending copy of application to landlord under sub-section (3) of section 16;
(h) the manner in which the deposited rent or other charges to be paid to the applicant under Sub-section (4) of section 16;
(i) the manner of giving notice to the tenant under sub-section (3) of section 20;
(j) the manner in which the application under sub-section (2) of section 22 shall be made to the Rent Authority:
(k) the manner in which a notice shall be given under proviso to clause (c) of sub-section (2) of section 22;
(l) the Manner in which notices to the landlord shall be give by the tenant or sub-tenant under section 29;
(m) the manner in which permission of tile Rent Authority shall be obtained by the landlord under section 31;
(n) the time within which applications to be made under sub-section (2) of section 31 or sub-section (3) and sub-section (4) of section 32;
(o) the manner in which the permission of the Rent Authority shall be obtained by the landlord under section 33;
(p) the time within which the application shall be made to the Rent Authority by the landlord under section 33;
(q) the powers of a civil court which may be vested in the Rent Authority under clause (d) of sub-section (2) of section 44;-
(r) the number of Members in the Benches to be decided by the Chairman under sub-section (2) of section 47;
(s) the procedure in accordance with which a list of candidates shall be prepared by the Ministry dealing with Urban Development in consultation with the Department dealing with Justice of the Government of India under sub-section (5) of section 48;
(t) the salaries and allowances payable to, land the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the Chairman and other Members under section 51;
(u) procedure under sub-section (3) of section 52, for the Investigation of misbehaviour or incapacity of the Chairman or other Member referred to in subsection (2) of the said section;
(v) the financial and administrative powers of the Chairman under section 54;
(w) the salaries and allowances and conditions of service of the officers and other employees of the Tribunal under sub-section (2) of section 55;
(x) the form of application under sub-section (1) of section 59 and the affidavits, documents or any other evidence and the fee in respect of filing of the said application and the other fees for the service or execution of Processes as mentioned In sub-section (2) of the said section;
(y) the to be prescribed under clause (j) of sub-section (3) of section 60;
(z) the form of appeal and the fee payable under sub-section (1) of section 61;
(za) any other matter which has to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid,. as soon, as may be after it is made before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be: so. however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
### 82. Repeal and savings.
(1) The Delhi Rent Control Act, 1958 , (59 of 1958 .) is hereby repealed.
(2) Notwithstanding such repeal and subject to the provisions of section 67 and section 79 all cases and other proceedings under the said Act pending, at the commencement of this Act, shall be continued and disposed of in accordance with the provisions of this Act.
(3) Notwithstanding such repeal all leases relating to the premises taken by the Government on lease under section 47 of the Delhi Rent Control Act, 1958 (59 of 1958 .) shall cease on the expiration of a period of six months from the date of commencement of this Act, unless sooner determined by the Government.
I
---
(See sections 6 and 7)
The rent enhanceable under clause (a) of sub-section (1) of section 6 or sub-section (1) of section 7, as the case may be, shall be calculated at the rates shown in column (2) of Table I given below, compounding on an yearly basis, with reference to the date of agreement in the case of rent agreed to between the landlord and the tenant, and the date of commencement of construction in the case of standard rent, to arrive at the rent payable for the period for which rent is to be determined:
Provided that the total amount of enhancement as so calculated till the commencement of this Act shall be restricted in respect of a premises on the basis of its size as indicated in column (1) of Table II to such percentage as is specified in the corresponding entry in column (2) of the said Table:
Provided further that the enhancement in the case of a tenancy entered into before the commencement of this Act shall be effected gradually in five equal yearly instalments:
Explanation. - The base for calculation of annual enhancement of rent after the commencement of this Act shall be the rent payable in a year as if the total enhancement of rent due at the commencement of this Act came into effect immediately rather than gradually over a five year period, and such annual enhancement of rent shall be payable in addition to the graduated enhancement:
Provided also that in relation to a landlord, referred to in section 26, who is a widow, a handicapped person or a person of the age of sixty-five years or more, the enhancement of rent shall not be spread over a period of five years but shall come into force with immediate effect.
| | |
| --- | --- |
|
Date of agreement/commencement of construction
|
Rate of enhancement of rent
|
|
(1) |
(2) |
|
1. Up to 31st December, 1949
|
Two per cent
|
|
2. On and from 1st January, 1950 to 31st December, 1960
|
Four per cent.
|
|
3. On and from 1st January, 1961 to 31st December, 1970
|
Six per cent.
|
|
4. On and from 1st January, 1971 to 31st December, 1994
|
(i) Eight per cent for residential premises;
|
|
|
(ii) Ten per cent for nonresidential premises.
|
|
5. On and from 1st January, 1995 onward
|
Seventy-five per cent, of annual inflation rate based on
Wholesale Price Index in the case of residential premises and
hundred per cent. of such rate in the case of non residential
premises
|
| | |
| --- | --- |
|
Size of premises (build-up area)
|
Permitted enhancement of rent
|
|
(1) |
(2) |
|
1. Residential premises of 25 square metres or less
|
Twenty-five per cent.
|
|
2. Residential premises of more than 25 square metres but 40
square metres or less
|
Fifty per cent.
|
|
3. Residential premises of more than 40 square metres but 80
square metres or less
|
Seventy-five per cent.
|
|
4. Residential premises of more than 80 square metres
|
One Hundred per cent.
|
|
5. Non-residential premises
|
One Hundred per cent. (irrespective of size).
|
II
----
(See section 8)
### 1. Air conditioner. ###
2. Electrical Heater.
### 3. Water cooler. ###
4. Geyser.
### 5. Refrigerator. ###
6. Cooking range.
### 7. Furniture. ###
8. Garden meant to be used by the tenant exclusively.
### 9. Playground meant to be used by the tenant exclusively ###
10. Sun-breakers.
### 11. Usufructs, if any, enjoyed by the tenant. III
-----
(See sections 19 and 20)
A. Structural repairs to be got done by the landlord.
### 1. Structural repairs, except those necessitated by damage caused by the tenant. ###
2. Whitewashing of walls and painting of doors and windows once in three years.
### 3. Changing and plumbing pipes when necessary. ###
4. Internal and external wiring and related maintenance.
B. Day to day repairs to be got done by the tenant.
### 1. Changing of tap washers and taps. ###
2. Drain cleaning.
### 3. Water closet repairs. ###
4. Wash basin repairs.
### 5. Bath tub repairs. ###
6. Geyser repairs.
### 7. Circuit breakers repairs. ###
8. Switches and sockets repairs.
### 9. Repairs and replacement of electrical equipment, except major internal and external wiring changes. ###
10. Kitchen fixtures repairs.
### 11. Replacement of knobs and locks of doors, cub-boards, windows, etc. ###
12. Replacement of flynets.
### 13. Replacement of glass panels in windows, doors, etc. ###
14. Maintenance of gardens and open spaces let-out to the tenant.
IV
----
[See sub-section (4) of section 451
Form of Summons
(Name, description and place of residence of the tenant)
Whereas Shri ....................... has filed an application (a copy of which is annexed) for ....................... on the grounds specified in section.......................
You are hereby summoned to appear before the Rent Authority within (\*) days of the service hereof and file a reply within ....................... days in default whereof the matter shall be heard and disposed of ex parte.
(\*\*) You are to obtain the leave of the Rent Authority to contest the application for eviction on the ground ........................ in default whereof, the applicant will be entitled at any time after the expiry of the said period of fifteen days to obtain an order for your eviction from the said premises.
Leave to appear and contest the application may be obtained on an application to the Rent Authority supported by an affidavit as is referred to in clause (b) of sub-section (7) of section 45.
Given under my hand and seal of the Rent Authority /Additional Rent Authority: This .......................day of.................20......
Rent Authority/Additional Rent Authority
(Seal) \*To be filled in.
\*\*Strike off portion not applicable.
Notes.
\*For cases covered under clauses (e) and (f) of sub-section (2) of section 22 and sections 23, 24, 25, 26 and 33 indicate fifteen days and for other cases indicate thirty days.
\*\*For only cases covered under clause (a) of sub-section (8) of section 45.
Comparative Charts
| | |
| --- | --- |
|
Chart 1
|
Chart 2
|
|
Comparison of Delhi Rent Act, 1995 with Delhi
Rent Control Act, 1958
|
Comparison of Delhi Rent Control Act, 1958
with Delhi Rent Act, 1995
|
|
Sections of Delhi Rent Act, 1995
|
Sections of Delhi Rent Control Act, 1958
|
Sections of Delhi Rent Act, 1995
|
Sections of Delhi Rent Control Act, 1958
|
Sections of Delhi Rent Control Act, 1958
|
Sections of Delhi Rent ACt, 1995
|
Sections of Delhi rent Control Act, 1958
|
Sections of Delhi rent Act, 1995
|
|
1
|
1
|
42
|
34
|
1
|
1
|
34
|
42
|
|
2
|
2
|
43
|
35
|
2
|
2
|
35
|
43
|
|
3
|
3
|
44
|
36
|
3
|
3
|
36
|
44
|
|
4
|
-
|
45
|
37
|
4
|
-
|
37
|
45
|
|
5
|
-
|
46
|
-
|
5
|
-
|
38
|
61
|
|
6
|
-
|
47
|
-
|
6
|
7
|
38A
|
-
|
|
7
|
6
|
48
|
-
|
6A
|
9
|
38B
|
67
|
|
8
|
-
|
49
|
-
|
7
|
-
|
39
|
-
|
|
9
|
6A
|
50
|
-
|
8
|
10
|
40
|
72
|
|
10
|
8
|
51
|
-
|
9
|
11
|
41
|
-
|
|
11
|
9
|
52
|
-
|
10
|
12
|
42
|
-
|
|
12
|
10
|
53
|
-
|
11
|
14
|
43
|
73
|
|
13
|
12
|
54
|
-
|
12
|
13
|
44
|
19
|
|
14
|
11
|
55
|
-
|
13
|
-
|
45
|
21
|
|
15
|
26
|
56
|
-
|
14
|
22
|
46
|
-
|
|
16
|
27
|
57
|
-
|
14A
|
23
|
47
|
-
|
|
17
|
28
|
58
|
-
|
14B
|
24
|
48
|
74
|
|
18
|
29
|
59
|
-
|
14C
|
25
|
49
|
-
|
|
19
|
44
|
60
|
-
|
14D
|
26
|
50
|
75
|
|
20
|
-
|
61
|
38
|
15
|
-
|
51
|
76
|
|
21
|
45
|
62
|
-
|
16
|
28
|
52
|
77
|
|
22
|
14
|
63
|
-
|
17
|
29
|
53
|
-
|
|
23
|
14A
|
64
|
-
|
18
|
30
|
54
|
-
|
|
24
|
14B
|
65
|
-
|
19
|
31
|
55
|
78
|
|
25
|
14C
|
66
|
-
|
20
|
32
|
56
|
81
|
|
26
|
14D
|
67
|
38B
|
21
|
33
|
57
|
82
|
|
27
|
-
|
68
|
-
|
22
|
34
|
|
|
|
28
|
16
|
69
|
-
|
23
|
35
|
|
|
|
29
|
17
|
70
|
-
|
24
|
36
|
|
|
|
30
|
18
|
71
|
-
|
25
|
37
|
|
|
|
31
|
19
|
72
|
40
|
25A
|
-
|
|
|
|
32
|
20
|
73
|
43
|
25B
|
-
|
|
|
|
33
|
21
|
74
|
48
|
25C
|
-
|
|
|
|
34
|
22
|
75
|
50
|
26
|
15
|
|
|
|
35
|
23
|
76
|
51
|
27
|
16
|
|
|
|
36
|
24
|
77
|
52
|
28
|
17
|
|
|
|
37
|
25
|
78
|
55
|
29
|
18
|
|
|
|
38
|
30
|
79
|
-
|
30
|
38
|
|
|
|
39
|
32
|
80
|
-
|
31
|
39
|
|
|
|
40
|
32
|
81
|
56
|
32
|
40
|
|
|
|
41
|
33
|
82
|
57
|
33
|
41
|
|
|
|
65b90586ab84c7eca86e8292 | acts |
State of Sikkim - Act
-----------------------
Sikkim Vaccination Act, 1967
------------------------------
SIKKIM
India
Sikkim Vaccination Act, 1967
==============================
Rule SIKKIM-VACCINATION-ACT-1967 of 1967
------------------------------------------
* Published on 25 September 1967
* Commenced on 25 September 1967
Sikkim Vaccination Act, 1967
Last Updated 20th February, 2020
[Dated 25.09.1967]
### 1. Short title, extent and application.
(1) This Act may be called the Sikkim Vaccination Act, 1967 and shall apply to the whole of Sikkim.
(2) It shall come into force at once.
### 2. Definitions.
- In this Act unless there is Anything repugnant in the subject or context.
### 1. "Parent" means the father of a legitimate child and mother of an illegitimate ###
2. "Guardian" includes any person who has accepted or assumed the care of custody of any child.
### 3. "Unprotected Person" means an individual above the age of 6 months who has not been duly protected against small-pox by having had the disease either naturally or by having been successfully vaccinated/re-vaccinated once in 2 years or who has not been certified under this Regulation to be insusceptible to vaccination.
### 4. "Vaccinator" means any vaccinator authorized by the Government of Sikkim to perform the operation of vaccination.
### 5. "Competent authority" means any person or authority declared to be a competent authority for any or all of the purposes of this Regulation.
### 3. Liability to Vaccination. (a) The parent or guardian of any unprotected child immediately after such child attains the age of 6 months, shall have such child vaccinated by a vaccinator.
(b) Any person above the age of 6 months shall have vaccination/re-vaccination every alternate year
(c) The Government of Sikkim may also, by public notification, declare that any person upon his entry into Sikkim, must satisfy a competent authority that be has been successfully vaccinated, failing which such person will be required to be vaccinated by a vaccinator, at any place and within such period, as may be specified in the notification:
Provided that any person who may satisfy a competent authority that be objects to being vaccinated on grounds of religion, or conscience may be exempted from the provisions of this Section by a competent authority
### 4. Measure to ensure vaccination. (a) Regular mass vaccination by vaccinators' village to village visits will be carried out in such a way that half of the population will be covered in one year and the remaining half in the following year. Thus the entire unprotected population will receive vaccination once in every 2 years the copy of mass vaccination programme will be endorsed well in time, amongst others to the Panchayat Officers and the Secretary Panchayat concerned Besides regular mass vaccination ,facilities for vaccination will be made available in the nearest hospital or dispensary for the- benefit of those who per chance miss vaccination during vaccinators visit to his village.
(b) A competent authority shall ascertain whether all persons required to be vaccinated under Section 3 have been vaccinated and if he has reason to believe that such person parent or guardian, as the case may be, has omitted to do or nor complied with the provisions of Section 3, he shall forthwith give vaccination to such person, parent, or guardian or caused to be affixed to his house a notice requiring that the vaccination be done at a time and place to be specified in such notice.
### 5. Report to District Officer. - If such notice is not complied with, the competent authority shall report the matter to the District Officer and the District Officer receiving such report shall summon the defaulter and demand his explanation, and shall, if such explanation is satisfactory, made an order in writing directing such person to comply with the notice before a date specified in the order.
### 6. Procedure when order not obeyed.
- If on such date the order has not been obeyed, the Magistrate shall summon the defaulter before him, and unless cause or excuse is shown, shall deal with the disobedience as an offence punishable under Section 7.
### 7. Punishment.
- Whoever violates the provisions of this Regulation or neglect without just cause to obey an order made under this Regulation or the rules made thereunder, shall be liable to be punished with fine which may extend to fifty rupees.
### 8. Power to make Rules.
- The Government of Sikkim may make rules, consistent with this Act, for its proper enforcement.
|
65ba5255ab84c7eca86eaf2a | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Panchayats (Interpellation of Chairman of Panchayat Union Council by Its Members) Rules, 1999
----------------------------------------------------------------------------------------------------------
TAMILNADU
India
Tamil Nadu Panchayats (Interpellation of Chairman of Panchayat Union Council by Its Members) Rules, 1999
==========================================================================================================
Rule TAMIL-NADU-PANCHAYATS-INTERPELLATION-OF-CHAIRMAN-OF-PANCHAYAT-UNION-COUNCIL-BY-ITS-MEMBERS-RULES-1999 of 1999
--------------------------------------------------------------------------------------------------------------------
* Published on 30 March 1999
* Commenced on 30 March 1999
Tamil Nadu Panchayats (Interpellation of Chairman of Panchayat Union Council by Its Members) Rules, 1999
Published vide Notification No. G.O. Ms. No. 60, Rural Development (C4), dated the 30th March 1999 - No. SRO A/25(a-l)/99
Published in Part II - Section 1(a) , of the Tamil Nadu Government Gazette Extraordinary, dated 31st March 1999.
G.O. Ms. No. 60. - In exercise of the powers conferred by clause (v) of sub-section (2) of section 242 of the Tamil Nadu Panchayats Act, 1994 (Tamil Nadu Act 21 of1994), and in supersession of the Interpellation of Chairman by the Members of Panchayat Union Councils Rules, 1960, the Governor of Tamil Nadu hereby makes the following rules: -
### 1. Short title.
- These rules may be called the Tamil Nadu Panchayats (Interpellation of Chairman of Panchayat Union Council by the Members) Rules, 1999.
### 2. Restriction on question.
- No question shall be asked or answered at a meeting of a panchayat union council as to any matter not connected with the administration of the panchayat union and no question shall be asked except as to matters of fact and the answer shall be confined to a statement of facts. Except as thus provided, any question may be asked by any member of a panchayat union council, subject to the conditions and restrictions specified in these rules.
### 3. Intimation about questions.
- A member of a panchayat union council who wishes to ask a question shall intimate his intention in writing to the chairman by giving previous notice of not less than ten days and such notice shall contain a copy of the question he wishes to ask.
### 4. Admissible questions.
- In order that a question may be admissible, it shall satisfy the following conditions, namely: -
(i) it shall be related to the administration of the panchayat union and it shall be based on facts;
(ii) it shall not relate to any name or statement not strictly necessary to make the question intelligible;
(iii) if a question contains a statement, the member asking it shall make himself responsible for the accuracy of the statement;
(iv) it shall not contain arguments, inferences, ironical expressions or defamatory statements;
(v) it shall not ask for an expression of opinion or the solution of an abstract legal question of a hypothetical proposition;
(vi) it shall not be asked as to the character or conduct of any person except in his official or public capacity;
(vii) it shall not be of excessive in length; and
(viii) a question once fully answered may not be asked again.
### 5. Decision as to admissibility of questions.
- The Chairman shall decide on the admissibility of a question and, either allow or disallow it, before the date fixed for the next meeting for which it maybe in time under rule 3. He may disallow any question, if in his opinion, it is an abuse of the right of questioning or where, in his opinion, it cannot be answered consistently in the public interest, and shall disallow any question which, in his opinion, contravenes any of these rules, and in such case, the question shall not be entered in the proceedings of the panchayat union council.
### 6. Entry of questions into the agenda.
- Questions allowed by the chairman shall be entered in the agenda and the chairman shall answer every question so entered, if not previously withdrawn by the member putting it, in the order in which it stands in the paper, before any business is entered upon at the meeting. The answer shall be confined to a statement of facts only:
Provided that the chairman may, at his discretion, on the ground of public interest, answer a question on the agenda, even though the question may have been withdrawn.
### 7. Supplementary questions.
- Any member may put a supplementary question for the purpose of further elucidating any matter of fact regarding which an answer has been given:
Provided that the chairman shall disallow any supplementary question if, in his opinion, it infringes the rules as to the subject matter of questions and does not conform to the conditions specified under rule 4:
Provided further that he may decline to answer a supplementary question without notice, in which case it may be put only in the form of a fresh question at a subsequent meeting of the panchayat union council.
### 8. Bar on discussion of answered questions.
- No discussion shall be permitted in respect of any question or of any answer given to a question, asked under these rules.
### 9. Minutes.
- The question asked and the answer given to it shall be entered in the minutes of the panchayat union council.
|
65b9bb87ab84c7eca86e9cb8 | acts |
State of Rajasthan - Act
--------------------------
Rajasthan Prisons (Shortening of Sentences) Rules, 1958
---------------------------------------------------------
RAJASTHAN
India
Rajasthan Prisons (Shortening of Sentences) Rules, 1958
=========================================================
Rule RAJASTHAN-PRISONS-SHORTENING-OF-SENTENCES-RULES-1958 of 1958
-------------------------------------------------------------------
* Published on 17 December 1958
* Commenced on 17 December 1958
Rajasthan Prisons (Shortening of Sentences) Rules, 1958
Published vide Notification No. D 4375(2) F. 18/215/Home (B) 57, dated 17-12-1958, Published in R.G. Gazette Part 4-C, dated 15-1-1959
In exercise of the powers conferred by clause (5) of section 59 of the Prisons Act, 1894 (IX of 1894) as in force in the Ajmer and Abu areas and in the Pre-reorganisation State of Rajasthan excluding the subdivision of Sirohi by virtue of the Rajasthan Adoption of Central Laws Ordinance, 1950 and in the Sunel area by virtue of the United State of Gwalior, Indore and Malwa (Madhya Bharat) Indian Prisons, Adoption Act, Sambat 2006, the State Government, hereby makes the following rules namely:-
### 1. Title and commencement.
(1) These rules may be called the Rajasthan Prisons (Shortening of Sentences) Rules, 1958.
(2) They shall come into force with effect from the date of their publication in the Rajasthan Gazette.
### 2. Definition.
- In these rules-
(1) "Government" means the Government of the State of Rajasthan:
(2) "habitual criminal" means a prisoner liable to be classified as such under the Rules for the time being in force made under the Prisons Act, 1894 (IX of 1894).
### 3. Constitution of Advisory Board.
(1) Advisory Board shall be constituted for every Central Jail and District Jail to investigate and recommend to the Government on sentences of certain classes of prisoners with a view to release a number of such reformed prisoners as have served a sufficiently deterrent period of their sentences.
(2) [ For Advisory Board, Central Jail, Jaipur:]
[Substituted by Notification dated 15-10-1990, Published in R.G. Gazette, Part IV-C, dated 28-5-1992, p. 217]
| | |
| --- | --- |
|
(i) Divisional Commissioner, Jaipur.
|
Chairman
|
|
(ii) Next seniormost Judicial Officer to the District and
Sessions Judge within whose jurisdiction the Central Jail is
situated.
|
Member
|
|
(iii) Two non-official persons preferably legal member of the
State Legislature or Parliament nominated by the Government.
|
Member
|
|
(iv) Superintendent of the Central Jail, Jaipur
|
Member- Secretary.
|
(3) For Advisory Boards at all other Central Jails and District Jails 'A' 'B' Class:
| | |
| --- | --- |
|
(i) District Magistrate of the H. Quarter.
|
Chairman
|
|
(ii) Next Seniormost Judicial Officer to the District and
Sessions Judge within whose jurisdiction the concerned Central or
District Jail is situated.
|
Member
|
|
(iii) Two non-official person preferably local members of the
State Legislature or Parliament nominated by the Government.
|
Member
|
|
(iv) The Supdt. or the Dy. Supdt. incharge of the concerned
Central or Distt. Jail
|
Member-Secretary.
|
(4) [x x x]
[Deleted by Notification dated 15-10-1990, Published in R.G.Gazette, Part IV-C, dated 28-5-1992, p.217.]
.
### 4. Terms of office of non-official members of the Advisory Board.
- A non-official member of an Advisory Board shall be appointed for a period of one year but the Government may further extend the period by one year or less.
### 5. Meetings of Advisory Board.
- The meetings of an Advisory Board shall be convened by the Chairman at least twice a year in the Central Jail or the District Jail concerned as the case may be, on dates appointed for the purpose, normally in the months of January and July every year.
### 6. Quorum.
- The Chairman should be present at all the meetings of Advisory Board and the qubrum for a meeting shall be 50% of the total number of members constituting the Advisory Board.
### 7. Scrutiny by the Advisory Board.
- The Advisory Board before recommending shortening of sentences or premature release of prisoners shall examine the following matters in full and accurate details:-
(a) Circumstances in which offence was committed and the punishment awarded by the court:
(b) Details of the prisoners previous history and character in the district where the prisoner was resident;
(c) Prisoners conduct in the Prison and the result of imprisonment already undergone by him:
(d) Opinion of the District Magistrate and the Superintendent of Police of the districts in which the prisoner was convicted and was resident with special reference to the following points:-
(i) the reaction in the locality, if the prisoner is released prematurely.
(ii) the feelings of the relations of the victim or victims of the offence who suffered at the hands of the accused in case of premature release:
(iii) whether the life of the accused itself will be safe, if he is to be released prematurely:
(iv) any other information material to the case of the prisoner; and
(v) whether the prisoner can be released with safety to the community.
### 8. Prisoners eligibility for consideration by the Advisory Board.
- The Advisory Board shall be entitled to consider cases of the following types of prisoners only:-
(i) A prisoner other than habitual criminal undergoing a substantive sentence of three years or over who has completed two years of imprisonment or half of his sentence whichever is greater, including remission;
(ii) A prisoner being a habitual criminal who has served 2½ years of his substantive sentence, including the period of remission, or has served two thirds of sentence including the period of remission, whichever is greater.
(iii) [ (a) a prisoner sentenced to transportation for life or to more than 14 years of imprisonment, except one specified in sub-rule (b) below, who has served 2/3rd of his sentence or 13 years 8 months of imprisonment, including remission, whichever is less, a sentence for transportation for life will be construed to be one of imprisonment for 20 years for this purpose. The period of imprisonment shall include sentence in default of payment of fine, if the same has not been paid. The remission actually earned by a prisoner shall be taken into account by the Advisory Board and not a special remission granted in celebration of public function for example. Independence Day, Republic Day etc.
[Substituted by Notification dated 15-10-1990, Published in R.G.Gazette, Part IV-C, dated 28-5-1992, p.217.]
(iii) (b)
A prisoner who has been sentenced to imprisonment for life after 18-12-1978 for an offence for which death penalty is one of the punishments provided by law or who has been sentenced to death but this sentence has been commuted under S.443 of Cr.P.C. into one of life imprisonment after 18-12-78, if he has served 14 years of imprisonment excluding remission but including the period of detention passed during enquiry, investigation or trial.]
(iv) Prisoners awarded long term sentences by Court-Martial and have served two-thirds of their sentences including the period of remissions.
(v) Prisoners suffering from infectious diseases, such as Leprosy, tuberculosis: provided their disease is likely to be dangerous to other prisoners and conditions prescribed in rule 7 are fulfilled:
(vi) [ Prisoners who have attained the age over 65 years in case of male prisoners and over 55 years in case of women prisoners, in whose case no public interest is likely to be served by keeping them in prison, provided they are serving sentences for their first and only conviction and are not covered under clauses iii(a) and iii(b) above.]
[Substituted by Notification Published in R.G.Gazette, Part IV-C, Extraordinary dated 9-3-1993.]
[Explanation: - For the purpose of this rule, remission shall mean only that part of the remission which is actually earned by a prisoner in accordance with the provisions of the Jail Manual but shall not include any special remission that may be awarded to prisoners in general in connection with some celebrations like Independence Day, Republic Day, Centenary Celebrations of National Leaders, visit of some dignitary to the Jail, etc.]
[Added vide Notification Published in R.G.Gazette Part IV-C, dated 22-7-1971.]
### 9. Prisoners not eligible for consideration by the Advisory Board.
- The Advisory Board shall not consider the cases of following types of prisoners:-
(i) Prisoners convicted of [Dowry death (304-B IPC)]
[Inserted by Notification Published in R.G.Gazette, Part IV-C, dated 11-9-1997, p. 14.]
, rape, forgery, dacoity or any offence against the State involving violence. For this purpose an offence punishable under secs. 466 to 469 and section 471 to 474 of the Indian Penal Code shall be deemed to be a variation of the offence of forgery and an offence punishable under section 396 to 402 of the Indian Penal Code shall be deemed to be a variation of the offence of dacoity and prisoners convicted of these offences as also those convicted of offences punishable under section 366, 366A..366B, 372, 373, 489A, 489B, 489C and 489D of Indian Penal Code shall also be excluded from reference to Advisory Board.
(ii) Prisoners who are habitual criminals and are homeless or having three or more convictions all of which are of such a nature as to justify their classification as "habitual criminals".
(iii) Prisoners who are habitual criminal of the Goonda class.
(iv) Prisoners detained under Preventive Detention Act, 1950.
(v) [ Prisoners convicted under TADA Act (Terrorist and Disruptive Activities (Prevention) Act]
[Inserted by Notification Published in R.G.Gazette, Part IV-C, dated 11-9-1997, p. 14.]
.
(vi) Prisoners convicted under Narcotic Drugs and Psychotorpic Act.)
### 10. Procedure.
- In order that all necessary information might be placed before the Advisory Board the following procedure shall be adopted:-
(i) The Secretary of the Advisory Board shall collect full particulars regarding each prisoner eligible for consideration by the Board before the date appointed for the meeting of the Board and shall place full and accurate details regarding the prisoners previous history and character, Judgment of the convicting court depicting circumstances in which the offence or offences were committed and sentences were awarded, bis prison record together with the report of the District Magistrate and the District Superintendent of Police of the district containing information whether the prisoner is considered fit for premature release etc. before the Board. Any other information required by the Advisory Board shall also be made available from the record of the prison.
(ii) The Advisory Board shall carefully scrutinize and consider the judgment of the court, reports of the police and Magistracy on the conduct and character of the prisoner recommended for release, any conditions suggested for release and the prisoners conduct and behaviour in the prison before coming to a decision in each case whether a prisoner is entitled for release without any danger to himself and the community at large. The prisoner whose conduct has been exemplary in the prison should only deserve the consideration of the Advisory Board.
(iii) Report about physical and mental conditions of prisoner fit for release will be obtained by the Secretary of the Advisory Board from the Medical Officer in-charge of the prison concerned and the same be placed before the Board for consideration for final recommendation is made to the Government.
(iv) The Advisory Board shall then submit its recommendations with full history of each case along with relevant papers in the Form 1 given in the Appendix to these rules, to the Government.
(v) In the case of a prisoner convicted by Court-Martial the prisoners antecedents need not ordinarily be inquired into and it will be sufficient to enquire about his behaviour in prison.
### 11. Conditions for release.
- The Advisory Board may recommend release of a prisoner conditionally or unconditionally whenever a prisoner is to be released prematurely. Stringent conditions should be imposed on a prisoner recommended to be released conditionally and he should be made to enter into a bond in the Form 2 given in the Appendix to these rules.
### 12. Consideration by Government.
- On receipt of the proceedings of the Advisory Board, and other relevant papers, the Government shall order release of prisoner in cases for which, having regard to all the circumstances of the case, it considers that the prisoner may be released without any danger to the society. In case of a prisoner sentenced by Court-Martial the Government shall forward its recommendations to the Government of India for necessary orders.
### 13. Supersession and savings.
- The Rajasthan Advisory Board Rules, 1950 are hereby superseded but all orders passed and all other action taken under those rules shall, so far as they are consistent with these rules, be deemed to have been passed or taken under these rules.
Appendix
Form 1
[Rule 10(iv) ]
Recommendations of Advisory Board............as on......
(Place) (date)
{|
|-
| Convict Register No.
| Name, parentage with husband's name, if female
| Age on admission
| Previous occupation
| Residence
|-
| Village
| Police Station
| District
| Division
|-
| 1
| 2
| 3
| 4
| 5
| 6
| 7
| 8
|-
|
|
|
|
|
|
|
|
|}
| | | | | |
| --- | --- | --- | --- | --- |
|
Offence with sections
|
Name of sentencing courts
|
Date of sentence
|
Sentences (in years and months)
|
Sentence served already in years and months
|
|
9
|
10
|
11
|
12
|
13
|
|
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Remission already earned
|
Total of columns 13 and 14
|
Date of expiry of sentence
|
Previous convictions with dates, offences and
place of each
|
|
14
|
15
|
16
|
17
|
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Mental and Physical condition reported by
Medical Officer (Jails) |
Special service rendered, if any, such as
detection of escape, impending mutiny, etc.
|
Character and conduct in Jail with Supdt's
opinion reg. Release
|
Remarks
|
|
18
|
19
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20
|
21
|
|
|
|
|
|
Checked with warrants and records of remission and certified as correct.
| | | |
| --- | --- | --- |
|
Full Signature of Jailor
|
Signature of Medical Officer
|
Full Signature of Superintendent
Central/District.......Jail
|
|
Date......................
|
Date.........................
|
Date......................
|
|
No. .........
|
|
Dated
|
Forwarded to the District Magistrate/Superintendent of Police for report on the following points as provided in Rule 7 of the Rajasthan Prisons (Shortening of Sentences) Rules, 1958:-
(i) The reaction in the locality if the prisoner is released prematurely:
(ii) The feelings of the relations of the victim or victims of the offence who suffered at the hands of the accused in the case of premature release:
(iii) Whether the life of the accused itself will be safe if he is to be released prematurely:
(iv) Any other information material to the case of the prisoner;
(v) Whether the prisoner can be released with safety to the community and whether, they are of opinion that the prisoner may be released conditionally or unconditionally. If conditional release is recommended conditions to be imposed may also be indicated.
Secretary of the Advisory Board
| |
| --- |
|
(Superintendent of| CentralDistrict| Jail
|
| |
| --- |
|
Report of| District MagistrateSupdt. of Police| Jail
|
Signature of District Magistrate
Signature of Supdt. of Police\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Recommendations of the Advisory Board
No.................
Date.................
The Advisory Board considered the case this convict in its meeting held on...........(date) in..........(name) prison and after careful scrutiny of the relevant record and the opinion of the Superintendent, Jail, Medical Officer of Prison, District Magistrate and the Superintendent of Police of........(name) district and taking into account all the factors given in rules 7 and 8 of the Rajasthan Prisons (Shortening of Sentences) Rules, 1958 does hereby make the following recommendations for the premature release of the convict.................(name and convict No.)
| | |
| --- | --- |
|
1. Circumstances in which offence was committed and sentences
were awarded
|
.............................
|
|
2. Prisoner’s previous history and character in the
district where he was resident
|
.............................
|
|
3. Prisoner’s conduct in the prison and result of
sentence already undergone
|
.............................
|
|
4. Prisoner’s mental and Physical condition in the
prison
|
.............................
|
|
5. Sentence undergone in years and months
|
.............................
|
|
6. Remission earned
|
.............................
|
|
7. Total of 5 and 6
|
.............................
|
|
8. Age of Prisoner on the date of report
|
.............................
|
|
9. Whether Board agrees with the opinion of DM/SP and Supdt.
Central or Dist. Jail
|
.............................
|
|
10. Whether conditional/unconditional release recommended and
in the former cases conditions to be indicated
|
.............................
|
|
11. Final remarks
|
.............................
|
Place.....................
Date......................
Signature of the Advisory Board
...................Chairman
.....................Member
.....................Member
.....................Member
....................Secretary
Form 2
(Rule 11)
Bond
Whereas I (name) ...................son of.............inhabitant of (place)............ was sentenced to...............imprisonment for a period of..........from .............and...........have been ordered to be released by the State Government before the date of expiry of my normal/period of imprisonment on condition of my entering into a bond to observe the conditions specified hereinafter, I hereby bind myself to the Governor of the State of Rajasthan for the unexpired period of my sentence as follows:-
(1) That I will present myself, within fourteen days from the date of my release, before the Superintendent of Police of the district to which I belong or before the Police Circle Officer who has jurisdiction over my place of residence and will produce copies of the order and the bond executed by me;
(2) That I will submit myself to the supervision of the said Police officer;
(3) That I will keep the said Police officer advised of my place of residence and means of livelihood;
(4) That I will not quit the said district of without the written permission of the said Police officer;
(5) That I will not associate with bad characters or lead a dissolute life:
(6) That I will live honestly and peaceably and will endeavour to earn an honest livelihood;
(7) That I will not commit any offence punishable by any law in force in the Indian Union;
(8) That I will carry out such lawful directions as may from time to time be given by the said Police officer for the due observance of the conditions mentioned above;
(9) That in the case of breach of any of the above conditions on my part, I hereby bind myself to forfeit to the Government of ........the sum of rupees............and to render myself liable to be re-arrested to undergo the unexpired portion of my sentence of imprisonment on date of release.
In witness whereof I have appended hereunto my signature/thumb impression this the.......day of..............
Witnesses............
(1) (2)
Signature/Thumb Impression
|
65b9ca0aab84c7eca86e9f9a | acts |
State of Madhya Pradesh - Act
-------------------------------
The M.P. State Prevention and Control of Water Pollution Board and its Committee (Meetings) Rules, 1975
---------------------------------------------------------------------------------------------------------
MADHYA PRADESH
India
The M.P. State Prevention and Control of Water Pollution Board and its Committee (Meetings) Rules, 1975
=========================================================================================================
Rule THE-M-P-STATE-PREVENTION-AND-CONTROL-OF-WATER-POLLUTION-BOARD-AND-ITS-COMMITTEE-MEETINGS-RULES-1975 of 1975
------------------------------------------------------------------------------------------------------------------
* Published on 11 July 1975
* Commenced on 11 July 1975
The M.P. State Prevention and Control of Water Pollution Board and its Committee (Meetings) Rules, 1975
Published vide Notification No. 1799-921-33-75, dated 11-7-1975, Rajpatra Part 4(Ga) , dated 29-8-1975 at pp. 523-525
In exercise of the powers conferred by sub-section (1) and clause (b) of sub-section (2) of Section 64 of the Water (Prevention and Control of Pollution) Act, 1974 (No. 6 of 1974), the State Government, after consulting the Madhya Pradesh State Prevention and Control of Water Pollution Board, hereby makes the following Rules, namely :-
### 1. Short title.
- These rules may be called the Madhya Pradesh State Prevention and Control of Water Pollution Board and its Committee (Meetings) Rules, 1975.
### 2. Definitions.
- In these rules, unless the context otherwise requires :-
(a) "Act" means the Water (Prevention and Control of Pollution) Act, 1974 (No. 6 of 1974);
(b) "Board" means the Madhya Pradesh State Prevention and Control of Water Pollution Board constituted under subsection (1) of Section 4 of the Act;
(c) "Chairman" means the Chairman of the Board;
(d) "Member-Secretary" means the Member-Secretary of the Board;
(e) "Member" means the member of the Board;
### 3. Convening of Meetings of the Board.
(1) A meeting of the Board shall be either ordinary or special.
(2) The date of every meeting shall be fixed by the Chairman.
(3) Notice of every meeting specifying the time and place thereof and the business to be transacted thereat shall be sent to every member under certificate of posting and exhibited at the office of the Board seven clear days before an ordinary meeting and three clear days before a special meeting.
(4) No business other than that specified in the notice relating thereto shall be transacted at a meeting.
### 4. Power of Chairman to call Special Meeting.
- The Chairman may, whenever he thinks fit, call a special meeting for the transaction of the business of urgent nature.
### 5. Place of Meeting.
- Every meeting of the Board shall ordinarily be held in premises used as office by the Board but the Chairman may, if he thinks fit. hold a meeting at any place in Madhya Pradesh.
### 6. Chairman of Meeting.
- At every meeting of the Board, the Chairman if present or in his absence, such one of their members, as the members may elect, shall preside.
### 7. Quorum.
(1) No business shall be transacted at a meeting of the Board unless a quorum of six members be present throughout the meeting.
(2) If there be no quorum present at a meeting at any time, the presiding authority shall adjourn the meeting to such hour on the following or such other further day as he may reasonably fix. A notice of such adjournment shall be fixed up at the place of the meeting adjourned, and the business which would have been brought before the original meeting had there been a quorum thereat shall be brought before the adjourned meeting and may be disposed of at such meeting or at any subsequent adjourned meeting, whether there be a quorum present or not.
(3) A notice of adjournment exhibited at the place of the meeting adjourned on the day on which the meeting is adjourned shall be sufficient notice of the subsequent meeting.
### 8. Minutes of Proceedings.
- Minutes, of the proceedings at each meeting of the Board shall be recorded in a book to be kept for the purpose and shall be confirmed in the next ensuing meeting. A copy of minutes of the proceedings shall also be circulated to all the members as far as possible before the next meeting.
### 9. Decision of Questions by majority of votes.
- All questions brought before any meeting of the Board shall be decided by a majority of the votes of the members present and in the case of equality of votes the presiding authority at the meeting shall have a second or a casting vole.
### 10. Application of Rules to Meeting of Committee.
- Rules 3 to 7 shall apply mutatis mutandis to the meeting of the committees constituted under Section 9 of the Act subject to the modification that the fixation of place of meeting shall be subject to the approval of the Chairman.
|
65ba7bb6ab84c7eca86eb990 | acts |
Union of India - Act
----------------------
The Colonial Prisoners Removal (Repeal) Act, 2001
---------------------------------------------------
UNION OF INDIA
India
The Colonial Prisoners Removal (Repeal) Act, 2001
===================================================
Act 12 of 2001
----------------
* Published on 9 May 2001
* Commenced on 9 May 2001
The Colonial Prisoners Removal (Repeal) Act, 2001
ACT NO. 12 OF 2001
### 1176. [9th May, 2001]
An Act to repeal the Colonial Prisoners Removal Act, 1884.
BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:-
### 1. Short title.
-This Act may be called the Colonial Prisoners Removal (Repeal) Act, 2001.
### 31. 2. Repeal of Acts 47 and 48 Vict., C. 31.
-The Colonial Prisoners Removal Act, 1884 is hereby repealed.
|
65ba8024ab84c7eca86ebc10 | acts |
Union of India - Act
----------------------
The Debts Recovery Tribunals (Refund of Court Fee) Rules, 2013
----------------------------------------------------------------
UNION OF INDIA
India
The Debts Recovery Tribunals (Refund of Court Fee) Rules, 2013
================================================================
Rule THE-DEBTS-RECOVERY-TRIBUNALS-REFUND-OF-COURT-FEE-RULES-2013 of 2013
--------------------------------------------------------------------------
* Published on 15 May 2013
* Commenced on 15 May 2013
The Debts Recovery Tribunals (Refund of Court Fee) Rules, 2013
Published vide Notification New Delhi, the 15th May, 2013
G.S.R. 311 (E) . - In exercise of the powers conferred by clause (cc) of sub-section (2) of Section 36 read with subsection (3A) of section 19 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (
51 of 1993
), the Central Government hereby makes the following rules regulating the refund of court fee in the Debts Recovery Tribunals (hereinafter called the Tribunal) namely:-
### 1. Short title and commencement.
(1) These rules may be called the Debts Recovery Tribunals (Refund of Court Fee) Rules, 2013.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Applicability.
- These rules shall be applicable in all cases filed before the Tribunal which are settled prior to the commencement of the hearing before that Tribunal or at any stage of the proceedings before the final order is passed by the Presiding Officer.
Provided that no refund shall be allowed when the recovery proceedings are pending with the Recovery Officer.
### 3. Definitions.
- In these rules, unless the context otherwise requires, -
(a) "Act" means the Recovery of Debts due to Banks and Financial Institutions Act, 1993;
(b) "Presiding Officer" means the Presiding Officer of the Debts Recovery Tribunal appointed under subsection (1) of section 4 of the Act;
(c) "Tribunal" means the Debts Recovery Tribunal established under sub-section (1) of section 3 of the Act;
(d) The words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.
### 4. Amount of refund.
- The Presiding Officer of the Tribunal before which any case is filed for settlement of the dues of the Banks and Financial Institutions may order refund of fee remitted at the time of filing the case at the following rates:
(a) 50 percent of the fee remitted in the cases which are settled prior to the commencement of the hearing before the Tribunal;
(b) 25 percent of the fee remitted in the cases which are settled at any stage of the proceedings before the final order by the Presiding Officer is passed.
### 5. Procedure for refund.
(1) The applicant(s) and the defendant(s) shall file a joint application before the Registrar of the Tribunal for refund of court fee indicating the details of the settlement.
(2) On receipt of such application, the Registrar shall certify the amount of court fee remitted in the case and the amount to be refunded and place the application before the Presiding Officer.
(3) The Presiding Officer shall pass orders for refund of the court fee indicating the amount of refund in the order.
(4) The Registrar shall accordingly take further action for issue of financial sanction and presentation of bill in Pay and Accounts Office and refund of the due amount to the applicant.
|
65b9ce0eab84c7eca86ea06d | acts |
State of Madhya Pradesh - Act
-------------------------------
The M.P. (Lok Abhikaranon Ke Madhyam Se) Dindayal Antyoday Karyakram Ka Karyanvayan Adhiniyam, 1991
-----------------------------------------------------------------------------------------------------
MADHYA PRADESH
India
The M.P. (Lok Abhikaranon Ke Madhyam Se) Dindayal Antyoday Karyakram Ka Karyanvayan Adhiniyam, 1991
=====================================================================================================
Act 14 of 1991
----------------
* Published on 8 August 1991
* Commenced on 8 August 1991
The M.P. (Lok Abhikaranon Ke Madhyam Se) Dindayal Antyoday Karyakram Ka Karyanvayan Adhiniyam, 1991
M.P. Act
No. 14 of 1991
Received the assent of the Governor on 7-8-1991; assent first published in the "Madhya Pradesh Gazette (Extraordinary) ", dated 8-8-1991.
An Act to provide for implementation of Dindayal Antyoday Karyakram through public agencies and matters ancillary thereto.
Be it enacted by the Madhya Pradesh Legislature in the Forty-second Year of the Republic of India as follows :-
### 1. Short title and commencement.
(1) This Act may be called the Madhya Pradesh (Lok Abhikaranon Ke Madhyam Se) Dindayal Antyoday Karyakram Ka Karyanvayan Adhiniyam, 1991.
(2) It shall come into force on such [date]
[w.e.f. 2-9-1991.]
as the State Government may by notification, appoint.
### 2. Definitions.
(1) In this Act, unless the context otherwise requires,-
(a) "Dindayal Antyoday Karyakram" means the Karyakram specified in the Schedule;
(b) "State Level Committee" means a Committee constituted under Section 3;
(c) "District Level Committee" means a Committee constituted under Section 3;
(cc) [ "Town Level Committee" means a Committee constituted under Section 3;]
[Inserted by M.P. Act No. 6 of 1992 (w.e.f. 29-2-1992).]
(d) "Block Level Committee" means a Committee constituted under Section 3;
(e) "Gram Panchayat Level Committee" means a Committee constituted under Section 3.
(2) The words and expressions used but not defined in this Act and defined in the Madhya Pradesh Panchayat Raj Adhiniyam, 1990 (No. 13 of 1990) shall have the meaning assigned to them in that Act.
### 3. Constitution of Committees at various levels for implementation of Dindayal Antyoday Karyakram.
- With a view to implementing the Madhya Pradesh Dindayal Antyoday Karyakram through public agencies :-
(a) the State Government may by an order constitute,-
(i) a State Level Committee for the whole State;
(ii) District Level Committee for every revenue district in the State,
consisting of such number of persons and for such period as may be specified in such order.
(b) the State Government or such officer as may be authorised by the State Government in this behalf may, by order, constitute,-
(i) [ a Town Level Committee for every Municipal Corporation, Municipality and Special Area Development Authority in the State;]
[Sub-clauses (i) and (ii) be renumbered as (ii) and (iii) and new clause (i) Inserted by M.P, Act No 6 of 1992 (w.e.f. 29-2-1992).]
(ii) a Block Level Committee for every development block in the State; and
(iii) Gram Panchayat Level Committee for every Gram Panchayat in the State;
consisting of such number of persons and for such period as may be specified in such order :
Provided that the State Government may, at any time, by general or special order reduce the period of any Committee or reduce the term of the member thereof.
### 4. Power to entrust implementation of various schemes of Dindayal Antyoday Karyakram to the State Level Committee, [District Level Committee, Town Level Committee]
[Substituted by M.P. Act No. 6 of 1992 (w.e.f. 29-2-1992).]
, Block Level Committee and Gram Panchayat Level Committee.
- The State Government may, by order, entrust to a State Level Committee, [District Level Committee, Town Level Committee]
[Substituted by M.P. Act No. 6 of 1992 (w.e.f. 29-2-1992).]
, Block Level Committee or a Gram Panchayat Level Committee all or any of the schemes of the Dindayal Antyoday Karyakram as may be specified in such order for the purpose of monitoring and review. For discharging the functions the [District Level Committee, Town Level Committee]
[Substituted by M.P. Act No. 6 of 1992 (w.e.f. 29-2-1992).]
, the Block Level Committee and the Gram Panchayat Level Committee, shall be guided by such directions as the State Government may from time to time, give to it in writing.
### 5. [ Superintendence and guidance of Committees.
[Substituted by M.P. Act No. 6 of 1992 (w.e.f. 29-2-1992).]
- For discharging the functions entrusted under Section 4, the Gram Panchayat Level Committee shall be subject to superintendence and guidance of the Block Level Committee and District Level Committee. The Town Level Committee and the Block Level Committee shall be subject to the superintendence and guidance of District Level Committee and the District Level Committee shall be subject to the superintendence and guidance of the State Level Committee.]
### 6. Officer and Authority to have due regard to the guidance given by the Committees constituted under this Act.
- The officer or authority exercising the power and performing the duties under any Act, shall, in exercise or performance of such powers or duties, give due consideration to the guidance given by the Committees constituted under the Act.
### 7. Power to amend Schedule.
- The State Government may, by notification, amend the Schedule and thereupon the said Schedule shall stand amended accordingly.
### 8. Power to make rules.
(1) The State Government may, by notification, make rules for carrying into effect the provisions of this Act.
(2) All rules made under this section shall be laid on the table of the Legislative Assembly.
Schedule
----------
[See Section 2 (1) (a)]
### 1. Integrated rural development programme. ###
2. Employment oriented programme in rural and urban areas.
### 3. Development of Animal Husbandry programme as a village industry for landless, marginal and small farmers. ###
4. Social forestry and improvement of degraded forests programme to provide employment to Adivasis, Harijans and economically weaker sections.
### 5. Settlement and over all development of forest lands under encroachment as per rules. ###
6. Programmes for development of cottage and village industries.
### 7. Programme to provide cheap housing or residential plots to jhuggi and hutment dwellers and homeless persons in rural areas. ###
8. Programme for pension to destitutes.
### 9. Special Welfare Programmes for Adivasis, Harijans and economically weaker sections. 3
### 10. Programme for the eradication of illiteracy and compulsory and free primary education for the children in the age group of 6 to 14 years.
### 11. Programme for providing safe drinking water in every village.
### 12. Programme for electrification of every village.
### 13. Jeevan Dhara Programme.
### 14. Public Health and Family Welfare Programme.
### 15. Woman and child development programme.
### 16. Programme for the construction of approach roads in the rural areas.
Notifications
[Notification No. F. 8 (1) -90-20-Part-I-XLIII, dated 27-8-1991.]
[Published in M.P. Rajpatra (Asadharan) , dated 28-8-1991 at page 1457.]
- In exercise of the powers conferred by sub-section (2) of Section 1 of the Madhya Pradesh (Lok Abhikaranon Ke Madhyam Se) Dindayal Antyoday Karyakram Ka Karyanvayan Adhiniyam, 1991 (No. 14 of 1991), the State Government hereby appoints the 2nd day of September, 1991 as the date on which the said Act shall come into force.
[Notification No. F. 8 (1) -90-20-Part-XLIII, dated 25-9-1991.]
[Published in M.P. Rajpatra (Asadharan) , dated 25-9-1991 at page 1507.]
- In exercise of the powers conferred by clause (b) of Section 3 of the Madhya Pradesh (Lok Abhikaranon Ke Madhyam Se) Dindayal Antyoday Karyakram Ka Karyanvayan Adhiniyam, 1991 (No. 14 of 1991), the State Government hereby authorises all the Collectors of the Revenue districts to constitute a Block Level Committee for every development block and the Gram Panchayat Level Committee for every Gram Panchayat with their respective jurisdiction.
[Notification No. F. 8 (1) -90-20-Part-XLIII, dated 9-4-1992.]
[Published in M.P. Rajpatra (Asadharan) , dated 7-5-1992 at page 459.]
- In exercise of the powers conferred by clause (b) of Section 3 of the Madhya Pradesh (Lok Abhikaranon Ke Madhyam Se) Dindayal Antyoday Karyakram Ka Karyanvayan Adhiniyam, 1991 (No. 14 of 1991), the State Government hereby authorises all the Collectors of the Revenue Districts to constitute a Town Level Committee for every Municipal Corporation, Municipalities and Special Area Development Authority within their respective jurisdictions.
[Notification No. F. 9 (39) -92-20-Part-XLIII, dated 24-12-1992.]
[Published in M.P. Rajpatra (Asadharan) , dated 24-12-1992 at page 1423.]
- In exercise of the powers conferred by proviso to Section 3 of the Madhya Pradesh (Lok Abhikaranon Ke Madhyam Se) Dindayal Antyoday Karyakram Ka Karyanvayan Adhiniyam, 1991 (No. 14 of 1991), the State Government hereby reduces the period of all District Level Committees, Town Level Committees, Block Level Committees and Gram Panchayat Level Committees constituted under the said section upto 31st December, 1992.
|
65ba06b7ab84c7eca86ea7ff | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh (Telangana Area) Money Lenders Act, 1349F
----------------------------------------------------------
ANDHRA PRADESH
India
Andhra Pradesh (Telangana Area) Money Lenders Act, 1349F
==========================================================
Act 5 of 1349
---------------
* Published on 1 January 1349
* Commenced on 1 January 1349
Andhra Pradesh (Telangana Area) Money Lenders Act, 1349F
(Act
No. 5 of 1349
)
Last Updated 18th January, 2020
Preamble. - Whereas it is expedient to regulate the transactions of money lending and to make better provisions for its control; It is hereby enacted as follows:
### 1. Short title, extent and commencement.
(1) This Act may be called the Andhra Pradesh (Telangana Area) Money Lenders Act, 1349F. and shall into force in the whole of the Telangana area of the State of Andhra Pradesh from the date of its publication in the Official Gazette, and from the said date the Agricultural Debtors Relief and Prevention of Usury Regulation, 1341 F, and the Money Lenders Regulation, 1347 Fasli shall be repealed.
(2) The form prepared, money lender s name registered, licence issued or anything done under the Money Lenders Regulation, 1347 F. till the commencement of this Act, shall be deemed to have been prepared, issued, registered and done under this Act; and this Act shall apply to them in the same manner as if they had been prepared, issued, registered, and done under this Act.
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context
(1) bank means a company carrying on the business of banking and registered under the Companies Act, 1956 (Central Act 1 of 1956).
(2) company means a company registered under the Companies Act, 1956 (Central Act 1 of 1956).
(3) co-operative society means a society registered under the Hyderabad Co operative Credit Societies Act, No. 11 of 1323 F2.
(4) loan means a loan secured or unsecured, advanced on interest in cash or in kind, and shall include every transaction which is in substance a loan, but shall not include the following:
(a) a deposit of money or other property in a Post Office or in a bank or in a company or with a co operative society;
(b) a loan to or by and deposit with, any society or association registered under any law;
(c) a loan advanced by Government or by any local authority authorised by Government;
(d) a loan advanced by a bank, a co operative society or a company;
(e) a sum of money advanced on the basis of a negotiable instrument as defined in the Negotiable Instruments Act, 1881 (Central Act 26 of 1881) other than a promissory note;
(f) a loan advanced to an agricultural labourer by his employer;
(g) a loan advanced by one trader to another trader in the ordinary course of business, in accordance with practice in trade;
(h) a sum of money payable to a trader by a person other than a cultivator or a labourer for articles sold on which interest is charged by reason of non payment on due date;
(6) interest includes the return to be made expressly or impliedly in excess of the actual amount of loan advanced;
(7) Money lender means a person including a pawn broker, who, within the meaning of this Act, only advances loan in the ordinary course of his business or does so along with other business, and shall also include the legal representative of such person and the person claiming to be his representative on the ground of succession or assignment or otherwise;
(8) pawn broker means a person who in the ordinary course of his business advances loan and takes goods in pawn as security for payment of such loan;
(9) trader means a person who in the ordinary course of his business buys and sells goods and property and shall also include the following persons: a wholesale dealer and retailer, a commission agent. a broker, a controller of factory, a contractor, a factory owner, but shall not include a person who sells only his non agricultural produce or cattle or buys agricultural produce or cattle for his own use;
(10) cultivator shall mean a person who is a member of the agricultural class within the meaning of the Prevention of Agricultural Land Alienation Act No. III of 1349 F1 and whose main source of livelihood is agriculture;
(11) labourer shall mean a person who earns his livelihood merely by physical labour and who receives wages in cash or in kind not exceeding one rupee per day or thirty rupees per month.
(12) prescribed shall mean prescribed by rules made under this Act;
(13) stranger means a person who is not a citizen of India within the meaning of the Citizenship Act, 1955 (Central Act 57 of 1955).
### 2A. Non mulki money lenders barred from carrying on business of money lending.
(1) No money lender who is a stranger shall carry on the business of money lending from 18th Khurdad 1355 F.
(2) All licences granted under this Act to the money lenders referred to in sub section (1) shall be deemed to have been cancelled from 18th Khurdad 1355 F., and all transactions of money lending carried on by such persons as money lenders shall cease from the said date. Such money lender shall not be entitled to refund of licence fee or to compensation on account of cancellation of licences.
(3) The money lenders referred to in sub section (1) who had obtained licences of money lending under this Act prior to the 18th day of Khurdad 1355 F. may under the provisions of this Act, recover through a competent court the loans advanced before the said date.
(4) Any money lender referred to in sub section (1) who carries on the business of money lending in contravention of the provisions of the said sub section, or recovers his dues otherwise than in accordance with the provisions of sub section (3) shall, on conviction before the Collector, be punished with imprisonment for a term which may extend to one year, or with fine or with both. An appeal from the order of the Collector shall lie to the Sessions Judge.
(5) An offence under this section shall be cognizable and bailable and the Court trying the offence shall, unless it is proved to the contrary, presume that the accused is a stranger and that he was carrying on the business of money lending in contravention of the provisions of this section.
### 3. Money lenders to get their names registered.
(1) Every officer who has been authorised by Government under this Act shall maintain a register of money lenders in such form and with such particulars as may be prescribed. Such register shall be deem to be a public document within the meaning of the Indian Evidence Act, 1872.
(2) Every money lender, in order to get his name registered, shall present an application in writing in the prescribed form to the competent officer and the said officer shall on such application being presented, register the applicants name and grant a licence in the prescribed form and written prescribed period:
Provided that the licensing authority may, if he has reason to believe that a money lender is of undesirable conduct refuse to grant or to renew a licence and shall record the reasons therefor. Where the licensing authority is a Tahsildar an appeal from his order shall lie to the Collector and to the Board of Revenue where the licensing authority is a Collector. The decision of the appellate authority shall be final.
(3) Every person making an application under sub section (2) shall pay such licence fee not exceeding twenty five rupees, as has been fixed for the district concerned.
(4) A licence issued under sub section (2) shall be valid for one year from the date of issue.
(5) (a)
No money lender shall carry on in any district the business of money lending without obtaining a licence provided for in sub section (2) .
(b) If any person contravenes the provisions of clause (a), he shall be punished with rigorous imprisonment for a term which may extend to six months or with fine or with both. The fine imposed shall, in case of default, be recoverable as arrears of land revenue. The Collector shall have power to award punishment under this clause. An appeal against his order shall lie to the Sessions Judge.
(c) An offence this sub section shall be cognizable and bailable.
(6) [Omitted.]
### 4. Power to cancel or suspend license.
(1) Where it is found in respect of a money lender that after the commencement of this Act
(a) he has been found guilty by a Civil Court of contravening the provisions of Sections 5, 6 or 8 in more than two suits, or
(b) the suit instituted by him has been dismissed in whole or in part on the ground that an entry relating to loan has been made by him in any document showing the amount of loan to be in excess of that actually advanced including the necessary expenses incurred, or
(c) that suit instituted by him was dismissed on the ground that it was based on fraud, or
(d) he has been found guilty in a money transaction by a Court, of forgery, cheating or coercion within the meaning of Section 15 of the Indian Contract Act 1872 (Central Act 9 of 1872); or he or his agent has been found guilty of contravening the provisions of Section 13. The Collector may cancel the licence or suspend it for any term, or prohibit the renewal thereof for a period not exceeding two years;
Provided that the Collector shall not pass such order until the expiry of the period for appeal or revision or review and in case an appeal or revision or review has been disposed of.
(2) (a)
The Collector may take action under sub section (1) either of his own motion or on the application of an interested party:
Provided that no licence shall be cancelled or suspended nor renewal thereof shall be prohibited without giving the money lender an opportunity to defend.
(b) The Collector may, during the period for an appeal either of his own motion or on the application of an interested party review his own order, provided an appeal therefrom is not pending before the Board of Revenue. An appeal from an order or the Collector shall lie to the Board of Revenue whose decision shall be final.
### 5. Money lenders to maintain accounts and to furnish statements thereof to debtors.
(1) A money lender shall
(a) maintain a regular account of loan for each debtor separately;
(b) deliver to the debtor every year the prescribed statement of account signed by him or his agent specifying the amount of loan that may be outstanding against such debtor on the prescribed date. Such statement of account shall contain all transactions of loan entered into during that year. The said statement shall be in the language of the village office of the district for which the money lender has obtained a licence.
(2) The account mentioned in clause (a) of sub section (1) shall be so maintained that items of principal and interest may be separately and clearly ascertained and the balance of principal and interest shall be shown separately. The money lender shall not be authorised to include the interest or any portion of interest in the principal. The opening balance of principal and interest shall be separately shown:
Provided that if after a loan was originally advanced by a money lender, a widow or minor becomes entitled to such loan, such widow or minor shall not be required to maintain the account and furnish the statement of account under sub section (1) for a period of one year from the date on which such right accrued.
(3) The licensing authority or any person authorised by him may inspect the books of account of a money lender for the purpose of satisfying himself that the provisions of this section are being complied with.
### 6. Additional accounts to be maintained by pawn brokers.
(1) In addition to the duties mentioned in Section 5, every pawn broker shall maintain a regular account showing the following particulars:
(a) details of each of the articles taken in pawn by which in can be defined.
(b) the time agreed upon between the parties for the redemption of pawn, and
(c) the name and address of the pawner.
(2) The pawn broker shall at the time of transaction deliver to the pawner a statement of the aforesaid entries under his or his authorised agent s signature, the said statement shall be in the language mentioned in clause (b) of sub section (1) of Section 5.
(3) The licensing authority or any person authorised by him may inspect the books of account of a pawn broker for the purpose of satisfying himself that the provisions of this section are being complied with.
### 7. Debtors not bound to admit correctness of accounts.
- A debtor to whom a statement of account has been furnished under clause (b) of sub section (1) of Section 5, shall not be bound to admit or deny the correctness of such account, and from his mere silence it shall not presumed that he has admitted the correctness of the account.
### 8. Receipt for payment of loan.
- Every money lender shall, without delay, pass a receipt for the payment made by a debtor and if payment is made by challan an endorsement shall be made thereon acknowledging receipt thereof.
### 9. Procedure of Court in suits for recovery of loans.
- Notwithstanding anything contained in any law for the time being force, in every suit relating to a loan:
(1) the Court shall frame and decide the issues whether the money lender is a money lender as defined in sub section (7) of Section 2, and whether he has complied with the provisions of Section 3 and of clauses (a) and (b) of sub section (1) of Section 5 and sub sections (1) and (2) of Section 6.
(2) if it is proved that the plaintiff is a money lender as defined in sub section (7) of Section 2, but does not hold a licence granted under Section3, the Court shall dismiss his suit;
(2A)
if it is proved that the money lender has not complied with the provisions of clause (a) of sub section (1) of Section 5, or of sub section (1) of Section 6, or of section 8 and the plaintiff s claim is established in whole or in part, the Court may, in the circumstances of the case, disallow the whole or any portion of the interest due and may disallow the costs wholly or in part;
(3) if it is proved that the money lender has not furnished the debtor with a statement of account in accordance with the provisions of clause (b) of sub section (1) of Section 5 or of sub section (2) of Section 6, the Court shall, in computing the amount of interest exclude the interest in respect of every period for which the money lender has not furnished the debtor with the statement of account:
Provided that if the money lender has, after the prescribed time, furnished the statement of account and the Court is satisfied that there was sufficient cause for not furnishing the statement earlier, the Court may, in spite of such default, include such period or periods for computing the interest.
Explanation. - If a money lender has maintained his account and delivered the statement of account in the prescribed form and manner, it shall, in spite of any error or omission, be presumed that he has complied with the provisions of clauses (a) and (b) of sub section (1) of Section 5 and of sub sections (1) and (2) of Section 6, if the Court is of opinion that such error or omission is accidental or immaterial and that the accounts are maintained in good faith.
### 10. Computation of interest.
(1) The Government may, from time to time, by notification in the Andhra Pradesh Gazette, fix the maximum rate of interest for any local area of class of business of money lending in respect of secured loans and unsecured loans.
(1A)
No money lender shall levy charges other than compound interest and expenses mentioned in sub section (3) of this section incurred by him in respect of loans.
(1B)
Whoever, being a money lender, demands or charges or receives from a debtor interest at a rate exceeding the maximum rate fixed by the Government under sub section (1) , shall 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.
(2) The parties may include a stipulation in the agreement that if the sum payable as interest is not paid on the date fixed, under the agreement the money lender may charge simple interest on such sum by way of damages from the date of default until it is paid, at a rate not exceeding half the rate of interest payable on the principal and the interest so charged shall not, for the purposes of this Act, be deemed to be part of the interest charged in respect of the loan.
(3) When property is given by way of security or mortgage nothing in this section shall prevent a money lender from recovering the expenses incurred for investigating title to the property,the costs of stamp and expenses for registration of document and other expenses incurred which may be reasonable in the opinion of the Court, if the parties have agreed in writing to the levy and payment of such expenses, otherwise only expenses leviable under the Transfer of Property Act No. 1 of 1336 F. or any other law for the time being in force, shall be allowed.
Explanation. - In cases where the transaction of loan is in kind or loan is in cash and its repayment in kind, or loan in kind and repayment in cash, the amount of principal and interest shall be determined according to the local market price of the commodity at the time of taking and repayment of loan.
### 11. Power of Court to limit interest due in certain cases.
(1) The provisions of this Act shall not apply to a loan advanced before the commencement of this Act:
Provided that no Court shall be competent to pass a decree for a sum exceeding the principal on account of any outstanding interest in respect of a loan advanced to cultivator or labourer before the commencement of this Act.
(2) In an inquiry under sub section (1) into the loan advanced to a cultivator or a labourer, the outstanding interest shall be computed in the following manner:
(a) the account for the twelve years preceding the commencement of this Act shall be so examined that on the first day of the twelve years period and if the loan had commenced within twelve years, on the date on which the transaction commenced the amount outstanding against the debtor shall be entered against the debtors name as principal:
(b) separate accounts, of the principal and interest shall be maintained;
(c) in the account of principal there shall be debited to the debtor s name all such amounts as may, from time to time, have been actually received by the debtor from the money lender and if any goods are sold as part of the transaction, its price shall be included therein;
(d) in the account of principal there shall not be debited to the debtor s name any outstanding interest which has been converted into principal by any agreement, settlement, or contract in the course of the transaction;
(e) in the account of interest upto the date on which this Act comes into force, simple interest on the balance of principal shall be calculated at the rate agreed between the parties, provided that it does not exceed nine per cent per annum in the case of secured loan and twelve per cent per annum in the case of unsecured loan, and, from the date on which this Act comes into force upto 18th Khurdad 1355 F, the rate of interest shall not exceed nine per cent per annum and twelve per cent per annum respectively. From 18th Khurdad 1355 F., the rate of interest shall not exceed six per cent per annum and nine per cent per annum respectively;
(f) all payments made in cash or kind by the debtor to the money lender or on his account, and all benefit of services or other advantages of every description, received by the money lender in the course of the transaction the value of which shall, if necessary, be determined by the court in its discretion or with the aid of arbitrators appointed by it, shall be credited first in the account of interest; and the balance if any, after payment of the interest due shall be credited to the account of the principal;
(g) The principal and interest shall be calculated up to the date of institution of the suit, and the balance, (if any) of the suit, outstanding against the debtor on the said date. If the amount of interest exceeds the principal, the amount of interest in excess of the principal shall not be allowed.
### 12. Order for payment of decretal amount by installments.
(1) The court may, in respect of a decree without installments passed after the commencement of this Act at any time on the application of a judgment debtor, after notice to the decree holder, direct that the amount of the said decree shall be paid in such number of instalments and subject to such conditions and on such dates as may, in its opinion, be proper having regard to the circumstance of the judgment debtor and the amount of the decree.
(2) In case the judgment debtor is a cultivator or a labourer, the power mentioned in sub section (1) may also be exercised in respect of a decree passed before the commandment of this Act; Provided that such power shall not be exercised more than once in respect of the same decree.
### 13. Punishment for molestation of debtor.
(1) A moneylender or his agent who molests or abets the molestation of a debtor for the recovery of debt shall be punished with rigorous imprisonment for term which may extend to two years or with fine or with both.
Explanation. - For the purposes of this section a money lender or his agent shall be deemed to molest a debtor when he commits the following acts with intent to prevent the debtor from doing any act which he has a right to do or force him to do any act which he has a right not to do:
(a) obstructs the debtor or uses violence against or intimidates him, or
(b) follows the debtor wherever he goes or interferes with any property owned or used by him or deprives him of, or hinders him in the use thereof, or
(c) loiters or does any similar act at or near a house or place where the debtors resides, works, or carries on any business or is present there by accident;
Provided that if a money lender or his agent happens to be at or near such house or place merely for the purpose of obtaining or communicating any information or to make a demand for a loan due, he shall not be deemed to have molested the debtor.
(2) An offence under this section shall be cognizable and bailable.
### 14. Exemption from arrest.
- Notwithstanding anything contained in the Code of Civil Procedure, 1908 a labourer or a cultivator who is a pattadar, shikmidar, Asami Shikmi or holder of land with a revenue of fifty rupees or less, shall not be arrested to be detained in civil Jail.
### 15. Power to make rules.
(1) Government may make rules for carrying out the purposes of this Act.
(2) All rules made under this Act shall come into force from the date of publication in the Official Gazette.
### 16. Power to Exempt.
- The Government may, by notification published in the Andhra Pradesh Gazette and for reasons to be recorded therein, exempt any person or class of persons or any financial or banking institution or agency or any class of financial or banking institutions or agencies from all or any of the provisions of this Act or the rules made thereunder, subject to such conditions as the Government may deem fit to impose; and they may, likewise, vary or cancel such exemption.
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65bacef8ab84c7eca86ec8b2 | acts |
State of Jharkhand - Act
--------------------------
The Bihar and Orissa Board of Revenue Act, 1913
-------------------------------------------------
JHARKHAND
India
The Bihar and Orissa Board of Revenue Act, 1913
=================================================
Act 1 of 1913
---------------
* Published on 21 May 1913
* Commenced on 21 May 1913
The Bihar and Orissa Board of Revenue Act, 1913
Bihar and Orissa Act
1 of 1913
[Dated 21st May, 1913]
An Act to alter the constitution of the Board of Revenue for Bihar and Orissa.
Whereas it is expedient to alter the constitution of the Board of Revenue of Bihar and Orissa;
And whereas the sanction of the Governor-General has been obtained under section 5 of the Indian Councils Act, 1892, to the passing of this Act;
It is hereby enacted as follows:-
### 1. Short title.
- This Act may be called the Bihar and Orissa Board of Revenue Act, 1913.
### 2. Designation of Board.
- Board of Revenue for the [State]
[Substituted by A.L.O.]
[\* \*]
['of Bihar and Orissa' repealed by A.O.]
shall be called the Board of Revenue [\* \*]
['for Bihar and Orissa' repealed by A.O.]
.
### 3. Number of Members of Board.
- The said Board shall consist of one Member only, to be appointed by the [State]
[Substituted by A.L.O.]
Government by notification in the [Official Gazette]
[Substituted by A.O. for 'Local Official Gazette'.]
:
Provided that the [State]
[Substituted by A.L.O.]
Government may, at any time, by like notification, [\* \*]
['with the previous sanction of the Government of India' repealed by Section 2 and Schedule I of Act 38 of 1920.]
appoint a temporary additional Member.
### 4. Powers and duties of additional Member.
- An additional Member of the Board of Revenue appointed under the proviso to Section 3 shall exercise and perform such powers and duties of the Board as the [State]
[Substituted by A.L.O.]
Government may direct.
### 5. Construction of references to former Boards.
- All references in any enactment or in any notification, order, scheme, rule, form or by-law issued, made or prescribed under any enactment to-
(a) the Board of Revenue as constituted under the Bengal Board of Revenue Regulation, 1822, and under clause first of Section 4 of the Bengal Revenue Commissioners Regulation, 1829, or
(b) the Board whose functions were transferred to the said Board of Revenue by the Bengal Board of Revenue Act, 1850, shall be construed as references to the Board as reconstituted by or under this Act.
### 6. Review of orders by Board.
(1) Any person considering himself aggrieved by any order of the Board of Revenue may apply to the Board for a review of the same and, if the Board considers there are sufficient reasons for so doing, it may review the order and pass such further order as it thinks fit.
(2) Every application under sub-section (1) for a review of any order must be made within a period of three months from the date of the order:
Provided that the Board may in its discretion in any case extend such period, if sufficient reasons be shown for so doing.
### 7. Repeal.
- The enactments specified in the Schedule are hereby repealed to the extent mentioned in the fourth column thereof.
The Schedule
Enactments Repealed
(See Section 7)
| | | | |
| --- | --- | --- | --- |
|
Year
|
No.
|
Short title
|
Extent of repeal
|
|
1
|
2
|
3
|
4
|
|
Bengal Regulation.
|
|
1822
|
3
|
The Bengal Board of Revenue Regulation, 1822
|
So much as is unrepealed.
|
|
Acts of the Governor-General of India in
Council
|
|
1850
|
44
|
The Bengal Board of Revenue Act, 1850
|
So much as is unrepealed.
|
|
1874
|
15
|
The Laws Local Extent Act, 1874
|
So much of the fourth Schedule as relates to
Bengal Regulation 3 of 1822 and Act 44 of 1850.
|
|
(1) 1891
|
12
|
The Amending Act, 1891
|
So much of the second Schedule as relates to
Bengal Regulation 3 of 1822.
|
|
1903
|
1
|
The Repealing and Amending Act, 1903
|
So much of the second Schedule as relates to
Bengal Regulation 3 of 1822.
|
|
1912
|
7
|
The Bengal, Bihar and Orissa and Assam Laws Act,
1912
|
Section 4.
|
|
65ba7959ab84c7eca86eb899 | acts |
Union of India - Act
----------------------
Conduct of Elections(Amendment) Rules, 2020
---------------------------------------------
UNION OF INDIA
India
The Representation of the People Act, 1951
Conduct of Elections(Amendment) Rules, 2020
=============================================
Rule 0 of 2020
----------------
* Published in Gazette of India : Extraordinary on 2 July 2020
* Commenced on 2 July 2020
Central Government after consulting the Election Commission amends the Conduct of Election Rules, 1961. The above-mentioned rules shall now be called as: Conduct of Elections(Amendment) Rules, 2020.
In Rule 27A, following amendment will take place:
(i) in clause (aa), after the words “or persons with disability” occurring at the end, the words, letters and figures “or the COVID 19 suspect or affected persons” shall be inserted;
(ii) in clause (e) , for the figures and word “80 years”, the figures and word “65 years” shall be substituted;
(iii) after clause (e), the following clause shall be inserted, namely: ‘(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.”
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65b9f9f6ab84c7eca86ea5ea | acts |
State of West Bengal - Act
----------------------------
The Howrah-Amta Light Railway Company (Acquisition Of Land) Act, 1976
-----------------------------------------------------------------------
WEST BENGAL
India
The Howrah-Amta Light Railway Company (Acquisition Of Land) Act, 1976
=======================================================================
Act 35 of 1976
----------------
* Published on 28 May 1976
* Commenced on 28 May 1976
The Howrah-Amta Light Railway Company (Acquisition Of Land) Act, 1976
West Bengal Act
35 of 1976
[28th May, 1976.]
Assent of the President first Published In Calcutta Gazette, Extraordinary, dated the 28th May, 1976.
Act Act to provide for the acquisition of certain lands held by the Howrah-Amta Light Railway Company Limited.
Whereas it is expedient to provide for the acquisition of certain lands held by the Howrah-Amta Light Railway Company Limited for providing better facilities for transport and communication to the members of the public by construction of broad-gauge railway line in Howrah-Amta-Bargachia-Champadanga and Dankuni-Sheakhala areas within the districts of Howrah and Hooghly and for matters connected therewith or incidental thereto;
It is hereby enacted as follows :-
### 1. Short title and extent.
(1) This Act may be called the Howrah-Amta Light Railway Company (Acquisition of Land) Act, 1976.
(2) It extends to the whole of West Bengal.
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context, -
(a) "Collector" means the Collector of a district and includes any Land Acquisition Officer appointed by the State Government to carry out all or any of the functions of a Collector under this Act;
(b) "company" means the Howrah-Amta Light Railway Company Limited;
(c) "Court" means the Court of the District Judge at Howrah where the land is situated within the district of Howrah and the Court of the District Judge at Hooghly in the case where the land is situated within the district of Hooghly;
(d) "encumbrance", in relation to any land, includes all rights or interests of whatever nature belonging to any tenant, licensee or trespasser or any other person;
(e) "firm land" means a land where there is no accumulation of water during any season of the year; and
(f) "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth and also includes any encumbrance in relation to such land.
### 3. Acquisition of land.
(1) If the State Government is of opinion that any land held by the Howrah-Amta Light Railway Company Limited is needed for providing better facilities for transport and communication to the members of the public by construction of broad-gauge railway line in Howrah-Amta-Bargachia-Champadanga and Dankuni-Sheakhala areas within the districts of Howrah and Hooghly, it may, by notification in the Official Gazette, acquire such land and may make such further order or order as appear to it to be necessary or expedient in connection therewith.
(2) On the publication of the notification under sub-section (1), the land shall stand transferred to and vest absolutely in the State Government free from all encumbrances and the Collector shall take possession of such land forthwith.
(3) The State Government shall be entitled to transfer any land acquired under this section to the Government of India or use the land in such other manner as the State Government thinks fit.
### 4. Payment of amount.
(1) The State Government shall deposit in cash in Court to the credit of the company an amount which shall be determined by the Collector, where the land is situated within the limits of Howrah Municipality, at the rate of rupees seventy-four thousand and seven hundred fifty per hectare and, where the land is situated outside the Howrah Municipality, at the rate of rupees four thousand eight hundred and fifty-eight per hectare in case of firm land and rupees one thousand three hundred and forty-five per hectare in case of any other land.
(2) For the avoidance of doubts it is hereby declared that the liabilities of the company in relation to its lands which have vested in the State Government under section 3, shall be met from the amount referred to in sub-section (1).
(3) In meeting the liabilities of the company in relation to its lands which have vested in the State Government under section 3, the court shall distribute the amount referred to in sub-section (1) amongst the creditors of the company, whether secured or unsecured, in accordance with their rights and interests, and if there is any surplus left after such distribution the same shall be made over to the company.
### 5. Indemnity.
- No suit, prosecution or other legal proceeding whatsoever shall lie against any person for anything in good faith done or intended to be done under this Act.
### 6. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act the State Government may make such orders or do such things not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty.
### 7. Delegation.
- The State Government may, by notification in the Official Gazette, delegate any of its powers under this Act to the Collector.
### 8. 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 of India.
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65babdafab84c7eca86ec6e0 | acts |
State of Jammu-Kashmir - Act
------------------------------
Jammu And Kashmir Agrarian Reforms (Validation) Act, 1997
-----------------------------------------------------------
JAMMU & KASHMIR
India
Jammu And Kashmir Agrarian Reforms (Validation) Act, 1997
===========================================================
Act 28 of 1997
----------------
* Published on 29 September 1997
* Commenced on 29 September 1997
Jammu And Kashmir Agrarian Reforms (Validation) Act, 1997
(Act
No. 28 of 1997
)
[Received the assent of the Governor on 29th September, 1997 and published in Government Gazette dated 1st October, 1997.]
An Act to provide for validation of certain orders, proceedings and acts of Naib-Tehsildars in attesting mutations under the provisions of the Jammu and Kashmir Agrarian Reforms Act, 1976.
Be it enacted by the Jammu and Kashmir State Legislature in the Forty eight Year of the Republic of India as follows :
### 1. Short title and commencement
(1) This Act may be called the Jammu and Kashmir Agrarian Reforms (Validation) Act, 1997.
(2) It shall come into force at once.
### 2. Validation of certain orders, proceeding and acts
(1) Notwithstanding anything contained in any law or judgement, decree or order of any court, all orders made, proceedings taken and acts done, in the matter of attestation of mutation, by the Naib-Tehsildars during the period commencing from 01-06-1991 and ending with the date 23-05-1994, shall be deemed to be always to have been validly made, taken or done.
(2) For purpose of Jammu and Kashmir Agrarian Reforms Act, 1976 (Act No. XVII of 1976) and any other law for the time being in force, all orders made, proceedings taken and acts done during the validation period by the Naib-Tehsildars shall be as good as if such Naib-Tehsildars were authorised under the provisions of Jammu and Kashmir Agrarian Reforms Act, 1976 and the rules made thereunder.
Notifications, Circulars, Orders, Etc.
Agrarian Reforms Act, 1976 Field officers to take recourse of the provisions of the Act in its right perspective and will not apply harshly and the right in land may not be extinguished in that case of displaced persons
Circular No. Rev(LB) 92/85 dated 10.07.1985, Revenue Department
It has been represented to me by the representatives of the displaced persons that the field officers do not give benefit of the provisions of the J&K Agrarian Reforms Act, 1976 in respect of such cases where a displaced person has been found to be in cultivating possession of one piece of land in a single village. They hav6 prayed that their right in land should not be abridged only for the reason that they were cultivating only a piece of land in Kharif, 1971 in a village in which land stands allotted to them.
In terms of the provisions of sub-clause (ii) of clause (c) of sub-section (2) of section 4 of the said Act, the interests in land allotted to the displaced persons under various Government orders mentioned in Schedule II appended to the Act, have been safe-guarded in the matter of extinguishment of rights in land.
Similarly, the interests of displaced persons in respect of evacuee land, if any; allotted to them have been safeguarded under the said clause from the application of the provisions of section 4 of the Act without consideration that the same is situate in more than one village.
It is, therefore, enjoined upon the field officers that they should take recourse of the provisions of the Act in its right perspective and will not apply harshly and the right in land may not be extinguished in that case of displaced persons notwithstanding the fact that such a person cultivated only one piece of land out of several pieces of land in a single village.
Agrarian Reforms Act, 1976 Any decree passed or order given by the civil court for the tracks which are under settlement operations shall be forwarded to Assistant Settlement officer, Kashmir/Jammu instead of Assistant Commissioner (Revenue) who has no jurisdiction for the areas under settlement operation
Circular No. SC/PA-10/Genl/94 dated 11.08.1994
It has been observed that a decree or order passed by civil court is to be forward to the Collector concerned for making entry in the land records as per standing orders.
### 2. Any decree passed or order given by the civil court for the tracks which are under settlement operations shall be forwarded to Assistant Settlement officer, Kashmir/ Jammu instead of Assistant commissioner (Revenue) who has no jurisdiction for the areas under settlement operation. Therefore, all the Assistant commissioners Revenue are directed to desist from entertaining any such decree or orders received from any civil court, as Assistant Commissioner Revenue has no jurisdiction for taking any action in such matters. However, care has to be taken that any decree or order, in case found against the provisions of land laws enacted from time to time should not be entertained by Revenue officers in order to save the provisions of Agrarian Reforms Act and other such laws should not get defeated by any decree or order so passed, without jurisdiction and not recognized by law. ###
3.
All concerned Revenue officers shall adhere to standing instructions strictly in this regard hence-forth. Any violation of rules shall be taken seriously.
Agrarian Reforms Act, 1976 Dispensation with the requirement of recording certificate on the apportionment statement by the Collector
Circular No. Rev(LB) 10/80 dated 23.04.1998, Revenue Department
Attention is invited to para 13 of the Circular instructions issued vide endorsement No.Rev(LB) 10 /80 dated 23.02.1980 in terms of which the apportionment statement, prepared by the Collector, Land Acquisition, has to be got verified and certified by the Collector, Agrarian Reforms in the light of the provisions of the J&K Agrarian Reforms Act, 1976, and the guidelines, laid down in the said circular. The Collector Agrarian Reforms has also to record necessary certificate on the apportionment statement to this effect. In view of the agrarian reforms work, having been almost completed, it is felt appropriate now to dispense with the requirement of recording such certificate by the Collector, Agrarian Reforms and to empower the concerned, Land Acquisition Collector, who completes acquisition proceedings under the State Land Acquisition Act Samvat, 1990, in respect of lands which are subject-matter of acquisition, to record the said certificate himself on the apportionment statement, after having satisfied that no deviation of any of the provisions of the J&K Agrarian Reforms Act, 1976, is made out in any manner whatsoever with regard to entitlement of the compensation amount in each such case.
Agrarian Reforms Act, 1976 Determination of genuineness of land
Circular No. Rev/LB/92/85 dated 01.10.1985, Revenue Department
In amplification of Circular instructions issued vide endorsement No. Rev (LB) 92/85 d t. 10.7.85 with respect to the legal position about determining the cultivating position of a displaced person allotted land in more than one village and the extinguishment of rights, title and interest in such land, attention is drawn to, sub-section (1) of section 4 of the J&K Agrarian Reforms Act, 1976, under which the rights title and interest in land of any person not cultivating it personally in Kharif 1971, stand extinguished and vested in the state. But in the case of displaced persons to whom land has been allotted or held by them under Govt. Order Nos. 578/C of 1954, Govt. Order No.LB-6/C of 1958, Govt. Order No.LB-7 of 1958, Govt. Order No. Reh-371/C of 1971 Dated 9.9.1971, besides other Govt. Orders, the rights, title and interest in such land shall not be deemed to have been extinguished provided that
a) such land and evacuees land, if any, allotted to the same displaced person is situated in more than one village.
b) such displaced person cultivated personally the land at least in one village in Kharif 1971.
It is, therefore enjoined upon the revenue officers to examine firstly whether land has been allotted or held under any of the orders mentioned in Schedule II to the J&K Agrarian Reforms Act 1976; secondly that land is held by a genuine family of a displaced person and thirdly such displaced person was cultivating the land personally at least in one village in Kharif 1971, and determine the position accordingly keeping in view definition of "family" defined in the said Act and also make necessary entries in the revenue records in favour of eligible persons.
Agrarian Reforms Act, 1976 Provisions relating to prohibition on conversion in land use, ceilings on land and prohibition on transfer by those who have acquired rights under Act, are not defeated in any manner whatsoever
Circular No. FC/LS/Alie/297-695/97 dated 29.12.1997, Financial Commissioner
With the enactment of J&K Agrarian Reforms (Amendment) Act, 1997, the prohibition on alienation of land has been done-away with but doubts have arisen in some sections about the application of section 13, 28-A of the Act in the changed scenario brought about by the omission of section 31 from the statute Book., which is proposed to be clarified by this circular.
### 2. While prior permission for alienation is not required, but the alienation of land should be in no 'case result in defeating the provisions of Agrarian Reforms Act, 1976, in as much as the use of land shall continue to be regulated under Section 13. The deregulation of the alienation of land, under no circumstances should tantamount to undermine the basic purposive aspect of sub serving the agrarian economy by promoting wanton use of agricultural land for non-agricultural purposes except as provided under law. ###
3. Under section 28-A all those who have acquired rights under the Agrarian Reforms Act are debarred from transferring the land in favour of anybody whatsoever except the Government of J&K and the rationale for in-corporation of this provision in the law was/is to fructify the objective framework as espoused in the preamble of the Act and the Legislative intent to extinguish the rights of such owners who did not cultivate the land personally and its transfer in favour of tenants, as prospective owners. Section 31 alone has been omitted from Statute with a view to ensure transparency in the land transactions and to obviate speculative deals due to restrictive policy mechanism. The operation of sections 13 and 28-A shall however continue as heretofore like-wise as the alienor/alienee, shall continue to be covered by the various provisions of Agr. Reforms Act in sofar as ceiling on retention/holding of land under the said Act in various capacities is concerned. The Alienation of land Act to the extent it is not inconsistent with Agr. Act shall continue to be observed in these cases.
### 4. It is enjoined upon all the revenue officers to ensure that in the garb of alienation of land various provisions of Agr. Reforms Act in general and those relating to prohibition on conversion in land use, ceilings on land and prohibition on transfer by those who have acquired rights under Act, are not defeated in any manner whatsoever.
Agrarian Reforms (Suspension of Operation) Act, 1975 Clarifying law on apportionment of compensation after enactment
Circular No. Rev (LB) 133/76 dated 09.03.1976, Revenue Department
With a view to clarifying the position of law viz-a-viz the provisions of the Jammu and Kashmir Agrarian Reforms Act, 1972 (hereinafter referred to as the Act) and Jammu and Kashmir Agrarian Reforms (Suspension of Operation) Act, 1975 (hereinafter referred to as the Suspension Act) the following may be kept in view while deciding the person to whom payment of compensation is to be made for the land acquired under the Jammu and Kashmir Land Acquisition Act, 1990.
Pursuant to section 3 of the Act, with effect from 1st May, 1973, the rights and title of an owner/intermediary in land not held by him in his personal cultivation in Kharif, 1971, has been extinguished and are vested in the State and in terms of section 4 of the Act, with effect from May, 1973, the land held in personal cultivation in Kharif, 1971, but in excess of the ceiling area has also vested in the State. By virtue of section 6 of the Act, all rights in land which have been extinguished shall be deemed to have been acquired by the State and payment in lieu of such extinguishment shall be made to the person entitled, at the rates specified in this section and in the manner prescribed by rules. The Suspension Act has suspended the operation of the Act. Notwithstanding such suspension the vesting of rights in land in the State effected by the Act, has not been annulled which in other words means that rights in land not held in personal cultivation in Kharif, 1971, or even if held in personal cultivation, but in excess of the ceiling area have vested and continued to vest in the State since May 1, 1973. The impact on the Land Acquisition Act with reference to land, rights of ownership/intermediary wherein have vested in the State under section 3 of the Act, is that such land continue to be in the possession of the tiller. The tiller is now from May 1, 1973, a tenant under the State. He retains his status as such with this difference that instead of being a tenant of a particular class under the ex-owner, he is now a tenant of that very class under the State. Thus for example if A was an occupancy tenant/protected tenant under X before Kharif, 1971, X's rights in the land have extinguished from May, 1973 and vested in the State and A continue to be an occupancy tenant/protected tenant now under the State from this date. A declaration for acquisition of such land, if made after 1st May, 1973, has, therefore to be construed to relate only to the acquisition of the tenant's rights therein because, the ownership rights of such land have already been acquired by the Slate by virtue of section 6 of the Act read with section 3. Payment of compensation under the Land Acquisition Act is, therefore, to be restricted to the tenant of the land alone and not to the ex-owner. Under section 29 of the Land Acquisition Act not more than 1/3rd of the compensation calculated according to the market rates, can be paid in lieu of acquisition of land as ownership of such land is vested in the State. Section 29 of the Land Acquisition Act again specifies only the maximum amount of compensation payable in respect of such land but not the exact amount. For ascertaining the exact amount of compensation that should be paid to the tenant, guidance should be sought from the circulars that have been issued, from time to time, by the Revenue Department for apportionment of as between an owner and his tenant. The combined effect of these instructions and the aforementioned provisions of law is that compensation at market rates for the entire rights in land has to be calculated in the first instance. Its apportionment as between the owner and the tenant has there-after to be worked out. The amount of compensation payable to the tenant as a result of this calculation, has to be paid to him, if it be less than or equal to the 1/3rd of the market value of such land ; If the apportioned amount exceeds 1/3rd of such market value of the land, then only 1/3rd of such market value has to be paid to the tenant. The person who was an owner or intermediary of this land prior to 1st May, 1973, payment to him in lieu of the extinguishment of his rights has to be made under section 6 of the Act. This Act being under suspension and the process of paying such ex-owner has to await until either the Act is made operative or replaced by a fresh legislation (Fresh legislation is in fact, on the anvil)
It may be added that the tenant of such land was a prospective owner who was to acquire its ownership on payment of levy in full under section 6 of the Act. If the tenant has already paid instalment(s) of levy, the aggregate amount of such levy paid by him has to be refunded to him in addition to the compensation to which he is entitled as explained above. If, on the other hand, such tenant has prior to the issue of the declaration under the Land Acquisition Act, already paid the levy in full according to section 6 of the Act, he has already become an owner of such land. In such a case full compensation at market rates in accordance with the Land Acquisition Act is payable to him. In this case, however, a word of caution is necessary. The amount of levy in full must have been paid by such tenant prior to the declaration under the Land Acquisition Act. No part of levy paid after such declaration can be deemed valid payment for purposes of acquiring ownership for the simple reason that permitting a person to take any step to acquire ownership of any land after the declaration under the Land Acquisition Act would be a collusive act intended to defraud the law.
Where land in excess of ceiling area has vested in the State under section 4 of the Act, though held by an owner cultivating it personally in Kharif, 1971, or by the tiller thereof, the entire rights therein have vested in the Stale under section 4 and have been deemed to have been acquired by the State under section 6 of the Act. Payment of compensation to such person shall be governed either by the provisions of the Act (now under suspension) after its operation is revived or by the provisions of law that will replace the Act. Nothing is to be paid to such a person under the Land Acquisition Act. Where on the other hand, such land was held by a tiller, the rights of ownership/intermediary in such land have vested in the State by section 3 of the Act, and the rights of the tiller have also vested in the State by section 4 of the Act. All these rights have been deemed by section 6 of the Act to have been acquired by the State. No payment under Land Acquisition is called for. On the other hand payment to different interests in the land in lieu of the extinguishment of their rights to be made either in accordance with the provision of the Act (now under suspension) after its operation is revived or the new law that will replace the Act.
The case of such ex-owners/intermediaries, whose rights in land have already been acquired by the State by section 6 of the Act, read with section 3 needs consideration, where the tenant's interests in the land have also subsequently been acquired under the Land Acquisition Act. An ex-owner/intermediary is compensated for postponement of the payment, due to him in lieu of the extinguishment of his rights in land, by enabling him to recover 'rent' from his erstwhile tenant in terms of section 7 of the Suspension Act. In the present case, however, no such interim relief is available to him as payment of the amount as envisaged by the Act has been kept under suspension. It is likely to be replaced by another Act which would be effective from a future date and it is not known for how long after enforcement of the new law he will have to wait till he is compensated. To meet such cases an ad hoc payment appears necessary. The Agrarian Reforms Bill of 1976, has proposed a scale of such amount for different classes of land. It would not be advisable to follow this scale until the new law is enforced. In the circumstances it would be appropriate if as an interim measure an ad hoc payment to the tune of 30% of the amount of compensation to ex-owner/intermediary is made for the time being.
Agrarian Reforms Act, 1976 Effect of enactment
Circular No. Rev (LB) 133/76 'dated 03.11.1976, Revenue Department
In partial modification to this office Circular No. even dated 9-8-1976, last six sentences of it shall be replaced as under:
"The Agrarian Reforms Act has now been passed. This Act provides for scale of amount payable to ex-owners/ex-intermediaries, whose rights in land have extinguished. Such ex-owner/intermediaries should, therefore, be paid amounts due to them in accordance with Part A of Schedule In to the Jammu and Kashmir Agrarian Reforms Act of 1976".
|
65bacd96ab84c7eca86ec89e | acts |
State of Jharkhand - Act
--------------------------
Jharkhand State Electricity Regulatory Commission (Miscellaneous Provisions) Third Amendment Order, 2007
----------------------------------------------------------------------------------------------------------
JHARKHAND
India
Jharkhand State Electricity Regulatory Commission (Miscellaneous Provisions) Third Amendment Order, 2007
==========================================================================================================
Rule JHARKHAND-STATE-ELECTRICITY-REGULATORY-COMMISSION-MISCELLANEOUS-PROVISIONS-THIRD-AMENDMENT-ORDER-2007 of 2007
--------------------------------------------------------------------------------------------------------------------
* Published on 19 March 2007
* Commenced on 19 March 2007
Jharkhand State Electricity Regulatory Commission (Miscellaneous Provisions) Third Amendment Order, 2007
Published vide Notification No. JSERC/22/12/933 dated 19th March, 2007, Jharkhand Gazette (Extra-ordinary) dated 20.3.2007
No. JSERC/22/12/933 dated the 19th March, 2007. - In exercise of the power conferred on it under Section 181(1) of the Electricity Act, 2003 and all other powers enabling in this behalf, the Jharkhand State Electricity Regulatory Commission hereby makes the following amendment to the JSERC (Miscellaneous Provisions) Order, 2003 :
### 1. Short title and commencement.
- This shall be called Jharkhand State Electricity Regulatory Commission (Miscellaneous Provisions) Third Amendment Order, 2007.
### 2. They shall come into force from the date of publication in official gazette.
### 3. They extend to the State of Jharkhand.
### 4. The words and expressions occurring in this Order and not specially defined herein shall bear the meaning as in the Electricity Act, 2003.
### 5. The Fee Structure contained in the Schedule of the Order has been revised and it may be read as under:
Schedule
----------
Fee Structure
| | | | |
| --- | --- | --- | --- |
|
Sl. No.
|
Name of the petition/application
|
Provision of the Act/Order
|
Fee (Rupees) |
|
1.
|
Petition for tariff setting for distribution licensee with
generation
|
Sec. 64(1) read with Section 181 (zg) of the
Electricity Act 2003
|
15,00,000/-
|
|
2.
|
Petition for tariff setting for distribution licensee with
generation
|
-do-
|
10,00,000/-
|
|
3.
|
Petition for tariff setting for generation
|
-do-
|
8,00,000/-
|
|
4.
|
Petition for tariff setting for generation
|
-do-
|
8,00,000/-
|
|
65b9bf3eab84c7eca86e9d8e | acts |
State of Rajasthan - Act
--------------------------
Rajasthan Rehabilitation Loans Act, 1951
------------------------------------------
RAJASTHAN
India
Rajasthan Rehabilitation Loans Act, 1951
==========================================
Act 5 of 1951
---------------
* Published on 1 January 1951
* Commenced on 1 January 1951
Rajasthan Rehabilitation Loans Act, 1951
(Act
No. 5 of 1951
)
[Published in the Rajasthan Gazelle (Rajasthan Patra), No. 146, dated March 10, 1951]
(Made by His Highness the Rajpramukh on the 23rd day of February, 1951)
An Act to provide for the giving of financial assistance to displaced persons.
Whereas it is expedient to provide for the giving of financial assistance to displaced persons in [the State of Rajasthan]
[Substituted by Rajasthan Act No. 27 of 1957.]
It is hereby enacted as follows-
### 1. Short title, and commencement.
(1) This Act may be called the Rajasthan Rehabilitation Loans Act. 1951.
(2) [It extends to the whole of the State of Rajasthan.]
[Substituted by Rajasthan Act No. 27 of 1957.]
(3) It shall come into force on the date of its publication in the [Official Gazette.]
[Substituted by Rajasthan Act No. 27 of 1957.]
### 2. Definitions.
- In this Act. unless there is anything repugnant in the subject, or context-
(a) "loan" includes any financial assistance, whether in money, property or otherwise, given by the [State Government]
[4 Substituted by Rajasthan Act No. 27 of 1957.]
to a displaced person whether before or after the commencement of this Act, for his rehabilitation in the [State of Rajasthan]
[Substituted by Rajasthan Act No. 27 of 1957.]
;
(b) "Borrower" means a displaced person individually or a company, association or body of displaced persons whether incorporated or not, to whom or to which a loan has been advanced;
(c) "displaced person" means any person who on account of the setting up of the Dominions of India and Pakistan or on account of civil disturbances or fear of such disturbances in any area now forming part of Pakistan has been displaced from, or has left his place of residence in such area, after the 1st day of March. 1947, and who has subsequently been residing in state [State of Rajasthan]
[Substituted by Rajasthan Act No. 27 of 1957.]
;
(d) [X X X]
[Omitted by Rajasthan Act No. 27 of 1957.]
(e) "prescribed" means prescribed by rules or regulations made under this Act.
### 3. Advance of loans.
(1) The [State Government]
[Substituted by Rajasthan Act No. 27 of 1957.]
may within prescribed limits advance loans to displaced persons individually or to any company, association or body of displaced persons, whether incorporated or not.
(2) For the purpose of advancing any loan under sub-section (1) [the State Government]
[Substituted by Rajasthan Act No. 27 of 1957.]
may call for such information as may be necessary.
(3) The Government shall charge interest from the borrower at such rate not exceeding 6 per cent per annum as may be specified by it.
(4) The period within which a loan shall be repayable shall not exceed thirty years.
(5) The loan may be advanced in such installments as the [State Government]
[Substituted by Rajasthan Act No. 27 of 1957.]
may prescribe.
(6) The assets created from the loan, shall, notwithstanding any law or usage to the contrary, be deemed to be mortgaged to the [State Government]
[Substituted by Rajasthan Act No. 27 of 1957.]
for the repayment of the loan together with interest thereon and the amount or value of the loan and the interest thereon shall be the first charge of such assets.
(7) The [State Government]
[Substituted by Rajasthan Act No. 27 of 1957.]
may also take such further security for any loan as it may consider necessary.
### 4. Power to call for re-payment before agreed period.
- Notwithstanding any agreement to the contrary, the [State Government]
[Substituted by Rajasthan Act No. 27 of 1957.]
\* may, by causing a notice to be served on the borrower, all upon him to repay forthwith or within such time as may be fixed in the notice, the entire amount or value of the loan then due-
(a) if it appears to the [State Government]
[Substituted by Rajasthan Act No. 27 of 1957.]
that false and misleading information in any material particular was given by the borrow for obtaining the loan or while furnishing any information under section 6. or
(b) if the borrower has failed to comply with the terms of the contract with the [State Government]
[Substituted by Rajasthan Act No. 27 of 1957.]
in the matter of the loan, or
(c) if there is a reasonable apprehension that the borrower is unable to pay his debts or that insolvency proceedings or proceedings for liquidation may be commenced against him, or
(d) if for any other reason it is necessary in the opinion of the [State Government]
[Substituted by Rajasthan Act No. 27 of 1957.]
to protect the interest of the [State Government]
[Substituted by Rajasthan Act No. 27 of 1957.]
.
### 5. Mode of recovery.
- If the amount or value of the loan or any installment thereof or interest thereon, which is due in accordance with the terms of the contract or under the provisions of section 4, has not been repaid the [State Government]
[Substituted by Rajasthan Act No. 27 of 1957.]
may:-
(a) without prejudice to any other remedy provided by law, recover such loan, installment or interest as arrears of land revenue in accordance with the law for the time being in force in [The State of Rajasthan]
[Substituted by Rajasthan Act No. 27 of 1957.]
for the recovery of such arrears, or
(b) take charge of the business or industry of the borrower on such terms and conditions as it may deem fit.
### 6. Power of inspection.
(1) The [State Government]
[Substituted by Rajasthan Act No. 27 of 1957.]
or any officer authorised by it in writing in this behalf may, by order, require any borrower to furnish such information or to produce such books of accounts and other documents for inspection at such time and place as may be specified in the order and the borrower shall comply with such order.
(2) The [State Government]
[Substituted by Rajasthan Act No. 27 of 1957.]
or such officer may inspect such books of accounts or documents produced and take extracts therefrom.
(3) The [State Government]
[Substituted by Rajasthan Act No. 27 of 1957.]
or the officer making the inspection or any person working under his order shall not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the borrower.
(4) If any person contravenes the provision of sub-section (1) or sub-section (3), he shall be punishable with imprisonment of either description which may extend to six months or with fine which may extend to five thousand rupees or with both.
### 7. Power to make rules.
(1) The [State Government]
[Substituted by Rajasthan Act No. 27 of 1957.]
may, from the time to time, make rules, consistent with this Act, for the purpose of carrying out generally the provisions thereof and regulating in particular all matters there under which require to be prescribed or in respect of which rules are required to be made.
(2) All rules made under this section shall be published in the [Official Gazette]
[Substituted by Rajasthan Act No. 27 of 1957.]
.
### 8. [Omitted]
[Omitted by Rajasthan Act No. 27 of 1957.]
### 9. [Omitted]
[Omitted by Rajasthan Act No. 27 of 1957.]
|
65ba7225ab84c7eca86eb5a4 | acts |
Union of India - Act
----------------------
Central Road Fund Act, 2000
-----------------------------
UNION OF INDIA
India
Central Road Fund Act, 2000
=============================
Act 54 of 2000
----------------
* Published on 29 March 2018
* Commenced on 29 March 2018
1. [Amended by THE CENTRAL ROAD FUND (AMENDMENT) ACT, 2007 (Act 28 of 2007) on
1 June 2007
]
Central Road Fund Act, 2000
(54 of 2000)
[27th, December 2000]
An Act to give statutory status to [the Central Road and Infrastructure Fund for development and maintenance of National Highways, railway projects, improvement of safety in railways, State and rural roads and other infrastructure, and for these purposes to levy and collect by way of cess, a duty of excise and a duty of customs on motor spirit commonly known as petrol and high speed diesel oil]
[Substituted 'the existing Central Road Fund governed by the Resolution of Parliament passed in 1988, for development and maintenance of national highways and improvement of safety at railway crossings, and for these purposes to levy and collect by way of cess , a duty of excise and duty of customs on motor spirit commonly known as petrol, high speed diesel oil' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
and for other matters connected therewith.
Be it enacted by parliament in the Fifty-first year of the Republic of India as follows:
Chapter I
Preliminary
--------------------------
### 1. Short title,extent and commencement.
(1) This Act may be called The [Central Road and Infrastructure]
[Substituted 'Central Road' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
Fund Act , 2000.
(2) It extends to the whole of India .
(3) Save as otherwise provided in this Act, it shall be deemed to have come into force on the 1st day of November, 2000.
### 2. Definitions.
- In this Act, unless the context otherwise requires,
(a) appointed day means the date on which the Fund is established under sub-section (1) of section 6;
(b) cess means a duty in the nature of duty of excise and customs, imposed and collected on motor spirit commonly known as petrol and high speed diesel oil for the purposes of this Act;
(c) Fund means the Central [Road and Infrastructure Fund]
[Substituted 'Road Fund' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
established under sub-section (1) of section 6;
(d) national highways means the highways specified in the Schedule to the National Highways Act, 1956(48 of 1956) or any other highway declared as national highway under sub-section (2) of section 2 of the said Act;
[\*\*\*]
Omitted '(e) National Highways Authority of India means an authority constituted under sub-section (1) of section 3 of the National Highways Authority of India Act, 1988 (
[68 of 1988
);' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
(f) prescribed means prescribed by rules made under this Act.
Chapter II
[Central Road and Infrastructure Fund]
[Substituted 'Central Road Fund' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
------------------------------------------------------------------------------------------------------------------------------------------------------
### 3. Levy and collection of cess.
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, specify,there shall be levied and collected, as a cess , a duty of excise and customs for the purposes of this Act, on every item specified in column (2) of the [Schedule I]
[Substituted 'Schedule' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
, which is produced in or imported into India and
(a) removed from are finery or a factory or an outlet; or
(b) transferred by the person, by whom such item is produced or imported, to another person,
at such rates [\*\*\*]
[Omitted 'not exceeding the rate set forth in the corresponding entry in column (3) of the Schedule' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
, as the Central Government may, by notification in the Official Gazette, specify:
[\*\*\*]
[Omitted 'Provided that until the Central Government specifies by such notification the rate of the cess in respect of petrol and high speed diesel oil (being items specified in the Schedule, the cess on petrol and high speed diesel oil under this sub-section shall be levied and collected at the rate of rupee one per litre' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
[Provided that the additional duty of customs and the additional duty of excise on motor spirit commonly known as petrol and on high speed diesel oil levied under sub-section (1) of section 109 and sub-section (1) of section 110, as the case may be, of the Finance Act, 2018 shall be deemed to be the cess for the purposes of this Act from the date of its levy and the proceeds thereof shall be credited to the Fund.]
[Substituted by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
(2) Every cess leviable under sub-section (1) on any item shall be payable by the person by whom such item is produced, and in the case of imports, the cess shall be imposed and collected on items so imported and specified in the [Schedule I]
[Substituted 'Schedule' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
.
(3) The cess leviable under sub-section (1) on the items specified in the [Schedule I]
[Substituted 'Schedule' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
shall be in addition to any cess or duty leviable on those items under any other law for the time being in force.
(4) The provisions of the Central Excise Act, 1944 (1 of1944) and the rules made thereunder and The provisions of the Customs Act, 1962 (
52 of 1962
) and the rules made thereunder , as the case may be, including those relating to refunds and exemptions from duties shall, as far as may be, apply in relation to the levy and collection of cess leviable under this section and for this purpose, the provisions of the Central Excise Act, 1944 and of the Customs Act, 1962, as the case maybe, shall have effect as if the aforesaid Acts provided for the levy of cess on all items specified in the [Schedule I]
[Substituted 'Schedule' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
.
### 4. Crediting of cess to Consolidated Fund of India.
- The proceeds of the cess levied under section 3 shall first be credited to the consolidated Fund of India, and the Central Government may, if Parliament by appropriation made by law in this behalf so provides, credit such proceeds to the Fund from time to time, after deducting the expenses of collection, for being utilised exclusively for the purposes of this Act.
### 5. Grants and loans by the Central Government.
- The Central Government may, after due appropriation made by Parliament by law in this behalf, credit by way of grants or loans such sums of money as the Central Government may consider necessary in the Fund.
### 6. Establishment of Central [Road and Infrastructure Fund].
[Substituted 'Road Fund' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established for the purposes of this Act, a Fund to be called as the Central [Road and Infrastructure Fund]
[Substituted 'Road Fund' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
.
(2) The Fund shall be under the control of the Central Government and there shall be credited thereto
(a) any sums of money paid under section 4 or section 5;
(b) unspent part of the cess , being already levied for the purposes of the development and maintenance of national highways;
(c) the sums, if any, realised by the Central Government in carrying out its functions or in the administration of this Act;
(d) any fund provided by the Central Government for the development and maintenance of State roads.
(3) The balance to the credit of the Fund shall not lapse at the end of the financial year.
### 7. Utilisation of the Fund.
- [(1) ]
[Renumbered by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
The Fund shall be utilised for the
(i) development and maintenance of national highways;
(ii) development of the rural roads;
(iii) development and maintenance of other State roads including roads of inter-State and economic importance;
(iv) [ construction of roads either under or over the railways by means of bridges and erection of safety works at unmanned rail-road crossings, new lines, conversion of existing standard lines into gauge lines and electrification of rail lines; and
[Substituted by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
(v) undertaking other infrastructure projects.
Explanation. - For the purposes of this Act, the expression "infrastructure projects" means the category of projects and infrastructure Sub-Sectors specified in Schedule II.]
(2) The Central Government may, depending upon the requirement for development of infrastructure projects, and if it considers necessary or expedient to do so, by notification in the Official Gazette, amend Schedule II relating to any Category of projects or Infrastructure Sub-Sectors.
[(3) Every notification issued under this Act by the Central Government shall be laid, as soon as may be after it is issued, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.]
[Inserted by Finance Act, 2018 (Act No. 13 of 2018) Dated 29.3.2018.]
### 7A. [ Apportionment of share of fund by Committee.
[Inserted by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
- The share of the Fund to be apportioned to each of infrastructure projects shall be finalised by a Committee, constituted by the Central Government by notification published in the Official Gazette, headed by the Finance Minister, depending on the priorities of the project.]
### 8. Accounts and audit.
(1) The concerned departments of the Central Government shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the profit and loss account and the balance-sheet in respect of allocations of their shares of fund in such form, as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Fund shall be audited by the Comptroller and Auditor-General of India at such intervals as may be specified by him.
Chapter III
[Management of Central Road and Infrastructure Fund]
[Substituted 'Management of Central Road Fund' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
### 9. [
[Substituted by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
The Central Government shall have the power to administer the Fund and shall -
(a) take such decisions regarding investment on projects of roads and other infrastructure as it considers necessary;
(b) take such measures as may be necessary to raise funds for the development and maintenance of the national highways and for the development of rural roads;
### 10. Functions of the Central Government.
- [(1) ]
[Section 10 renumbered as sub-Section (1) thereof by Act 18 of 2005, Section 121 (w.e.f. 13.5.2005).]
The Central Government shall be responsible for the
(i) administration and management of the share of Fund allocated to the development and maintenance of the [roads and other infrastructure]
[Substituted 'national highways' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
;
(ii) Co-ordination and complete and timely utilisation of all sums allocated out of the Fund;
[\*\*\*]
[Omitted '(iii) sanction of schemes for State roads of inter-State and economic importance in such manner as may be prescribed;' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
(iv) formulation of criteria on the basis of which the specific projects of State roads of inter-State and economic importance are to be approved and financed out of share of State roads;
(v) [ release of funds to the States for specific projects and monitoring of such projects and expenditure incurred thereon;
[Substituted by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
(vi) formulation of the criteria for allocation of the funds for development and maintenance of national highways and other infrastructure projects;]
(vii) allocation of share of funds to each State and Union territory specified in the First Schedule to the Constitution;
[\*\*\*]
[Omitted '(viii) allocation of' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
(a) fifty per cent. of the cess on high speed diesel oil for the development of rural roads in such manner as may be prescribed; and
(b) the balance amount of fifty per cent. of cess on high speed diesel oil and the entire cess collected on petrol as follows:
(i) an amount equal to fifty-seven and one-half per cent of such sum for the development and maintenance of national highways;
(ii) an amount equal to twelve and one-half per cent for the construction of road either under or over the railways by means of a bridge and erection of safety works at unmanned rail-road crossings;and
(iii) the balance thirty per cent. on development and maintenance of roads other than national highways and out of this amount, ten per cent. i.e.,three per cent of the total share of State roads shall be kept as reserve by the Central Government for allocation to States for implementation of State road schemes of inter-State and economic importance to be approved by The Central Government in terms of clauses (iii) and (iv) of this section.
(2) Notwithstanding anything contained in clause () of sub-section (1), the Central Government shall, with effect from the 1st day of March, 2005, allocate fifty paise from the amount of rupee two as amended by sections119 and 120 of the Finance Act, 2005 as the additional duty of customs and the additional duty of excise on petrol, levied under sub-section (1) of section103 and sub-section (1) of section 111, as the case may be, of the Finance(No. 2) Act, 1998 (21 of 1998) and the additional duty of customs and the additional duty of excise on high speed diesel oil levied under sub-section (1)of section 116 and sub-section (1) of section 133, as the case may be, of the Finance Act, 1999 (
[27 of 1999
), exclusively for the development and maintenance of national highways.]
[Inserted by Act 18 of 2005, Section 121 (w.e.f. 13.5.2005).]
### 11. Administration of States share of the Fund.
- [(1) The share of the Fund to be spent on development and maintenance of roads shall be allocated in such manner as may be decided by the Committee referred to in section 7A.]
[Substituted by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
[Provided that the Central Government may use the share of the Fund under sub-clause (a) of clause (vii) of section 10 for the repayment of any loan taken for the purpose of development of rural roads in any State or Union territory.]
[Inserted by Act 28 of 2007, Section 2 (w.e.f. 21.8.2007).]
(2) The portion of the Fund allocated for expenditure in the various States and Union territories shall be retained by the Central Government until it is actually required for expenditure.
(3) If in the opinion of the Central Government, the Government of any State or the administration of any Union territory has at anytime
(a) failed to take such steps as the Central Government may recommend for the regulation and control of motor vehicles within the State or the Union territory; or
(b) delayed without reasonable cause the application of any portion of the Fund allocated orre-allocated, as the case may be, for expenditure within the State or Union Territory ,
the Central Government may resume the whole or part of any sums which it may have at that time held in that State or the Union Territory .
(4) All sums resumed by the Central Government from the account of any State Government or Union Territory administration as aforesaid shall be re-allocated between the credit accounts of the defaulting and other State Governments and Union Territory administrations in the ratio of the main allocation for the financial year preceding the year in which the re-allocation is made.
(5) The balance to the credit of the Fund in respect of any allocation shall not lapse at the end of the financial year.
### 12. Power to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:
(a) specify [the type of projects]
[Substituted 'the projects' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
in respect of which the funds may be disbursed under section 7;
(b) the manner in which the accounts shall be maintained and the annual statement of accounts may be prepared including the profit and loss account and the balance-sheet under sub-section (1) of section8;
(c) the manner in which the schemes for development and maintenance of State roads of inter-State and economic importance are to be formulated and sanctioned [\*\*\*]
[Omitted 'under section 10' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
;
(d) any other matter for which rule is to be made, or may be prescribed.
### 13. Rules made under this Act to be laid before Parliament.
- Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament,while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be;so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
### 14. Provisions relating to existing Central [Road and Infrastructure Fund].
[Substituted 'Road Fund' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
- With effect from the appointed day the Central Road Fund governed by the Parliamentary Resolution dated the 13th May, 1988(hereinafter referred to in this section as the existing Fund) shall be deemed to be the Fund established under this Act and,
(a) all schemes relating to development and maintenance of national [highways, State roads and other infrastructure]
[Substituted 'highways and State roads' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
sanctioned under the existing Fund in so far as such schemes are relatable to the schemes under this Act,shall be deemed to be the schemes sanctioned under this Act;
(b) all funds accrued under the existing Fund including assets and liabilities shall be transferred to the Fund established under this Act.
### 15. Repeal and saving.
(1) The Central Road Fund Ordinance, 2000 (Ordinance 5 of 2000) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
The Schedule [I]
[Renumbered by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
(See section 3)
| | | |
| --- | --- | --- |
|
Sl.
No.
|
Name of Item
|
[\*\*\*]
[Omitted 'Rate of duty' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
|
|
(1) |
(2) |
[\*\*\*]
[Omitted '(3) ' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
|
|
1.
|
Motor spirit commonly known as petrol
|
[\*\*\*]
[Omitted 'Rupee one per litre' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
|
|
2.
|
High speed diesel oil
|
[\*\*\*]
[Omitted 'Rupee one per litre' by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
|
[Schedule II]
[Inserted by Finance Act, 2018 (Act No. 13 of 2018) dated 29.3.2018.]
[See section 7(1) ]
Category of projects and Infrastructure Sub-Sectors
| | | |
| --- | --- | --- |
|
Sl. No.
|
Category
|
Infrastructure Sub-Sectors
|
|
1.
|
Transport
|
(a) Road and bridges;(b) Ports (including
Capital Dredging);(c) Shipyards (including a floating or
land-based facility with the essential features of waterfront,
turning basin, berthing and docking facility, slipways or ship
lifts, and which is self-sufficient for carrying on
shipbuilding/repair/breaking activities);(d) Inland
Waterways;(e) Airports;(f) Railway Track, tunnels,
viaducts, bridges, terminal infrastructure including stations
and adjoining commercial infrastructure;(g) Urban Public
Transport (except rolling stock in case of urban road
transport).
|
|
2.
|
Energy
|
(a) Electricity Generation;(b) Electricity
Transmission;(c) Electricity Distribution;(d) Oil
pipelines;(e) Oil / Gas / Liquefied Natural Gas (LNG)
storage facility (including strategic storage of crude oil);(f) Gas pipelines (including city gas distribution network).
|
|
3.
|
Water and Sanitation
|
(a) Solid Waste Management;(b) Water supply
pipelines;(c) Water treatment plants;(d) Sewage
collection, treatment and disposal system;(e) Irrigation
(dams, channels, embankments, etc.);(f) Storm Water Drainage
System;(g) Slurry pipelines.
|
|
4.
|
Communication
|
(a) Telecommunication (Fixed network including
optic fibre/ wire/cable networks which provide
broadband/internet);(b) Telecommunication towers;(c)
Telecommunications and Telecom Services.
|
|
5.
|
Social andCommercial Infra
|
(a) Education Institutions (capital stock);(b)
Sports and Infrastructure (including provision of Sports Stadia
and Infrastructure for Academies for Training/Research in Sports
and Sports-related activities);(c) Hospitals (capital stock
including Medical Colleges, Para Medical Training Institutes and
Diagnostic Centres);(d) Tourism Infrastructure -(i)
three-star or higher category classified hotels located outside
cities with population of more than one million;(ii) ropeways and cable cars;(e) Common infrastructure for
industrial parks and other parks with industrial activity such
as food parks, textile parks, special economic zones, tourism
facilities and agriculture markets;(f) Post-harvest storage
infrastructure for agriculture and horticulture produce
including cold storage;(g) Terminal markets;(h)
Soil-testing laboratories;(i) Cold chain (including cold
room facility for farm level precooling, for preservation or
storage of agriculture and allied produce, marine products and
meat);(j) Affordable Housing (including a housing project
using at least 50% of the Floor Area Ratio (FAR) /Floor Space
Index (FSI) for dwelling units with carpet area of not more than
60 square meters.
|
|
|
|
Explanation.- For the purposes of the
item (j) , the term "carpet area" shall have the
meaning assigned to it in clause (k) of section 2 of the Real
Estate (Regulation and Development) Act, 2016 (
16 of 2016
).".
|
|
65b90048ab84c7eca86e823c | acts |
State of Mizoram - Act
------------------------
Mizoram Home Guard Rules, 2010
--------------------------------
MIZORAM
India
Mizoram Home Guard Rules, 2010
================================
Rule MIZORAM-HOME-GUARD-RULES-2010 of 2010
--------------------------------------------
* Published on 12 May 2010
* Commenced on 12 May 2010
Mizoram Home Guard Rules, 2010
Published vide Notification No. A.1201811I03-HM (BG) , dated 12.5.2010
Last Updated 18th February, 2020
Notification No. A.1201811I03-HM (BG) . - In exercise of the powers conferred by the proviso under section 13 of the Home Guard Act 1985, and to give effect to the various provision of the said Act, the Governor of Mizoram is pleased to make the following rules,'namely :-
Part-l
### 1. Short title, Extent and commencement.
(1) These Rules may be called the Mizoram Home Guard Rules, 2010.
(2) It extends to the whole of the state of Mizoram
(3) It shall come into force from the date of its publication in the Mizoram Official Gazette.
### 2. Definitions.
- In these Rules, unless the context otherwise requires;
(a) "Act" means the Home Guards Act 1985 enacted by the Government of Mizoram;
(b) "Commandant General" means the Commandant General of the Mizoram Home Guards appointed under sub-section (3) of Section (3) of this Act;
(c) "Commandant CTI" means the Commandant, Central Training Institute oft he Mizoram Home Guards;
(d) "Commandant" means the District Commandant of the Mizoram Home Guards appointed under Sub Section2 ofSection3 of this Act,
(e) "Compendium" means the Home Guards Compendium of Instructions issued by the Ministry of Home Affairs, Government of India.
(f) "Government" means the Government of Mizoram;
(g) "Home Commissioner" means a person appointed as Home Commissioner or Home Secretary by the Government of Mizoram;
(h) "Home Guard" means the Home Guards constitute under sub-section 1 of Section 3 of this Act, Home Guard Act 1985;
(i) "Home Guard Volunteer" means a person appointed as such under Sub-Sec 1 of Section 4 of this Act.
Part-II
### 3. Engagement of Rome Guard Volunteers.
- A. Subject to the approval of the Commandant General, the Commandant CTI and District Commandant may appoint persons who are fit and willing to serve as Home Guards Volunteers.
B. No person shall be engaged as a Home Guard Volunteers unless he or she-
(i) is an indian citizen;
(ii) has attained the age of 18 years but not more than 50 years;
(iii) has passed Class VIII Examination;
(iv) has a minimum height ofl68 centimetres and a chest measurement of84 centimetres at normal and 89 centimetres when expanded. However, for candidates belonging to the Scheduled Castes! the Scheduled Tribes whose average height is distinctively lower, the minimum height shall be 163 centimetres with a minimum chest measurement of 79 centimetres at normal and 84 centimetres when expanded. In respect of female candidates, the minimum height shall be 157 centimetres with minimum weight of 45 kgs;
(v) has been medically examined in accordance with the directions.of the Commandant General and shall be of sound health, physically and mentally;
Provided that, the above conditions mentioned in clause (ii) , (iii) and (iv) may be amended by the Government from time to time.
### 4. Application for Enrolment.
- A person desiring to be enrolled as a Home Guard Volunteer shall make an application in form 'A'
### 5. Pledge.
- Every person before his or her enrolment as a Home Guard Volunteer shall sign a pledge in form 'B' before the Commandant General or an Officer authorized by the Commandant General for this purpose.
### 6. Certificate.
- Every person appointed as a Home Guard Volunteer shall receive a certificate of appointment in form 'C'
### 7. Term of office.
- The term of service of a Home Guards Volunteer shall ordinarily be three years which may be extended by the Commandant General unless the member attains the maximum age limit for service specified under this rule.
### 8. Age limit for a member of the Home Guards.
- The age group for initial recruitment to the Home Guards,should be 18-50years, and will serve till he/she attains the age of60 years provided that the Commandant General may have the power to relax the maximum age limit in exceptional cases.
### 9. Conditions of discharge.
- (i) Commandant CTI or the District Commandant may discharge a Home Guard Volunteer at any time subject to the approval of the Commandant General before the expiry of the term of service.However, no Home Guard Volunteer shall be discharged under Section5 and Section 11 (1) and (2) of the Act unless the Commandant General is satisfied that such Volunteer has committed an act detrimental to the good order, welfare or discipline of the Home Guards Organization. Further,such discharge order is to be issued only after sue inquiry is conducted and reasonable opportunity is given to the delinquent Volunteer and a copy of such order is to be furnished to the Volunteer whose service has been terminated.
(ii) No appeal for re-enrolment in the department shall be considered unless it is preferred within 6 (six) months from the date of dismissed/discharge.
### 10. Resignation.
- A Home Guard Volunteer may resign by submitting a written application addressed to the Commandant General or the Commandant CTI,who will forward such resignation to the Commandant General for acceptance.
Provided that such resignation shall not take effect unless the Commandant General, whose decision is final, accepts the same after being satisfied that there are good and sufficient reasons for the same.
### 11. Powers of the Commandant General.
- (i) The Commandant General shall exercise general supervision and control over the working of the Home Guards. He shall be directly responsible to the Home Commissioner for the efficient working, discipline, administration and training of the Home Guards organization.
(ii) Subject to the supervision and control of the Commandant General,the Commandant CTI and the Commandant shall exercise supervision and control over the working of the Home Guards under their Command.
### 12. Discipline.
- (i) A Home Guard Volunteer shall obey every order of his superior officer.
(ii) For the purpose of administration and discipline,the Home Guard Volunteers shall be under the control of their immediate supervising officers;
Provided that, if a contingent of Home Guards is acting in conjunction with the ordinary Police force in the maintenance of Law and Order, the senior officer of such contigent present shall be under the immediate control and subject to the discretions of the senior officer of such Police force present not below the rank of an Inspector as empowered under section 9 of the Act.
### 13. Uniform, accoutrements, etc.
- A home Guard Volunteer shall, while on duty wear the uniform supplied to him or her which is approved by the Government, Unless specified by the Government, the uniform of Home Guard Volunteers shall be in conformity with the specifications provided by the Compendium. A Home Guard Volunteer may also carry Arms and Ammunition or any other weapon sanctioned and authorized by the Government.
### 14. Training.
- The Home Guard Volunteers shall undergo a Basic Course of training of six months at the Central Training Institute and will also attend Advanced and Refresher Course and Pre-Promotion course as maybe determined by the Commandant General.
### 15. Functions and duties.
- The function and duties of Home Guard Volunteers shall ordinarily consist of:
(i) Guarding of Government building and vital installation.
(ii) Assisting the civil Police Force in enforcing the maintenance of lawand order when they are requisitioned for the purpose.
(iii) Home Guards Volunteers shall be liable to serve in any part of Mizoram or India during a period of three years.
(iv) Performing such other duties as maybe assigned from time to time by the Commandant General.
A. Home Guard Volunteer' Welfare :-
(A) Leave. - A Home Guard Volunteer shall be entitled to avail with wages as shown below:-
(i) Out Pass for a maximum of 8 days during a calendar year.
(ii) Paternity Leave for a maximum period of 15days and Maternity Leave for a maximum period of 45 days with less than two surviving children.
(iii) Leave on Medical Ground for not more than 30 days in a year.
(B) Incentive to Home Guard Volunteer for employment in Government services - The Department of Personal and Administrative Reform had issued detailed instructions to Central Ministries and Departments on the question of giving preference to Home Guard and Civil Defense Volunteers having three years service and requisite training in those posts in Group 'C' and '0' where such experience would be an added advantage for efficient performance of duties, vide letter No.14034/5/82-Estt dated 5.11.1983. The above circular was forwarded to state governments under Ministry of Home Affair's letter No.VI-31011/l/81-DGCD(HG)dated 17.1.84 and29.9.93 with the request that State Government may also consider issuing similar instructions in the matter and that copies of the instructions issued may be forwarded to the Home Ministry. In light of the above, employment of Home Guard Volunteers in various uniformed cadres is as given below-
| | | | |
| --- | --- | --- | --- |
|
(i) |
Police
|
-
|
10%
|
|
(ii) |
Excise and Narcotics
|
-
|
5%
|
|
(iii) |
Environment and Forest
|
-
|
5%
|
|
(iv) |
Prisons
|
-
|
5%
|
C. Compensation. - If a Home Guard Volunteer lost his life or suffers injury to his person or damage to his property from insurgents or anti-social elements while under training or on the discharge of official duty he or she shall be paid Ex-gratia grant of Rs. 1,00,000.00 (One lakh).
D. Ex-gratia grant for Funeral Expenses. - Home Guard Volunteers who died while on duty shall be entitled to receive ex-gratia grant of Rs. 5,000/- for funeral expenses.
E. Rewards. - Rewards are given for outstanding acts of good work and not for the execution of one's duty. Rewards maybe monetary, a commendation or appreciation. Rewards, being recognition for good work done,acts as incentive and encouragement for further good work.Grant of any cash reward is subject to the condition that funds are available in the budget.
(i) Power of granting rewards. - The Commandant CTI and Commandant shall be competent to grant a reward o upto Rs. 500,Deputy Commandant General upto Rs, 1,000 and Commandant General upto Rs. 2,000.
F. Orderly room. - The Orderly Room gives an opportunity to individual Home Guard Volunteers to represent their grievances to the Commandant CTI or the District Commandant, which ever applicable. They are expected to take immediate remedial measures in sofar as it lies with in their competence. All Home Guard Volunteers should feel free to express their grievances to the concerned officer following the procedure prescribed or accepted.
G Medical facilities. - Free medical care is provided to all Home Guard Volunteers at the Central Training Institute. In Addition, the Medical Officer of the Mizoram Home Guard sis also to provide free medical consultation at Mizoram Home Guards Headquarters for the Volunteers and their family members at least once in a month. ,
H. Recreational facilities. - To relieve the stress and strain and boredom of Home Guard Volunteer duties, amenities like television and in door game facilities must be provided at the various deployments including all company and platoon headquarters.
L Home Guard Volunteer Welfare Fund. - Welfare Fund for the Home Guard Volunteers should be raised by contribution by all employees of the Mizoram Home Guards including the Volunteers themselves. The amount to be contributed by each individual will be as fixed by the Commandant General from time to time and which will be acceptable by all.
J. Sports. - Organization of sports shall be deemed an important part of welfare measure for the Home Guard Volunteers. It is essential for building up teams pirit and teamwork.When ever possible, participation in sports activities at the various disciplines should be encouraged.
Vanhlela Pachuau,Secretry to the Government ofMizoram,Department of Personnel & Administration Reforms.
Form 'A'
(See Rule 4)
To,
The Commandant CTI or the District Commandant,
Mizoram Home Guards, Aizawl.
I am desirous and keen to be enrolled as Home Guard Volunteer in the Mizoram Home Guards. My particulars are as under-
| | | | |
| --- | --- | --- | --- |
|
1.
|
Name in full (in block letter)
|
:
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
2.
|
Father's Name (in block letter)
|
:
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
3.
|
Next of kin (Rokhawmtu) |
:
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
4.
|
Date of birth
|
:
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
5.
|
Age at the time of application
|
:
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
6.
|
Present Address
|
:
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
7.
|
Permanent Address
|
:
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
8.
|
Post Office/Police Station
|
:
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
9.
|
Educational Qualification
|
:
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
10.
|
Any other qualification (Sport/Ex-Service/Police
& others)
|
:
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
11.
|
Identification Mark
|
:
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
12.
|
Height
|
:
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
13.
|
Chest
|
:
|
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
Signature of Applicant
Form 'B'
(See Rule 5)
Pledge
I,....son off daughter of.....resident of.......... do hereby solemnly declared and affirm that, I will truly serve as a Home Guard Volunteer without favour or affection, malice or ill-will, declared communal or political bias, for a period of three years from the date of appointment including the period spent or training any time or any place in India during a period of three years.
Place: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Signature
Form 'C'
(See Rule 6)
Certificate of Appointment
Shri /Smt...........son of/daughter..............of and resident of.......... has been appointed as a Home Guard Volunteer under section 4 (3) of the Home Guards Act 1985. When lawfully on duty, he/she shall have the same powers, privileges and protection as an officer of police appointed under any enactment for the time being in force.
| | |
| --- | --- |
|
Place: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
Date of appointment \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
Date: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
Signature and Seal of the precribed authority
|
|
65ba6139ab84c7eca86eb1b0 | acts |
State of Tamilnadu- Act
-------------------------
The Coimbatore City Municipal Corporation Water Supply By-Laws, 1990
----------------------------------------------------------------------
TAMILNADU
India
The Coimbatore City Municipal Corporation Water Supply By-Laws, 1990
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Rule THE-COIMBATORE-CITY-MUNICIPAL-CORPORATION-WATER-SUPPLY-BY-LAWS-1990 of 1990
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* Published on 21 March 1990
* Commenced on 21 March 1990
The Coimbatore City Municipal Corporation Water Supply By-Laws, 1990
Published vide Notification ROC. No. 38279184IWSLI
SRO No. C-24/90. - The following by-laws framed under section 432 of the Coimbatore City Municipal Corporation Act, 1981 (Tamil Nadu Act
25 of 1981
), published in Part III, Section 2 of Tamil Nadu Government Gazette, dated 21st March 1990 are confirmed by the council in its resolution No. 532, dated the 23rd August 1990. These by-laws are hereby published for general information under section 438(1) (a) and they will take effect after three months from the date of publication.
In accordance with the Coimbatore City Municipal Corporation Act, 1981, under sections 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204 and 205 so as to maintain, manage and regulate the present water-supply system, for safe and pollution free water-supply, regulating the house service connections from the main feeder pipe lines, ownership transfer, repair and maintaining them in good and safe condition, for proper water-supply to domestic uses, for the use of non-domestic and any purpose other than drinking uses for the development and proper management of drinking water-supply system, for the purpose of making compulsory saving of drinking water in cistern, for the purpose of supply of water to fire accidents and any other contingencies, etc. for testing, checking, monitoring and regulate water-supply house service connections and other water-supply pipes for other purposes belonging to private and public properties, for stoppage of water-supply of house services and all other connections and for penalising and publishing for the irregularities noted in usage of such connections in these by-laws are framed.
### 1. Title.
- This shall be called the Coimbatore City Municipal Corporation Water Supply By-laws, 1990.
### 2. Extent of application.
- This applies to all water supplies effected by the Coimbatore Municipal Corporation from sources maintained by the Corporation or by the Tamil Nadu Water Supply and Drainage Board on its behalf.
### 3. Definition.
- (i) The "Corporation" means the Municipal Corporation of Coimbatore;
(ii) "The Tamil Nadu Water-Supply and Drainage Board" means the Board, constituted under the Tamil Nadu Water Supply and Drainage Board Act, 1970 (Tamil Nadu Act 4 of 1971);
(iii) "domestic connection" means supply of water from the Corporation's water supply distribution mains to dwelling houses.
(1) Supply of water to recognised schools and colleges are classified under this bye-law.
(2) Excludes items classified under non-domestic commercial and industrial items as defined below.
(iv) "non-domestic connection" means supply of water for the purposes other than to dwelling houses.
(1) When water supplied for 'domestic' purposes is utilised for construction, repairs, etc., the same will be under 'non-domestic'.
(2) When water supply for domestic purpose is utilised for construction, repairs, the field staff of Corporation shall charge tariff from earlier reading rate into non-domestic tariff. On completion of construction, connection holders shall apply to the Commissioner in writing and obtain written orders for reconversion into domestic, after satisfying the correctness of the use of water for domestic purpose.
(3) Supply of water to lodging houses, Government, Quasi-Government, private offices, hospitals, dispensaries, club etc., will be classified under this tariff.
(v) "commercial connection" means supply of water to any building where business or commercial activities are conducted;
This includes supply of water to hotels, tea shops, coffee houses, cinema theatres and other business premises.
'Bulk supplies' effected to all establishment, buildings, etc., are also classifiable under this including supplies to railways, defend establishment, multi-storied constructions.
(vi) "industrial connections" means supply of water to industrial establishment, licensed under Industrial Act or 'Factories Act' including soda factories, ice factories, cottage industries, rice mills, etc.
(1) All connections not classified under 'domestic', 'non-domestic' and 'commercial' connections are to be classified under industrial connection.
### 4. Eligibility.
- (i) Each building for which property tax is assessed, and whose annual rental value is above Rs. 120 (Rupees one hundred and twenty only) is eligible for a separate connection.
(ii) Connection shall be given to the owner/ occupier of the building against a written application agreeing to abide by the water supply by-laws.
(iii) Domestic connection may be given to such occupied tenant who deposits a sum of Rs. 500 (Rupees five hundred only) as special deposit in addition to the normal deposit payable under this by-laws. This special deposit should be paid into the Corporation Treasury at the time of making the application and the challan be enclosed with the application.
(iv) Connections shall be given only on depositing the centage charges at 10 per cent of the estimated cost of work where the work is executed by the licensed person (by the Corporation) when the work is executed through the Corporation staff.
(v) In all the above cases, all the arrears of property tax pertaining to the building should have been cleared before applying for water supply connection.
(vi) The connection shall be sanctioned on an application appended to bylaws available at a cost with the Corporation office.
### 5. Rates of water charges.
- The following shall be the rates at which, the water-supply will be made, (i) Domestic-
(a) Each supply connection shall be eligible for a free allowance of 100 litres per day.
(b) The consumption water in excess of free allowance shall be charged at Rs. 1.75 paise (Rupee one and paise seventy-five) for every 1,000 (one thousand) litres or part thereof.
(c) The monthly minimum charge shall be Rs. 10 (Rupees ten only).
(d) The supply shall be on meter basis.
(ii) Non-domestic and commercial-
(a) No free allowance.
(b) Every 1,000 (one thousand) litres or part thereof shall be charged Rs. 6 (Rupees six only).
(c) Minimum monthly charges shall be Rs. 40 (Rupees forty only) for each connection.
(d) The supply shall be only under meter basis.
(iii) Lorry supply. - The Commissioner of Corporation shall decide the rates at which water be supplied by lorries owned by the Corporation or to lorries or carts brought by the parties.
(1) The Council of Corporation reserves the right to change or revise or modify the above rates from any date.
(2) There shall be no remission for non-usage, etc., for three months.
### 6. Computed consumption.
- When the reading of the meter cannot be taken, either due to non-working of the meter or due to its loss, charges at rates on average of three previous periods (when meter was working) shall be recovered.
### 7. Deposits.
- (i) Rich of water-supply connection holder in the Corporation limit has to remit deposit as below, after the coming into force of this by-laws.
(a) Rs. 100 (Rupees one hundred) for domestic connections.
(b) Rs. 600 (Rupees six hundred) for commercial connections and non-domestic connection.
(c) Rs. 1,000 (Rupees one thousand) for industrial connections.
(ii) This deposit is repayable to the depositor at the time of permanent disconnection.
(iii) When the ownership of the property (domestic, non-domestic/ commercial/ industrial) changes, the deposit will also be transferred in the name of new owner on application.
(iv) The Corporation reserves the right to change or to revise the rates of the above deposits.
(v) The above deposits shall bear no interest.
### 8. Payment of water charges.
- The water charges shall be paid to the Corporation within fifteen days from the date of reading the, meter and recording the same in spot bill-meter card, indicating the amount due.
In respect of Government offices, the charges are payable on receipt of demands, within 15 days.
### 9. Disconnection.
- The Commissioner of the Corporation shall be at liberty to cut off water-supply without giving prior notice for the following reasons:-
(i) For non-payment of water charges within the stipulated time of 15 days.
(ii) For the non-payment of property tax.
(iii) For unhygienic maintenance of the supply system so as to endanger the public at large.
(iv) For not maintaining the meter properly.
(v) For not replacing the meter, when it is not working.
(vi) If the water supplied is mis-used, wasted or sold.
(vii) If mechanical device or hand pump, electrical pump is used to draw water directly from the pipe line.
(viii) If obstruction is made by any means to the inspection by Corporation employees of meter and pipe lines.
(ix) If unauthorised extension of pipe line is made.
(x) For unauthorised alteration of the pipe line.
The Commissioner of Corporation shall not be liable for any damage arising out of such disconnection of the water-supply connection.
### 10. Re-connection.
- Re-connection of service connection after coming into force of this by-laws, shall be allowed only-
(i) on payment of penalty of Rs. 50 (Rupees fifty) on each occasion of disconnection and re-connection;
(ii) on payment of a deposit as required under this by-laws when there was no deposit for the connection previously;
(iii) on payment of all arrears of property tax (when disconnection is made on this account).
### 11. Exemption.
- Water-supply connections to institutions owned, controlled and managed by Corporation shall be.only on tap basis for domestic purposes and at commercial rates on meter basis for non-domestic purposes.
### 12. Water-supply to mosques, churches and temples or any other places of worship.
- (i) This shall be only for drinking purposes and shall be regulated as under domestic supply, but without free allowance to compensate for loss in water cess element in property tax.
(ii) The management of these institutions shall pay all the charges estimated for the installation of supply connection and the water charges.
### 13. Regulation of water flow.
- (i) Each water-supply connection be with a separate pipe connection controlled by a "Screw down" ferrule and a stop-cock suitably throttled to regulate the rate of flow, as considered fit by the Commissioner of Corporation.
(ii) The diameter and character of the service connection, pipes and the number, size and kind of stop-cocks or taps shall in each case can be determined by the Commissioner of the Corporation having regard to the pressure available at the point of off-take in the main, distance of premises to be served from the main and any other relevant facts. In every case, the diameter of the bore in water-plain shall be quarter inch (¼) less than that of the service pipe except that in the case of half-an-inch (½) service pipe the diameter of the bore shall be 3/8. All the taps in house service shall be of the screw down-type or other approved by the Municipal Corporation Engineer and their size shall not in any case exceed (half-an-inch) (½).
### 14. Temporary connection.
- Temporary connection will not be given as of routine. The Commissioner of the Corporation may permit temporary connection when he is satisfied that there will be a temporary congregation of people, viz., exhibition, circus, religious function, etc., and that there exists no facility to obtain and store supply through tankers.
In such cases, where temporary connection is considered essential by the Commissioner of the Corporation, the charges for the work be estimated and collected along with 10 per cent centage charges.
(i) The minimum charges shall be Rs.100 (Rupees one hundred only),
(ii) The supply shall be only on commercial tariff.
(iii) The maximum period for which the temporary connection can be given is 60 (sixty) days.
### 15. Metering of the system.
- (i) All connection shall be metered.
(ii) Where the existing connection is on tap system, the same should be converted forthwith into metered system. This shall not apply to buildings owned by Corporation.
(iii) When the meter is supplied by the Corporation a monthly rent of Rs. 5 (Rupees five) shall be collected towards hiring charges.
(iv) The meter shall be under the lock and key of the owner/ tenant.
(v) The meter shall be read and recorded at intervals as decided by the Commissioner of the Corporation.
### 16. Conditions of supply.
- (i) All tapes, fittings, etc., of water, supply connection shall be so fixed as to afford facility for easy inspection by inspecting authorities of the Corporation. Every house owner or occupier shall afford all facilities for such inspection.
(ii) No tap of any service connection shall be allowed in such a position as to render it liable to become submerged by water or be in a position where the spill or wash water cannot be discharged by gravitation to the nearest Corporation ditch or drain.
(iii) Every service connection shall be maintained in good conditions and be repaired, when necessary, at the cost of the consumer.
(iv) Water from domestic connection shall not be used for non-domestic purpose including for construction or extension or additional construction, etc., without express permission of the Executive Authority.
(v) No person shall-
(a) permit or cause to break the seal of the lock on the meter or break the glass on the dial or open the meter or alter the index of any meter or prevent any meter from duly registering the quantity of water supplied, or
(b) abstract or use water before it has been registered by a meter set up for the purpose of measuring the same, or
(c) permit or cause the meter to be stolen or be damaged so that the meter may not duly register the quantity of water supplied.
(vi) The owner or occupier of the premises in which the meter is installed should be held responsible for the proper compliance of these by-laws and such person shall, without prejudice to such action as maybe taken against him for breach of the law, be held responsible to indemnify the Corporation for the cost of the new meter when the meter is fixed by the Corporation.
### 17. Power of the Corporation.
- (i) The Corporation reserves to itself the right to exempt any service connection from adherence to provisions of these rules.
(ii) The Corporation shall, with the concurrence of the Government, have the powers to amend, modify or revise these bye-laws.
(iii) The Commissioner of the Corporation may, at any time, remove any fitting connected with any service connection for the purpose of examining the condition of it or for repairing such fittings.
(iv) Notwithstanding anything contained in the bye-laws that may previously be in force on the day the aforesaid by-laws take effect, the Corporation shall have powers to make all service connections granted prior to these by-laws confirm to the bye-laws as adopted or as amended, from time to time.
(v) Notwithstanding anything contained in the by-laws, the Corporation reserves the right to supply water either by lorry load or in carts to any one at such rates as maybe fixed by the Commissioner of Corporation, from time to time.
(vi) All service connections in existence on the date of coming into force of these by-laws shall be recognised valid as though they had been granted under these by-laws and subject to the rates in the by-laws from the date of these bylaws coming into force.
(vii) The Commissioner of the Corporation may direct that any private latrine, urinal or water closet which is connected for water from Corporation waterworks, shall be provided with a cistern of such size to description and be located in such a position as he may decide.
### 18. Special Powers.
- (i) The Commissioner of the Corporation reserves to himself the right to cut all water-supply for domestic or non-domestic, commercial or industrial purposes after giving 24 hours notice, if in his opinion, there is any scarcity of water at the sources or there is any danger to public health.
(ii) The Commissioner of the Corporation shall have powers to cut off, after giving 24 hours notice to the owner or occupier, any supply of any kind which, in his opinion, is misusing the supply or when any fittings are wilfully or negligently damaged.
(iii) In case of disconnection, neither the Corporation nor the Commissioner of the Corporation shall be liable for any damage.
### 19. Right to appeal.
- Any party aggrieved by the decision of the Commissioner of the Corporation under this by-laws will have a right of appeal to the Council of the Corporation whose decision thereon shall be final and binding.
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65b90475ab84c7eca86e8280 | acts |
State of Sikkim - Act
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Sikkim, Housing and Development Board Act, 1979
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SIKKIM
India
Sikkim, Housing and Development Board Act, 1979
=================================================
Act 20 of 1979
----------------
* Published on 23 June 1985
* Commenced on 23 June 1985
Sikkim, Housing and Development Board Act, 1979
(Act
No. 20 of 1979
)
Last Updated 18th February, 2020
[Dated 13th November, 1979]
An Act to provide for the constitution of a housing and Development Board for Sikkim and for matters connected therewith or incidental thereto;
Whereas it is expedient to make provisions for the constitution of a Housing and Development Board for Sikkim and for matters connected therewith or incidental thereto;
It is hereby enacted in the Thirtieth Year of the Republic of India by the Legislature - of Sikkim as follows;
Chapter I
Preliminary
--------------------------
### 1. Short title and commencement.
(1) This Act may be called the Sikkim Housing and Development Board, Act, 1979.
(2) It shall come into force at once.
### 2. Definitions.
- In this Act unless there is anything repugnant in the subject or context;
(1) "Board" means the Sikkim Housing and Development Board constituted under section 3
(2) "Board premises" means any' premises belonging to or vested in the Board' or taken on lease by the Board or entrusted to the Board, for management and use, for the purpose of this Act;
(3) "building materials" means such commodities or articles as are specified by the State Government by notification in the Official Gazette to be building materials for the purposes of this Act;
(4) "bye-laws" means bye. laws, made by the Board under section 36;
(5) "Chairman" means the Chairman of the Board;
(6) "Corporation" means the' Municipal Corporation of Gangtok;
(7) "housing scheme" means a housing scheme made under this Act [and includes residential, rental, commercial and cash loan housing schemes]
[Inserted by Act No. 15 of 2000, dated 30.6.2000.]
;
(8) "land" includes benefits to arise out of land and things attached to' the earth or permanently fastened to anything attached to the earth;
(9) "Land Acquisition Act" 'means the Land Acquisition Act, 1894 or the Sikkim Land (Requisition and Acquisition) Act, 1977;
(10) "member" means a member of the Board and includes the Chairman;
(11) "Municipality" means the Gangtok Municipal Corporation;
(12) "premises" means any land or building, or part of a building and. includes;
(i) gardens, grounds and out-houses, if any, appurtenant 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;
(13) "prescribed" means prescribed, by rules made under this Act;
(14) "regulations" means regulations made by the Board under section 35;
(15) "rules" means rules made by the State Government under section 34;
(16) "Secretary" means the Secretary. Sikkim Housing and Development Board appointed under section 6;
(16a)
[ "State Government" means the Government of Sikkim.]
[Inserted by Act No. 15 of 2000, dated 30.6.2000.]
(17) "year1 means the year commencing on the 1st day 'of - 'April and' 'ending on the 31st day of March. -
Chapter 11
Establishment of the Board
------------------------------------------
### 3. Constitution of the Board.
(1) The State Government shall, by notification in the Official Gazette, constitute for the purposes of this Act a Board by the name of the Sikkim Housing and Development Board.
(2) The Board shall be a body corporate having perpetual succession and a common seal and may sue and be sued its corporate name and shall be competent to acquire and hold property both movable and immovable, enter into contract and do all things necessary for the purposes of this Act.
(3) [ The Board shall be deemed to be local authority for the purposes of this Act, the Land Acquisition ACt, the Sikkim Public Premises (Eviction of Unauthorised Occupants and Rent Recovery )Act, 1988.]
[Substituted by Act No. 15 of 2000, dated 30.6.2000.]
### 4. Members of the Board.
(1) The Board, shall consist of a Chairman who shall be the Minister-in-Charge of the [Urban development and Housing Department]
[Substituted by 'Local Self Government and Housing Department' Act No. 15 of 2000, dated 30.6.2000.]
of the State Government [or any other person so appointed by the State Government]
[Inserted by Act No. 3 of 1985, dated 23.6.1985.]
and the following other members, that is to say,
(i) Secretary, Finance Department.
(ii) [ Secretary, Urban dEvelopment and Housing Department.
[Substituted by Act No. 15 of 2000, dated 30.6.2000.]
(iii) Secretary, Rural dEvelopment Department.
(iv) Commission-ere -cum-secretary, Planning and Development department.
(v) Principal Chief Engineer -cum- secretary, Building and Housing Department.
(vi) Secretary , Sikkim Housing and development Board.
(vii) Any other professional, technical or eminent person whose expert experience may be useful to the Board to be nominated by the Government for such time as maybe specified in this behalf.]
(2) Whenever for any reason there is a temporary vacancy in the Office of the Chairman or if the Chairman is, due to infirmity or otherwise, unable to carry out his duties, the State Government may appoint a person to act as Chairman for such period as may be necessary and while so acting the person so appointed shall be deemed to be the Chairman for all purposes of the Act.
(3) Every member, other than the Chairman, shall receive such allowances, if any, as may be prescribed,
### 5. Proceedings presumed to be good and valid.
- No disqualification or defect in the appointment of any person acting as Chairman or any other member shall be deemed to vitiate any act or proceeding of the Board, if such proceeding is otherwise in accordance with the provisions of this Act.
### 6. Officer and other staff.
(1) The Board shall have a Secretary, who shall be the Chief Executive Officer and one or more Assistant Secretaries, and such other officers and employees as the Board may consider necessary for the efficient performance of its functions.
(2) The appointment of the Secretary shall be made by the State Government and the appointment of other officers and employees of the Board shall be made by the Board:
Provided that the Board shall not appoint any Officer in a scale of pay [which exceed lowest scale payable to a Group B Employee of the State Government]
[Substituted by 'the maximum of which exceeds one thousand rupees a month' Act No. 15 of 2000, dated 30.6.2000.]
, without obtaining the previous sanction of the State Government.
(3) [ The pay, allowances leave and other benefits of the employees of Board shall be regulated by the rules relating to such pay, allowances , leads and other benefits framed by the State Government for its employees from time to time or any other rules as maybe framed and adopted by the Board.]
[Inserted by Act No. 15 of 2000, dated 30.6.2000.]
### 7. Powers and duties of the Secretary and other officers.
(1) The Secretary and other officers shall perform such duties as may be assigned to them by the Board.
(2) The Board may, from time to time, by order delegate, under such restriction, if any as it may think! fit to impose, any of its powers conferred on it by this Act, to the Secretary and to other officers of the Board specified in the order.
### 8. Employment of staff of the State Government.
(1) The Board shall take over .and- employ such staff of the State Government in the Housing and other Departments as the State Government may make available and every person so taken over and employed shall be subject to the provisions of this Act and the rules and bye-laws made there under:
Provided that during the period of such employment any matters relating to the pay, allowances, leave, retirement, pensions, provident fund and all other terms and conditions of service of the members of the said staff shall be regulated by the Sikkim Service Rules or such other rules on the subject as may from time to time be made by the State Government.
(2) All permanent Government servants taken over and employed by the Board under sub-section (1) shall have a lien on their posts in the service of the State Government and the period of their service under the Board, shall 'on their reversion to the service of the State Government, be counted for their promotion, increments, pension and other matters relating to their service.
(3) [ Subject to the provisions of sub-section (1), no officer or other employees except the Secretary of the Board, shall be appointed or deputed by the State Government, without the consent of the Board. The Board shall have right not to accept the appointment or deputation of any officer and staff made by the State Government without the consent of the Board.]
[Inserted by Act No. 15 of 2000, dated 30.6.2000.]
### 9. Meetings of the Board.
- The Board shall 'meet and shall from time to time make such arrangements with respect to the day, time, notice and adjournment of its meetings as it thinks fit, "subject to the following conditions, namely
(a) an ordinary meeting shall be held at least once in every [three]
[Substituted by 'two' Act No. 15 of 2000, dated 30.6.2000.]
months;
(b) the Chairman, may, whenever he thinks fit, call a special meeting;
(c) the quorum for every meeting shall be four:
Provided that when a meeting has been adjourned to another date for want of quorum no quorum shall be necessary in the case of the adjourned meeting;
(d) every meeting shall be presided over by the Chairman and in the absence of the Chairman by any member chosen by the members present;
(e) all questions at any meeting shall be decided by a majority of the members present and in case of equality of votes, the person presiding shall have and exercise a second or casting vote;
(f) the minutes of the proceedings of each meeting shall be recorded in a book to be provided for the purpose.
### 10. Execution of contracts.
(1) Every contract made by the Board shall be entered into in such manner and in such form as may be prescribed and be signed by the Chairman on behalf of the Board:
Provided that
(a) no contract involving; an expenditure of rupees [fifty lakhs]
[Substituted by 'five lakhs' Act No. 15 of 2000, dated 30.6.2000.]
or more shall be made without the previous sanction of the State Government;
(b) and contract involving expenditure up to rupees [five lakhs]
[Substituted by 'fifty thousand' Act No. 15 of 2000, dated 30.6.2000.]
may, in case of urgency, be made by the Chairman without the previous sanction of the Board but shall be referred to the Board at the earliest opportunity.
(2) Sub-section (1) shall apply to every variation or abandonment of a contract as well as to an original contract [subject to adherence for overall limits of variation with in the Scheme as provided under the proviso to section19 of this Act.]
[Added by Act No. 15 of 2000, dated 30.6.2000.]
### 11. Delegation of Board's power to sign contracts.
- Subject to any rule which the State Government may make in this behalf,' the Board may by order direct that the power to sign a contract shall be exercisable also by the Secretary or any other officer specified by it in the order.
Chapter III
Housing Schemes
--------------------------------
### 12. Powers and duties of Board to undertake housing schemes.
(1) Subject to the provisions of this Act, the Board may, from time to time, incur expenditure, and undertake works for the framing and execution of such housing schemes in relation to lands and buildings vested in or in the possession of the State Government [including implementation of cash loan schemes and may also incur expenditure for such housing scheme on any other land as the State Government may deem fit]
[Added by Act No. 15 of 2000, dated 30.6.2000.]
.
(2) The State Government may, on such terms .and conditions as it may think fit to. impose, entrust to the Board the framing and execution of any housing scheme and the Board shall thereupon undertake the framing and execution of such scheme.
(3) The Board may, on such terms and conditions as may be agreed upon [\*\*\*]
[Deleted by 'and with the previous approval of the State Government' Act No. 15 of 2000, dated 30.6.2000.]
, take over for execution any housing scheme, on behalf of a local authority or co-operative society, or on behalf of an employer, for building, house property, mainly for the residence of the employees of such local authority, co-operative society or employer or for the residence of the members of such co-operative society, as the case may be [or any other commercially profitable construction Scheme on a turn key basis.]
[Added by Act No. 15 of 2000, dated 30.6.2000.]
### 13. Matters to be provided for by housing schemes.
- Notwithstanding anything contained in any other law for the time being in force, a housing scheme., may provide for all or any of the following matters, namely:
(a) the acquisition by purchase, exchange or otherwise of any property necessary for the scheme;
(b) the construction and reconstruction of buildings;
(c) the sale, letting out or exchange of any" property included in the scheme;
(d) the roads, drainage, water-supply, lighting, schools, hospitals, dispensaries, market places, parks, play grounds and open spaces within a housing scheme;
(e) the reclamation or reservation of land for markets, gardens, schools, dispensaries, hospitals, and other amenities in a housing scheme;
(f) the letting out, management and use, of the Board premises [including for commercial purposes to generate revenue of the Board]
[Added by Act No. 15 of 2000, dated 30.6.2000.]
;
(g) accommodation for any class of inhabitants;
(h) [ borrowing and advancing of money for the purpose of repair and construction of individual houses;]
[Substituted by Act No. 15 of 2000, dated 30.6.2000.]
(i) the collection of such information and statistics as may be necessary for successful implementation of the scheme, development of any urban or rural area for successful implementation of housing schemes and for purposes ancillary or incidental thereto;
(j) any other matter for which, in the opinion of the Board or the State Government, it is expedient to make provision with a view to providing housing accommodation and to improving or developing of any area included in a housing scheme.
### 14. Submission of Budget to Board.
(1) The Chairman shall, at, a special meeting to be held within "the fifteenth day of the month of February in each year, "Jay before the Board, a budget of the Board for the next year.
(2) Every such budget shall be prepared in such form as may be prescribed and shall make provision for-
(i) the housing schemes which the Board proposes to execute whether in part or in whole during the next year;
(ii) the due fulfillment of all the liabilities of the Board; and
(iii) the efficient administration of this Act, and shall contain a statement showing the estimated receipts and expenditure on capital and revenue accounts' for the next year, and such other particulars as ) may be prescribed.
### 15. Board's sanction to Budget.
- The Board shall consider the budget laid' before it and sanction it with or without modification.
### 16. Board's submission of Budget to State Government for approval.
(1) Every budget sanctioned by, the Board shall be submitted to the State Government for approval. Within such time as may be prescribed, the State Government may approve the budget as sanctioned by the Board or return it to the Board. '
(2) Where a budget is returned to the Board by the State Government for making any modifications therein, the Board shall forthwith make such modifications and submit the budget so modified to the State Government, which may then approve the same.
### 17. Supplementary budget.
- The Chairman may, at any time during the year for: which a budget has been approved by the State Government, lay before the Board a supplementary budget and the provisions of section 14, 15 and 16 shall apply to such supplementary budget.
### 18. Publication and execution of housing schemes.
- After the budget is approved by the State Government, the 'Board shall cause the housing scheme, in respect of which provision is made in the budget, to be published in the Official Gazette in such manner as may be prescribed and proceed to execute such schemes. '
### 19. Variation of housing schemes.
- The Board may at any time vary any housing scheme or any part thereof included in the budget approved by the State Government:
Provided that no such variation shall be made except with the "approval of the State Government if it involves an expenditure in excess of [fifteen per cent]
[Substituted by 'ten per cent' Act No. 15 of 2000, dated 30.6.2000.]
of the amount as included in the budget approved by the State Government for the execution of any housing scheme.
### 20. Transfer of open space to local authority.
(1) When any open space for the purpose of ventilation or recreation has been provided by the Board in executing any housing scheme, the Board may, at its option by resolution, transfer such open space to the local authority concerned on completion of the scheme and thereupon such open space shall vest in and be maintained at the expense of the local authority:
Provided that the local authority may require the Board before any such open space is so transferred to enclose, level, turf, drain and lay-out such space and provide footpaths therein, and if necessary, to provide lamps and other apparatus for lighting it.
(2) If any difference of opinion arises between the Board and the local authority concerned in respect of any matter referred to in sub-section (1) the matter shall be referred to the State Government whose decision thereon shall be final.
### 21. [Other powers and duties of the Board.]
[Substituted by 'Other duties of the Board' Act No. 15 of 2000, dated 30.6.2000.]
(1) The Board shall take necessary measures to maintain, allot, lease, sell or otherwise use the Board premises in. such manner as it may decide and shall collect rent price, compensation and damages in respect thereof.
(2) The Board may
(i) provide technical advice to the State Government and scrutinize projects under housing schemes when required by the State Government to do so;
(ii) undertake research on various problems connected with housing in general and find out in particular the economical methods of constructing houses suited to local conditions;
(iii) undertake comprehensive surveys on problems of housing;
(iv) do all things for
(a) unification, standardization of simplification, building materials;
(b) encouraging pre-fabrication and mass production of house components;
(c) organizing or undertaking the production of building materials for [\*\*\*]
[Deleted by 'residential or non-residential houses' Act No. 15 of 2000, dated 30.6.2000.]
;
[((d) undertaking training of unskilled and semi-skilled persons for deployment in the construction industry through Palika Karigar Kendras and or Building Centres;]
[Substituted by Act No. 15 of 2000, dated 30.6.2000.]
(v) [ render techno-economic consultancy including approval, planning and designing services in respect of construction Scheme on commercial consideration;
[Inserted by Act No. 15 of 2000, dated 30.6.2000.]
(vi) undertake or associate with specific infrastructure development project like town planning and creation if called upon to do so;
(vii) manufacture and self of building materials through Building Centres;
(viii) enter, with prior approval of the State Government , into joint sector agreements which are commercially viable and beneficial for the people of the State of Sikkim;
(ix) invest suitably any surplus land in any Nationalised Bank and other Government undertakings with in India so as to achieve assured returns without impairing the liquidity of the Board.]
(3) Subject to such rules as may be made in this behalf, the Board may, from time to time, appoint one or more Committees or invest any local or other authority for the purpose of discharging or performing such duties or functions of an executive or administrative' nature as it may delegate to such Committee of local or other authority and any such Committee or local or other authority may discharge such duties or may perform such functions accordingly:
### 22. Power to exempt schemes from provisions of this Act.
- The state Government may, by general or special order published in the Official. Gazette, exempt, subject to such conditions, if any, as it may impose, any housing scheme undertaken by the Board from all or any of the provisions of this Act or direct that any such provision shall apply to such scheme with such modifications as may be specified in the order.
Chapter IV
Acquisition and disposal of land
------------------------------------------------
### 23. Power to purchase or lease by agreement.
(1) Where any land is needed for the purpose of a housing scheme or for performing any other duties or functions of the Board, the Board may enter into an agreement with any person for the acquisition by purchase, lease or exchange of his right and interest in such land either wholly or in part, on payment of an amount proportionate to the loss or deprivation caused to the enjoyment of the land:
Provided, that the amount to be paid for the loss or deprivation caused shall not exceed the market value of the land prevailing on the first date of negotiation in respect of the transaction.
(2) The Board may also request the State Government to take steps for the compulsory acquisition under the provisions of the Land Acquisition Act 'of any land or any interest therein required for the execution of a housing scheme or for performing any other duties or functions of the Board and such acquisition of any land or any interest therein shall be deemed to be acquisition-ed for a public purpose within the meaning of the Land Acquisition Act.
(3) [ Notwithstanding anything contained in sub-section (1) or sub-section (2) by subject to the provisions of the Land Acquisition Act, if the State Government is of the opinion that the land outside the State is required to be acquired for undertaking a Scheme that would be beneficial to the State , it may direct the Board to take step to acquired the same in accordance with the direction as the State Government may pass in this behalf.]
[Inserted by Act No. 15 of 2000, dated 30.6.2000.]
Chapter V
Finance, accounts and audit
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### 24. Transfer of assets the 'Board.
- (I) Such asset and liabilities of the State Government which the State Government may decide to transfer to the Board on such terms and conditions as may be prescribed shall; with effect from the date of notification published by the State Government in this behalf, stand vested in and transferred to the Board.
(2) All debts and expenditure incurred, all contracts entered into and all matters and things engaged to be done by, with or for the State Government in respect of the assets and liabilities transferred under sub¬section (1) before and up to the date of transfer, shall be deemed to have been incurred, entered into or engaged to be done with or for the Board and all suits and other legal proceedings instituted or which may be ,instituted by or against the State Government in respect of such assets shall be continued or instituted by or against the Boar-, as the case 'may be.
### 25. Board's Fund.
(1) The Board shall have a fund to be called the Housing and Development Board Fund.
(2) The Board may accept grants, subventions, donations and gifts from the Central Government or the State Government or a local authority or any individual or body, whether incorporated or not for all or any of the purposes of this Act.
(3) The State Government may every year make a grant to the Board of the amount required to meet the administrative expenses of the Board.
(4) All moneys received by or on behalf of the Board, all proceeds of sale of land or any other property, betterment charges and all interest, profits and other moneys securing to the Board shall be deposited in the fund of the Board.
(5) [ All moneys and receipts specified in the foregoing provisions and forming part of the fund of the Board shall be deposited in the State Bank of Sikkim, or in any other Nationalised Bank operating in Sikkim.
Provided that nothing contained in this sub section shall prejudice the decision of the Board to invest any surplus fund in the manner specified in clause (ix) of sub section (2) of section 21.]
[Substituted by Act No. 15 of 2000, dated 30.6.2000.]
(6) The Bank account or any cash or security of the Board shall be operated or handled by such officers as may be authorized by the Board.'
### 26. Application of the Fund.
- All property, fund and all other assets vested in the Board shall be held and applied by it, subject to the provision and for the purpose of this Act.
### 27. Expenditure in case of urgency.
(1) Where in the opinion of the Board, circumstances of extreme urgency have arisen, it shall be lawful for the Board to make in any year, [though not provided for in the approved annual budget;]
[Added by Act No. 15 of 2000, dated 30.6.2000.]
(a) recurring expenditure not exceeding, [two lakhs fifty thousand rupees]
[Substituted by 'fifty thousand rupees' Act No. 15 of 2000, dated 30.6.2000.]
.
(b) non-recurring expenditure not exceeding [ten lakhs of rupees]
[Substituted by 'two lakhs of rupees' Act No. 15 of 2000, dated 30.6.2000.]
.
(2) Where any sum is expended under circumstance of extreme urgency as provided in sub-section (1), a report thereof indicating the source from which it .is proposed to meet the expenditure shall be made by the Board as soon as practicable to the State Government:
### 28. Subvention and loan to the Board.
- (I) The State Government may from time to time make" subventions to the Board for carrying out the purposes of this Act on such terms and conditions as the State Government may determine.
(2) The State Government may from time to time advance loan to the Board on such terms and conditions not inconsistent with the provisions of this Act as the State Government, may determine.
### 29. Power of Board to borrow.
(1) The Board may, from time to time, with the previous sanction of the State Government and subject to the provisions of this Act and to such conditions as may be prescribed in this behalf, borrow any sum required for the purposes of the Act,
(2) The rules made by the State Government may empower the Board to; borrow by the issue of debentures and to make arrangements with ban l cers.
(3) All debentures issued by the Board shall be in such' form as the Board, with the sanction of the State Government may; from time to time, determine.
(4) Every debenture shall be signed, by the Chairman and one other member of the Board.
(5) Loans borrowed and debentures issued under this section may' be guaranteed by the State Government as to the repayment of principal and payment of interest at such rate as may be fixed, by; the State Government.
### 30. Accounts and audit.
- (1) The Board shall cause to be maintained proper book of accounts and records in such forms and manner as maybe prescribed or as per the accounts manual to be adopted by the Board by resolution to this effect in the manner of commercial pattern of accounting.
[(2) The Board shall cause its accounts to be audited annually by an Auditor to be appointed by the Board from amongst the Chartered Accountants empanelled by the State Government . the auditor so appointed shall have the right to demand the production of books, accounts , vouchers, documents and all other papers relating to accounts or otherwise , and to inspect any of the offices of the board.]
[Substituted by Act No. 15 of 2000, dated 30.6.2000.]
### 2A. [ The Auditor of the Board shall examine each balance sheets and profit and loss account and state whether they represent a true and fair position of assets and liabilities of the Board in the case of the former and of the result from operations during the period covered in the case of the latte.]
[Added by Act No. 15 of 2000, dated 30.6.2000.]
(3) As soon as the accounts of the Board have been audited, the Board shall send a copy thereof together with a copy of the report of the auditor thereon to the State Government and shall cause the accounts to be published in the prescribed manner and place copies thereof on sale at a reasonable price.
(4) The Board shall, comply with such directions as the State Government may after perusal of the report of the auditor, think fit to issue.
### 31. Concurrent and special audits of accounts.
(1) notwithstanding anything contained in section 30, the State Government may order that there shall be a concurrent audit of the accounts' of the Board by such person as it thinks fit. The State Government may also direct a special audit to be made by such person as it thinks fit of the accounts of the Board relating to any particular transaction or a class or series of transactions or to a particular period.
(2) When an order is made under sub-section (1), the Board shall present or cause to be presented for audit such accounts and shall furnish to the person appointed under sub-section (1) such information as the said person may. require for the purpose of audit and remedy or cause to be remedied the defects pointed out by such person unless they are condoned; by The State Government.
Chapter VI
Miscellaneous
-----------------------------
### 32. Power of entry.
- The Chairman or any person either generally or specially authorized by the Chairman in this behalf may, with or without assistance of workmen, enter into or upon any land, in order
(a) to make any inspection, survey, measurement, valuation or inquiry-
(b) to take levels;
(c) to dig or bore into the sub., soil;
(d) to set boundaries and intended lines of work:
(e) to do 'any other things;
when it is necessary to do so for any of the purposes of this Act or any rules made or scheme sanctioned there, under:
Provided that-
(i) no such entry shall be made between sunset and sunrise;
(ii) no dwelling house and no public building which is used as a dwelling place shall be so entered, unless with the consent of the occupier thereof and without giving the said occupier at least twenty-four hours previous written notice of. the intention to make such entry;
(iii) sufficient notice shall in every instance be given to enable the female inmates of any apartment to remove themselves to some part of the premises where their privacy will not be disturbed;
(iv) due regard shall always be had, so far as may be. compatible with the exigencies of the purpose for which the entry is made, to the social and religious usages of the occupiers of the premises entered.
### 33. Notice of suit against the Board.
- No person shall commence any suit against the Board or against any officer or employee of the Board, or any, person acting under the orders of the Board, for anything done or purporting to have been' done in pursuance of this Act without giving to the Board, officer or employee or person two. months' previous notice in writing of the intended suit and of the cause thereof.
### 34. Power to make rules.
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing powers such rules may provide for all or any of the following purposes, namely:
(a) the allowance of members;
(b) the manner and form in which contract shall be entered into under sub -section (1) of section 10
(c) the form of the annual budget to be laid, before the Board under section 14 and the other particulars to be contained therein;"
(d) the time within which the State Government may approve or return the budget to the Board under sub¬section (I) of section 16;
(e) the manner of publication of the housing scheme included in the budget under section 18;
(f) the terms and conditions on which assets of the State Government may be transferred to the Board under section 24;
(g) the conditions subject to which the Board may borrow- any sum under section 29;
(h) the manner of preparation, maintenance and publication of accounts under section 30;
(i) any other matter which is to be or may be prescribed under this Act:
### 35. Regulations.
(1) The Board may, from time to time, with the previous sanction of the - State Government make regulations consistent with this Act and with any rule made under this Act.
(2) Such regulations may provide for
(a) the management and use of buildings constructed under any housing scheme;
[b) the principles and terms and conditions in allotment of tenements and premises and in the grant of housing loan;]
[Substituted by Act No. 15 of 2000, dated 30.6.2000.]
(c) regulating its procedure and the disposal of its business;
(d) the conditions of service of the employees of the Board other than those taken over and employed under sub¬section (1) of section 8.
(3) If it appears to the State Government that it is necessary or desirable for carrying out the purposes of this Act to make or amend any regulation made under sub-section (1), it may call upon the Board to make or amend such regulation, within such time as it may specify. If the Board fails to make such regulation or amendment within the time specified, the State Government may itself make such regulation or amendment and the regulation or the amendment so made shall be deemed to have been made by the Board under sub-section (1).
### 36. Power to make bye laws.
- (I) The Board may, with the previous sanction of the State Government, make bye laws, not inconsistent with this Act and rules which may be necessary or expedient for the purpose of carrying out its duties and functions under this Act.
(2) A bye law made under this section may provide that a. contravention thereof shall be an offence.
(3) All bye laws made under this section shall be published in the Official Gazette.
### 37. Penalty for contravention of bye laws.
- Whoever contravenes a bye law made under section 36 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.
### 38. Penalty for obstructing etc.
- If any person
(a) obstructs, or molests any person with whom the Board has entered into a contract, in the performance or execution of his duty or of anything which he is empowered or required to do under this Act, or
(b) removes any mark set up for the purpose of indicating any level or direction necessary to the execution of works authorized under this Act, 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.
### 39. Authority for prosecution.
- Unless otherwise expressly provided, no Court shall take' cognizance of any offence punishable under this Act 'except' on the complaint, of or upon information received from the Board or some person authorized by the Board by general or special order in this behalf.
### 40. Members, officers and employees of the Board to be public servants.
- All members, officers and employees of the Board shall be deemed when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of section 21 of the Indian Penal Code.
### 41. Protection of action taken under this Act.
- No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or purported to be done under this Act.
### 42. Repeal and Savings.
- (I) The Sikkim Housing and Development Board Ordinance, 1979 (Ordinance No.4 of 1979) is hereby, repealed.
(2) Notwithstanding such repeal, anything done, or any action taken in the exercise of the powers conferred by or under that ordinance, shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such thing was done or such action was taken.
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65ba6b40ab84c7eca86eb3a8 | acts |
Union of India - Act
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The National Highways Authority of India (Budget, Accounts, Audit, Investment of Funds and Powers to Enter Premises) Rules, 1990
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UNION OF INDIA
India
The National Highways Authority of India (Budget, Accounts, Audit, Investment of Funds and Powers to Enter Premises) Rules, 1990
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Rule THE-NATIONAL-HIGHWAYS-AUTHORITY-OF-INDIA-BUDGET-ACCOUNTS-AUDIT-INVESTMENT-OF-FUNDS-AND-POWERS-TO-ENTER-PREMISES-RULES-1990 of 1990
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* Published on 7 August 1990
* Commenced on 7 August 1990
The National Highways Authority of India (Budget, Accounts, Audit, Investment of Funds and Powers to Enter Premises) Rules, 1990
Published vide Notification G.S.R. 704(E) , dated 7.8.1990, published in the Gazette of India, Extraordinary Part 2, Section 3(i), dated 10.8.1990.
### 212. In exercise of the powers conferred by sub-section (1) read with clauses (e), (f), (g) and (h) of sub-section (2) of section 34 of the National Highways Authority of India Act,1988 (68 of 1988), the Central Government hereby makes the following rules,namely:
Chapter I
Preliminary
--------------------------
### 1. Short title and commencement
(1) These rules may be called The National Highways Authority of India (Budget, Accounts, Audit, Investment of Funds and Powers to Enter Premises)Rules ,1990.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Definitions
.In these rules, unless the context otherwise requires,
(a) Act means the National Highways Authority of India Act, 1988 (68 of 1988);
(b) Annual Report means the Annual Report referred to in section 22 of the Act;
(c) Annual Statement of Accounts means the Annual sketch of accounts referred to in section 23 of the Act;
(d) Audit Officer means the Comptroller and Auditor General of India and includes any person appointed by him in connection with the audit of accounts of the Authority;
(e) Authority means the National Highways Authority of India constituted under section 3 of the Act;
(f) financial year means the financial year of the Central Government starting from first day of April each year and ending on thirty-first day of March of the following year;
(g) Form means a form annexed to these rules;
(h) Fund means the National Highways Authority of India Fund constituted under section 18 of the Act;
Chapter II
Budget, Accounts Andaudit
-----------------------------------------
### 3. Preparation and submission of budget
(1) The budget estimates of the Authority for every financial year shall be prepared by the Chairman of such employee of the Authority as may be authorised by him in this behalf, in Forms A1 to A5.
(2) A copy of the budget estimates so prepared shall be sent to each member at least fourteen days before the meeting of the Authority at which such estimates are to be considered.
(3) The Authority shall consider and sanction the budget estimates with such changes as it thinks fit at the meeting fixed for the purpose or at any other meeting to which the consideration of the budget estimates is adjourned.
(4) The budget estimates prepared by the Authority shall be forwarded to the Central Government by the fifteenth day of October of the financial year preceding the financial year to which the consideration of The budget estimates relate:
Provided that The Central Government may at the request of the Authority fix such later date, but not beyond the 31st day of December, as the Government think fit.
### 4. Supplementary budget
.The Authority shall, where necessary, also forward to the Central Government the Supplementary budget in respect of the financial year to which it relates, inForms A1 to A5 before such date as may be specified by the Central Government.
### 5. Accounts of Authority
.The accounts of the Authority including
(a) all sums of money received and expended by the Authority;
(b) all sales and purchases of goods or services of the Authority;
(c) the assets and liabilities of the Authority;shall be maintained in such forms as may be specified by the Government from time to time in consultation with the Comptroller and Auditor General of India.
### 6. Preparation and submission of annual report and annual accounts
(1) The Chairman or such employee of the Authority as may be authorised by him in this behalf, shall prepare, as soon as may be, after the commencement of the each financial year
(a) the annual report;and
(b) the annual statement of accounts which shall include the profit and loss account and balance sheet and such other subsidiary accounts as the Central Government may, in consultation with the Comptroller and Auditor General of India , direct.
(2) The annual report include an account of the activities of the Authority during the previous financial year on the following matters, namely:
(i) a statement of corporate and operational goals and objectives of the Authority;
(ii) annual targets and physical and financial terms set for various activities in the background of clause (1) above together with a brief review of the actual performance with reference to those targets;
(iii) an administrative report on the activities of Authority during the previous financial year and an account of the activities which are likely to be taken up during the next financial year;
(iv) a summary of the actual financial results during the previous financial year and year of report, as indicated by way of statement of (a) income and expenditure, (b) sources and applications of funds and (c) cash flow;
(v) important changes in policy and specific measures either taken or proposed to be taken, which have influenced or are likely to influence the profitability or functioning of the Authority;
(vi) new projects or expansion schemes contemplated together with their advantages, financial implications and programme for execution;
(vii) important changes in the organisational set up of the Authority;
(viii) report on employer-employee relations and welfare activities of the Authority; and
(ix) report on such other miscellaneous subjects as deemed fit by the Authority or the Central Government for reporting to the later.
(3) The annual report shall be placed for adoption in the meeting of the Authority and shall be signed by the Chairman or in his absence by two members authorised for the purpose by the chairman and authenticated by fixing the common seal of the Authority and required copies thereof shall be submitted to the Central Government by the thirty-first day of December of the following year.
(4) The annual accounts of the Authority, after approval of the Authority, shall be signed on behalf of the Authority by its Chairman or in his absence by two members authorised for purpose by the Authority and authenticated by affixing the common seal of the Authority and shall be forwarded for audit to the Comptroller and Auditor General not later than the 30th September of each year or by such date as extended by The Central Government.
(5) The Audit Officer shall audit and report on the annual accounts of the Authority and certify whether in his opinion the balance sheet and profit and loss account contain all particulars and are properly drawn up to as to exhibit a true and fair state of affairs of the Authority and in case he has called for any information from the Authority or any of its officers,whether it has been given and whether it is satisfactory.
(6) The Authority shall be bound to give information and explanation in its annual report containing inter alia duly audited accounts or in an addendum thereto on every reservation,qualification or adverse remarks contained in the Auditor reports duly signed by its Chairman or in his absence by two members so authorised by the Authority and authenticated by affixing common seal of the Authority.
(7) The annual accounts and the auditors report thereon along with the annual report shall be submitted to The Central Government by thirty-first day of December of the following year to which the accounts relate or by such date as extended by the Central Government.
### 7. Cost of audit
.The Authority shall arrange to pay to the Comptroller and Auditor General of India the expenditure incurred by him in connection with the annual audit of its accounts, within three months from the date on which any demand is made by him.
Chapter III
Investment Of Funds And Reserve Fund
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### 8. Manner of Investment Fund
.All money standing at the credit of the Fund which cannot immediately be applied for the purposes specified in sub-section (2) of section 18 of the Act shall be deposited in the State Bank of India or any Scheduled Bank specified in the First Schedule to the Banking Companies (Acquisition and Transfer of undertakings) Act, 1970 (5 of 1970) or the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 (
40 of 1980
).
### 9. Reserve Fund
(1) In respect of every loan raised by the Authority not being a loan repayable before the expiration of one year from the date of the loan, the Authority shall set apart a sum half yearly, out of its income in a reserve fund, sufficient to liquidate the loan within a period which shall not in any case exceed thirty years:
Provided that a reserve fund need not in the absence of any stipulation to that effect,be established in the case of loans taken by the Authority from the Central Government or any State Government.
(2) The sums set apart by the Authority under sub-rule (1)shall invested in securities of the Central Govern mentor in such other securities as the Central Government may approve in this behalf, and shall be held in trust for the purposes of the Act by the Authority.
(3) The Authority may apply the whole or any part of the sums accumulated in any reserve fund in or towards the discharge of the loan liabilities for the repayment of which the fund has been established:
Provided that Authority pays into the fund each year, and accumulated until the whole of the money borrowed is discharged, a sum equivalent to the interest which would have been produced by the reserve fund or the part of the reserve fund so applied.
(4) A reserve fund established for the liquidation of any loan shall be subject to annual examination by such person as may be appointed by the Central Government in this behalf and the person so appointed shall ascertain whether the cash and the current market value of the securities at the credit of the Fund are actually equal to the amount which would have accumulated had investments been regularly made and rate of interest as originally estimated obtained thereon.
(5) The Authority shall pay forthwith into the reserve fund any amount which the person appointed under sub-rule (4) of conduct the annual examination of the Fund may certify to be deficient unless the Central Government specifically sanctions a gradual readjustment.
(6) If the cash and current market value of the securities at the credit of a reserve fund are in excess of the amount which should be at its credit the person appointed under sub-rule (4) shall certify the amount of this excess and the Authority may, with the previous sanction of the Central Government, reduce or discontinue the half-yearly contributions to the reserve fund.
Chapter IV
Power To Enter Land Or Premises
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### 10. Mode of service of notice
(1) Before entering upon any land or premises under section 30 of the Act, the authorised person shall serve on the owner of the land or premises intended to be entered upon notice in Form B.
(2) The notice may be served by delivering or tendering a copy of such notice to the person for whom it is intended or his servant or by sending it by registered post acknowledgement due addressed to that person at his usual or last known place of residence or business.
(3) Where the serving officer delivers or tenders the copy of the notice under sub-rule (2), he shall require the signature of the person to whom the copy is delivered or tendered to an acknowledgement of service endorsed on the original.
(4) Where the person or the adult member(s) of the family of the person concerned or servant of such person refuses to sign the acknowledgement or where the serving officer, after using all the due and reasonable diligence, cannot find such person and there is no adult member of the family or servant of such person, the serving officer shall affix a copy of notice on the outer door or some other conspicuous part of the ordinary residence or usual place of business of such person and then shall return the original to the competent authority who served the notice, with a report endorsed thereon or annexed thereto stating that he has had to affix a copy,the circumstances under which he did so and the name and address of the person if any, by whom the usual or last known place of residence or business, as the case may be, was identified and in whose presence the copy was affixed.
Form No. A.I
National Highway Authority Of India
Budget Estimates for the year
Combined abstract of Budget Estimate for the year............
(In thousand of rupees)
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Budget Estimates for the year.............
Part I – Abstract of each individual account
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Form A2(22) National Highway Authority Of India
Budget Estimates for the year.............
Part II – Detailed Budget Estimates of each individuals
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Form A3
National Highway Authority Of India
Budget Estimates for the year....................
containing new items of expenditure other than Work and Schemes
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Note.-(1) For additional establishment, the categories of posts, scales of pay and the date from which the posts are required should be specified
(2) If any permanent post is proposed to be reduced or kept in abeyance or any temporary post is proposed to be discontinued, the details thereof should be furnished in a separate statement.
Form A4
National Highway Authority Of India
Budget Estimates for the year....................
of works and schemes in progress
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Form A5
National Highway Authority Of India
Budget Estimates for the year....................
of Approved New Works and Schemes
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Note.-While including new works/schemes in the budget estimates, the following points shall be examined:-
(1) whether the plans and the estimates have been prepared and approved.
(2) Whether site or land is available and possession has been taken, and
(3) Whether all the prescribed formalities will be over by the end of the current financial year.
National Highways Authority Of India
Form B
To,
Dear Sir/Madam,
In pursuance of section 30 of the National Highways Authority of India Act, 1988, I, on behalf of the N.H.A.I. hereby authorize Shri............of National Highways Authority of India to enter upon the undermentioned premises/land located at.........................for the purpose of.....................on the day of..................at....................hours.
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For and on behalf of National Highways Authority of India.
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65ba7855ab84c7eca86eb84c | acts |
Union of India - Act
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The Insurance Regulatory And Development Authority (Conditions Of Service Of Officers And Other Employees) Regulations, 2000
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UNION OF INDIA
India
The Insurance Regulatory And Development Authority (Conditions Of Service Of Officers And Other Employees) Regulations, 2000
==============================================================================================================================
Rule THE-INSURANCE-REGULATORY-AND-DEVELOPMENT-AUTHORITY-CONDITIONS-OF-SERVICE-OF-OFFICERS-AND-OTHER-EMPLOYEES-REGULATIONS-2000 of 2000
----------------------------------------------------------------------------------------------------------------------------------------
* Published on 28 August 2000
* Commenced on 28 August 2000
The Insurance Regulatory And Development Authority (Conditions Of Service Of Officers And Other Employees) Regulations, 2000
Published vide Notification No. IRDA/Reg./18/2000, dated 28.8.2000.
### 14. /683
In exercise of powers conferred by clause (c) of sub-section (2) of section 26 of the Insurance Regulatory and Development Authority Act, 1999 (
41 of 1999
), the Authority, in consultation with the Insurance Advisory Committee, hereby makes the following regulations, namely:-
Chapter I
Preliminary
--------------------------
### 1. Short title and commencement .-(1) These regulations may be called The Insurance Regulatory and Development Authority (Conditions of Service of Officers and Other Employees) Regulations, 2000.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Application .-These regulations shall apply to every whole-time officer and other employees of the Authority:
Provided that these regulations shall not apply to persons employed temporarily (other than probationers), or on contract basis, except otherwise specifically provided.
### 3. Definitions .-(1) In these regulations, unless the context otherwise requires,-
(a) "Authority" means the Insurance Regulatory and Development Authority established under sub-section (1) of section 3 of the Insurance Regulatory and Development Authority Act, 1999 (
41 of 1999
);
(b) "Appellate Authority" means the authority specified in the Schedule;
(c) "Competent Authority" means,-
(i) in relation to matters specified under column (2) of the Schedule, the authorities specified under column (3) of that Schedule,
(ii) in relation to matters not specified under column (2) of the Schedule, the Chairperson;
(d) "duty" includes-
(i) service as a probationer;
(ii) period during which an officer and other employee is on joining time or training authorised by the authority;
(iii) period spent on leave duly authorised by the competent authority;
(e) "employee" means Classes II, III and IV employees specified in these regulations;
(f) "leave pay" means the monthly pay which the officers and other employees would have drawn while on duty but for proceeding on leave;
(g) "lien" means the title of an officer and other employee to hold substantively, either immediately or on termination of a period or periods of absence, a permanent post to which he has been appointed substantively or held in a permanent capacity;
(h) "officiate": an officer and other employee officiates in a post when he performs the duties of a post on which another person holds a lien. The competent authority may, if it thinks fit, appoint an officer or other employee to officiate in a vacant post on which no other officer and other employee holds a lien;
(i) "Officer" means Class I officer referred to in these regulations;
(j) "pay" means the amount drawn by an officer and other employee as-
(i) pay which had been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reason of his position in a cadre;
(ii) "special pay and personal pay";
(iii) "any other emoluments which may be specially classified" as pay by the authority;
(k) "personal pay" means an additional pay granted to an officer and other employee-
(i) to save him from a loss of substantive pay in respect of a permanent post due to a revision of pay or to any reduction of such substantive pay otherwise than as a disciplinary measure; or
(ii) in exceptional circumstances, on other personal considerations;
(l) "Schedule" means Schedule annexed to these regulations;
(m) "service" includes the period during which an officer and other employee is on duty as well as on leave duly authorised by the competent authority, but does not include any period during which an officer and other employee is absent from duty without permission or overstays his leave, unless specifically permitted or condoned by the competent authority;
(n) "special allowance" means an addition, in the nature of an allowance, to the emoluments attached to a post or of an officer and other employee, granted at the discretion of the Authority in consideration of the specially arduous nature of the duties attached to the post or required to be performed by the officer and other employee;
(o) "special pay" means an addition, in the nature of pay, to the emoluments of a post or of an officer and other employee granted at the discretion of the Authority in consideration of a specific addition to the work or responsibility;
(p) "substantive pay" means the pay to which an officer and other employee is entitled on account of a post to which he has been appointed substantively or by reasons of his substantive position in a cadre;
(q) "year" means a continuous period of twelve months commencing from the 1st day of April, of a year and ending with the 31st day of March of the next year;
(2) All words and expressions used herein and not defined in these regulations but defined in the Insurance Act, 1938 (
4 of 1938
), or the Insurance Regulatory and Development Authority Act, 1999 (
41 of 1999
), shall have the meanings respectively assigned to them in those Acts unless otherwise provided in the contracts of service.
(3) For the purposes of these regulations, the terms "he" and "his" shall also refer to "she" and "her" wherever circumstances warrant and singular will also include plural.
Chapter II
Classification Of Officers And Other Employees
--------------------------------------------------------------
### 4. Classification of officers and other employees .-(1) The officers and other employees of the Authority shall be classified as follows:-
Class I
Officers;
Class II
Supervisors;
Class III Secretarial Staff, General Assistant, Receptionist-cum-Telephone Operator;
Class IV Driver-cum-Attendant-cum-Record-Keeper.
(2) The number of posts, their classification, scale of pay, age limit, education and other qualifications, period of probation, method of recruitment, composition of selection committee or departmental promotion committee shall be such as may be determined by the Authority;
(3) All appointments in, and promotion to, any class or grade shall be made by the competent authority:
Provided, however, that in the case of officers and other employees holding posts in the Authority at the time of the commencement of these regulations, they shall be deemed to have been appointed to such posts till such time as the authority absorbs them on such posts and scales of pay as may be determined under sub-regulation (2) above:
Provided further that such officers and other employees who are willing to get absorbed in the Authority may exercise their option to get absorbed in the Authority by 31st December, 2000, or such further time as may be determined by the Authority:
Provided further that the salary, allowance and other conditions of service of the officers and other employees deemed to have been appointed shall not be varied to their disadvantage:
[Provided also that, Government of India Orders on reservation of different categories like, SC, ST, OBC, Physically Disabled persons, etc., in direct recruitment shall be complied with by the Authority, while undertaking such recruitment exercises:]
Provided also that the Authority in regard to officers and other employees not exercising their option by the stated date for getting absorbed in the service of the Authority or persons whom it does not wish to offer the facility of absorption may revert such persons to their parent offices.
Chapter III
Commencement Of Duty And Notice Period
-------------------------------------------------------
### 5. Commencement of duty .-The service of an officer and other employee shall be deemed to commence from the working day on which such officer and other employee reports for duty in any appointment covered by these regulations at the place and time intimated to him by the competent authority:
Provided that if he reports in the afternoon, his service shall commence from the next following working day.
### 6. Notice for discontinuing or leaving the service .-(1) An officer and other employee, may resign or leave or discontinue his service in the Authority by giving to the chairperson notice in writing of his intention to leave or discontinue the service.
(2) The period of notice required shall be,-
(a) in the case of officers and other employees holding the post on regular basis, three months;
(b) in the case of officers and other employees holding the post on probation, one month.
(3) In the case of failure by an officer or an employee to give notice in accordance with the provisions specified in sub-regulation (2), he shall be liable to pay the Authority as compensation a sum equal to his substantive pay for the period of notice required under these regulations:
Provided that such notice or the payment of such compensation may, by reasons to be recorded in writing, be reduced or waived by the chairperson:
Provided further that the officer and other employee shall not be entitled to set off any leave earned and not availed of by him against the period of such notice.
(4) Notwithstanding anything contained in sub-regulation (1), the resignation of an officer and other employee shall not be effective unless it is accepted by the competent authority.
(5) The competent authority may refuse to accept the resignation from an officer or employee, if,-
(a) disciplinary proceedings have been instituted against or are proposed to be instituted against that officer or employee;
(b) the officer and other employee is under an obligation to serve the Authority for a specified period which has not expired;
(c) the officer and other employee owes the Authority any sums of money.
Explanation 1.-For the purposes of this regulations disciplinary proceedings shall be deemed to be instituted against an officer and other employee,-
(a) if he has been placed under suspension under these regulations; or
(b) any notice has been issued to him asking him to show cause why disciplinary proceedings should not be instituted against him; or
(c) any charge-sheet has been issued to him under the regulations and shall be deemed to be pending till final orders thereon are passed by the competent authority.
Explanation 2.-A notice by an officer and other employee under sub-regulation (1) shall be proper notice if he remains on duty during the period of the notice.
### 7. Retirement .-(1) Except as otherwise provided in this regulation, every officer and other employee shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years:
Provided that an officer and other employee whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years:
Provided further that the competent authority may, if it is of the opinion that it is in the interest of the authority to do so, direct an officer or employee to retire on completion of fifty-five years of age or at any time thereafter, on giving him three months' notice or salary in lieu thereof:
Provided further that an officer and other employee shall be permitted upon request to retire before the date of retirement specified in this sub-regulation either (a) on completion of twenty-five years of service; or (b) on completion of twenty years of service, provided he has attained age of fifty; or (c) on completion of fifteen years of service, if he is incapacitated for further active service.
Explanation .-Where an officer or employee is directed by the competent authority to retire as aforesaid, it shall not be deemed to be a penalty under these regulations.
(2) No officer or other employee shall be granted extension in service beyond the age of retirement of sixty years.
(3) If on a review of the case either on a representation from the officer or an employee retired prematurely or otherwise, it is decided to reinstate the officer or an employee in service, the competent authority ordering reinstatement may regulate the intervening period between the date of premature retirement and the date of reinstatement by the grant of leave of the kind due and admissible, including extraordinary leave, or by treating it as dies non depending upon the facts and circumstances of the case:
Provided that the intervening period shall be treated as a period spent on duty for all purposes including pay and allowances, if it is specifically held by the competent authority ordering reinstatement that the premature retirement was itself not justified in the circumstances of the case, or, if the order of premature retirement is set aside by a Court of law.
(4) Where the order of premature retirement is set aside by a Court of law with specific directions in regard to regulation of the period between the date of premature retirement and the date of reinstatement and no further appeal is proposed to be filed, the aforesaid period shall be regulated in accordance with the directions of the Court.
(5) Any officer or employee may by giving notice, of not less than three months in writing to the competent authority, retire from service after he has attained that age of fifty years, if he is in Class I or Class II service or post, and (had entered service before attaining the age of thirty-five years), and in all other cases after he has attained the age of fifty-five years:
Provided that it shall be open to the competent authority to withold permission to an officer or an employee under suspension who seeks to retire under this clause.
(6) An officer or other employee referred to in sub-regulation (5) may make a request in writing to the competent authority to accept notice of less than three months giving reasons therefor.
(7) On receipt of a request under sub-regulation (6), the competent authority may consider such request for the curtailment of the period of notice of three months on merits and if it is satisfied that the curtailment of the period of notice shall not cause any administrative inconvenience, the competent authority may relax the requirement of notice of three months on the condition that an officer and an employee shall not apply for commutation of a part of his pension before the expiry of the period of notice of three months.
(8) An officer or other employee who has elected to retire under this regulation and has given the necessary intimation to that effect to the competent authority, shall be precluded from withdrawing his option subsequently except with the specific approval of such authority:
Provided that the request for withdrawal shall be within the intended date of his retirement.
Chapter IV
Record Of Service, Seniority, Promotion And Reversion
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### 8. Maintenance of record of service .-A record of service shall be maintained by the Authority in respect of each officer and other employee at such place or places and in such form or manner as may be determined from time to time by the Authority.
### 9. Seniority of officers and other employees .-(1) An officer and other employee confirmed in the service of the authority shall ordinarily rank for seniority in his grade according to his date of confirmation in the grade.
(2) An officer and other employee on probation shall ordinarily rank for seniority among the officers and other employees selected alongwith him in the same batch according to the ranking assigned to him at the time of his selection.
### 10. Promotion against sanctioned post .-(1) All promotions of the officers and other employees shall be against vacancies in sanctioned posts declared by the Authority and shall be based on,-
(a) merit, suitability and seniority in cases of Classes I and II posts;
(b) seniority and merit in cases of Class III and Class IV posts:
Provided that in assessing the suitability of officers and other employees to promotion posts, the competent authority shall take into consideration the performance of the officer or other employee in the post from which he is being promoted:
Provided further that the competent authority may require the incumbent holding the post in the feeder grade to qualify in a departmental test to be conducted by the Authority for promotion to Class III post.
(2) An officer and other employee shall have to put in a minimum of three years of service in a post before he is normally considered for promotion to a post in the next higher grade.
(3) In exceptional cases where the minimum number of years of service prescribed above has not been completed, an officer or other employee may be promoted to the next higher grade on the specific recommendation of the chairperson and the approval of the Authority.
### 11. Reversion of officer or other employee .-An officer and other employee promoted from one grade to another may be reverted during the probationary period without notice by the competent authority after recording the reasons therefor.
Chapter V
Pay, Allowances And Other Benefits
-------------------------------------------------
### 12. The admissibility, of pay allowances other benefits .-(1) The pay, allowances and other benefits shall not be payable for a part of a month to an officer and other employee who leaves or discontinues his service without due notice during the month, unless such notice has been waived by the competent authority.
(2) The pay, allowances and other benefits shall cease to accrue to an officer and other employee from the date,-
(a) he ceases to be in service; or
(b) he is dismissed, removed or compulsorily retired from the service; or
(c) following the date on which he dies.
(3) Where on an appeal or a representation by an officer and other employee, his removal, discharge of suspension from service is revoked after due process, the entitlement to allowance and other benefits shall accrue to him in terms of the order of revocation, passed by the competent authority.
### 13. Increment payable .-(1) An increment in a scale of pay shall acquire on the completion of one year's period of service in that scale:
Provided that the benefit of increment shall be admissible from the first day of the month in which it accrues, irrespective of the actual date of its accrual.
(2) The officiating service in a higher grade shall count for increments in an officer and other employee's substantive grade as well as in the higher grade in which he is officiating and, if there is an intermediate grade between the two in higher grade, also in the intermediate grade, but the period during which an officer and other employee is on leave without pay shall not count for increment unless so authorised by the Authority for reasons to be recorded in writing.
(3) The sanction to draw increments shall be given by the competent authority:
Provided that no increment shall be withheld except as a disciplinary measure under these regulations and each order withholding an increment shall state the period for which it is withheld and also whether the postponement shall have the effect of postponing future increments:
Provided further that if in an incremental scale there is an efficiency bar, an officer and other employee shall not draw increments above that bar until he has been certified fit to do so by the competent authority:
Provided also that on each occasion on which an officer and other employee is allowed to cross an efficiency bar which has previously been enforced against him, he shall be placed in the incremental scale at such stage as the competent authority to remove the bar may fix:
Provided also that such stage shall not be higher than that at which he would draw his pay if the bar had not been enforced against him and further that no increments granted on the removal of a bar shall have a retrospective effect.
### 14. Fixation of pay on probation .-(1) The pay of an officer and other employee on appointment on probation from one grade to another shall be initially fixed at the minimum of the scale of the higher grade and the difference between the pay so fixed and the substantive pay of the officer and other employee in the old scale, if the latter be more, will be treated as personal pay. (2)
On confirmation in the higher grade, the pay of an officer and other employee shall be fixed at a stage in the higher grade which is next above his substantive pay in the old scale as on the date of confirmation, if such pay be higher than the pay drawn by him at the time of confirmation.
### 15. Declaration of home town .-(1) Every officer and other employee shall on his appointment declare his home town in writing to the authority.
(2) The home town so declared may be changed, only once during the service of an officer and other employees, for reasons recorded in writing.
Chapter VI
Leave And Joining Time
--------------------------------------
### 16. Kinds of leave .-Subject to the provisions of these regulations, the following kinds of leave may be granted to an officer and other employee,-
(a) casual leave;
(b) earned leave;
(c) sick leave;
(d) maternity leave;
(e) extraordinary leave;
(f) any other leave as may be specified by the authority from time to time.
### 17. Grant of leave .-(1) The power to grant leave shall vest in the competent authority.
(2) All applications for grant of leave shall be addressed to the competent authority before leave is sought to be availed of.
(3) Leave shall not be claimed as a matter of right.
(4) When the exigencies of the service so require,-
(a) the competent authority may refuse leave or revoke leave of any kind already granted;
(b) an officer and other employee already on leave may be recalled to duty by the competent authority.
(5) Leave earned by an officer and other employee lapses on the date on which he ceases to be in service.
(6) The last day of an officer and other employee's leave is the working day preceding that upon which he reports for duty.
(7) Pay during leave shall be drawn at full or half rate of leave pay, according to the kind of leave availed of by the officers and other employees, but no pay shall be admissible during extraordinary leave.
### 18. Leave address to be intimated .-An officer and other employee shall, before proceeding on leave, intimate to the competent authority his address while on leave, and shall keep the said authority informed of any change in the address previously furnished.
### 19. Report of duty after leave .-An officer and other employee on leave shall, unless otherwise instructed to the contrary, return for duty to the place at which he was last stationed.
### 20. Production of medical certificate for medical leave .-(1) The competent authority may require an officer and other employee, who has availed himself of leave on medical grounds for more than five days, to produce a medical certificate of fitness to the satisfaction of the competent authority before he resumes duty even though such leave was not initially granted on a medical certificate.
(2) If the medical certificate produced by an officer or other employee, is not found acceptable by the competent authority, it shall refer the case to the doctor approved by the authority for advice.
### 21. Casual leave .-(1) An officer and other employee shall be eligible for casual leave up to a maximum of twelve working days in each calendar year:
Provided that no officer and other employee shall take casual leave for more than five working days at any one time:
Provided further that public holidays may not be combined with such leave in such a way as to increase the absence at any one time beyond ten days.
(2) Casual leave shall not be suffixed or prefixed to any other kind of leave.
(3) No casual leave may be availed of, except with the prior permission of the competent authority:
Provided that if for any sufficient reason, it is not possible for an officer and other employee to obtain such permission in advance, he shall intimate his absence to such competent authority within twenty-four hours:
Provided further that, such competent authority may condone the delay, if any, in this behalf if he is satisfied that an officer and other employee was not in a position to intimate his absence for reasons beyond his control.
(4) When an officer and other employee joins the service of the Authority at any time during a calendar year, his entitlement to casual leave shall be at the rate of one day per month for the period of service remaining in that calendar year.
### 22. Grant of special leave .-(1) Notwithstanding anything contained in these regulations, the chairperson or the person authorised by him may permit the grant of any other leave to an officer and other employee in special deserving circumstances.
(2) In particular and without prejudice to the generality of the foregoing power, such leave may provide for all or any of the following, namely:-
(a) quarantine leave;
(b) special leave arising out of an accident in the course of employment;
(c) leave where a person is called to duty in national cause;
(d) study leave granted by the authority in cases where the authority feels that study undertaken will be in the overall interest of the Authority.
### 23. Earned leave .-(1) Every officer and other employee shall be entitled to earned leave at the rate of thirty days for every completed year of service.
(2) The leave so earned shall be credited to the leave account of the officer and other employee half-yearly in each respective calendar year at the rate of fifteen days for every six months of service rendered by such officer and other employee.
(3) No officer and other employee, however, shall earn earned leave when he is on leave other than casual leave for a continuous period of more than six months.
(4) If an officer and other employee renders less than six months of service in any calendar year, he shall be credited with one day for every twelve days of duty and fractions of a day of earned leave shall be taken as full day if amounting to more than half-only.
(5) The period of earned leave, which can be taken at any one time by an officer and other employee, is ten months.
(6) An application for grant of earned leave shall normally be submitted fifteen days in advance to the competent authority.
(7) An officer and other employee on earned leave shall draw pay equal to leave pay.
(8) Where an officer and other employee has accumulated earned leave on the date of retirement, he may be paid a lump sum amount which would be equivalent to pay as defined under these regulations as on the date of his retirement, for the unavailed earned leave subject to maximum of ten months plus all allowances that shall normally be admissible to the officer and other employee concerned during earned leave.
### 24. Encashment of earned leave .-An officer and other employee may be permitted to encash earned leave once in two years for a minimum period of fifteen days and a maximum period of thirty days:
Provided that at the time of such encashment he has to his credit a balance of leave which shall not be less than the leave so encashed.
### 25. Grant of sick leave .-(1) During the entire period of his service, an officer and other employee may be granted sick leave on medical grounds for a period or periods not exceeding eighteen months:
Provided that in the case of an officer and other employee, the production of a medical certificate may not be necessary if sick leave to be granted does not exceed five days and the competent authority is satisfied with the bona fides of the reason for such leave.
(2) Sick leave shall be on half-pay:
Provided that where an officer and other employee has served the Authority for at least a period of three years, he may, if he so requests, be permitted to avail himself, during the entire period of his service, of sick leave on leave pay up to a maximum period of nine months and such leave on leave pay will be entered in his sick leave account at twice the amount of leave taken by him.
Explanation .-For the purpose of this proviso, service includes probationary service rendered by an officer and other employee prior to confirmation.
(3) An officer and other employee may be granted sick leave during the first year of his service on pro rata basis at the discretion of the competent authority.
### 26. Maternity leave .-(1) Maternity leave, which shall be on leave pay, may be granted to a female officer and other employees up to a period of ninety days on full pay at a time and not more than one hundred and eighty days during the entire period of service.
(2) Female officers and other employees undergoing hysterectomy operation may also claim maternity leave for a period not exceeding fifteen days (including stay in hospital) within the overall ceiling of one hundred and eighty days.
(3) The competent authority may grant leave of any other kind admissible to the officer and other employee in combination with, or in continuation of maternity leave if the request for its grant is supported by a proper medical certificate.
### 27. Extraordinary leave .-(1) Extraordinary leave may be granted to an officer and other employee when no other leave is due to him.
(2) Except in exceptional circumstances, the duration of extraordinary leave shall not exceed ninety days on any one occasion and three hundred and sixty days during the entire period of an officer's and other employee's service.
(3) The competent authority may grant extraordinary leave in combination with, or in continuation of leave of any other kind admissible to the officer and other employee, and may commute retrospectively period of absence without leave into extraordinary leave.
(4) No pay and allowances shall be admissible during the period of extraordinary leave and the period spent on such leave shall not count for increments:
Provided that, in cases where the competent authority is satisfied that the leave was taken on account of illness or for any other cause beyond the officer and other employee's control, it may direct that the period of extraordinary leave may count for increments.
### 28. Joining time .-(1) Joining time may be granted to an officer and other employee to enable him to join a new post to which he is appointed while on duty in his previous post.
(2) Joining time shall not be granted when no change in the headquarters of an officer and other employee is involved.
(3) The pay and allowances of an officer and other employee on joining time shall be such as determined by the Authority.
(4) Joining time which may be allowed to an officer and other employee shall not exceed six days, exclusive of the number of days actually spent on travelling.
(5) In calculating joining time admissible to an officer and other employee, the day on which he is relieved from his old post shall be excluded but public holidays following the day of his relief shall be included in the joining time.
(6) Where an officer and other employee on transfer from one place to another (not within the same city) does not avail of the joining time or his joining time has been curtailed due to exigencies of Authority's service, he may be allowed to avail of special leave to the extent of unavailed joining time subject to a maximum of six days, at any time after the date of reporting at the new place but before the completion of a period of six months or such other extended period as may be agreed to by the competent authority for submitting supplementary travelling allowance bill in respect of his family and personal effects provided he has advised the office of this effect before proceedings on transfer:
Provided that Saturdays and Sundays or holidays prefixed to special leave in lieu of joining time shall be excluded but Saturdays or Sundays or holidays intervening such special leave shall be reckoned as special leave.
Chapter VII
Conduct, Discipline And Appeals
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### 29. Conduct and obligation of officers and other employees .-(1) The services of every officer and other employee shall be at the disposal of the Authority and the officer and other employee shall serve the Authority in its business in such capacity and at such place or places as he may, from time to time, be directed.
(2) Every officer and other employee shall conform to and abide by these regulations and shall observe, comply with and obey all orders and directions which may from time to time be given to him by any person or persons under whose jurisdiction, superintendence or control he may for the time being be placed.
(3) Every officer and other employee shall maintain the strictest secrecy regarding the Authority's affairs and shall not divulge, directly or indirectly, any information of a confidential nature coming into his possession while working for the Authority to anyone, unless compelled to do so by judicial or other authority, or unless instructed to do so by a superior officer in the discharge of his duties.
(4) Every officer and other employee shall serve the authority honestly and faithfully and shall use his utmost endeavour to promote the interests of the Authority and shall show courtesy and attention in all transactions and dealings between the officers and other employees of other organisations and the Authority.
(5) No officer and other employee shall take active part in politics or in any political demonstration, or stand for election as a member of a municipal council, district authority or any other local body or any legislative body while remaining in the service of the Authority.
(6) No officer and other employee who is not a "workman" within the meaning of the Industrial Disputes Act, 1947 (
14 of 1947
), shall resort to, or in any way abet, any form of strike or participate in any violent, unseemly or indecent demonstration in connection with any matter pertaining to his conditions of service or the conditions of service of any other officer and other employee of the Authority.
(7) No officer and other employee may contribute to the press, without the prior sanction of the competent authority or without such sanction make public or publish any document, paper or information which may come to his knowledge in his official capacity.
(8) No officer and other employee shall, except with the previous sanction of the chairperson, publish or cause to be published any leaflet book or any similar printed matter of which he is the author or deliver talk or lecture in any public meeting or otherwise:
Provided that no such sanction is, however, required, if such a broadcast or a contribution or a publication made by him either individually or as a member of a professional body is of a purely literary, artistic, scientific, professional, cultural, educational, religious or social character.
(9) No officer and other employee shall accept, solicit, or seek any outside employment or office, whether stipendiary or honorary, without the previous sanction of the chairperson.
### 30. Restriction on employment in certain cases .-(1) Notwithstanding anything contained in these regulations, no officer and other employee who has retired from the service of the Authority shall, within a period of two years from the date when he finally ceases to be in the Authority's service, accept or undertake a commercial employment in any insurance company except with the previous sanction in writing of the Authority.
(2) No officer and other employee shall use his position or influence directly or indirectly, to secure an employment with any insurer or intermediary registered with the Authority, of any person related, whether by blood or marriage to the officer and other employee or his spouse, whether such a person is dependent on the officer and other employee or not:
Provided however that where such an employment of any person related to an officer and other employee has been secured before the commencement of officer's and other employee's employment with the Authority or has been secured by the relative on the strength of his individual merit, then the restriction contained above shall not apply.
### 31. Evidence before committee or any other authority .-(1) Save as provided in sub-regulation (3), no officer and other employee shall, except with the previous approval of the competent authority, give evidence in connection with any inquiry conducted by any person, committee or authority.
(2) Where any approval has been accorded under sub-regulation (1), no officer and other employee giving such evidence shall criticise the policy or any action of the Central Government, or a State Government or the Authority.
(3) Nothing in this regulation shall apply to any evidence given,-
(a) at any inquiry before an Authority appointed by the Central Government, a State Government, Parliament or a State Legislature; or
(b) in any judicial inquiry; or
(c) at any departmental inquiry ordered by the competent authority.
### 32. Canvassing of non-official or outside influence .-No officer and other employee shall being or attempt to bring any political or other influence to bear upon any superior in the Authority to further his interests in respect of matters pertaining to his service in the Authority.
### 33. Prohibition of private trade or employment in certain cases .-No officer and other employee shall undertake any part-time work for a private or public body or a private person, or accept any fee, therefore, without the sanction of the Authority which shall grant the sanction only when it is satisfied that the work can be undertaken without detriment to his official duties and responsibilities:
Provided that the Authority may, in cases in which it thinks fit to grant such sanction, stipulate that any fees received by the officer and other employee for undertaking the work shall be paid, in whole or in part, to the Authority.
### 34. Absence from station .-An officer and other employee if so required by the competent authority, shall not absent himself from his station overnight without obtaining previous sanction of his superior.
### 35. Acceptance of gift .-(1) An officer and other employee shall not solicit or accept any gift or permit any member of his family or any person acting on his behalf to accept any gift from a person having dealings with the Authority or from any subordinate officer and other employee.
Explanation .-For the purposes of this regulation,-
(a) the expression "gift" shall include free transport, boarding, lodging or other service or any other pecuniary advantage when provided by any person other than a near relative or a personal friend having no official dealings with the officer and other employee;
(b) a casual meal, lift or other social hospitality shall not be deemed to be a gift;
(c) an officer and other employee shall avoid acceptance of lavish or frequent hospitality from any individual or concern having official dealings with him.
(2) An officer and other employee may accept gifts from his friends having no official dealing with him but he shall make a report to the competent authority if the value of such gift exceeds rupees two thousand.
### 36. Private trading .-(1) No officer and other employee shall engage in any commercial business or pursuit either on his own account or as agent for others, nor act as an agent for an insurance company nor shall he be connected with the formation or management of a joint stock company carrying on insurance or insurance related business.
(2) Canvassing by an officer and other employee in support of the business of insurance agency or commission agency carried on or managed by a member of his family shall be deemed to be a breach of this regulation.
### 37. Speculation in stock, shares, investments, etc .-An officer and other employee shall not trade or speculate in stock, shares or securities of a company engaged in insurance business of any description nor shall he make investments which are likely to embarrass or influence him in the discharge of his official duties.
### 38. Lending or borrowing .-No officer and other employee shall in his individual capacity,-
(a) borrow or permit any member of his family to borrow or otherwise place himself or a member of his family under a pecuniary obligation to a broker or a money-lender or an officer and other employee of the Authority or any person, association of persons, firm, company or institution, whether incorporated or not, having dealings with the Authority:
Provided that any loans on mortgage of property or on policies of insurance raised in the ordinary course shall not be prohibited;
(b) indulge in wagering or betting or speculation activities;
(c) guarantee in his private capacity the pecuniary obligations of another person or agree to indemnify in such capacity another person from loss except with the previous permission of the competent authority:
Provided that an officer and other employee may give to or accept from a relative or personal friend a purely temporary loan of a small amount free of interest, or operate a credit account with a bona fide tradesman or make an advance of pay to his private employee:
Provided further that an officer and other employee may obtain a loan from a bank or a co-operative credit society of which he is a member or stand as surety in respect of a loan taken by another member from a co-operative credit society of which he is a member.
### 39. Investment .-(1) No officer and other employee shall, without previous approval of the Authority, make or permit any member of his family to make any investment in any Indian insurance company or its subsidiaries for a total amount exceeding twenty thousand rupees.
(2) Any officer and other employee who buy or sells property worth rupees one lakh or above shall make a declaration to that effect to the Authority.
Explanation .-For the purpose of this regulation, the word "family" includes any relative ordinarily residing with or dependent on an officer and other employee.
### 40. Demonstration .-No officer and other employee shall engage or participate in any demonstration which is prejudicial to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or which involves contempt of Court, defamation or incitement to an offence.
### 41. Joining association prejudicial to the interest of country .-No officer and other employee shall join, or continue to be a member of an association or body, the objects or activities of which are prejudicial to the interests of the sovereignty and integrity of India or public order or morality.
### 42. Subscription .-No officer and other employee shall, except with the previous sanction of the competent authority, ask for or accept a contribution to or otherwise associate himself with the raising of any funds or other collections in cash or in kind in pursuance of any objective whatsoever.
### 43. Consumption of intoxicant drinks and drugs .-(1) An officer and other employee shall strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be posted for the time being.
(2) It shall be the duty of the officer and other employee to ensure that he,-
(a) takes due care that the performance of his duty is not affected in any way by the influence of any intoxicating drink or drug;
(b) does not appear in public place in a state of intoxication; and
(c) does not habitually use any intoxicating drink or drug to excess.
Explanation .-For the purpose of this regulation, the expression "public place" would include clubs (even exclusively meant for members where it is permissible for the members to invite non-members as guests), bars and restaurants, public conveyances and all other places to which the public have or are permitted to have access, whether on payment or otherwise.
### 44. Officers and other employees in debt .-An officer and other employee who is in debt shall furnish to the competent authority a signed statement of his position half-yearly on the 30th September and 31st March and shall indicate in the statement the steps he is taking to rectify his position. An officer and other employee who makes a false statement under this regulation or who fails to submit the prescribed statement or appears to be unable to liquidate his debts within a reasonable time or applies for the protection of an insolvency Court shall be liable to dismissal:
Explanation .-For the purpose of this regulation,-
(a) An officer and other employee shall be deemed to be in debt if his total liabilities exclusive of those which are fully secured exceed his substantive pay for twenty-four months;
(b) An officer and other employee shall be deemed to be unable to liquidate his debts within a reasonable time if it appears, having regard to his personal resources and unavoidable current expenses that he shall not cease to be in debt within a period of three years.
### 45. Submission of returns of movable, immovable and valuable properties .-(1) Every officer or other employee shall on his first appointment to any service or post in the Authority submit a return of his assets and liabilities in such form as may be specified by the Authority giving the full particulars regarding,-
(a) the immovable property inherited by him, or owned or acquired by him or held by him on lease or mortgage, either in his own name or in the name of any member of his family or in the name of any other person;
(b) shares, debentures and cash including bank deposits inherited by him or similarly owned, acquired, or held by him;
(c) other movable property inherited by him or similarly owned, acquired or held by him; and
(d) debts and other liabilities incurred by him directly or indirectly.
(2) Every officer or other employee belonging to any grade shall submit an annual return in such form as may be specified by the authority giving full details regarding the immovable property inherited by him or owned or acquired by him or held by him on lease or mortgage either in his own name or in the name of any member of his family.
(3) No officer or other employee except with the previous knowledge of the Authority, acquired or dispose of any immovable property by lease, mortgage, purchase, sale, gift or otherwise either in his own name or in the name of any member of his family:
Provided that the previous sanction of the Authority shall be obtained by the officer or other employee if any such transaction is with the person or an Indian insurance company having official dealings with him.
(4) Where the officer or other employee enters into a transaction in respect of movable property either in his own name or in the name of the member of the family, he shall, within sixty days from the date of such transaction report the same to the Authority.
### 46. Restrictions in relation to acquisition and disposal of immovable property outside India and transactions with foreigners, etc .-Notwithstanding anything contained in sub-regulation (3) of regulation 45, no officer and other employee, except with the previous sanction of the authority,-
(a) acquire, by purchase, mortgage, lease, gift or otherwise, either in his own name or in the name of any member of his family, any immovable property situated outside India;
(b) dispose of, by sale, mortgage, gift or otherwise or grant any lease in respect of any immovable property situated outside India which was acquired or is held by him either in his own name or in the name of any member of his family;
(c) enter into any transaction with any foreigner, foreign Government, foreign organisation or concern-
(i) for the acquisition, by purchase, mortgage, lease, gift or otherwise, either in his own name or in the name of any member of his family, or any immovable property;
(ii) for the disposal of, by sale, mortgage, gift or otherwise, or the grant of any lease in respect of any immovable property which was acquired or is held by him either in his own name or in the name of any member of his family.
### 47. Restriction regarding marriage .-(1) No officer and other employee shall enter into, or contract, a marriage with a person having a spouse living, and
(2) No officer and other employee having a spouse living, shall enter into, or contract, a marriage with any person:
Provided that the authority may permit an officer and other employee to enter into, or contract, any such marriage as is referred to in sub-regulation (1) of sub-regulation (2), if it is satisfied that-
(a) such marriage is permissible under the personal law applicable to such an officer and other employee and the other party to the marriage; and
(b) there are other grounds for so doing.
(3) An officer and other employee who has married or marries a person other than of India nationality shall intimate the fact to the Authority.
### 48. Suspension .-(1) The competent authority or any authority to which it is subordinate by general or special order may place an officer and other employee under suspension-
(a) where a disciplinary proceeding against him is contemplated or is pending, or
(b) where, in the opinion of the aforesaid authority, he has engaged himself in activities prejudicial to the interest of the Authority or interests of holders of insurance policies or insurance industry; or
(c) where a case against him in respect of any criminal offence is under investigation, inquiry or trial.
(2) An officer and other employee shall be deemed to have been placed under suspension by an order of the competent authority-
(a) with effect from the date of his detention, if he is detained in police custody, whether on criminal charge or otherwise for a period exceeding forty-eight hours;
(b) with effect from the date of his conviction, if, in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
Explanation .-The period of forty-eight hours referred to in clause (b) of this sub-regulation shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.
(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an officer and other employee under suspension is set aside in appeal or review under these regulations and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force, on and from the date of original order of dismissal or compulsory retirement and shall remain in force until further orders.
(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon an officer or other employee is set aside or declared or rendered void in consequence of or by a decision of a Court of law and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the officer or other employee shall be deemed to have been placed under suspension by the competent authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders:
Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the Court has passed an order purely on technical grounds without going into the merits of the case.
(5) (a)
An order of suspension made or deemed to have been made under this regulation shall continue to remain in force until it is modified or revoked by the competent authority.
(b) Where an officer or other employee is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceeding or otherwise), and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the competent authority to place him under suspension may, for reasons to be recorded by him in writing, direct that of officer or other employee shall continue to be under suspension until the termination of all or any of such proceedings.
(c) An order of suspension made or deemed to have been made under this regulation may at any time be modified or revoked by the Authority which made or is deemed to have made the order or by any other authority to which that authority is subordinate.
### 49. Penalties .-The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on an officer and other employee, namely:-
(a) Minor penalties being-
(i) censure;
(ii) withholding of his promotion;
(iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the authority by negligence or breach of orders;
(iv) reduction to a lower stage in the time-scale of pay for a period not exceeding three years, without cumulative effect and not adversely affecting his pension;
(v) withholding of increments of pay.
(b) Major penalties being-
(i) save as provided for in sub-clause (iv) of clause (a), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not the officer and other employee shall earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction shall or shall not have the effect of postponing the future increments of his pay;
(ii) reduction to lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the officer and other 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 or service from which the officer and other employee was reduced and his seniority and pay on such restoration to that grade, post or service;
(iii) compulsory retirement;
(iv) removal from service which shall not be a disqualification for future employment;
(v) dismissal from service which shall ordinarily be a disqualification for future employment:
Provided that, in every case in which the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in sub-clause (iv) or (v) of clause (b) shall be imposed:
Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.
Explanation .-The following shall not amount to a penalty within the meaning of this regulation, namely:-
(i) withholding of increment of an officer or other employee for his failure to pass any departmental examination in accordance with the regulations or orders governing the service to which he belongs or post which he holds or the terms of his appointment;
(ii) stoppage of an officer and other employee at the efficiency bar in the time scale of pay on the ground of his unfitness to cross the bar;
(iii) non-promotion of an officer and other employee, whether in a substantive or officiating capacity, after consideration of his case, to a service, grade or post for promotion to which he is eligible;
(iv) reversion of an officer and other employee officiating in a higher service, grade or post, on the ground that he is considered to be unsuitable for such higher service, grade or post or on any administrative ground unconnected with his conduct;
(v) reversion of an officer and other employee appointed on probation to any other service, grade or post, to his permanent service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the regulations and orders governing such probation;
(vi) replacement of the services of an officer and other employee, whose services had been borrowed from any organisation, Government, etc., at the end of the term of deputation;
(vii) compulsory retirement of an officer and other employee in accordance with the provisions relating to his superannuation of retirement;
(viii) termination of the services-
(a) of an officer and other employee appointed on probation, during or at the end of the period of his probation, in accordance with the terms of his appointment or the regulations and orders governing such probation, or
(b) of an officer and other employee, employed under an agreement, in accordance with the terms of such agreement.
### 50. Disciplinary authorities .-(1) The chairperson may impose any of the penalties specified in regulation 49 on any officer and other employee;
(2) Without prejudice to the provisions of sub-regulation (1), any of the penalties specified in regulation 49 may be imposed on an officer and other employee by the competent authority or any authority to which it is subordinate.
### 51. Authority to institute proceedings .-The chairperson or any other authority empowered by him by general or special order may-
(a) institute disciplinary proceedings against any officer and other employee;
(b) direct a disciplinary authority to institute disciplinary proceedings against any officer or other employee on whom that disciplinary authority is competent to impose under these regulations any of the penalties specified in regulation 49.
### 52. Procedure for imposing major penalties .-(1) No order imposing any of the penalties specified in sub-clauses (i) to (v) of clause (b) of regulation 49 shall be made expect after an inquiry held, as far as may be, in the manner provided in this regulation and regulation 53.
(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against an officer and other employee, it may itself inquire into, or appoint under this regulation, an authority to inquire into the truth thereof.
Explanation .-Where the disciplinary authority itself hold the inquiry, any reference in regulation 49 to regulation 65 to the inquiring authority shall be construed as a reference to the disciplinary authority.
(3) Where it is proposed to hold an inquiry against an officer and other employee under this regulation, the disciplinary authority shall draw up or cause a case to be drawn up containing-
(i) the substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charge;
(ii) a statement of the imputations of misconduct or misbehaviour in support of each article of charge, which shall contain-
(a) a statement of all relevant facts including any admission or confession made by the officer and other employee;
(b) a list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained.
(4) The disciplinary authority shall deliver or cause to be delivered to the officer and other employee a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article or charge is proposed to be sustained and shall require the officer and other employee to submit, within such time as may be specified, a written statement of his defence and state whether he desires to be heard in person.
(5) (a)
On respect of the written statement of defence, the disciplinary authority may itself inquire into such of the articles of charge as are not admitted, or, if it considers it necessary to do so, appoint under sub-regulation (2) , an inquiring authority for the purpose, and where all the articles of charge have been admitted by the officer and other employee in his written statement defence, the disciplinary authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in regulation 53.
(b) If no written statement of defence is submitted by the officer and other employee, the disciplinary authority may itself inquire into the articles of charge, or may, if it considers it necessary to do so, appoint, under sub-regulation (2) above, an inquiring authority for the purpose.
(c) Where the disciplinary authority itself inquires into any article of charge or appoints an inquiring authority for holding any inquiry into such charge, it may, by an order, appoint an officer of the authority or a legal practitioner, to be known as the "presenting officer" to present on its behalf the case in support of the articles of charge.
(6) The disciplinary authority shall, where it is not the inquiring authority forward to the inquiring authority-
(i) a copy of the articles of charge and the statement of the imputations of misconduct or misbehaviour;
(ii) a copy of the written statement of the defence, if any, submitted by the officer or other employee;
(iii) a copy of the statements of witnesses, if any, referred to in sub-regulation (3) above.
(iv) evidence proving the delivery of the documents referred to in sub-regulation (3) above, to the officer or other employee; and
(v) a copy of the order appointing the "presenting officer".
(7) The officer and other employee shall appear in person before the inquiring authority on such day and at such time within ten working days from the date of receipt by the inquiring authority of the articles of charge and the statement of the imputations of misconduct or misbehaviour, as the inquiring authority may, by notice in writing, specify, in this behalf, or within such further time, not exceeding ten days, as the inquiring authority may allow.
(8) (a)
The officer or other employee may take the assistance of any other officer or other employee posted in any office either at his headquarters or at the place where the inquiry is hold, to present the case on his behalf, but may not engage a legal practitioner for the purpose, unless the presenting officer appointed by the disciplinary authority is a legal practitioner, or, the disciplinary authority, having regard to the circumstances of the case, so permits:
Provided that the officer or other employee may take the assistance of any other officer and other employee posted at any other station, if the inquiring authority having regard to the circumstances of the case, and for reasons to be recorded in writing so permits;
(b) The officer and other employee may also take the assistance of a retired officer or other employee of the authority to present the case on his behalf, subject to such conditions as may be specified by the chairperson from time to time by general or special order in this behalf.
(9) If the officer and other employee, who has not admitted any of the articles of charge in his written statement of defence or has not submitted any written statement of defence, appears before the inquiring authority, such authority shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the inquiring authority shall record the plea, sign the record and obtain the signature of the officer and other employee thereon.
(10) The inquiring authority shall return a finding of guilty in respect of those articles of charge to which the officer and/or other employee pleads guilty.
(11) The inquiring authority shall, if the officer and/or other employee fails to appear within the specified time or refuses or omits to plead, require the presenting officer to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a later date not exceeding thirty days, after recording an order that the officer and employee may, for the purpose of preparing his defence-
(i) inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow, the documents specified in the list referred to in sub-regulation (3);
(ii) submit a list of witnesses to be examined on his behalf,
(iii) give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring authority may allow, for the discovery or production of any documents which are in the possession of the authority but not mentioned in the list referred to in sub-regulation (3).
(12) The inquiring authority shall, on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the documents by such date as may be specified in such requisition:
Provided that the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case.
(13) One receipt of the requisition referred to in sub-regulation (12), every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority:
Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against public interest or security of the State, it shall inform the inquiring authority accordingly and the inquiring authority shall, on being so informed, communicate the information to the officer and other employee and withdraw the requisition made by it for the production or discovery of documents.
(14) On the date fixed for the inquiry, (a) the oral and documentary evidence, by which the articles of charge are proposed to be proved, shall be produced by or on behalf of the disciplinary authority; (b) the witnesses shall be examined by or on behalf of the presenting officer and may be cross-examined by or on behalf of the officer and other employee; (c) the presenting officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring authority; (d) the inquiring authority may also put such questions to the witnesses as it thinks fit.
(15) (a)
If it shall appear necessary before the close of the case on behalf of the disciplinary authority, the inquiring authority may, in its discretion, allow the presenting officer to produce evidence not included in the list given to the officer and other employee or may itself call for new evidence or recall and re-examine any witness and in such case the officer and other employee shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the day of adjournment and the day to which the inquiry is adjourned.
(b) The inquiring authority shall give the officer and other employee an opportunity of inspecting such documents before they are taken on the record.
(c) The inquiring authority may also allow the officer and other employee to produce new evidence, if it is of the opinion that the production of such evidence is necessary in the interests of justice.
(16) (a)
When the case for the disciplinary authority is closed, the officer and other employee shall be required to state his defence, orally or in writing, as he may prefer.
(b) If the defence is made orally, it shall be recorded, and the officer and other employee shall be required to sign the record.
(c) In either case, a copy of the statement of defence shall be given to the presenting officer, if any, appointed.
(17) (a)
The evidence on behalf of the officer and other employee shall then be produced.
(b) The officer and other employee may examine himself in his own behalf if he so prefers.
(c) The witnesses produced by the officer and other employee shall then be examined and shall be liable to cross-examination, re-examination and examination by the inquiring authority according to the provisions applicable to the witnesses for the disciplinary authority.
(18) The inquiring authority may, after the officer and other employee closes his case, and shall, if the officer and other employee has not examined himself, generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the officer and other employee to explain any circumstances appearing in the evidence against him.
(19) The inquiring authority may, after the completion of the production of evidence, hear the presenting officer, if any, appointing and the officer and other employee, or permit them to file written briefs of their respective case, if they so desire.
(20) If the officer and other employee to whom a copy of the articles of charge has been delivered, does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of this regulation, the inquiring authority may hold the inquiry.
(21) (a)
Where a disciplinary authority competent to impose any of the penalties specified in sub-clauses (i) to (iv) of clause (a) of regulation 49 but not competent to impose any of the penalties specified in sub-clauses (i) to (v) of clause (b) regulation 49, has itself inquired into or caused to be inquired into the articles of any charge and that authority, having regard to its own findings or having regard to its decision on any of the findings of any inquiring authority appointed by it, is of the opinion that the penalties specified in sub-clauses (i) to (v) of clause (b) of regulation 49 should be imposed on the officer and other employee, that authority shall forward the records of the inquiry to such disciplinary authority as is competent to impose the last mentioned penalties.
(b) The disciplinary authority to which the records are so forwarded may act on the evidence on the record; if it is of the opinion that further examination of any of the witnesses is necessary in the interests of justice, recall the witnesses and examine, cross-examine and re-examine the witnesses and may impose on the officer and other employee such penalty as it may deem fit in accordance with these regulations.
(22) Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has, and which exercises, such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and partly recorded by itself:
Provided that if the succeeding inquiry authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, it may recall, examine, cross-examine and re-examine any such witnesses as hereinbefore provided.
(23) (i)
After the conclusion of the inquiry, a report shall be prepared and it shall contain-
(a) the articles of charge and the statement of the imputations of misconduct or misbehaviour;
(b) the defence of the officer and other employee in respect of each of articles of charge;
(c) an assessment of the evidence in respect of each article of charge;
(d) the findings on each article of charge and reasons therefor.
Explanation .-If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different from the original articles of charge, it may record its findings on such article of charge:
Provided that the findings on such article of charge shall not be recorded unless the officer and other employee has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of charge.
(ii) The inquiring authority, where it is not itself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include-
(a) the report prepared by it under clause (i);
(b) the written statement of defence, if any, submitted by the officer and/or other employee;
(c) the oral and documentary evidence produced in the course of the inquiry;
(d) written briefs, if any, filed by the presenting officer or the officer and other employee or both during the course of the inquiry; and
(e) the orders, if any, made by the disciplinary authority and the inquiring authority in regard to the inquiry.
### 53. Action on the inquiry report .-(1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of regulation 52 as far as may be.
(2) The disciplinary authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the disciplinary authority or where the disciplinary authority is not the inquiring authority a copy of the report of the inquiring authority to the officer and other employee who shall be required to submit, if he so desires, his written representation of submission to the disciplinary authority within fifteen days, irrespective of whether the report is favourable or not to the officer and other employee.
(3) The disciplinary authority shall consider the representation, if any, submitted by the officer and other employee before proceeding further in the manner specified in sub-regulations (4) to (6).
(4) The disciplinary authority shall, if it disagrees with the findings of the inquiring authority on any article of charge, record its reasons for such disagreement and record its own findings on such charge if the evidence record is sufficient for the purpose.
(5) If the disciplinary authority, having regard to its findings on all or any of the articles of charge, is of the opinion that any of the penalties specified in sub-clauses (i) to (v) of clause (a) of regulation 49 should be imposed on the officer and other employee, it shall, notwithstanding anything contained in regulation 54, make an order imposing such penalty.
(6) If the disciplinary authority having regard to its findings on all or any of the articles of charge and on the basis of the evidence adduced during the inquiry is of the opinion that any of the penalties specified in sub-clauses (i) to (v) of clause (b) of regulation 49 should be imposed on the officer and other employee, it shall make an order imposing such penalty and it shall not be necessary to give the officer and other employee any opportunity of making representation on the penalty proposed to be imposed.
### 54. Procedure for imposing minor penalty .-(1) Subject to the provisions of sub-regulation (5) of regulation 53, no order imposing on an officer and other employee any of the penalties specified in sub-clauses (i) to (v) of clause (a) of regulation 49 shall be made except after-
(a) informing the officer and other employee in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving him reasonable opportunity of making such representation as he may wish to make against the proposal;
(b) holding an inquiry in the manner laid down in sub-regulations (3) to (23) of regulation 52, in every cash in which the disciplinary authority is of the opinion that such inquiry is necessary;
(c) taking the representation, if any, submitted by the officer and other employee under cause (a) and the record of inquiry, if any held under clause (b) into consideration;
(d) recording a finding on each imputation of misconduct or mis-behaviour.
(2) Notwithstanding anything contained in clause (b) of sub-regulation (1), if in a case it is proposed after considering the representation, if any, made by the officer and other employee under clause (a) of that sub-regulation, to withhold increments of pay and such withholding of increments is likely to affect adversely the amount of pension payable to the officer and other employee or to withhold increments of pay for a period exceeding three years or to withhold increments of pay with cumulative effect for any period, an inquiry shall be held in the manner laid down in sub-regulations (3) to (23) of regulation 52, before making any order imposing on the officer and other employee any such penalty.
(3) The record of the proceedings in such cases shall include-
(i) a copy of the intimation to the officer and other employee of the proposal to take action against him;
(ii) a copy of the statement of imputations of misconduct or mis-behaviour delivered to him;
(iii) his representation, if any;
(iv) the evidence produced during the inquiry;
(v) the findings on each imputation of misconduct or misbehaviour; and
(vi) the orders on the case together with the reasons therefor.
### 55. Communication of orders .-Orders made by the disciplinary authority shall be communicated to the officer and other employee who shall also be supplied with a copy of its finding on each article of charge, or where the disciplinary authority is not the inquiring authority a statement of the findings of the disciplinary authority together with brief reasons for its disagreement, if any, with the findings of the inquiring authority and reasons for non-acceptance.
### 56. Common proceedings .-(1) Where two or more officers and other employees are concerned in any case, the chairperson or any other authority competent to impose the penalty of dismissal from service on all such officers and other employees may make an order directing that disciplinary action against all of them may be taken in a common proceeding.
(2) Subject to the provisions of regulation 50, any such order shall specify-
(i) the Authority which may function as the disciplinary authority for the purpose of such common proceeding;
(ii) the penalties specified in regulation 49 which such disciplinary authority shall be competent to impose;
(iii) whether the procedure laid down in regulation 52, regulation 53 and regulation 54 shall be followed in the proceeding.
### 57. Special procedure in certain cases .-Notwithstanding anything contained in regulation 52 to regulation 56-
(i) where any penalty is imposed on an officer and other employee on the ground of misconduct which has led to his conviction on a criminal charge; or
(ii) where the disciplinary authority is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these regulations, or
(iii) where the chairperson is satisfied that in the interest of the security of the State, it is not expedient to hold any inquiry in the manner provided in these regulations, the disciplinary authority may consider the circumstances of the case and make such orders thereon and it deems fit:
Provided that the officer and/or other employee may be given an opportunity of making representation on the penalty proposed to be imposed before any order is made in a case under clause (i) .
### 58. Orders against which appeal lies .-An officer and other employee may prefer an appeal against all or any of the following orders, namely:-
(i) an order of suspension made or deemed to have been made under regulation 48;
(ii) an order imposing any of the penalties specified in regulation 49 whether made by the disciplinary authority or by any appellate or (reviewing) authority;
(iii) an order enhancing any penalty, imposed under regulation 49;
(iv) an order which-
(a) denies or varies to his disadvantage his pay, allowances, or other conditions of service; or
(b) interprets to his disadvantage the provisions of any such regulation or agreement; or
(v) an order-
(a) stopping him at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;
(b) reverting him while officiating in a higher service, grade or post, otherwise than as a penalty;
(c) reducing or withholding the pension or denying the maximum pension admissible to him under the regulations;
(d) determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof;
(e) determining his pay and allowance-
(i) for the period of suspension, or
(ii) for the period from the date of his dismissal, removal or, compulsory retirement from service, or from the date of his reduction of a lower service, grade, post, time-scale or stage in a time-scale of pay, to the date of his reinstatement or restoration to his service, grade or post; or
(f) determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time-scale or pay or stage in a time-scale of pay to the date of his reinstatement or restoration to his service, grade or post shall be treated as a period spent on duty for any purpose.
Explanation .-In this regulation,-
the expression "officer and other employee" includes a person who has ceased to be in the service of the Authority.
### 59. Appellate authority .-(1) An officer and other employee, including a person who has ceased to be in the service of the Authority, may prefer an appeal against all or any of the orders specified in regulation 58 to the appellate authority specified in this behalf either in the Schedule or by a general or special order of the chairperson or, where no such authority is specified to the Authority.
(2) Notwithstanding anything contained in sub-regulation (1)-
(i) An appeal against an order in a common proceeding held under regulation 56 shall be lie to the Authority to which the Authority functioning as the disciplinary authority for the purpose of that proceeding is immediately subordinate:
Provided that where such authority is subordinate to the chairperson in respect of an officer and other employee for whom chairperson is the appellate authority in terms of sub-clause (b) of clause (i) of sub-regulation (1), the appeal shall lie with the Authority.
(ii) Where the person who made the order appealed against becomes, by virtue of his subsequent appointment or otherwise, the appellate authority in respect of such order, an appeal against such order shall lie to the Authority to which such person is immediately subordinate.
(3) An officer and other employee may prefer an appeal against an order imposing any of the penalties specified in regulation 49 to the chairperson, where no such appeal lies to him under sub-regulation (1) or sub-regulation (2), if such penalty is imposed by any authority other than the chairperson, on such officer and other employee in respect of his activities connected with his work as an office-bearer of an association, federation of union.
### 60. Period of limitation of appeals .-No appeal preferred under this part shall be entertained unless such appeal is preferred within a period of forty-five days from the date on which a copy of the order appealed against is delivered to the appellant:
Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellate had sufficient cause for not preferring the appeal in time.
### 61. Form and contents of appeal .-(1) Every person preferring an appeal shall do so separately and in his own name.
(2) The appeal shall be presented to the Authority to whom the appeal lies, a copy being forwarded by the appellant to the Authority which made the order appealed against. It shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language, and shall be complete in itself.
(3) The appellate authority which made the order appealed against shall, on receipt of a copy of the appeal, forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay, and without waiting for any direction from the appellate authority.
### 62. Consideration of appeal .-(1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of regulation 48 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.
(2) In the case of an appeal against an order imposing any of the penalties specified in regulation 49 or enhancing any penalty imposed under the said regulations, the appellate authority shall consider-
(a) whether the procedure laid down in these regulations has been complied with or has resulted in the failure of justice;
(b) whether the findings of the disciplinary authority are warranted by the evidence on the record; and
(c) whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe, and pass orders-
(i) confirming, enhancing, reducing, or setting aside the penalty; or
(ii) remitting the case to the authority which imposed or enhanced the penalty or to any other authority with such direction as it may deem fit in the circumstances of these cases:
Provided that-
(i) if such enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in sub-clauses (i) to (v) of clause (a) regulation 49 and an inquiry under regulation 52 has not already been held in the case, the appellate authority shall itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of regulation 52 and thereafter, on a consideration of the proceedings of such inquiry and make such orders as it may deem fit;
(ii) if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in regulation 49 and an enquiry under regulation 52 has been held in the case, the appellate authority shall make such orders as it may deem fit after the appellant has been given a reasonable opportunity of making a representation against the proposed penalty; and
(iii) no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity, as far as may be in accordance with the provisions of regulation 54, of making a representation against such enhanced penalty.
(3) In an appeal against any other order specified in regulation 62 the appellate authority shall consider all the circumstances of the case and make such orders as it may deem just and equitable.
### 63. Implementation of orders in appeal .-The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.
### 64. Revision .-(1) Notwithstanding anything contained in these regulations-
(i) the chairperson; or
(ii) the appellate authority, within six months of the date of the order may, at any time, either on his or its own motion or otherwise call for the records of any inquiry and revise any order made under these regulations, and may-
(a) confirm, modify or set aside the order, or
(b) confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed; or
(c) remit the case to the authority which made the order to or any other authority directing such authority to make such further enquiry as it may consider proper in the circumstances of the case; or
(d) pass such other orders as it may deem fit:
Provided that no order imposing or enhancing any penalty shall be made by any revising authority unless the officer and other employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the penalties specified in sub-clauses (i) to (v) of clause (b) regulation 49 or to enhance the penalty imposed by the order sought to be revised to any of the penalties specified in those clauses, and if any inquiry under regulation 52 has not already been held in the case no such penalty shall be imposed except after an inquiry in the manner laid down in regulation 52:
Provided further that no power of revision shall be exercised unless-
(i) the authority which made the order in appeal, or
(ii) the authority to which an appeal would lie, where no appeal has been preferred, is subordinate to him.
(2) No proceeding for revision shall be commenced until after-
(i) the expiry of the period of limitation for an appeal, or
(ii) the disposal of the appeal, where any such appeal has been preferred.
(3) An application for revision shall be dealt with in the same manner as if it were an appeal under these regulations.
### 65. Review .-The authority may, at any time, either on its own motion or otherwise review any order passed under these regulations, when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come, or has been brought to his notice:
Provided that no order imposing or enhancing any penalty shall be made by the authority unless the officer and other employee concerned has been given a reasonable opportunity of making a representation against the penalty proposed or where it is proposed to impose any of the major penalties specified in regulation 49 or to enhance the minor penalty imposed by the order sought to be reviewed to any of the major penalties and if an enquiry under regulation 52 has not already been held in the case, no such penalty shall be imposed except after inquiring in the manner laid down in regulation 52.
### 66. Service of orders, notices, etc .-Every order, notice and other process made or issued under these regulations shall be served in person on the officer and other employee concerned or communicated to him by registered post.
Chapter VIII
Miscellaneous
-------------------------------
### 67. Medical facilities .-Medical facilities shall be provided by the Authority to its officers and other employees in accordance with the regulations made by the Authority from time to time.
### 68. Travelling and halting allowance .-Travelling and halting allowances shall be paid to the officers and other employees according to such rates and on such terms and conditions as may be approved by the Authority from time to time.
### 69. Deputation .-(1) No officer and other employee of the Authority may be deputed to serve under any other employee without the approval of the chairperson who shall determine the duration of such deputation and the terms and conditions on which the deputation shall take effect; provided that no officer and other employee may be so deputed against his will.
(2) Where the services of an officer and other employees of the Authority are placed at the disposal of any other employer, it shall be a condition of such a deputation that the other employer shall, during the period of such deputation, bear the entire cost of the services of the officer and other employees as may be indicated in the order of deputation.
### 70. Provident fund .-Every officer and other employee of the authority shall become a member of a provident fund to be established by the authority.
### 71. Insurance scheme or fund .-It shall be required of every officer and other employee bound by these regulations to subscribe to any insurance scheme or fund that may be instituted by the Authority for the benefit of its officers and other employees and their families and to be bound by the regulations of the said scheme of fund:
Provided that nothing contained in this regulation shall serve to curtail any superannuation benefits which may otherwise be admissible to an officer and other employee.
### 72. Grievance redressal and welfare .-(1) The Authority shall constitute a grievance redressal committee to look into the grievances, if any, of its officers and other employees and it may appoint any of its members of chairperson to act as an appellate authority to decide the appeals arising out of the decisions of the committee.
(2) The committee shall provide reasonable opportunity of hearing the aggrieved person before a final decision is recorded on the grievance.
(3) The Authority shall take such steps as it considers necessary for the welfare and development of its officers and other employees.
Schedule
----------
(See clauses (b) and (c) of sub-regulation (1) of regulation 3)
COMPETENT AUTHORITIES/APPELLATE AUTHORITIES
| | | | |
| --- | --- | --- | --- |
|
Regulation No.
|
Matters
|
Competent authority
|
Appellate authority
|
|
(1) |
(2) |
(3) |
(4) |
|
4(3) |
Appointments and promotion (Class I) other than executive directors
|
Chairperson
|
Authority
|
|
|
Appointment and promotion to the post of executive director
|
Chairperson in consultation with a commit consisting of three members of the authority
|
Authority
|
|
|
Appointments and promotion (Class 11)
|
Member
|
Chairperson
|
|
|
Appointments and promotion (ClassIIIand Class IV)
|
Executive director
|
Member
|
|
6(4) and (5)
|
To receive notice, acceptance or refusal or waiver thereof to discontinue or resign the service
(all classes of officers and other employees)
|
Appointing authority
|
Next higher authority
|
|
7(6) |
Regulation of period between date of permanent retirement and date of reinstatement
|
Chairperson
|
authority
|
|
7(8) , (9) and (10)
|
Permission to seek retirement after attaining the age of fifty years (in the case of Class I officer and Class II employees) or after attaining the age of fifty-five years in the case of other employees
|
Chairperson
|
Authority
|
|
7(11) |
Specific approval to withdraw the notice of retirement
|
Chairperson
|
Authority
|
|
10(1) |
Assessing the suitability of officers and other employees to promotion posts
|
Chairperson for Class I officers,
Member for Class II employees and executive director for ClassIIIand IV employees
|
Authority
Next higher authority
|
|
11
|
Reversion
|
Chairperson for Class I officers, member for Class II employee and executive director for ClassIIIand IV employees
|
Next higher authority
|
|
12(3) |
Passing of an order for accrual of benefits, entitlement of allowances, etc., in the case of discharge or suspension or removal of officer and other employees
|
Chairperson
|
Authority
|
|
13(3) |
Sanction to draw increments
|
Competent authority
|
Next higher authority
|
|
17 read with 18, 20, 21(3) , 23(6),
25(1) , 25(3), 26(3), 27(2), (3) and 28(6)
|
Casual leave
|
1.Regional in-charge
2. Departmental in-charge or immediate superior Class I officer
|
Next higher authority
Next higher authority
|
|
|
Earned leave
|
Regional in-charge, departmental in-charge under intimation to his superior Class I officer
|
Next higher authority
|
|
|
Sick leave and maternity leave
|
Regional in-charge, departmental in-charge under intimation to his superior Class I officer
|
Next higher authority
|
|
|
Extraordinary leave
Other leave, if any Explanation
|
Chairperson
Chairperson/member/executive director/next superior Class I officer
|
|
|
|
1. For the purposes of grant of leave, other than extraordinary leave, to the officers and other employees directly reporting to member, the competent authority is the respective member.
|
|
|
|
|
2. The grant of leave in the absence of regional in charge will be by the next senior Class I officer of the regional officer or the executive director (headquarters) |
|
|
|
|
3. Leave in respect of executive director will be sanctioned by the chairperson and in his absence by the senior most member of the authority
|
|
|
|
29(7) |
Contribution to the press
|
Chairperson or member authorised by him
|
Authority
|
|
31(1) |
Giving of evidence
|
Chairperson
|
Authority
|
|
34
|
Permission to be absent from station
|
1. Chairperson for Executive director Member for Class I officers and Class II employee
2. Executive director/regional in-charge for ClassIIIand IV employees
|
Next higher
|
|
35(2) |
Report in regard to receipt of gifts from friends
|
Chairperson
|
authority
|
|
38(c) |
Permission to stand guarantee in private capacity
|
1. Chairperson for Executive director
2. Member for other Class I officers and Class II employees
3. Executive director/regional in-charge for ClassIIIand IV employees
|
Authority
Chairperson
Member
|
|
42
|
Sanction for subscription
|
Chairperson
|
Authority
|
|
44
|
Officer and other employees in debt to furnish a statement
|
Chairperson
|
Authority
|
|
48
|
Suspension (Class I officers)
|
Chairperson
|
Authority
|
|
|
Suspension (Class II employees)
|
Member
|
Chairperson
|
|
|
Suspension (ClassIIIand IV employees)
|
Executive director
|
Member
|
|
49 and 50
|
Award of penalties:
i, ii, iii, iv, v
|
1. Member in the case of Class I officers and Class II employees
2. Executive director in the case of other employees
|
Chairperson
Member
|
|
|
(b) Major penalties
|
1. Members in the case of Class I officers and Class II employees
|
Chairperson
|
|
|
i, ii
|
2. Executive director in the case of other employees Chairperson
|
Member
|
|
|
iii, iv and v
|
Chairperson
|
Authority
|
|
|
Explanation.-The competent authority indicated in column 3 above is, without prejudice to the provisions of sub-regulation (1) of regulation 50, to be taken as the disciplinary authority.
|
|
|
|
65b961a6ab84c7eca86e8fb5 | acts |
State of Bihar - Act
----------------------
Bihar Shops & Establishments Act, 1953
----------------------------------------
BIHAR
India
Bihar Shops & Establishments Act, 1953
========================================
Act 8 of 1954
---------------
* Published on 15 February 1955
* Commenced on 15 February 1955
Bihar Shops & Establishments Act, 1953
(Bihar Act
8 of 1954
)
Last Updated 7th February, 2020
It received the assent of the President on 17.3.1954 and is in force from 15.2.1955 vide notification no. 1/S6-108. 55L-1794 L dated 15.2.1955.
An Act to provide for the Regulation of conditions of work and employment in shops and other establishments and for certain other purposes.
Whereas it is expedient to provide for the regulation of conditions of work and employment in shops and other establishment and for certain other purposes hereinafter specified.
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement.
(1) This Act may be called the Bihar Shops and Establishments Act, 1953.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force on such date as the State Government may, by notification appoint and different dates may be appointed for different provisions of this Act or for different areas or for different classes of shops or establishments.
(4) It shall apply, in the first instance, to the local areas comprised within a municipality, notified area or a municipal corporation constituted and established under any law for the time being in force, relating to municipalities and to any mining settlement for which a Mines Board of Health has been established under section 5 of the Bihar and Orissa Mining Settlements Act, 1920 (B. & O. Act IV of 1920).
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context -
(1) "Apprentice" means a person, aged not less than twelve years, who is employed, whether on payment of wages or not, for the purpose of being trained in any trade, craft or employment in any establishment;
(1A)
"child" means a person who has not completed the age of fourteen years;
(2) "closed" means not open for the service of any customer to any business connected with the establishment;
(3) "day" means a period of twenty-four hours beginning at midnight:
Provided that, in the case of an employee whose hours of work begins before and extend beyond midnight, day means a period of twenty-four hours beginning at the hour his work commences;
(4) [ "employee" means a person wholly or partially employed for hire, wages including salary, reward, or commission in and in connection with any establishment and includes 'apprentice' but does not include member of the employer's family. It also includes person employed in a factory who are not worker within the meaning of the Factories Act, 1948 ( 63 of 1948), and for the purpose of proceeding under this Act, include an employee, who has been dismissed, discharged or retrenched for any reason whatsoever;]
[Substituted by Act 2 of 1975.]
(5) "employer" means a person who owns or exercise ultimate control over the affairs of an establishment and includes a manager, agent or any other person in the immediate charge of the general management or control of such establishment;
(6) [ "establishment" means an establishment which carries on any business, trade or profession or any work in connection with, or incidental or ancillary to any business, trade or profession and includes -
[Substituted by Act 2 of 1975.]
(i) administrative or clerical service appertaining to such establishment;
(ii) a shop, restaurant, residential hotel, eating house, theatre or any place of public amusement or entertainment; and
(iii) such other establishment as the State Government may, by notification, declare to be an establishment to which the Act applies; but does not include a 'motor transport undertaking' as defined in clause (g) of section 2 of the Motor Transport Workers Act, 1961 (27 of 1961).]
(7) "family" in relation to an employer means the husband or wife, child or children, father or mother, brother or sister, brother's son, sister's son, daughter's son and son's son of such employer living with him and dependent on him;
(8) "holiday" means a day on which an establishment shall remain closed or on which an employee shall be given a holiday under the provisions of this Act;
(9) "Inspecting officer" means an Inspecting Officer appointed under sub-section (1) of section 29 and includes the Chief Inspecting Officer, Additional Inspecting Officer and ex-officio Inspecting Officer appointed under or referred to in that section;
(10) "Leave" means leave provided for in Chapter IV of this Act;
(10A)
"Opened" means opened for the service of any customer or for any business connected with the establishment;
(10B)
"Period of work" means the time during which an employee is at the disposal of the employer;
(11) "Prescribed" means prescribed by rules made under this Act;
(12) "Residential hotel" means any premises used for the reception of guests travellers desirous of dwelling or sleeping therein and includes a club;
(13) "Restaurant" or "eating house" means any premises in which is carried on wholly or principally the business of the supply of meal or refreshments to the public or a class of the public for consumption on the premises;
(14) "Retail trade, or business" includes the business of a hawker, hairdresser, the sale of cooked food, refreshments or intoxicating liquors and retail sale by auction;
(15) "Schedule" means the Schedule appended to this Act;
(16) "Shop" means any premises where goods are sold, either by retail or wholesale or where services are rendered to customers and includes an office, store-room, godown, warehouse and work place, whether in the same premises or elsewhere, used in connection with such sales or services, but does not include a restaurant, a residential hotel, eating house, theatre or other place of public amusement or entertainment;
(17) "Spread over" means the period between the commencement and the termination of an employee on any day;
(18) "Theatre" includes any premises intended principally or wholly for the exhibition of pictures or other optical effects by means of a cinematograph or other suitable apparatus or for dramatic performance, or any other public amusement or entertainment;
(19) "Wage period" in relation to the payment of wages of any employee, means a wage period fixed by an employer under section 20 in respect of such employee;
(20) "Wages" means wages as defined in the Payment of Wages Act, 1936 (IV of 1936) and includes the dearness allowance as the workman is for the time being entitled to;
(21) "Week" means a period of seven days beginning at midnight of Saturday;
(21A)
[ "Year" means a year commencing on the first day of January, and]
[Inseted by Act 12 of 1961]
(22) "Young person" means a person who is not a child and has not completed the age of eighteen years.
### 3. Reference to time of day.
- References to the time of day in this Act are reference to the Indian Standard Time, which is five and a half hours ahead of Greenwich Mean Time.
### 4. Exceptions.
(1) The provisions of this Act shall not apply to any precinct or premises of a mine as defined in clause (j) of section 2 of the Mines Act, 1952 (XXV of 1952).
(2) Notwithstanding anything contained in this Act, the provisions thereof specified in the third column of the Schedule shall not apply to the establishment, employees and other persons referred to in the corresponding entry in the second column :
Provided that the State Government may, by notification, add to, omit or alter any of the entries in the Schedule in respect of one or more areas of the State and on the publication of such notification, the entries in either column of the Schedule shall be deemed to be amended accordingly.
### 5. Rights and privileges under other laws, etc. not affected.
- Nothing in this Act shall affect any right or privilege to which an employee in any establishment is entitled, at the date on which this Act applies to such establishment, under any other law for the time being in force, or under award, agreement contract, custom or usage applicable to such establishment, if such right or privilege is more favourable to him than any right or privilege conferred upon him by this Act.
Chapter II
Establishments
------------------------------
### 6. [ Registration of establishments and renewal thereof.
[Substituted by Act 2 of 1975.]
- The State Government may make rules requiring the registration of establishment or any class of establishments or renewal thereof and prescribing manner and the fees payable for such registration or renewal.]
### 7. Opening and closing hours of establishments.
- [(1) No establishment shall on any day be opened earlier than [8 A.M.]
[Substituted by Act 2 of 1975.]
and closed later than [10 P.M.]
[Substituted for the figures '8 & 9' respectively by Act 25 of 2007.]
:
Provided that any customer who was being served or was waiting to be served at such closing hour in any establishment may be served in such establishment during the quarter of an hour immediately following such hour.]
(2) The State Government may, by notification, after the opening or closing hours for different establishments or for different areas or for different periods of the year.
(3) When they are conducted in an establishment two or more trades or business, any or which is of such a character that, if it was sole trade or business, therein conducted, the provisions of this section would not apply to that establishment shall, so far the conduct of that trade or business is concerned, be exempt from the operation of this section.
[For notification regarding changing opening & closing times, see Notification in this book.]
### 8. [ Prohibition of sales before opening and after closing hours.
[Substituted by Act 2 of 1975.]
- Save as otherwise provided in this Act, or under any other enactment, no person shall carry on the sale of any goods in any place, whether a shop or not, before the opening or after the closing hours fixed under section 7 :
Provided that nothing in this section shall apply to hawkers on footpath or market street upto 11 P.M.
Provided that nothing in this section shall apply to the hawking of the newspapers.]
### 9. [ Hours of work in establishments.
[Substituted by Act 2 of 1975.]
- No employee in any establishment shall be required or allowed to work in such establishment for more than 9 hours in a day and or more than 48 hours in a week, exclusive of interval allowed for rest or for meals which together shall not be less than one hour in any day :
Provided that during any period of stock taking or making of accounts or any other purpose as may be prescribed any person, other than a child or a young person, may be allowed or required to work in such establishment for any period in excess of hours fixed under this section subject to payment of overtime wages at the rate fixed in section 21, but the total number of hours of work, including overtime, shall not exceed 10 hours in any day and 54 hours in any week and the aggregate hours of overtime work shall not exceed 150 hours in a year :
Provided further that advance intimation of at least 3 days in this respect has been given in the prescribed manner to the Chief Inspector or any other officer authorised by the State Government.]
### 10. [ Interval for rest.
[Substituted by Act 2 of 1975.]
- No employee in any establishment shall be required or allowed to work in such establishment for more than five hours continuously in any day unless he has had an interval for rest of at least half an hour:
Provided that there shall not be more than one such interval for rest during the whole of the working period of any employee on any day.]
### 11. Spreading of periods of work.
- The periods of work and intervals of rest of an employee in an establishment shall not be together spread over more than -
(i) in the case of child, eight hours in any day;
(ii) in the case of a young person, ten hours in any day;
(iii) [ in the case of any other employee, twelve hours in any day.]
[Inserted by Act 2 of 1975.]
### 12. Weekly holidays in establishments.
- [xxx]
[Sub-Sections (1) , (2), (3) and proviso of sub-section (4) of Section 12 repealed by Act 25 of 2007.]
(4) Every employee in an establishment shall be allowed in each week holiday of one whole day :
[xxx]
[Sub-Sections (1) , (2), (3) and proviso of sub-section (4) of Section 12 repealed by Act 25 of 2007.]
(5) No deduction shall be made from the wages of any employee in an establishment on account of any day on which it has remained closed as a holiday under sub-section (1) or on which an employee has been on his weekly holiday under sub-section (2) and if an employee is employed on daily wages, he shall nonetheless be paid the daily wages of the day on which such establishment remains closed or on which the employee is on his weekly holiday unless he is absent on the day preceding such day.)
### 12A. [ Other holidays.
[Inserted by Act 2 of 1975.]
- Every employee in an establishment shall be allowed-
(a) a holiday on full pay on the Independence Day, the Republic Day and Mahatma Gandhi's Birthday each year; and
(b) such other holidays on full pay upto five days in a year, in connection with such festivals as the State Government may declare from time to time under this Act:
Provided that an employee required to work on any such holiday shall be paid remuneration at double the rate of his normal wages calculated by the hour.]
[For list of holidays under clause (b) see Notification at the end of this Act.]
### 12B. []
[Renumbered by Act 2 of 1975.]
Every employee to be furnished with service card.
- Every employee in an establishment shall be furnished by his employer with a service card in such form as may be prescribed.
Chapter III
Employment of children and young persons
---------------------------------------------------------
### 13. No child to work in an establishment.
- No child below the age of [fourteen years shall be required or allowed to work as an employee in any establishment to which this Act applies.]
[Substituted for the word 'twelve' by Act 25 of 2007.]
### 14. [ Young person and women.
['Section 14' Substituted by Act 25 of 2007.]
- No young person or women shall be required or allowed to work whether as an employee or otherwise in any establishment to which this Act applies before 8 A.M. or after 10 p.m.]
### 15. Daily and weekly hours of work for young persons.
(1) Notwithstanding anything contained in this Act-
(a) no [xxx]
[Words 'child or' repealed by Act 25 of 2007.]
young person shall be allowed to work as an employee in any establishment to which this Act applies for more than -
(i) [xxx]
[Sub-Section (1) of Section 15(a)(1) and Sub-Section (2) repealed by by Act 25 of 2007.]
(ii) seven hours in any day or forty-two hours in any week in the case of a young person;
(b) no [xxx]
[Words 'child or' repealed by Act 25 of 2007.]
young person shall be required or allowed to work in such establishment for more than four hours continuously in any day unless he has an interval for rest and meals of at least one hour.
(2) [xxx]
[Sub-Section (1) of Section 15(a)(1) and Sub-Section (2) repealed by by Act 25 of 2007.]
Chapter IV
Leave with wages
--------------------------------
### 16. Annual leave with wages.
(1) Every employee who has worked for two hundred and forty days or more in an establishment during a calendar year and who has not been involved in an illegal strike, shall be allowed, during the subsequent calendar year, leave with wages for a number of days calculated at the rate of -
(i) [xxx]
[Clause (i) of Sub-Section (1) of Section (16) and Words 'in any other case' used in clause (iii) deleted by Act 25 of 2007.]
(ii) [xxx]
[Clause (i) of Sub-Section (1) of Section (16) and Words 'in any other case' used in clause (iii) deleted by Act 25 of 2007.]
one day for every twenty days of work performed by him during the previous calendar year.
Explanation. - For the purpose of this sub-section-
(a) any day of lay off, by agreement or contract or as permissible under the standing orders and any days of lock-out;
(b) in the case of a female employee, maternity leave for any number of days not exceeding twelve weeks; and
(c) the leave earned in the year prior to that in which the leave is enjoyed;
shall be deemed to be days on which the employee has worked in an establishment for the purpose of computation of the period of 240 days or more, but he shall not earn leave for these days.
(2) (i)
The leave admissible under this sub-section shall be exclusive of all holidays whether occurring during or at either end of the period of leave.
(ii) An employee whose service commences, otherwise than on the first day of January shall be entitled to leave with wages at the rate laid down in clause (i) or as the case may be, clause (ii) of sub-section (1) if he has worked for two third of the total number of days in the remainder of the calendar year.
(3) An employee who has been employed for a period of not less than one hundred and twenty days shall be entitled to leave with wages at the rate prescribed in clause (i) or clause (ii) of sub-section (1), as the case may be, if the ratio of the number of days of his employment is not less than the ratio which 240 bears to 365, and the employer shall pay to him the amount payable under section 17 in respect of the leave with wages to which he is deemed to have become entitled.
(4) In calculating leave under this section, fraction of leave of half-a-day or more shall be treated as one full day's leave, and fraction of less than half-a-day shall be omitted.
(5) If an employee does not in any one calendar year take the whole of the leave allowed to him under sub-section (1) or sub-section (2), as the case may be, any leave not taken by him shall be added to the leave to be allowed to him under that sub-section in the succeeding calender year :
[Provided that the total number of days of leave that may be carried forward to a succeeding year shall not exceed forty-five days.]
[Substituted by Act 2 of 1975.]
[xxx]
[Second proviso omitted by Act 2 of 1975.]
(6) An employee may at any time apply in writing to the employer, not less than fifteen days before the date on which he wishes his leave to begin, to take all the leave or any portion thereof allowable to him during that calendar year under sub-section (1) or subsection (3), as the case may be:
Provided that the number of installments in which the leave is proposed to be taken shall not exceed three.
(7) An application for leave which does not contravene the provisions of sub-section (6) shall not be refused without sufficient cause to be recorded in writing:
Provided that an employee aggrieved by such refusal may appeal in the prescribed manner to the prescribed authority who shall, if he is satisfied after hearing the parties that such refusal was without sufficient cause, award such compensation to the employee as such authority may consider fair and equitable.
(8) [ When earned leave is refused to an employee having to his credit such leave for forty-five days, he shall be entitled, in respect of the period covered by the refusal, to an amount which would have been payable to him as wages for the period in case he had been on leave during that period. The amount payable under this sub-section shall he in addition to the normal wages payable for the period.
On an employee receiving the said amount the leave to his credit shall be reduced by the number of days in respect of which such amount is received.]
[Inserted by Act 2 of 1975.]
(9) If the employment of an employee who is entitled to leave under sub-section (1) or sub-section (2), as the case may be, is terminated by the employer before he has taken the entire leave to which he is entitled or if, having applied for and having not been granted such leave, he quits his employment before he has taken the leave, the employer shall pay him the amount payable under section 17 in respect of the leave not taken, and such payment shall be made before the expiry of the second working day after the day on which his employment is terminated and to an employee who quits his employment on or before the next pay day.
Explanation 1. - "Illegal strike" means strike which is held by the State Government to be illegal within the meaning of section 24 of the Industrial Disputes Act, 1947 (XIV of 1947), or of any other law for the time being in force relating to industrial disputes.
Explanation 2. - "Calendar year" shall mean a year from the first day of January to the thirty-first day of December.
[(10) If an employee wants to avail himself of the leave with wages due to him to cover a period of illness, he shall be granted such leave if the application for leave is not made within the time specified in sub-section (6) and in such a case wages as admissible under section 16 shall be paid not later than fifteen days.
(11) The unavailed leave of an employee shall not be taken into consideration in computing the period of any notice required to be given before discharge or dismissal.]
[Sub-sections. 8, 9, 10 re-numbered as sub-sections. 9, 10, 11 by Act 2 of 1975.]
### 16A. [ Other kinds of leave.
[Inserted by Act 2 of 1975.]
(1) Every employee in an establishment shall in addition to the leave admissible under section 16, be entitled to -
(a) Casual leave with full pay for 12 days in a Calendar year; and
(b) Sick leave on half pay for 12 days in a Calendar year on production of a medical certificate :
Provided that the casual leave or the sick leave shall not be accumulative.
(2) Care-takers, guards and watch men, who have been in continuous employment of a period of 12 months or more shall, beside being entitled to leave provided for in section 16, and sub-section (1) of this section, be entitled to 45 days leave with full pay for every completed 12 months of continuous service.
### 17. Wages during leave period.
(1) For the leave allowed to him under section 16, an employee shall be paid at a rate equal to the daily average of his total full time earnings, exclusive of any overtime earnings and the yearly bonus, but inclusive of attendance bonus, efficiency bonus and other incentive bonuses and dearness allowance and the cash equivalent of any advantage accruing by the sale of foodgrains and other articles at concessional rates, for the days on which he worked during the month immediately preceding his leave.]
(2) The State Government may prescribe -
(a) the manner in which the cash equivalent of the advantages accruing through the concessional sale to employees of foodgrains and other articles shall be calculated; and
(b) the registers that shall be maintained in an establishment for the purpose of securing compliance with the provisions of this section.
(3) [ An employee proceeding on earned leave shall on demand be given advance payment of the wages for half of period of leave and the wages for the wage period immediately preceding such leave. The wages for the remaining half period of such leave shall be payable to him alongwith wages for the first wage period after he resumes duty. The wages for the period of sick leave shall be payable to the employee alongwith his wages for the first wage period after he resumes duty.]
[Inserted by Act 2 of 1975.]
### 18. [ Power to increase the amount of leave.
[Substituted by Act 2 of 1975.]
- Notwithstanding anything contained in sections 16 and 16A, the State Government may by notification increase the total amount of leave and the minimum number of days up to which such leave may be accumulated in respect of such establishments or class of establishments as may be specified in the notification.]
### 18A. Power to exempt establishment.
- Where the State Government is satisfied that the leave rules applicable to employees in an establishment provide benefits which in its opinion are not less favourable than those for which this Chapter makes provision, it may by written order, exempt the establishment from all or any of the provisions of this Chapter subject to such conditions as may he specified in the order.
Chapter V
Wages
--------------------
### 19. Responsibility for payments of wages.
- Every employer shall be responsible for the payment to his employees of all wages required to be paid under this Act.
### 20. Fixation of wage period.
(1) Every employer shall fix period in respect of which such wages shall be payable.
(2) No wage period shall exceed one month.
### 21. Extra pay for overtime.
(1) Where an employee is required to work in an establishment for more than nine hours in any day or for more than forty-eight hours in any week, he shall be entitled in respect of the overtime to wages at the rate which shall be twice the ordinary rate of his wages.
Explanation. - For the purpose of this section, the expression "ordinary rate of wages", in relation to an employee means the basic rates of wages and such allowances as the employee is for the time being entitled to but does not include a bonus.
(2) The State Government may prescribe the registers that shall be maintained in an establishment for the purpose of securing compliance with the provision of this section.
### 22. Payment, when to be made.
- An employee, who has been allowed leave for not less than five days in the case of a child and four days in any other case, shall before his leave begins, be paid the wages due for the period of the leave allowed.
### 23. Time of payment of wages.
(1) Wages of every employee shall be paid before the expiry of the seventh day after the last day of the wage period as respect of which the wages are payable:
Provided that if any employee be absent until the last day permissible under this subsection the wages shall be paid before the expiry of three working days from the day on which he attends for work again or demands payment.
(2) Where the employment of an employee is terminated by or under the order of the employer, the wages earned by such employee shall be paid before the expiry of the second working day from the day on which his employment is terminated.
(3) All payments of wages shall be made on a working day at or near the place of work and during working hours.
(4) The State Government may by general or special order exempt an employer from the operation of this section in respect of the wages of any employee or class of employees, to such extent and subject to such conditions as may be specified in the order.
### 24. Wages to be paid in current coins or currency notes.
- All wages shall be paid in current coins or currency notes or in both.
### 25. Deductions which may be made from wages.
- No deductions other than those which may be prescribed shall be made by the employer from the wages of this employee.
### 26. Notice of the dismissal or discharge.
- [(1) No employer shall dismiss or discharge or otherwise terminate the employment of any employee who has been in his employment continuously for a period of not less than six months, except for a reasonable cause and after giving such employee at least one month's notice or one month's wages in lieu of such notice :
Provided that such notice shall not be necessary where the services of such employee are dispensed with on a charge of such misconduct as may be prescribed by the State Government, supported by satisfactory evidence recorded at an enquiry held for the purpose:
Provided further that an employee who has been in continuous employment for a year or more and whose services are dispensed with otherwise than on a charge of misconduct shall also be paid compensation equivalent to fifteen days average wages for every completed year of service and any part thereof in excess of six months before his discharge in addition to the notice or pay in lieu of notice as prescribed above.]
[Substituted by Act 2 of 1975.]
(2) Every employee, dismissed or discharged or whose employment is otherwise terminated, may make a complaint in writing in the prescribed manner, to a prescribed authority within 90 days of the receipt of the order of dismissal or discharge or termination of employment on the one or more of the following grounds, namely:-
[(i) there was no reasonable cause for dispensing with his services; or
(ii) no notice was served on him as required by sub-section (1); or
(iii) he has not been guilty of any misconduct as held by the employer ; or
(iv) no compensation as prescribed in sub-section (1) was paid to him before dispensing with his service.]
(3) Notwithstanding anything contained in sub-section (2), where the order of dismissal or discharge was received by an employee at any time before the commencement of the Bihar Shops and Establishments (Amendment) Act, 1959, he may make a complaint in writing in the prescribed manner before a prescribed authority within sixty days of the commencement of the said Act:
Provided that such complaints, if any, pending before an authority prescribed prior to the commencement of the said Act shall be deemed to have been duly filed before the authority prescribed after such commencement and the said authority shall dispose the same in accordance with the provisions of this Act.
(4) The prescribed authority may condone delay in filing such a complaint if it is satisfied that there was sufficient cause for not making the application within the prescribed time.
(5) (a)
The prescribed authority shall cause a notice to be served on the employer relating to the said complaint, record briefly the evidence adduced by the parties, hear them and after making such enquiry as it may consider necessary pass orders giving reasons therefor.
(b) In passing such order the prescribed authority shall have power to give relief to the employee by way of reinstatement or money compensation or both.
(6) The decision of the prescribed authority shall be final and binding on both the employer and employee.
### 27. Notice of termination of employment by employee.
(1) No employee shall terminate his employment unless he has given to his employer a notice of at least one month.
(2) Where an employee contravenes the provision of sub-section (1), his employer may forfeit any unpaid wages for a period not exceeding fifteen days.
### 28. Claims arising out of deductions from wages or delay in payment of wages and penalty for malicious or vexatious claims.
(1) Where contrary to the provisions of this Act any deduction has been made from the wages of an employee, or any payment of wages has been delayed, or any sum is otherwise due from the employer to the employee, such employee, or any legal practitioner or any authorised agent or any officer of a registered trade union or any Inspecting Officer may make an application in such manner, within such time, and to such authority as may be prescribed for a direction under sub-section (2).
(2) When an application under sub-section (1) is entertained, the prescribed authority shall hear the application in the prescribed manner and may, without prejudice to any other penalty to which an employer is liable under this Act, direct the refund of the amount deducted, or payment of the delayed wages or any sum to the employee together with the payment of a compensation not exceeding ten times the amount deducted in the first case and not exceeding ten rupees in other case.
Provided that no direction for the Compensation shall be made in the case of delayed wages if the authority is satisfied that the delay was due to -
(a) A bona fide error or bona fide dispute as to the amount payable to the employed person, or
(b) The occurrence of an emergency, or the existence of exceptional circumstances, such that the person responsible for the payment of the wages was unable though exercising reasonable diligence to make prompt payment, or
(c) The failure of the employed person to apply for or accept payment.
(3) If the authority hearing any application under this section is satisfied that it was either malicious or vexatious, the authority may direct that a penalty not exceeding twenty five rupees be paid to the employer or other person responsible for the payment of wages by the person presenting the application.
(4) Any amount directed to be paid under this section shall be recovered in the prescribed manner.
(5) A single application may be presented under this section on behalf or in respect of any number of employed persons belonging to the same unpaid group, and in such case the maximum compensation that may be awarded under sub-section (2) shall be ten rupees per head.
Explanation. - Employed persons are said to belong to the same unpaid group if they are borne on the same establishment and if their wages for the same wage period or periods have remained unpaid after the day fixed by section 23.
(6) The, authority may deal with any numbers of separate pending applications, presented under this section in respect of persons belonging to the same unpaid group, as a single application presented under sub-section (5) and the provisions of that sub-section shall apply accordingly.
(7) An appeal against an order dismissing either wholly or in part an application made under sub-section (1) or against a direction made under sub-section (2) or sub-section (3) may be preferred in such manner, within such time and to such authority as may be prescribed and such authority shall consider and dispose of such appeals in the prescribed manner.
(8) Save as provided in sub-section (7), any order dismissing either wholly or in part of an application made under sub-section (2) or sub-section (3) shall be final.
(9) [ Every authority appointed under this section shall have all the powers of a Civil Court under the Code of Civil Procedure, 1908 (V of 1908) for the purpose of taking evidence and of enforcing the attendance of witnesses and compelling the production of documents, and every such authority shall be deemed to be a Civil Court for all the purposes of section 195 and of Chapter XXXV of the Code of Criminal Procedure, 1898 (V of 1898)]
[Now Criminal Procedure Code, 1973.]
1
### 28A. Appearance by legal practitioner.
- A legal practitioner may, in any proceeding under this Act, appear, plead or act on behalf of any party on such conditions as may be prescribed.
### 28B. Power of the State Government to make rules for regulation of business and transfer of case.
- Where the authority prescribed under sub-section (2) of section 26, or sub-section(1) or sub-section (7) of section 28, is more than one, the State Government may make rules - (i) to regulate the distribution of business between them; and (ii) for the transfer of a case or an appeal, from one authority to the other.
Chapter VI
Inspection and Penalties
----------------------------------------
### 29. Appointment of Inspecting Officer.
(1) The State Government may, by notification in the Official Gazette, appoint such persons on such class of persons as it thinks fit to be Inspecting Officers for the purposes of this Act within such local limits as it may assign to them respectively.
(2) The State Government may, by notification in the Official Gazette, appoint any person to be the Chief Inspecting Officer who shall, in addition to such powers as may be prescribed for the Chief Inspecting Officer, exercise the powers of an Inspecting Officer throughout the State.
(3) Every District Magistrate, the Additional District Magistrate of Saharsa, the Additional Deputy Commissioners of Dhanhad and Singhbhum and every Subdivisional Magistrate shall be an ex-officio Inspecting Officer within the limits of his respective jurisdiction.
(4) The State Government may also, by notification as aforesaid, appoint such public officers as it thinks fit to be additional. Inspecting Officers for all or any of the purposes of this Act, within such local limits as it may assign to them respectively.
(5) In any area where there are more Inspecting Officers than one, the State Government may, by notification as aforesaid, declare the powers which such Inspecting Officers shall respectively exercise and the Inspecting Officer to whom the prescribed notices are to he sent.
### 30. Powers and jurisdiction of an Inspecting Officer.
(1) Subject to any rules made by the State Government in this behalf, an Inspecting Officer may within the limits of his jurisdiction -
(a) enter, during such hours as may be prescribed and with such assistance, if any, as may be necessary, any premises which is, or which he has reasons to believe is, an establishment;
(b) [ inspect, or take extracts from any prescribed registers, records and notices maintained under this Act or the rules made thereunder or seize such records, registers or notices as he may consider relevant in respect of an offence under this Act which he has reason to believe to have been committed by an employer;]
[Substituted by Act 2 of 1975.]
(c) take on the spot or otherwise the statement of any person which he may consider necessary for carrying out the purposes of this Act :
Provided that no person shall be compelled to answer any question or give any evidence tending to incriminate himself; and
(d) exercise such other power as may be prescribed for carrying out the purposes of this Act.
(2) The Inspecting Officer shall for the purposes of any inquiry under this Act have same power regarding the summoning and attendance of witnesses and compelling the production of documents as a Civil Court has under the Code of Civil Procedure, 1908 (V of 1908).
### 31. Inspecting Officers to be public servant.
- Every Inspecting Officer appointed under section 29 shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860 (XLV of 1860).
### 32. Penalty for obstructing Inspecting Officer, etc.
- Any person who voluntarily obstructs an Inspecting Officer in the exercise of any power conferred on him by or under this Act or any person lawfully assisting an Inspecting Officer in the exercise of such power or who fails without sufficient cause to comply with any lawful direction made by an Inspecting Officer shall be punishable with imprisonment which may extend to six months or with fine which may extend to two hundred and fifty rupees, or with both.
### 33. Maintenance of registers and records and display of notices.
- Every employer of an establishment shall maintain such records and registers and display such notices and in such manner as may he prescribed.
(2) Every employer shall on demand produce for inspection of Inspecting Officer all registers, records and notices required to be kept under and for the purposes of this Act.
### 34. Penalties.
- Any employer who contravenes any provisions of this Act or any rule or order made thereunder shall, if no other penalty is provided for the offence, be punishable with fine which may extend to two hundred and fifty rupees for the first offence and to five hundred rupees for every subsequent offence after the first conviction.
### 35. Penalty whether the employer is a firm or company.
- If the person contravening any provision of this Act or a rule or order made thereunder is a company or a partnership firm every director, partner, manager or secretary thereof shall, unless he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.
### 36. [ Cognizance of offences.
[Substituted by Act 2 of 1975.]
(1) No court shall take cognizance of any offence punishable under this Act or any rule or order made thereunder except on a complaint in writing of the facts constituting such offence made by Inspecting Officer or any person authorised in this behalf by the State Government within six months of the date on which the offence is alleged to have been committed:
Provided that the court may by reasons to be recorded in writing take cognizance of the offences for the breach of the provisions of sections 16, 16A, 26 and 28 after the expiry of the said period of six months, if it is satisfied that the complainant was prevented by sufficient cause from filling the complaint within the said period.
(2) No court inferior to that of a Magistrate of the first class shall take cognizance or try an offence punishable under the Act.]
[Substituted by Act 2 of 1975.]
Chapter VII
Miscellaneous
------------------------------
### 37. Protection of persons acting under this Act.
- No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done under this Act or any rule or order made thereunder.
### 37A. [ Presumption.
[Inserted by Act 2 of 1975.]
- Whenever an establishment is found open it shall be presumed that it is open for the service of customers or for the business, trade or profession normally carried on the establishment.]
### 38. Power of Government to suspend provision of this Act during public holidays.
- The State Government may by notification, suspend in any area, in respect of all establishments or any class of establishments the operation of all or any of the provisions of this Act for such period and subject to such conditions as may be prescribed on account of public holidays or occasions or for any other reason of whatever kind.
### 39. [ Workmen's Compensation Act, 1923 to apply to an employer and an employee to whom this Act applies.
[Substituted by Act 2 of 1975.]
- The provisions of the Workmen's Compensation Act, 1923 (VIII of 1923), and of rules made thereunder, shall mutatis mutandis, apply to every employer or employee to whom the provisions of this Act apply.]
### 39A. [ Maternity Benefits Act, 1961 (53 of 1961) to apply to establishment and persons to whom this Act applies.
[Substituted by Act 2 of 1975.]
- The provisions of the Maternity Benefits Act, 1961 (53 of 1961), and of rules made thereunder shall mutatis mutandis, apply to every establishment and every person to whom the provisions of this Act apply.]
### 40. Power to make rules.
(1) The State Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the forgoing power, such rules may provide for all or any of the following matters, namely -
(a) [ the registration and renewal of establishments and the amount, and manner of payment of fees under section 6;]
[Substituted by Act 2 of 1975.]
(b) the registers to be maintained in an establishment under section (2) of section 17 or sub-section (2) of section 21;
(c) the misconduct of an employee for which his services may be dispensed with without a notice under sub-section (1) of section 26; and the authority to which and time within which appeals under sub-section (2) of that section may be filed;
(d) the authority before whom, the time within which and the manner in which the employee or any legal practitioner or authorised agent or an officer of a registered trade union or an Inspecting Officer shall make an application under sub-section (1) of section 28;
(e) the manner in which applications shall be heard by the prescribed authority under sub-section (2) of section 28;
(f) the manner in which any amount referred to in sub-section (4) of section 28 or any compensation awarded under sub-section (7) of section 16 or subsection (5) of section 26 shall be recovered;
(g) the authority before whom and the time within which an appeal shall be preferred under sub-section (7) of section 28 and the manner in which such appeal shall be considered and disposed of;
(h) the powers of the Chief Inspecting Officers under sub-section (2) of section 29;
(i) the powers of the Inspecting Officers and the registers, records or notices that need to be examined by them under section 30;
(j) the maintenance of records and registers and display of notices under section 33;
(k) the period during which and the conditions subject to which all or any of the provisions of the Act may be suspended by the State Government under section 38;
(l) the health, safety and welfare of employees;
(m) the conditions subject to which parties may be represented by legal practitioners in proceedings under this Act before the prescribed authority; and any other matter which is required to be or may be prescribed.
(3) The rules may provide that any contravention thereof shall be punishable with fine which may extend to fifty rupees.
(4) The power to make rules conferred by this section is subject to the condition of the rules being made after previous publication.
(5) Every rule made under this section shall he laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or in the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
### 41. Weekly Holidays Act, 1942, not to apply to establishment on commencement of this Act.
- On and from the date on which any of the provisions of this Act comes into operation in any area or in respect of a shop or establishment, the Weekly Holidays Act, 1942 (XVIII of 1942), shall cease to apply to such area or shop or establishment:
Provided that anything done under the said enactment which could have been done under this Act if it had then been in force shall be deemed to have been done under this Act.
I
---
[See Section 4(2) ]
| | | |
| --- | --- | --- |
|
Serial No.
|
Establishments, Employees or other persons
|
Provisions of the Act
|
|
1
|
2
|
3
|
|
1.
|
Establishment in which only members of
employer's family are employed.
|
All provisions except sections 6, 7, 8 &
12(i) and and Chapters VI & VII.
|
|
2. [
[Substituted by S.O. 1460, dated 18.12.1980.]
|
Establishments for the treatment or the care of
the infirm, sick, destitute or the mentally unfit, which are not
run for the profits for charitable, philanthropic, religious or
educational object.]
|
All provisions.
|
|
3. [
[Substituted by S.O. 12, dated 14.1.1980.]
|
Offices of or under the Central or State
Government or of a Municipal Committee or District board or any
other Authority entitled to the control or management of a
municipal or local fund.]
|
All provisions.
|
|
4.
|
Any Railway service, Postal Telegraph or
Telephone service, any system of public conservancy or
sanitation, and any such establishment as the State Government
may by notification exempt.
|
All provisions.
|
|
5.
|
Person occupying positions of managerial or
supervisory character in an establishment employing more than
five persons, provided that not more than ten per ccntum of the
total number of employees in an establishment shall be so
exempted:
|
All provisions.
|
|
|
Provided that where ten per centum of the total
number of employees in an establishment comes to a fraction less
than one, such fraction shall be rounded off to one.
|
[ \* \* \* \* ]
[Words except Secs. 7, 8, 12(1) , 26 & chap. VI & VII omitted by S.O. 183, dated 27.3.1976.]
|
|
6.
|
Fairs and hats ....
|
All provisions.
|
|
7. [
[Words except Secs. 7, 8, 12(1) , 26 & chap. VI & VII omitted by S.O. 183, dated 27.3.1976.]
|
Establishments dealing wholly in newspapers and
periodicals, medicines, medical and surgical appliances,
vegetables, flowers, pan (betel) leaves and not biri, cigarettes
and other ancillary articles, meat, poultry, game, eggs, ice and
fresh fruits.]
|
Sections 7, 8 and 12(1) |
|
8. [
[Substituted by Act 2 of 1975.]
|
Cinemas, theatres and other places of public amusement or
entertainment.]
|
Sections 7, 8 and 12(1) and in case of a young person or
women, also section 14.
|
|
9. [
[Substituted by Act 2 of 1975.]
|
Clubs, restaurants, eating houses, Section 7, 8 and 12(1) .
boarding houses, residential hotels, establishments dealing in
meals, refreshments, sweetmeats, milk and cooked food.]
|
|
|
10. [
[Substituted by Act 2 of 1975.]
|
Stalls and refreshment rooms of railway stations.]
|
Section 7, 8 and 12(1) .
|
|
11. [
[Substituted by Act 2 of 1975.]
|
Shops for the sale of motor spirit and motor or aircraft
spares and acessories.]
|
Section 7, 8 and 12(1) .
|
|
12. [
[Substituted by Act 2 of 1975.]
|
Government licensed establishments dealing in spirituous
liquor or narcotic drugs.]
|
Section 7, 8 and 12(1) .
|
|
13. [
[Substituted by Act 2 of 1975.]
|
Shops dealing in articles, required for funeral, burial or
cremation so far as the sale of these articles is concerned.]
|
Section 7, 8 and 12(1) .
|
|
14.
|
Banks transacting Government business.
|
Section 7.
|
|
15. [
[Substituted by Act 2 of 1975.]
|
Circus and Exhibitions.
|
Section 7, 8 and 12(1) .
|
|
16. [
[Substituted by Act 2 of 1975.]
|
Shops of barbers and hair dressers.]
|
Section 7, 8 and 12(1) .
|
|
17. [
[Substituted by Act 2 of 1975.]
|
Establishments of the factories engaged in manufacturing of
Iron and Steel.]
|
All provisions except Sections 6, 26 and 28 and Chap. VI &
VII.
|
|
18. [
[Substituted by Act 2 of 1975.]
|
Establishment of country oil-ghanies.]
|
Sections 7 and 8.
|
|
19.
|
Establishments of goshalas as defined in section 2 (d) of the
Bihar Goshala Act, 1950.
|
Sections 7 and 8.
|
|
20.
|
Establishments of all vessels which ply in inland water and
which are registered under Chapter IIA of the Indian Steam
Vessels Act, 1917.
|
Ditto.
|
|
21.
|
Employees whose work is inherently intermittent, such as
travellers, care takers, guards and watchmen.
|
Sections 9, 10, 11, 12(1) and 21(1).
|
|
22.
|
Persons directly engaged in preparatory or complementary work
such as cleaning or forwarding clerk responsible for dispatch of
goods.
|
Sections 9, 10, 11, 12(2) and 21(1).
|
|
23.
|
Libraries at which the business of lending books or
periodicals is not carried on for purpose of gains other than
that of making profits for charitable philanthropic, religious or
educational object.
|
All provisions.
|
|
24. [
[Added by Notification No. 2/36-1039/68 L&E 1727 (2) dated 26.10.1968.]
|
Offices of the Life Insurance Corporation of India situated in
the State of Bihar.]
|
Section 33(1) .
|
|
25. [
[Added by Notification No. 2/36-1039/68 L&E 1727 (2) dated 26.10.1968.]
|
Banks situated in the State of Bihar.]
|
Sections 33(1) and 12(A).
|
|
26. [
[Added by Notification No. II/S6-1014/69 L&E 1458 (2) dated 18-11-1969.]
|
Reserve Bank of India.]
|
All provisions.
|
|
27. [
[Added by Notification No. II/S6-2021/75 L&E 716 (2) dated 3.4.1975.]
|
Heavy Engineering Corporation, Ranchi.]
|
All provisions except Sections 6, 26, Chapter VI and section
37.
|
|
28. [
[Added by S.O. 1075 dated 15-11-1979.]
|
Establishments of M/s Metallurgical and Engineering
Consultants (India) Ltd., Ranchi located at Ranchi and Bokaro
Steel City.]
|
All provisions except Section 6 and Chapter III, IV and VII.
|
|
29. [
[Added by S.O. 7 dated 4.1.1982 (Earlier entry regarding Radiological and Pathological and Clinics added by S.O. 1575 dated 15.11.1979 deleted by S.O. 1820 dated 3.12.1981).]
|
All establishments of Sulabh International, Patna situated in
the State of Bihar.]
|
All provisions.
|
|
30. [
[Added by S.O. 1682 dated 10.12.1979 and subs. by S.O. 627 dated 6.7.1985.]
|
Establishments of the Food Corporation of India situated in
the State of Bihar.]
|
All provisions.
|
|
31. [
[Added by S.O. 136 dated 4.2.1980.]
|
Establishments of the Research and Development Centre for Iron
and Steel, Doranda, Ranchi.]
|
All provisions except Section 6, Chapters III, V, VI and VII.
|
|
32. [
[Added by S.O. 1/134 dated 27.12.1980.]
|
Establishments of the Indian Airlines Corporation situated in
the State of Bihar.]
|
All provisions except Sections 6, 26, 28 and Chapters II I.VI,
VII and VIII of Act.
|
|
33. [
[Added by S.O. 1751 dated 20.11.1984 subs. by S.O. 800 dated 22.8.1985 and again subs. by S.O. 419 dated 25.3.1986]
|
All Branches of the Scheduled Commercial Bank, including
Public Sector Banks and Regional Rural Banks situated in the
State of Bihar.]
|
All provisions.
|
|
34. [
[Added by S.O. 134 dated 16.1.1984.]
|
Such Private Clinics, Pathological or Radiological
Laboratories or X-ray Clinics of Doctors which are not run on
commercial basis and in which only members of the employer's
family are employed or in which only such Government servants are
employed who have been allowed to practice during off hours.]
|
All provisions.
|
|
35. [
[Substituted by S.O. 946 dated 8.8.1986.]
|
All establishments of the Bihar State Forest Development
Corporation Ltd. situated in the State of Bihar.]
|
All provisions.
|
|
36. [
[Added by S.O. 1018 dated 2.9.1986.]
|
All establishments of Central Warehousing Corporation situated
in the State of Bihar.]
|
All provisions.
|
|
37. [
['Serial No. 37' added by No. 2644 L & E dated 6.9.2003.]
|
Establishment of Information Technology Industry.]
|
Sections 7, 8, 12(1) and Section 14 in case of woman worker.
|
|
65b90ab7ab84c7eca86e8312 | acts |
State of Telangana - Act
--------------------------
Telangana State Council of Higher Education Act, 1988
-------------------------------------------------------
TELENGANA
India
Telangana State Council of Higher Education Act, 1988
=======================================================
Act 16 of 1988
----------------
* Published on 20 April 1988
* Commenced on 20 April 1988
Telangana State Council of Higher Education Act, 1988
(Act
No. 16 of 1988
)
Last Updated 17th January, 2020
The Andhra Pradesh State Council of Higher Education Act, 1988 received the assent of the Governor on the 20th April, 1988. 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 Adaptation Order issued in G.O.Ms.No.5, Higher Education (UE) Department, dated 02.08.2014.
### 1. Short title and commencement.
(1) This Act may be called the [Telangana]
[Substituted by G.O.Ms.No.5, Higher Education (UE) Department, dated 02.08.2014.]
State Council of Higher Education Act, 1988.
(2) It shall come into force on such date as the Government may, by notification, appoint.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "Chairman" means the Chairman of the State Council of Higher Education;
(b) "College" means a College affiliated to or associated with or recognised by any University in the State including engineering colleges, polytechnic colleges and all colleges established in the co-operative sector;
(c) "Degree" means a degree in arts, science, commerce, oriental languages, engineering, technology, law, or such other degree recognised by any University in the State and includes a post-graduate degree;
(d) "Diploma" means any course of study after the tenth class to which a diploma is awarded but does not include a certificate;
(e) "State Council" means the [Telangana]
[Substituted by G.O.Ms.No.5, Higher Education (UE) Department, dated 02.08.2014.]
State Council of Higher Education constituted under sub-section (1) of section 3;
(f) "Government" means the State Government of [Telangana]
[Substituted by G.O.Ms.No.5, Higher Education (UE) Department, dated 02.08.2014.]
;
(g) "Higher Education" means every education above the tenth class leading to a degree or diploma including Intermediate Education and Technical Education but does not include a certificate course in Technical Education not leading to a degree or diploma;
(h) "Notification" means a notification published in the [Telangana Gazette]
[Substituted by G.O.Ms.No.5, Higher Education (UE) Department, dated 02.08.2014.]
and the word "notified" shall be construed accordingly;
(i) "prescribed" means prescribed by rules made by the Government under this Act;
(j) "Private Colleges" means a college imparting education or training established and administered or maintained by any person or body of persons, whether incorporated or not, or any local authority and recognised as such by Government, but does not include a college, -
(i) established and administered or maintained by the Central Government or the State Government;
(ii) established and administered or maintained by any University established by law, and
(iii) giving, providing or imparting only religious instruction, but not any other instruction.
### 3. Constitution of State Council of Higher Education.
(1) The Government may, by notification, and with effect on and from such date as may be specified in this behalf, constitute a State Council for the purpose of this Act to be called the [Telangana]
[Substituted by G.O.Ms.No.5, Higher Education (UE) Department, dated 02.08.2015.]
State Council of Higher Education.
(2) (a)
The State Council shall be a body corporate having perpetual succession and a common seal and shall sue and be sued by the said corporate name.
(b) In all suits and other legal proceedings by or against the State Council the proceedings shall be signed and verified by the Secretary and all processes in such suits and proceedings shall be issued to and served on the Secretary.
(3) The Headquarters of the State Council shall be located at Hyderabad.
### 4. Composition of the State Council.
(1) The State Council shall consist of the following members, namely: -
I. Full Time Members:
(i) a Chairman; and
(ii) [One Vice-Chairman]
[Substituted for 'two Vice-Chairman' by G.O.Ms.No.5, Higher Education (UE) Department, dated 02.08.2015.]
;
to be appointed by the Government from among eminent educationists;
II. Ex-Officio Members:
(i) the Secretary to Government, Education Department;
(ii) the Secretary to Government, Finance, Department;
(iii) the Secretary to Government, Labour, Employment and Technical Education;
(iv) the Secretary or any other officer of the University Grants Commission not below the rank of a Joint Secretary nominated by the Chairman, University Grants Commission;
(v) [ The Vice-Chancellors of the Osmania University, Kakatiya University, Jawaharlal Nehru Technological University, Telangana University, Mahatma Gandhi University, Palamuru University, Satavahana University.]
[Substituted by G.O.Ms.No.5, Higher Education (UE) Department, dated 02.08.2014.]
III. Other Members:
(i) four persons to be appointed by the Government from among eminent educationists;
(ii) one person who shall represent the industry to be appointed by the Government;
(iii) three persons of whom one shall be a technical expert to be nominated by the State Government.
(2) Every appointment under this section shall take effect from the date on which it is notified by the Government:
### 5. Terms and Conditions of Service of Chairman, Vice-Chairman and Members.
(1) The Chairman, Vice-Chairman or any member (other than an ex-officio member) shall be appointed by the Government ordinarily for a term of three years and shall be eligible for re-appointment for a second term:
Provided that a person who has not attained the age of sixty-five years shall be eligible to be appointed as Chairman or Vice-Chairman:
Provided further that it shall be competent for the Government to make an appointment under this sub-section for a term of less than three years if they consider necessary:
Provided also that the Chairman, Vice-Chairman or any member (other than an ex-officio member) who incur disqualification under the rules made in this behalf shall cease to hold such office as Chairman, Vice-Chairman or member.
(2) The Chairman, or Vice-Chairman or a member (other than an ex-officio member) may resign his, office by writing under his hand addressed to the Government and every such resignation shall take effect from the date on which it is accepted by the Government.
(3) The Chairman or Vice-Chairman or a member (other than an ex-officio member), shall not be removed from his office except by an order of the Government passed on the ground of wilful omission or refusal to carry out the provisions of this Act or abuse of the powers vested with him and after due inquiry as may be ordered by the Government, in which such Chairman or Vice-Chairman or member shall have an opportunity of making his representation against such removal.
(4) If a casual vacancy occurs in the office of the Chairman, whether by reason of his death, resignation or inability to discharge his functions owing, to illness or other incapacity or for any other reason the Vice-Chairman holding office as such for the time being shall hold the office of the Chairman until another person is appointed as Chairman for the term as may be specified by the Government under sub-section (1):
Provided that where no Vice-Chairman is holding office at the time when the vacancy in the office of the Chairman occurs, the Government may appoint any other member (not being an ex-officio member) or appoint any other person to hold the office of the Chairman until another person is appointed as the Chairman for the term as may be specified by the Government under sub-section (1) .
(5) If a casual vacancy occurs in the office of the Vice-Chairman or any other member, (other than an ex-officio member) whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity or for any other reason such vacancy shall be filled by the Government, in the manner specified under sub-section (1).
(6) The office of the Chairman and Vice-Chairman shall be a whole time and salaried and subject thereto the terms and conditions of service of the Chairman, Vice-Chairman and other members shall be such as may be prescribed.
### 6. Meetings of the Council.
- The Council shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations made under this Act.
### 7. Vacancies amongst members or defect in constitution not to invalidate acts or proceedings of the Council.
- No act or proceedings of the Council shall be deemed to be invalid by reason of any vacancy in or any defect in the Constitution of the Council.
### 8. Temporary association of persons with the Council for particular purpose.
- The Council may associate with itself in such a manner and for such a purpose, any person whose assistance or advice it may desire in carrying out its work. A person associated with Council for any purpose shall have a right to take part in the discussions relevant to that purpose but shall not have a right to vote at a meeting of the Council and shall not be a member for any other purpose. The Council may associate with its members of Medical, Engineering and Agricultural Universities and such other expert bodies as the Government, by order specify with a view of developing coordination among the Universities.
### 9. Staff of the Council.
(1) The Council may appoint a Secretary and the other Officers with the previous, approval of the Government and the other employees may be appointed by the Council from time to time in accordance with the guidelines prescribed.
(2) The classification and methods of recruitment, conditions of service, pay and allowances and disciplinary conduct of the officers and other employees referred to in this section shall be such as may be prescribed.
### 10. Authentication of orders and other instruments of the Council.
- All orders and decisions of the Council shall be authenticated by the signature of the Chairman or any other member authorised by the Council in this behalf, and all other instruments issued by the Council shall be authenticated by the signature of the Secretary or any other Officer of the Council authorised in the like manner in this behalf.
### 11. Powers and functions of the Council.
(1) It shall be the general duty of the Council to co-ordinate and determine standards in institutions of Higher Education or Research and Scientific and Technical Institutions in accordance with the guidelines issued by the University Grants Commission from time to time.
(2) The functions of the Council shall include, -
I. Planning and Co-Ordination:
(i) to prepare consolidated programmes in the sphere of Higher Education in the State in accordance with the guidelines that may be issued by the University Grants Commission from time to time, and to assist in their implementation, keeping in view the overall priorities and perspectives of Higher Education in the State;
(ii) to assist the University Grants Commission in respect of determination and maintenance of standards and suggest remedial action wherever necessary;
(iii) to evolve perspective plans for development of Higher Education in the State;
(iv) to forward the Developmental Programmes of Universities and colleges in the State to the University Grants Commission along with its comments and recommendations;
(v) to monitor the progress of implementation of such developmental programmes;
(vi) to promote co-operation and co-ordination of the educational institutions among themselves and explore the scope for inter-action with industry and other related establishments;
(vii) to formulate the principles as per the guidelines of the Government and to decide upon, approve and sanction new educational institutions by according permission keeping in view the various norms and requirements to be fulfilled;
(viii) to suggest ways and means of meeting additional resources for higher education in the State.
II. Academic Functions:
(i) to encourage and promote innovations in curricular development, restructuring of courses and updating of syllabi in the University and the colleges;
(ii) to promote and co-ordinate the programme of autonomous colleges and to monitor its implementation;
(iii) to devise steps to improve the standards of examinations conducted by the Universities and suggest necessary reforms;
(iv) to facilitate training of teachers in colleges and Universities;
(v) to develop programmes for greater academic co-operation and inter-action between University teachers and College teachers and to facilitate mobility of students and teachers within and outside the State;
(vi) to conduct entrance examination for admission to institutions of higher education and render advice on admissions;
(vii) to encourage sports, games, physical education and cultural activities in the Universities and colleges;
(viii) to encourage extension activities and promote interaction with agencies concerned with regional planning and development;
(ix) to prepare an overview report on the working of the Universities and the colleges in the State and to furnish a copy of the report to the University Grants Commission.
III. Advisory Functions: - To advise the Government, -
(i) in determining the block maintenance grants and to lay down the basis for such grants;
(ii) on setting up a State Research Board so as to link research work of educational institutions with that of the research agencies and industry, keeping in view the overall research needs of the State;
(iii) on the Statutes and Ordinances to various Universities in the State (excluding Central Universities) and on the Statutes proposed by the Universities in the State;
(iv) to work in liaison with the Southern Regional Committee of the All India Council for Technical Education in the formulation of the schemes in the State;
(v) to make new institutions self sufficient and viable;
(vi) on the policy of 'earning while learning'.
(vii) to perform any other functions necessary for the furtherance of higher education in the State.
### 12. Special provisions with regard to Intermediate Education.
- Notwithstanding anything contained in this Act, and the Telangana Intermediate Education Act, 1971 (Act
[2 of 1971
)]
[Substituted by G.O.Ms.No.21, Higher Education (IE) Department, dated 20.10.2014.]
, it shall be competent for the Government to entrust to the State Council all or any of the functions relating to Intermediate Education and such other matters for the orderly functioning of the Junior Colleges (including Co-operative and self-financing Junior Colleges) and to seek such help and advice from the State Council in order to ensure the orderly and efficient functioning of such colleges in conformity with the overall objective and educational policy of the State and National Policy.
### 13. Fund of the Council.
(1) The Council shall have its own fund consisting of the grants from Government voted by the Legislature of the State towards grants to Universities, and Colleges and Grants received from Central Government for higher education and such other funds as may be received by the Council from any other source.
(2) The Government may pay to the Council in each financial year such sums as may be considered necessary for the functioning of the Council.
(3) All moneys belonging to the Fund and all receipt of the Council shall be deposited or invested in such manner as may be prescribed;
(4) The Council may spend such sums as it may thinks fit for performing its functions under this Act, and such sums shall be treated as expenditure payable out of the fund of the Council.
### 14. Release of grants in aid to the Universities and Institutions.
(1) It shall be the duty of the State Council to allocate grants to different Universities and degree colleges in the State from out of the funds received by it under sub-section (1) of section 13 and release the same to concerned Universities and colleges.
(2) Without prejudice to the provisions of the Telangana Education Act, 1982 (Act
[1 of 1982
)]
[Substituted by G.O.Ms.No.15, Higher Education (TE) Department, dated 23.04.2015, made to the Andhra Pradesh Education Act, 1982.]
, the Director of Higher Education and the other authorities administratively concerned with the colleges shall implement the decisions, programmes and instructions of the Council in regard to the planning and monitoring developments and release of grants and funds of the Council under section 13.
### 15. Annual Financial Statement.
(1) The Council shall prepare an annual financial statement on or before such date as may be prescribed of the estimated capital and revenue receipts and expenditure for the ensuing year.
(2) The said statement shall include a statement of salaries and allowances of members, officers and servants of the Council and of such other particulars as may be prescribed.
(3) The Government shall, as soon as may be after receipt of the said statement, cause it to be laid on the Table of the Legislature of the State.
(4) The Council shall take into consideration any comments made on the said statement in the Legislature of the State.
(5) The Council may at any time during the year in respect of which a statement under sub-section (1) has been submitted, submit to the Government a supplementary statement, and all provisions of this section shall apply to such statements as they apply to such statement under the said sub-section.
### 16. Annual report.
- The Council shall prepare once in every year, in such form and at such time as may be prescribed an annual report giving a true and full account of its activities during the previous year, and copies thereof shall be forwarded to the Government and the Government shall cause the same to be laid before the [Legislature]
[Substituted by G.O.Ms.No.5, Higher Education (UE) Department, dated 02.08.2014.]
of the State. A copy of the report shall also be sent to University Grants Commission.
### 17. Accounts and Audit.
(1) The Council shall cause to be maintained such books of account and other books in relation to its accounts in such form and in such manner as may be prescribed.
(2) The Council shall, as soon as may be after closing its annual accounts, prepare a statement of accounts in such form, and forward the same to the Government by such date, as the Government may determine.
(3) The accounts of the Council shall be audited by such authority, at such times and in such manner as may be prescribed.
(4) The annual accounts of the Council together with the audit report thereon shall be forwarded to the Government and the Government shall cause the same to be laid before the [Legislature]
[Substituted by G.O.Ms.No.5, Higher Education (UE) Department, dated 02.08.2014.]
of the State and shall also forward a copy of the Audit report to the Council for taking suitable action on the matters arising out of the audit report.
### 18. Directions by the Government.
(1) In the discharge of its functions under this Act, the Council shall be guided by such directions on questions of policy relating to State purposes or in case of any emergency as may be given to it by the Government.
(2) If any dispute arises between the Government and the Council as to whether a question is or is not a question of policy relating to State purposes, or whether an emergency has arisen the decision of the Government thereon shall be final.
### 19. Returns and Information.
- The Council shall furnish to the Government such returns or other information with respect to its property or activities as the Government may, from time to time require.
### 20. Inspection and enquiry.
(1) The Government shall have the right to cause inspection to be made, by an Officer not below the rank of Secretary to the Government authorised by it, of the State Council and also to cause an inquiry to be made into the work done by the State Council in respect of any matter entrusted to it. The Government shall in every case give notice to the State Council of its intention to cause such inspection or inquiry to be made and the State Council shall be entitled to be represented thereat. The Officer making the inspection or inquiry shall inform the Government of the results thereof.
(2) The Government shall communicate to the State Council its views with reference to the results of such inspection or inquiry and may, advise the State Council upon the action to be taken.
(3) The State Council shall, within such time as the Government may fix, report to it, the action, if any, which is proposed to be taken or has been taken, upon such advice.
(4) The Government may, where action has not been taken by the State Council within a reasonable time to its satisfaction, issue such directions as it may think fit, and the State Council shall comply with such directions.
### 21. Revision.
- The Government, may, either suo-moto or on an application made to them, call for and examine the records of any order passed or decision taken by the State Council under the provisions of this Act, for the purpose of satisfying themselves as to the legality or propriety of such order or decision or as to regularity of such procedure and pass such order with respect thereto as they may think fit:
Provided that no such order shall be made except after giving the State Council or the person likely to be affected thereby, a reasonable opportunity of being heard.
### 22. 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]
[Substituted by G.O.Ms. No.5, Higher Education (UE) Department, dated 02.08.2014.]
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 comprise in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the [Legislature]
[Substituted by G.O.Ms.No.5, Higher Education (UE) Department, dated 02.08.2014.]
agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification, annulment is notified, have effect only in such modified form or shall stand annuled 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.
### 23. Power to make regulations.
(1) The Council may make regulations consistent with this Act and rules made thereunder, -
(a) regulating the meeting of the Council and the procedure for conducting business thereat; and
(b) regulating the manner in which and the purposes for which persons may be associated with the Council under section 8.
(2) No regulation shall be made under section except with the previous approval of Government.
### 24. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order make such provision not inconsistent with the purpose of this Act, as appears to them to be necessary or expedient for removing the difficulty.
|
65ba8007ab84c7eca86ebc02 | acts |
Union of India - Act
----------------------
The Gum Karaya Grading and Marking Rules, 2013
------------------------------------------------
UNION OF INDIA
India
The Gum Karaya Grading and Marking Rules, 2013
================================================
Rule THE-GUM-KARAYA-GRADING-AND-MARKING-RULES-2013 of 2013
------------------------------------------------------------
* Published on 24 January 2013
* Commenced on 24 January 2013
The Gum Karaya Grading and Marking Rules, 2013
Published vide Notification New Delhi, the 24th January, 2013
Ministry of Agriculture
(Department of Agriculture and Co-Operation)
G.S.R 45(E) . - Whereas the draft of the Gum Karaya Grading and Marking Rules, 2012, was published as required by section 3 of the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937) in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide notification number G.S.R.604(E), dated the 1st August, 2012, inviting objections and suggestions from all persons likely to be affected thereby within forty-five days from the date on which copies of the said notification published in the Gazette of India were made available to the public.
And whereas copies of the said notification were made available to the public on the 6th August, 2012;
And whereas the objections and suggestions received from the public in respect of the said draft rules have been duly considered;
Now, therefore, in exercise of the powers conferred by section 3 of the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937), and in supersession of the Gum Karaya Grading and Marking Rules, 1982, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:-
Rules
### 1. Short title, application and commencement.
(1) These rules may be called the Gum Karaya Grading and Marking Rules, 2013.
(2) They shall apply to Gum Karaya in lumps or crystal form obtained from the exudes of plant Sterculia urens Roxburgh of the family Sterculiaceae.
(3) They shall come into force from the date of their final publication in the Official Gazette.
### 2. Definitions.
(1) In these rules, unless the context otherwise requires -
(a) "Agricultural Marketing Adviser" means the Agricultural Marketing Adviser to the Government of India.
(b) "authorised packer" means a person or a body of persons who has been granted a certificate of authorisation to grade and mark Gum Karaya in accordance with the grade standards and procedure prescribed under these rules;
(c) "Certificate of Authorisation" means a certificate issued under the provisions of the General Grading and Marking Rules, 1988 authorising a person or a body of persons to grade and mark Gum Karaya with the grade designation mark;
(d) "General Grading and Marking Rules" means the General Grading and Marking Rules, 1988 made under section 3 of the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937);
(e) "grade designation mark" means the "Agmark Insignia" referred to in rule 3.
(f) "Schedule" means a Schedule appended to these rules.
(2) Words and expressions used in these rules and not defined but defined in the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937) and the General Grading and Marking Rules, 1988 shall have the same meanings as are assigned to them under that Act and the said rules.
### 3. Grade designation mark.
- The grade designation mark shall consist of "AGMARK insignia" consisting of a design incorporating the number of certificate of authorisation, the word "AGMARK", name of commodity and grade designation resembling the design as set out in Schedule-I.
### 4. Grade designation and quality.
- The Grade designations and the quality of Gum Karaya shall be as set out in Schedule II.
### 5. Method of packing.
(1) Gum Karaya shall be packed in clean and dry containers made of jute or cloth bags or poly woven bags with inner lining of food grade material or any other type of food grade packing material as approved by the Agricultural Marketing Adviser or any officer authorised by him in this behalf.
(2) The packing material shall be free from insect and fungal infestation and shall not impart any toxic substance or undesirable odour or flavour to the product.
(3) Gum Karaya shall be packed in pack sizes as per provisions in the Legal Metrology (Packaged Commodities) Rules, 2011 or as per the instructions issued by the Agricultural Marketing Adviser from time to time.
(4) Graded material of small pack sizes of the same lot or batch and grade may be packed in a master container with complete details thereon along with grade designation mark.
(5) Each package shall contain Gum Karaya of the same type and of the same grade designation.
(6) Each package shall be properly and securely closed and sealed so as to disallow spilling.
### 6. Method of Marking.
(1) The grade designation mark shall be securely affixed to or printed on each package in a manner approved by the Agricultural Marketing Adviser or an officer authorised by him in this behalf in accordance with rule 11 of the General Grading and Marking Rules, 1988.
(2) In addition to the grade designation mark, the following particulars shall be clearly and indelibly marked on each package, namely:
(a) Name of the commodity;
(b) Grade;
(c) Variety or trade name (optional);
(d) Lot number;
(e) Date of packing;
(f) Address of the place of packing;
(g) Net weight;
(h) Name and address of the packer;
(i) Maximum retail price (inclusive of all taxes);
(j) Best Before\_\_\_\_\_\_\_\_ Month\_\_\_\_\_\_\_\_\_ Year;
(k) any other particulars as may be specified under the Legal Metrology (Packaged Commodities) Rules, 2011, the Food Safety and Standards Act, 2006 (
34 of 2006
) or instructions issued by the Agricultural Marketing Adviser or any officer authorised by him.
(3) The ink used for marking on packages shall not contaminate the Gum Karaya.
(4) The authorised packer, may, after obtaining prior approval of the Agricultural Marketing Adviser or an officer authorised by him in this behalf, mark his private trade mark or trade brand on the graded packages provided that the same do not indicate quality other than that indicated by the grade designation mark affixed to the graded packages in accordance with these rules.
### 7. Special conditions of certificate of authorisation.
(1) In addition to the conditions specified in sub-rule (8) of rule 3 of the General Grading and Marking Rules, every authorised packer shall follow all other instructions specified by Agricultural marketing Adviser from time to time;
(2) The authorised packer shall either set up his own laboratory as per the specified norms or have access to an approved State Grading Laboratory or cooperative or association laboratory or a private commercial laboratory manned by a qualified chemist approved by the Agricultural Marketing Adviser or an officer authorised by him in this behalf in accordance with rule 9 of the General Grading and Marking Rules for testing the quality of Gum Karaya.
(3) The premises shall be maintained in hygienic and sanitary conditions with proper ventilations and well lighted arrangement and the personnel engaged in these operations shall be of sound health and free from any infectious, contagious or communicable diseases.
(4) The premises shall have adequate storage facilities with proper flooring and free from rodent and insect infestation.
(5) The authorised packer and the approved chemist shall comply with all instructions regarding testing, grading, packing, marking, sealing and maintenance of records which may be issued by the Agricultural Marketing Adviser or any other officer authorised by him in this behalf from time to time.
I
---
(See rule 3)
(Design of Agmark insignia)
Name of the commodity ........................................................
Grade ........................................................................
II
----
(See rules 4)
Grade Designation And Quality of Gum Karaya
### 1. Gum Karaya shall be obtained from the exudes of the plant Sterculia urens Roxburgh of the family Sterculiaceae. ###
2. Minimum Requirements. - (1) Gum Karaya shall be-
(a) dried;
(b) free from insect infestation and fungus attack;
(c) free from added colouring matter;
(d) free from rodent hair and excreta;
(e) free from animal filth, dust and dirt.
(2) It shall comply with the restrictions in regard to residual levels of metal contaminants, insecticides and pesticides residues, microbial requirements, crop contaminants, naturally occurring toxic substances and other food safety requirements as specified under the Food Safety and Standards (Contaminants, Toxins and Residues) Regulations, 2011 and the Food Safety and Standards (Food Products Standards and Food Additives) Regulations, 2011, and other regulations notified under the Food Safety and Standard Act, 2006, for domestic trade.
(3) It shall comply with the residual limits of heavy metals, pesticides and other food safety requirements as laid down by the Codex Alimentarius Commission, or importing countries requirement for exports.
### 3. Criteria For Grade Designation | | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Designation
|
Organic Extraneous matter, [per cent by mass]
(on dry basis(max.)
|
Loss on drying (per cent by mass)(max.)
|
Total Ash [Per cent by mass] (on dry
basis)(max.)
|
Acid Insoluble Ash [per cent by mass] (on dry
basis(max.)
|
Acid insoluble matter [per cent by mass] (on
dry basis(max.)
|
Volatile Acid as Acetic Acid [per cent by
mass] (on dry basis)(min.)
|
Swelling property, ml(min.)
|
Water absorption in ml.(min.)
|
Starch test
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
|
Special
|
0.3
|
16.0
|
6.0
|
0.75
|
2.0
|
11.0
|
210.0
|
80.0
|
Negative
|
|
Standard
|
0.4
|
16.0
|
7.0
|
0.85
|
2.5
|
10.5
|
205.0
|
78.0
|
Negative
|
|
General
|
0.5
|
16.0
|
8.0
|
1.00
|
3.0
|
10.0
|
200.0
|
75.0
|
Negative
|
### 4. Other requirements: ###
1. Identification. - (i) Swelling with water. - The material shall have the quality of swelling to form a granular, stiff, slightly opalescent gel which is acidic to litmus.
(ii) Swelling by ethanol solution. - Gum Karaya shall have the quality of swelling in 60% ethanol distinguishing it from other gums.
(iii) Colour reaction. - (a) shall develop a permanent red or pink colour when boiled 1 gm of the sample with 20 ml of water until a mucilage is formed by adding 5 ml of hydrochloric acid and boil the mixture for five minutes.
(b) a brown colour is produced on warming 5 gram of Gum Karaya with 2 ml of 5M sodium hydroxide.
(iv) Precipitate formation. - A red precipitate is formed when 1 gm Gum Karaya is mixed with 80 ml of water for twenty four hours and when boiled 4 ml of resulting mucilage with 0.5 ml of concentrated hydrochloric acid and 1 ml of 5M Sodium hydroxide and filter by adding 3 ml of potassium cupritartrate solution and heated.
### 2. Shall be free from Chlorides and Sulphates. ###
3. The condition of the Gum Karaya shall be such so as to enable it-
- to withstand transport and handling; and
- to arrive in satisfactory condition at the place of destination.
### 4. Gum Karaya shall be stored in cool and dry place, maintained in a clean and hygienic condition .
|
65ba31c2ab84c7eca86eacdd | acts |
Bengal Presidency - Act
-------------------------
The Calcutta Land-Revenue Act, 1850
-------------------------------------
BENGAL PRESIDENCY
India
The Calcutta Land-Revenue Act, 1850
=====================================
Act 23 of 1850
----------------
* Published on 8 June 1850
* Commenced on 8 June 1850
The Calcutta Land-Revenue Act, 1850.
West Bengal Act 23 of 1850
[8th June, 1850.]
An Act for securing the Land-revenue of Calcutta.
Whereas it is expedient that the land-revenue accruing due to the [Crown]
[Word substituted by the Government of India (Adaptation of Indian Laws) Order, 1937.]
within Calcutta be ascertained and collected in as summary a manner as in other parts of the territories under the government of the [Crown]
[Word substituted by the Government of India (Adaptation of Indian Laws) Order, 1937.]
:
It is declared and enacted as follows :
### 1. Assessment of unassessed lands. -
All assessable lands, not the property of the [Government]
[Word substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950.]
, within the town of Calcutta, of which the rate of assessment is not known, or which have not heretofore been assessed, shall be assessed at the rate of three annas for each cottah.
### 2. Lakhiraj tenures. -
Lakhiraj tenures of land in Calcutta, of which uninterrupted possession has been held exempt from assessment for sixty years, shall be valid : no other lakhiraj tenures of land in Calcutta shall be deemed valid unless the same are or shall be held under an unexpired grant from the British Government.
### 3. Levy, by distress and sale, of unpaid assessments. -
If any owner of land within Calcutta, or any person holding land within Calcutta on lease from the [Government]
[Word substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950.]
shall, upon the written demand of the Collector, refuse or neglect to pay any sum at which the land is assessed, or for which he is liable under his lease, the Collector may levy the same by distress and sale of the goods and chattels, wherever found, of such owner or lessee, or, after written demand upon the tenant or occupier, and his refusal or neglect to pay the sum lawfully demanded, by distress and sale of any goods and chattels found upon the land, in the manner appointed for regulating distress for small rents in Calcutta by [the Presidency Small Cause Courts Act, 1882, Chapter VIII]
[Words and figure substituted by Act 15 of 1882.]
; and, for the purpose of any such distress and sale, the Collector shall have all the powers of [the Judges of the Court of Small Causes at Calcutta]
[Words substituted by Act 15 of 1882.]
; and the Collector shall have power to appoint any of his officers to perform the duties of bailiffs and appraisers, and of the chief clerk of the said Court,[\* \*]
[Words omitted by Act 15 of 1882.]
and all the provisions of the said Act relating to [the Judges of the Court of Small Causes at Calcutta]
[Words substituted by Act 15 of 1882.]
and their Court shall be deemed to apply to the said Collector and his office in the execution of this Act.
### 4. Deduction by occupier from landlords rent. -
In the case of payment by any tenant or occupier not holding immediately under the [Government]
[Word substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950.]
, or the seizure and sale of his property, he may deduct the amount of the payment or levy from the next payment of rent to his landlord.
### 5. Priority of Government claim. -
The claim of the [Government]
[Word substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950.]
for land-revenue or rent has priority over all other claims upon the land, or to which property distrained upon the land may be liable.
### 6. Distress not stayed unless amount lodged. -
If the Collectors claim for arrears of rent is disputed, the process of distraint and sale shall not be stayed, unless the amount claimed be lodged with the Collector.
### 7. Recovery of arrears. -
Arrears of rent or revenue which shall become due to the [Government]
[Word substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order, 1950.]
, within the town of Calcutta after the passing of this Act shall be recoverable at any time within six years next after the same are due, or next after an acknowledgement of the same in writing has been given by the person by whom the same is payable or his agent, and not afterwards.
### 8. Inquiry into claims to hold land lakhiraj. -
When a claim to hold land lakhiraj or free of assessment shall be set up under this Act, the Collector shall inquire into the claim, taking such evidence as the claimant may offer or the public records supply, and shall report his proceedings and decision in the case for the consideration of the Revenue Commissioner. If the Commissioner is satisfied of the validity of the claim, he shall make an order accordingly, and such order shall be final. If he is not satisfied of the validity of the claim, he shall direct the Collector to assess the land, leaving the claimant to contest the Collectors demand in the Civil Courts as herein provided.
### 9. Penalty for obstructing Collector. -
Any person obstructing or molesting the Collector or any of his subordinate officers in the execution of their duty shall, on conviction before a Magistrate of the town of Calcutta, be liable to a fine not exceeding five hundred rupees, and, in default of payment, to imprisonment in the common jail for a term not exceeding six months, or until the fine is sooner paid.
### 10. Power to punish contempts. -
The Collector may punish any contempt committed in his presence in open cutcherry or office, by fine not exceeding two hundred rupees, and, in default of payment, by imprisonment in the common jail for a term not exceeding one month : from every such order, or fine or imprisonment, an appeal shall lie to the Commissioner, whose decision shall be final.
### 11. Control of Collector. -
The Collector shall act in the execution of this Act under the usual control of the superior Revenue-authorities.
### 12. Bar of Jurisdiction of Supreme Court. -
The ground-rents payable to the [Government]
[Word substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order,1950.]
from lands in Calcutta are revenue within the meaning of the Act of Parliament 21 Geo. 3, c. 70, and the Supreme Court of Judicature established by Royal Charter at Fort William in Bengal has not any civil jurisdiction concerning, the said ground-rents or concerning anything ordered or done in the assessment or collection thereof.
### 13. Jurisdiction of Court of 24-Parganas. -
All actions concerning any trespass or injury committed by any Revenue-officer acting under colour of this Act, or concerning any claim in respect of any goods taken by, or any moneys paid to, any Revenue-officer under this Act, or concerning any claim of rent or revenue on the part of the [Government]
[Word substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order,1950.]
under this Act, shall be tried and determined in the Civil Courts established by the [Government]
[Word substituted by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Adaptation of Laws Order. 1950.]
, at the sadar station of the 24-Parganas, notwithstanding that the cause of action in respect of which such action is brought arose, or the defendant therein resides, within the limits of the town of Calcutta : and every such action shall be brought within six months after the cause of action arose, and not afterwards.
### 14. "Collector", "Commissioner." -
The words "Collector" and "Commissioner" used in this Act shall be taken to mean any person lawfully appointed to exercise the powers of Collector and Commissioner respectively.
|
65b99fdfab84c7eca86e97bc | acts |
State of Haryana - Act
------------------------
The Pepsu Abolition of Ala Malikiyat Rights Rules, 1953
---------------------------------------------------------
HARYANA
India
The Pepsu Abolition of Ala Malikiyat Rights Rules, 1953
=========================================================
Rule THE-PEPSU-ABOLITION-OF-ALA-MALIKIYAT-RIGHTS-RULES-1953 of 1953
---------------------------------------------------------------------
* Published on 18 September 1953
* Commenced on 18 September 1953
The Pepsu Abolition of Ala Malikiyat Rights Rules, 1953
Published vide Pepsu Government Notification No. 98, dated 18th September, 1953
### 1. Short title and commencement.
- These rules may be called the Patiala and East Punjab States Union Abolition of Ala Malikiyat Rights Rules, 1953.
(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 Patiala and East Punjab States Union Abolition of Ala Malikiyat Rights Act, 1953 (II of 1953).
(b) "Form" means a form appended to these rules.
### 3. Form of application by Ala Malik.
- An application under sub-section (1) of section 4 of the Act shall be made in Form I and may be presented by the ala malik or, where there are more than one ala maliks in any land, by any one or more of them either personally or through a legal practitioner or a recognized agent.
(2) Compensation shall be determined by the Collector Khewat-wise and all proceedings, whether started on the application of the ala malik or suo motu in respect of land in one Khewat shall be deemed by the Collector to be one case.
### 4. Register of compensation proceedings.
(1) A register in Form II shall be maintained in the office of the Collector Tehsil-wise in which all applications and particulars relating thereto shall be entered.
(2) Where the Collector suo motu starts proceedings for the determination of compensation under the provisions of the Act, he shall cause necessary entries to be made in the register referred to in sub-rule (1) in the running serial order.
### 5. Form of Notice.
- The notice under sub-section (2) of section 4 of the Act shall be in form III.
(2) Notices under the Act shall be served in the manner provided in section 90 of the Punjab Tenancy Act, 1887.
### 6. Procedure for recording evidence.
- In proceedings under section 4 of Act, no detailed record of statements of parties and witnesses may be made but the order of the Collector shall state briefly the persons examined by him, the facts on which they deposed and the grounds of the order.
### 7. Manner of payment of compensation.
- The amount of compensation awarded under the Act shall be paid by the adna malik to the ala malik in a lump sum.
### 8. Form of notice to pay and receive compensation.
- As soon as may be after compensation has been awarded under the Act, the Collector shall require the adna malik to pay the compensation awarded and for that purpose shall issue a notice to him in Form IV and shall also send a copy of the same to the ala malik for his information.
### 9. Applications for review or revision.
- All applications for review or revision under the Act shall be made in the same manner as is provided in the Punjab Tenancy Act, 1887.
### 10. Applications to be stamp free.
- All applications under the Act shall be made on a petition paper, but no stamp duty shall be chargeable.
Form I
[See Rule 3]
Application to be presented under sub-section (1) of section 4 of the Act
To
The Collector,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_District.
Sir,
As required by section 4 of the Patiala and East Punjab States Union Abolition of Ala Malikiyat Rights Acts, 1953, I/we furnish below the particulars of the land held by adna malik/maliks under me/us for determination and award of the amount of compensation payable to me/us by the adna maliks.
Village\_\_\_\_\_\_\_\_\_, Tehsil\_\_\_\_\_\_\_\_District\_\_\_\_\_\_\_\_\_\_ in which land is situated.
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Serial No. to be given by Collector's office
|
Khewat No.
|
Names and particulars of ala maliks with shares, if any
|
Names and particulars of adna maliks with shares, if any
|
Total area
|
Annual rent payable by the adna maliks to ala maliks
|
Land revenue including rates and cesses
|
Amount of compensation claimed
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| | |
| --- | --- |
|
Dated\_\_\_\_\_\_\_\_\_\_\_\_ 19
|
Signatures
|
Form II
[See rule 4]
Register of cases to be maintained by the Collector, Tahsil-wise
| | |
| --- | --- |
|
Tahsil\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
District\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Serial No.
|
Date of Institution
|
Village with Hadbast No.
|
Name of applicants with addresses
|
Whether proceedings started suo motu
|
Names with particulars and shares of ala maliks
concerned
|
Names with particulars and shares of adna maliks
concerned
|
Khewat Number
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
|
|
|
|
|
|
|
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Total area of Khewat involved
|
Haq malkana
|
Land revenue including rates and cesses
|
Summary of award
|
Date of credit of award
|
Date of deposit of compensation money
|
Date or dates of disbursement to ala maliks
|
Remarks
|
|
9
|
10
|
11
|
12
|
13
|
14
|
15
|
16
|
|
|
|
|
|
|
|
|
|
Form III
[See rule 5]
Notice under sub-section (2) of section 4 of the Act
Office of the Collector \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
| | |
| --- | --- |
|
Case No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
Date of institution \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
NOTICE
| | |
| --- | --- |
|
Description of holdings in respect of
|
Village \_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
|
which Ala Malikiyat rights have been abolished
|
Khewat No. \_\_\_\_\_\_\_\_\_\_
|
|
|
Area
|
|
Ala Maliks,
|
Adna Maliks
|
\_\_\_\_\_\_\_\_\_\_\_\_\_
To
In exercise of the powers vested in me under section 4(2) of the Abolition of the Ala Malikiyat Rights Act, 1953, I \_\_\_\_\_\_\_\_\_\_, Collector \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Name of Collector)\_\_\_\_\_\_\_\_\_\_\_\_\_\_(Name of place)\_\_\_\_\_\_\_\_\_\_\_\_\_order that \_\_\_\_\_\_\_\_\_\_\_\_ proceedings for the determination of compensation payable to the ala malik by the adna maliks, consequent upon the abolition of the Ala Malikiyat Rights in respect of the holding noted above, be taken up; as applied for by the ala malik/maliks.
Notice is, therefore, hereby given under sub-section (2) of section 4 of the Act to the ala maliks/the adna maliks to appear before me on \_\_\_\_\_\_\_\_\_\_\_\_ at\_\_\_\_\_\_\_\_\_\_\_\_ (date)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_(time)\_\_\_\_\_\_\_\_\_\_\_\_\_ at\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to state or to be rebut the claim for payment of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ (place)\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_compensation and to adduce, on that date or any date to which the proceedings may be adjourned, evidence in support of their claims for the determination of the amount of compensation.
Please take notice that in default of appearance on the said date or on the dates to which the proceedings may be adjourned, it shall be presumed that the absenting party has nothing to say and that there is no objection to the case being heard and award given ex parte.
Given under my hand and seal this \_\_\_\_\_\_\_\_\_\_\_day of \_\_\_\_\_\_\_\_\_\_\_\_\_19\_\_\_\_.
| | |
| --- | --- |
|
Seal
|
Collector\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
Notes - (1) In case of suo motu proceedings, the words "as applied for by the ala malik" in para 1 will be struck off.
(2.) In case of application of ala malik or all the ala maliks jointly, notice should only be issued to adna maliks.
Form IV
[See rule 8]
Notice under section 6
Office of the Collector
| | |
| --- | --- |
|
Case No.\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
|
Instituted on
|
Adna Malik
Whereas a sum of Rs. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_has been determined under an award, dated \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, as compensation under section 4 of the Patiala and East Punjab States Union Abolition of Ala Malikiyat Rights Act, 1953, payable to \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Ala Malik for abolition of his rights of Ala Malikiyat in respect of Khewat No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_village of which you were the adna malik; you are hereby directed to pay that amount in lump sum to the ala malik or to deposit the same in the Tehsil Treasury at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_within a period of one year from the date of the award.
Take notice that in default of this payment, the arrears will be recoverable under sub-section (2) of the section 6 as if these were arrears of land revenue.
Given under my hand and seal this \_\_\_\_\_\_\_\_\_\_\_\_\_day of \_\_\_\_\_\_\_\_\_\_\_19 \_\_\_\_.
Seal
Collector
Copy to : Ala Malik, for information., Collector.
|
65b92994ab84c7eca86e8772 | acts |
State of Uttar Pradesh - Act
------------------------------
The Aligarh Development Authority (Form of Application For Permission For Development) Bye-Laws, 1983
-------------------------------------------------------------------------------------------------------
UTTAR PRADESH
India
The Aligarh Development Authority (Form of Application For Permission For Development) Bye-Laws, 1983
=======================================================================================================
Rule THE-ALIGARH-DEVELOPMENT-AUTHORITY-FORM-OF-APPLICATION-FOR-PERMISSION-FOR-DEVELOPMENT-BYE-LAWS-1983 of 1983
-----------------------------------------------------------------------------------------------------------------
* Published on 3 April 1984
* Commenced on 3 April 1984
The Aligarh Development Authority (Form of Application For Permission For Development) Bye-Laws, 1983
[Vide Notification No. 152I/XXXVII-2-158-DA.-80, dated March 31; 1984, published in U.P. Gazette, 'Extra) dated 3rd April, 1984, pp.4-7].
### 031. In pursuance of the provisions under clause (a) of Section 57 of the Uttar Pradesh Urban Planning and Development Act, 1973 (President's Act
No. 11 of 1973
) as re-enacted with modifications by the Uttar Pradesh President's Acts (Re-enactment with Modifications) Act, 1974 (U.P. Act No.30 of 1974), the Aligarh Development Authority, after the previous approval of the State Government, makes the following Bye-Laws prescribing the form of application for permission for development under sub-section (1) of Section 15 of the Act:
### 1. Short title and commencement -
(1) These Bye-laws may be called the Aligarh Development Authority (Form of Application for Permission for Development) Bye-Laws, 1983;
(2) They shall come into force with effect from the date of publication in the Gazette; and
(3) They shall be applicable to the Aligarh Development Area.
### 2. Definitions.
- In these Bye-laws, unless the contest otherwise requires -
(a) "Open Space" means an area, forming an integral part of the plot left open to the sky and includes any land left open and unbuilt or laid out and developed as a garden or park or which is being used for any other purpose;
(b) "Person" means any individual, society, colonizer, a company or Government department other than the Defence department of the Government of India.
### 3. Application for permission.
- Application for permission under Section 15 shall be in Form 'A' and shall be accompanied by a receipt showing that the prescribed fee has been deposited.
### 4. Plans to accompany application for permission.
- The application for permission shall be accompanied with the following plans:
(1) A site plan of the proposed development drawn on a scale of not less than 1:1000 for plots upto 10 hectares and not less than 1:100 for plots above 10 hectares and 1:500 for sub-division of land; which shall include the following information -
(i) the boundaries of the site inter-dimensions and also of any contiguous land belonging to the owner, specifying Khasra number or other local denominations where available;
(ii) the position of the proposed building on the site and of other buildings, if any, which the applicant intends to erect upon his contiguous land and where the land is sub-divided, the boundaries of the other portions of the land so sub-divided, and all adjacent streets, buildings and premises within a distance of 40 metres of the site or the contiguous land;
(iii) the means of access from the existing street to the proposed buildings;
(iv) the set-back of the building all around;
(v) the location of the area within the Master Plan;
(vi) the position of all existing structures, Kachha or Pucca including religious buildings, aerial lines, telegraph and electric poles, trees, etc. within a distance of 15 metres from the boundary of the , site;
(vii) the present and proposed use of the land or site;
(viii) major physical characteristics of the land proposed to be developed, the approximate locations and width of any arterial road, water course etc.
(ix) scale and north point; and
(x) plinth level and levels of adjacent roads in lay-out plans.
(2) Detailed Lay-out Plan, on the same scale as the site-plan, showing location and width of all streets and roads and dimensions and uses of all plots in which the site if proposed to be divided and also showing -
(a) location of drains, sewers, public utility services, electric lines and sewage;
(b) area set apart from roads, open spaces, play-grounds, schools or other public buildings; and
(c) in distinctive notations, all uses to which land is to be put.
(3) Detailed Plan showing -
(a) building elevation and sections, with distinct indication of proposed and existing works;
(b) arrangements for proper drainage including - .
(i) floor plans of all floors, together with the covered area, accessory buildings and basement plans and terrace plans (such drawings shall clearly indicate the sizes and spacing of supporting members, sizes of rooms, etc.);
(ii) location of essential service, e.g. water- closet, sink, bath and the like;
(iii) sectional drawings showing clearly the sizes of footings, thickness of basement walls and all roofs, slab, wall-construction sizes and spacing of frame members, ceiling heights and parapet heights with their materials. The section shall indicate the drainage and the slope of the roof and at least one section shall be taken through the stair-case;
(iv) all street elevations;
(v) dimensions of the projected portions beyond the permissible building line;
(c) Name and address of the owner/owners of the land or site;
(d) Name of the Architect/Town Planning Engineer/Surveyor/ Draughtsman responsible for the execution of the project with his registration number in the Authority;
(e) North line and scale used;
(4) The plans may be ordinary ferro, ammonia, or Diaze prints of which one set will be mounted on cloth. The mounted set shall be maintained in the Office of the Development Authority.
(5) The plans shall be signed by the applicant as well as, by the Architect/Town Planning Engineer/Surveyor/Draughtsman "with his full name, registration number in the Authority and his seal.
### 5. Statement to accompany application for permission.
- The application for permission in the case of detailed layout plans shall be accompanied by the following statements -
(a) a statement containing general specifications of all improvements proposed to be made within the area, e.g. grading and paving of roads and streets, provision of gutters, side-drains, water-supply and arrangement of sewage disposal and lighting and development of parks and playfields;
(b) the purpose for which land or structure is to be used and written analysis of allocation of land for different purposes;
(c) detailed specifications, material to be used and estimated cost of the development of the area;
(d) quality and quantity of effluent in respect of industrial concern;
(e) title of ownership of the land if the permission is required for development;
(f) any other statement required by the Development Authority.
### 6. Presentation of application.
- The application with plans and statements shall be presented to the Vice-Chairman of the Development Authority or an officer authorised by him in this behalf.
### 7. Land adjoining Government property.
- In case of an application pertaining to the land within 30 metres of the property or road maintained by the Public Works Department, Irrigation or any other Government Department or belonging to Railway Administration or Military, it should be in duplicate and the plans in quadruplicate one set for the use of the Authority and the other for the use of the officer-in- charge of the department concerned for report before the permission is granted.
Form 'A'
(See Bye-Law 3)
Application for Permission for Development
To,
The Vice-Chairman,
Aligarh Development Authority.
Aligarh
Sir,
I/We beg to apply for permission for development in accordance with the plans and statements enclosed herewith as required by the Aligarh Development Authority (Form of Application for Permission for Development) Bye-laws, 1982 and also state the requisite details as hereunder -
### 1. Name of the applicant(s) ...................................... ###
2. Address.....................................................
### 3. Description of the land intended to be developed.................. ###
4. Description of the boundaries of the said land...... ..............
### 5. Details of the Plans and statements enclosed : (a) Plans (in triplicate/quadruplicate).........................
(b) Statements.............................................
(c) Certificate of Architect/Town Planning Engineer/Surveyor/ Draughtsman.
(d) Other documents required by the Bye-laws.
I/We, therefore, request you kindly to grant the permission applied for.
Signature of the Architect/
Signature of Applicant.
Town Planning Engineer/Surveyor/Draughtsman.
|
65ba0b35ab84c7eca86ea8e0 | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes - Issue of Community, Nativity and Date of Birth Certificates Rules, 1997
--------------------------------------------------------------------------------------------------------------------------------------------------
ANDHRA PRADESH
India
Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes - Issue of Community, Nativity and Date of Birth Certificates Rules, 1997
==================================================================================================================================================
Rule ANDHRA-PRADESH-SCHEDULED-CASTES-SCHEDULED-TRIBES-AND-BACKWARD-CLASSES-ISSUE-OF-COMMUNITY-NATIVITY-AND-DATE-OF-BIRTH-CERTIFICATES-RULES-1997 of 1997
----------------------------------------------------------------------------------------------------------------------------------------------------------
* Published on 12 May 1997
* Commenced on 12 May 1997
Andhra Pradesh Scheduled Castes, Scheduled Tribes and Backward Classes - Issue of Community, Nativity and Date of Birth Certificates Rules, 1997
Published vide Notification G.O.Ms.No. 58, Social Welfare (J2), dated 12-5-1997
Last Updated 23rd October, 2019
G.O.Ms.No. 58. - In exercise of the powers conferred by sub-section (1) of Section 20 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (Act 16 of 1993), the Governor of Andhra Pradesh hereby appoints 16-5-1997 as the date on which the provisions of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997, shall come into force in all the areas of the State of Andhra Pradesh.
### 1. Short title and commencement of Rules.
- These rules may be called the Andhra Pradesh (Scheduled Castes, Scheduled Tribes & Backward Classes) Issue of Community, Nativity and Date of Birth Certificates Rules, 1997.
### 2. Definitions.
- In these rules, unless the context otherwise requires:-
(a) "Form" means a form appended to these rules.
(b) "Act" means the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993 (Act No. 16 of 1993).
(c) "Competent Authority" means the authority specified under column (2) of Annexure I appended to, these rules, for issue of certificates to the communities specified in column (1) within the territorial jurisdiction as specified in column (3) thereof.
(d) "Traditional Habitat" of a tribe means the area in which a tribe or part or group of that tribe is found inhabiting traditionally, on the date of notification of that tribe or part or group of that tribe as a Scheduled tribe for the first time in the State of Andhra Pradesh.
### 3. Community, Nativity and Date of Birth Certificates.
- The form for issue of Community, Nativity and Date of Birth Certificates is as specified in Form II appended to these Rules.
### 4. Procedure for Application.
(a) Every applicant/parent/guardian who belongs to a Scheduled Caste, Scheduled Tribe, Backward Class, desirous of declaring his social status as that of a Scheduled Caste, Scheduled Tribe or a Backward Class, shall submit an application in the prescribed Form I/II to Competent Authority, well in advance i.e. six months, as far as possible, particularly when seeking admission to the educational institutions or appointment to a post.
(b) If the applicant is a minor, the parent/guardian shall submit the application form as mentioned in clause (a) above.
### 5. Procedure for Verification.
(a) On receipt of the application, the Competent Authority or any officer authorised by him in this regard shall ensure that the applicant has furnished complete information in all the columns of Form I/II and; shall then give the acknowledgement slip as appended to Form I/II, in token of having received the application. The Competent Authority shall then verify the information/documents/ evidence furnished by the applicant/parent/guardian in Form I/II. If the Competent Authority is satisfied with the correctness of the information/documents/evidence furnished by the applicant/parent/ guardian, he shall issue the Community, Nativity and Date of Birth Certificates in Form III within 30 (thirty) days of the receipt of the application in Form I/II. The Competent Authority shall specify in Form III the sub-caste of the SC claimant and the sub-tribe/sub-group of the ST claimant as listed out in Annexure I appended to these Rules.
(b) If the Competent Authority feels that further enquiry is necessary, he shall then examine the school records, birth registration certificate, if any, and also examine the parent/guardian or applicant, in relation to his/her/their community He may examine any other person who has the knowledge of the social status of the applicant/parent/guardian, as the case may be. He shall take into account, in the case of Scheduled Tribes, their anthropological and ethnological traits, deity, rituals, customs, mode of marriage, death ceremonies/method of burial of dead bodies etc., before issuing the Community, Nativity and Date of Birth Certificates. The Competent Authority shall have power to call for further information and/or collect such evidence/document and also conduct such enquiry as specified in the Form IV, if deemed necessary, Notice in Form IV should be issued to the parent/guardian, in case the applicant is a minor, to appear before the Competent Authority.
(c) The notice as specified in Form IV should give clear 15 (fifteen) days, from the date of the receipt of the notice by the parent/ applicant/guardian, to attend the enquiry. In no case, not more than 30 (thirty) days from the date of the receipt of the notice, should be allowed.
(d) Where the person on whom a notice in Form IV is served by the Competent Authority fails to respond on the date mentioned therein, the Competent Authority may reject or confirm the claim of the person based on the document/evidence available with the Competent Authority (furnished while applying in Form I/II). He may also take into account any other material/evidence/documents gathered by him in that particular case. The Competent Authority shall cause enquiry, following due process of law, to verify the genuineness or otherwise of the information/evidence/documents furnished or recorded, from such persons as called for in the enquiry specified in Form IV. He may also cause to collect any other documentary or related evidence about the genuineness or otherwise of the information furnished by the persons called for in the enquiry.
(e) The Competent Authority should give reasonable opportunity to the applicant/parent/guardian to produce evidence in support of their claim. A public notice by the beat of drum or any other convenient mode may be published in the village or locality to which the applicant/parent/guardian belongs. If any person or association opposes such a claim, opportunity to produce the evidence in person before the Competent Authority may be given to him or her. After giving such an opportunity to that person or association the Competent Authority may make such enquiry as it deems expedient and consider claims of the applicant/guardian/parent vis-a-vis the objections raised by his/her/their opponent.
(f) The Competent Authority shall requisition the services of Mandal Revenue Inspector, Village Development Officer, Village Administrative Officer or such other persons as deemed necessary, to assist him in the enquiry to verify the veracity or otherwise of the community claims made by the applicant/parent/guardian. However the responsibility for issue or rejection of the claim shall rest on the Competent Authority only.
(g) In respect of the tribal communities who are not "traditional inhabitants" of the area of territorial jurisdiction of the "Competent Authority", as specified in column 3 of Annexure I appended to these Rules, the Competent Authority shall make a reference to the District Tribunal Welfare Officer concerned to provide such professional assistance as available with him or with the Tribal Cultural Research Institute, Hyderabad, to confirm or reject the claim of the applicant.
(h) The Competent Authority shall confirm or reject the claim for the Community, Nativity and Date of Birth Certificate, after conducting the enquiry as mentioned in the paras above, within a period not exceeding 60 (sixty) days from the date of receipt of the application by him in Form I/II.
(i) The Competent Authority in the cases of doubtful claims, shall refer the matter to the Chairman of the Scrutiny Committee formed at the District level under Rule 8 i.e. Joint Collector of the District, for the recommendations of the Committee, with regard to the issue of the Community, Nativity and Date of Birth Certificate as applied for by the applicant. On receipt of the recommendations of the Scrutiny Committee, the Competent Authority shall accordingly confirm or reject the claims of the applicants.
### 6. Burden of Proof.
- It is the responsibility of the applicant to produce necessary evidence/documents while applying in Form I/II to the Competent Authority and also as called for by the Competent Authority/ Scrutiny and Review Committee at the State level/District Collector/Scrutiny Committees at the District level/Government, from time to time, while enquiring into the claims for the issue of Community, Nativity and Date of Birth Certificate.
### 7. Scrutiny and Review Committee (State level).
- A Scrutiny and Review Committee shall be constituted at the State Level with the following officers:
| | | |
| --- | --- | --- |
|
(a) (1)
|
Principal Secretary to Government Social Welfare Department
|
-Chairman
|
|
(2) |
Commissioner, Social Welfare
|
-Member
|
|
(3) |
Commissioner, Tribal Welfare
|
-Member
|
|
(4) |
Commissioner, Welfare of Backward Classes
|
-Member
|
|
(5) |
Inspector General of Police C.B.C.I.D. (P.C.R. & Vigilance
Cell)
|
-Member
|
|
(6) |
Additional Secretary/Joint Secretary/Deputy Secretary to
Government, Social Welfare Department
|
-Member(Convener) |
(b) This Scrutiny and Review Committee shall meet once in three months or as often, depending on the necessity.
(c) Presence of three members will form the required quorum for the meeting of the Committee.
(d) This Committee shall review and monitor the functioning of the scrutiny committees at the District level constituted under Rule 8. It shall render necessary advice to the Government on various policy decisions to be taken for streamlining the procedure or on any other issues related to the issuing of Community Certificates as per Act.
(e) The Committee may also render necessary guidance and advice to the Government on cases referred to it, where divergent and conflicting enquiry reports are received by the Government, in respect of the community claims.
### 8. Scrutiny Committee (District level):
(a) In every District, a Scrutiny Committee shall be constituted with the following officers:-
| | | |
| --- | --- | --- |
|
(1) |
Joint Collector
|
-Chairman
|
|
(2) |
District Revenue Officer
|
-Member(Convener) |
|
(3) |
Deputy Director (Social Welfare)
Deputy Director (Tribal
Welfare)/District Tribal Welfare Officer
Deputy Director (Backward Classes Welfare)/District Backward
Classes Welfare Officer
|
-Member
-Member
-Member
|
|
(4) |
Officer of the Research Organisation in the Commissionerate of
SW/TW nominated by the concerned Heads of the Departments
|
-Member
|
|
(5) |
Officer representing the PCR/Vigilance Cell in the District
|
-Member
|
(b) The Scrutiny Committee shall meet atleast once in a month or as often, depending on the cases referred to it.
(c) Presence of three members will form the required quorum for the meetings of the Committee.
(d) (1) The Scrutiny Committee, on receipt of the cases referred to it by the Competent authority under Rule 5(i), shall conduct enquiry regarding the doubtful claims, by giving notice in Form V to the applicant, within the period specified in the notice. This period should not be less than 15 (fifteen) days from the date of service of the notice on the applicant and in no case, on request, more than 30 (thirty) days should be allowed. This notice shall be served on the applicant through the Competent Authority who referred the case to the Committee.
(2) The notice referred to in Form V shall be served on the parent/ guardian in case the applicant is a minor.
(3) Where the person on whom a notice in Form V is served by the Scrutiny Committee fails to respond on the date mentioned in the notice, the Scrutiny Committee may finalise its recommendations based on the material/documents/evidence made available to the Committee by the Competent Authority.
(4) The Scrutiny Committee shall cause enquiry, following the due process of law to verify the genuineness or otherwise of the information furnished or recorded from such persons as called in the enquiry as per Form V. It shall also cause to collect documentary evidence or any other related evidence about the correctness or otherwise of the information furnished or objections raised by any person during the enquiry.
(5) The Scrutiny Committee shall examine the school records, birth registration certificates, if any, furnished by the persons during the enquiry. It may also examine any other person who may have knowledge of the community of the applicant. With reference to the claims of Scheduled Tribes, it may examine the anthropological and ethnological traits, deity, rituals, customs, mode of marriage, death ceremonies/method of burial of dead bodies etc., of that particular tribe, to finalise its recommendations to the Competent Authority.
(6) The Scrutiny Committee should give reasonable opportunity to the applicant to produce evidence in support of their claim. A public notice by the beat of drum or any other convenient mode, may be published in the village or locality of the applicant and if any person or association, opposes such a claim, opportunity to produce evidence in person before the Committee may be given to him or her. After giving such an opportunity to that person, the Committee may make such enquiry as it deems expedient and finalise its recommendations, with brief reasons in support thereof, to the Competent Authority.
(7) The Scrutiny Committee shall examine the report of enquiry conducted by the Revenue Department furnished to it by the Competent Authority. It may also obtain expert opinion from the Commissionerate of Social Welfare/Tribal Welfare through the officers of the Research Organisations of these Commissionerates who are the members of the Scrutiny Committee, if deemed necessary. These enquiry reports may be compared and then recommendations of the Scrutiny Committee may be finalised as to whether the community claim of that applicant is found to be false or genuine.
(e) The Chairman of the Scrutiny Committee i.e., Joint Collector of the District, shall send the recommendations of the Committee to the Competent Authority stating clearly whether the community claim of the person in question or his or her children, is genuine or false with reasons thereof, within 45 days from the date of the receipt of the case referred to it by the Competent Authority.
### 9. Fraudulent claims.
(1) Where the District Collector receives a written complaint from any person or has otherwise reason to believe that a person not belonging to Scheduled Caste or Scheduled Tribe or Backward Class has obtained a false Community, Nativity and Date of Birth Certificate to the effect that either himself/herself/or his/her children belong to such a Scheduled Caste/Scheduled Tribe/Backward Class, the District Collector shall refer the case to the Chairman, Scrutiny Committee i.e., Joint Collector of the District (formed under Rule 8, to enquire into such cases and send its findings to the District Collector.
(2) The Scrutiny Committee on receipt of such cases referred to it by the District Collector, shall follow the procedure as listed in Rule 8(d), (1) to (7) except that it shall serve the notice in Form VI on the person involved in the case.
(3) The Scrutiny Committee shall in such cases cause enquiry by the protection of Civil Rights/Vigilance Cell also i.e. through the officer representing the Protection of Civil Rights/Vigilance Cell as the member of the Committee. The protection of Civil Rights/Vigilance Cell should investigate the social status claimed by the person by sending the Inspector of Police to the local place of residence of that person and where he/she usually resides or in case of migration, to the town or city from which he/she originally hailed from. The Inspector should personally verify and collect all the facts, about the community claim of the person or the guardian or the parent, as the case may be.
(4) Where the person on whom a notice served in Form VI fails to respond to the notice within the period specified in the notice, the Scrutiny Committee may finalise its findings based on the material made available by the District Collector i.e., enquiry report of the Revenue Department, enquiry report of the Protection of Civil Rights/Vigilance cell and the reports of the expert/Officer of the Research Organisation of the Commissionerate of Social Welfare/Tribal Welfare.
(5) The Scrutiny Committee shall compare the enquiry reports of the Revenue Department furnished by the District Collector, the reports of the Protection of Civil Rights/Vigilance Cell and the reports of the Expert or officer of the Research Organisation of the Commissionerate of Social Welfare/Tribal Welfare and then finalise its findings whether the Community, Nativity and Date of Birth Certificate given to the person or his/her children is genuine or otherwise.
(6) The Scrutiny Committee shall furnish its findings to the District Collector within 60 days from the date of the receipt of the reference from the District Collector.
(7) The District Collector shall then decide whether the certificate holder is genuine or fraudulent and in case of his having obtained a Community, Nativity and Date of Birth Certificate fraudulently, the District Collector shall pass an order cancelling the certificate issued, within one month from the date of receipt of the findings of the Scrutiny Committee and shall issue notification to that effect, to be published in the District Gazette. The District Collector shall also take necessary steps to initiate action against the Competent Authority who issued the Community, Nativity and Date of Birth Certificate to the wrong person, besides taking other specified in Rule 15. He shall communicate the cancellation of the certificate to the educational institution/ employer/appointing authority as the case may be forthwith.
(8) In respect of the Bariki SC Community, such written complaints if received by the Collector shall be referred by him to the Government, for necessary enquiry and final action to cancel the certificate, since the District Collector is the Competent Authority to issue the Community, Nativity and Date of Birth Certificate for this community.
(9) The Collector or Government, either suo motu or on a written complaint by any person or on request by an employer/educational institution/ appointing authority, shall enquire into the correctness of any Community, Nativity and Date of Birth Certificate already issued and if it is found that the certificate is obtained fraudulently, then the District Collector or the Government, as the case may be, shall cancel the certificate as per Section 5 of the Act.
(10) [ In respect of Tribals, [the Commissioner of Tribal Welfare/Director of Tribal Welfare]
[Added by Notification No. G.O.Ms. No. 79, dated 24.7.2002.]
, either suo motu or on a written complaint by any person or on request made by an employer/educational Institution/appointing authority, shall enquire into the correctness of any community, nativity and date of borth certificate already issued and if it is found that the said certificate is obtained fraudulently, shall refer the case to concerned Collector or the Government for its cancellation as per the procedure laid down Section 5 of the Act.]
### 10. Appeals.
- An appeal shall lie to the District Collector within thirty (30) days from the date of receipt of rejection orders on the application for Community, Nativity and Date of Birth Certificate passed by the Competent Authority. The Appellate Authority shall examine the grounds on which the appeal is filed and also receive or call for further evidence/documents if considered necessary, and pass such orders as the Appellate Authority considers fit and proper in the matter. In case of Bariki Caste, the appeal shall lie to the Government against the orders of the District Collector.
### 11. Review.
(1) The Government may, on an application filed by any person aggrieved by an order passed by the District Collector under sub-section (1) of Section 5 of the Act, within 30 (thirty) days of receipt of that order, review such order if it was passed by the District Collector under any mistake, whether of fact or law or in ignorance of any material fact.
(2) Pending disposal of an appeal under Rule 10 or a review under Rule 11(1) above, it shall be competent for the Government to stay the operation of the order against which an appeal or review, as the case may be, is filed.
### 12. Revision.
(1) The Government either suo motu, or on an application filed by any person aggrieved by the orders issued by the authority authorised under these rules, shall entertain such application as a revision petition, within sixty (60) days of the communication of the order passed under these Rules and pass appropriate orders in accordance with the provisions contained in Section 8 of the Act 16 of 1993.
### 13. Bar of Jurisdiction of Civil Courts.
- No Civil Court shall have jurisdiction in respect of any order passed by any officer or authority under the Act and no stay or injunction shall be granted by a Court, in respect of any action taken or to be taken by such officer or authority under the Act, in pursuance of any power conferred by or under the Act, as provided in Section 17 of the Act.
### 14. Exercising or Powers of Civil Courts.
- The Competent Authority/the Appellate Authority/the Scrutiny and Review Committee at the State level/Scrutiny Committees at the District/level Government shall exercise the powers of Civil Courts under the Code of Civil Procedure, 1908 in summoning the witnesses as defined in Section 9 of the Act in addition to-
(a) Receiving evidence on affidavit;
(b) Summoning and examining any person or documents;
(c) Making local enquiry and inspections.
### 15. Action on false certificates (Penalties) .
(a) Any person, who obtains a false Community, Nativity and Date of Birth Certificate as belonging to a community to which he does not in fact belong, shall be dealt with as per the provisions under Sections 10,11,12 of the Act.
(b) Action under sub-rule (a) above against a person shall be referred to the Court of competent jurisdiction and will be initiated by the District Collector under whose jurisdiction the person obtained the false Community, Nativity and Date of Birth Certificate.
(c) The District Collector shall initiate action under Section 13 of the Act against an officer who issued the false Community, Nativity and Date of Birth Certificate to any person contrary to the provisions of the Act.
### 16. Validity of Community, Nativity and Date of Birth Certificate.
- The Community, Nativity and Date of Birth Certificate, issued by the Competent Authority in accordance with these provisions, shall be a permanent one.
### 17. Procedure for issuing of duplicate Community, Nativity and Date of Birth Certificate.
- When the holder of the Community Certificate loses the Certificate he/she shall immediately report this to the Competent Authority. He/she shall submit an application to the Competent Authority, furnishing the particulars of the original Community Certificate held by him/ her. On receipt of such application, the Competent Authority shall verify his records and issue duplicate Community, Nativity and Date of Birth Certificates within fifteen (15) days of the receipt of the application by him/her. An affidavit on Rs. 10/- stamp paper stating the circumstances in which he/she lost the original certificate must be filed along with the application for the issue of the duplicate certificate.
### 18. Complaints.
- Whenever complaints are received regarding the community claim of any employee/prospective employee/student claiming to belong to a Scheduled Caste/Scheduled Tribe or Backward Class, the appointing authority/employer/educational institution must refer the case only to the District Collector of the District from where the Competent Authority had issued the certificate. The District Collector shall in turn get, it verified by the Scrutiny Committee constituted at the District level as per Rule 8. The District Collector would inform the final action to the appointing authority/ employer/educational institution within a period of 90 (ninety) days, from the date of receipt of the complaint by him/her from the appointing authority/ employer educational institution.
### 19. Provisional admission/appointment.
- If the last date for admission to an educational institution/appointment to an office/post is getting expired, and there is delay in finalising the enquiry and issuing of Community, Nativity and Date of Birth Certificate by the Competent Authority then the Competent Authority may inform the Principal of the Educational Institution/ appointing authority/employer or such other authority, competent in this behalf, to admit/appoint the candidate, on the basis of the declaration given by the candidate/parent/guardian before the Competent Authority, while applying in Form I/II as per Rule 5, for the issuance of the Community, Nativity and Date of Birth Certificate. Such admission or appointment shall only be provisional and valid for three months from the date of the communication by the Competent Authority to the Principal/employer/appointing authority as the case may be, and shall cease to be valid after the issuance of the community, Nativity and Date of Birth Certificate by the Competent Authority, based on the conclusion of the enquiry.
### 20. Repeal.
- All the executive instructions, Government orders, Government Memoranda issued and are in force before the commencement of these Rules, shall stand annulled, without prejudice to the validity of anything previously done under those Government Orders/Memoranda or executive instructions.
### 21. Savings.
- The Community Certificate issued by the Competent Authority prior to the commencement of these Rules should be treated as a valid certificate.
Annexure I
Government hereby notify that the authorities mentioned below in column (2) of the table within their territorial jurisdiction as "Competent Authorities" for issue of Community, Nativity and Date of Birth Certificate declaring the persons as belonging either to Scheduled Caste/Scheduled Tribe as per notification of the Government of India and to Backward Classes in accordance with the notification of the Government of Andhra Pradesh issued from time to time.
| | | |
| --- | --- | --- |
|
Column 1Specified Community
|
Column 2Competent
|
Column 3Jurisdiction
Authorities
|
|
(1) |
(2) |
(3) |
|
1. BC Group:-A/B/C/D.All communities referred by the
Government of Andhra Pradesh belonging to Backward Class, A/B/C/D
Groups.
|
All M.R.Os in the State not below
the rank of a Dy. Tahsildar.
|
Within the territorial
Jurisdiction of a Mandal.
|
|
2. Scheduled Caste:
1.
Adi Andhra2. Adi Dravida3. Arundhatiya4. Dom,
Dombara, Paidi, Pano5. Madiga6. Mala7. Mala Dasari8.
Mala Dasu9. Mala Sale, Netkani10. Manne11. Panchama,
Pariah12. Relli
|
All M.R.Os. in the State not below
the rank of Dy. Tahsildar
|
Within the territorial
Jurisdiction of a Mandal.
|
|
3. Scheduled Caste:
1.
Anamuk2. Aray Mala3. Arwa Mala4. Bavuri[5.
Beda jangam, Budaga Jangam]
[Substituted by Notification No. G.O.Ms. 84, dated 6.5.2008 (w.e.f. 12.5.1997).]
[6. Bindla]
[Substituted by Notification No. G.O.Ms. 84, dated 6.5.2008 (w.e.f. 12.5.1997).]
7. Byagara8.
Chachati9. Chalavadi10. Chamiar, Mochi, Muchi11.
Chambhar12. Chandala[13. Dakkal Dokkalwar]
[Substituted by Notification No. G.O.Ms. 84, dated 6.5.2008 (w.e.f. 12.5.1997).]
14.
Dandasi15. Dhor16. Ellamalawar, Yellammalawandlu17.
Ghasi, Haddi, Relli Chachandi18. Godagali19. Godari[20.
Gosangi]
[Substituted by Notification No. G.O.Ms. 84, dated 6.5.2008 (w.e.f. 12.5.1997).]
21. Holeya22. Holeya Dasari23. Jaggali24.
Jambuvulu25. Kolupulvandlu26. Madasi Kuruva, Madari
Kuruva27. Madiga Dasu, Mashteen28. Mahar29. Mala
Hannai30. Mala Jangam31. Mala Mashti32. Mala
Sanyasi33. Mang34. Mang Garodi[35. Mashti]
[Substituted by Notification No. G.O.Ms. 84, dated 6.5.2008 (w.e.f. 12.5.1997).]
36.
Matangi37. Mehtar38. Mitha Ayyalvar39. Mundala40.
Paky, Moti, thoti41. Pambada, Pambanda42. Pamidi43.
Samagara44. Samban45. Sapru[46. Sindhollu, Chindollu]
[Substituted by Notification No. G.O.Ms. 84, dated 6.5.2008 (w.e.f. 12.5.1997).]
|
[All Tahsildars in the State not below the rank of Deputy Tahsildars]
[Substituted by Notification No. G.O.Ms. 84, dated 6.5.2008 (w.e.f. 12.5.1997).]
.
|
[with in the Territorial Jurisdiction of a Mandal]
[Substituted by Notification No. G.O.Ms. 84, dated 6.5.2008 (w.e.f. 12.5.1997).]
|
|
4. Scheduled Caste Bariki
Scheduled Tribe Community:1.
Andh2. Bagata3. Bhil4. Chenchu, Chanchuwar5.
Gadabas6. Gond, Naikpod, Rajgond7. Jatapus8.
Kattunkayakan9. Kolam, Manner varlu10. Kondhs, Kodi,
Kondhu, Desaya, Dongria Kondhs, Kuttiya Kondhs, Tikiria Kondhs,
Yenity Kondhs.11. Koya, Goud, Rajah, Rasha Koya, Lingadhari
Koya (ordinary) , Kottu Koya, Bhine Koya, Raj Koya.12. Malis
(excluding Adilabad, Hyderabad, Karimnagar, Medak, Khammam,
Mahabubnagar, Nalgonda, Nizamabad and Warangal Districts.)13.
Mukha Dhora, Nooka Dhora14. Pardhan15. Porja,
Parangiperja16. Rona, Rena17. Savaras, Kapu Savaras,
Maliya Savaras, Khutto Savaras.18. Sugalis, Lambadis19.
Kulia20. Yenadis21. Yerukulas
|
District
Collector
All M.R.O.s in the State not below
the rank of Dy. Tahsildar.
|
Within the
territorial jurisdiction of a District.
Within the territorial
jurisdiction of a Mandal.
|
|
5. Scheduled Tribe Community:
1. Konda Kapus2. Kondareddys3. Hill Reddys4. Goudu
(in the Agency Tracts)5. Kammara6. Kotia, Bentho, Oriya,
Bartika, Dhulia, Dulia, Holva, Pakio, Putiya, Sanrona,
Sidhopaiko7. Reddi Dhoras8. Konda Dhoras9. Thoti (in
Adilabad, Hyderabad, Karimnagar, Medak, Khammam, Mahaboobnagar,
Nalgonda, Nizamabad and Warangal Districts.)10. Nayaks (in
the Agency Tracts)11. Valmiki (in the Agency Tracts)12.
Manna Dhora
|
All Revenue Officers not below the
rank of a R.D.O./Sub-Collector or Asst. Collector in the State.
|
Territorial jurisdiction of a
Revenue Division held by RDO/Sub-Collector/Asst. Collector.
|
Annexure-II
Details of Forms:
Form I : Application for issue of Community, Nativity and Date of Birth Certificate for Scheduled Tribes.
Form II : Application for issue of Community, Nativity and Date of Birth Certificate to Scheduled Castes and Backward Classes.
Form III : Form for Community, Nativity and Date of Birth Certificate.
Form IV : Notices to the applicant for verification issued by the Competent Authority.
Form V : Notices to the applicant for verification issued by the District Level Scrutiny Committee (Doubtful claims).
Form VI : Notices to the applicant for verification issued by the District Level Scrutiny Committee (Fraudulent Claims).
Form -I (Rule 5)
Form of Application for issue of Community, Nativity and Date of Birth Certificate relating to Scheduled Tribe under Section 3(1) and 3(2) of the Act 16 of 1993
(Information to be furnished by the applicant himself supported by the documentary evidence)
To
The Mandal Revenue Officer/
Revenue Divisional Officer/
Sub-Collector/Asst. Collector,
----------------Mandal/Division,
------------------District.
Sir,
I am in need of a Scheduled Tribe community certificate for me/for my son/daughter for which the details are given below:
### 1. Name of the applicant in full (in block letters): ###
2. Sex of the applicant:
### 3. (a) Father's name: (b)
Mother's name:
### 4. Present postal Address: ###
5. Place of permanent residence of the certificate seeker/his father/paternal grand father, as on the date of the first notification declaring the community as a Scheduled Tribe, to which the certificate seeker claims to belong.
### 6. Age, date of birth and place of birth (if date is not known approximate year of birth) ###
7. Place of ordinary residence (documents relating to house/land or other immovable property or birth registration certificate or ration card or school records may be furnished)
### 8. If the applicant has been issued a community certificate in the past by any authority, a copy of such certificate should be furnished. ###
9. Community for which certificate is claimed (including sub-tribe or sub-group)
### 10. (a) Community of the father (including sub-tribe or sub-group) (b)
Community of the mother (including sub-tribe or sub-group)
### 11. Whether the applicant is (a) a natural born son or daughter of his/ her parents.
or
(b) adopted son/daughter of his/her parents.
Declaration
I/We declare that the information furnished by me/us in the application is true and correct, and the documents appended thereto are genuine and the contents of the documents are true and correct and that if these are found to be untrue and incorrect. I/We will be liable for prosecution for furnishing false and incorrect information/documents under Section 10 of the Act No. 16 of 1993.
Station:
Date:
Signature of the Applicant.
Signature of the Parent/Guardian.
Acknowledgment Slip
Received an application for issue of Community, Nativity and Date of Birth Certificates relating to Scheduled Tribe in Form 1, from .......... (name of the applicant/parent/guardian) belonging to ......... Village/Town ........ Mandal ........ District on ......... (date) .
Name of the Officer
Date:
Signature of the Officer authorised by the Competent Authority
(Name in capital letters) and designation, (affix seal)
Form II
Form of application for issue of community, nativity and date of birth certificates relating to Scheduled Caste/Backward Class under Section 3(1) of Act 16 of 1993
(Information to be furnished by the applicant himself supported by documentary evidence)
To
The Mandal Revenue Officer/
Revenue Divisional Officer/
Sub-Collector/Assistant Collector/
District Collector,
----------------Mandal/Division,
------------------District.
Sir,
I am in need of a Scheduled Caste/Backward Class Community Certificate for me/for my son/daughter for which the details are given below:
### 1. Name of the applicant in full (in block letters): ###
2. Sex of the applicant:
### 3. (a) Father's name: (b) Mother's name: ###
4. Present postal Address:
### 5. Permanent place to residence: ###
6. Age, date of birth and place of birth (If date is not known, approximate year of birth).
### 7. Place of ordinary residence (documents relating to house/land or other immovable property or birth registration certificate or ration card or school records may be furnished) ###
8. If the applicant has been issued a community certificate in the past by any authority, a copy of such certificate should be furnished:
### 9. Community for which certificate is claimed (including the sub-Caste). ###
10. (a) Caste (including sub-Caste) of the father.
(b) Caste (including sub-Caste) of the mother.
### 11. Religion professed by the applicant. ###
12. (a) Religion professed by the father of the applicant.
(b) Religion professed by the mother of the applicant.
### 13. Whether the applicant is (a) a natural born son/daughter of his/her parents.
Or
(b) adopted son/daughter of his/her parents.
Declaration
I/We declare that the information furnished by me/us in the application is true and correct, and the documents appended thereto are genuine and the contents of the documents are true and correct and that if these are found to be untrue and incorrect. I/We will be liable for prosecution for furnishing false and incorrect information/documents under Section 10 of the Act No. 16 of 1993.
Station:
Dated:
Signature of applicant
Signature of the Parent/Guardian
Acknowledgment Slip
Received an application for issue of Community, Nativity and Date of Birth Certificate relating to Scheduled Caste/Backward Class in Form II from .... (name of the applicant/parent/guardian) belonging to ........ village/town Mandal, ......... District on ........ (date) .
Name of the Office,
Date:
Signature of the Officer authorised by the Competent Authority
(Name in capital letters) and designation (affix seal)
Form III
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Serial No.
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S.C.
|
|
District Code
|
|
S.T.
|
Emblem
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Mandal Code
|
|
B.C.
|
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Village Code
|
|
Certificate No.
|
|
|
Community, Nativity and Date of Birth Certificate
(1) This is to certify that Sri/Smt/Kum.........Son/daughter of Sri ............ of Village/Town ........... Mandal ....... District ......... of the State of Andhra Pradesh [belongs to .... (sub-caste)... (group).... community which is recognised as S.C./S.T./B.C. under:]
[Substituted by G.O.Ms.No. 30 SW (CV.1) dated 3-4-2000.]
The Constitution (Scheduled Castes) Order, 1950
The Constitution (Scheduled Tribes) Order, 1950
G.O.Ms.No. 1793, Education, dated 25-9-1970 as amended from time to time (BCs) S.Cs., S.Ts. list (modification) Order, 1956, S.Cs and S.Ts (Amendment) Act, 1976.
(2) [ It is certified that Sri/Smt/Kum is a native of (place of birth) Village/Town ......... Mandal ........... District of Andhra Pradesh.]
[Substituted by G.O.Ms.No. 67, dated 3-7-1999 for Sl.No. 2 and 3.]
(3) []
[Sl.No. 4 renumbered as 3 by G.O. Ms. No. 67, dated 3-7-1999.]
It is certified that the date of birth of Sri/Smt/Kum ........... is Day ...........Month ........... Year ........ (in words) ..... as per the declaration given by his/her father/mother/guardian as entered in the school records where he/she studied.
Signature:..............................
Date:..............................
Name in Capital Letters:..............................
Designation:..............................
(Seal) Explanatory Note. - While mentioning the community, the Competent Authority must mention the sub-caste (in case of Scheduled Castes) and sub-tribe or sub-group (in case of Scheduled Tribes) as listed out in the S.Cs., and S.Ts. (Amendment) Act, 1976.
Form - IV
Notice to the Applicant
To
Sri/Smt/Kum ....... Village .......... Mandal ............... District, whereas an application has been made by ........... (Name of the certificate seeker) S/o, D/o, W/o ............. (Name of the father/husband) for the issue of the Community, Nativity and Date of Birth Certificate under Section 3(1) /Section 3(2) of the AP (Scheduled Castes, Scheduled Tribes and BCs) Regulation of Issue of Community Certificates Act, 1993. Notice is hereby given that an enquiry will be made about the community claim of the above mentioned applicant by the undersigned at ... (time) on ... (date) of ... (month) 19 .... (year) at ... (place. He/She shall appear without fail at the said place on the said date and said time to substantiate his or her community claim, with oral and documentary evidence, failing which the Competent Authority will confirm or reject the Community claim of the applicant based on the documents/evidence furnished by the applicant in Form I/11 to the Competent Authority and the material/evidence gathered by the Competent Authority in this case. He/She may bring his/her parents to assist him/her in the enquiry.
Place:
Dated:
Signature and designation of Competent Authority.
(Seal) Form - V
To
Sri/Smt/Kum ... Village .... Mandal ... District, Whereas a reference has been received by the Scrutiny Committee from the Competent Authority (specify the authority) regarding doubts about your community claim that you belong to SC/ST/BC Community. The Committee now therefore directs you to attend the enquiry regarding your community claim on ............ (date) at .... (time) at ... (place) without fail. You are required to furnish all the documentary evidence in support of your community claim on the said date failing which the Scrutiny Committee will finalise its recommendations based on the material/documents/evidence made available to the Committee by the Competent Authority. You may bring your parents/guardian to assist you in the enquiry.
Date:
Place:
Chairman of the Scrutiny Committee
(Joint Collector)
(Seal) Form - VI
To
Sri/Smt/Kum ... Village .... Mandal ... District, Whereas a complaint has been received by this Office alleging that you have obtained ST/SC/BC Community, Nativity and Date of Birth Certificate from (specify the authority who issued it) fraudulently, and whereas I have reason to believe that you obtained ST/SC/BC Certificate for yourself/for your son/ daughter fraudulently even though in reality you do not belong to any Scheduled Tribe/SC/BC.
Now, therefore, you are hereby directed to attend enquiry regarding your community claim on ... (date) at ... (time) at ... (place) without fail. You are required to furnish all the documentary evidence in support of your community claim on the said date failing which the Scrutiny Committee will finalise its recommendations based on the material/documents/evidence made available to the committee by the District Collector. You may bring your parents/guardian to assist you in the enquiry.
Date:
Place:
Chairman of the Scrutiny Committee
(Joint Collector)
(Seal)
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65bad4bfab84c7eca86ec925 | acts |
State of Jharkhand - Act
--------------------------
Bihar Agricultural and Rural Area Development Agency Act, 1978
----------------------------------------------------------------
JHARKHAND
India
Bihar Agricultural and Rural Area Development Agency Act, 1978
================================================================
Act 3 of 1979
---------------
* Published on 1 January 1979
* Commenced on 1 January 1979
Bihar Agricultural and Rural Area Development Agency Act, 1978
Bihar Act
3 of 1979
### 1. Short title, extent and commencement.
(1) This Act may be called the Bihar Agricultural and Rural Area Development Agency Act, 1978.
(2) It extends to the whole of the State of Bihar.
(3) It shall come into force on such date and in such areas, as the State Government may, by notification in the Official Gazette, appoint and it may appoint different dates or different areas and for different provisions.
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context,-
(i) "Command areas of Irrigation Project" means the area notified as such by the State Government.
(ii) "Agency" means the Agency notified under section 3.
(iii) "Board" means the Board constituted under section 4.
(iv) "Adhyaksha of Zila Parishad" means the Adhyaksha as defined in Chapter I of the Bihar Panchayat Samitis and Zila Parishads Act, 1961\* (Bihar Act VI of 1962).
(v) "Bank" means-
(a) a banking company as defined in the Banking Regulation Act, 1949;
(b) the State Bank of India constituted under the State Bank of India Act, 1956;
(c) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959; and
(d) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970.
(vi) "Financial Institutions" means financial institution engaged in financing agricultural, animal husbandry, agro-industries and allied activities.
(vii) "Financial Year" means the year commencing on the 1st day of April.
(viii) "Prescribed" means prescribed by rules made under section 31.
(ix) "Rules" means rules made under section 38 by the State Government.
(x) "Regulations" means regulations made by the Board under section 39.
### 3. Constitution of the Agency.
(1) The State Government may at any time after the commencement of this Act constitute an Agency or Agencies for the integrated rural and agricultural development of the command area of any irrigation project and/or such other area as the State Government may, by notification in the Official Gazette, specify :
Provided that the State Government may, by notification in the Official Gazette include at any subsequent stage, any area within the Agency so declared; or exclude any area from any such Agency or transfer any area from one Agency to another.
(2) The name and composition of any such Agency constituted under sub-section (1) shall be specified in the notification.
(3) The Agency shall be a body corporate having perpetual succession and a common seal, with powers, subject to the provision of this Act to acquire, hold, dispose of property and to contract, and it may sue or be sued by its own name and title.
(4) The headquarters of the Agency shall be situated at such place in the area of Agency as the Agency may by notification in the Official Gazette, specify.
### 4. The Board.
(1) For every Agency set up under section 3 of this Act, the State Government shall by notification published in the Official Gazette, constitute a Board consisting of the following:-
(a) Chairman;
(b) Adhyaksha of each Zila Parishad falling within the area of operation of the Agency;
(c) A representative of the Chotanagpur and Santhal Parganas Autonomous Development Authority where the Agency lies in its area of operation;
(d) Two farmers from within the area of operation of the Agency and Four members of Legislature-three from Legislative Assembly and one from Legislative Council;
(e) The Chief Engineer, Irrigation or the Chief Engineer-in-charge of the project;
(f) Not more than three officers of the State Government excluding those officers nominated under other sub-sections of this section;
(g) One representative of the State Water Resources Development Board;
(h) Chairman, \*Bihar State Electricity Board or his nominee or;
(i) One representative of the Co-operative Institutions:
(j) Two representatives of the Commercial Banks and other financial institutions operating in the area:
(k) A representative of the †Rajendra Agricultural University;
(l) The Financial Adviser and Chief Accounts officer of Agency.
(m) Managing Director of the Agency:
Provided that the total number of members of the Board shall not at any time exceed twenty five.
(2) The Chairman and the Managing Director of the Board shall be appointed by the State Government who shall hold the post at the pleasure of the Government and the State Government shall prescribe the terms and conditions.
(3) Members other than ex-officio members of the Board shall hold office at the pleasure of the State Government.
(4) The executive authority of the Agency shall vest in the Board.
(5) The Board shall meet at least once in every three months and the meetings shall be conducted in the manner prescribed by the rules.
\*In view of applicability of this Act to Jharkhand [u/s 84, Bihar Reorganisation Act, 2000] this may be read as "Jharkhand".
†Vide ibid this may be read as "Birsa".
### 5. Executive Committee.
(1) The Board shall constitute an Executive Committee consisting of two representatives each from amongst those specified in clauses (b), (d) and (f) of sub-section (1) of section 4 and one representative each from amongst those specified in clauses (c), (e) and (f) of the same sub-section. The Chairman of the Board shall be the Chairman of the Executive Committee.
(2) In the absence of Chairman, members present shall elect a member from among themselves who shall preside over that meeting of the Board or Executive Committee.
(3) The terms of office of members of the Executive Committee other than ex-officio members shall be the same as that of the members of the Board.
(4) The Executive Committee shall discharge such duties and exercise such powers as may be delegated to it by the Board, and it may sub-delegate all or any powers vested in it to the Managing Director or other officers as it deems fit;
Provided that copies of all orders sub-delegating powers shall be placed before the Board soon after the orders are passed and the Board may approve, disapprove or modify any such order and thereafter such order shall remain in force in its original or modified form or cease to be in force, as the case may be.
### 6. Constitution of Committee.
- The Board or Executive Committee may constitute standing or ad hoc committee consisting wholly of members of such Board or wholly other persons, or partly of members of such Board and partly of other persons, and for any purpose or purposes consistent with the provisions of the Act as it may think fit.
### 7. Chairman and Managing Director.
(1) Powers, functions and duties of Chairman. -
The Chairman shall have following powers, functions and duties:-
(a) to preside over the Board and Executive Committee;
(b) general supervision and control of all works of the Agency;
(c) to keep general control over all the officials of the Agency;
(d) to exercise powers, functions and duties under the provisions of the Act, Rules and Regulations.
(2) The Managing Director shall be full time officer and the Chief Executive officer of the Agency who shall function under the general supervision and control of the Chairman. He shall exercise such power as may be prescribed by the rules or delegated to him by the Board or Executive Committee and he may sub-delegate all or any powers vested in him to such officers, as he deems fit:
Provided that copies of all orders sub-delegating powers shall be placed before the Executive Committee soon after the orders are passed and the Executive Committee may approve, disapprove or modify any such order and thereafter such order shall remain in force in its original or modified form or cease to be in force as the case may be.
### 8. Employment of other Officers and Staff.
- The Board may appoint such officers and staff on such emoluments and on such conditions of service as may be laid down in the regulations.
### 9. Functions of the Agency.
- The functions of the Agency shall be-
(i) the formulation of a plan or programme and schemes for the integrated rural and agricultural development of the territory within its area of operation;
(ii) the implementation of such plan or programme and schemes as may be necessary for the development of the area;
(iii) the promotion and operation of schemes for irrigation, drainage, flood control and water-supply, rural electrification, land leveling and land development and development of agriculture, animal-husbandry, fisheries and forestry within its area of operation:
Provided that in respect of major irrigation projects, the State Government may entrust the maintenance and operation of the head works and main canal to the State Irrigation River Valley Project Department;
(iv) undertaking such other activity from time to time as may be deemed necessary, conducive, incidental or ancillary for the attainment of the aims and objects of this.
### 10. Powers of the Agency.
- The Agency shall have power to-
(a) take measures for promoting the utilisation of available irrigation facilities;
(b) take measure for facilitating or promoting rural electrification schemes;
(c) take measures for land levelling, and land development;
(d) take measure for soil conservation and water management;
(e) organise agricultural extension service and field research experimental stations and farms and farmers service societies, etc;
(f) training farmers, artisans etc.;
(g) take measure, including special measures, for promoting development of small farmers, marginal farmers, agricultural labourers and village artisans;
(h) take measures for facilitating or promoting agro service centers;
(i) take measures for the establishment of markets, constructions of stores and godowns.
(j) acquire and hold such moveable and immoveable properties as it may deem necessary and subject to such limitations as may be prescribed in this behalf, lease sell or otherwise transfer any such property;
(k) advance loans for the purposes of this Act and recover the same with interest thereon as may be fixed by the Board;
(l) levy such rates, charges, fees and dues as are considered necessary to recover the cost of providing various services as may be provided by rules;
(m) borrow money in the open market by issuing bond or debentures or otherwise for carrying out purposes of this Act subject to such conditions as may be prescribed in this behalf;
(n) construct or cause to be constructed such dams, barrages, reservoirs, irrigation and drainage channels and such other structures as may be required;
(o) prevent pollution of any water under its control and take all measures to prevent discharges into such water of effluents which are harmful to water supply, irrigation, public health or fish life;
(p) stock its reservoirs or watercourses with fish or regulate or prohibit taking out fish from water under its control;
(q) undertake resettlement of the population displaced by any dams, reservoirs, bridges, roads or factories constructed by it;
(r) aid in the establishment of co-operative societies including farmers services societies and such other organisations for better utilisation of facilities made available by the Agency;
(s) construct or cause to be constructed roads or other facilities of communication in the area of its operation;
(t) turn, divert, or discontinue public user or permanently close any road or any part thereof, other than National Highway;
(u) set up such agro-industries as may be considered necessary for promoting integrated rural and agricultural development of the area;
(v) promote and take marketing and processing activities;
(w) undertake such other activity as may be deemed necessary conducive, incidental or ancillary for the attainment of the aims and objects of this Act.
### 11. Power to prevent work adversely affecting Plan.
- The Agency may by notice, prevent any person from doing such work as it may consider adversely affect the execution of its plan.
### 12. Provision of the Plan.
- The plan for integrated rural and agricultural development may provide for all or any of the following matters, namely:-
(i) development and utilization of irrigation facilities from various sources including construction of field channels;
(ii) provision of drainage facilities including field drainage channels;
(iii) rural electrification;
(iv) land levelling and land development;
(v) soil conservation and water management;
(vi) preparation of cropping pattern and farm plans;
(vii) establishment of field research and experimental stations including soil testing facilities;
(viii) training of farmers, artisans, etc.;
(ix) measures, including special measures, if any, for promotion and development of small farmers, marginal farmers, agricultural labourers and village artisans;
(x) provision of credit supply for farm activities and farm development;
(xi) construction of village roads and arrangements for transportation;
(xii) promotion of setting up of agro-service centres, farmers service societies or other agencies in supply of material inputs such as fertilisers, pesticides, farm machinery, technical know-how, animal husbandry and veterinary services;
(xiii) establishment of markets, construction of stores and godown and agriculture processing units;
(xiv) promotion or setting up of rural growth centres;
(xv) any other matter not inconsistent with the provisions of this Act considered necessary for promoting full development of the area.
The plan may be prepared at a time or in parts and may be revised from time to time. The Agency may prepare special schemes for construction of irrigation channels, drainage, land levelling and land shaping and development of construction of any other infrastructure.
### 13. Stage and manner of preparation of the Plan.
- The plan shall be prepared in such manner as may be laid down in the regulations:
Provided that the procedure laid down in sections 14 to 20 shall be followed for special schemes affecting the rights and interests of any individual
### 14. Special schemes for construction of irrigation channels, drainage channels and land levelling, land shaping and development and construction of any other infrastructures.
(1) The Agency may get special schemes prepared for construction of irrigation channels, drainage, land levelling, land shaping and development of construction of any basic structures prepared for blocks of land within its area.
(2) The special scheme shall contain-
(a) the objects of the schemes;
(b) the boundaries and approximate area of the land to be included in the schemes;
(c) the persons including the Government who will be affected by the scheme;
(d) the kind of work to be carried out under the scheme and the cost thereof;
(e) the agency or agencies through which the work shall be carried out;
(f) the total amount to be recovered from owners;
(g) the general rate at which the amount is to be recovered from owners;
(h) the period within which the amount is to be recovered;
(i) the works which shall be maintained and repaired individually or jointly and the name of every such person liable to maintain and repair the works;
(j) and such other particulars as may be prescribed.
(3) The draft schemes shall be placed before the Board which may approve it with or without modifications.
### 15. Publication of draft special scheme and hearing of objections.
(1) Copies of draft scheme prepared under section 14 shall be published by an officer authorised by the Agency in the office of the Agency, and in the offices of Gram Panchayats, Panchayat Samitis, Blocks and Sub-divisional Offices within whose jurisdiction the scheme is to be executed and the lands proposed to be covered by it are situated.
(2) A general notice in the prescribed form shall be published in the official gazette and in such newspapers, if any, circulating in the locality as the officer concerned may direct-
(a) intimating that the draft scheme has been prepared, that copies thereof have been kept and may be inspected by the public free of charge at the places aforesaid and the copies may be obtained on payment of the cost thereof, from the office of the concerned officer, and also from any other office specified in the notice; and
(b) requiring any person affected by the draft scheme who wishes to object to it or to any part thereof to submit his objections in writing to the officer concerned or to appear before him or to appear through his agent with his objections within thirty days of the publication of the notice.
(3) A special notice shall be sent to the Panchayat Samiti concerned so that it may submit such suggestions or objections as it may consider necessary within thirty days of the notice.
(4) The general notice shall also be published by beat of drums in the village or villages to which the draft schemes relate.
### 16. Hearing of objections.
- The officer authorised by the Board shall enquire into the objections received or recorded by him and submit them to the Managing Director together with his report thereon, if any, or modification of the draft special scheme.
### 17. Sanction of draft special scheme.
(1) After considering the objection and the report and any further report which the Board may call for, the Board may approve the draft scheme with or without modifications or may reject it and direct that in lieu thereof a fresh draft scheme be prepared and submitted for its approval.
(2) The State Government may, for the purpose of carrying out the objects of the schemes, make regulation requiring any person or persons or the public generally to take certain order or refrain from doing certain acts in respect of any matter supplementary and incidental to the scheme.
### 18. Subsequent changes.
- Notwithstanding anything contained in section 17-
(i) the Managing Director or any other officer authorised by the Board may make such changes in the special plan as are at any stage necessitated by the changes that may occur in the land due to any unforeseen circumstances provided that no such change shall be made to the prejudice of any owner without giving him any opportunity of being heard:
Provided further that such changes shall be placed before the Board at its next meeting for approval.
(ii) The Managing Director, or the officer authorised by the Board, if satisfied that a clerical error exists in the special plan, correct the same, either on his own motion or on the application of an interested person:
Provided that such changes shall be placed before the Board at its next meeting for approval.
### 19. Implementation of the programme.
- The Agency may set up any local offices for the preparation of the plan, a part of the plan special schemes or Individual schemes and for their implementations or get them implemented through a co-operative society or a society registered under the Societies Registration Act, 1860, a Department of Government, the Zila Parishad, Panchayat Samity or Panchayat, a limited company, firm or individual contractor or departmentally by its own staff;
Provided that for the implementation of special schemes the procedure laid down in section 21 shall be followed before entrusting the work to any one other than the interested persons.
### 20. Directions to execute work concerning special schemes.
(1) The Managing Director or any officer authorised by the Board may by notice, require any owner to carry out at his own cost any work which under the special scheme is to be carried out by the owner at his own cost, in the manner and within the period mentioned in the notice.
(2) Where an owner indicates in writing that he is unable to carry out the work within the time aforesaid or if the work is not carried out to the satisfaction of the Agency by the date fixed in that behalf or within such further time as any be allowed, the Agency shall get the work carried out and subject to such conditions as may be prescribed in this behalf, cover the expenses incurred from the owner as arrears of land revenue.
(3) Notwithstanding anything contained in sub-sections (1) and (2) where the State Government is of the view that it will be in the interest of general public to have any work carried out by the Agency departmentally, it may direct the Agency to carry out the work and the cost of such work subject to such provision as may be made in the rules shall be recovered from the owner or from the owners in such proportion as the Agency may fix after taking into consideration the benefits or likely benefits to the land of each owner from that work and other relevant matter.
(4) If the costs are not paid by the owner within the prescribed time such owner shall also be liable to pay such interest therein as may be prescribed.
### 21. Preparation of statements.
(1) The Agency shall, on completion of development work within any specified block or chak or Board, prepare a statement for such work giving the following particulars:-
(i) the name of the beneficiary:
(ii) the work done;
(iii) the cost thereof;
(iv) the total amount to be recovered from the beneficiaries;
(iv) the general rate at which such amount is to be recovered from the beneficiaries;
(vi) the period within which the amount is to be recovered;
(vii) the names of persons or agencies, including Government who shall be responsible for maintaining and repairing the work whether individually or jointly;
(viii) a map showing the work carried out in the village, and
(ix) such other matters as may be prescribed.
(2) When a statement is prepared under this section any rights and liabilities shown therein shall be entered in record to be prepared for the purpose and kept in such manner as may be prescribed in the office of the Agency, and the office of the Panchayat Samiti as a permanent record and shall be open to public inspection and copies whereof shall be provided on payment of prescribed fee.
### 22. Obligation of persons to maintain and repair works.
(1) Every person or agency shown in the statement prepared under section 14 shall maintain or repair any work on his own land or any other land in respect of which he is shown is liable in the said statement to the satisfaction of the Agency.
(2) If any person or agency fails to maintain or repair the work within the time fixed the agency shall get the work maintained or repaired by its own agency or by the panchayat samiti or through any other agency and costs thereof shall be recovered from the persons or agency liable to maintain or repair as public dues under the Public Demands Recovery Act, 1914.
### 23. Penalty.
- Any person who without power or authority damages or obstructs any work under a plan or contravenes any of the provisions of this Act, or any rule or orders made thereunder shall, on conviction, be liable to imprisonment for a term which may extend to one month or to a fine which may extend to five hundred rupees or to both and where the offence is a continuing one to further fine which shall not be less than rupees twenty-five for every day during which the offence continues after the dale of the first conviction.
### 24. Fund of the Agency.
(1) The Agency shall have its own fund and all receipts of the Agency shall be carried thereto and all payments shall be made by the Agency therefrom.
(2) The Agency may accept grants, subventions, donations and gift from the Central or the State Government or a local authority, or any individual or body, whether incorporated or not, for all or any of the purpose of this Act:
Provided always that the Agency shall not divert any grants or subventions received from the Central/State Government or local Authorities for expenditure on purposes other than for which these grants or subventions were made
(3) All money belonging to the fund may be deposited either in a Personal Ledger Account in a Government of Bihar Treasury or in a nationalised or Co-operative Bank or invested in such a manner as may be decided by the Agency.
### 25. Power of Agency to spend.
- The Agency shall have the power to spend such sums as may be necessary for performing the functions and discharging the duties imposed on it under this Act, subject to the budget provision and/or any other directions, issued by the State Government in this behalf.
### 26. Recovery of the amounts due to the Agency.
- The principal amount of loan and interest due from any person to whom the Agency has advanced loan for purposes of this Act and the amount due from any person as his share of contribution for development work in any area under section 14 shall be recoverable as public demand under the Public Demand Recovery Act, 1914 (Bihar and Orissa Act IV of 1914).
### 27. Budget.
- The Agency shall prepare, in such form and as such time each year as may be prescribed, a budget in respect of the ensuing financial year, and copies thereof shall be forwarded to the State Government for their consideration and approval.
### 28. Annual Reports.
- The Agency shall prepare, in such form and at such time each year as may be prescribed, an annual report giving a true and full account of its activities during the previous financial year, and a copy thereof shall be sent to the State Government and the State Government shall cause to be placed copies of such annual reports on the table of each House of the Legislature.
### 29. Accounts and Audits.
(1) The Agency shall cause to be maintained such books of account and other books as may be necessary for maintaining the accounts and in such form and manner as may be prescribed.
(2) The Accounts of Agency shall be audited in such manner, as may, in consultation with the Comptroller and Auditor-General of India or his representative, the Accountant General, Bihar be prescribed.
### 30. Disposal of surplus.
- Any surplus arrived at after providing for interest on capital depreciation on buildings, equipments and other assets, cost of development, cost of administration and other expenses, shall be utilized for the liquidation of loans and such other purposes as may be considered necessary for carrying out the provisions of this Act.
### 31. Filling up vacancies.
- If for any reason, there is a vacancy in the Board or Executive Committee, the State Government shall fill such vacancy by appointing member of that category.
### 32. Action taken not to be illegal if composition of Agency or Executive Committee incomplete.
- No act or proceeding of the Board or their Executive Committee shall be deemed to be invalid merely because of any vacancy in or any defect in the constitution of the Board or the Executive Committee.
### 33. Direction by the State Government.
- For carrying out the purposes of this Act, the State Government may from time to time give to the Agency such general or special directions on matters of policy as it thinks fit and the Agency shall comply with such directions.
### 34. Compulsory Acquisition of land for the Agency.
- Any land required by the Agency shall be acquired for the Agency under the provisions of the land Acquisition Act, 1894 (Act 1 of 1894) as amended in its application to the State.
### 35. Members, Officers and Servants of the Agency to be public servants.
- All members, officers and servants of the Agency whether representing or appointed by the Agency or the State Government shall be deemed, when acting or purporting to act in pursuance of the provisions of this Act to be public servants within the moaning of section 21 of the Indian Penal Code, 1860 (Act XIV of 1860).
### 36. Power of Entry.
- Any officers or servants of the Agency generally or specially authorised may. at all reasonable times enter upon any land or premises and do such things as may be reasonably necessary for the purposes of lawfully carrying out any work of the Agency or for making any survey examination or investigation preliminary or incidental to the exercise of powers or the performance of functions by the Agency under this Act.
### 37. Protection for action taken under this Act.
(1) No suit, prosecution or legal proceeding shall lie against any person in the employment of the Agency for anything which is done or purported to be done in good faith under this Act.
(2) No suit or other legal proceeding shall lie against the Agency for any damage caused or likely to be caused by anything done or purported to be done in good faith under this Act.
### 38. Power to make rule.
(1) The State Government may, by notification in the Official Gazette make rules not inconsistent with this Act for carrying out all or any of the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for the following matters, namely:-
(i) the honoraria and allowances to be paid to the members of the Board or the Executive Committee;
(ii) the manner in which meetings of the Board and the Executive Committee shall be held:
(iii) the forms of the budget, the annual report and the annual financial statement shall be made available to the State Government;
(iv) the procedure and conditions for the grant of loans and recovery of the dues of the Agency
(v) the duties and power of the Managing Director.
(3) Every rule made under the 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 not less than fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
### 39. Power to make regulations.
(1) The Board may, with the previous approval of the State Government make regulations not inconsistent with the provisions of this Act or the rules made thereunder, for carrying out its functions under this Act.
(2) In particular, and without prejudice to the generally of the foregoing power, such regulations may provide for all or any of the following matters, namely:-
(a) procedure for conduct of business at the meetings of the Board and the Executive Committee;
(b) functions, powers and duties of officers and servants of the Agency;
(c) appointments, promotions and conditions of services of officers and servants of the Agency;
(d) manner in which charges, rates, dues, etc. shall be fixed and recovered;
(e) punishments for breach of any regulations;
(f) manner of preparation and publication of plans, programmes, etc.
(3) Such regulations shall be published in the Official Gazette and the regulations shall have effect from the date of such publication.
(4) The provision of sub-section (3) of section 38 shall apply to all such regulations made by the Board.
### 40. Relationship of the agency with Panchayat Institution.
(1) Where a plan or scheme sanctioned under the provisions of this Act covers the jurisdiction of more than one Zila Parishad, the powers exercisable and functions performable by the Panchayat Samiti or Zila Parishad under the \*Bihar Panchayat Samitis and Zila Parishads Act or any other law in respect of execution of such plan of scheme shall be exercised and performed by the Agency notwithstanding anything contained in the \*[Bihar Panchayat Samitis and Zila Parishads Act, 1961 (Bihar Act 6 of 1962) or any other law.
[(2) If the State Government considers it necessary for the purpose of implementation of any plan or scheme sanctioned under the provisions of this Act, to transfer to the Agency any power exercisable by a Panchayat Samiti or Zila Parishad under the provisions of the \*[Bihar Panchayat Samitis and Zila Parishads Act, it may issue a notification providing for such transfer and subject to such control, restrictions, conditions and reservations, and for such period as may be specified thereon:
Provided that no notification transferring any functions exercisable by the Panchayat Samiti or Zila Parishad to the Agency shall be issued without prior consultation with the Zila Parishad in the prescribed manner, but when Panchayati Raj Board has been constituted under section 60 of the \*[Bihar Panchayat Samiti and Zila Parishad Act, 1961, this Board and not the Zila Parishad will be consulted.
\*In view of applicability of this Act to Jharkhand [u/s 84, Bihar Reorganisation Act, 2000] this may be read as "Jharkhand".
### 41. Provisions of this Act to prevail.
- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.
### 42. Winding up.
- When the State Government is satisfied that the purpose for which an Agency was established under this Act have been substantially achieved so as to render the continuance of the Agency unnecessary, the State Government may. by notification in the Official Gazette declare that the Agency shall be dissolved with effect from such date as may be specified in the notification and the Agency shall be deemed to have been dissolved accordingly with effect from the said date and all the properties, funds and dues realisable by the Agency along with its liabilities shall devolve upon the State Government.
### 43. Repeal and Saving.
(1) The Bihar Agricultural and Rural Area Development Agency Second Ordinance, 1978 (Bihar Ordinance no. 101 of 1978) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in exercise of powers conferred by or under this Act as if this Act were in force on the day on which such thing or action was done or taken.
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65ba124eab84c7eca86ea951 | acts |
Bombay Presidency - Act
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The Bombay Money-lenders Rules, 1959
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BOMBAY PRESIDENCY
India
The Bombay Money-lenders Rules, 1959
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Rule THE-BOMBAY-MONEY-LENDERS-RULES-1959 of 1959
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* Published on 30 January 1960
* Commenced on 30 January 1960
The Bombay Money-lenders Rules, 1959
Published vide Notification G.N., I. and C.D., No. MLA. 1259/ 15160-MSC, dated 30th January, 1960 (B.G., Part 4-B, page 150)
In exercise of the powers conferred by section 39 of the Bombay Moneylenders Act, 1946 (Bombay XXXI of 1947), read with section 2 of the Bombay Money-lenders (Unification and Amendment) Act, 1959 (Bombay L of 1959), the Government of Bombay hereby makes the following rules, namely
### 1. Short title and extent.
(1) These rules may be called the Bombay Money-lenders Rules, 1959.
(2) They extend to the whole of the State of Bombay.
### 2. Definitions.
- In these rules, unless there is anything repugnant in the subject or context -
(a) "Act" means the Bombay Money-lenders Act, 1946;
(b) "Form" means a form appended to these rules; and
(c) "Section" means a section of the Act.
### 3. Register of money-lenders.
- The register of money-lenders required to be maintained under section 4 shall be in Form No. 1.
### 4. Display of list of licensed money-lenders.
- Every Assistant Registrar shall display on a notice board in his office a list of money-lenders licensed to carry on the business of money-lending in the area under his Jurisdiction. Such list shall contain the addresses of the money-lenders.
### 5. Application for licence.
(1) A money-lender desiring to carry on the business of money-lending in any area shall make an application in Form No. 2 to the Assistant Registrar concerned. The application shall be delivered at the office of the Assistant Registrar during office hours either personally by the applicant or through an agent authorised in writing in this behalf or sent by registered post addressed to the Assistant Registrar.
(2) An application for the grant of a licence for the first time may be made on any date and an application for renewal of licence may be made on any date within three months prior to the expiry of the licence.
### 6. Change in partnership or management.
- If during the currency of a licence a new partner is taken up or a person is appointed as responsible for the management of the business of money-lending, the money-lender shall, within seven days, communicate to the Registrar the name of the partner so taken up or of the persons so appointed; and shall satisfy the Registrar that the new partner or the person appointed is not himself disqualified from holding a licence on any of the grounds mentioned in section 8.
### 7. Change of address.
- A money-lender shall communicate [\* \* \*]
[Deleted by G.N. of 29.7.1976.]
any change in his address giving full details of the new address within seven days of such change [to the Registrar]
[Inserted by G.N. of 29.7.1976.]
[\* \* \*]
[Deleted by G.N. of 28.7.1977.]
.
### 8. [ Procedure for summary inquiry under section 7.
[Inserted by G.N. of 28.7.1977.]
- On the receipt of an application for the grant or renewal of a licence, the Assistant Registrar shall make a summary inquiry under section 7 by examining the applicant or person responsible for the management of the business of money-lending or such other persons as he may deem fit, by calling for such information from the applicant as he considers necessary and by inspecting or causing to be inspected such accounts and documents as he may deem fit in order to satisfy himself about the bona fides, and conduct of the applicant. If from the examination made or information supplied, the Assistant Registrar is not so satisfied, he may take further steps to satisfy himself. The Assistant Registrar shall maintain a record of such inquiry and shall sign below the same. The record shall contain a brief memorandum of the substance of evidence taken and a summary or the conclusions regarding the facts elicited during the inquiry.]
### 9. Form of licence.
- The licence under section 7 shall be in Form No. 3. [\* \* \*]
[Deleted by G.N. of 29.7.1976.]
### 10. Manner of payment of licence fees.
- [The licence fee as provided by]
[Substituted by G.N. of 29.7.1976.]
under section 6 shall be paid in cash at the time of presenting the application or by remitting it by postal money-order addressed to the Assistant Registrar or by crediting to Government account at a treasury, sub-treasury or the Reserve Bank of India, Bombay, and forwarding the receipt of the postal money-order or the receipted chalan to the Assistant Registrar along with the application.
[\* \* \*]
[Deleted by G.N. of 29.7.1976.]
### 10A. [\* \* \*]
[Deleted by G.N. of 28.7.1977.]
### 11. Levy of inspection fee.
(1) On the receipt of an application for the renewal of a licence, the Assistant Registrar to whom the application has been made shall call upon the applicant to produce his accounts for inspection. He shall then assess the inspection fee payable under section 9-A in respect of inspection of books of accounts and call upon the applicant to pay the inspection fee in the manner prescribed in rule 10. The inspection fee shall be paid within ten days of the receipt of the order in this behalf by the applicant or within such further period not exceeding thirty days in the aggregate of the receipt of the order as the Registrar may grant in that behalf.
(2) The Registrar may suo motu or on an application made in that behalf revise the order of assessment made under sub-rule (1) if he thinks fit.
### 12. Reasons for refusing to grant licence to be communicated to applicant.
- If a Registrar, refuses to grant a licence, he shall communicate to the applicant his reason for so doing.
### 13. Appeal against order of Registrar refusing or cancelling a licence.
(1) An appeal under sub-section (3) of section 8 or 8-A against the order of a Registrar refusing to grant or cancelling a licence shall be instituted within thirty days from the date on which the order of refusal or cancellation is communicated to the money-lender. Such appeal shall be accompanied by a certified copy of the order appealed against and shall contain in brief the grounds of the appeal.
(2) The Registrar General shall decide the appeal after hearing the appellant or his pleader, as the case may be.
### 14. Display of licence.
- Every money-lender shall exhibit his licence in a prominent place on the premises where he carries on the business of money-lending. He shall also exhibit outside his premises a signboard showing (i) the name in which the business of money-lending is carried on and (ii) the number of his licence :
Provided that, the Registrar General or the Registrar of money-lenders may subject to the general or special order of the State Government, exempt any money-lender from the operation of all or any of the provisions of this rule.
### 15. Issue of duplicate licence.
(1) When a licence granted to a moneylender is lost, destroyed or torn or otherwise defaced in such a manner as to render it illegible, the money-lender may make an application to the Registrar for the grant of a duplicate licence.
(2) Where a duplicate licence is required on the ground that the original licence is torn or defaced, the money-lender shall surrender the original licence to the Registrar along with the application made under sub-rule (1).
(3) An application under sub-rule (1) shall be accompanied by a fee of Re. 1. The fee shall be paid in the manner prescribed in rule 10.
(4) On receipt of such application, if the Registrar after making such inquiry as may be deemed necessary is satisfied that a duplicate licence may be issued to the money-lender, he shall issue a duplicate licence and direct the Assistant Registrar to make a note of the issue of such a duplicate licence to the money-lender against his name in the register.
(5) The duplicate licence so issued shall bear on its face the number and date of the original licence and shall also bear the word "Duplicate".
### 15A. [ Publication of notice inviting claims to pledged property.
[Inserted by G.N. of 29.7.1976.]
- Where the property pledged by a debtor to the money-lender is taken in his custody by the Registrar under section 13-B and the debtor or his known heirs cannot be traced, the Registrar shall, within ten days from the date on which the property has come into custody, publish a notice in Form 3-A for three consecutive days in atleast two newspapers one of which shall be in Marathi, in circulation within the jurisdiction of the Registrar inviting to the said property.]
### 16. Forms of cash book, ledger and of statement and receipt under section 18.
- The cash book and ledger to be maintained by a money-lender under sub-section (1) of section 18 shall be either in Form Nos. 4 and 7 respectively or in Form Nos. 5 and 6 respectively. The statement under clause (a) of sub-section (2) of section 18 shall be in Form No. 8. The receipts under sub-sections (3) and (4) of section 18 shall be in Form Nos. 9 and 10 respectively.
### 17. Capital Account.
- Every money-lender shall open a capital account in Form No. 11 for the purposes of section 9-A.
### 18. Annual statement of accounts to be delivered by money-lender to debtor etc., under section 19(1) .
(1) The annual statement of accounts to be delivered by a money-lender to each of his debtors under sub-section (1) of section 19 shall be in Form No. 12.
(2) The statement shall be furnished to each of the debtor within sixty days after the close of the year for which the accounts of the money-lender are ordinarily maintained :
Provided that, the Registrar may, on the application of the moneylender extend such period in the aggregate to not more than ninety days after the close of such year, if the money-lender proves to the satisfaction of the Registrar that he was unable to furnish the statements for some reasonable cause and that not less than two-thirds of the total number of statements will be furnished within the said sixty days.
(3) The fee to be paid by a debtor lo a money-lender for supplying a statement of accounts under sub-section (2) of section 19 shall be fifty Naya Paise.
(4) The expenses to be recovered from a debtor for supplying copies of documents by a money-lender under sub-section (3) of section 19 shall be according to the following scale
For copying 100 words or fraction thereof - Six nP.
For copying 100 words or fraction thereof of tabular statement - Twelve nP.
Cost of paper - Two nP. per sheet, of foolscap size.
### 19. Fees for supply of statements or pass books.
(1) The rate of fees recoverable under sub-section (2) of section 19A shall be -
(a) twelve nP. for each statement or a copy thereof supplied under subsection (2) of section 18 and sub-section (1) of section 19, and
(b) fifty nP. for each pass-book containing not less than eight pages excluding cover pages supplied under sub-section (2) of section 18 and sub-section (1) of section 19.
(2) The amount on account of such fees shall be shown separately in debtor's amount.
### 20. Form of pass-book.
- The pass-book mentioned in sections 18 and 19 shall be either in Form No. 13 or in Form No. 14.
### 21. Notice and information to be given on assignment of loan.
- The notice to be given to an assignee under clause (a) the statement of information to be supplied to an assignee under clause (b) and the notice to be given to the debtor under clause (c), of sub-section (1) of section 27, shall be in the Form Nos. 15, 16 and 17 respectively.
### 22. Form of application under section 30.
- The application to be made by a debtor under sub-section (1) of section 30 shall be in Form No. 18 and shall be accompanied by a court-fee of Re. 1.
### 23. Copies of documents on payments of fees.
(1) Any party to any application, inquiry, or appeal under the Act before the Assistant Registrar, Registrar or Registrar-General or any person who is interested in such application, inquiry or appeal may apply to the Assistant Registrar, Registrar or Registrar-General, as the case may be, for a copy of any document in the record of such application, inquiry or appeal.
(2) The application shall be accompanied by deposit of an amount to cover the cost of preparing copies according to the following scale of copying fees, namely :-
(a) In the case of English copies, 5 nP. for every 25 words or fraction thereof;
(b) In the case of copies in regional languages, 5 nP. for every 33 words or fraction thereof;
(c) In the case of certified copies, an additional 5 nP. for 100 words or fraction thereof for comparing;
(d) In the case of documents in tabular forms, twice the ordinary rate: Provided further that, a surcharge of 55 per cent, shall be levied on all copying, comparing and translation fees and added to the total charges for the preparation of certified copies;
(e) When the description of the document given in the application is incorrect or deficient, and it shall in consequence be necessary for the Record-keeper to search his records in order to find it, a fee at the rate of one rupee for each year, of which the records are searched, shall be payable by the applicant for such search, whether the document be found or not and whether the copy for which he applies, on examination of the said document, be granted or not.
(3) The amount calculated according to the above scale shall be retained by the Assistant Registrar. Registrar or Registrar-General to whom the application for grant of copies is made, as copying fees and the surplus amount, if any, deposited by the person applying for copies shall be refunded to him at the time of supplying the copy; provided that the person applying for copies shall, if the amount deposited by him is not sufficient to cover copying fees, pay the deficit before taking delivery of the copy.
### 24. Forms of summons.
- The summons to be issued for enforcing the attendance of any person under section 13 in connection with an inquiry under section 7 shall be in Form No. 19 or 20 as the case may be.
### 25. [\* \* \*]
[Deleted by G.N. of 29.7 1976.]
### 26. Repeal and saving.
- The Bombay Money-lenders Rules, 1947 and any other rules corresponding thereto made under the Central Provinces and Berar Money-Lenders Act, 1934, the Central Provinces and Berar Protection of Debtors Act, 1937, the Money-lenders Act, 1949 (Fasli) , the Hyderabad Money-lenders Validity of Licences Act, 1956 or the Bombay Money-lenders Act, 1946 as applied to the Kutch area (hereinafter referred to as "the said rules") are hereby repealed :
Provided that, anything done or any action taken under the said rules shall, so far as it is not inconsistent with these rules, be deemed to have been done or taken the corresponding provision of these rules, as if the said provisions was in force when such thing was done or such action was taken, and shall continue in force accordingly, unless and until superseded by anything done or action taken under these rules.
Form No. 1
(rule 3)
Register of Money-lenders
Officer of the Assistant Registrar of ....................... Taluka ....................... District .......................
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Sr.No.
|
[Name, father's or husband's surname or religion
and full residential address of the money-lender]
[In the case of an Undivided Hindu Family, column 2 should show the full name and full residential addresses of the manager and adult coparceners of such family, in the case of company, the column 2 should show the full names and full residential addresses of its directors and manager or principal officers and in case of an unincorporated body of individuals, the full names and full residential addresses of all individuals.]
|
Name, father's name, and full residential address
of the person or persons responsible for the management of the
business, if any
|
Full details of the principal place of business
and of the branches thereof
|
Date and Serial No. of previous licence, if any
|
Date of the issue of the present licence
|
Serial No. of application
|
|
1
|
2
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2A
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
[Cancellation of licence]
[When filling up this column the section of the Act under which cancellation is made should be entered.]
, if any, with date and
particulars
|
Orders of appellate authority, if any
|
Particulars of cancellation or suspension of
licence under Section 14(ii) (a) or disqualification under Section
14(ii) (b)
|
Number of duplicate licences issued with dates
|
Signature of Assistant Registrar
|
Remarks
|
|
7
|
8
|
9
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10
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11
|
12
|
|
|
|
|
|
|
|
[Form No. 2]
[Substituted by G.N. of 29.7.1976]
(rule 5)
Application for the grant of a licence to carry on the business of money-lending
To
The Assistant Registrar of money-lenders :-
| | | |
| --- | --- | --- |
|
1.
|
Full name of the applicant .....
|
|
|
2.
|
Full address of the applicant.......
|
|
|
3.
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Name of the Manager and the adult coparceners of
the undivided Hindu family and address in full.
|
|
|
4.
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Names of the Director, Manager or principal
officers managing the bank or company, with their addresses in
full.
|
|
|
5.
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Names of all person forming unincorporated body,
with their addresses in full.
|
|
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6.
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Name(s) or person(s) in full responsible or
proposed to be responsible for the management of business of
money-lending and their addresses in full.
|
|
|
7.
|
What is the total amount of the capital which
the applicant intends to invest in the business of money-lending
in the year for which the application has been made ?
|
|
|
8.
|
Amount of licence fee paid to Government
(enclose a copy of treasury challan.)
|
|
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9.
|
If the application is for renewal of a licence,
state the amount of maximum capital invested in the business
during the previous year.
|
|
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10.
|
Amount of inspection fee paid to Government
(enclose a copy of treasury challan).
|
|
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11.
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Whether the books of accounts are maintained in
the prescribed forms i.e.. Forms Nos. 4 to 7.
|
|
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12.
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Details of loans advanced during the previous
year.
|
|
|
|
(a) to agriculturists Secured.
|
No.
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Amount.
|
|
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Unsecured -
|
|
|
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(b) to non-agriculturists Secured
|
No.
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Amount.
|
|
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Unsecured -
|
|
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13.
|
Total amount repaid by -
|
|
|
|
(a) agriculturists.
|
|
|
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(b) non-agriculturists.
|
|
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14.
|
Amount of loans outstanding at the close of the
year against -
|
|
|
|
(a) agriculturists.
|
|
|
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(b) non-agriculturists.
|
|
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15.
|
[\* \* \*]
[Deleted by G.N. of 28.7.1977.]
|
|
|
16.
|
What is the year for which the applicant's
accounts are made?
|
|
|
17.
|
Has the application for licence previously been
made? If so, when, where and with what result?
|
|
|
18.
|
In case the application has previously been
granted, give the No. of licence and the name in which the
money-lending business was carried on.
|
|
|
19.
|
Has any licence granted previously to the
applicant been cancelled or suspended or does it contain any
endorsement(s) of the Court? If so, full particulars should be
given including the name of the officer or the Court and the date
and terms of the order.
|
|
|
20.
|
Is the business of money-lending the sole
business of the applicant, or is he engaged in any other
business, profession or calling? If so, state such business,
profession or calling.
|
|
Certified that the best of my knowledge and belief all facts and the information stated above are true and correct.
(Signature of applicant with date)
Form No. 2A [\* \* \*]
[Deleted by G.N. of 28.7.1977.]
Form No. 2B [\* \* \*]
[Deleted by G.N. of 28.7.1977.]
Form No. 3
(rule 9)
Money-lender's Licence .........................................
| | | |
| --- | --- | --- |
|
(1) |
Licence Number
|
............................................
|
|
(2) |
Full name and address of the moneylender.
|
............................................
|
|
(3) |
[Full name(s) of persons responsible for the money-lending
business]
[State also father's name or husband's name.]
|
............................................
|
|
(4) |
[Full name(s) of partners/ coparcener]
[State also father's name or husband's name.]
|
............................................
|
|
(5) |
Name in which money-lending business is carried on
|
............................................
|
|
(6) |
Area for which licence is valid
|
Taluka......... District.............
|
|
(7) |
Full address of the place of business
|
............................................
|
|
(8) |
Period for which licence is valid
|
From..............to..................
|
This licence has been granted subject to the provisions of the Bombay Money-lenders Act, 1946, and the rules made thereunder.
The licence shall surrender the licence when ordered to do so, by the Registrar granting it or by the Registrar-General or by a Court.
(Seal) Register of Money-lenders.
Date :
Back :
Endorsement, if any :
Signature :
Remarks :
[Form No. 3-A]
[This Form was inserted by G.N. of 29.7.1976.]
[rule 15-A]
Notice
| |
| --- |
|
Upon inspection of records and documents of| ShriShrimati
|
............... [of]
[Here mention the name of money-lender.]
.............. [Taluka]
[Here give full address]
................... [District]
[Here give full address]
............... who was carrying on the business of money-lending without a valid licence [at]
[Here mention the first day on which the notice is published in newspapers.]
................the property described in the Schedule hereto was found in the possession of the said [Shri/ Shrimati]
[Here mention the name of money-lender.]
............. The said property was pledged to him as security for the loans advanced by him/ her.
The said property is now in the custody of the undersigned for being returned to the debtor(s) , who had pledged it or, where the debtor(s) is/ are dead, to his/ their heirs.
Notice is, therefore, hereby given that the debtor who had pledged the said property to the said [Shri/ Shrimati]
[Here mention the name of money-lender.]
............... or his/ their heirs should present his/their claim in writing with necessary evidence to the undersigned between 10.30 a.m. and 5.30 p.m. on any working day with 20 days [from]
[Here mention the first day on which the notice is published in newspapers.]
. The claims received thereafter will not be entertained and the property shall stand forfeited to the State Government under subsection (4) of section 13-B of the Bombay Money-lenders Act, 1946.
The said property will be open for inspection by the concerned claimants from ...................... to ..................... during working hours.
Schedule
----------
(Here give description of the property)
(Signature) (......................)
Registrar of Money Lenders, District
(Full address).
Form No. 4
(rule 16)
Cash Book
| | |
| --- | --- |
|
Receipts................
|
Disbursements.................
|
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Date
|
Particulars
|
Ledger folio
|
Amount
|
Date
|
Particulars
|
Ledger folio
|
Amount
|
|
|
|
|
Rs. P.
|
|
|
|
Rs. P.
|
|
1946 ....
|
|
|
|
1946 ….
|
|
|
|
|
|
Brought forward.....
|
6,000.00
|
|
|
|
|
|
|
August 2
|
Interest received from Jagat Ch. Mookerji on the mortgage
bond, dated.... from..... to....
|
25.00
|
|
August 2
|
Lent to B.C. rupees five thousand interest percent., per
annum.
|
5,000.00
|
5,000.00
|
|
By balance C/F
|
|
1,025.00
|
|
|
|
|
6,025.00
|
|
|
|
6.025.00
|
|
August 3
|
To balance B/F....
|
|
1,025.00
|
|
|
|
|
In case of loans in kind the entry shall contain clear reference to the commodity advanced with market-value of same at the date of each transaction.
Date.......
Form No. 5
(rule 16)
Cash Book
Date....................
[Credit]
[Substituted by G.N. of 18.11.1960.]
[Debit]
[Substituted by G.N. of 18.11.1960.]
| | | | |
| --- | --- | --- | --- |
|
Amount
|
Particulars
|
Amount
|
Particulars
|
|
Rs. P.
|
|
Rs. P.
|
|
|
.........
|
Opening balance brought forward
|
.........
|
.........
|
|
.........
|
Closing balance carried over
|
.........
|
.........
|
Note. - The Ledger folio number should be entered in any convenient manner.
[Form No. 6]
[Substituted by G.N. of 8.9.1961.]
(rule 16)
Ledger Folio No. ........................
Name of Debtor ........................................
Full address of Debtor ..........................
| | |
| --- | --- |
|
Credit
|
Debit
|
|
Amount
|
Date
|
Page No. of the corresponding entry in the cash
book
|
Particulars
|
Amount
|
Date
|
Page No. of the corresponding entry in the cash
book
|
Particulars
|
| | |
| --- | --- |
|
Total Receipt
|
Total Payment
|
|
Abstract
|
|
|
Principal
|
Interest
|
|
Debited (during the year) …........................
|
|
Recoveries (during the year …........................
|
|
Net balance due …........................
|
|
Carried over …........................
|
Form No. 7
(See rule 18)
Name and address of the debtor ...............
| | |
| --- | --- |
|
Ledger Account
|
Ledger Folio No.
|
|
Date
|
Principal amount borrowed or debited
|
Amount of fee due in respect of supply of
statement and pass books of debts
|
Amount repaid or credited Interest
|
|
Principal
|
Interest
|
Fees for statements and pass books of debts
|
Total
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
|
|
|
|
|
|
|
|
| | |
| --- | --- |
|
Balance due after each transaction
|
Details of calculation of Interest
|
|
Principal
|
Interest
|
Fee for statements and pass books of debts
|
Principal due
|
Months
|
Amount of interest recovered
|
Remarks
|
|
(8) |
(9) |
(10) |
(11) |
(12) |
(13) |
(14) |
|
|
|
|
|
|
|
|
[Form No. 8]
[Substituted by G.N. of 8.11.1960.]
(rule 16)
Statement showing the details of conditions of the loan
Name of debtor ......................................
Address ...............................................
The number of the Ledger Account or Ledger Folio.
(1) Amount of loan ...................
(2) Date of loan ...................
(3) Date of maturity of loan, if any ..................
(4) Rate of interest per annum ........................
(5) Nature and particulars of security ................. (Weight, estimated value etc),
(6) Particulars of documents, if any .............
(7) Any special conditions on which the loans has been made.
(8) Other connected information .................
Name and address of the money-lender
No. of Licence ................
Date ...............
Signature of the money-lender.
N.B. - A separate statement shall be furnished in respect of each loan transaction. In case of loans in kind there shall be reference to the commodity advanced along with market value of the same at the date of each transaction.
Form No. 9
(rule 16)
Receipt
Serial No. ................ Date ...............
Money-lender's name and address ............................................
Licence No. ........................................
Received Rs. ................. from Shri (debtor's name) in
respect of loan of Rs. ............... advanced on and the amount has been credited as follows
Towards Principal ......... Rs. ................ P. ...............
Towards Interest from ... Rs. ................ P. ...............
(date) to.............
Signature of the Money-lender.
Form No. 10
(rule 16)
| | | | |
| --- | --- | --- | --- |
|
|
Counterfoil
|
|
Receipt to be given to the debtor
|
|
(1) |
Full name of the debtor and his full address.
|
(1) |
Full name of the debtor and his full address.
|
|
(2) |
Caste (if he/she belongs to backward class).
|
(2) |
Caste (if he/she belongs to backward class).
|
|
(3) |
Full particulars of the security.
|
(3) |
Full particulars of the security.
|
|
(4) |
Estimated value.
|
(4) |
Estimated value.
|
|
(5) |
Total amount of loans advanced.
|
(5) |
Total amount of loans advanced.
|
|
(6) |
Other connected information.
|
(6) |
Other connected information.
|
|
|
Signature of the debtor.
|
|
Signature of the Money-lender or the person responsible for
the Money-lending business.
|
N.B. - In case of valuable articles weight of the article, etc. should be given against item No. 3 above.
Form No. 11
(rule 17)
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Date
|
Total amount of repayments of loans
|
Page No. of the cash book
|
Total amount of loans advanced
|
Page No. of the cash book
|
Net total amount remained in vested in the
money-lending business
|
|
|
Rs.
|
|
Rs.
|
|
Rs.
|
|
1st August, 1959
|
....
|
....
|
\*50,000
|
....
|
50,000
|
|
2nd August, 1959
|
5,000
|
1
|
6,000
|
1
|
51,000
|
|
3rd August, 1959
|
8,000
|
2
|
2,000
|
2
|
45,000
|
|
and so on....
|
|
|
|
|
|
\* Amount remained invested at the end of the last year.
[Form No. 12]
[Substituted by G. N. of 18.11.1960.]
[(rule 18(1) ]
Annual Statement of Accounts to be delivered by the money-lender to his debtors within sixty days after the close of the year
| | | |
| --- | --- | --- |
|
(1) |
Name of the debtor
|
...........
|
|
(2) |
Occupation
|
...........
|
|
(3) |
Address
|
...........
|
|
(4) |
Whether the debtor belongs to Backward Class
|
Yes/No
|
|
(5) |
No. of Ledger Account or Ledger Folio
|
...........
|
|
(6) |
The amount of principal, the amount of interest and the amount
of fees referred to in section 19-A, separately due to the
moneylender at the beginning of the year.
|
|
|
(7) |
The total amount of loans advanced during the year.
|
|
|
(8) |
The total amount of repayments received during the year.
|
PrincipalRs.
|
InterestRs.
|
|
(9) |
The amounts of principal and interest due at the end of the
year.
|
PrincipalRs.
|
AmountRs.
|
Name and address of the money-lender .............
No. of Licence ..................
Date .............
Signature of the Money-lender.
Form No. 13
(rule 20)
Pass-Book
Cover page
| | |
| --- | --- |
|
Name of the Money-lender
|
: ...............................
|
|
His address
|
: ..............................
|
|
Licensed money-lender under the Bombay Money-lenders Act, 1946
|
|
|
Name of the debtor
|
: ..............................
|
|
His address
|
: ..............................
|
|
Occupation
|
: Agriculture/Industrial/Commercial/ Miscellaneous
|
|
Whether he/ she belongs to Backward Class
|
Yes/No
|
Explanation. -
(i) Agricultural loan means loan given for production of crops for cultivation and for other allied purposes in connection with agriculture.
(ii) Industrial loan means loan given for manufacturing purposes.
(iii) Commercial loan means loan given for trade i.e., buying and selling goods or other property movable or immovable.
(iv) Personal loan means loan given for paying off old debts, marriage ceremonies, religious ceremonies, personal needs, etc.
(v) Miscellaneous loan includes loan for purposes not covered by (i) to (iv) above.
Contents of the Pass-Book
| | |
| --- | --- |
|
Name of the money-lender ..................
|
Name of the debtor...................
|
|
His address : ..............
|
His address : .......................
|
|
|
Occupation : .....................
|
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Sr. No.
|
Date, month and year
|
Amount of loan advanced
|
Nature of security particulars of documents and
special conditions, if any
|
Rate of interest
|
Date of maturity
|
Total amount repaid by the debtor
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
|
|
|
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Amount repaid by the debtor how credited
|
Balance to be recovered from the debtor
|
Signature of the Money-lender
|
Remarks
|
|
Principal
|
Interest
|
Principal
|
Interest
|
|
(8) |
(9) |
(10) |
(11) |
(12) |
(13) |
|
|
|
|
|
|
|
Form No. 14
(rule 20)
Pass-Book
Cover page
(1) Name of the licensed Money-lender :
(2) His address :
(3) Name of the Debtor :
(4) His address :
(5) Occupation of the Debtor :
(6) Whether he belongs to Backward Class : Yes/No.
| |
| --- |
|
(Contents of the Pass-Book)
|
|
Credit
|
Debit
|
|
Amount
|
Date
|
Particulars
|
Signature of Money-lender
|
Amount
|
Date
|
Particulars
|
Signature of Money-lender
|
|
|
|
|
|
Annual Abstract
|
|
|
|
Total receipt
|
Total payment, Principal and interest
|
Signature of the Money-lender.
Form No. 15
(rule 21)
Please take notice under clause (a) of sub-section (1) of section 27 of the Bombay Money-lenders Act, 1946, that pursuant to the agreement
| |
| --- |
|
made by me with you to assign| the loanthe balance of loaninterest on the loanbalance of interest on the loan| advanced to Shri............ together with| accrued interestbalance of interest| and benefits of the agreement under which the aforesaid loan
|
| |
| --- |
|
was given to the debtor as well as security in respect of| loaninterest on loan| you will be subject, with effect from ....................... to the provisions of the Bombay Money-lenders Act, 1946.
|
Signature of the Money-lender.
Prior assignee of the Money-lender.
Date
Form No. 16
(rule 21)
Statement of information to be supplied to the assignee under clause (b) of sub-section (1) of section 27 of the Bombay Moneylenders Act, 1946
Name of the Money-lender including subsequent assignees, if any, and his/their/address/ addresses.
Name of debtor ...........
Address ..........
### 1. Date of loan...... ###
2. Amount of loan......
### 3. Rate of interest per annum ............ ###
4. Amount of fees due in respect of supply of debts.
### 5. Total repayments made by the debtor up-to-date - (a) Principal ....
(b) Interest ......
(bb) Fees for supply of statement of debts ........
(c) Total....
### 6. Amount outstanding on - (a) Principal .....
(b) Interest ......
(bb) Fees for supply of statements of debts .......
(c) Total....
### 7. Nature and value of the security ###
8. Particulars of documents including previous assignments, if any.
### 9. Any special condition attaching to the loan. ###
10. List of documents of which copies are attached.
### 11. Other information, if any. Signature of Assignor/Money-lender.
Address
Date
Form No. 17
(rule 21)
To
..............................
Debtor.
Please take notice under clause (c) of sub-section (1) of section 27 of the Bombay Money-lenders Act, 1946, that I propose to make an assignment of
| |
| --- |
|
the loanbalance of loaninterest on loanbalance of interest on the loan| advanced to you on............ together with| accrued interestbalance of interest| and benefits of the agreement under which the aforesaid loan
|
| |
| --- |
|
as well as security taken in respect of the| loaninterest on the loan
|
to ..........................................
(Name of the assignee)
....................................................................................................
(Address of the assignee) (dated) .................. with effect from .................. and that from the date of such assignment, the assignee above-named shall exercise all rights and shall have all the liabilities under the provisions of the Bombay Money-lenders Act, 1946.
Signature of Money-lender.
Address.
Signature of prior assignee of the Money-lender.
Address.
Form No. 18
(rule 22)
Application to a Court under sub-section (1) of section 30 for taking accounts
In the Court of ................................
Misc. Case No. ............. of 20 ...
The undermentioned debtor applies for taking accounts of the loan described below and for declaring the amount due to the money-lender.
Particulars of loan
### 1. Document, if any, with particulars ###
2. Amount
### 3. Description of the Money-lender - (a) Name
(b) Father's name
(c) Address
### 4. Description of the debtor - (a) Name
(b) Father's/Husband's name
(c) Address
Date
Signature.
Form No. 19
(rule 24)
Summons to Money-lender
Name of Office
No.
To
Whereas your application for grant of a licence under the Bombay Money-lenders Act, 1946, has been received by me, you are hereby summoned in accordance with section 13 of the said Act, to appear before me at the above address in person on the ............ day of...... 20...., at ... O' clock in the noon, for your being examined in connection with the said application; and you are directed to produce on that day all the documents upon which you intend to rely in support of your application.
Take notice that, in default of your appearance on the day before mentioned, your application for grant of a licence under the said Act shall not be considered.
Given under my hand and seal this ............ day of ...... 20
Seal
Designation of the Officer.
Form No. 20
(rule 24)
Summons to Witness
No.
Name of the Office.
To
Whereas it is necessary to examine you in connection with the application made by Shri .............. for grant of a licence under the Bombay Money-lenders Act, 1946, you are hereby summoned in accordance with section 13 of the said Act, to appear before me at the above address in person on the day of 19 at o'clock in the noon; and you are directed to produce any documents you may have in your possession in support of the information that will be supplied by you.
Take notice that if you fail to comply with this order without lawful excuse, you will be liable to a fine which may extend to five hundred rupees. Given under my hand seal this ........... day of 20
Seal
Designation of the Officer.
|
65b985e8ab84c7eca86e94bb | acts |
State of Punjab - Act
-----------------------
Punjab Prisoners (Attendance In Courts) Rules, 1969
-----------------------------------------------------
PUNJAB
India
Punjab Prisoners (Attendance In Courts) Rules, 1969
=====================================================
Rule PUNJAB-PRISONERS-ATTENDANCE-IN-COURTS-RULES-1969 of 1969
---------------------------------------------------------------
* Published on 18 January 1969
* Commenced on 18 January 1969
Punjab Prisoners (Attendance In Courts) Rules, 1969
Published vide Punjab Government Notification No GSR 7/CA32/55/Section 9/69 dated 18-1-1969.
No. G.S.R. 7/CA 32/55/Section 9/69. - In exercise of the powers conferred by section 9 of the Prisoners (Attendance in Courts) Act, 1955 (Act No. 32 of 1955), the President of India is pleased to make the following rules :-
### 1. Short title and commencement.
- These rules may be called the Punjab Prisoners (Attendance in Courts) Rules, 1969 and shall come into force with immediate effect.
### 2. Definitions.
- In these rules, unless the context otherwise requires, -
(a) "Act" means the Prisoners (Attendance in Courts) Act, 1955;
(b) "Section" means the section of the Act;
(c) "State Government" means the Government of the State of Punjab;
(d) "Superintendent of prison" means the officer incharge of prison; and
(e) All other words and expressions used in these rules and not defined herein shall have the same meaning as are respectively assigned to them in the Act or in the Prisoners Act, 1900 (3 of 1900), as the case may be.
### 3. Procedure for obtaining counter-signatures.
[Sections 3 and 9 (2) (a)]. - Every order submitted to the District Magistrate or the District Judge for counter-signature under sub-section (3) of section 3 of the Act shall be accompanied by a statement under the hand of the Presiding Officer of the subordinate court of the facts which in his opinion render the order necessary and the District Magistrate or the District Judge, as the case may be, after considering such statement, countersign the order or decline to counter-sign it.
### 4. How a declaration that person confined in prison is unfit to be removed is to be made.
[Sections 6 and 9(2) (b)]. - When the person named in any order made under section 3 appears to be unfit to be removed for reasons given in section 6, the Superintendent of the Prison in which he is confined shall apply to the District Magistrate, within the local limits of whose jurisdiction the prison is situated, and if such Magistrate by writing under his hand, declares himself to be of opinion that the person named in the order is unfit to be removed for reasons mentioned in section 5, the Superintendent of the Prison shall abstain from carrying out the order and shall send to the court from which the order had been issued a statement of reasons for so abstaining.
### 5. How a process is to be served on a prisoner
[Section 9(2) (d)]. - When any process directed to any person confined in any prison is issued from any criminal or civil court, it may be served by exhibiting to the Superintendent of Prison the original of the process and depositing with him a copy thereof.
### 6. Process served to be transmitted at prisoners' request.
[Section 9(2) (d)]. - (1) Every Superintendent of Prison upon whom service is made under rule 5 shall be as soon as may be, cause a copy of the process deposited with him to be shown and explained to the person to whom it is directed and shall thereupon make an endorsement on the process and sign a certificate to the effect that such person as aforesaid is confined in the prison under the charge and that he has been shown and explained the contents of the process.
(2) Such certificates as aforesaid shall be prima facie evidence of the service of the process, and if the person to whom the process is directed, requests that the copy shown and explained to him be sent to any other person, the Superintendent of Prison shall cause it to be so sent.
### 7. Procedure for regulating the escort of prisoners to and from courts in which their attendance is required and for their custody during the period of such attendance.
[Sections 5 and 9(2) (e)]. - The duty of the escorting prisoners to and from the court in which their attendance is required shall be performed by the police.
### 8. Strength of escort
[Section 9 (2) (e)]. - The strength of the escort shall be as follows on ordinary occasions:-
| | | | | |
| --- | --- | --- | --- | --- |
|
Number of prisoners
|
...
|
A.S.
|
Strength the Head Constables
|
Constables
|
|
1 to 3 Prisoners
|
...
|
...
|
...
|
2
|
|
4 to 6 Prisoners
|
...
|
...
|
...
|
3
|
|
7 to 10 Prisoners
|
...
|
...
|
1
|
4
|
|
11 to 15 Prisoners
|
...
|
...
|
2
|
5
|
|
16 to 20 Prisoners
|
...
|
...
|
2
|
8
|
|
21 to 25 Prisoners
|
...
|
...
|
2
|
10
|
|
26 to 30 Prisoners
|
...
|
...
|
2
|
12
|
|
31 to 50 Prisoners
|
...
|
1
|
2
|
16
|
Provided that when undertrial prisoners are excused from wearing handcuffs, the strength of their escort shall be two constables for each undertrial prisoner with head constables as in the scale above except for journeys made in police vans when the usual strength of escort may suffice:
Provided further that where an escort is required of a notorious criminal suspected of attempting to escape or commit violence or suicide a special guard (as may be prescribed) shall be supplied.
### 9. Escort of prisoners during road journey
[Section 9(2) (e)]. - In escorting prisoners by road the escort commander shall,
(1) keep all prisoners under his charge together in the compact body;
(2) place all police under his charge in order at a distance of at least five paces from the prisoners on each flank and place himself and half the force in the rear;
(3) never travel at night unless absolutely necessary and previously authorised;
(4) regulate marches so as, if possible, to locate prisoners at night in a lock-up or in the interior of a police station or other place of security; and
(5) when the Court is situated at some other station, arrangements shall be made by the officer-in-charge of Police Escort for carrying luggage of the prisoners by a suitable conveyance.
### 10. Handcuffing of prisoners.
[Section 9(2) (a)] - The handcuffing and fettering of convicted prisoners and undertrial prisoners while travelling by rail or road shall be regulated as below :-
A - Convicted prisoners - (a) "Handcuffs" - Handcuffs shall be imposed on convicted prisoners when travelling by rail or road as below:-
(1) Male prisoners in the superior class, who have been sentenced to more than two years rigorous imprisonment, shall be handcuffed;
(2) Other prisoners in the superior class shall not be handcuffed unless the Superintendent of Police for special reasons to be recorded in writing, orders otherwise;
(3) Male prisoners in the ordinary class shall ordinarily be handcuffed;
(4) Female prisoners shall not be handcuffed unless it is essential to prevent escape, violence or suicide. Where handcuffs are imposed on such prisoners reasons thereof shall be recorded in writing by the senior police officer at headquarters:
Provided that any general or special order issued by the State Government from time to time in regard to the handcuffing of any particular prisoner, or class of prisoners shall be followed:
Provided further that it shall be in the discretion of the officer in-charge of the Police Escort to exempt sick or otherwise infirm prisoners from being handcuffed.
(b) Fetters. - (1) Convicts in the superior class who have been sentenced to not more than two years rigorous imprisonment shall, when travelling by rail or road, not wear fetters unless the Superintendent of Police for special reasons to be recorded in writing, requires, their imposition. Such prisoners may be allowed to wear their own clothes in transit if they so desire.
(2) When travelling by rail or road, other convicts when convicted of any of the offences specified below, shall wear fetters:-
Offences punishable under sections 224, 225-B, 302, 303, 304, 307, 308, 392 to 402, Indian Penal Code.
(3) Female prisoners shall not wear fetters;
(4) The Superintendent of Prison in applying for the police escort shall enter in the requisition from the name, offence, sentence and classification of any convict whom he does not propose to fetter and who has been allowed to wear private clothes.
B - Undertrial Prisoners. - (1) In the case of undertrial prisoners requisitioned by the police for attendance in court or before a magistrate or under the authority of a competent magistrate for any other purpose, the responsibility for deciding as to which undertrial prisoners are to be handcuffed or fettered or both, and for seeing that the decision is carried out shall rest with police authorities:
Provided that undertrial prisoners charged with offences specified below shall not be handcuffed when in transit by rail or road from or to courts unless there is reasonable ground for apprehending escape, violence or suicide and where possible, the orders of the Superintendent of Police or of any other senior police officer at the headquarters have been taken with the reasons for imposing handcuffs:
Provided further that any general or special order issued by the State Government from time to time in regard to the handcuffing of any particular prisoner or class of prisoners shall be followed.
Indian Penal Code - Chapters VA, VI and VIII Sections 153-A to 160, Chapter IX except sections 170 and 171, Chapters IX-A and X, Chapter XI except sections 1, 26-A, 224, 225-B and 226, Chapters XIII, XIV, XV sections 312 to 316, 323, 334 to 338, 341 to 352, 355 to 358, sections 384 to 389, 403; 404, 421 to 434, 447 and 448 Chapters XVIII, XIX, XX, XXI and XXII, all non-cognizable offences.
Code of Criminal Procedure - Persons against whom proceedings under section 108 are in progress.
Other Act - All non-cognizable offences.
(2) All undertrial prisoners handcuffed shall, as far as possible, be kept separate from those not handcuffed when escorted to and from jail.
(3) In court, handcuffs of undertrials shall invariably be taken off unless the presiding officer directs otherwise.
(4) In the case of undertrial prisoners charged with murder, fetters shall not be imposed when in transit to courts at the headquarters of the district, unless the prisoner concerned is also charged with some other crime of violence, or is known to be a dangerous or hardened criminal.
(5) Fetters shall not be imposed on undertrial prisoners in transit, except in the case of those charged with murder or dacoity and unless, there are special reasons for doing so, to be recorded in writing by the senior police officer at headquarters.
(6) Female undertrial prisoners shall not be handcuffed unless it is essential to prevent escape, violence; or suicide. Where handcuffs are imposed reasons therefor shall be recorded in writing by the senior police officer at headquarters.
### 11. Intimation by Superintendent of Prison to Police for carrying prisoner to court.
- [Section 9(2) (e)]. - (1) A notice of intended production of prisoner before a court shall be given in writing by the Superintendent of Prison to the police authorities one day in advance (excluding Sundays and holidays), if required for duty within the district, and of four days in advance if required to proceed beyond the district. The requisition shall be in writing, however, telephonic message may be sent as advance intimation of the written requisition.
(2) The requisition for the police guard shall state the number and the class of prisoners to be escorted, whether male or female and whether there are any violent and dangerous characters amongst them or not.
Note. - Dacoits and prisoners sentenced to transportation for life or long term imprisonment shall be classified as "Dangerous prisoners" for the purpose of sub-rule (2) .
### 12. Duty of Police to provide escort of prisoners.
- [(Section 9(2) (c)(f) and (g)]. - (1) The escort of prisoners under the Act shall be undertaken by the police, whenever an order for the production of prisoner to give evidence or to answer a charge, under the Act, is received from a competent court by the Superintendent of Prisons. Such Officer shall (unless such order may be and is disobeyed under the authority of provisions of section 6 of the Act) send a copy of court's order to the Superintendent of Police in whose jurisdiction such a prison is situated, who thereupon shall cause the necessary police guard to be detailed in accordance with the terms of the order and prisoner shall be made over to the custody of this guard. Such Superintendent of Police shall be responsible for providing the escort hereinafter described and, for safe custody of the prisoner named in such order until he is re- delivered to a prison. Whenever a prisoner is produced before a court, situated outside the district in which he is confined the officer in-charge of the prisoner shall report the fact of such production to the District Magistrate and the Superintendent of Police of the district, from which the prisoner is so produced.
(2) When undertrial prisoners are excused from wearing handcuffs, the strength of escort shall be two Constables for each undertrial prisoner with Head Constable as in the scale laid down in rule 8 except for journeys made in police vans when the usual strength of escort may be provided where an escort is required in case of dangerous prisoners, a special guard shall be supplied.
Note. - Dangerous Prisoners will mean as defined in the note to rule 11.
### 13. Police to be responsible for safe custody of prisoners.
- [Section 9 (2) (e)f) and (g)]. - From the time of delivery of the prisoners, the responsibility for their safe custody shall rest with the Officer-in-charge of the police escort until their return to the prison and endorsement by the Superintendent of Prisons of a certificate on the list to the effect that the prisoners have returned in security to the prison or have not returned owing to good and sufficient cause. The Officer-in-charge of the police escort shall make such additions and alterations as may be necessary in the list before the prisoners are returned to prison.
### 14. Handcuffs not to be removed.
- [Section 9(2) (e)(f) and (g)]. - Prisoners whom it is necessary to be handcuffed shall be handcuffed before leaving the prison. The handcuffs shall not be removed except when the prisoners are before the court or confined in a place of security.
### 15. Custody of prisoners during night.
- [Section 9 (2) (e) (f) and (g)]. - Convicted prisoners and undertrial prisoners in the Court of a Magistrate in camp shall be kept at night in the lock-up of a police station if there is any such station within five miles. When they are kept at night elsewhere other than in a lock-up they shall be fastened to each other by chains which should be procured by the Officer-in-charge of the police escort for the prison, before departure. The officer-in-charge of the police escort for the prisoners shall be responsible subject to the orders of the magistrate for their protection from the weather and for their transport and food.
### 16. Route of Journey.
- [Section (2) (e) (f) and (g)]. - Prisoners shall be escorted to the courts and back again to the prison by the nearest route, but as far as possible, bazars and crowded thoroughfares shall be avoided.
### 17. Separate guard for female prisoners.
- [Section 9 (2) (e) (f) and (g)]. - When female prisoners are produced in courts they shall not be sent along with the ordinary Hawalat guard; separate guard shall be provided.
### 18. Conveyance of prisoners by vehicles.
- [Section 9(2) (e)(f) and (g)]. - (1) Where prisoners are situated at a distance from courts, prisoners will ordinarily be conveyed to and from courts in Government vehicles, if Government vehicles be not available, by any other mode of conveyance plying for the purpose.
(2) When a prisoner is sick, suitable means of conveyance shall be provided on a certificate under the hand of the Medical Officer of the Prison from which he is removed.
(3) Any prisoner who wants to travel in a separate conveyance and is willing to pay for himself as well as for his escort, may be permitted by the Officer-in-charge of the escort to do so provided suitable arrangements can conveniently be made.
### 19. Prisoners to be returned after disposal of cases.
- [Section 9(2) (e)(f) and (g)]. - All prisoners whose cases have been disposed of and who have to be sent back to the prison, shall, as far as may be possible, be sent there without being kept waiting for others.
### 20. "Additional Guard"
- The Officer-in-charge of the police escort shall apply to the Reserve Inspector for an additional guard, if the guard in attendance is not sufficient.
### 21. Diet of prisoners during escort.
[(Section 9(2) (e)(f) and (g)]. - The Inspector-General of Prisons shall, from time to time, fix the scale of diet for prisoners removed under these rules, and the officer-in-charge of the escort shall provide prisoners with diet in accordance with such scale. Where the court in which evidence is to be given is situated at the station where the Prison from which the prisoner is removed is situated, the Superintendent of Prisons shall supply the prisoners food ready cooked. When the aforesaid court is situated at a distance, the estimated cost of the prisoners, ration shall be paid to the officer-in-charge of the police escort, by the Superintendent of Prisons. But it shall be in the competency of any court in criminal cases to decline to summon any prisoner if the court is satisfied that his evidence is not necessary in the interest of public justice and if the complainant and or defendant applying for the said prisoner's examination before the court fails to deposit the estimated cost of conveying the prisoner to and from the court. These costs shall be calculated on the scale hereinafter laid down in the cases of civil suits. If on examination of the said prisoner the court is of the opinion that his evidence was not required in the interest of the public justice, the deposited costs shall together with a certificate to the effect under the hand and seal of the court be forwarded to the Superintendent of Police of the district in which the court is held, and the money shall be credited according to the instruction to be issued by the Inspector-General of Police with the sanction of the State Government.
Note. - The Officer-in-charge of the police escort will submit payment vouchers in support of the dietary charges incurred by him and a certificate of actual disbursement of the charges will be recorded by him on the payment vouchers.
Explanation. - The expression "Public Justice" occurring in rule 21 above means "dictates of justice required in a particular case".
### 22. Deposits of costs.
- In civil suits the courts shall require any party to the suit, who may apply for the summoning of any prisoner under the Act to deposit, prior to the issue of the summons, an amount sufficient to defray the estimated cost of conveyance, diet and escort of the prisoner whose testimony is required:
Provided that no cost shall be demanded from pauper judgment-debtors in prison who have applied to be declared insolvent under Section 6 of the Provincial Insolvency Act, 1920, and whose attendance is required by a civil court at its own instance for examination under section 14 of that Act, or when the court is satisfied that the parties to the suit are absolutely unable to pay. Such cost shall be calculated as follows :-
(a) Conveyance by rail or road: Actual charges as in rule 21.
(b) Diet: 75 Paise per day when escorting in the plains and Re. 1/- when escorting in the hills tracts.
Police Escort
Travelling and Daily Allowance according to rules contained in Punjab Civil Services Rules Volume III
(T.A. Rules).
Pay of Escort
Inspector at Rs. 12 per day
Sub-Inspector at Rs. 8/- per day.
Assistant Sub-Inspector at Rs. 6/- per day.
Head Constable at Rs. 5/- per day.
Constable at Rs. 3/- per day.
The Superintendent of Police and Jail Department will maintain a register to watch the realization of the cost of escort, dietary charges and conveyance charges, etc., from the courts concerned.
The money thus deposited shall be paid over by the court to the Superintendent of Police as provided for in rule 21.
### 23. General.
- The above shall, mutatis mutandis, be applicable in the cases of those prisoners also who are sent for to answer charges made against them, as well as in the cases of prisoners who are sent for to give evidence in criminal trials.
### 24. Repeal and saving.
- The Punjab Prisoners (Attendance in Court) Rules, 1963, are hereby repealed:
Provided that anything done or any action taken under the rules hereby repealed shall be deemed to have been done or taken under the corresponding provisions of the rules.
|
65ba63d1ab84c7eca86eb1f1 | acts |
State of Tamilnadu- Act
-------------------------
Rules for the Todapatta Lands of the Nilgiris
-----------------------------------------------
TAMILNADU
India
Rules for the Todapatta Lands of the Nilgiris
===============================================
Rule RULES-FOR-THE-TODAPATTA-LANDS-OF-THE-NILGIRIS of 1893
------------------------------------------------------------
* Published on 21 March 1893
* Commenced on 21 March 1893
Rules for the Todapatta Lands of the Nilgiris
Published vide Notification No. Control Over Forests and Lands not at the Disposal of Government or in Which Government have a Limited Interest
G.O. No. 249, Revenue, dated 21st March 1893; Notification No. 170, pages 399-402-Part I of the Fort St. George Gazette, dated 11th April 1893; G.O. No. 1097, Revenue, dated 2nd November 1906; Notification No. 497 page 1145, Part I of the Fort St. George Gazette, dated 6th November 1906, page 1145, Part I of the Fort St. George Gazette, dated 6th November 1906; G.O. Ms. No. 43, Development, dated 11th January 1927; Notification No 415, dated 14th December 1926, on page 2515 of Part I of the Fort St. George Gazette, dated 21st December 1926; G.O.Ms. No. 969, Development, dated 30th June 1971; Notification No. 180, dated 4th June 1927, page 877 of Part I of the Fort St. George Gazette, dated 14th June 1927; G.O.Ms. No. 2543, Revenue, dated 29th October 1928; Notification No. 306, on page 1731 of Part I of the Fort St. George Gazette, dated 29th October 1928; Notification No. 306 on page 1731 of Part I of the Fort St. George Gazette, dated 6th November 1928; Government Memorandum No. 3205-1/34, dated 23rd August 1935, published at page 1209 of Part I of the Fort St. George Gazette, dated 3rd September 1935, Notification No. 576, dated 17th August 1937; G.O. No. 2650, Development, dated 30th November 1937; Notification No. 743, dated 17th November 1937 Part I of the Fort St. George Gazette page 1951, dated 23rd November 1937. (G.O. Ms. No. 2745, Development, dated 13th July 1950; Development Department notification on page 281 of the rules Supplement to Part-I of the Fort St. George Gazette, dated 25th July 1950, G.O.Ms. No. 2459, Development, dated 9th May 1949, published at page 45 of the rules supplement to Part-I of the Fort St. George Gazette, dated 17th May 1949). (G.O. Ms. No. 4409, Development, dated 26.08.1948; Notification No. 32, dated 17.08.1948, pages 203-204 of the Rules Supplement to Part I of the Fort. St. George Gazette, dated 17.08.1948). (G.O. Ms. No. 4842, Development, dated 13.11.1944, Notification No. 1227, dated 18.10.1944, page 857, Part I of the Fort St. George Gazette, dated 24.10.1944). (Government Memorandum No. 134778 CII 51-11, Development, dated 3.11.1952, Government Development Department Notification, dated 3.11.1952 in page 485 of the Rules Suppl. to Part I of the Fort St. George Gazette, dated 19.11.1951).
Rules under section 33 of the Tamil Nadu Forest Act, 1882 (Tamil Nadu Act V of 1882) for the management of the Todapatta lands on the Nilgiris.
### 1. Whereas under clause (a) of section 33 Tamil Nadu Forest Act, 1882 (Tamil Nadu Act
5 of 1882
), the Government of Tamil Nadu have undertaken the management of the forest and waste lands specified in the Schedule hereto annexed, known as the Todapatta lands and situated in the Nilgiris district, it is hereby notified under the said section that the provisions of section 26, Chapter III of the said Act, shall apply to the said forest and waste lands:-
Schedule
----------
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
District
|
Nad.
|
Village
|
Name of the Toda Mund and land
|
Settlement number
|
Area in acres
|
Total area for the village
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
Nilgiris
|
Todanad
|
Ootacamund
|
Denadmund
|
A-72
|
0.73
|
|
|
|
|
|
Do.
|
A-73
|
119.40
|
|
|
|
|
|
Do.
|
A 74
|
2.39
|
|
|
|
|
|
Do.
|
A-75
|
4.40
|
|
|
|
|
|
Do.
|
A-76
|
7.55
|
|
|
|
|
|
Do.
|
A 78
|
20.65
|
|
|
|
|
|
Pagulimund
|
A 80
|
1.99
|
|
|
|
|
|
Do.
|
A-81
|
66,19
|
|
|
|
|
|
Do.
|
A-82
|
10.47
|
|
|
|
|
|
Do.
|
A-83
|
0.36
|
|
|
|
|
|
Do.
|
A-84
|
9.03
|
|
|
|
|
|
Do.
|
C-1
|
5.02
|
|
|
|
|
|
Marlimund
|
A-86-A
|
1.15
|
|
|
|
|
|
Do.
|
A-86-C
|
0.67
|
|
|
|
|
|
Do.
|
A-87
|
17.66
|
|
|
|
|
|
Do.
|
A-87-2
|
0.93
|
|
|
|
|
|
Do.
|
C-12
|
10.2
|
|
|
|
|
|
Do.
|
C-13
|
0.58
|
|
|
|
|
|
Do.
|
C-48
|
1.80
|
|
|
|
|
|
Do.
|
C-49
|
2.25
|
|
|
|
|
|
Do.
|
C-50
|
1.74
|
|
|
|
|
|
Marlimund
|
C-5
|
0.11
|
|
|
|
|
|
Manjak- kalimund
|
D-85
|
14.44-2/8
|
|
|
|
|
|
Do.
|
D-86
|
3.53-4/8
|
|
|
|
|
|
Do.
|
D-87
|
3.48-6/8
|
|
|
|
|
|
Do.
|
D-88-2
|
5.95
|
|
|
|
|
|
Kunditolmund
|
F-88
|
9.77 2/8
|
|
|
|
|
|
Do.
|
F-89
|
10.14 2/8
|
|
|
|
|
|
Do.
|
F-90
|
1.81 5/8
|
|
|
|
|
|
Do.
|
F-91
|
1.00 6/8
|
|
|
|
|
|
Kavimund
|
H-16-B
|
45.65
|
|
|
|
|
|
Triyaraimund
|
H-116
|
0.36
|
|
|
|
|
|
Do.
|
H-118
|
1.60
|
|
|
|
|
|
Do.
|
H-122
|
0.95
|
|
|
|
|
|
Kettarimund
|
01/01/44
|
10.85-4/8
|
|
|
|
|
|
Do.
|
I-115
|
3.57-5/8
|
|
|
|
|
|
Do.
|
I-114-B
|
0.10-7/8
|
|
|
|
|
|
Do.
|
I-115-B
|
2.23
|
|
|
|
|
|
Kavai- kadumund
|
01/01/46
|
1.55
|
|
|
|
|
|
Do.
|
I-147
|
3.92
|
|
|
|
|
|
Do.
|
I-148
|
17 30
|
|
|
|
|
|
Total, Ootacamund village
|
|
423.62-3/8
|
423.62-3/8
|
|
Nilgiris
|
Todanad
|
Nanjanad
|
Kariyamund
|
1
|
12.05
|
|
|
|
|
|
Tiriarainmund
|
2
|
33.45
|
|
|
|
|
|
Perattitalmund
|
3
|
6.46
|
|
|
|
|
|
Kaggodumund
|
03/02/19
|
5.33
|
|
|
|
|
|
Talapatta- raimund
|
4
|
11.43
|
|
|
|
|
|
Bagal- kudumund
|
5
|
10.77
|
|
|
|
|
Todakaraimund
|
6
|
4.99
|
f
|
|
|
|
|
|
Yemme- kaiinund
|
7
|
35.12
|
|
|
|
|
|
Yeppako- dumuni
|
8
|
25.77
|
|
|
|
|
|
Nodikodumund
|
10
|
10.87
|
|
|
|
|
|
Kulamund
|
11
|
4.23
|
|
|
|
|
|
Tukkaramund
|
12
|
12.14
|
|
|
|
|
|
Kaitarkemund
|
15
|
11.71
|
|
|
|
|
|
Kaniubiramund
|
16
|
11.90
|
|
|
|
|
|
Pertimund
|
18
|
14.57
|
|
|
|
|
|
Kerigutamiund
|
19-A
|
0.50
|
|
|
|
|
|
Do.
|
19-B
|
6.14
|
|
|
|
|
|
Tamogamund
|
21
|
53.96
|
|
|
|
|
|
Narigulimund
|
22
|
33.34
|
|
|
|
|
|
Kurudamund
|
24
|
33.72
|
|
|
|
|
|
Ammako- raiinund
|
27
|
11.72
|
|
|
|
|
|
Billanjika- dumund
|
36
|
18.10
|
|
|
|
|
|
Nekkodumund
|
44
|
31.07
|
|
|
|
|
|
Porikodiy- aramund
|
48
|
10.54
|
|
|
|
|
|
Kundakod- umund
|
53
|
9.85
|
|
|
|
|
|
Aganadmund
|
54
|
34.84
|
|
|
|
|
|
Kundakod- umund
|
55
|
33.76
|
|
|
|
|
|
Annekkaltnund
|
56-A
|
27.32
|
|
|
|
|
|
Annekkalmund
|
58
|
6.70
|
|
|
|
|
|
Kolakkadmund
|
61
|
11.23
|
|
|
|
|
|
Pinnapolamund
|
64
|
11.64
|
|
|
|
|
|
Nettanerimund
|
66
|
34.45
|
|
|
|
|
|
Kadimund
|
67
|
11.97
|
|
|
|
|
Total
|
Osamund
|
68
|
34.56
|
|
|
|
|
|
Kattikadumund
|
70
|
5.83
|
|
|
|
|
|
Nirkachimund
|
75
|
33.12
|
|
|
|
|
|
Katinapemund
|
83
|
6.38
|
|
|
|
|
|
Malaivid-umund
|
85
|
10.87
|
|
|
|
|
|
Malaivid- uinund
|
87
|
11.75
|
|
|
|
|
|
Attakoraimund
|
89
|
11.92
|
|
|
|
|
|
Pemund
|
90
|
4.68
|
|
|
|
|
|
Kavaikkad- umund
|
101
|
34.96
|
|
|
|
|
|
Nanjanad village
|
|
726.71
|
726.71
|
|
Nilgiris
|
Todanad
|
Naduvattam
|
Edathalmund
|
6
|
11.38
|
|
|
|
|
|
Hadamund
|
25
|
10.33
|
|
|
|
|
|
Kudimalmund
|
26
|
11.75
|
|
|
|
|
|
Bikkolmund
|
9
|
13.00
|
|
|
|
|
|
Kalmattimund
|
142
|
11.10
|
|
|
|
|
|
Karakkalmund
|
159
|
33.66
|
|
|
|
|
|
Yenakodumnd
|
165
|
11.55
|
|
|
|
|
|
Pattimund
|
220
|
34.77
|
|
|
|
|
|
Tirayarimund
|
222
|
6.11
|
|
|
|
|
|
Kudinagamund
|
223
|
11.21
|
|
|
|
|
|
Kavayamund
|
35-A2
|
5.65
|
|
|
|
|
|
Kodanaimund
|
349
|
5.50
|
|
|
|
|
|
Adkbamiund
|
348
|
36.10
|
|
|
|
|
|
Kaggulmund
|
347
|
12.60
|
|
|
|
|
Total
|
Naduvattam village
|
|
214.71
|
214.71
|
|
Nilgiris
|
Todanad
|
Sholur
|
Urutharaimund
|
30
|
1.96
|
|
|
|
|
|
Korangamund
|
67
|
1.83
|
|
|
|
|
|
Olakkodumund
|
86
|
4.55
|
|
|
|
|
|
Nerkodumund
|
259
|
11.26
|
|
|
|
|
|
Anaikund- ukulimund
|
261
|
14.05
|
|
|
|
|
|
Nergulimund
|
262
|
11.46
|
|
|
|
|
|
Nergulimund
|
|
6.59
|
|
|
|
|
|
Tavattako- raimund
|
264
|
22.91
|
|
|
|
|
|
Baddanko- dimund
|
267-A
|
22.80
|
|
|
|
|
|
Kengodmund
|
268
|
84.14
|
|
|
|
|
|
Malkodumund
|
269
|
11.64
|
|
|
|
|
|
Keradamund
|
270
|
7.56
|
|
|
|
|
|
Terkodmund
|
271
|
12.15
|
|
|
|
|
|
Pattaraimund
|
273
|
11.43
|
|
|
|
|
|
Telkodmund
|
276
|
22.56
|
|
|
|
|
|
Tamamund
|
283
|
33.81
|
|
|
|
|
|
Aretalmund
|
284
|
11.46
|
|
|
|
|
|
Kudumaimund
|
288
|
3.92
|
|
|
|
|
|
Konaikoraimud
|
292
|
9.78
|
|
|
|
|
|
Konaiko- raimund
|
293
|
11.66
|
|
|
|
|
|
Kariyamund
|
296-A
|
10.97
|
|
|
|
|
|
Tuvalkan- dimund
|
298
|
11.52
|
|
|
|
|
|
Perannund
|
300
|
7.83
|
|
|
|
|
|
Putialmund
|
303
|
11.94
|
|
|
|
|
|
Killmund
|
306-A
|
33.05
|
|
|
|
|
|
Killmund
|
396-C
|
10.16
|
|
|
|
|
|
Nadumund
|
397-A
|
33.81
|
|
|
|
|
|
Do.
|
397-C
|
4.00
|
|
|
|
|
|
Do.
|
397-D
|
0.95
|
|
|
|
|
|
Do.
|
397-H
|
1.19
|
|
|
|
|
|
Karadiko- thumund
|
407-A
|
10.97
|
|
|
|
|
|
Alaikidalmund
|
409
|
10.01
|
|
|
|
|
|
Kabundmund
|
439
|
35.40
|
|
|
|
|
|
Total: Sholur village
|
|
449.32
|
449.32
|
|
Nilgiris
|
Todanad
|
Hullatti
|
Paggulamund
|
167-B
|
13.91
|
|
|
|
|
|
Kombutu- kkimund
|
190-B
|
11.46
|
|
|
|
|
|
Karimulimund
|
198-A
|
34.00
|
|
|
|
|
|
Muttinad
|
207-A
|
34.01
|
|
|
|
|
|
Pillamund
|
195-A/1
|
12.21
|
|
|
|
|
|
Total: Hullatti village
|
|
105.59
|
105.59
|
|
Nilgiris
|
Kundanad
|
Mulligur village
|
Yeragimund
|
1-A
|
15.59
|
|
|
|
|
|
Okkamund
|
2
|
3.25
|
|
|
|
|
|
Kudukka- dumund
|
6
|
1.04
|
|
|
|
|
|
Bettlemund
|
47
|
7.30
|
|
|
|
|
|
Onnekudumund
|
48-A
|
19.72
|
|
|
|
|
|
Tebbekun- dumund
|
49-A
|
18.68
|
|
|
|
|
|
Narigulimund
|
195
|
11.96
|
|
|
|
|
|
Kolimund
|
196
|
15.25
|
|
|
|
|
|
Onnamund
|
197
|
19.70
|
|
|
|
|
|
Total: Mulligur village
|
|
112.49
|
112.49
|
|
|
|
|
Total: Kundanad
|
|
|
112.49
|
|
Nilgiris
|
Merkunad
|
Ithalar village
|
Kannagalmund
|
195
|
5.66
|
|
|
|
|
|
Do.
|
218
|
15.51
|
|
|
|
|
|
Karikka-dumund
|
309
|
16.65
|
|
|
|
|
|
Attumund
|
356
|
8.34
|
|
|
|
|
|
Karikka-dumundi
|
357-A
|
48.68
|
|
|
|
|
|
Do.
|
357-C
|
130.01
|
|
|
|
|
|
Total: Ithalar village
|
|
224.85
|
224.85
|
|
|
|
|
Total: Merkunad
|
|
|
224.85
|
|
|
|
Grand total: Ootacamund taluk
|
|
|
2935.37
|
|
|
Nilgiris
|
Paranginad
|
Kodanad
|
Kodanadmund
|
1
|
30.48
|
|
|
|
|
|
Pedukkalmund
|
53-A
|
0.77
|
|
|
|
|
|
Do.
|
53-B
|
17.38
|
|
|
|
|
|
Do.
|
53-D
|
3.08
|
|
|
|
|
|
Banuku-dumund
|
55-A
|
10.32
|
|
|
|
|
|
Kollikkalmund
|
69
|
3.67
|
|
|
|
|
|
Nervenumund
|
71-A
|
15.17
|
|
|
|
|
|
Do.
|
74
|
7.01
|
|
|
|
|
|
Banuku-dumund
|
76
|
14.22
|
|
|
|
|
|
Kidudo- nnemund
|
81
|
20.37
|
|
|
|
|
|
Total-Kodanad village
|
|
122.47
|
122.47
|
|
|
|
|
Total-Paranginad
|
|
|
122.47
|
|
Nilgiris
|
Merkunad
|
Athigaratti
|
Taranadmund
|
722
|
89.2
|
|
|
|
|
|
Total Athigaratti village
|
|
|
89.2
|
|
Nilgiris
|
Merkunad
|
Ketti village
|
Teriyaramund
|
1198
|
2.31
|
|
|
|
|
|
Do.
|
1199
|
0.95
|
|
|
|
|
|
Teriyaramund
|
1201
|
8.75
|
|
|
|
|
|
Do.
|
1202
|
12.48
|
|
|
|
|
|
Do.
|
1203
|
9.64
|
|
|
|
|
|
Do.
|
1204
|
1.53
|
|
|
|
|
|
Paranaipe-kkadumund
|
1192
|
1.41
|
|
|
|
|
|
Total - Keti village
|
|
37.07
|
37.07
|
|
Nilgiris
|
Merkunad
|
Hulikal village
|
Nadumund
|
160-A
|
113.32
|
|
|
|
|
|
Total - Hulikal village
|
|
|
113.32
|
|
|
|
|
Total- Merkunad
|
|
|
239.59
|
|
|
|
|
Grand total-Coonoor taluk
|
|
|
362.06
|
|
|
|
|
Grand total-Nilgirs district
|
|
|
2,776.41-3/8
|
|
(C.C.P. Mis. No. 171, dated the 31st July 1945.)
|
### 2. It is further notified that the Government of Tamil Nadu have made the following rules under section 26 of the said Act and that these rules shall apply to all Todapatta lands in the Nilgiris district:
(1) No person shall fell, girdle, mark, lop, uproot or bum or strip off the bark or leaves from or otherwise damage any tree growing on the said lands or remove the timber or collect the natural produce of such trees or lands or quarry or collect stone, lime, gravel, earth or manure upon such lands or break up such lands for cultivation or erect buildings of any description or cattle kraals, and no person or persons other than the Todas including Toda Converts named in the patta concerned, shall graze, cattle, sheep or goats upon such lands unless he is authorised so to do by the Collector or some person duly empowered in that behalf by the Collector.
(2) The Collector may select any of the said lands to be placed under special fire-protection. After the limits of these areas have been clearly indicated and duly notified in the District Gazette, no person within such areas shall wilfully or negligently set fire to or instigate, aid or abet the setting fire to the trees, timber, grass, fern or any forest produce, or shall kindle or keep burning any fire except at such places and subject to such precautions as may be prescribed by the Collector by notification in the District Gazette.
(3) All Todas including Toda Converts in the Nilgiris district shall, in respect of their own patta lands, be exempt from the operation of the above rules and shall be at liberty to graze their own cattle, to remove fuel and grass for their domestic requirements and to collect any honey or wax upon such lands. They shall likewise be entitled to, and shall receive free permits for, the removal of all timber, bamboos, rattans, fibre and thatching grass that they may require for building or repairing their munds and temples.
(4) The Collector shall have power to issue per mills for periods not exceeding ten years at a time for the cultivation of grass lands only in Toda pattas by Todas themselves or Toda Converts, free of charge or otherwise as the Government may, from time to time, direct, but no permit holder shall allow any person not being a Toda or Toda Convert to cultivate or assist in the cultivation of such lands.
(5) Any breach or infringement of rules 1 and 2 will render the offender liable, or conviction by a Magistrate, to imprisonment of either description as defined in the Indian Penal Code for a term which may extend to one month, or fine which may extend to Rs. 200 or both.
|
65b90bf2ab84c7eca86e838f | acts |
State of Telangana - Act
--------------------------
Rajiv Gandhi University of Knowledge Technologies Act, 2008
-------------------------------------------------------------
TELENGANA
India
Rajiv Gandhi University of Knowledge Technologies Act, 2008
=============================================================
Act 18 of 2008
----------------
* Published on 26 April 2008
* Commenced on 26 April 2008
Rajiv Gandhi University of Knowledge Technologies Act, 2008
(Act
No.18 of 2008
)
Last Updated 6th January, 2020
[Dated 26.04.2008]
The Rajiv Gandhi University of Knowledge Technologies Act, 2008 received the assent of the Governor on 26.04.2008. 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.29 Higher Education (TE/A2) Department, dated 17.12.2014.
### 1. Short title and commencement.
(1) This Act may be called the Rajiv Gandhi University of Knowledge Technologies Act, 2008.
(2) It shall be deemed to have come into force on the 22nd December, 2007.
### 2. Definitions.
- In this Act, unless the context otherwise requires:-
(i) "Academic Council" means the Academic Council referred to under section 8;
(ii) "Board of Studies" means the Board of Studies of Constituent Institutes;
(iii) "Chancellor" means the Chancellor of the Rajiv Gandhi University of Knowledge Technologies;
(iv) "Center" means a center established by the Governing Council;
(v) "CETLS" means Center for Education Technology and Learning Science;
(vi) "Constituent Institute" means an Institute established under section 3;
(vii) "Executive Committee" means the Executive Committee of the Constituent Institutes;
(viii) "Faculty" means Professors, Associate Professors, Assistant Professors, Lecturers, Mentors and Research Staff;
(ix) "GC" means Governing Council referred to in section 5;
(x) "Government" means the State Government of 2Telangana;
(xi) "Hostel" means a unit of residence for students of the Institute maintained or recognized by the Institute in accordance with conditions prescribed;
(xii) "Institute" means the autonomous Institute notified under section 3;
(xiii) "Member" means a member of the Institute;
(xiv) "Notification" means a notification published in the [Telangana]
[Substituted by G.O.Ms.No.29, Higher Education (TE/A2) Department, dated.17.12.2014.]
Gazette and the word "notified" shall be constuted accordingly;
(xv) "Prescribed" means prescribed by the Statutes, Ordinances or Regulations;
(xvi) "Rural Student" means student who had passed 10th standard examination from Rural areas of the State of 2Telangana;
(xvii) "University" means Rajiv Gandhi University of Knowledge Technologies.
### 3. Rajiv Gandhi University of Knowledge Technologies.
- [(1) There shall be established the Rajiv Gandhi University of Knowledge Technologies with its headquarters at Basara, Adilabad District for teaching and research in Information Technology and related areas under the control of a Governing Council.]
[Substituted by G.O.Ms.No.29, Higher Education (TE/A2) Department, dated 17.12.2014.]
(2) It may also establish such institutions at such other places by notification as it may deem fit.
(3) Each of such Constituent Institutes shall have independent status and flexibility to design their curriculum and course work and other functional and administrative measures subject to the guidelines or instructions issued by the Governing Council from time to time.
(4) The Constituent Institutes shall be a body corporate, having perpetual succession and a common seal and shall sue and be sued by the said Corporate name.
(5) In all suits and other legal proceedings by or against the Institute the pleading shall be signed and verified by the Director and all process in such suits and proceedings shall be issued to and on behalf of the Director.]
### 4. The objects of the University.
- The following are the objects of the University, namely,-
(i) to disseminate and advance knowledge in the fields of Information Technology, Nano-Technology, Solar Energy Technology, Biotechnology and other emerging Technologies;
(ii) to create institutes and/or centers of excellence for imparting state-of-the-art education, Training and Research in the fields of Information Technology, Nano Technology, Solar Energy Technology, Biotechnology and other emerging areas;
(iii) to develop innovative patterns of teaching, training; curriculum design and methods of testing at various levels of educational accomplishment to attain global education standards;
(iv) to make special provisions for integrated courses in humanities, social sciences and interdisciplinary areas so as to promote use of technologies for larger benefit of mankind particularly people living in developing countries;
(v) to function as a resource center for knowledge management and entrepreneurship development in the fields of Information Technology, Nano Technology, Solar Energy Technology, Biotechnology and other emerging areas;
(vi) to provide for inter-relationships for national and global participation in the fields of Information Technology, Nano Technology, Solar Energy Technology, Bio¬technology and other emerging areas and its allied fields; and
(vii) to establish close linkage with industry to make teaching and research at the institutes relevant to the needs of the economy, at national and global level.
### 5. Governing Council.
(1) There shall be a Governing Council for University, which shall be an apex body for the overall governance of the Constituent Institutes established under section 3, either as Public or Private-Public Partnership as specified in the statute 16. The Governing Council shall be responsible for the general superintendence, accreditation, direction and policies of all the Constituent Institutes.
(2) The Governing Council shall have following powers,-
(i) to establish special centers or other units for research and teaching as are necessary for furtherance of its objectives;
(ii) to create administrative, ministerial and other posts for the University and to make appointments thereto;
(iii) to institute and award fellowships, scholarships, studentships, bursaries;
(iv) to make a provision for research and advisory services and for that purpose to enter into such arrangements with other institutions or bodies as it deem necessary;
(v) to determine standards and procedures for admission into the Constituent Institutes which may include examination, evaluation or any other method of testing;
(vi) to facilitate the activities of Institutes in respect of academic, financial and administrative matters;
(vii) to fix fees and other charges;
(viii) to receive donations and to acquire, hold, manage and dispose of any property for the purposes of the objects of the University and Institutes;
(ix) to review, from time to time, the broad policies and programmes and to suggest measures for the improvement and development of the Constituent Institutes;
(x) to consider and pass resolutions on the annual report and the annual accounts and the audit report on such accounts;
(xi) to perform such other functions as may be prescribed by the statutes;
(xii) 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;
(xiii) the constitution of the Governing Council and the term of office of its members shall be prescribed by the statute 9.
### 6. The Chancellor.
- [(1) The Chancellor shall be appointed by the Government.]
[Sub-section (1) of section 6 substituted by Act No.8 of 2016.]
(2) The Chancellor shall, by virtue of his office, be the Head of the University.
(3) The Chancellor shall chair the Governing Council and Academic Council.
### 7. The Vice-Chancellor.
(1) The Vice-Chancellor shall be appointed by the [Government]
[For 'Governing Council' the word 'Government' substituted by Act No.8 of 2016.]
in such manner as prescribed by the Statute 2.
(2) The Vice-Chancellor shall assist the Chancellor of the University in discharge of his/her duties.
(3) The Vice-Chancellor in the absence of the Chancellor shall Chair the Governing Council and Academic Council.
(4) The Vice-Chancellor shall chair the meetings of the Executive Committee and Board of Studies of the Constituent Institutes.
(5) The Vice-Chancellor shall be the Chief Executive Officer of the University.
### 8. Academic Council.
(1) The Academic Council shall be the principal academic body of the University and shall co-ordinate and exercise general supervision over the academic policies of the Constituent Institutes.
(2) The constitution of the Academic Council, the term of office of its members and its powers and functions shall be prescribed by the Statute 11.
### 9. Powers and functions of Institutes.
- The Institute shall have the following powers and functions, namely:-
(i) to prescribe the qualifications under which persons shall be admitted to the Institute and to any particular course of study therein;
(ii) to cause organization of teaching, research, experimentation and practical training in the fields relevant to the objects of the Institute;
(iii) to hold examinations and to confer and grant degrees, diplomas, certificates, and other academic distinctions on persons who shall have passed the examinations or other tests conducted by the Institute as prescribed by the University;
(iv) to institute and establish or abolish professorships, readerships, lectureships and any other such offices required by the Institute, to appoint persons to such posts, to remove person from such posts and to prescribe the conditions of service relating to such offices;
(v) to institute and award fellowships, scholarships, studentships, bursaries and prizes;
(vi) to develop industrial services through the faculty;
(vii) to make provision for research and advisory services and with these objects to enter into such arrangements with other institutions or with public bodies or industrial firms as may be deemed fit;
(viii) to institute and establish or abolish such administrative offices as may be required, to appoint persons to such offices, to remove persons from such offices, and to prescribe the conditions of service relating to such offices;
(ix) to provide for the printing and publication of research and other works which may be issued by the Institute;
(x) to organize and encourage preparation, printing, publication and distribution of text books relevant to the objects of the Institute;
(xi) to fix, demand and receive fees, subscriptions and deposits;
(xii) to act as trustees or managers of any property, legacy, endowment or gift for purpose of education or research otherwise in furtherance of the work and welfare of the Institute and to invest any funds representing the same in accordance with the provisions of this Act, the statutes, and the Regulations made thereunder.
(xiii) to establish, maintain and manage research department and institutions;
(xiv) to do all such other acts and things as may be requisite in order to further the objects of the Institute;
(xv) to conduct innovative experiments in new methods and technologies in the fields of Information Technology, Nano Technology, Solar Energy Technology, Bio¬technology and other emerging areas in order to achieve international standards of such education, training and research;
(xvi) to prescribe courses and curricula in consultation with industry and provide for flexibility in the education system and delivery methodologies including electronic and distance learning;
(xvii) to hold examination including through electronic mode;
(xviii) to establish such special centers, specialized study centers other units for research and instruction as are, in the opinion of the Institute, necessary for the furtherance of its objects;
(xix) to develop and maintain linkages with educational or research Institutions and industries in any part of the world in furtherance or the objectives of the University;
(xx) to develop and maintain relationships with teachers, researchers, domain experts and industrialists in Information Technology, Nano Technology, Solar Energy Technology, Bio-technology and other emerging areas in any part of the world for achieving the objects of the University.
### 10. Officers of the Constituent Institutes.
- The following shall be the officers of each of the Constituent Institute, namely:-
(i) The Director;
(ii) The Dean;
(iii) The Administrative Officer,
(iv) The Finance Officer, and
(v) Such other persons as may be prescribed to be officers of the Institute.
### 11. Director of the Institute.
(1) There shall be a Director of the Constitute Institute who shall be appointed by the Chancellor from a panel of names recommended by the Governing Council in such manner as prescribed in the Statute 3.
(2) The initial term of appointment shall be for a period of three years, and may be extended for another period of three years. The appointment is subject to the age limit of not exceeding 65 years.
### 12. Powers and Duties of the Director.
(1) The Director shall be the Chief Executive and Academic officer of the Constituent Institute. He/She shall preside over the meetings of the Finance Committee and Executive Committee.
(2) Without prejudice to the generality of the provisions contained in sub-section (1), the Director shall,-
(a) exercise general supervision and control over the affairs of the Constituent Institute;
(b) ensure implementation of the decision of the authorities of the Constituent Institute and responsible for imparting of instruction and maintenance of discipline in the Constituent Institute;
(c) exercise such other powers and perform such other duties as may be assigned to him under the Act or as may be delegated to him by the Governing Council or the Chancellor, as the case may be.
### 13. The Deans.
- The Deans of the Constituent Institute shall be appointed in such a manner and shall exercise such powers and perform such duties as may be prescribed by the Statute 7.
### 14. The Administrative Officer.
- The Administrative Officer of the Constituent Institute shall be appointed in such a manner and shall exercise such powers and perform such duties as may be prescribed by the Statute 4.
### 15. The Finance Officer.
- The Finance Officer of the Constituent Institute shall be appointed in such a manner and shall exercise such powers and perform such duties as may be prescribed by the Statute 5.
### 16. Other Officers.
- The manner of appointment and powers and duties of other officers of the Constituent Institute shall be prescribed by the Statute 6.
### 17. Authorities of the Constituent Institute.
- The following shall be the Authorities of the Constituent Institute: -
(i) the Executive Committee;
(ii) the Board of Studies; and
(iii) any such other authorities as may be declared by any future Statutes.
### 18. Executive Committee.
- The Executive Committee shall be the principal executive body of the Constituent Institute. The constitution of the Executive Committee, the term of office of its members and its powers and functions shall be prescribed by the Statute 10.
### 19. Board of Studies.
- (i) Each Constituent Institute shall have its own Board of Studies;
(ii) the constitution of the Board of Studies, the term of office of its members and its powers and functions shall be prescribed by the Statute 12;
(iii) the Board of Studies, subject to the overall control of the Academic Council, shall have the powers to introduce new domain specializations, new soft skills and new research programmes;
(iv) the Board of Studies shall be the principal planning and reviewing body and it shall also arrange for periodical monitoring of the development programmes and of teaching and research in the Constituent Institute.
### 20. Other Authorities.
- The constitution, powers and functions of other authorities shall be prescribed by the future Statutes.
### 21. Constitution of Committees.
- Where any authority of the Constituent Institute is given power by this Act or the Statutes to appoint Committees, such Committees shall as otherwise provided, consist of the members of the authority concerned and of such other persons as the authority in each case may think fit.
### 22. Annual Report.
- The annual report of the Constituent Institute shall be prepared under the directions of the Executive Committee and shall be submitted to the Governing Council on or after such date as may be prescribed by the Statutes and the Governing Council shall consider the report in its meeting.
### 23. Annual Accounts.
- The annual accounts and balance sheet of the Constituent Institute shall be prepared under the directions of the Executive Committee and shall be audited by Chartered Accountant every year. The audited annual accounts shall be submitted to the Governing Council.
### 24. Statutes.
- Subject to the provisions of this Act, Statutes may provide for all or any of the following matters, namely:-
(i) the constitution, powers and functions of the authorities and other bodies of the University as may be constituted from time to time;
(ii) the appointment and continuance in office of the members of the said authorities and bodies, the filling up of vacancies of members, and all other matters relate to those authorities and other bodies for which it may be necessary or desirable to provide;
(iii) the appointment, powers and duties of the officers of the University and their emoluments and other terms and conditions of service;
(iv) the appointment of the faculty of the Institutes and their emoluments and other terms and conditions of service;
(v) the conditions of service of employees including provision for pension, insurance and provident fund, the manner of termination of service and disciplinary action;
(vi) the principles governing seniority of service of employees;
(vii) the procedure for appeal to the Governing Council by any employee or student against the action of any officer or authority of the Institute;
(viii) the institution of fellowships, scholarships, studentships, bursaries, medals and prizes;
(ix) the delegation of powers vested in the authorities or officers of the University and Constituent Institutes; and
(x) all other matters which by this Act are to be, or may be, provided by the Statutes.
### 25. Statutes how made.
(1) The first Statutes 1 to 16 of the University are those set out in the Schedule and can only be altered with the approval of the State Government.
(2) The Governing Council may, from time to time, make new statutes in addition to the first statutes referred to in sub-section (1).
(3) Every statute made under sub-section (1) shall, immediately after it is made, be laid before both the Houses 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, the Houses agree 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.
### 26. Power to make Regulations.
- The Regulations shall be made by the Executive Committee and the Regulations so made may be amended repealed or added to anytime by the Governing Council. Subject to the provisions of this Act and the statutes, the Regulations may provide for all or any of the following matters:-
(i) the admission of the students to the Institute and their enrollment as such;
(ii) the course of study to be laid down for all degrees, diplomas and certificates of the Institute;
(iii) the award of degrees, diplomas, certificates and other academic distinctions, the qualifications for the same and the means to be taken relating to the granting and obtaining of the same;
(iv) the fees to be charged for courses of study in the Institute and for admissions to the examinations, degrees and diplomas of the Institute;
(v) the conditions of award of fellowships, scholarships, studentships, bursaries, medals and prizes;
(vi) the conduct of examination;
(vii) the conditions of residence of the students of the Institute;
(viii) the appointment and emoluments of employees other than those for whom provision has been made in the Statutes;
(ix) the establishment of Centers of Studies, Special Centers and Research Centers;
(x) such other terms and conditions of service of faculty and staff as are not prescribed by the Statutes;
(xi) all other matters which by this Act or the Statutes may be provided for by the Regulations.
### 27. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the Government may, within a period of two years from the commencement of this Act, by order published in the Gazette, make such provisions including adaptations or modifications, if any, of the provisions of this Act not affecting the substance thereof as appears to it to be necessary or expedient for removing the difficulty.
### 28. Repeal of ordinance 17 of 2007.
- The Rajiv Gandhi University of Knowledge Technologies Ordinance, 2007 is hereby repealed.
The Schedule
The Statutes of the Rajiv Gandhi University of Knowledge Technologies
Statute - 1
The Chancellor
### 1. [XXX] [Clause (1) omitted by Act No.8 of 2016.]
### 2. The Chancellor shall hold office for a term of five years. Statute - 2
The Vice-Chancellor
### 1. [ The Government shall constitute a Search Committee constisting of,- (i) a nominee of the Governing Council;
(ii) a nominee of the University Grants Commission;
(iii) a nominee of the State Government.
The Search Committee shall submit a panel of three persons to the Government in alphabetical order and the Government shall appoint the Vice-Chancellor from out of the said panel:
Provided that it shall be competent for the Government to call for a fresh panel if they consider necessary and the Search Committee shall submit a fresh panel to the Government.]
[Clause (1) of Statute-2 substituted by Act No.8 of 2016.]
### 2. The-Vice-Chancellor shall hold office for a term of five years subject to not attaining the age of 65 years. Statute - 3
The Director
### 1. The Governing Council shall constitute a Search Committee for selecting a person for the position of Director. The search Committee shall consist of,- (a) Chairman, [Telangana]
[Substituted by G.O.Ms.No.29, Higher Education (TE/A2) Department, dated.17.12.2014.]
State Council of Higher Education.
(b) Secretary to Government, Information Technology and Communication Department, Government of 8Telangana.
(c) A nominee of the Governing Council.
### 2. The Director must be a distinguished academician with doctoral degree and adequate administrative experience. ###
3. three persons to the Governing Council from among whom the Governing Council shall recommend one person to the Chancellor for appointment as Director and the Chancellor shall appoint such a person as Director.
### 4. The Director shall be the academic head and the principal executive officer of the Constituent Institute and shall exercise general control over its affairs. ###
5. The Director shall hold office for a term of three years from the date on which he enters upon his office and shall be eligible for re-appointment to that office for another term of three years.
### 6. Notwithstanding anything contained in clause (5) , a person appointed as Director shall after attaining the age of sixty five years during the term of his office, retire from office. ###
7. The Director shall have the power to convene meetings of the Executive Committee and Board of Studies.
### 8. It shall be the duty of the Director to see that the Act, the Statutes and the Regulations are duly observed, and he shall have all powers necessary to ensure such observance. Statute - 4
Administrative Officer
(1) The Administrative Officer shall be appointed by the Executive Committee for a term of three years and on such other terms as may be prescribed by the Regulations.
(2) The emoluments and other terms and conditions of service shall be such as may be prescribed by the Regulations. The Administrative Officer shall retire on attaining the age of 60 years.
(3) The Administrative Officer shall have overall control over all the staff excluding the Faculty. He/She shall be the Member-Convenor of the Executive Committee.
(4) It shall be the duty of the Administrative Officer,-
(a) to be custodian of the records and such other property of the Constituent Institute as the Executive Committee shall commit to his charge;
(b) to issue all notices convening meetings of the Executive Committee, Board of Studies and of any Committee appointed by the authorities of the Institute;
(c) to keep the minutes of all the meetings of the Executive Committee, the Board of Studies and of any Committee appointed by the authorities of the Institute;
(d) to conduct the official correspondence of the Executive Committee and the Board of Studies;
(e) to represent the institute in suits or proceedings by or against the institute, sign powers of attorney and verify pleading; and
(f) to perform such other duties as may be specified in these Statutes or the Regulations or as may be required, from time to time, by the Executive Committee or the Director.
Statute - 5
The Finance Officer
(1) The Finance Officer shall be appointed by the Executive Committee for a term of three years and on such other terms as may be prescribed by the Regulations.
(2) The emoluments and other terms and conditions of service shall be such as may be prescribed by the Regulations:
The Finance Officer shall retire on attaining the age of 60 years.
(3) The Finance Officer shall,-
(a) exercise general supervision over the funds of the institute and shall advise it as regards its financial policy; and
(b) perform such other financial functions as may be assigned to him by the Executive Committee or as may be prescribed by these Statutes or Regulations.
(4) Subject to the control of the Executive Committee, the Finance Officer shall,-
(a) hold and manage the property and investments of the institute including trust and endowed property;
(b) ensure that the limits fixed by the Executive Committee for recurring and non-recurring expenditure for a year are not exceeded and that all moneys are expended on the purpose for which they are granted or allotted;
(c) be responsible for the preparation of annual accounts and the budget of the Constituent Institute and for their presentation to the Executive Committee;
(d) arrange for the internal audit of the accounts annually by a Chartered Accountant;
(e) keep a constant watch on the state of the cash and bank balances and on the state of investments;
(f) watch the progress of the collection of revenue and advise on the methods of collection employed;
(g) ensure that the register of buildings, land, furniture and equipment are maintained up-to-date and that stock-checking is conducted, of equipment and other consumable materials in all offices, Special Centers and Specialized laboratories.
(5) The receipt of the Finance Officer for any money payable to the Constituent Institute shall be sufficient discharge for payment of such money.
Statute - 6
Other Officers
(1) The Other Officers shall be appointed by the Executive Committee on the recommendation of the Selection Committee constituted for the purpose.
(2) The Other Officers shall exercise such powers and perform such duties as may be assigned to them by the Executive Committee.
Statute - 7
The Dean, Academics And The Dean, Student Welfare
(1) The Dean, Academics shall be appointed by the Director from among the Professors.
(2) The Dean shall be responsible for the conduct and maintenance of the standards of teaching and research in the Institute.
(3) The Dean, Academics shall be the Member- Convenor of the Board of Studies.
(4) The Dean, Students Welfare shall be appointed by the Director from among the Professors and shall exercise such powers and perform such duties as may be prescribed by the Regulations.
Statute - 8
Director Of Center For Education Technology And Learning Sciences
The Director, Center for Education Technology and Learning Sciences shall be appointed by the Governing Council from among the Professors and shall exercise such powers and perform such duties as may be prescribed by the Governing Council. He/She shall be the Member Convenor of the Academic Council.
Statute - 9
Governing Council
(1) The Governing Council consists of the following members:-
(a) Chancellor.
(b) Vice-Chancellor.
(c) Chairman, [Telangana]
[Substituted by G.O.Ms.No.29, Higher Education (TE/A2) Department, dated.17.12.2014.]
State Council of Higher Education.
(d) Secretary to Government, Information Technology and Communications Department, Government of 9Telangana.
(e) Secretary to Government, Higher Education Department, Government of [Telangana]
[Substituted by G.O.Ms.No.29, Higher Education (TE/A2) Department, dated.17.12.2014.]
.
(f) Director, International Institute of Information Technology, Hyderabad.
(g) Directors of Constituent Institute located at [\*\*\*]
[Omitted (Idupulapaya and Nuzividu) by G.O.Ms.No.29, Higher Education (TE/A2) Department, dated 17.12.2014.]
Basara.
(h) Director, Center for Education Technology and Learning Science.
(i) Three eminent persons nominated by the Chancellor.
(2) The term of office of the nominated members shall be three years. A member shall be entitled for re-nomination for another term of three years.
(3) One-third members of the Governing Council shall form a quorum for a meeting of the Governing Council.
(4) The Governing Council shall have full executive control over all the Institutes.
(5) The Governing Council shall select a common seal for the Constituent Institutes and provide for the custody and use of such seal.
(6) The Governing Council shall exercise the following powers:-
(a) Take decisions on questions of policy relating to the administration and working of all the Institutes under the control of the University.
(b) Consider and approve the programmes of the Constituent Institutes.
(c) Prescribe and conduct courses of study, education and research.
(d) Lay down standards of proficiency to be demonstrated before the award of diplomas, certificates and other distinctions in respect of courses offered by the Constituent Institute.
(e) Frame Statutes and Regulations for the conduct of the affairs of the Constituent Institute and to add to, amend, or repeal them from time to time.
(f) Consider and pass resolutions on the Annual Report and Annual Accounts of the Constituent Institute.
(g) Prescribe tuition and other fees.
(h) Regulate and determine all matters concerning the administration of the University.
(i) Enter into any agreement with the relevant organizations for successful conduct of business of the Institutes.
(7) Exercise all powers that are not otherwise provided for.
(8) Delegate such of its powers to the Chancellor as may be considered necessary or desirable.
(9) The Vice-Chancellor with the prior approval of the Chancellor shall convene the meetings of the Governing Council as and when required.
Statute - 10
Executive Committee
(1) The Executive Committee shall consist of the following members:-
(a) The Vice-Chancellor of the University.
(b) The Director of the respective Constituent Institute.
(c) A member nominated by Information Technology and Communication Department, Government of [Telangana]
[Substituted by G.O.Ms.No.29, Higher Education (TE/A2) Department, dated.17.12.2014.]
.
(d) A member nominated by Director, International Institute of Information Technology, Hyderabad.
(e) Director, Center for Education Technology and Learning Science.
(f) Three eminent persons nominated by the Governing Council.
(2) The term of office of the nominated members shall be three years.
(3) One-third members of the Executive Committee shall form a quorum for a meeting of the Executive Committee.
(4) The Executive Committee shall have the management and administration of the revenue and property of the Constituent Institute and the conduct of all administrative affairs of the Constituent Institute not otherwise provided for.
(5) Subject to the provisions of this Act, the Statutes and the Regulations, the Executive Committee shall in addition to all other powers vested in it, have the following powers:-
(a) to create teaching and academic posts, to determine the number and emoluments of such posts and to define the duties and conditions of service of Faculty;
(b) to appoint such Faculty and other academic staff as may be necessary, on recommendations of the Selection Committee constituted for the purpose;
(c) to create administrative ministerial and other necessary posts and to make appointments thereto in the manner prescribed by the Regulations;
(d) to grant leave of absence to any officer of the Constituent Institute and to make, necessary arrangements for the discharge of the functions of such officer during his absence;
(e) to regulate and enforce discipline among employees in accordance with these Statutes;
(f) to manage and regulate the finances, accounts, investments, property, business and all other administrative affairs of the Constituent Institute and for that purpose to appoint such agents as it may think fit;
(g) to fix limits on the total recurring and the total nonrecurring expenditure for a year;
(h) to invest any money belonging to the Constituent Institute including any unapplied income, in such stocks, funds, shares or securities as it shall, from time to time, think fit, or in the purchase of immovable property in India;
(i) to transfer or accept transfers of any movable or immovable property on behalf of the Constituent Institute;
(j) to provide buildings premises, furniture and apparatus and other means needed for carrying on the works of the Constituent Institute;
(k) to enter into, vary, carry out and cancel contracts on behalf of the Constituent Institute;
(l) to entertain, adjudicate upon, and, if thought fit, to redress any grievances of the employees and students of the Constituent Institute, who may, for any reason feel aggrieved;
(m) to make such special arrangements as may be necessary for the residence and discipline of woman students;
(n) to delegate any of its powers to the Director, the Administrative Officer or the Finance Officer or such other employee or authority of the Institute or to a Committee appointed by it as it may deem fit;
(o) to institute fellowships, scholarships, studentships, bursaries, medals and prizes; and
(p) to exercise such and other powers and perform such other duties as may be conferred or imposed in it by this Act, of these statutes.
Statute - 11
Academic Council
(1) The Academic Council consists of the following members:-
(a) Chancellor,
(b) Vice-Chancellor,
(c) Deans, Academics of Constituent Institute located at Idupulapaya, Nuzivedu and Basara,
(d) Dean, Academics, International Institute of Information Technology, Hyderabad,
(e) Director, Center for Education Technology and Learning Science,
(f) Three eminent academicians nominated by the Governing Council.
(2) The term of office of the nominated members shall be three years.
(3) One-third members of the Academic Council shall form a quorum for a meeting of the Academic Council.
(4) Subject to the provisions of this Act, and the Statutes, the Academic Council shall in addition to all other powers vested in it, have the following powers,-
(a) to exercise general supervision over the academic policies of the Institutes and to give directions regarding methods of instruction, co-operative teaching, evaluation of research or improvements in academic standards;
(b) to bring about inter-disciplinary co-ordination, to establish or appoint Committees or Boards, for taking up projects;
(c) to consider matters of general academic interest either on its own initiative or on a reference by the Board of Studies or the Governing Council and to take appropriate action thereon; and
(d) to frame such regulations and rules consistent with these Statutes regarding the academic functioning of the Institutes, discipline, residences, admissions, award of fellowships and studentships, fee concessions and attendance.
Statute - 12
Board of Studies
(1) The Board of Studies shall consist of the following members:-
(a) The Vice-Chancellor,
(b) The Director of the respective Constituent Institutes,
(c) The Dean, Academics,
(d) Three eminent persons nominated by the Governing Council.
(2) The term of office of the nominated members shall be three years.
(3) One-half members of the Board of Studies shall form a quorum for a meeting of the Board of studies.
(4) The Board of Studies shall be the principal planning and reviewing body and it shall also arrange for periodical monitoring of the development programmes and of teaching and research in the Institute.
Statute - 13
Student Admissions
(1) The Institute shall be a fully residential.
(2) The Institute will cater primarily to the educational needs of the meritorious rural youth of [Telangana]
[Substituted by G.O.Ms.No.29, Higher Education (TE/A2) Department, dated.17.12.2014.]
.
(3) The admission process is based on the local basis with rural mandal as a unit, allowing for the established reservation norms.
(4) The merit is based on the marks secured in the Secondary School Certificate (Tenth Standard) from out of the applicants.
Statute - 14
Selection Committees
(1) There shall be Selection Committees for making recommendations to the Executive Committee for appointment to the posts of Faculty, Administrative Officer, Finance Officer, and other officers.
(2) The Selection Committees for appointment to the posts shall be constituted by the Chairman of the Executive Committee i.e. the Vice-Chancellor.
(3) The procedure to be followed by a Selection Committee in making recommendations shall be laid down in the Regulations.
Statute - 15
Committees
Any authority of the Rajiv Gandhi University of Knowledge Technologies may appoint as many standing or special committees as it may deem fit and may appoint to such committees persons who are not members of such authority. Any such committee may deal with any subject delegated to its subject to subsequent confirmation by the authority appointing it.
Statute - 16
Public Private Partnership
There shall be a provision for the Private Public Partnerships (PPP) . With the approval of the Governing Council, the Vice-Chancellor may enter into a Memorandum of Understating (MOU) with a reputed private partner for management of any of the Institute under Private Public Partnerships.
|
65ba2447ab84c7eca86eab2a | acts |
State of Maharashtra - Act
----------------------------
The Maharashtra Fiscal Responsibility and Budgetary Management Rules, 2006
----------------------------------------------------------------------------
MAHARASHTRA
India
The Maharashtra Fiscal Responsibility and Budgetary Management Rules, 2006
============================================================================
Rule THE-MAHARASHTRA-FISCAL-RESPONSIBILITY-AND-BUDGETARY-MANAGEMENT-RULES-2006 of 2006
----------------------------------------------------------------------------------------
* Published on 13 February 2006
* Commenced on 13 February 2006
The Maharashtra Fiscal Responsibility and Budgetary Management Rules, 2006
Published vide Notification No. TFC/1005/CR-28/2005 F.C. Desk, dated 13th February, 2006 M.G.G., Part 4-A, pages 135-146
In exercise of the powers conferred by section 7 of the Maharashtra Fiscal Responsibility and Budgetary Management Act, 2005 (Maharashtra Act No. XVI of 2005) and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, namely
### 1. Short title and commencement.
(a) These rules may be called the Maharashtra Fiscal Responsibility and Budgetary Management Rules, 2006.
(b) They shall come into force with immediate effect.
### 2. Definitions.
- In these rules, unless the context otherwise requires,-
(a) "Act" means the Maharashtra Fiscal Responsibility and Budgetary Management Act, 2005;
(b) "Contingent Liabilities" means outstanding guarantees given by the State Government for borrowings by Public Sector Undertakings and Special Purpose Vehicles and other equivalent instruments for which the State Government may be called upon to make payment in case of default by the borrowing organizations;
(c) "Current Year" means the year preceding the year for which the budget and medium term fiscal policy are being presented;
(d) "Debt Stock" means the total debt outstanding at the end of the financial year;
(e) "Ensuing Year" means the year for which the budget is being presented;
(f) "Form" means a form appended to these rules;
(g) "GSDP" means Gross State Domestic product at current prices;
(h) "Off Budget Borrowings" means non-budgetary receipts that need to be serviced by way of interest and principal repayment directly from the budget and in which the liability is not contingent in nature;
(i) "Previous Year" means the year preceding the current year;
(j) "section" means a section of the Act;
(k) Words and expressions used in these rules but not defined shall have the meanings respectively assigned to them in the Act.
### 3. Annual targets.
- In order to eliminate the revenue deficit and reduce the fiscal deficit to 3% of the GSDP by the 31st day of March, 2009, the State Government specifies the following targets for reduction of the revenue and fiscal deficits as required by sub-sections (1) and (2) respectively, of section 5
(a) The State Government shall reduce the revenue deficit by 1.0 per cent, or more of the GSDP in the first year, 1.5 per cent, or more in the first two years, 2 per cent, or more in the first three years, beginning from the financial year 2005-2006, and the entire deficit by 2008-09. The State shall maintain a revenue surplus thereafter.
(b) The State Government shall reduce the fiscal deficit by an amount equivalent to 0.3 per cent, or more of the GSDP at the end of each financial year beginning with the financial year 2005-2006 until the fiscal deficit is brought down to not more than 3% of the GSDP. The fiscal deficit in 2008-09 and thereafter shall not exceed 3% of GSDP.
### 4. Exceptional Grounds.
- The exceptional grounds mentioned in the first proviso to sub-section (2) of section 5 shall include civil disturbances, war, accidents of large magnitude and the like, as the other exceptional grounds for the purpose of section 5.
### 5. Fiscal Indicators.
- The fiscal indicators under sub-section (d) of section 2 shall consist of :
(a) Fiscal Deficit
(b) Revenue Deficit
(c) Debt Stock
(d) Contingent Liabilities
(e) Interest as a percentage of Revenue Receipts.
Explanation. - For the purpose of this rule -
(i) For calculating the Fiscal Deficit, Off-Budget Borrowings during the year, which need to be serviced by way of interest and principal repayment by the State Government, shall be taken into account.
(ii) For the purpose of calculating the Revenue Deficit, revenue expenditure shall include the interest, payable on Off-Budget Borrowings.
(iii) The Debt Stock shall include the Off-Budget Debt Stock.
(iv) Interest shall include interest paid on Off-Budget Debt Stock.
### 6. Medium Term Fiscal Policy Statement.
- In the Medium Term Fiscal Policy Statement, required by sub-section (1) of section 3, three year rolling targets for the fiscal indicators mentioned in rule 5 shall be in Form A-1.
### 7. Fiscal Policy Strategy Statement.
- The Fiscal Policy Strategy Statement required by sub-section (1) of section 3, shall be in Form A-2.
### 8. Disclosures.
(1) In order to ensure greater transparency in its fiscal operations in the public interest, the State Government shall, at the time of presenting the annual financial statement and demands for grants, make disclosures of the following :-
(a) Any significant change in accounting standards, policies and practices affecting or likely to affect the computation of prescribed fiscal indicators.
(b) Statements of receivables in Forms B-1 to B-2.
(c) A statement of guarantees given by the State Government in Form B-3.
(d) A statement on the number of employees and salary expenditure in Form B-4.
(e) A statement of State Government expenditure in Form B-5.
(f) A statement of components of the State Government's liabilities in Form B-6.
(g) [ A statement on Miscellaneous Liabilities Outstanding (major works and contracts) in Form B-7.]
[Clause (g) was substituted by G.N. dated 29.2.2008.]
(h) A statement on quality of investments based on outcomes in Form B-8.
(i) [ A statement on quality of investments based on outcomes (Revenue) in Form B-9.]
[Clause (i) was added by G. N. dated 29.2.2008.]
(2) The provisions of sub-rule (1) shall be complied with, not later than the presentation of the budget for the financial year 2007-08.
### 9. Measures to Enforce Compliance.
- In case the outcome of the quarterly review of trends in receipts and expenditure made under sub-section (1) of section 6, at the end of second quarter of any financial year beginning with the financial year 2006-07 shows that :
(a) the total non-debt receipts are less than 40 per cent, of Budget Estimates for that year, or
(b) the fiscal deficit is higher than 45 per cent, of the Budget Estimates for that year, or
(c) the revenue deficit is higher than 45 per cent, of the Budget Estimates for that year, then :-
(i) as required by sub-section (2) of section 6, the State Government shall take appropriate corrective measures; and
(ii) as required by sub-section (3) of section 6, the Minister in charge of the Ministry of Finance shall make a statement in both Houses of State Legislature during the session immediately following the end of the second quarter detailing the corrective measures taken, the manner in which any supplementary demands for grants are proposed to be financed and the prospects for the fiscal deficit of that financial year.
[Form A-1]
[Form A-1 to B-8 were substituted by G. N. dated 29.2.2008.]
[See rule 6]
Medium Term Fiscal Policy Statement
A. Fiscal Indicators. - Rolling Targets :
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
|
Item
|
Previous Year Actuals
|
Current
|
Current Year Budget Estimates (BE) |
Ensuing Year Revised Estimates (RE) |
Targets Year Budget Estimates (BE) |
For Next 2 Years
|
|
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
|
|
|
Y-3
|
Y-2
|
Y-1
|
Y-1
|
Y
|
Y+1
|
Y+2
|
|
1.
|
Revenue Deficit as percentage of GSDP.
|
|
|
|
|
|
|
|
|
2.
|
Fiscal Deficit as percentage of GSDP.
|
|
|
|
|
|
|
|
|
3.
|
Tax Revenue as percentage of GSDP.
|
|
|
|
|
|
|
|
|
4.
|
Total Debt Stock as percentage of GSDP.
|
|
|
|
|
|
|
|
|
5.
|
Total Contingent Liabilities as percentage of GSDP.
|
|
|
|
|
|
|
|
|
6.
|
Total Contingent Liabilities as percentage of Revenue
Receipts
|
|
|
|
|
|
|
|
|
7.
|
Interest Payment as percentage of Revenue Receipts.
|
|
|
|
|
|
|
|
B. Assumptions underlying the Fiscal Indicators. - Sectoral and GSDP growth rates, -
### 1. GSDP Growth. ###
2. Revenue receipts.-
(a) Tax revenue,
(b) Share of own tax revenue to total tax revenue,
(c) Non-tax revenue.
(d) Share of own non-tax revenue to total non-tax revenue,
(e) Devolution from Central Government.
### 3. Capital receipts.- (a) Loans and advances from Central Government,
(b) Special securities issued to the NSSF,
(c) Borrowings from financial Institutions,
(d) Other receipts (net) - Small Savings,
(e) Outstanding liabilities - Internal debt and other liabilities,
(f) Recovery of loans and advances.
### 4. Revenue Expenditure.- (a) Interest payments.
(b) Major subsidies,
(c) Salaries,
(d) Pensions - including projection of pensions liabilities for ten years,
(e) Others.
### 5. Capital Expenditure.- (a) Sectoral Capital outlay,
(b) Loans and advances.
C. Assessment of sustainability relating to :
(i) The balance between receipts and expenditure in general and revenue receipts and revenue expenditure in particular. - The Medium term fiscal policy statement may specify the tax-GSDP ratio for the current year and subsequent two years with an assessment of the changes required for achieving it. It may discuss the non-tax revenues and the policies concerning the same. Expenditure on revenue account, both plan and non-plan, may also be discussed with particular emphasis on the measures proposed to meet the overall objectives. It may discuss policies to contain expenditure on salaries, pensions, subsidies and interest payments. An assessment of the capital receipts may be made, including the borrowings and other liabilities as per policies spelt out. The statement may also give projections for GSDP and discuss it on the basis of assumptions underlying the indicators.
(ii) The use of capital receipts including market borrowings for generating productive assets. - The Medium Term Fiscal Policy Statement may specify the proposed use of capital receipts for generating productive assets in different categories. It may also spell out proposed changes among these categories and discuss them in terms of the overall policy of the State Government.
Form A-2
[See rule 7]
Fiscal Policy Strategy Statement
A. Prospects of the State's Economy and Fiscal Policy Overview. - This paragraph will present prospects for the State's economy and an overview of the fiscal policy.
B. Fiscal policy for the ensuing financial year. - This paragraph shall have five sub-paragraphs dealing with the topics mentioned below, -
(1) Tax Policy. - In the sub-paragraph on tax policy, major changes proposed to be introduced in direct and indirect taxes in the ensuing financial year will be presented.
(2) Expenditure Policy. - Under expenditure policy, major changes proposed in the allocation of expenditure shall be indicated. It shall also contain an assessment of principles regarding the benefits and target group of beneficiaries.
(3) Government Borrowing, Lending and Investments. - In this sub-paragraph on Government borrowings, the policy relating to internal debt, external debt, Government lending, investments and other activities; including principles regarding average maturity structure, bunching of repayments, etc. shall be indicated.
(4) Contingent and other Liabilities. - Any change in the policy on contingent and other liabilities and in particular guarantees which have potential budgetary implications shall be indicated.
(5) Levy of User Charges. - Any change proposed in the levy of user charges of public services shall be spelt out.
C. Strategic priorities for the ensuing year. -
(1) Resource mobilization for the ensuing financial year through tax, non-tax and other receipts shall be spelt out.
(2) The broad principles underlying the expenditure management during the ensuing year shall be spelt out.
(3) Priorities relating to management of public debt proposed during the ensuing year shall be indicated.
D. Rationale for policy changes. -
(1) The rationale for policy changes consistent with the Medium Term Fiscal Policy Statement, in respect of direct and indirect taxes proposed in the ensuing Budget shall be spelt out.
(2) The rationale for major policy changes in respect of budgeted expenditure including expenditure on subsidies and pensions shall be indicated.
(3) Rationale for changes, if any, proposed in the management of public debt shall be indicated.
(4) The need for changes, if any, proposed in respect of pricing of administered goods shall be spell out.
E. Policy evaluation. - This paragraph shall contain an evaluation of the changes proposed in the fiscal policy for the ensuing year with reference to fiscal deficit reduction and objectives set out in the Medium Term Fiscal Policy Statement.
Form B-1
[(See rule 8(1) (b)]
Tax Revenues raised but not realised (Principal Taxes)
(Rs. lakhs)
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Major Head
|
Description
|
Amounts under dispute
|
Total
|
Amount not under dispute
|
Total
|
Grand Total
|
|
Over one year but less than two years
|
Two years and above but less than 5 years
|
Five years and above
|
Ten years and above
|
Over one year but less than two years
|
Two years and above but less than 5 years
|
Five years and above but less than 10 years
|
Ten years and above
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
(12) |
(13) |
|
0028
|
(1) |
Taxes on Professions, Trades and Employment 0040
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(2) |
Sales Tax/VAT including taxes on Motor Spirits and
Lubricants.
|
|
|
|
|
|
|
|
|
|
|
|
|
0040
|
(3) |
Central Sales Tax.
|
|
|
|
|
|
|
|
|
|
|
|
|
0045
|
(4) |
Luxury Tax.
|
|
|
|
|
|
|
|
|
|
|
|
|
0042
|
(5) |
Entry Tax.
|
|
|
|
|
|
|
|
|
|
|
|
|
0029
|
(6) |
Land Revenue.
|
|
|
|
|
|
|
|
|
|
|
|
|
0030
|
(7) |
Stamps and Registration Fees.
|
|
|
|
|
|
|
|
|
|
|
|
|
0045
|
(8) |
Entertainment Tax.
|
|
|
|
|
|
|
|
|
|
|
|
|
0853
|
(9) |
Minor Minerals, etc.
|
|
|
|
|
|
|
|
|
|
|
|
|
0853
|
(10) |
Major Minerals.
|
|
|
|
|
|
|
|
|
|
|
|
|
0039
|
(11) |
State Excise.
|
|
|
|
|
|
|
|
|
|
|
|
|
0041
|
(12) |
Taxes on Vehicles.
|
|
|
|
|
|
|
|
|
|
|
|
|
0042
|
(13) |
Taxes on Goods and Passengers.
|
|
|
|
|
|
|
|
|
|
|
|
|
0043
|
(14) |
Electricity Duties.
|
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
|
|
|
|
|
|
|
|
|
Note. - The outstanding amount pertains to the end March figures for the previous year.
Form B-2
[See rule 8(1 )(b) ]
Arrears of Non-Tax Revenue
(Rs. in Crore)
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Major Head
|
Description
|
Less than one year
|
One year and above but less than two years
|
Two years and above but less than five years
|
Five years and above
|
Total
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
|
0047
|
(A) |
Interest Receipts, Dividends and Profits
|
|
|
|
|
|
|
0049
|
(i) |
Interest Receipts -
|
|
|
|
|
|
|
|
(a) |
From Departmental Commercial Undertakings:
|
|
|
|
|
|
|
|
(b) |
From Public Sector and Other Undertakings;
|
|
|
|
|
|
|
0050
|
(ii) |
Dividends and Profit.
|
|
|
|
|
|
|
|
(B) |
General Services
|
|
|
|
|
|
|
0055
|
(i) |
Police Receipts 0059
|
|
|
|
|
|
|
|
(ii) |
Public Works
|
|
|
|
|
|
|
|
(C) |
Economic Services
|
|
|
|
|
|
|
0853
|
(i) |
Royalty Receipts
|
|
|
|
|
|
|
0404
|
(ii) |
Dairy Development
|
|
|
|
|
|
|
0406
|
(iii) |
Forestry and Wild Life
|
|
|
|
|
|
|
0701
|
(iv) |
Major and Medium Irrigation
|
|
|
|
|
|
|
0425
|
(v) |
Co-operation
|
|
|
|
|
|
|
|
(D) |
Other Receipts (Social Services)
|
|
|
|
|
|
|
Total
|
|
|
|
|
|
Form B-3
[See rule 8(1) (c)]
Guarantees given by the Government
| | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Sr. No.
|
Name of the Department
|
Outstanding at the beginning of the previous year
(Rs. in Crores)
|
Additions during the year (Rs. Crores)
|
Deletions (other than invoked in the year (Rs.
Crores)
|
Invoked during the year
|
Outstanding at the end of the year (Rs. Crores)
|
Total guarantee entries at the end of previous
year
|
Guarantee Commission
|
Other material details
|
|
Discharged
|
Not Discharged
|
Receivable in the previous year
|
Received in the previous year
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
(12) |
|
1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.
|
|
|
|
|
|
|
|
|
|
|
|
Form B-4
[See rule 8(1) (d)]
Statement on the Number of Employee and Salary Expenditure
| | | | | |
| --- | --- | --- | --- | --- |
|
|
Category of Employees
|
Number of Employees
|
Salary Expenditure (in Crores)
|
Remarks
|
|
|
(1) |
(2) |
(3) |
(4) |
|
(A) |
Government
|
|
|
|
|
(B) |
Government Aided Institution
|
|
|
|
|
(C) |
Public Sector Units
|
|
|
|
|
|
Total (A+B+C)
|
|
|
|
Note. - The outstanding amount pertains to the end March figures for the previous year.
Form B-5
[See rule 8(1) (e)]
Statement of Government Expenditure
| | | | | |
| --- | --- | --- | --- | --- |
|
|
Object Head/Object of Expenditure\*
|
Previous Year Actuals
|
Current Year RE
|
Ensuing Year BE
|
|
|
|
(Y-2)
|
(Y-1)
|
(Y) |
|
|
(1) |
(2) |
(3) |
(4) |
|
1.
|
Salaries
|
|
|
|
|
2.
|
Wages
|
|
|
|
|
3.
|
Overtime Allowance
|
|
|
|
|
4.
|
Pensionary Charges
|
|
|
|
|
5.
|
Rewards
|
|
|
|
|
11.
|
Domestic Travel Expenses
|
|
|
|
|
12.
|
Foreign Travel Expenses
|
|
|
|
|
13.
|
Office Expenses
|
|
|
|
|
14.
|
Rent/rates and taxes
|
|
|
|
|
15.
|
Royalty
|
|
|
|
|
16.
|
Publications
|
|
|
|
|
17.
|
Computer Expenses
|
|
|
|
|
18.
|
Off-Day Compensation
|
|
|
|
|
19.
|
Diet Charges
|
|
|
|
|
20.
|
Other Administrative Expenses
|
|
|
|
|
21.
|
Supplies and Materials
|
|
|
|
|
22.
|
Arms and Ammunition
|
|
|
|
|
24.
|
Petrol, Oil, Lubricants
|
|
|
|
|
25.
|
Clothing and Tents
|
|
|
|
|
26.
|
Advertising and Publicity
|
|
|
|
|
27.
|
Minor Works
|
|
|
|
|
28.
|
Professional Services
|
|
|
|
|
29.
|
Purchase of Mill
|
|
|
|
|
31.
|
Grants-in-aid (salary) |
|
|
|
|
31.
|
Grants-in-aid (non-salary)
|
|
|
|
|
32.
|
Contributions
|
|
|
|
|
33.
|
Subsidies (salary) |
|
|
|
|
33.
|
Subsidies (non-salary)
|
|
|
|
|
34.
|
Scholarships/Stipend
|
|
|
|
|
41.
|
Secret-Service Expenditure
|
|
|
|
|
42.
|
Lump-sum Provision
|
|
|
|
|
43.
|
Suspense 45. Interest
|
|
|
|
|
50.
|
Other Charges
|
|
|
|
|
51.
|
Motor Vehicles
|
|
|
|
|
52.
|
Machinery and Equipment
|
|
|
|
|
53.
|
Major Works
|
|
|
|
|
54.
|
Investments
|
|
|
|
|
55.
|
Loans and Advances
|
|
|
|
|
56.
|
Re-payment of Borrowings
|
|
|
|
|
57.
|
Livestock 61. Depreciation
|
|
|
|
|
63.
|
Inter-Account Transfer
|
|
|
|
|
64.
|
Write-off Losses
|
|
|
|
|
|
Grant Total
|
|
|
|
|
70.
|
Deduct Recoveries
|
|
|
|
|
|
Net Total
|
|
|
|
\* Based on latest objectwise classification as per Government of India.
Form B-6
[See rule 8(1) (f)]
Components of Government Liabilities
(Rs. in crores)
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
No.
|
Category
|
Outstanding amount at beginning of the year
|
Raised during the Fiscal year
|
Repayment/Redemption during the Fiscal Year
|
Outstanding amount at the end of the year
|
Remarks
|
|
Previous Year Actuals
|
Current Year RE
|
Previous Year Actuals
|
Current Year RE
|
Previous Year Acutals
|
Current Year RE
|
Previous Year Actuals
|
Current Year RE
|
|
|
|
(Y-2)
|
(Y-1)
|
(Y-2)
|
(Y-1)
|
(Y-2)
|
(Y-1)
|
(Y-2)
|
(Y-1)
|
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
|
1.
|
Loans from Centre.
|
|
|
|
|
|
|
|
|
|
|
2.
|
Special Securities Issued to the NSSF.
|
|
|
|
|
|
|
|
|
|
|
3.
|
Borrowings from Financial Institutions/Banks.
|
|
|
|
|
|
|
|
|
|
|
4.
|
Market Borrowings.
|
|
|
|
|
|
|
|
|
|
|
5.
|
Ways and Means/OD from RBI.
|
|
|
|
|
|
|
|
|
|
|
6.
|
Provident Funds, etc.
|
|
|
|
|
|
|
|
|
|
|
7.
|
Reserve Deposits.
|
|
|
|
|
|
|
|
|
|
|
8.
|
Off-Budget Borrowings.
|
|
|
|
|
|
|
|
|
|
|
9.
|
Other Liabilities.
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
|
|
|
|
|
|
|
Form B-7
[See rule 8(1) (g)]
Miscellaneous Liabilities Outstanding
| | |
| --- | --- |
|
Name of Department
|
Outstanding Amount at the end of year (Y-2)
|
|
A. Major works, contracts and
supplies
B. Arrears of grants payable to various institutions including
Panchayat Raj
|
|
Only Major Works and Contracts above Rs. one crore each.
Form B-8
[See rule 8(1) (h)]
Quality of Investments Based on Outcomes (Expenditure) | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
No.
|
Sector
|
Indicator
|
Description of Units
|
Total amount in Previous Year (Y-1)
|
Total Units in Previous Year (Y-2)
|
Amount Per Unit in Previous Year (Y-1)
|
Remarked
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
|
1.
|
Roads
|
Amount spent per unit of RoadsAsphalting: New ConstructionAsphalting : Black Topping only
|
Rs. (Lakhs/ Lane kilometers
|
Rs. ....... LakhsRs. ..... LakhsRs. ...... Lakhs
|
Lane kms.Lane Kms.Lane Kms.
|
Rs. ........ (Lakhs) / Lane KilometersRs. .........
(Lakhs) / Lane KilometersRs. ......... (Lakhs)/ Lane
Kilometers
|
|
|
2.
|
Road
|
Water-bound macadam
|
Rs. (Lakhs) / Lane Kilometers
|
Rs. ...... Lakhs
|
Lane kms
|
Rs. ........ (Lakhs) / Lane kilometers
|
|
|
3.
|
Road
|
Cement concrete
|
Rs. (Lakhs) / Lane Kilometers
|
Rs. ...... Lakhs
|
Lane kms
|
Rs. ........ (Lakhs) / Lane kilometers
|
|
|
4.
|
Buildings
|
Amount spent per unit new building area made usable
|
Rs./ Sq. mt.
|
Rs. ...... Lakhs
|
Sq. mt.
|
Rs. ....... Sq. mt.
|
|
|
5.
|
Irrigation
|
Amount spent per unit of addition water storage created.
|
Rs. (Lakhs) / million meter cube
|
Rs. ........ Lakhs
|
Mm3
|
Rs. ......... (Lakhs) / Mm3
|
|
|
6.
|
Irrigation
|
Amount spent per unit increase in command area.
|
Rs. (Lakhs) / hectares
|
Rs. ....... Lakhs
|
hectares
|
Rs. ......... (Lakhs) / hectares
|
|
|
7.
|
Watersheds
|
Amount spent per unit on watersheds completed
|
Rs. watershed completed
|
Rs. ....... Lakhs
|
No. of watersheds
|
Rs. ........ (Lakhs) / Watershed.
|
|
|
8.
|
Watersheds
|
Amount spent per unit on watershed in progress
|
Rs. watershed work in progress
|
Rs. ........ Lakhs
|
No. of watersheds
|
Rs. ......... (Lakhs) / Watershed
|
|
|
9.
|
Power
|
Power Generated
|
Rs./ Unit Generated
|
Rs. ..... Lakhs
|
mill units
|
Rs. ......./ unit
|
|
|
10.
|
Power
|
Power purchased
|
Rs./ Unit purchased
|
Rs. ..... Lakhs
|
mill units
|
Rs. ......./ unit
|
|
|
11.
|
Power
|
Power Billed
|
Rs./ Unit Billed
|
Rs. ...... Lakhs
|
mill units
|
Rs. ......./ unit
|
|
|
12.
|
Power
|
Percentage collection
|
% collected of that billed
|
Rs. ...... Lakhs (collected) |
Rs. ....... Lakhs (Billed) |
....... %
|
|
Form B-9
[See rule 8(1) (i)]
Quality of Investments based on Outcomes (Revenue) (Revenue collection from select sections)
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
No.
|
Sector
|
Indicator Revenue collected
|
Description of Units
|
Total amount in Previous Year
|
Units in Previous Year (Y-1)
|
Revenue Collected per unit in Previous Year (Y-1)
|
Remarks
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
|
1.
|
Forestry
|
From forest area
|
Revenue collected per hectares
|
Rs. crore
|
hectares
|
Rs......../ hectares
|
|
|
2.
|
Sales Tax
|
From Sales Tax
|
100 x revenue collected as a % of GSDP
|
Rs. crore
|
-
|
..........%
|
|
|
3.
|
Professional Tax
|
From Professional tax
|
100 x revenue collected as a % of GSDP
|
Rs. crore
|
|
..........%
|
|
|
4.
|
Tax on goods and passenger
|
From tax on Goods and passenger
|
100 x revenue collected as a % of GSDP
|
Rs. crore
|
|
..........%
|
|
|
5.
|
Electricity Duty
|
From Electricity duty
|
100 x revenue collected as a % of GSDP
|
Rs. crore
|
OSDF at current prices
|
..........%
|
|
|
6.
|
Excise Duty
|
From Excise Duty
|
100 x revenue collected as a % of GSDP
|
Rs. crore
|
(Rs. in ...... crores)
|
..........%
|
|
|
7.
|
Stamps and Registration
|
From Stamps and Registration
|
100 x revenue collected as a % of GSDP
|
Rs. crore
|
|
..........%
|
|
|
8.
|
Taxes on vehicles
|
(i) From Light weight motor vehicles
|
100 x revenue collected as a % of GSDP
|
Rs. crore
|
|
..........%
|
|
|
9.
|
Taxes on vehicles
|
(ii) From Heavy weight motor vehicles
|
100 x revenue collected as a % of GSDP
|
Rs. crore
|
|
..........%
|
|
|
65ba5fe6ab84c7eca86eb17f | acts |
State of Tamilnadu- Act
-------------------------
Kanyakumari Sreepadam Lands (Abolition and Conversion into Ryotwari) Act, 1972
--------------------------------------------------------------------------------
TAMILNADU
India
Kanyakumari Sreepadam Lands (Abolition and Conversion into Ryotwari) Act, 1972
================================================================================
Act 11 of 1973
----------------
* Published on 1 March 1973
* Commenced on 1 March 1973
Kanyakumari Sreepadam Lands (Abolition and Conversion into Ryotwari) Act, 1972
(Tamil Nadu Act
11 of 1973
)
Statement of Objects and Reasons - Kanyakumari Sreepadam Lands (Abolition and Conversion into Ryotwari) Act, 1972 (Tamil Nadu Act 11 of l973). - In Kanyakumari district transferred to this State from the former State of Travancore-Cochin by the States Re-organisation Act, 1956 (Central Act 37 of 1956), there were certain special tenures prevalent. The following special enactments were passed for-abolishing the rights of certain intermediaries such as "thiruppuholders", "jenmies", etc.:-
(1) The Tamil Nadu (Transferred Territory) Ryotwari Settlement Act, 1964 (Tamil Nadu Act 30 of 1964).
(2) The Kanyakumari Sreepandaravaka Lands (Abolition and Conversion into Ryotwari) Act, 1964 (Tamil Nadu Act
31 of 1964
).
(3) The Tamil Nadu (Transferred Territory) Thiruppuvaram Payment Abolition Act, 1964 (Tamil Nadu Act 32 of 1964).
(4) The Tamil Nadu (Transferred Territory) Jenmikaram Payment Abolition) Act, 1964 (Tamil Nadu Act 39 of 1964).
2. There is another class of lands called Sreepadam lands belonging to the Royal family of Travancore covering an extent of 588.39 acres spread over the entire district. These lands are exempt from the basic land tax but are assessed of favourable rates of assessment called Rajab-hogam which the holders of the lands have to pay. In addition to Rajabhongam, the holders also pay rent in kind or cash to the Sreepadam owners. Two temples in Kanyakumari district are also maintained out of the income derived from the Sreepadam lands. The Government have decided to abolish the Sreepadam tenure in the district and grant Ryotwari patta to the land holders after carrying out the survey and settlement operations in respect of these lands.
3. The Bill seeks to give effect to the above objects.
Published in Part IV-Section 3 of the Tamil Nadu Government Gazette Extraordinary, dated the 19th August 1972, page 404.
Statement of Objects and Reasons - Tamil Nadu Hindu Religious and Charitable Endowments (Third Amendment) Act, 1974 (Tamil Nadu Act 50 of 1974). - The Kanyakumari Devaswom Board was constituted after the reorganisation of States as per the Tamil Nadu (Transferred Territory) Incorporated and Unincorporated Devaswoms Act, 1959 (Tamil Nadu Act 30 of 1959) for the administration, supervision and control over the Incorporated and Unincorporated Devaswoms and all their properties and funds, in the transferred territory, namely, the Kanyakumari district and the Shencottah taluk of the Tirunelveli district. There are four hundred and fifty eight Incorporated and thirty-two Unincorporated Devaswoms in the transferred territory. The Commissioner, Hindu Religious and Charitable Endowments has reported that there is no co-operation among the members of the Board and that as a result of this, the management of the Devaswoms suffers. The Government have now decided that the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959) be extended to the transferred territory with a provision for the appointment of a single Board of Trustees consisting of not more than five members for the administration of the Devaswoms in the transferred territory and their properties and funds.
2. It is proposed to make provision in the Act for the appropriation of surplus funds of the religious institutions, also for the performance of Hindu marriages among Hindus who are poor or in needy circumstances, in addition to the purposes mentioned in section 36.
3. The Government have decided to appoint executive officers for the temples under the control of maths and that such executive officers should be under the control of the trustees of the maths.
4. The Bill seeks to achieve the above objects.
Published in Part IV-Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 9th April 1974, page 153.
Received the assent of the President on 1st March 1973, and first published in Tamil Nadu Government Gazette Extraordinary, dated the 7th March 1973.
An Act to provide for the acquisition of the rights of the land holders in Sreepadam lands in the Kanyakumari district and the introduction of ryotwari settlement in such lands.
Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-third Year of the Republic of India as follows:-
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement.
(1) This Act may be called the Kanyakumari Sreepadam Lands (Abolition and Conversion into Ryotwari) Act, 1972.
(2) It extends to the whole of the Kanyakumari district.
(3) It shall come into force on such date as the Government may, by notification, appoint.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(1) "appointed day" means the date appointed by the Government under sub-section (3) of section 1;
(2) "Assistant Settlement Officer" means an Assistant Settlement Officer appointed under section 6 and having jurisdiction;
(3) "Director" means the Director of Settlements appointed under section 4;
(4) "fasli year" means the year commencing on the first day of July;
(5) "financial year" means the year commencing on the first day of April;
(6) "Government" means the State Government;
(7) "holding" means any Sreepadam land held by a tenant;
(8) "landholder" means the Sreepadam Palace and includes-
(i) any person to whom the ownership in any Sreepadam land has been transferred by the Sreepadam Palace; and
(ii) the heirs, legal representatives and assigns of such person;
(9) "rent" means whatever is lawfully payable, in money or in kind or in both, to the landholder by a person for the use or occupation of any Sreepadam land;
(10) "Settlement Officer" means a Settlement Officer appointed under section 5 and having jurisdiction;
(11) "Sreepadam Land" means land not being Sreepandaravaka land situate in the Kanyakumari district and owned by the Sreepadam Palace and includes any land entered as Sreepadam land in the revenue accounts in force on the appointed day, notwithstanding the ownership in such land has been transferred by the Sreepadam Palace to any other person.
Explanation. - For the purpose of this clause, "revenue accounts" means the approved jamabandi accounts and includes the settlement register;
(12) "Sreepadam Palace" means the Sreepadam Palace at Trivandrum;
(13) "tenant" means a person who holds Sreepadam lands on Sreepadam pattom or other favourable tenures, or on Kuthakapattom; and includes his heirs, legal representatives and assigns;
(14) "Tribunal" means a Tribunal constituted under section 8 and having jurisdiction.
Chapter II
Vesting of Sreepadam Lands in Government
--------------------------------------------------------
### 3. Vesting of Sreepadam lands in Government.
- With effect on and from the appointed day and save as otherwise expressly provided in this Act,-
(a) all Sreepadam lands shall stand transferred to the Government and vest in them free of all encumbrances and all enactment applicable to ryotwari lands in the Kanyakumari district shall apply to the Sreepadam lands;
(b) all rights and interests created by the landholder in or over such land before the appointed day, shall, as against the Government, cease and determine;
(c) the Government may, after removing any obstruction that may be offered, forthwith take possession of the Sreepadam lands and all accounts, registers, pattas, muchiliks, maps, plans and other documents relating to Sreepadam lands which the Government may require for the administration thereof:
Provided that the Government shall not dispossess any person who is personally cultivating any Sreepadam land, until the Assistant Settlement Officer and the Tribunal and the Special Appellate Tribunal, on appeal, if any, decide that such person is not actually entitled to a ryotwari patta in respect of that land under the provisions of this Act.
Explanation. - For the purposes of this proviso, a person is said to personally cultivate a land when he contributes his own physical labour or that of the members of his tarward, tavazhi or family in the cultivation of that land;
(d) the landholder and any other person whose rights stand transferred under clause (a) or cease and determine under clause (b) shall be entitled only to such rights and privileges as are recognised or conferred on him, by or under this Act;
(e) the rights and obligations in Sreepadam lands of the landholder as such shall be extinguished;
(f) any rights and privileges which may have accrued in any Sreepadam land to any person before the appointed day against the landholder shall cease and determine and shall not be enforceable against the Government or against the land holder, and every such person shall be entitled only to such rights and privileges as are recognised or conferred on him, by or under this Act.
### 4. Appointment and functions of the Director of Settlements.
- As soon as may be, after the publication of this Act in the Tamil Nadu Government Gazette, the Government shall appoint a Director of Settlements to carry out the functions and duties assigned to him by or under this Act. The Director shall be subordinate to the [Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
.
### 5. Appointment and functions of Settlement Officers.
(1) As soon as maybe, after the publication of this Act in the Tamil Nadu Government Gazette, the Government shall appoint one or more Settlement Officers to carry out the functions and duties assigned to them by or under this Act.
(2) Every Settlement Officer shall be subordinate to the Director and shall be guided by such lawful instructions as he may issue, from time to time; and the Director shall also have power to cancel or revise any of the orders, acts or proceedings of the Settlement Officer, other than those in respect of which an appeal lies to the Director under sub-section (6) of section 16 or sub-section (6) of section 30.
### 6. Appointment and functions of Assistant Settlement Officers.
(1) As soon as may be, after the publication of this Act in the Tamil Nadu Government Gazette, the Government may appoint one or more Assistant Settlement Officers to carry out the functions and duties assigned to them by or under this Act.
(2) Every Assistant Settlement Officer shall be subordinate to the Settlement Officer and shall be guided by such lawful instructions as he may issue, from time to time, and the Settlement Officer shall also have power to cancel or revise, within such period as may be prescribed, any of the orders, acts or proceedings of the Assistant Settlement Officer, other than those in respect of which an appeal lies to the Tribunal.
### 7. Powers of control of [the Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
.
- [The Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
shall have power-
(a) to give effect of the provisions of this Act;
(b) to issue instructions for the guidance of the Director, Settlement Officers and Assistant Settlement Officers;
(c) to cancel or revise, within such period as may be prescribed, any of the orders, acts or proceedings of the Director or the Settlement Officers.
### 8. Constitution of Tribunals.
(1) The Government shall constitute as many Tribunals as may be necessary for the purposes of this Act.
(2) Each Tribunal shall consist of one person only who shall be a judicial officer not below the rank of Subordinate Judge.
(3) Each Tribunal shall have such jurisdiction as the Government may, by notification from time to time, determine.
(4) Every Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act V of 1908) when trying a suit or when hearing an appeal.
Chapter III
Grant of Ryotwari Pattas
-----------------------------------------
### 9. Grant of ryotwari patta to landholder.
- The landholder shall, with effect on and from the appointed day, be entitled to a ryotwari patta in respect of all lands proved to have been cultivated by the landholder himself, or by the members of his tarward, tavazhi or family or by his own servants or by hired labour with his own or hired stock in the ordinary course of husbandry for a continuous period of three years immediately before the appointed day.
### 10. Grant of ryotwari patta to tenants and others.
(1) Every tenant shall, with effect on and from the appointed day, be entitled to a ryotwari patta in respect of the Sreepadam lands held by him on that day:
Provided that such land is proved to have been cultivated by the tenant himself or by the members of his tarward or tavazhi or family or by his own servants or by hired labour with his own or hired stock in the ordinary course of husbandry for a continuous period of three years immediately before the appointed day.
(2) Where no person is entitled to a ryotwari patta under section 9 or under sub-section (1) and the land vests in the Government, a person who had been personally cultivating such land for a continuous period of three years immediately before the appointed day shall be entitled to a ryotwari patta in respect of that land.
Explanation. - For the purposes of this sub-section, a person is said to personally cultivate a land when he contributes his own physical labour or that of the members of his tarward, tavazhi or family in the cultivation of that land.
(3) Any ryotwari patta granted under sub-section, (2), shall take effect on and from the date of the grant of such patta.
(4) Notwithstanding anything contained in sub-section (1) or sub-section (2), no tenant or person shall be entitled to a ryotwari patta in respect of any Sreepadam land under sub-section (1) or sub-section (2), if such tenant or person has voluntarily abandoned or relinquished his rights in respect of such land on or before the date of the decisions of the Assistant Settlement Officer under subsection (1) of section 11.
(5) Notwithstanding anything contained in section 9 or in this section, no ryotwari patta shall be granted in respect of any Sreepadam land falling under any of the categories specified below:-
(a) Roads, channels, threshing floor, cattle stands, village sites, cart tracks, temple sites; and
(b) such other lands set apart for the common use of the villager.
### 11. Determination of Sreepadam lands in respect of which any person is entitled to ryotwari patta.
(1) The Assistant Settlement Officer shall, subject to the provisions of sub-section (2), enquire into the claims of any person for a ryotwari patta under this Act in respect of any Sreepadam land and decide in respect of which land the claim should be allowed.
(2) (a)
Before holding the enquiry under sub-section (1) , the Assistant Settlement Officer shall give notice in the prescribed manner to the Tahsildar of the taluk in which the Sreepadam land is situated, to the landholder, the tenant concerned and to such other persons as may be prescribed.
(b) The Assistant Settlement Officer shall also publish in the prescribed manner in the village in which the Sreepadam land is situated, the notice referred to in clause (a) and after giving the parties who appear before him an opportunity to be heard and to adduce their evidence, give his decision.
(3) Against a decision of the Assistant Settlement Officer under sub-section (2), the Government may, within one year from the date of the decision, and any person aggrieved by such decision may, within three months of the said date, appeal to the Tribunal:
Provided that the Tribunal may, in its discretion, allow further time not exceeding two months for the filling of any such appeal:
Provided further that the Tribunal may, in its discretion, entertain an appeal by the Government at any time if it appears to the Tribunal that the decision of the Assistant Settlement Officer was vitiated by fraud or by mistake of fact.
### 12. Vesting of buildings.
(1) Every building situated in the Sreepadam land shall, with effect on and from appointed day, vest in the person who owned it immediately before that day; but the Government shall be entitled for each fasli year commencing with the fasli year in which the appointed day falls, to levy the appropriate assessment thereon.
(2) In this section, "building" includes the site on which it stands and any adjacent premises occupied as an appurtenance thereto.
Chapter IV
Survey and Settlement of Sreepadam Lands
--------------------------------------------------------
### 13. Survey and settlement of Sreepadam lands.
(1) In respect of every Sreepadam Land, survey shall be made and ryotwari settlement shall be effected in accordance with the provisions of the Tamil Nadu (Transferred Territory) Ryotwari Settlement Act, 1964 (Tamil Nadu Act 30 of 1964) (hereinafter referred to as the Settlement Act); and with effect on and from the appointed day, section 3 of that Act shall be deemed to have been repealed.
(2) Nothing in sub-section (1) shall be construed-
(i) as entitling any person to a ryotwari patta for any Sreepadam land in respect of which he has not made any claim under section 11; or
(ii) as empowering the appropriate officer or authority to re-open any decision made under section 11.
### 14. Liability to pay land revenue to Government.
(1) (a)
Every person who becomes entitled to a ryotwari patta under section 9 or sub-section (1) of section 10 in respect of any Sreepadam land shall, for each fasli year commencing with the fasli year in which the appointed day falls; and
(b) every person who becomes to a ryotwari patta under sub-section (2) of section 10 in respect of any Sreepadam land shall, for each fasli year commencing with the fasli year in which such patta is granted,
be liable to pay to the Government in respect of such land the ryotwari assessment under the Settlement Act and pending the ryotwari settlement under that Act be liable to pay land revenue at the rates specified in sub-section (2) .
(2) The rate of land revenue referred to in sub-section (1) shall be fixed by the prescribed authority and in so fixing, the prescribed authority shall have regard to the rate of assessment for the nearest ryotwari land of similar description and with similar advantages in the Kanyakumari district.
Chapter V
Determination and Payment of Compensation
--------------------------------------------------------
### 15. Payment of compensation to landholder.
- The Government shall pay to the landholder as compensation an amount equal to eight and one-third times the difference between the gross annual rent demand in respect of all Sreepadam lands (other than Sreepadam lands in respect of which a landholder is entitled to a ryotwari patta under this Act) and the Rajabhogam payable in respect of such lands to the Government.
### 16. Determination of compensation.
(1) The Settlement Officer shall, by order in writing, determine in respect of each landholder the compensation payable under section 15.
(2) Any landholder or other person interested may, within such time as may be prescribed or such further time as the Settlement Officer may, in his discretion allow, apply in writing to that officer for a copy of the data on the basis of which he proposes to determine the compensation payable.
(3) On receipt of such application, the Settlement Officer shall furnish the data aforesaid to the applicant; and he shall also, before passing any order under sub-section (1) give the applicant a reasonable opportunity of making his representations in regard thereto, in writing or orally.
(4) A copy of every order passed under sub-section (1), shall be communicated to the landholder and also to every applicant under sub-section (2).
(5) (i)
The Settlement Officer may, at any time, either suo motu or on the application of any person, review an order passed by him under sub-section (1) on any one or more of the following grounds, namely:-
(1) that the said order is vitiated by any clerical or arithmetical mistake or error apparent on the face of the record, or
(2) that subsequent to the passing of the said order, data for the better calculation of the compensation have become available, of
(3) that the said order requires to be modified in pursuance of the final order of any competent authority or Court:
Provided that the Settlement Officer shall not exercise the powers under this sub-section without giving the landholder concerned and every applicant under this sub-section and sub-section (2) , a reasonable opportunity of being heard.
(ii) A copy of every order passed under this sub-section shall be communicated to the Director and [the Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
and also to the landholder concerned and every applicant under this sub-section and sub-section (2) .
(6) Any person deeming himself aggrieved by an order made under sub-section (1) or sub-section (5), may, within one month from the date of the order or such further time as the Director may, in his discretion, allow appeal to the Director; and the Director shall, after giving the appellant a reasonable opportunity of being heard, pass such orders on the appeal as he thinks fit.
(7) [The Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
may, in its discretion, at any time, either suo motu or on the application of any person, call for and examine the record of any order passed, or proceeding taken, by the Director or the Settlement Officer under this section, for the purpose of satisfying itself as to the legality, regularity or propriety of such order or proceeding and pass such order in reference thereto as it thinks fit:
Provided that the compensation payable to a landholder shall not be altered by [the Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
without giving him and every person who has made an application under this sub-section and sub-section (2) , a reasonable opportunity of being heard.
(8) Notwithstanding anything contained in sub-section (7), [the Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
may, on application made to it by the Director or the Settlement Officer or by any other person in that behalf, review any order passed by it under sub-section (7) if it is of the opinion that the said order is vitiated by an error in the decision on a point of law or by mistake and may make such order on the application as it thinks fit:
Provided that no application for review shall be allowed by [the Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
without previous notice to the landholder and to the applicant, to enable them to appear and be heard in support of the order, a review of which is applied for.
(9) No order passed by the Settlement Officer under sub-section (1) or subsection (5) shall be liable to be cancelled or modified except by the Director or [the Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
as aforesaid or to be questioned in any Court of law; no order passed by the Director under sub-section (6) shall be liable, to be cancelled or modified except by [the Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
as aforesaid, or to be questioned in any Court of law; and no order passed by [the Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
under sub-section (7) or sub-section (8) shall be liable to be cancelled or modified by the Government or any other authority or to be questioned in any Court of law.
### 17. Deduction from compensation in certain cases.
(1) The Government shall be entitled to deduct from the aggregate of the compensation payable to the Sreepadam Palace under section 15, a sum of thirty thousand rupees towards the annual maintenance grants to be made by the Government to the Devaswoms specified in Part III of Schedule II to the Tamil Nadu (Transferred Territory) Incorporated and Unincorporated Devaswoms Act, 1959 (Tamil Nadu Act 30 of 1959).
(2) The Government shall be entitled to deduct from the aggregate of the compensation payable to any landholder under this Act, -
(a) all monies including Rajabhogam, if any, still remaining due to the Government from such landholder;
(b) all interim payments made under sub-sections (2) and (3) of section 26 in excess to the amounts finally found to be payable under that section.
### 18. Manner of payment of compensation.
- The compensation payable under this Act shall, after making the deductions mentioned in section 17, be paid in cash and in one lump-sum.
### 19. Commutation of paddy portion of rent.
- For the purposes of calculating the compensation payable under this Chapter, the paddy portion of rent shall be commuted into money at the rate of one rupee and twenty-five paise per standard para.
Explanation. - For the purposes of this section, "standard para" means a measure equivalent to 13.11 litres.
### 20. Payment on application.
(1) The amount of compensation payable to the landholder less the deductions mentioned in section 17 and the interim payments under section 26, shall, on application by the landholder concerned to such authority and within such a period as may be prescribed, be paid to him.
(2) In disposing of any application under sub-section (1), the prescribed authority shall follow such procedure as may be prescribed.
(3) Where it is alleged that the interest of the landholder entitled to receive payment of the compensation has devolved on any other person or persons, whether by act of parties or by operation of law, the prescribed authority shall determine whether there has been any devolution of the interest, and if so, on whom it has devolved, and the amount of compensation shall be paid to the persons on whom such interest has developed.
### 21. Appeal to Tribunal.
- Any person aggrieved by the decision of the prescribed authority under section 20 may, within three months from the date of the decision,appeal to the Tribunal:
Provided that the Tribunal may, in its discretion, allow further time not exceeding two months for filing of such appeal.
### 22. Appeal to the Special Appellate Tribunal.
(1) Against any decision of the Tribunal under sub-section (3) of section 11 or under section 21, the Government may, within six months from the date of the decision, and any person aggrieved by any such decision may, within three months from the date of the decision, appeal to the Special Appellate Tribunal consisting of two Judges of the High Court nominated, from time to time, by the Chief Justice in this behalf:
Provided that the Special Appellate Tribunal may, in its discretion, allow further time not exceeding three months for the filing of such appeal.
(2) The members of the Special Appellate Tribunal shall hear the appeal on all points, whether of law or the fact. Where on any such point or points the members are divided in their opinion, they shall state the point or points on which they are so divided and such point or points together with their opinion thereon shall, then, be laid before one or more Judges nominated for the purpose by the Chief Justice and such Judge or Judges shall hear the appeal in so far as it relates to such point or points and on each such point, the decision of the majority of the Judges who have heard the appeal including those who first heard it shall be deemed to be the decision of the Special Appellate Tribunal.
(3) The Special Appellate Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act V of 1908) when hearing an appeal.
(4) Every decision of the Special Appellate Tribunal, and subject to such decision, every decision of the Tribunal, shall be binding on all persons claiming an interest in any land notwithstanding that any such person has not preferred any application or filed any statement or adduced any evidence or appealed or participated in any proceeding before the Tribunal or the Special Appellate Tribunal, as the case may be.
### 23. Unclaimed and undisbursed amounts how dealt with.
(1) (a)
All amounts remaining unpaid and with reference to which no application for payments has been made within the time prescribed under section 20; and
(b) all amounts remaining unpaid after the expiry of a period of six months from the date of disposal of the application under section 20 or from the date of the decision on appeal under section 21 or 22, as the case may be, shall be deposited in the District Court having jurisdiction and in cases falling under clause (b), in the name of the person or persons in whose favour an order for payment has been made by the prescribed authority, or the Tribunal, or the Special Appellate Tribunal, as the case may be.
(2) All amounts deposited in the District Court under sub-section (1) shall be dealt with by the District Court in accordance with such rules as may be made by the Government in this behalf.
(3) Every person making a claim to, or enforceable against, any amount held in deposit under sub-section (1) shall apply to the District Court in the prescribed form setting forth his claim.
(4) The District Court shall, after giving notice to all persons who have applied under sub-section (3) and to any others whom it considers to be interested, make inquiry into the validity of the claims received by it and subject to the provisions of sub-section (5) determine the persons who are entitled to the amount held in deposit and the amount to which each of them is entitled.
(5) Every order for payment made by the prescribed authority, the Tribunal or the Special Appellate Tribunal in favour of any person shall be binding on the District Court.
### 24. Wrong and excess payments to be recoverable as land revenue.
- Where any payment made to any person is subsequently found to be not due to him or to be in excess of the amounts due to him, the amount which is found to be not due or which is in excess, as the case may be, with interest thereon at three per cent per annum or any portion thereof which cannot be otherwise adjusted by deduction from any amount due to such person shall be recoverable as if it were an arrear of land revenue.
### 25. Restriction on the jurisdiction of prescribed authority, Tribunal and Special Appellate Tribunal.
- In respect of the compensation finally determined under section 16 and the interim payments made under section 26, the jurisdiction of ' the prescribed authority, the Tribunal and the Special Appellate Tribunal shall be limited to the determination of the persons who will be entitled to the compensation or the interim payments, and the prescribed authority, the Tribunal or the Special Appellate Tribunal shall not have jurisdiction to go into the question of the correctness of the determination or the adequacy of the compensation or of the interim payments.
### 26. Interim payments to landholder.
(1) If the compensation payable is not finally determined before the close of the fasli year in which the appointed day falls, interim payments shall be made by the prescribed authority every fasli year prior to the fasli year in which the compensation is so determined.
(2) In respect of the fasli year in which the appointed day falls, the interim payments to be made shall be the aggregate of the annual amount of rent as roughly estimated by the prescribed authority after deducting therefrom the rent actually derived by the landholder before the appointed day in respect of the financial year concerned and the Rajabhogam payable to the Government.
(3) In respect of each of the subsequent fasli years, the interim payment to be made shall be the aggregate of the annual amount of rent roughly estimated as aforesaid after deducting therefrom the Rajabhogam payable to the Government.
(4) After the compensation has been finally determined, the prescribed authority shall ascertain.the aggregate interim payment which would have been due under sub-sections (2) and (3) for the fasli years concerned, if the rent as finally determined had been adopted instead of the rent roughly estimated.
(5) If the aggregate interim payment thus determined exceeds the aggregate interim payment already made, the balance with interest thereon at three per cent per annum shall be paid along with the compensation payable under this Act.
(6) If the aggregate interim payment determined under sub-section (4) is less than the aggregate interim payment already made, the excess amount paid shall be deducted from the amount of compensation payable under this Act and the balance shall be paid to the landholder.
(7) No interim payment made under this section shall be deemed to constitute any part of the compensation which the Government are liable to pay under section 15 or to any extent to be in lieu of such compensation.
### 27. Disbursement of compensation and interim payments.
- All payments of compensation and interim payments shall be made by the prescribed authority in accordance with its orders and decisions subject to the modifications, if any, made on appeal under this Act.
### 28. Contribution towards maintenance of certain devaswoms.
- The Government shall pay annually a sum of two thousand rupees to [the Board of Trustees constituted under clause (b) of sub-section (1) of section 47 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 22 of 1959)]
[Substituted for 'the Devaswom Board constituted under section 4 of the Tamil Nadu (Transferred Territory) Incorporated and Unincorporated Devaswoms Act, 1959 (Tamil Nadu Act XXX of 1959)' by section 18 of the Tamil Nadu Hindu Religious and Charitable Endowments (Third Amendment) Act, 1974 (Tamil Nadu Act 50 of 1974).]
for the administration, management and maintenance by the said Board of the devaswoms specified in Part III of Schedule II to the said Act.
Chapter VI
Recovery of Contributions from Pattadars
--------------------------------------------------------
### 29. Pattadars liable to pay contribution.
- The Government shall be entitled to collect from each pattadar and each pattadar shall be liable to pay to the Government, by way of contribution for every land in respect of which he has been granted a ryotwari patta, an amount equal to eight and one-third times the difference between the gross annual rent demand in respect of such land and the Rajabhogam payable in respect of such land to the Government.
Explanation. - For the purposes of this Chapter, "pattadar" means any person who, on the appointed day, was holding any Sreepadam land on kuthakapattom and to whom a ryotwari patta has been granted under the provisions of this Act.
### 30. Determination of contribution.
(1) The Settlement Officer shall, by order in writing, determine in respect of each pattadar the contribution payable by him under section 29.
(2) Any pattadar or other person interested may, within such time as may be prescribed or such further time as the Settlement Officer may, in his discretion, allow, apply in writing to that officer for a copy of the data on the basis of which he proposes to determine the amount of contribution payable under section 29.
(3) On receipt of such application, the Settlement Officer shall furnish the data aforesaid to the applicant; and he shall also, before passing any order under sub-section (1), give the applicant a reasonable opportunity of making his representation in regard thereto in writing or orally.
(4) A copy of every order passed under sub-section (1) shall be communicated to the pattadar and also to every applicant under sub-section (2).
(5) (i)
The Settlement Officer may, at any time either suo motu or on the application of any person, review an order passed by him under sub-section (1) on any one or more of the following grounds, namely:-
(1) that the said order is vitiated by any clerical or arithmetical mistake or error apparent on the face of the record; or
(2) that the said order requires to be modified in pursuance of the final order of any competent authority or Court:
Provided that the Settlement Officer shall not exercise the powers under this sub-section without giving the pattadar concerned and every applicant under this sub-section and sub-section (2) , a reasonable opportunity of being heard.
(ii) A copy of every order passed under this sub-section shall be communicated to the Director and the Board of Revenue1 and also to the pattadar concerned and every applicant under this sub-section (2).
(6) Any person deeming himself aggrieved by an order under sub-section (1) or sub-section (5), may, within one month from the date of the order or such further time as the Director may, in his discretion allow, appeal to the Director; and the Director shall, after giving the appellant a reasonable opportunity of being heard, pass such orders on the appeal as he thinks fit.
(7) [The Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Act 36 of 1980. Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
may, in its direction at any time, either suo motu or on the application of any person, call for and examine the record of any order passed or proceeding taken by the Director or the Settlement Officer under this section, for the purpose of satisfying itself as to the legality, regularity or propriety of such order or proceeding and pass such order in reference thereto as it thinks fit:
Provided that the amount of contribution payable by the pattadar shall not be altered by [the Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
without giving him and every person who has made an application under this sub-section and sub-section (2) , a reasonable opportunity of being heard.
(8) Notwithstanding anything contained in sub-section (7), [the Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
may, on application made to it by the Director or the Settlement Office or by any other person in that behalf, review any order passed by it under subsection (7) if it is of the opinion that the said order is vitiated by an error in the decision on a point of law or by mistake, and may make such order on the application as it thinks fit:
Provided that no application for review shall be allowed by [the Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
without previous notice to the pattadar and to the applicant, to enable them to appear and be heard in support of the order a review of which is applied for.
(9) No order passed by the Settlement Officer under sub-section (1) or subsection (5) shall be liable to be cancelled or modified except by the Director or the Board of Revenue3 as aforesaid or to be questioned in any Court of law; no order passed by the Director under sub-section (6) shall be liable to be cancelled or modified except by [the Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
as aforesaid or to be questioned in any Court of law; and no order passed by [the Board of Revenue]
[The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980 (Tamil Nadu Act 36 of 1980). Now, Commissioner of Land Administration, vide G. O. Ms. No. 2675, Revenue, dated the 1st December 1980.]
under sub-section (7) or sub-section (8), shall be liable to be cancelled or modified by the Government or any other authority or to be questioned in any Court of law.
### 31. Recovery of contribution payable under the Act.
(1) The amount of contribution payable by the pattadar under this Act shall be paid to the Government in ten equal annual instalments at such place, in such manner, and on such date and with interests at such rare may be prescribed:
Provided that a pattadar shall be entitled to pay the entire amount of contribution with a rebate of five per cent, within a period of two years from the date on which he becomes liable to pay the contributions:
Provided further that a pattadar shall be entitled to pay, at any time, any sum in excess of the annual instalment and such excess shall be adjusted towards the subsequent instalment or instalments.
(2) The amount of contribution payable to the Government under this Act may be recovered as if it were an arrear of land revenue.
### 32. Obligations of transferror and transferee to give notice of transfer.
(1) Whenever the title of any person primarily liable to the payment of contribution under this Act is transferred, the person whose title is transferred and the person to whom the same is transferred shall, within three months after the execution of the instrument of transfer or after its registration, if it be registered, or after the transfer is effected, if no instrument be executed, give notice of such transfer to the Settlement Officer or any other officer authorised in this behalf of the Government (hereinafter in this section referred to as the authorised officer).
(2) In the event of the death of any person primarily liable as aforesaid, the person to whom the title of the deceased shall be transferred as heir or otherwise, shall give notice of such transfer to the Settlement Officer or the authorized officer within one year from the death of the deceased.
(3) The notice to be given under this section shall be in such form as may be prescribed and the transferee or the person to whom the title passes, as the case may be, shall, if so required, be bound to produce before the Settlement Officer or the authorised officer, any document evidencing such transfer or succession.
(4) Every person who makes a transfer as aforesaid without giving such notice to the Settlement Officer or the authorised officer shall (in addition to any other liability which he may incur through such neglect) continue liable for the payment of the contribution in respect of the land transferred until he gives notice or until the transfer shall have been recorded in the revenue registers, but nothing in this section shall be held to affect the liability of the transferee for the payment of the said contribution.
Chapter VII
Miscellaneous
------------------------------
### 33. Rent, Rajabhogam, etc. to cease to accrue.
(1) The rent payable to the landholder by any person in respect of any Sreepadam land, shall cease to accrue with effect from the end of the financial year immediately preceding the appointed day.
(2) The Rajabhogam payable to the Government by any person in respect of any Sreepadam land shall cease to accrue with effect from the end of the fasli year immediately preceding the appointed day.
### 34. Transitional provision in regard to certain liabilities.
- All claims and liabilities enforceable immediately before the appointed day against the landholder in respect of any Sreepadam land shall, on or after that day, be enforceable against the compensation payable to the landholder under this Act to the same extent to which such claims and liabilities were enforceable against the interest of the landholder in the Sreepadam land immediately before the appointed day.
(2) No Court shall, on or after the appointed day, order or continue execution in respect of any decree or order passed against the landholder against the interest he had in the Sreepadam land and execution shall be ordered or continued in such cases in conformity with the provisions of sub-section (1) only as against the compensation payable to the landholder.
(3) No Court shall, in enforcing any claim or liability against the landholder in respect of any Sreepadam land, allow interest at a rate exceeding six per cent per annum simple interest for any period after the appointed day.
### 35. Collection of arrears.
(1) On and after the appointed day, the landholder shall not be entitled to collect any rent which accrued due to him from any person in respect of any Sreepadam land before, and is outstanding on that day; but the Tahsildar of the taluk concerned shall', subject to the provisions of sub-sections (3) to (5), be entitled to collect all such rent and any interest payable thereon together with any costs which may have been decreed, as if they were arrears of land revenue; and there shall be paid to the landholder all amounts so collected after deducting (a) two and a half per cent on account of collection charges, (b) the arrears of amount, if any, due from the landholder to the Government, and (c) the rent, if any, collected before the appointed day by the landholder from any person in respect of the financial year in which the appointed day falls.
(2) All amounts which the Tahsildar is entitled to collect under sub-section (1) shall be a first charge upon the land in respect of which such amounts are payable.
(3) Notwithstanding anything contained in sub-sections (1) and (2), all such arrears of rent as are referred to in sub-section (1) shall be deemed to be discharged whether or not a decree has been obtained therefor, if such person-
(a) has paid before the appointed day the rent due for the three financial years immediately preceding that day; or
(b) pays to the Tahsildar within three years of the appointed day and in not more than two instalments per year, an amount equal to the arrears of rent due for the three financial years immediately preceding the appointed day.
(4) In any suit or proceeding pending on the appointed day for the recovery of any arrears of rent referred to in sub-section (1), the Court or authority concerned shall, upon proof by the person of the payment as specified in clause (a) or clause (b) of sub-section (3) or upon deposit in the Court or before the authority of the amount equal to the arrears of rent for the three financial years immediately proceeding the appointed day, dismiss the suit or proceeding.
(5) If before the appointed day, any decree or order has been passed in any suit or proceeding for the recovery of any arrears of rent due from any person, in respect of any Sreepadam land, which is inconsistent with the provisions of this section, the Court or authority concerned shall, upon proof of the payment as specified in clause (a) or clause (b) of sub-section (3) or upon deposit in the Court or before the authority, of the amount equal to the arrears of rent due from the person for the three financial years immediately preceding the appointed day and on the application of any person affected by such decree or order, whether or not he was a party thereto, vacate the decree or order:
Provided that nothing contained in this sub-section shall apply to any suit or proceeding in which the decree or order has been satisfied in full before the appointed day.
### 36. Right of occupier not to be affected by temporary discontinuance of possession or occupation.
- Where a person-
(a) is entitled to the possession or occupation of any Sreepadam land immediately before the appointed day, but has transferred his right to the possession or occupation thereof or has been temporarily dispossessed or deprived of his right to the occupation thereof; and
(b) has not on that day lost his right to recover the possession or occupation of such land, he shall, for the purposes of this Act, and subject to the provisions thereof, be deemed to be in possession, or occupation, of such land:
Provided that any lawful transferee of the right to the possession or occupation of such land shall, save as otherwise expressly provided in this Act, continue to have the same rights against his transferror as he had immediately before the appointed day.
### 37. Res judicata.
(1) The decision of a Tribunal or the Special Appellate Tribunal in any proceeding under this Act on any matter falling within its jurisdiction shall be binding on the parties thereto and persons claiming under them, in any suit or proceeding in a Civil Court, in so far as such matter is in issue between the parties or persons aforesaid in such suit or proceeding.
(2) The decision of a Civil Court, (not being the Court of a District Munsif or a Court of Small Causes) on any matter falling within its jurisdiction shall be binding on the parties thereto and persons claiming under them in any proceeding under this Act before a Tribunal or the Special Appellate Tribunal in so far as a such matter is in issue between the parties or persons aforesaid in such proceeding.
### 38. Limitation.
(1) A copy of every decision or order in any proceeding against which an appeal or revision is provided for under this Act shall be communicated in such manner as may be prescribed.
(2) For the purpose of computing the period of limitation in respect of any appeal or application for revision against any decision or order, the date of receipt of a copy of the decision or order by the appellant or applicant shall be deemed to be the date of the decision or order.
(3) The provisions of section 4 and sub-section (1) and sub-section (2) of section 12 of the Limitation Act, 1963 (Central Act 36 of 1963) shall, so far as may be, apply to any appeal or application for revision under this Act.
(4) Where under this Act an appeal or application for revision may be preferred to any authority or officer within a prescribed period or within such further time not exceeding a specified period as may be allowed by such authority or officer, the further time aforesaid shall be computed on and from the expiry of such prescribed period computed in accordance with the provisions of sub-sections (2) and (3).
### 39. Finality of orders passed under this Act.
(1) Any order passed by any officer, the Government or other authority or any decision of the Tribunal or the Special Appellate Tribunal under this Act in respect of matters to be determined for the purposes of this Act shall, subject only to any appeal or revision provided under this Act, be final.
(2) No such order or decision shall be liable to be questioned in any Court of law.
### 40. Jurisdiction of Courts barred in certain cases.
(1) No suit or other proceeding shall lie against the Government for any act done or purporting to be done under this Act or any rule made thereunder.
(2) (a)
No suit, prosecution, or other proceeding shall he against any officer or servant of the Government for any act done or purporting to be done under this Act or any rule made thereunder without the previous sanction of the Government.
(b) No officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith in the course of the execution of the duties, or the discharge of the functions imposed by or under this Act.
(c) No suit, prosecution or other proceeding shall be instituted against any officer or servant of the Government for any act done or purporting to be done under this Act or any rule made thereunder after the expiry of six months from the date of the Act complained of.
### 41. Liability of person unauthorisedly occupying Sreepadam land to forfeiture of crops, etc.
- When, under this Act, any person is dispossessed of any Sreepadam land, any crop or other produce raised on the land and any building or other construction erected or anything deposited thereon shall, if not removed by him after such written notice as the officer who issued the order for dispossession may deem reasonable, be liable to forfeiture. Forfeiture under this section shall be adjudged by the said officer and any property so forfeited shall be disposed of in such manner as that officer may direct.
### 42. Provision for Sreepadam staff.
- Notwithstanding any law, custom or contract to the contrary, the following provisions shall apply in regard to the persons employed in the Sreepadam office in Kanyakumari district immediately before the appointed day:-
(1) The Government shall have power to terminate the services of any such person after giving him one calendar month's notice or paying him one month's pay in lieu of such notice.
(2) Persons whose services are retained shall be governed by such rules as the Government may make in regard to them.
### 43. Power to make rules.
(1) The Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generally of the foregoing power, such rules may provide for-
(a) all matters expressly required or allowed by the Act to be prescribed;
(b) the time within which a claim under section 11 may be made;
(c) the procedure to be followed by the Tribunal, the Special Appellate Tribunal, authorities and officers appointed, or having jurisdiction under this Act;
(d) the delegation of powers conferred by this Act on the Government or any other authority, officer or person;
(e) the time within which appeals and applications for revision may be presented under this Act in cases for which no specific provision in that behalf has been made therein;
(f) the application of the provisions of the Code of Civil Procedure, 1908 (Central Act V of 1908) to applications, appeals and proceedings under this Act;
(g) the fees to be paid in respect of applications and appeals under this Act;
(h) the transfer of proceedings from one Tribunal, authority or officer to another.
(3) A rule made under clause (d) of sub-section (2) may provide for restrictions and conditions subject to which the power delegated may be exercised and also for control and revision by the delegating authority, either suo motu or on application, of the orders of the authority or person to whom the power is delegated.
(4) (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.
(5) 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]
[Substituted for 'both Houses of Legislature' by paragraph 3(2) of the Tamil Nadu Adaptation of Laws Order, 1987.]
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 Houses agree' by paragraph 3(2) of the Tamil Nadu Adaptation of Laws Order, 1987.]
in making any modification in any such rule or notification or [Legislative Assembly agrees]
[Substituted for 'both Houses agree' by paragraph 3(2) of 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.
### 44. Act to override contract and other laws, etc.
- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law, custom, usage or contract.
### 45. The Sreepadam Palace not liable to maintain certain Devaswoms.
- With effect on and from the appointed day, the Sreepadam Palace shall not be liable to maintain the Devaswoms mentioned in Part III of Schedule II to the Tamil Nadu (Transferred Territory) Incorporated and Unincorporated Devaswoms Act, 1959 (Tamil Nadu Act 30 of 1959) and the right to administer the said Devaswoms by the Sreepadam Palace shall cease.
### 46. Amendment of Tamil Nadu Act 30 of 1959.
- In the Tamil Nadu (Transferred Territory) Incorporated and Unincorporated Dewaswoms Act, 1959 (Tamil Nadu Act 30 of 1959).
(i) in section 24, the Explanation shall be numbered as Explanation I and after Explanation I as so numbered, the' following Explanation shall be added, namely:
"Explanation II. - The sum of two thousand rupees paid annually by the Government to the Board under section 28 of the Kanyakumari Sreepadam Lands (Abolition and Conversion into Ryotwari) Act, 1972 shall be deemed to be the funds of the Unincorporated Devaswoms mentioned in Part III of Schedule II";
(ii) in Schedule II, after Part II, the following Part shall be added, namely:-
Part III – {|
---------------
|-
| Name of Group
| Name of Devaswom
|-
| (1) | (2)
|-
| Padmanabhapuram Group
| 1. Muttakkad Bhoothathan, Rothanalloor.
|-
|
| 2. Attinkara Padmanayyan, Kadiapattanam.
|}
|
65baaa66ab84c7eca86ec4d2 | acts |
State of Gujarat - Act
------------------------
Saurashtra Land Reforms Act, 1951
-----------------------------------
GUJARAT
India
Saurashtra Land Reforms Act, 1951
===================================
Act 25 of 1951
----------------
* Published on 23 July 1951
* Commenced on 23 July 1951
Saurashtra Land Reforms Act, 1951
(Saurashtra Act
No. 25 of 1951
)
Last Updated 9th March, 2020
[23rd July, 1951]
For Statement of objects and Reasons See Saurashtra Government Gazette, 1951, Part I-A Pages 309-313.
Nothing in the Gujarat Surviving Alienation abolition Act, 1963 (Guj. XXXIII of 1963) shall apply to any land tenure or cash allowance or allowance in kind to which the provisions of the Saurashtra Land Refors Act, 1951 (Sau. Act, No. XXV of 1951) is applicable. (See s.4 of the Gujarat Surviving Alienation abolition Act, 1963 read with Schedule appended thereto.)
An Act to provide for certain measures of land reforms in Saurashtra.
Whereas for the improvement of land revenue administration and for ultimately putting an end to the Girasdari system, it is necessary to regulate the relationship between the Girasdars and their tenants, to enable the latter to become occupants of the land held by them and to provide for the payment of compensation to the Girasdars for the extinguishment of their rights:-
It is hereby enacted as follows :-
Chapter I
. Preliminary.
-----------------------------
### 1. Short title, extent and commencement.
(1) This Act may be called the Saurashtra Land Reforms Act, 1951.
(2) It extends to the whole of [Saurashtra area of the [State of Gujarat]
[These words were substituted for the words 'State of Saurashtra' by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
].
(3) It shall come into force on such date as the [Government]
[This word was substituted for the words 'State Government' by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
may, by notification in the Official Gazette, [appoint]
[This Act has been brought into force on 1st September, 1951 by Revenue Department notification No. RD/IV/1783, dated 18th August, 1951.]
.
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context:-
(1) "agricultural land" means any land, including wells, which is used for the purpose of agriculture and includes-
(a) sites of farm buildings appurtenant to land used for agricultural purposes; and
(b) sites of dwelling houses and wadas occupied by agriculturists, agricultural labourers or artisans and land appurtenant to such dwelling houses;
(2) "agriculture" includes horticulture and the raising of crops, fodder or garden produce;
(3) "agriculturist" means a person who cultivates the land personally;
(4) "bhagdar" means a share-holder of a talukdar;
(5) "bhayat" means any person who was recognised as such either by the late Rajasthani Court, the late Political Agency or the late Western India States Agency, or any heir or successor of such person, provided that where the great-grand-father, grand-father or father is alive, only the great-grand father, grand-father or the father, as the case may be, who is alive shall be deemed to be the bhayat for the purpose of this Act ;
(6) "bid land" means such land as has been used by the Girasdar for grazing his cattle or for cutting grass for the use of his cattle;
(7) "cadet" means a brother or a son of a ruler to whom a grant of land was made by such ruler after the 14th day of August, 1947, and who is allowed to retain such grant by the Government or any heir or successors of such person ;
(8) "Code" means the Bombay Land Revenue Code, 1879, as adapted and applied to the [Saurashtra area of the [State of Gujarat]
[These words were substituted for the word 'State 'by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
] ;
(9) "Collector" includes an officer appointed by the Government to exercise the powers, and perform the functions of the Collector under this Act ;
(10) "cultivate" means to carry on agricultural operation;
(11) "cultivate personally" or any cognate expression means to cultivate on one's own account:-
(a) by ones own labour,
(b) by the labour of any member of ones family, or
(c) by servants on wages payable in cash or in kind but not in a share of the crops or by hired labour, under ones personal supervision or the personal supervision of any member of ones family.
Explanation. I. -An agriculturist who is a widow or a minor or is subject to any physical or mental disability or who is in service as a member of the Armed Forces shall be deemed to cultivate the land personally if it is cultivated by the servants or by hired labour of such person.
Explanation. II. - In the case of an undivided Hindu family, the land shall be deemed to have been cultivated personally if it is cultivated by any member of such family;
(12) "economic holding" in relation to any region specified in column I of the First Schedule, means a holding of land of an area shown in the corresponding entry in column 2 thereof ;
(13) "estate" means all land of whatever description or an undivided share thereof held by a Girasdar and includes un-cultivable waste, whether such land is used for the purposes of agriculture or not ;
(14) "Gharkhed" means any land reserved by or allotted to, a Girasdar before the 20th May, 1950 for being cultivated personally, and in his personal cultivation :
Provided that where such reservation in respect of any land was made by the Girasdar after the 1st day of January, 1948, but before the 20th May, 1950, and an application disputing such reservation was made to the competent authority before the [1st May, 1951]
[These words and figures were substituted for the words and figures '20th May, 1950' by Saurashtra Act No. 1 of 1952, s.2.]
and is pending at the commencement of this Act, the said authority shall decide whether the land shall be Gharkhed:
Provided further that where such reservation was made in respect of any land by the Girasdar after the 20th May, 1950, or where such reservation having been made at any time between the 1st January, 1948, and the 20th May, 1950, the land was let out to another tenant after the 20th May, 1950, a tenant aggrieved in consequence of such reservation or letting out, as the case may be, may file an application to the Mamlatdar within 90 days from the commencement of this Act, and the Mamlatdar shall decide such application in accordance with the provisions of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949, (Ord. No. XLI of 1949) and if he decides that the tenant was dispossessed from the land in contravention of the provisions of that Ordinance, or that the tenant is entitled to restoration of the land, that land shall not be deemed to be Gharkhed.
Explanation. - For the purposes of this clause, any land reserved by, or allotted to a Girasdar for being cultivated personally after 1st January, 1948, shall continue to be Gharkhed notwithstanding -
(a) that the Girasdar has allowed the land to be cultivated by the tenant cultivating the same on 1st January, 1948, under the provisions of clause (h) of section 2 of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949; or
(b) that at any time after the 1st January, 1948, but before the 20th May, 1950, the land was given to a tenant for being cultivated by him ;
(15) "Girasdar" means any talukdar, bhagdar, bhayat, cadet or mul-girasia and includes any person whom the Government may, by notification in the Official Gazette, declare to be a Girasdar for the purposes of this Act;
(16) [ \* \* \* \*]
[Clause (16) was deleted by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
.
(17) "holding" means a parcel or parcels of land or an undivided share thereof, held by a tenant or an occupant and forming the subject of a separate tenancy or occupancy holding as the case may be ;
(18) "land" means any agricultural land, bid land or cultivable waste;
(19) "Mamlatdar" includes Mahalkari, and any officer appointed by the Government for performing all or any of the functions of a Mamlatdar under this Act ;
(20) "Mul-girasia" means any person who was recognised as such either by the late Rajasthanik Court, the late Political Agency, or the late Western India States Agency, or any heir or successor of such person, provided that where the great-grand-father, grand-father or father of any Mul-girasia is alive, only the great-grand-father, grand-father or father, as the case may be, who is alive shall be deemed to be a Mul-girasia for the purposes of this Act;
(21) "occupancy rights" means all the rights which an occupant has under this Act or under the Code in respect of land held by him as an occupant;
(22) "occupant" means a person who is in lawful possession of any land held directly from the [Government]
[This word was substituted for the word 'State', by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
and who has all the rights which an occupant has under this Act, or under the Code, in respect of land held by him as an occupant ;
(23) "person" includes an undivided Hindu family;
(24) "prescribed" means prescribed by rules made under this Act ;
(25) "Schedule" means a Schedule to this Act ;
(26) "Settlement Commissioner" means an officer appointed as such by the Government under this Act ;
(27) [ \*\*\*\*]
[Clause (27) was deleted by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
(28) "Talukdar" means a talukdar whose name stood on the Tribute list maintained by the late Political Agency on the 14th August, 1947, or who owned an estate on political tenure subject to administrative charges on the 14th August, 1947, and includes any bhagdar (share-holder) and peta-bhagdar (sub-sharer) or any heir or successor of such person provided that where the great-grand-father, grand-father or father of any talukdar is alive, only the great-grand-father, grand-father or the father, as the case may be, who is alive shall be deemed to be talukdar for the purposes of this Act ;
(29) "tenancy" means the relationship of Girasdar and tenant in respect of a holding;
(30) "tenant" means an agriculturist who holds land on lease from a Giras- dar or a person claiming through him, and includes a person who is deemed to be a tenant under the provisions of this Act ;
(31) "Tribunal" means the Saurashtra Revenue Tribunal ;
(32) "year" or "revenue year" means the year ending on the 31st day of July;
(33) all words and expressions, used but not defined, in this Act and defined in the Code shall have the meanings assigned to them in the Code.
### 3. Act to over-ride other laws.
- Save as otherwise expressly provided in this Act, the provisions of this Act and of the rules and orders made thereunder shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law or any usage, agreement, settlement, grant, sanad or any decree or order of any court or other authority,
Chapter II
. Land Revenue And Classification of Girasdars.
---------------------------------------------------------------
### 4. All Girasdari land liable to payment of land revenue.
- It is hereby declared that all land of whatever description held by a Girasdar is and shall continue to be liable to the payment of land revenue to the [ [ State of Gujarat.]
[These words were substituted for the word 'State' by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
].
### 5. Classification of Girasdars.
(1) For the purposes of making allotment of land under Chapter IV, or of payment of rehabilitation grant under Chapter VI, or of assessment of land revenue payable under section 40, Girasdars may, subject to the provisions of this section, be classified as follows, namely:-
(a) a Girasdar shall be deemed to belong to A class if the total area of agricultural land comprised in his estate exceed eight hundred acres :
(b) a Girasdar shall be deemed to belong to B class if the total area of agricultural land comprised in his estate exceeds one hundred and twenty acres but does not exceed eight hundred acres ;
(c) a Girasdar shall be deemed to belong to C class if the total area of agricultural land comprised in his estate does not exceeds one hundred and twenty acres :
Provided that a Girasdar owning one or more villages shall be deemed to belong to A class irrespective of the total area of agricultural land comprised in his estate.
(2) Where for the purpose of making an allotment of land to a Girasdar under Chapter IV, it is necessary to ascertain the class to which he belongs and the total area of the agricultural land comprised in his estate, such total area shall include agricultural land in respect of which the vaje belongs exclusively to the Girasdar, notwithstanding that the santi vero in respect of such land belongs to the [State,]
[The word 'State' remains unmodified by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
but shall not include any agricultural land-
(a) in respect of which a tenant has acquired chav or buta hak; or
(b) which is held by a Girasdar in any Girasdari Majmu village specified in the Second Schedule ; or
(c) in the vaje or the produce of which the 1State had a share on or before the 1st January, 1948 ; or
(d) in which there is any mine, minerals, stones, coal, kankar, trees, aval, or any other similar thing which on or before 1st January, 1948, belonged exclusively to the State or to the 1State jointly with the Girasdars.
Explanation. - For the purpose of this sub-section, agricultural land shall not include sites of farm buildings or of dwellings or wadas.
(3) Where for the purpose of payment of rehabilitation grant to a Girasdar under Chapter VI, or for determining the assessment payable by him under section 40, it is necessary to ascertain the class to which he belongs and the total area of agricultural land comprised in his estate, such total area shall include agricultural land-
(a) in respect of which the vaje belongs exclusively to the Girasdar, not-withstanding that the santi vero in respect of such land belonged to the State;
(b) in respect of which a tenant has acquired chav or buta hak;
(c) which is held by a Girasdar in any Girasdari Majmu village specified in the Second Schedule;
(d) in the vaje or the produce of which the [State]
[The word 'State' remains unmodified by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
had a share on or before the 1st January, 1948; and
(e) in which there is any mine, mineral, stone, coal, kankar, trees, aval or any other similar thing which on or before 1st January, 1948, belonged exclusively to the [State or to the]
[This proviso was added by Saurashtra Act No. XXXV of 1954.]
[State]
[The word 'State' remains unmodified by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
jointly with the Girasdar.
Explanation. - For the purposes of this section " [State]
[The word 'State' remains unmodified by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
" means any Covenanting slate or any talukdar who has accepted privy purse.
Chapter III
. Girasdars And Their Relationship With Tenants
----------------------------------------------------------------
### 6. Persons when deemed to be tenants.
(1) Any person who is lawfully cultivating any land belonging to a Girasdar, shall for the purposes of this Act, be deemed to be the tenant :
Provided that no such person shall be deemed to be a tenant if he-
(a) is a member of the Girasdar's family; or
(b) is a servant on wages payable in cash or in kind but not in a share of the crops, or is a hired labourer cultivating the land under the personal supervision of the Girasdar or any member of his family; or
(c) is a mortgagee in possession.
Explanation. - A person who is otherwise deemed to be a tenant shall not cease to be a tenant, only on the ground that he is also a mortgagee in possession.
(2) A tenant who, on joining the Armed Forces of India, had given land for cultivation to a sub-tenant, shall be deemed to be a tenant for the purposes of this Act.
(3) Notwithstanding anything contained in sub-section (1), a person shall not be deemed to be a tenant under this section if such a person has been previously declared by a competent authority not to be a tenant.
### 7. Restrictions on rent.
- It shall not be lawful for a Girasdar to recover from any tenant in respect of any holding of that tenant any rent exceeding an amount equal to one and a half times the assessment thereon :
[Provided that where a tenant has not filed an application on or before the 3lst December, 1954, for the acquisition of occupancy rights in respect of his holding under section 28, the Girasdar may recover after that date any rent not exceeding an amount equal to two and a half times the assessment on such holding.]
[This proviso was added by Saurashtra Act No. XXXV of 1954.]
### 8. Cess, rate, hak tax or service not leviable.
- It shall not be lawful for a Girasdar to levy or receive from any tenant in respect of any holding of that tenant any cess, rate, hak, tax or service of any description or denomination whatsoever in addition to the rent lawfully recoverable under section 7.
### 9. Penalty, refund and compensation.
- If the Mamlatdar, after due inquiry in the prescribed manner, is satisfied that a Girasdar has recovered any rent, cess, hak, rate, tax or received any service from any tenant in contravention of the provisions of section 7 or section 8, the Mamlatdar may dirct the Girasdar-
(a) to pay to the Government as penalty such sum not exceeding one thousand rupees as the Mamlatdar deems fit;
(b) where the Girasdar has made any such unlawful recovery as aforesaid from the tenant, to refund such amount to the tenant; or
(c) where the Girasdar has received any service from any tenant, to pay to the tenant such sum by way of compensation as the Mamlatdar deems fit.
### 10. Land revenue payable by Girasdar.
- A Girasdar shall, in respect of any land for which rent is payable to him by a tenant, be liable to pay to the Government as land revenue a sum equal to twelve and half per cent of the assessment on that land.
### 11. Suspension or remission of rent.
(1) Whenever from any cause the payment of the whole of land revenue payable to the Government by a Girasdar in respect of any land is suspended or remitted, the Girasdar shall suspend or remit, as the case may be, the payment to him of the rent of such land by his tenant. If in the case of such land, the land revenue is partially suspended or remitted, the Girasdar shall suspend or remit the rent payable by the tenant of such land in the same proportion.
(2) No application for assistance under sections 86 and 87 of the Code shall be entertained, no suit shall lie and no decree of a Civil Court shall be executed for the recovery by a Girasdar of any rent, the payment of which has been remitted, or during the period for which the payment of such rent has been suspended under this section. The period during which the payment of rent is suspended under this Section shall be excluded in computing the period of limitation prescribed for any suit or proceeding for the recovery of such rent.
(3) Notwithstanding anything contained in sections 86 and 87 of the Code, the Collector shall, in passing an order under sub-section (2) of section 87 of the Code, for rendering assistance to the Girasdar, allow to the tenant set-off for the sum, if any, paid by such tenant to the Girasdar in excess of the amount of rent due from him after deducting the amount required to be remitted under sub section (1) of this section. The set-off under this sub-section shall be allowed only in respect of the sums paid by such tenant to such Girasdar during a period of three years immediately preceding the date of the application made under section 86 of the Code,
(4) If any Girasdar fails to suspend or remit the payment of rent as provided in this section, he shall be liable to refund to the tenant the amount recovered by him in contravention of this section. The tenant may apply to the Mamlatdar for the recovery of the amount and the Mamlatdar may, after making an inquiry, make an order for the refund.
### 12. Termination of Tenancy.
(1) No tenancy shall be terminated except in accordance with the previsions of Chapter IV, or except on the following grounds, namely:-
(a) that the tenant has failed to pay in any year, within fifteen days from the day fixed for the payment of the last instalment of the land revenue in accordance with the rules made under the Code for that year, the rent for that year; or
(b) that the tenant has done any act which is destructive or permanently injurious to the land comprised in the holding; or
(c) that the tenant has subject the holding or failed to cultivate it personally; or
(d) that the tenant has used the land for a purpose other than agriculture.
(2) Notwithstanding anything contained in sub-section (1), the tenancy in respect of any holding of a tenant who is a widow or a minor or who is subject to physical or mental disability shall not be liable to be terminated under the said sub-section only on the ground that the land has been sublet on behalf of the said tenent.
### 13. Belief against termination of tenancy for non-payment.
- Where any tenancy is terminated for non-payment of rent and the Girasdar files any proceeding before the Mamlatdar to eject the tenent, the Mamlatdar shall call upon the tenent to tender to the Girasadr the rent in arrears together with the cost of the proceeding, within fifteen days from the date of the order, and if the tenent complies with such an order, the Mamlatdar shall, in lieu of making an order for ejectment, pass an order directing that the tenancy had not been terminated and thereupon the tenent shall hold the land as if the tenancy had not been terminated.
### 13A. [ Termination of tenancy not to take effect in certain cases.
[This section was inserted by Saurashtra Act No. XXXVI of 1953.]
(1) Where a tenant has failed to comply with the order of the Mamlatdar asking him to pay the arrears of rent together with the cost of proceedings under section 13, the termination of tenancy shall not take effect till any appeal or revision application against any order passed in the proceedings started before the Mamlatdar under section 13, pending on the date of the commencement of the Saurashtra Land Reforms (Second Amendment) Act, 1953, is disposed of, and in cases in which no such appeal or revision application is pending on such date, till the expiry of four months from the the date of the order of the Mamlatdar.
(2) If during the pendency of any such appeal or revision application on the date first mentioned in sub-section (1), or, where no such appeal or revision application is pending, within four months from the date of the order of the Mamlatdar, the tenent makes payment of an amount equal to six times the assessment, as provided in sect on 28, together with arrears of rent with in terest at the rate of 6% per annum and the costs of all the proceedings, if any, the tenancy shall not be deemed to have been terminated.
(3) The Mamlatdar shall report the fact of such payment to the authority before whom the appeal or revision application may be pending and thereupon the proceedings in the appeal or revision application shall abate and the Mamlatdar shall proceed in accordance with the provisions of Chapter V].
### 13B. [ Assistance to Girasdar for recovery of rent.
[This section was inserted by Saurashtra Act No. XXXVI of 1953.]
- Notwithstanding anything contained in section 86 of the Code, the Girasdar shall, upon written application to the Mamlatdar, be entiteled to assistance, by the use of precautionary and other measures, except that contained in section 137 of the Code, and in the same manner as prescribed in Chapter XI of the Code, for the recovery of rent payable to him by the tenant:
Provided that no such application shall be entertained for the recovery of rent a suit for which has become barred under the Indian Limitation Act, 1908 at the date of such application.]
### 14. Bar to eviction from drwelling-house.
(1) If in any village, a tenant is in occupation of a dwelling-house built on a site belonging to his Girasdar, such tenant shall not be evicted from such dwelling-house or the land immediately appurtenant thereto and necessary for its enjoyment unless-
(a) the Girasdar proves that the dwelling-house was not built at the expense of such tenant or his predecessor-in-title, and
(b) such tenant makes a default in payment of rent, if any, which he has been paying for the use and occupation and such house.
(2) The provisions of sub-section (1) shall not apply to a dwelling-house which is situated on any land used for the purposes of agriculture in respect of which the tenancy has been terminated under sub-section (1) of section 12.
### 15. Belief against eviction from dwelling-house in certain cases.
- Where any tenant of any dwelling-house is liable to be evicted under the provisions of section 14 and the Girasdar files any proceeding before the Mamlatdar to eject the tenant, the Mamlatdar shall, by order in witing,-
(a) if the tenant had previously been paying rent of the dwelling-house, direct the tenant to tender to the Girasdar the rent in arrears together with the costs of the proceedings, within fifteen days from the date of such order; or
(b) if no rent was being so paid, assess reasonable rent in respect of the dwelling-house and direct the tenant to pay the rent so assessed, with fifteen days of the date of the order;and if the tenant complies with such an order the Mamlatdar shall, in lien of making an order of ejectment, pass an order directing that the tenant shall not be evicted, and thereupon the tenant shall continue to be in lawful occupation of the dwelling-house so long as he carries out the directions given in the Mamlatdar's order.
### 16. Dwelling house of agricultural labourers.
- The Government may, by notification, in the Official Gazette, direct that the provisions of section 14 or of section 34 shall apply mutatis mutandis to the dwelling-house and sites thereof occupied by agricultural labourers or artisans in any particular area specified in the notification.
### 17. Restoration of possession.
- Where any land was reserved by the Girasdar for personal cultivation at any time after the 1st January, 1948, but before the 20th May, 1950, and an application disputing such reservation has been made by a tenant before the [1st May, 1951]
[These words and figures were substituted for the words and figures '20th May 1950' by Sau- rashtra Act No. I of 1952, s. 2.]
and is pending at the commencement of this Act, or where such reservation was made by the Girasdar at any time after the 20th May, 1950, or where such reservation having been made at any time between the 1st January, 1948, and the 20th May, 1950, the land was let out to another tenant after the 20th May, 1950, and an application disputing such reservation or letting out, as the case may be, is made within ninety days from the common cement of this Act, the Mamlatdar shall decide the dispute, and if he decides that the reservation of any land was made illegally, or that the tenant was entitled to restoration of the land, he shall direct that the possession of such land shall be restored to the tenant.
### 18. Act not to effect right or privileges of tenant under any other law.
- Nothing contained in this Act shall be construed to limit or abridge the rights or privileges of any tenant under any usage or law for the time being in force or arising out of any contract, grant, ecree or order of a court or otherwise howsoever.
Chapter IV
Allotment of Land To Girasdar For Personal Cultivation.
-----------------------------------------------------------------------
### 19. Application by Girasdar for allotment of land for personal cultivation.
(1) Any Girasdar may [at any time [within four months]
[These words, figures and brackets were substituted for the words and figures 'within 90 days from the date of commencement of this Act' by Saurashtra Act No. XV of 1952.]
from the date of the commencement of the Saurashtra Land Reforms (Second Amend ment) Ordinance, 1952] apply to the Mamlatdar for the allotment to him of land for personal cultivation :
[Provided that the Government may relax this time limit in the case of a Girasdar who is in service as a member of the Armed Forces:
Provided further that an application by a Barkhalidar for being notified as Girasdar under clause (15) of section 2 of the Saurashtra Land Reforms Act, 1951, shall be treated as an application under this section if he is not declared as a Girasdar.]
[These provisos were added by Saurashtra Act No. XV of 1952.]
(2) An application under sub-section (1) shall be in such form as may be prescribed and shall contain the following particulars:-
(a) the area and the location of the land in respect of which the allotment is prayed for;
(b) the right under which the Girasdar claims the land;
(c) the full particulars of his estate containing-
(i) the approximate area of the land in his estate;
(ii) the area and location of Gharkhed in his estate;
(iii) the area of agricultural land, bid land and cultivable waste in his estate; and
(iv) the area of non-cultivable waste in his estate;
(d) the names of tenants and description of land in their possession;
(e) the area of Khalsa land, if any in his possession; and
(f) any other particulars which may be prescribed :
[Provided that the Settlement Commissioner may direct generally or in individual case that an application which is not in the prescribed form shall be accepted.]
[This proviso was added by Saurashtra Act No. XV of 1952.]
(3) Where a Girasdar makes an application on his own behalf as also on behalf of other Girasdars who are jointly entitled with him to allotment of land under this Act, the application under sub-section (1) shall further contain the names of persons on whose behalf the allotment is prayed for and the full particulars of the joint estate, and of Gharkhed of all such persons.
### 20. Inquiry by Mamlatdar and order of allotment.
(1) On receipt of an application under section 19, the Mamlatdar shall issue notice to the tenant or tenants concerned and, after giving the parties an opportunity of being heard, shall make an inquiry in the prescribed manner.
(2) After making such inquiry as may be deemed necessary, the Mamlatdar may, having due regard to the provisions of this Chapter, pass an order, making an allotment to the Girasdar of such land as may be specified in the order.
(3) After making an order under sub-section (2), the Mamlatdar shall issue an occupancy certificate, in such form as may be prescribed, to a Girasdar in respect of his Gharkhed and the land, if any, allotted to him under this section.
(4) No Girasdar shall obtain possession of any land held by a tenant except in accordance with such order.
### 21. Allotment of land to Girasdars of A and B class.
- Subject to the provisions of this Chapter a Girasdar of A class or B class shall be allotted land for personal cultivation to such an extent as, when added to the area of Gharkhed in his estate and of Khalsa land, if any, in his possession, would make up the total area as shown below:-
(a) in the case of A class Girasdars 3 economic holdings;
(b) in the case of B class Girasdars-
(i) those having land in excess of one hundred and twenty acres but not exceeding three hundred and twenty acres, one and a half economic holdings;
(ii) those having land in excess of three hundred and twenty acres but not exceeding five hundred and forty acres, two economic holdings;
(iii) those having land in excess of five hundred and forty acres but not exceeding eight hundred acres, two and a half economic holdings.
### 22. Principles and method of allotment of laud to Girasdars of A and B class.
- In making an allotment of land to any Girasdars of A class or B class, the Mamlatdar shall have due regard to the following provisions, namely :-
(a) firstly, such of the bid land cultivable waste of the estate as the Girasdar wishes to utilise for personal cultivation shall be allotted to him;
(b) secondly, if the land allotted under clause (a) is not sufficient, such agricultural lands as is held by a tenant in excess of one economic holding shall be available for allotment.
Explanation. - For the purpose of ascertaining the economic holding of a tenant under this clause, such Khalsa agricultural land as may be in his possession shall be taken into account but no such Khalsa land shall be available for allotment to the Girasdar;
(c) thirdly, if such excess as is referred to in clause (b) is not sufficient for such allotment, the deficit shall be made up by taking agricultural land from all the tenants of the Girasdar in proportion to the area held by them irrespective of the size of their holdings;
(d) the land allotted to a Girasdar from the holding of a tenant shall, as far as may be, have the same proportion of Bagayat or Jirayat and also of good, medium or poor lands as existed in his estate; and the allotment shall, as far as practicable, be made in the form of contiguous block of ten acres or more.
Explanation. - For the purposes of this section agricultural land shall not include sites of farm buildings or dwellings or wadas.
### 23. Girasdars to whom land may be allotted.
- Under the provisions of this Chapter, land shall be allotted -
(a) in the case of an undivided family of Girasdar, only to the head of the family on behalf of the family; or
(b) in the case of a family divided in interest only, to all the members of the family jointly as to a single unit, or
(c) in the case of a Girasdar whose land was separate from that of the other members of his family by metes and bounds before the 1st February, 1951 to such Girasdar; or
(d) in the case of one whose father has died after that date and whose land has been so separate after that date, to such Girasdar; or
(e) in the case of one who before that date has held his land separately with a tenant deriving title from him, to such Girasdar.
Explanation. - Land allotted to an undivided family or to a family divided in interest only shall be in full satisfaction of the claims of all the Girasdars of such family.
### 24. Allotment of land to C class Girasdars.
(1) Agricultural land to be allotted to a C class Girasdar for being cultivated personally shall, subject to the provisions of this section, be one half of the total area of the land held by each of his tenants:
Provided that the total area of the holding of a C class Girasdar made up of Gharkhed in his estate and any bid land or cultivable waste which he desires to utilise for personal cultivation and Khalsa land, if any in his possession, together with the land allotted under the provisions of this section shall not exceed:-
(a) one economic holding, in the case of one in whose estate agricultural land does not exceed eighty acres; and
(b) one and half economic holdings, in the case of one in whose estate agricultural land exceeds eighty acres but does not exceed one hundred and twenty acres :
Provided further that where in making such an allotment of one economic holding, or one and a half economic holdings, as the case may be, it is not necessary to take half of the total area of the land held by each of the tenants, agricultural land shall be taken from each of the tenants in such proportion as may be necessary to make up one economic holding or one and a half economic holdings, as the case may be.
(2) The area allotted to a C class Girasdar shall not include Khalsa land, if any, held by a tenant.
Explanation 1. - The total area of land held by a tenant means the land held by a tenant from his Girasdar together with Khalsa land, if any, held by the tenant.
Explanation 2. - For the purposes of this section, agricultural land shall not include sites of farm, buildings or of dwellings, or wadas.
### 25. Special provision for allotment to Girasdars of land for personal cultivation from verayati land.
- In any verayati land
(a) no land in which the State had a share in the vaje on or before the 1st January, 1948 shall be allotted to a Girasdar for personal cultivation; and
(b) any land in respect of which the vaje belongs exclusively to the Girasdar shall, notwithstanding that the santi vero in respect of such land belonged to the [State]
[The word 'State' remains unmodified by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
on or before the 1st January, 1948, be available for allotment to a Girasdar in accordance with the provisions of this Act:
Provided that no land in which there is any mine, minerals, stones, coal, Kankars, trees, aval or any other similar thing and which is declared to belong exclusively to the [State]
[The word 'State' remains unmodified by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
or to the [State]
[The word 'State' remains unmodified by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
jointly with the Girasdar, shall be allotted to any Girasdar.
Explanation. - For the purposes of this section, [State]
[The word 'State' remains unmodified by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
means any Covenanting State or any talukdar who has accepted privy purse.
### 26. Allotment of land, etc, in Girasdari Majmu village.
(1) For the purposes of this Chapter, the villages specified in the Second Schedule shall be deemed to be Girasdari Majmu villages and the Girasdars of such villages shall be called the Majmu holders of the said villages.
(2) In any Majmu village one-sixth of the total area of land under cultivation shall be allotted for personal cultivation amongst the Majmu holders of the village jointly in full satisfaction of their claim for land for personal cultivation in that village.
(3) The land allotted to Majmu holders shall, as far as may be, have the same proportion of the good, medium or poor land, as also of Jirayat and Bagayat land, as the one-sixth share of the Majmu holders bears to the total area of land under cultivation in the village.
(4) For the purposes of allotment under this section, land already under personal cultivation of the Majmu holders in the said village shall be taken into account.
(5) The provisions of section 22 shall, as far as may be, apply to the allotment of land in Majmu villages as they apply to land in other villages.
(6) The total area of land in the said villages shall not be taken into consideration for determining the land for personal cultivation in any other village either in favour of or against such Majmu-holders.
(7) A Majmu-holder shall be entitled to compensation and rehabilitation grant in respect of his share in the Majmu village from the tenant and the Government to the same extent and in the same manner as a Girasdar is entitled to in respect of any other land under the provisions of this Act.
(8) The Government may, from time to time, by notification in the Official Gazette, amend, add to or substract, from the Schedule the name of any village and on the issue of such notification the Schedule shall be deemed to have been amended accordingly.
### 27. Saving in certain cases.
- Nothing contained in this Chapter shall apply to any land in respect of which a tenant has acquired chav or buta hak.
Chapter V
. Acquisition of Occupancy Rights By Tenants.
------------------------------------------------------------
### 28. Acquisition of occupancy rights by tenants.
(1) Subject to the provisions contained in Chapter IV of this Act, a tenant shall at any time be entitled to acquire occupancy rights in his holding on payment of such amount as shall be equal to six times the assessment payable in respect of the agricultural land included in such holding, and may apply in the prescribed form to the Mamlatdar for acquiring such rights :
Provided that a tenant who has acquired chav or buta hak, shall acquire such rights without any payment :
Provided further that in the case of a holding in respect of which or in the produce of which the interest of the Girasdar is limited, the tenant shall pay an amount reduced in proportion to the limited interest of the Girasdar in the holding in such manner as may be prescribed.
(2) An application under sub-section (1) shall be in such form as may be prescribed and shall contain the following particulars, namely:-
(a) the area and location of the holding in respect of which the application is made ;
(b) the name of the Girasdar in respect of his holding ;
(c) full particulars of the holding containing-
(i) the approximate area of the land in his possession ;
(ii) approximate area of agricultural land, bagayat, jirayat, bid land and cultivable waste separately; and
(iii) the number and location of dwelling houses in his possession;
(d) particulars whether the dwelling-house was built at his cost or at the cost of his predecessor-in-title or of the Girasdar ;
(e) whether he holds khalsa land, and, if so, its area and location ; (f) whether he holds chav or buta huk, and, if so, its area and location; and (g) such other particulars as may be prescribed :
[Provided that the Settlement Commissioner may direct generally or in any individual case that an application which is not in the prescribed form shall be accepted.]
[This proviso was added by Saurashtra Act No. XV of 1962.]
(3) The application shall be accompanied by a receipted challan showing the payment into the treasury of the amount payable by the tenant under sub-section (1).
### 29. Inquiry by Mamlatdar.
- On receipt of any application under section 28, the Mamlatdar shall issue notice to the Girasdar concerned and, after giving the parties an opportunity of being heard, shall make an inquiry in the prescribed manner.
### 30. Issue of occupancy certificate to a tenant.
(1) After making such inquiry as may be deemed necessary the Mamlatdar may, subject to any order of allotment under the provisions of Chapter IV, pass an order specifying therein -
(a) the holding or the part thereof in respect of which the tenant may be declared to be an occupant (hereinafter referred to as an occupancy-holding);
(b) the assessment on such occupancy holding; and
(c) the amount payable by the tenant to the Girasdar as compensation in respect of such occupancy holding.
(2) If the amount deposited by the tenant falls short of the amount specified under clause (c) of sub-section (1), the Mamlatdar may direct the tenant to deposit the balance within such time as may be specified in the direction, and further action shall be taken by the Mamlatdar after such balance is deposited.
(3) Where an order under sub-section (2) has been made and the tenant has deposited the required amount, if any, the Mamlatdar shall issue an occupancy certificate in such form as may be prescribed in respect of the occupancy holding.
### 31. Consequence of the issue of occupancy certificate.
- Where an occupancy certificate has been issued under section 30 by the Mamlatdar in respect of occupancy holding, the following consequences shall, in respect of the holding, ensue from the date on which the occupancy certificate becomes effective, namely:-
(a) tenant shall, in respect of the holding, become an occupant holding directly from the [Government]
[This word was substituted for the word 'State' by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
and shall have all the rights and obligations of an occupant under this Act and under the Code in respect of holding ;
(b) the occupant shall pay direct to the Government the assessment for the time being in respect of the holding ;
(c) all his relations and obligations as tenant to the Girasdar or to any person claiming through or under the Girasdar in respect of such holding shall cease and in particular, his liability to pay rent to the Girasdar in respect of the holding shall cease ;
(d) the occupant shall acquire his rights in the occupancy holding free from all encumbrances, if any, made by the Girasdar ;
(e) in any case of abandonment or relinquishment, or when an occupant dies intestate and without known heirs, or in any other such case, the right of reversion shall vest in the [Government]
[This word was substituted for the word 'State' by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
;
(f) the Girasdar shall cease to have any right to collect or receive any rent from the occupant or exercise any other right in respect of the holding, and his liability to pay land revenue in respect of the holding shall also cease ;
(g) the Girasdar shall be entitled to receive and be paid compensation as provided under this Act :
Provided that nothing contained in clause (f) above shall apply to any arrears of rent that may be due to the Girasdar from the tenant on the date of the commencement of this Act.
### 32. Occupancy certificate when to be effective'.
- An occupancy certificate issued under section 30 shall be effective-
(a) in any case in which an application under section 28 is made, [within thirty days from the date of the commencement of the Saurashtra Land Reforms (Second Amendment) Ordinance, 1952]
[These words, figures and brackets were substituted for the words 'within five months from the date of the commencement of this Act' by Saurashtra Act No. XV of 1952.]
with effect from the 1st August,1951:
Provided that in case where a person is declared as Girasdar under section 2(15) of the Saurashtra Land Reforms Act, 1951 occupancy certificate issued in respect of any application of a tenant of such Girasdar made within thirty days from the date of notification declaring such person as a Girasdar in the Official Gazette, shall be effective with effect from 1st August, 1951;
(aa) [ in any case in which an application under section 28 is made on or after 1st August, 1954, but before 31st December, 1954, with effect from 1st August, 1954;]
[This clause was inserted by Saurashtra Act No. XXXV of 1954.]
(b) in any other case, with effect from the 1st August immediately following the date on which the application under section 28 is made:
Provided that where any agricultural land or any portion thereof is allotted to a Girasdar under the provisions contained in Chapter IV of this Act, either before or after the date on which an occupancy certificate issued to a tenant in respect of such land or a portion thereto has become effective under this section, the occupancy certificate issued to a tenant in respect of such land or portion thereof shall be deemed to have, and to have always had, no effect whatsoever, and on such allotment the following consequences shall ensue:
[(i) all incidents of a Girasdari tenure shall be deemed to have applied, and to have always been applied, to such land or portion thereof upto the date of such allotment;
(ii) the amount of six times the assessment paid by a tenant in respect of such land or portion thereof shall be refunded to him, after deducting therefrom any amount found to be due from him to the Girasdar under section 7 in respect of such land or portion thereof, in excess of the amount of assessment paid by him to Government.
(iii) Government shall pay to the Girasdar the amount of assessment recovered from the tenant in respect of such land or portion thereof and the amount deducted from the amount of six times the assessment as shown in clause (ii) above, after deducting therefrom twelve and a half per cent of the assessment on such land or portion thereof payable to Government under section 10.]
### 33. Payment of compensation.
(1) [Subject to the provisions of section 35A, where an occupancy certificate]
[These words were substituted for the words 'where an occupancy certificate' by Sauras- htra Act No. II of 1954.]
has been issued under section 30 in respect of an occupancy holding, [the Girasdar shall be entitled to withdraw the sum specified in the order of Mamlatdar from the amount deposited by the tenant and the tenant shall be entitled to withdraw the balance, if any, from the amount deposited by him, in accordance with rules to be made by the Government for the purpose :]
[These words were substituted for the words 'the Girasdar may withdraw the sum specified in the order of the Mamlatdar from the amount deposited by the tenant and if there is any balance left, the tenant may withdraw the same', by Saurashtra Act No. XI of 1954.]
Provided that if the occupancy holding in respect of which the certificate is issued is subject to any mortgage by the Girasdar to any person at the time of the issue of the certificate, and there is a dispute as to the persons to whom the amount or any part of it is payable [\* \* \*]
[The words 'or if there is widow's Jiwai payable from the estate and there is an application from the widow to the Mamlatdar in this behalf 'were omitted by Saurashtra Act No. II of 1954.]
the Mamlatdar may keep the amount in deposit and refer the parties to a Civil Court :
[Provided further that if there is a widow's Jiwai payable from estate and there is an application from the widow to the Mamlatdar in this behalf, the Mamlatdar shall keep the amount in deposit until such application has been finally disposed of in accordance with the provisions of section 35-A]
[This proviso was added, by Saurashtra Act No. II of 1954.]
.
(2) [Subject to the provisions of section 35-A, in addition to the compensation paid]
[These words were substituted for the words 'In addition to the compensation paid', by Saurashtra Act No. II of 1954.]
by the tenant in respect of the holding, the Government shall pay to the Girasdar as compensation every year for fifteen years an amount equal to the assessment on the holding as fixed by the Mamlatdar under clause (6) of sub-section (1) of section 30 :
Provided that in the case of a holding in respect of which, or in the produce of which, the interest of the Girasdar is limited, the amount of each annual instalment shall be reduced in proportion to the limited interest of the Girasdar in the holding in such manner as may be prescribed.
(3) An instalment under sub-section (2) shall become due and payable on the 1st day of February every year, the first instalment falling due on the 1st February, immediately following the date on which the occupancy certificate has become effective.
(4) If any such instalment which has fallen due is not paid within two months of the due date, interest at the rate of 3 percent per annum shall be paid by the Government to the Girasdar on that instalment.
(5) Remission or suspension of land revenue granted to a tenant shall not affect the payment by the Government of the compensation payable by it under this section,
### 34. Dwelling houses.
- The dwelling houses included in the occupancy holding shall vest in the occupant provided that if such a dwelling house or part of it had been built otherwise than at the expense of the tenant or his predecessor-in-title, it shall vest in the occupant free from all encumbrances, if any, made by the Girasdar on payment of such compensation to the Girasdar as may be determined, by the Mamlatdar in this behalf in accordance with the principles laid down in the Land Acquisition Act, 1894.
### 35. Chav or buta hak.
(1) Where any tenant has acquired chav or buta hak in respect of any land held by him, the Mamlatdar shall issue an occupancy certificate in respect of such land in such form as may be prescribed and the tenant shall not be liable to pay any amount to the Girasdar as compensation for such land.
(2) Nothing contained in sub-section (1) shall exempt the Government from paying compensation to the Girasdar in respect of such land and the provisions of sub-sections (2), (3), (4) and (5) of section 33 [shall, subject to the provisions of section 35A, apply accordingly]
[These words were substituted for the words 'shall apply accordingly' by Saurashtra Act No. II of 1954.]
.
### 35A. [ Claims of widow-jiwaidars.
[This section was inserted, by Saurashtra Act No. II of 1954.]
(1) Every widow-jiwaidar, who is entitled to get any maintenance allowance in ascertained sum from any Girasdar during her life time, may submit her claim for maintenance to the Mamlatdar in the prescribed manner.
(2) Every jiwaidar submitting her claim in compliance with the provisions of- sub-section (1), shall furnish alongwith her written statement of claim, full particulars thereof and shall, within such time as the Mamlatdar may appoint, produce all documents which are in her possession, powers or control (including entries in books of accounts) on which she relies to support her claim, together with a true copy of every such document.
(3) After hearing the parties and making such inquiries as may be necessary, the Mamlatdar may, if he is satisfied that the amount of maintenance allowance was fixed -
(a) by a decree of a competent Civil Court, or
(b) by the orders of a competent authority of the late Western India States Agency or the Western India States Region or any Covenanting State or merged Taluka, or
(c) by a written agreement of the parties, and was paid immediately before 1st January, 1948, pass an order directing that-
(i) the amount which the Mamlatdar may find as payable by the Girasdar to the jiwaidar before the date of his order shall be paid from the amount of compensations payable to the Girasdar under sub-section (1) of section 33:
Provided that where the amount of compensation has already been withdrawn by the Girasdar under sub-section (1) of section 33 or no such compensation is payable to the Girasdar under the provisions of sub-section (1) of section 35, the Mamlatdar may order that the amount of maintenance allowance which he may find as payable to the Jiwaidar before the date of his order shall be paid in such instalments as may be fixed by him from the amount of compensation payable annually to the Girasdar by the Government under subsection (2) of section 33 or sub-section (2) of section 35, as the case may be;
(ii) the amount of maintenance allowance accruing due to the jiwaidar after the date of his order shall be paid to her every year from the amount of compensation payable annually to the Girasdar by the Government under sub-section (2) of section 33 or sub-section (2) of section 35, as the case may be.
(4) The claim of the jiwaidar determined under subjection (3) shall have priority over any secured debt of any creditor of the Girasdar.
(5) If in any case a Mamlatdar is satisfied that any person claiming maintenance allowance under this section is not a "Jiwaidar" as defined in the Explanation to this section, he may order that she may seek redress in a competent Civil Court.
Explanation. - For the purposes of the section "Jiwaidar" means a widow of the family of a Girasdar, who is entitled to get from the Girasdar maintenance allowance fixed in the manner shown in clause (a) , (6) or (c) in subsection (3) of this section.]
[This proviso was added, by Saurashtra Act No. XV of 1952.]
### 36. Girasdar's right to be deemed to be extinguished.
- On the payment by the Government of the last instalment of compensation payable under this Act, in respect of an occupancy holding, all the remaining rights, title and interest of the Girasdar in that holding shall be deemed to have been extinguished.
### 37. Certain mortgages and charges not enforceable against occupancy holding.
- Notwithstanding anything contained in any contract or any law for the time being in force, no claim or liability, whether under any decree or order of a civil court or otherwise enforceable against a Girasdar for any money which is charged on, or is secured by a mortgage of, any land in the possession of a tenant shall be enforceable against the occupancy holding of an occupant and every such claim or liability shall be deemed to be a charge on the compensation payable to the Girasdar in respect of such land.
### 38. Borrowing of tenant from the State Bank.
(1) Notwithstanding anything contained in the Transfer of Property Act, 1882, or any other law for the time being in force :-
(a) it shall be lawful for a tenant to mortgage the occupancy holding which he intends to acquire under the provisions of this Chapter in order to borrow money from the State Bank, [or a Co-operative Society]
[These words and figures were added by Saurashtra Act No. I of 1952, s. 3.]
registered under the Bombay Co-operative Societies Act, 1925 (Bom. VII of 1925) as adapted and applied to the [Saurashtra area of the [State of Gujarat;]
[These words were substituted for the words 'State' by the Bombay (Saurashtra Area) Adaptation of Laws (State and Concurrent Subjects) Order, 1956.]
]
(b) such mortgage shall be deemed to be lawful and subsisting after the occupancy is acquired.
(2) The money so advanced shall be recoverable in the same manner as an arrear of land revenue.
### 39. Girasdar to be occupant.
(1) The Mamlatdar may, either of his own motion or on an application received in this behalf from a Girasdar, issue an occupancy certificate to the Girasdar in such form as may be prescribed in respect of the Gharkhed comprised in his estate and the land allotted to him in accordance with the provisions of Chapter IV.
(2) A Girasdar shall become an occupant in respect of his Gharkhed and the land allotted to him in accordance with the provisions of Chapter IV, as from the date of the issue of occupancy certificate.
### 40. Assessments payable by Girasdars on Gharkhed and land allotted under Chapter IV.
- A Girasdar specified in column 1 of the Third Schedule shall be liable to pay to the Government as land revenue on the land held by him as Gharkhed or the land allotted to him under the provisions of Chapter IV at the rates and for the periods shown in the corresponding entry in column 2 thereof.
### 41. [ Payments to be charged.
[These words were substituted for the words 'State of Bombay' by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.]
- The payments to be made by the Government to a Girasdar as compensation under this Act shall be deemed to be expenditure charged on the Consolidated Fund of the [39]State of Gujarat]].
[Chapter V-A
[New Chapter V-A and the sections 41A, 41B, 41C, and 41D thereunder were inserted; Sau. Act No. XXX of 1955, section 2.]
Acquisition of Occupancy Rights By Settlement Commissioner On Behalf of Certain Tenants.
### 41A. Acquisition of occupancy rights by Settlement Commissioner.
- Notwithstanding anything contained in Chapter V-
(1) where a tenant fails to apply for occupancy rights under sub-section (1) of section 28, for any reason whatsoever within 2 months of the date of the coming into force of the Saurashtra Land Reforms (Amendment) Act, 1955, or within such further period as the Government may, by notification in the Official Gazette specify, the Settlement Commissioner may furnish to the Mamlatdar the particulars specified in sub-section (2) of section 28 in respect of the holding of such tenant, and thereupon the Mam-latdar may after making such inquiry as may be necessary in the prescribed manner and hearing the parties and subject to any order of allotment under the provisions of Chapter IV, pass an order specifying therein-
(a) the holding or part thereof, in respect of which the Settlement Com missioner may be declared to hold it as an occupant in trust and on behalf of such tenant (hereinafter referred to as the occupancy holding);
(b) the assessment on such occupancy holding;
(c) the amount, not exceeding 6 times the assessment payable by the Settlement Commissioner to the Girasdar as compensation in respect of such occupancy holding.
(2) as soon as may be after the order under clause (1) is passed, the Mamlatdar shall issue an occupancy certificate, which shall be effective from the 1st August immediately following the date on which such order is passed in such form as may be prescribed.
### 41B. Consequences of the issue of the occupancy certificate.
- Where an occupancy certificate has been issued by the Mamlatdar under section 41A in respect of any occupancy holding the following consequences shall, in respect of such holding, ensue from the date on which the occupancy certificate becomes effective, namely:-
(a) The Settlement Commissioner shall hold such occupancy holding free from all encumbrances, if any, made by the Girasdar, as an occupant in trust and on behalf of the tenant until the amount paid to the Girasdar by the Settlement Commissioner as compensation in respect of such occupancy holding is recovered in full from the tenant.
(b) The tenant shall pay to the Settlement Commissioner two and a half times the assessment, which he was paying to the Girasdar immediately before the coming into force of the Saurashtra Land Reforms (Amendment) Act, 1955.
(c) Out of the amount representing 2-1/2 times the assessment received from the tenant, the Settlement Commissioner shall cause the amount representing single assessment to be credited to Government and the remaining amount representing one and a half times the assessment shall be credited toward the amount paid to the Girasdar as compensation.
(d) All relations and obligations of the tenant as such to the Girasdar or to any person, claiming through or under the Girasdar in respect of such holding shall cease and, in particular tenant's liability to pay rent to the Girasdar in respect of the holding shall cease.
(e) The Girasdar shall cease to have any right to collect or receive any rent from the tenant or exercise any other right in respect of the holding and his liability to pay land revenue in respect of the holding shall cease.
(f) The Girasdar shall be entitled to receive and be paid compensation as provided under this Chapter:
Provided that nothing contained in clause (e) above shall apply to any arrears of rent which may be due to the Girasdar from the tenant on the date of commencement of the Saurashtra Land Reforms (Amendment) Act, 955.
### 41C. Transfer of occupancy certificate.
- After the amount of compensation referred to in clause (a) of section 41B is recovered in full from the tenant, the Settlement Commissioner shall transfer such occupancy certificate to the tenant in such manner and subject to such conditions, as may be prescribed.
### 41D. Application of certain provisions.
- The provisions of sections 33, 34, 36, 37 and 41 shall apply, so far as may be practicable and with such formal modifications as may be necessary to any case to which the provisions of this Chapter are applicable.]
Chapter VI
. Rehabilitation Grant.
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### 42. Rehabilitation grant.
- In addition to the compensation payable to a Girasdar under the provisions of Chapter V [or Chapter V-A]
[These words, figures and letter were inserted by Sau. Act No.XXX of 1955, s.3.]
the Government shall pay as rehabilitation grant to the Girasdars specified in column 1 of the Fourth Schedule the amount shown in the corresponding entry in column 2 thereof.
### 43. Rehabilitation grant not liable to seizure or attachment.
- No amount granted as rehabilitation grant under section 42 shall be liable to seizure or attachment by process of any court or other authority at the instance of a creditor, or for any demand against the grantee, or in satisfaction of a decree or order of any such court or other authority.
Chapter VII
. Miscellaneous.
---------------------------------
### 44. Assessment.
(1) For the purposes of this Act, assessment shall mean, in relation to any land, until the village in which such land is situate is surveyed And settled, assessment calculated on an arithmetic average of assessment leviable in the surrounding and adjoining khalsa [or assessed non Khalsa]
[These words were inserted by Saurashtra Act No. XV of 1962.]
lands or villages.
(2) For the purpose of determining the assessment on any land the Mamlatdar may hold an inquiry in the prescribed manner and fix the assessment on such land and the assessment so determined shall be published in such manner as may be prescribed:
Provided that where the assessment so calculated is manifestly unfair, Government may modify it, keeping in view the above principle.
(3) [ Where any land is surveyed [ \* \* \* ]
[Sub-sections (3) ,(4) and (5) were inserted by Saurshtra Act No. X.XXV of 1984.]
Government may, by notification in the Official Gazette, direct that the assessment on the area of such land as determined by such survey shall be levied at the rate at which the assessment is fixed by Mamlatdar under clause (b) of sub-section (1) of section 30, from such date and in such manner as may be specified in such notification, and notwithstanding anything contained in this Act, the term "assessment" shall be construed accordingly in respect of payment of compensation to be made under section 33 after the date specified in such notification.]
(4) Nothing contained in sub-section (3) or any notification issued thereunder shall affect-
(a) the land allotted to a Girasdar, as respects its area, or
(b) the land in respect of which an occupancy certificate has been issued to a tenant, as respects its area, before the date specified in the notification issued under sub-section (3).
(5) Where the amount of six times the assessment is paid by a tenant in respect of such land, and where after survey [ \* \* ]
[The words 'and settlement' were deleted by Sau. Act No. XXX of 1955, s. 4(ii) .]
it is found that the land in respect of such payment was actually less than that declared, by the Girasdar, the amount so overpaid by the tenant shall be refunded to such tenant, and if it is found that such land was actually more than that declared by the Girasdar, then the tenant shall be liable to pay to the Girasdar the difference on account of the larger area.]
### 45. Appointment of Settlement Commissioner and Special Officer.
- The Government may appoint-
(a) a Settlement Commissioner to perform such functions under this Act, as may be prescribed, and
(b) as many special officers as may be necessary to exercise the powers and functions of a Collector under this Act in such local area as may be specified.
### 46. Functions of Mamlatdar.
- The Mamlatdar may, for the purposes of this Act, perform the following functions, namely :-
(a) to decide whether a person is an agriculturist or not;
(b) to decide whether a person is a tenant or not;
(c) to decide whether any land shall be allotted to Girasdars for personal cultivation or not;
(d) to make any order under section 9;
(e) to determine whether a tenancy shall be terminated under section 12;
(f) to decide any matter arising under section 12, section 13, section 15 or section 17;
(g) to decide to which Girasdar land may be allotted for personal cultivation and to make such allotment;
(h) to decide which tenant should surrender what portion of his land in accordance with section 22;
(i) to determine the divisions of land under section 24;
(j) to decide any question arising under section 26;
(k) to hold inquiries under section 29 and to issue occupancy certificates under [section 30 or section 41 A]
[These words, figures and letter were substituted for the word and figures 'section 30' by Sau. Act No. XXX of 1955.]
;
(l) to determine the amount of compensation payable to a Girasdar by the Government and the tenant;
(m) to decide matters arising under section 34;
(mm) [ to decide claims of the jiwaidars under section 35-A;]
[This clause was inserted by Saurashtra Act No. II of 1954.]
(n) to determine the amount of assessment under section 44;
(o) to decide such other matters as may be necessary under this Act.
### 47. Procedure of inquiry.
- In holding an inquiry under this Act, the Mamlatdar shall maintain a record of the proceeding before him containing material averments made by the parties interested, material facts of the evidence and his decision and the reasons thereof. The Mamlatdar shall, for the purposes of this inquiry, have all the powers of a Civil Court under the Code of Civil Procedure, 1908, relating to-
(a) proof of facts by affidavits,
(b) the enforcing of the attendance of any persons and his examination on oath,
(c) the enforcing of production of documents, and
(d) the issuing of commissions.
### 48. Commencement of proceedings.
- Save as otherwise provided by or under this Act, all inquiries and other proceedings before the Mamlatdar may be commenced by an application which shall contain the following particulars:-
(a) the name, age, profession and place of residence of the applicant and of the opposite party;
(b) a short description and situation of the property to which possession is sought, or the amount of the claim, as the case may be;
(c) the circumstances out of which the cause of action arose;
(d) a list of the applicant's documents, if any, and of his witnesses who are to be summoned to attend or whether the applicant will produce them on the day of the hearing;
(e) such other particulars as may be prescribed.
### 49. Procedure.
- In all inquiries and proceedings commenced on the presentation of applications under section 48, the Mamlatdar shall exercise the same power as the Mamlatdars' Courts under the Saurashtra Mamlatdars' Courts Ordinance, 1948, (Ordinance No. LII of 1948) and shall follow the provisions of the said Ordinance, as if the Mamlatdar were a Mamlatdar's Court under the said Ordinance, and the application were a plaint presented under section 7 of the said Ordinance. In regard to matters which are not provided for the said Ordinance, the Mamlatdar shall follow the procedure as may be prescribed by the Government. Every decision of the Mamlatdar shall be recorded in the form of an order which shall state the reasons for such decision.
### 50. Execution of order for payment of money or for restoring possession.
(1) Any sum the payment of which has been directed by an order of the Mamlatdar including an order awarding costs shall be recoverable from the person ordered to pay the same in the same manner as an arrear of land revenue.
(2) An order of the Mamlatdar awarding possession or restoring the possession or use of any land shall be executed in the manner provided in section 20 of the Saurashtra Mamlatdars' Courts Ordinance, 1948 (Ordinance No. LII of 1948), as if it was the decision of the Mamlatdar under the said Ordinance.
### 51. Appeal.
(1) An appeal shall lie to the Collector against any order of the Mamlatdar.
(2) Save as otherwise provided in this Act, the provisions of Chapter XIII of the Code shall apply to appeals to the Collector under this Act as if the Collector were the immediate superior of the Mamlatdar. The Collector shall have the power to award costs in any appeal heard by him.
### 52. Revision.
(1) Notwithstanding anything contained in the Saurashtra Revenue Tribunal Ordinance, 1949, an application for revision may be made to the Tribunal against any order of the Collector on the following grounds only, namely:-
(a) that the order of the Collector was contrary to law ;
(b) that the Collector failed to determine some material issue of law; or
(c) that there was a substantial defect in following the procedure provided by this Act which has resulted in miscarriage of justice.
(2) In deciding applications under this section, the Tribunal shall follow the procedure which may be prescribed by rules made under this Act after consultation with the tribunal.
### 53. Orders in appeal or revision.
(1) The Collector in appeal and the Tribunal in revision may confirm or modify or rescind the order in appeal or revision, as the case may be, or may pass such other order as may seem legal and just in accordance with the provisions of this Act.
(2) The order of the Collector in appeal or of the Tribunal in revision shall be executed in the manner provided for execution of the orders of the Mamlatdar, under section 50.
### 54. Court fees.
- Notwithstanding anything contained in the Court Fees, Act 1870 (VII of 1870), as adapted and applied to the [Saurashtra area of the [State of Gujarat]
[These words were substituted for the word 'State' by the Bombay (Saurashtra Area) Adap tation of Laws (State and Concurrent Subjects )Order 1956.]
] every application or appeal made under this Act to the Mamlatdar, Collector or Tribunal shall have a court-fee stamp of such value as may be prescribed.
### 55. Limitation.
- Every appeal or application for revision under this Act shall be filed within a period of sixty days from the date of the order of the Mamlatdar or the Collector, as the case may be, and the provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908, (IX of 1908) shall apply to the filing of such appeal or application for revision.
### 56. Inquiries and proceedings to be judicial proceedings.
- All inquiries and proceedings before the Mamlatdar, the Collector or Tribunal shall be deemed to be judicial proceedings within the meaning of sections 192, 219 and 228 of the Indian Penal Code, 1860 (XLV of 1860).
### 57. Penalty for marking false statements.
(1) If during the course of any inquiry before the Mamlatdar under the provisions of this Act, any person is found to have made a false declaration in an application made under section 19 or section 28, the Mamlatdar may, while passing any order on such application, direct the person making such a false statement to pay a fine not exceeding one thousand rupees.
(2) The amount of fine imposed under sub-section (1) shall be recoverable in the same manner as an arrear of land revenue.
### 58. Obstruction with the rights obtained under this Act, Rules.
- If any person wilfully obstructs the rights of any other person acquired under the provisions of this Act, or contravenes the provisions of sub-section (4) of section 20 the Mamlatdar may direct that the person so obstructing or contravening shall pay a fine not exceeding rupees one thousand.
### 59. (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 powers, such rules may provide for all or any of the following matters, namely :-
(a) the manner in which the tenancy may be terminated ;
(b) the form and manner in which an application for allotment of land for personal cultivation may be made by a Girasdar;
(c) the manner in which inquiries may be held by a Mamlatdar under this Act and the procedure to be followed in such proceedings ;
(d) the form of an occupancy certificate to be issued to [Girasdars and tenants and Settlement Commissioner]
[The words were substituted for the words 'Girasdars and tenants' by Saurashtra Act. No. XXV of 1955, s. 6(i) .]
;
(e) the Girasdar to whom and the procedure according to which land may be allotted for personal cultivation and matters connected therewith;
(f) the manner of payment of compensation and rehabilitation grant to Girasdars in Girasdari Majmu village;
(g) the form and manner in which applications for acquiring rights may be made by a tenant ;
(gg) [ the from and manner in which a Jiwaidar may submit her claim under section 35A;]
[The claims was inserted by Saurashtra Act No. II of 1954.]
(h) the manner in which compensation payable by a tenant may be computed in any case where the Girasdar has only a limited interest in the holding ;
(hh) [ the manner in which occupancy certificate issued to the Settlement Commissioner may be transferred to the tenant;]
[Claims (hh) was inserted by Saurashrta Act No. XXX of 1955, s. 6(ii).]
(i) the form of notice to be issued under this Act and the manner of service of such notice ;
(j) the manner of publication of assessment on land;
(k) the functions of Settlement Commissioner ;
(l) levy of fees and court-fees under this Act; and
(m) any other matter which has to be, or may be prescribed under this Act.
### 60. Delegation of Powers.
- The Government may, subject to such restrictions and conditions as it may impose by notification in the Official Gazette, delegate to any of its officers not below the rank of an Assistant or Deputy Collector, all or any of the powers conferred on it by this Act.
### 61. Summary eviction.
- Any person who is in unauthorised occupation or wrongful possession of any land or dwelling house, not being entitled to such occupation or possessions under the provisions of this Act, may be summarily evicted by the Collector.
### 62. Bar of jurisdiction.
(1) No Civil Court shall have jurisdiction to settle, decide or deal with any question which is by or under this Act required to be settled, decided or dealt with by the Mamlatdar, the Collector or Tribunal or by the Government in exercise of their powers of control.
(2) No order of the Mamlatdar, the Collector or the Tribunal made under this Act shall be questioned in any civil or criminal court.
Explanation. - For the purposes of this section a Civil Court shall include a Mamlatdars' Court constituted under the Saurashtra Mamlatdars' Courts Ordinance, 1948.
### 63. [ Governments power of control and revision.
[Section 3 of the Saurashtra Act No, XVI of 1956 reads as follows:-']
(1) In all matters connected with this Act, Government shall have the same authority and control over Mamlatdars and Collectors acting under this Act as they have and exercise over them in the general and revenue administration.]]
(2) The Government may call for and examine the record of any inquiry or proceedings of the Mamlatdar or the Collector acting under this Act, for the purpose of satisfying itself as to the legality or propriety of any decision or order passed, and as to the regularity of the proceedings of such officer, and, if, in any case, it shall appear to the Government that any decision or order or proceedings so called for should be modified, annulled or reversed, it may pass such order thereon as it deems fit :
Provided that the Government shall not pass any order in the exercise of its powers under this sub-section-
(i) in any case in which an application for revision against any decision or order of the Collector has been made under this Act to the Revenue Tribunal or until such application is barred by limitation.
"3. Validation of certain orders passed by Government. - Not withstanding anything contained in any order, judgment or decree of a Court, all orders passed, or any action taken by Government before the date of the coming in to force of this Act in the exercise of purported exercise of the jurisdiction vested, or powers conferred by section 63 of the Saurashtra Land Reforms Act, 1951, shall be deemed to be and are hereby declared to have been validly passed or taken as if such jurisdiction was vested in, and such powers were conferred on Government on the date of the comming into force of the said Act.".
(ii) in any case in which an appeal against any decision or order of the Mamlatdar has been preferred under this Act to the Collector or until such appeal is barred by limitation.
(3) The Government shall not pass any order under sub-section (2) without giving to the parties concerned an opportunity to be heard before an officer not below the rank of the This word was substituted for the words 'Revenue Commissioner' by Gujarat 16 of 1964 s. 4 Schedule.[Collector], who shall follow such procedure as may be prescribed.]
### 64. Indemnity.
- No suit or legal proceeding shall lie against any person in respect of anything which is in good faith done or intended to be done under this Act.
### 65. Repeal.
(1) The following Chapters and sections of the Saurashtra Gharkhed, Tenancy Settlement and Agricultural Lands Ordinance, 1949 (Ordinance No. XLI of 1949) as amended from time to time, are hereby repealed, namely:-
(a) the whole of Chapter II, the whole of Chapter III except sub-sections (1), (2) and (3) of section 19 and the whole of Chapters IV, V, VIII and IX; and
(b) sections 55, 56 and 57 of Chapter VII :
Provided that such repeal shall not, save as expressly provided in this Act, affect or be deemed to affect ;-
(i) any right, title, interest, obligation or liability already acquired, accrued or incurred before the commencement of this Act, or
(ii) any legal proceedings or remedy in respect of any such right, title, interest, obligation or liability or anything done or suffered to be done before the commencement of this Act, and any such proceedings shall be continued and disposed of as if this Act had not been passed :
[Provided further that notwithstanding anything contained in this Act or in any other law or usage, agreement, settlement, grant, sanad or any decree or order of any court, Tribunal or other authority, all orders passed regarding giving, reserving or allotting any land for Gharkhed but not executed by giving possession before 20th May, 1950 under the provisions hereby repealed shall be treated as void and no such order shall be executed; the application for the giving, reserving or allotting land for Gharkhed on which any such orders may have been passed shall be treated as applications presented for the allotment of land for personal cultivation under the provisions of this Act and shall be disposed of accordingly:
Provided further that such applications shall be deemed to have been presented within the period prescribed in sub-section (2) of section 19 for presenting such application.]
[These provisos were added by Saurashtra Act No. XXXVI of 1953.]
(2) Any appointment, notification, notice, order, rule or form made or issued under the provisions of the Ordinance so repealed shall continue to be in force and 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, or rules made thereunder and shall continue to be in force unless and until it is superseded by any appointment, notification, notice, order, rule or form made or issued under this Act.
The First Schedule
[ See section 2 (12) ]
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Regions
|
|
|
|
|
|
Area of Cultivable land
|
|
1
|
|
|
|
|
|
2
|
|
1
|
Zalawad District
|
..
|
..
|
..
|
..
|
40 acres
|
|
2
|
Halar District
|
-
|
|
|
|
|
|
(a) |
Jam-Jodhpur Taluka and Amran Chovisi of Jodia.
Mahal
|
..
|
..
|
..
|
..
|
32 acres
|
|
(b) |
Kalawad Taluka
|
..
|
..
|
..
|
..
|
36 acres
|
|
(c) |
Rest of Halar District
|
..
|
..
|
..
|
..
|
40 acres
|
|
3
|
Gohilwad District
|
..
|
..
|
..
|
..
|
32 acres
|
|
4
|
Madhya Saurashtra District-
|
|
(a) |
Morvi Taluka, Wankaner Taluka, Maliya Mahal,[Panchal area (Babra Taluka), Rajkot Taluka,]
[These words, brackets and comma were substituted for the words and commas 'Panchal area, Babra Taluka' by Saurashtra Act No. 1 of 1952, s. 4.]
Paddhari Mahal,
Lodhika Mahal and Kotda Sangani Mahal
|
..
|
..
|
..
|
..
|
40 acres
|
|
(b) |
Babra Taluka excluding Panchal area, Jasdan
Taluka, Kandorna Mahal, Gondal Taluka, Kunkavav Taluka, and
Jetpur Taluka
|
|
..
|
..
|
..
|
32 acres
|
|
(c) |
Dhoraji Taluka including Upleta Peta-Mahal
|
|
|
|
..
|
28 acres
|
|
5
|
Sorath District-
|
|
(a) |
Ranavav and Porbandar Taluka excluding Ghed
area
|
|
|
|
..
|
28 acres
|
|
(b) |
Ghed area
|
..
|
..
|
..
|
..
|
24 acres
|
|
(c) |
Five miles wide sea-shore belt from Madhavpur
to Kodinar, Kutiana Proper, Mandva, Kaji, Thepda, Ujad, Thepda,
Baloch and Bhadar Chhel Bhag
|
|
|
..
|
..
|
20 acres
|
|
(d) |
Rest of the Sorath District
|
|
..
|
..
|
..
|
32 acres
|
The Second Schedule
(See section 26)
| | | | |
| --- | --- | --- | --- |
|
Serial No.
|
Name of the Village
|
Taluka or Mahal
|
District
|
|
1
|
2
|
3
|
4
|
|
1
|
Nana Garadia
|
Dhrol
|
Halar
|
|
2
|
Sudhaguna
|
..
|
Halar
|
|
3
|
Dhokalia
|
Padadhari
|
MadhySaurashtra
|
|
4
|
Dahisarda
|
Padadhari
|
MadhyaSaurashtra[5 .. .. ..]
[This serial Number 5 which read as '5-Nagar-pipalia-L dh ka Mahal, Madhya Saurashtra' was deleted by Revenue Department. Notification No. RD/IV/1267, dated 23rd July, 1952.]
|
|
[The following villages were added to this
Schedule by notifications under sub-section (8) of section 26].
|
|
[6
[These entries were inserted by Revenue Department notification No. RD/IV/1307, dated 12th April, 1952.]
|
Manekvada
|
Halvad
|
Zalawad
|
|
7
|
Ratabhi
|
Halvad
|
Zalawad
|
|
8
|
Dungarpur
|
Halvad
|
Zalawad
|
|
9
|
Vankia
|
Halvad
|
Zalawad
|
|
10
|
Chupari
|
Halvad
|
Zalawad
|
|
11
|
Nava-Rampura
|
Vallabhipur
|
Gohilwad
|
|
12
|
Liliva
|
Palitana
|
Gohilwad
|
|
13
|
Chhapra
|
Kalawad
|
Halar
|
|
14
|
Nani-Banugar
|
Jamnagar
|
Halar
|
|
15
|
Sanosara
|
Jamnagar
|
Halar]
|
|
[16
[These entries were inserted by Revenue Department Notification No. RD/IV/1307, dated 13th May, 1052.]
|
Shekhalia
|
Chotila
|
Zalawad
|
|
17
|
Bokadthumba
|
Wankaner
|
Madhya Saurashtra
|
|
18
|
Pipalia
|
Kandorna
|
Madhya Saurashtra
|
|
19
|
Dungrani
|
Devalia
|
Kalawad Halar
|
|
20
|
Vagadia
|
Jamnagar
|
Halar ]
|
|
[21
[This entry which read as 'Rajput-Bajpara----Tina----Sorath' was inserted but afterwards deleted by Revenue Department Notification No. RD/IV/1S07, dated 6th March 1954.]
|
--
|
--
|
--]
|
|
[22
[These entries were inserted by Revenue Department Notificaticn No. RD/IV/1307, dated 3rd July 1952.]
|
Kaswala
|
Sayla
|
Zalawad
|
|
23
|
Eampara
|
Chotila
|
Zalawad
|
|
24
|
Tali
|
Talaja
|
Gohilwad
|
|
25
|
Sarwania (Hakumati) |
Kalawad
|
Halar]
|
|
[26
[These entries were inserted by Revenue Department Notification No. RD/IV/1307, dated 23rd July 1952.]
|
Dudhali
|
Chotila
|
Zalawad
|
|
27
|
Bhimgadh
|
Chotila
|
Zalawad
|
|
28
|
Nalieri
|
Chotila
|
Zalawad
|
|
29
|
Bhalgamda
|
Halwad
|
Zalawad
|
|
30
|
Nani Nagajab
|
Kalawad
|
Halar
|
|
31
|
Golania
|
Kalawad
|
Halar
|
|
32
|
Haripar
|
Kalawad
|
Halar
|
|
33
|
Vadakhand
|
Upleta
|
Madhya Saurashtra
|
|
34
|
Panasda
|
Gariadhar
|
Gohilwad]
|
|
[35
[These entries were inserted by Revenue Department Notification No. RD/1V/1307, dated 21st October, 1952.]
|
Gada
|
Kalawad
|
Halar
|
|
36
|
Kansvirdi
|
Lalpar
|
Halar
|
|
37
|
Tarnetar
|
Chotila
|
Zalawad]
|
|
[38
[This entry was inserted by Revenue Department Notification No. RD/1V/1307, dated. January 1953.]
|
Pajwali
|
Chotila
|
Zalawad]
|
|
[39
[These entries were inserted by Revenue Department Notification No. RD/IV/1307, dated 16th March 1953.]
|
Moti Jagdhar
|
Mahuva
|
Gohilwad
|
|
40
|
Kathrota
|
Rajkot
|
Madhya Saurashtra
|
|
41
|
Vanala
|
Babra
|
Madhya Saurashtra
|
|
42
|
Ranipat
|
Muli
|
Zalawad
|
|
43
|
Khakhrathal
|
Muli
|
Zalawad]
|
|
[44
[This entry was inserted by Revenue Department Notification No. RD/IV/1307, dated 9th April, 1953.]
|
Bhadakva
|
Limbdi
|
Zalawad]
|
|
[45
[This entry was inserted by Revenue Department Notification No. RD/IV/1307, dated 3rd November, 1953.]
|
Sukhpur
|
Jamjodhpur
|
Halar]
|
|
[46
[This entry was inserted by Revenue Department Notification No. RD/IV/1307, dated 11th January 1954.]
|
Dharadungari
|
Sayla
|
Zalawad]
|
|
[47
[These entries were inserted by Revenue Department Notification No. RD/IV/1307, dated 13th January 1954.]
|
Velala
|
Muli Taluka
|
Zalawad
|
|
48
|
Raidhara
|
Halwad
|
Zalawad]
|
The Third Schedule
(See section 40)
| | | |
| --- | --- | --- |
|
Class of Girasdar
|
|
Assessment to be charged
|
|
1
|
|
2
|
|
Girasdar of A Class
|
|
Full assessment.
|
|
Girasdar of B Class
|
|
Four annas per acre for the first three years,
eight annas per acre for the next three years.
|
|
|
|
[One half of the assessment for the next six
years ]
[These words were substituted for the words 'one half the assessment for the next five years' by Saurashtra Act No. 1 of 1952, s. 5.]
Full assessment thereafter.
|
|
Girasdar of C Class
|
|
Four annas per acre for 21 years.
|
|
|
|
Full assessment thereafter.
|
Provided that if any such land is transferred by sale, mortgage with possession or otherwise, such land shall, from the date of such transfer, be liable to payment of full assessment except where such land is transferred-
[(i) to a co-operative farming society; or
(ii) by way of exchange to persons who are descendants of a common an cestor in the male line and are living, in the same village in their co-shared villages:]
[Provided also that if any such land transferred by mortgage with possession is re-transferred, on redemption or otherwise, to the mortgagor or Girasdar who held, or is entitled to hold, that land as Gharkhed or land allotted for personal cultivation, such land shall be liable to assessment at such rate, for the period during which such land remains in possession with such Girasdars, at which it would have been liable, as if no transfer by mortgage with possession had taken place:]
[This second proviso was inserted by Saurashtra Act No. XLVIII of 1955, s. 2.]
Provided further that if such land or any portion thereof is transferred by way of exchange to any person by the Girasdar for the purpose of making a contiguous block of his holding, the land received by him in exchange shall be liable to assessment at the same rate as the land given by him in exchange was liable under this Schedule, and to the same extent];
Explanation. - For the purposes of this Schedule, the assessment on any land for the time being shall be deemed to be the full assessment.
The Fourth Schedule
(See section 42)
| | | |
| --- | --- | --- |
|
Glass of Girasdar
|
|
Amount of grant
|
|
1
|
|
2
|
|
Girasdar of B Class.
|
|
Three additional installments each equal to one
assessment payable annually after and in continuation of
compensation under section 33.
|
|
Girasdar of C Class
|
|
Six additional installments, each equal to one
assessment payable annually after and in continuation of
compensation under section 33.
|
[These provisos were substituted for the original proviso by Saurashtra Act No. XXXV of 1954.]
|
65ba6d0fab84c7eca86eb464 | acts |
Union of India - Act
----------------------
The Border Security Force, Chief Law Officers and Law Officers Recruitment and Conditions of Service Rules, 1999
------------------------------------------------------------------------------------------------------------------
UNION OF INDIA
India
The Border Security Force, Chief Law Officers and Law Officers Recruitment and Conditions of Service Rules, 1999
==================================================================================================================
Rule THE-BORDER-SECURITY-FORCE-CHIEF-LAW-OFFICERS-AND-LAW-OFFICERS-RECRUITMENT-AND-CONDITIONS-OF-SERVICE-RULES-1999 of 1999
-----------------------------------------------------------------------------------------------------------------------------
* Published on 13 April 1999
* Commenced on 13 April 1999
The Border Security Force, Chief Law Officers and Law Officers Recruitment and Conditions of Service Rules, 1999
Published vide Notification No. G.S.R. 260(E) , dated 13th April, 1999
Ministry of Home Affairs
G.S.R. 260(E) . - In exercise of the powers conferred by clause (n) of sub-section (2) of section 141 of the Border Security Force Act, 1968 (
47 of 1968
), and in supersession of the Border Security Force, Chief Law Officer and Law Officers Recruitment and Conditions of Service Rules, 1977, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely :-
### 1. Short title and commencement.
(1) These rules may be called the Border Security Force, Chief Law Officers and Law Officers Recruitment and Conditions of Service Rules, 1999.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Number of posts, classification and scale of Pay.
- The number of posts, their classification and the scale of pay, attached thereto shall be as specified in columns (2) to (4) of the Schedule annexed to these rules.
### 3. Method of recruitment, age-limit and other qualifications.
- The method of recruitment to the said posts, age-limit, qualifications and other matters relating thereto shall be as specified in columns (5) to (14) of the said Schedule.
### 4. Disqualification.
- No person,-
(a) who has entered into or contracted a marriage with a person having a spouse living, or
(b) who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the said posts :
Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.
### 5. Seniority of Law Officers.
- Seniority of Law Officers shall be determined in accordance with the following rule, namely :-
(1) All officers holding a higher rank whether in an officiating or substantive capacity shall be senior to officers holding the lower rank.
(2) In a particular rank :-
(a) An officer appointed in a substantive capacity shall be senior to an officer appointed in an officiating capacity;
(b) Seniority of officers appointed to any post in a substantive capacity shall be determined in accordance with the date of appointment to that post in a substantive capacity and where two or more officers are appointed in a substantive capacity on the same date, their seniority shall be determined in accordance with their seniority while holding such posts in an officiating capacity;
(c) Seniority of officers appointed to any post in an officiating capacity shall be determined in accordance with the order of selection for appointment to that post;
(d) Seniority of officers promoted on the same date shall be determined in the order in which they are selected for promotion to that rank;
(e) Seniority of re-employed officers in a particular rank shall be determined from the date of their reemployment in that rank.
### 6. Superannuation.
- The age of superannuation of the Chief Law Officers and the Law Officers shall be sixty years.
### 7. Power to relax.
- Where the Central Government is of the opinion that it is necessary or expedient so to do, it may, by order, and for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.
### 8. Saving.
- Nothing in these rules shall affect reservations, relaxation of age limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.
### 9. Appointment.
(a) Officers who have completed their qualifying/eligibility service as contained in the Schedule annexed to these rules, shall only be considered for appointment to the grade(s):
(b) Provided that only those officers who are in medical category SHAPE-I shall be eligible for appointment, on promotion, deputation, or re-employment basis:
Provided further that nothing contained in rule 9(b) shall apply to the officers holding the post on regular basis before the publication of these rules.
### 10. Interpretation.
- If any question arises relating to the interpretation of these rules, it shall be referred to the Central Government for its decision.
Schedule
----------
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
|
Name of the post
|
No. of posts
|
Classification
|
Scale of pay
|
Whether selection post or Non-Selection post.
|
Whether benefit of added years of service
admissible under rule 30 of the Central Civil Services (Pension) Rules 1972.
|
Age limit for direct recruits.
|
Educational and other qualifications required for
direct recruits.
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
1.
|
Chief Law Officer
|
01\* (one) (1999)
|
General Central Service, Group "A".
|
Rs. 16,400-450-20,000/-
|
Selection by merit.
|
No.
|
Not applicable
|
Not applicable.
|
|
2.
|
Chief Law Officer (Discipline and Litigation)
|
01\* (one) (1999)
|
Gazetted, Non-Ministerial, (Combatised) .
|
|
|
|
|
|
|
|
|
\*Subject to variation dependent on workload.
|
|
|
|
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Whether age and educational qualifications
prescribed for direct recruits will apply in the case of
promotees.
|
Period of probation, if any.
|
Method of recruitment whether by direct recruitment
or by promotion or by deputation or absorption and percentage of
the posts to be filled by various methods.
|
In case of recruitment by promotion/deputation/
absorption, grades from which promotion/deputation/ absorption to
be made.
|
If a Departmental Promotion Committee exists, what
is its composition.
|
Circumstances in which Union Public Service
Commission is to be consulted in making recruitment.
|
|
9
|
10
|
11
|
12
|
13
|
14
|
|
Not applicable
|
Not applicable
|
By promotion failing which by deputation/
absorption/ re-employment.
|
1. By Promotion:(i) Serving Border
Security Force Law Officer Grade-I with five years of service as
Law Officer Grade-I with a total of twenty years Group A'
service.Note:1. The fitness of the existing
incumbent holding the feeder grade post with the requisite
qualifying service for appointment to the upgraded post shall be
considered by the competent authority and in case he is
considered fit he shall be deemed to have been appointed to the
next higher grade. In case he is not considered fit. his case
shall be reviewed every year, till such time, he shall continue
to hold the present post.2. If the present incumbent in the
post has completed the requisite qualifying service for
appointment to the upgraded post on or before the date of
publication of this notification, he may be appointed to the
upgraded post from that date. In the case of others who fulfil
the qualifying service on a later date, they shall be appointed
to the upgraded post from the date on which they complete the
qualifying service. This shall be subject to the condition that
irrespective of the date of appointment the original seniority of
the incumbent in the grade prior to up-gradation shall be
maintained for appointment to the upgraded post.II. By
Deputation/absorption:(i) An officer of the rank of
Brigadier or equivalent in the Department of Judge Advocate
General in the Armed Forces of the Union, with minimum 20 years
of Group 'A' service.OR(ii) A Law graduate who is a
member of the State Judicial Services for a period of not less
than 20 years and holding the post of District Judge or an
equivalent post.(iii) Failing (a) and (b), a Central/State
Government Officer having degree in law and possessing legal
experience of not less than 20 years and holding analogous post
or post of Additional Legal Advisor/ Council or equivalent for a
period of not less than 7 years.Note:-(Period of
deputation including period of deputation in another ex-cadre
post held immediately preceding this appointment in the same or
some other organisation/ department shall ordinarily not exceed
three years. The maximum age limit for appointment by deputation/
absorption shall be not exceeding fifty six years as on the
closing date of receipt of applications).III. By
re-employment :Retired/ Released officers of Army, Navy and
Air Force, who had held analogous post in the rank of Brigadier
or equivalent in the Department of Judge Advocate General with
minimum commissioned service of 20 years, having break in service
not more than two years
|
(1) Secretary, Ministry of Home Affairs-- Chairman(2) Director General, Border Security Force-Member(3)
One of the Director General, from the Central Police
Organisations be nominated by the Chairman—Member(4) Joint Secretary, Ministry of Home Affairs-Member(5) A
Nominee of Department of Personnel & Training—Member
|
Not applicable
|
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
2
|
Law Officer Grade-I
|
08\* (Eight) (1999)
|
General Central Service, Group "A". Gazetted,
Non-Ministerial (Combatised) .
|
Rs. 14,300-400-18,300/-
|
Selection by merit.
|
No.
|
Not applicable
|
Not applicable.
|
|
|
|
\*Subject to variation dependent on workload.
|
|
|
|
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
9
|
10
|
11
|
12
|
13
|
14
|
|
Not applicable
|
Not applicable
|
By promotion failing which by deputation/
absorption/reemployment.
|
I. By Promotion
:(i) Serving Law Officer Grade-II with 09 years
regular service as Law Officer Grade-II with a total of fifteen
years group 'A' service.Note :-1. The fitness of the
existing incumbent holding the feeder grade post with the
requisite qualifying service for appointment to the upgraded post
shall be considered by the competent authority and in case he is
considered fit, he shall be deemed to have been appointed to the
next higher grade. In case he is not considered fit, his case
shall be reviewed every year, till such time, he shall continue
to hold the present post.2. If the present incumbent in the
post has completed the requisite qualifying service for
appointment to the upgraded post on or before the date of
publication of this notification, he may be appointed to the
upgraded post from that date. In the case of others who fulfil
the qualifying service on a later date, they shall be appointed
to the upgraded post from the date on which they complete the
qualifying service. This shall be subject to the condition that
irrespective of the date of appointment the original seniority of
the incumbent in the grade prior to up-gradation shall be
maintained for appointment to the upgraded post.II. By
deputation/ absorption:(a) A law graduate holding the
post of Second-in-Command or Commandant in Border Security Force
with fifteen years of Group 'A' service and having atleast 8
years experience in legal affairs.OR(b) From suitable
serving officers of Para Military Forces having an Act similar to
Border Secuirty Force Act 1968, Holding analogous post with
minimum of 15 years Group 'A' service or officers in the grade of
Rs. 12,000-16,500 with 4 years regular service in the grade and
having 15 years of Group A' service having degree in law and 8
years experience in legal affairs.OR(c) An officer of
the rank of Colonel or equivalent in the Department of Judge
Advocate General in the Armed Forces of the Union, with minimum
15 years commissioned service.(d) Failing (a) to (c) from
amongst suitable serving civilian officers of State/ Central
Government holding analogous post with minimum 16 years of Group
'A' service or officers with at least 5 years regular service in
the grade of Rs. 12,000-16,500 possessing atleast a degree in law
and having experience in legal affairs in gazetted post for not
less than 10 years.Note .-(Period of deputation
including period of deputation in another ex-cadre post held
immediately preceding this appointment in the same or some other
organisation/ department shall ordinarily not exceed three
years. The maximum age limit for appointment by deputation/
absorption shall not be exceeding fifty six years as on the
closing date of receipt of applications),(iii) Re-employment:-Retired/ Released officers from Army, Navy
and Air Force who had held analogous post before retirement, and
possessing a degree in law with minimum 15 years of service and 8
years experience in legal affairs, having not more than 2 years
break in service.
|
(1) Director General, Border Security Force,
-Chairman.(2) Joint Secretary, Ministry of Home
Affairs-Member.(3) One Inspector General, Border Security
Force-Met(4) Chief Law Officer, Border Security Force-Member
|
Not applicable
|
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
3
|
Law Officer Grade-II
|
02\* (Two) (1999)
|
General Central Service, Group "A". Gazetted,
Non-Ministerial (Combatised) .
|
Rs. 10,000-325-15200/-
|
Selection by merit.
|
No.
|
Not exceeding 35 years
|
Essential:(i) Degree in Law.(ii) Six years
minimum experience in legal affairs,(iii) Should be
qualified for enrolment as an advocate.Desirable:(1) A post graduate Degree in Law.(2) 2 years
experience in dealing with trials under special laws relating to
Armed Forces.
|
|
|
|
\*Subject to variation dependent on workload.
|
|
|
|
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
9
|
10
|
11
|
12
|
13
|
14
|
|
Not applicable
|
Two years in the case of direct recruits.
|
By deputation/ absorption failing which by direct
recruitment.
|
By deputation/ absorption:(i) Serving
Border Security Force officers with graduation in Law and six
years Group 'A' service with minimum three years experience in
legal affairs.OR(ii) A law graduate in Central/ State
Government services holding analogous post and having not less
than six years experience in legal affairs.(Period of
deputation including period of deputation in another ex-cadre
post held immediately preceding this appointment in the same or
some other organisation/ department shall ordinarily not exceed
three years. The maximum age limit for appointment by deputation/
absorption shall be not exceeding fifty six years as on the
closing date of receipt of applications).Re-employment:Retired/ released officers from Army, Navy and Air Force
who had held analogous post before retirement and possessing the
qualifications prescribed under column (8) , having break in
service not more than two years.
|
(1) Director General, Border Security
Force-Chairman(2) Inspector General Border Security
Force-Member(3) Director/ Deputy Secretary Ministry of Home
Affairs-Member(4) Chief Law Office Border Security
Force-Member
|
Not applicable
|
|
65bac830ab84c7eca86ec817 | acts |
State of Jammu-Kashmir - Act
------------------------------
The Jammu and Kashmir Money Lenders and Accredited Loan Providers Act, 2010
-----------------------------------------------------------------------------
JAMMU & KASHMIR
India
The Jammu and Kashmir Money Lenders and Accredited Loan Providers Act, 2010
=============================================================================
Act 23 of 2010
----------------
* Published on 23 October 2010
* Commenced on 23 October 2010
The Jammu and Kashmir Money Lenders and Accredited Loan Providers Act, 2010
Act
No. 23 of 2010
[Received the assent of Governor on 23rd October, 2010 and published in the Government Gazette dated 25th October, 2010.]
An Act to regulate the transactions of money lending in the State of Jammu and Kashmir and for matters connected therewith and incidental thereto.
Whereas, it is expedient to make provisions for protecting the interests of borrowers, for regulating the transactions of money lending and to secure more transparency in such transactions in the State of Jammu and Kashmir.
Be it enacted by the Jammu and Kashmir State Legislature in the Sixtieth Year of the Republic of India as follows : -
Chapter I
Preliminary
--------------------------
### 1. Short title, extent and commencement.
(1) This Act may be called the Jammu and Kashmir Money Lenders and Accredited Loan Providers Act, 2010.
(2) It shall extend to the whole of the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.
### 2. Definitions.
- In this Act, unless the context otherwise requires, -
(1) "Accredited Loan Provider" means a person who has a contractual arrangement with an institutional creditor for receiving finance from such institutional creditor for the purpose of on-lending to the borrowers in his or its own name ;
(2) "bank" means -
(i) a banking company or a Co-operative Bank to which the Banking Regulation Act, 1949 (Central Act 10 of 1949) applies;
(ii) the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955) ;
(iii) a Subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 of 1959);
(iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970);
(v) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (Central Act 40 of 1980); and
(vi) a Regional Rural Bank established under the Regional Rural Banks Act, 1976 (Central Act 21 of 1976);
(3) "Borrower" means, a person to whom a loan is advanced and includes a successor-in-interest or surety ;
(4) "co-operative society" means a society registered or deemed to have been registered under the Jammu and Kashmir Co-operatives Societies Act, 1989;
(5) "Government" means the Government of Jammu and Kashmir;
(6) "institutional creditor" means any bank which has advanced or agreed to advance monies to accredited loan providers for the purpose of on-lending;
(7) "interest" includes the return to be made over and above what is actually lent, whether the same is charged or sought to be recovered specifically by way of interest or otherwise, but does not include any sum lawfully charged by a money lender or accredited loan provider as costs, charges, expenses towards evaluation, assessment and creation of the security ;
(8) "loan" means an advance whether or money or kind at interest, with or without security, and includes advance, discount, money paid for or on account of or on behalf of or at the request of any person, or the forbearance to require payment of money owing on any account whatsoever, and every agreement (whatever its terms or form may be) which is in substance or effect a loan of money, and also an agreement to secure the repayment of any such loan, but does not include -
(a) a deposit of money or other property in a Government Post Office Bank or in a Government Savings Bank ;
(b) a loan advanced by the Government or by any local authority authorised by the Government;
(c) a deposit of money with or a loan advanced by a Co-operative Society;
(d) a loan advanced by the National Bank for Agriculture and Rural Development established under the National Bank for Agriculture and Rural Development Act, 1981 (Central Act 61 of 1981);
(e) a loan advanced by the Export-Import Bank of India established under the Export-Import Bank of India Act, 1981 (Central Act 28 of 1981);
(f) a loan advanced by the Small Industries Development Bank of India established under the Small Industries Development Bank of India Act, 1989 (Central Act 30 of 1989);
(g) a loan advanced by the National Housing Bank, constituted under the National Housing Bank Act, 1987 (Central Act 53 of 1987);
(h) a loan advanced by State Financial Corporations established under the State Financial Corporation Act, 1951 (Central Act 63 of 1951); and
(i) a loan advanced by any institution -
(1) established by or under an Act of Parliament or the State Legislature which grants any loan or advance of the provisions of that Act or
(2) notified in this behalf by the Government, in consultation with the Reserve Bank ;
(j) an advance made to a subscriber, or a depositor in a Provident Fund from the amount standing to his credit in the fund in accordance with the rules of the fund ;
(k) a loan to or by an insurance company as defined in the Instance Act, 1983 (Central Act IV of 1983);
(l) a loan or debenture in respect of which dealings are listed on any Stock Exchange;
(m) a loan or deposit to or by a non-banking financial company registered with Reserve Bank under Chapter III of the Reserve Bank of India Act, 1934 (Central Act 2 of 1934);
(n) a loan to, or by, or a deposit, with any charitable society or association registered under the Jammu and Kashmir Societies Registration Act, Samvat 1977 ;
(o) an advance made on the basis of a negotiable instrument as defined in the Negotiable Instruments Act, 1981 (Central Act XXXVI of 1981) other than a promissory note ;
(p) a loan or advance made by a trader bona fide carrying on any business, other than money lending, if such loan is advanced in the regular course of such business.
Explanation :- For the purpose of clause (p) , "trader" means a person who in the goods or other property, whether movable or immovable and includes a wholesale or a retail merchant.
(9) "Lok Adalat" means the Lok Adalat established under the provisions of the Jammu and Kashmir Legal Services Authority Act, 1997 and includes a Permanent Lok Adalat;
(10) "money lender" means a person whose main or subsidiary occupation is the business of advancing and realizing loans in the State ;
(11) "Panchayat" means the body constituted at the Panchayat level under the Jammu and Kashmir Panchayati Raj Act, 1989 ;
(12) "prescribed" means prescribed by rules made under this Act;
(13) "principal" means in relation to a loan, the advance actually made to a borrower;
(14) "register" means a register of money lenders of accredited loan providers maintained under this Act;
(15) "registering authority" means a person or an officer appointed by the Government to perform the functions of a registering authority under this Act;
(16) "registration" means a money lender's-registration or accredited loan providers registration granted under this Act;
(17) "Reserve Bank" means the Reserve Bank of India constituted under section 3 of the Reserve Bank of India Act, 1934 (Central Act 2 of 1934);
(18) "rules" means rules made under this Act.
Chapter II
Appointment and Powers of Registering Authority Registration of Money Lenders etc.
--------------------------------------------------------------------------------------------------
### 3. Appointment of registering authority.
- The Government may, by notification in the Government Gazette, appoint such persons, whether public officers or not, as it thinks proper, to be registering authorities of the money lenders and accredited loan providers for the purposes of this Act and may define the areas within which each such authority shall exercise his powers and perform his duties.
### 4. Register of money lenders.
(1) Every registering authority shall maintain for the area under its jurisdiction the registers of all money lenders having valid registration in such form as may be prescribed.
(2) The registers maintained under sub-section (1) shall be published in such manner and at such intervals as may be prescribed.
### 5. Money lender to obtain registration.
(1) No money lender shall commence or carry on the business of providing loan at any place to which this Act applies within obtaining a registration under this Act.
(2) Every application for a money lender's registration and for a renewal of money lender's license shall be in writing in the prescribed manner and form and shall be made to the registering authority along with the prescribed fee.
(3) Every registration granted by the registering authority shall be in such form and subject to such conditions as may be prescribed.
(4) A registration shall be valid within the local area as specified in the registration for a period of three years :
Provided that when an application for renewal of a registration has been received by the registering authority within the prescribed period, the registration shall, until the application is finally disposed of, be deemed to be valid.
(5) The registering authority may, at any time for sufficient cause suspend or cancel a registration granted under sub-section (3):
Provided that no order suspending or cancelling the registration shall be passed except after giving the money lenders an opportunity of showing cause against he proposed action.
Explanation :- For the purposes of sub-section (5) , prosecution or conviction of a money lender for violating any of the provisions of this Act shall be sufficient cause for suspension or cancellation of his registration.
Chapter III
Maintenance of books of Accounts and Submission of Returns
---------------------------------------------------------------------------
### 6. Duty of money lender to maintain accounts and furnish copies.
(1) Every money lender shall keep and maintain a cash book, a ledger, register of securities and such other books of accounts in such form and in such manner as may be prescribed.
(2) Every money lender shall, -
(a) deliver or cause to be delivered, to the borrower within seven days from the date on which a loan is made, a statement in the prescribed form showing in clear and distinct terms the amount and date of the loan and of its maturity, the nature of the security, if any, for the loan, the name and address of the borrower of the money lender and the rate of interest charged :
Provided that no such statement shall be required to be delivered to a borrower if he is supplied by the money lender, with a passbook in the prescribed form containing an up-to-date account of the transactions with the borrower ;
(b) upon repayment of a loan in full, mark indelibly every paper signed by the borrower with words indicating payment or cancellation, and discharge every mortgage, restore every pledge, return every document or note and cancel or reassign every assignment given by the borrower as security for the loan.
(3) No money lender shall receive any payment from a borrower on account of any loan without giving him a duly signed receipt for the payment.
(4) No money lender shall accept from a borrower any article as a pawn, pledge or security for a loan without giving him a signed receipt for the same with its description, estimated value, the amount of loan advanced against it and such other particulars as may be prescribed.
(5) A money lender shall, on a demand in writing by the borrower, and tender of the prescribed sum of expenses, supply a copy of any document relating to a lo i made by him or any security therefore, to the borrower, or if the borrower so requires, to any person specified in that behalf in the demand.
### 7. Submission of accounts, returns etc.
- Every money lender shall file such statements of accounts and submit returns to the registering authority, at such intervals and on or before such dates as may be prescribed.
### 8. Power to require production of records or documents, and power of entry, inspection and seizure.
(1) The registering authority or any officer authorized by the Government in this behalf may, to verify whether the business of the money lender is carried on in accordance with the provisions of this Act, enter the premises of the money lender or any person who in his opinion is carrying on the business of a money lender and call upon him to produce any record or document relating to such business an every such money lender or person shall allow such inspection and produce such record or document.
(2) The registering authority may, for the purposes of the said subsection search the premises and seize any record and document as may be necessary and the record or document seized shall be retained only for such period as may be necessary for the purposes of examination, prosecution or other legal action:
Provided that the provisions of sections 100 and 102 of the Code of Criminal Procedure, Samvat 1989 shall, so far as may be, apply to such search and seizure.
(3) The registering authority of the other officer referred to in sub- section (1) shall also have power to summon and examine the money lender or any person who in his opinion is in a position to furnish relevant information.
### 9. Borrowers not bound to admit correctness of accounts.
- A borrower to whom a statement of accounts or a passbook has been furnished under this Act shall not be bound to acknowledge or deny its correctness and his failure to do so shall not, by itself, be deemed to be an admission of the correctness of the accounts.
Chapter IV
Dispute Resolution
----------------------------------
### 10. Procedure in disputes regarding loan.
(1) In case of any dispute relating to the transactions involving a loan of up to Rs. 50,000 (fifty thousand) or equivalent value (excluding interest), the aggrieved person may file an application in the prescribed form along with the prescribed fee, before the Panchayat and on receipt of such application, the Panchayat shall cause a notice or the application to be given to the other party.
(2) Where in any area there is no Panchayat and in every dispute relating to the transactions involving a loan exceeding Rs. 50,000/- (fifty thousand) or equivalent value (excluding interest), the aggrieved person may file an application in the prescribed form along with the prescribed fee before the Lok Adalat and on receipt of such application, the Lok Adalat shall cause a notice of the application to be given to the other party.
(3) The orders passed by the Panchayat or Lok Adalat, as the case may be, after hearing the parties shall be binding on all the parties to the dispute.
(4) Notwithstanding anything contained in any law for the time being in force, in any suit to which this Act applies, -
(a) a Lok Adalat or Panchayat shall, before deciding the claim on merits, frame and decide the issue whether the money lender has complied with the provisions of section 6 ;
(b) if the Lok Adalat or Panchayat finds that the provisions of section 6 have not been complied with by the money lender, it may, if the money lender's claim is established in whole or in part, disallow the whole or any portion of the interest found due as may seem reasonable to it in the circumstances of the case and may disallow costs.
Explanation : - A money lender who has given the receipt or furnished a statement of accounts or a passbook in the prescribed form and manner, shall be held to have complied with the provisions of section 6, as the case may be, in spite of any errors and omissions if the Lok Adalat or Panchayat finds that such errors and omissions are not material or not fraudulent.
(5) Notwithstanding anything contained in the Code of Civil Procedure, Samvat 1989, the Panchayat or Lok Adalat, as the case may be, shall have jurisdiction to hear and decide disputes relating to loan between a money lender and borrower at the place where the borrower resides.
(6) The Panchayat or Lok Adalat, as the case may be, while hearing a disputes under this Act shall have all the powers as are vested in a Civil Court under the Code of Civil Procedure, Samvat 1989 while trying a suit in respect of the following matters, namely : -
(i) the summoning and enforcing the attendance of any defendant or witness and examining the witnesses on oath ;
(ii) the discovery and production of any document or other material object producible as evidence;
(iii) the reception of evidence on affidavits ;
(iv) issuing of any commission for the examination of any witness; and
(v) any other matter which may be prescribed.
### 11. Power of Panchayat or Lok Adalat to deposit money due on loan in Panhayat or Lok Adalat.
(1) The Panchayat or Lok Adalat may, at any time, on application of judgement-debtor, after notice to the decree holder, direct that the amount of any decree passed against him, whether before or after the date on which this Act comes into force, in respect of a loan, shall be paid in such number of instalments and subject to such conditions, and payable on such dates, as having regard to the circumstances of the judgement-debtor and the amount of the decree, it considers fit.
(2) (a)
Where a money lender refuses to accept the whole or any portion of the money due in respect of his loans, the borrower may deposit the said money into the Panchayat or Lok Adalat, as the case may be, to record full or part satisfaction of the loan.
(b) Where any such application is made, the Panchayat or Lok Adalat, as the case may be, shall, after due inquiry pass orders recording full or part satisfaction of the loan, as the case may be.
### 12. Suits and applications by unregistered money lenders barred.
- Notwithstanding anything contained in any other enactment for the time being in force -
(i) a suit by a money lender for the recovery of a loan ; or
(ii) an application by a money lender for the execution of a decree relating to a loan ; or
(iii) an application for resolution of dispute through a Lok Adalat or Panchayat,
shall be dismissed, unless at the time when the loan was advanced, the money lender held an effective registration.
Chapter V
Accredited Loan Providers
----------------------------------------
### 13. Registration of accredited loan providers.
(1) Any person or institution intending to engage himself or itself as an accredited loan provider shall apply to the registering authority constituted under section 3 of this Act for registration to carry on the business as an accredited loan provider:
Provided that only such person who have the necessary educational qualification or knowledge of agriculture and rural economy, knowledge of maintenance of books of accounts and such other conditions as may be specified in the order issued by the Government in this behalf shall be eligible to become accredited loan providers.
(2) No such application by an accredited loan provider shall be entertained by the registering authority unless such application is countersigned by an institutional creditor having credit link with the accredited loan provider.
(3) No accredited loan provider shall commence or carry on the business of providing loan without obtaining a registration under the provisions of this Chapter.
(4) Even registration granted by the registering authority shall be in such form as may be prescribed.
(5) Every registering authority shall maintain for the area under its jurisdiction the registers of all accredited loan providers having valid registration in such form as may be prescribed.
(6) The registers maintained under sub-section (5) shall be published in such manner and at such periodic intervals as may be prescribed.
### 14. Submissions of accounts, returns etc.
(1) Every accredited loan provider shall maintain such books of accounts and file such statements of accounts and returns as may be prescribed to the registering authority and a copy of such statement of accounts and returns shall also be furnished to the institutional creditor.
(2) The institutional creditor shall, on a requisition from the registering authority, furnish the information concerning the loans provided by an accredited loan provider within such time as may be specified in the requisition.
### 15. Settlement of disputes.
- The provisions of section 10 shall mutatis mutandis apply to any dispute between the accredited loan provider and the borrower.
### 16. Cancellation of registration.
(1) If the institutional creditor has informed the registering authority about the termination of its relationship with the accredited loan provider, the registering authority shall cancel the registration of the accredited loan provider :
Provided that if within a period of thirty days from the cancellation of the registration such accredited loan provider enters into an agreement with another institutional creditor and his application is countersigned by the new institutional creditor, the registering authority shall restore the registration of such accredited loan provider.
(2) the registering authority may, at any time for sufficient cause, suspend or cancel a registration granted under section 13 :
Provided that no order suspending or cancelling the registration shall be passed except after giving the accredited loan provider an opportunity to show cause against the proposed action.
Explanation :- For the purposes of sub-section (2) , prosecution or conviction of accredited loan provider for violation any of the provisions of this Act shall be sufficient cause for suspension or cancellation of the registration.
Chapter VI
Interest Rate Ceiling
-------------------------------------
### 17. Limitation on rates of interest charged by money lenders and accredited loan provider.
(1) The Government may, from time to time, by notification, specify the maximum rates of interest for any local area chargeable by money lenders and accredited loan providers and separate rates of interests may be specified in respect of secured and unsecured.
(2) If any money lender or accredited loan provider charges or receives from a borrower interest at a rate exceeding the maximum rate fixed by the Government under sub-section (1), he shall be liable for punishment under this Act.
(3) The maximum rate of interest notified by the Government under sub-section (1), shall be calculated by taking into account the interest rate trends, cost of transactions, cost of the capital, the risk premium and the administrative expenses associated with such loans.
(4) All money lenders and accredited loan providers shall display the rates of interest charged by them, both on secured as well as unsecured loans, in a conspicuous place in their premises.
### 18. Maximum amount of interest recoverable on loans and discharge of loans in certain cases.
(1) No money lender or accredited loan provider shall recover towards the interest in respect of any loans advanced by him, an amount in excess of the principal amount.
(2) Any loan in respect of which the money lender or accredited loan provider has realized from the debtor an amount equal to or more than twice the amount of the principal, shall stand discharged and the amount, if any, so realized in excess of twice the amount of the loan shall be refunded by the money lender or accredited loan provider, as the case may be, to the debtor.
Chapter VII
Offences and Penalties
---------------------------------------
### 19. Entry of wrong sum in bond, etc to be an offence.
(1) No money lender or accredited loan provider shall take any promissory note, acknowledgment, bond or other writing which does not state the actual amount of the loan, or which states such amount wrongly or obtains any instrument in which blanks are left to be filled after execution.
(2) Whoever contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to twenty thousand rupees or with imprisonment which may extend to one year or with both.
### 20. Penalty for salami, batta, dharmada etc.
- If any loan provider or accredited loan provider or his agent takes from a borrower at the time of advancing a loan or deduct out of the principal of such loan any salami, batta, dharmada or other extraction of similar nature by whatever name called, he shall be punishable with fine which may extend to twenty thousand rupees.
### 21. Penalty for molestation.
(1) Whoever molests, or abets the molestation of, a borrower for the recovery of a debt due by him to a money lender or accredited loan provider or his assignee, as the case may be, shall, on conviction, be punished with imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both.
Explanation :- For the purposes of this section, a person who, with intent to cause another person to abstain from doing any act which he has a right to do or to do any act which he has a right to abstain from doing, -
(a) obstructs or uses violence to or intimidates such other persons ; or
(b) persistently follows such other person from place to place or interferes with any property owned or used by him or deprives him of, or hinder him in, the use of any such property ; or
(c) loiters at or near a house or other place where such other person resides or works, or carries on business, or happens to be ; or
(d) does any act calculated to annoy or intimidate such other person or the member of his family ; or
(e) moves or acts in a manner which causes or is calculated to cause or danger to the person or property of such other person, shall be deemed to molest such other person:
Provided that a person who goes to the house or place referred to in clause (c) in order merely to obtain or communicate information shall not be deemed to molest.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989, offence punishable under sub-section (1) shall be cognizable.
### 22. Penalty for carrying on business without registration.
- Whoever carries on the business of providing loans without obtaining registration or otherwise that in conformity with the terms and conditions imposed by the registering authority shall be punished with imprisonment for a term which may extend to one year and with fine which may extend to fifty thousand rupees.
### 23. Penalty for contravention of the provisions of the Act.
- If any person contravenes any other provision of this Act, he shall be punishable with line which may extend to ten thousand rupees.
### 24. Composition of offences.
(1) The registering authority or any other officer or authority authorized by the Government in this behalf, may accept from the person who has committed or is reasonably suspected of having committed any offence under this Act, by way of composition of such offence, -
(a) a sum of money equal to the maximum amount prescribed as fine under this Act, if the offence is committed for the first time : and
(b) in other cases, twice the amount of such fine prescribed under the respective sections :
Provided that an offence with respect to which a proceeding is pending before the court shall not be compoundable.
(2) Notwithstanding anything contained in sub-section (1), offence punishable under section 21 of this Act shall be cognizable and shall not be compoundable.
### 25. Congnizance of certain offences.
- No court shall take congnizance of any offence, except the offence under section 21 save on a complaint made by registering authority or any other officer inly authorized in this behalf by the Government.
Chapter VIII
Miscellaneous
-------------------------------
### 26. Every officer to be public servant.
- Every officer of the Government and every person acting under the provisions of this Act shall be deemed to be a public servant within the meaning of section 21 of the State Ranbir Penal Code.
### 27. Saving of laws relating to agriculturists indebtedness.
- Nothing in this Act shall affect any of the provisions of any enactment relating to relief or agriculturists indebtedness.
### 28. Power to make rules.
(1) The Government may, by notification in the Government Gazette, make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -
(a) the form of the register under section 4 ;
(b) the form of the application for registration, the further particulars to be included therein and the manner of payment of registration fee under section 5 ;
(c) the form of cashbook, ledger and other books and the manner in which they shall be maintained under section 6 and the other particulars to be prescribed under of that section ;
(d) the form of statement of accounts and passbooks to be furnished or delivered and the date before which it is to be furnished or delivered under section 6 ;
(e) the procedure to be followed by the officers while compounding offences under this Act;
(f) any other matter which has to be or may be prescribed under this Act or any matter for which there is no provision or insufficient provision in this Act and for which provisions, in the opinion of the Government, necessary for giving effect to the provisions of this Act.
(3) Every rule made under this Act, shall be laid, as soon as may be after it is made before each House of the State Legislature while it is in session for 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 or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
### 29. Power to exempt.
- The Government may, after consultation with the Reserve Bank, by notification in the Government Gazette, exempt such money lenders or accredited loan providers, from all or any of the provisions of this Act, subject to such conditions as it may deem fit and for such period as may be specified.
### 30. Annual report on the administration of the Act.
- The Government shall prepare an annual report on the administration of this Act and the same shall be laid on the Table of both the Houses of the State Legislature annually.
|
65ba838eab84c7eca86ebd80 | acts |
Union of India - Act
----------------------
The Electrical Wires, Cables, Appliances and Accessories (Quality Control) Order, 1993
----------------------------------------------------------------------------------------
UNION OF INDIA
India
The Electrical Wires, Cables, Appliances and Accessories (Quality Control) Order, 1993
========================================================================================
Rule THE-ELECTRICAL-WIRES-CABLES-APPLIANCES-AND-ACCESSORIES-QUALITY-CONTROL-ORDER-1993 of 1993
------------------------------------------------------------------------------------------------
* Published on 24 February 1993
* Commenced on 24 February 1993
The Electrical Wires, Cables, Appliances and Accessories (Quality Control) Order, 1993
Published vide Notification Gazette of India, Extraordinary, Part 2 Section 3(2) , dated, 24th February, 1993 (w.e.f. 24th February, 1993).
G.S.R. 83(E) , dated 24th February, 1993. - In exercise of the powers conferred by Section 3 of the Essential Commodities Act, 1955 (
10 of 1955
), and in supersession of the order of the Government of India in the Ministry of Industry, No. G.S.R. 356 (E) , dated the 18th March, 1988, except as respects things done or omitted to be done before such supersession of the Central Government hereby makes the following Order, namely :
### 1. Short title and commencement.
(1) This Order may be called the Electrical Wires, Cables, Appliances and Accessories (Quality Control) Order, 1993.
(2) It shall come into force on the date of its publication in the Official Gazette.
### 2. Definitions.
- In this Order, unless the context otherwise requires-
(a) "Appropriate Authority" means an officer not below the rank of an Under Secretary to the Government of India or an officer not below the rank of a General Manager, District Industries Centres or a State Government as may be appointed by the Central Government or the State Government to implement the provisions of this order.
(b) "Bureau" means the Bureau of Indian Standards ;
(c) "Dealer", in relation to electrical wires, cables, appliances and accessories, means a person who, or a firm or a Hindu undivided family which, carries on, directly or otherwise, the business of buying, selling, supplying or distributing any such electrical wires, cables, appliances and accessories, whether in cash or for deferred payment or for commission, remuneration or other valuable consideration ;
(d) "Electrical wires, valves, appliances and accessories" means the electrical wires, cables, appliance and accessories specified in column (2) of the Schedule ;
(e) "Manufacturer", in relation to electrical wires, cables, appliances and accessories, means a person who, or a firm or a Hindu undivided family which, produces, makes, assembles or manufactures any such electrical wires, cable, appliance and accessories and includes a person who, or a firm or Hindu undivided family which, claims such electrical wires, cables, appliances and accessories to be produced, made, assembled or manufactured by such person or firm or Hindu undivided family, as the case may be.
(f) "Schedule" means the Schedule annexed to this Order :
(g) "Specified Standard", in relation to electrical wires, cables, appliances and accessories, means the standard as specified in the corresponding entry in column (3) of the Schedule ;
(h) "Standard Mark" means the Bureau of India Standard Certification Mark specified by the Bureau to represent a particular Indian Standard, and also includes any Indian Standard specified by the Bureau; and
(i) "State Government" includes a Union Territory Administration.
### 3. Prohibition regarding manufacture, sale, etc. of electrical wires, cables, appliances and accessories.
(1) No person shall by himself or through any person on his behalf manufacture or store for sale, sell or distribute any electrical wires, cables, appliances and accessories which do not conform to the specified standards and they shall bear standard mark of the Bureau :
Provided that nothing in this Order shall in relation to export of electrical wires, cables, appliances and accessories required for export which conform to any specification required by the foreign buyer and such specification shall not in any case be less than the specified standard.
(2) The sub-standard or defective electrical wires, cables, appliances and accessories or raw-material or components, which do not conform to the specified standard shall be deformed beyond use and disposed of as scrap.
### 4. Certification of manufacturers.
(1) The manufacturer of electrical wires, cables, appliances and accessories shall make an application to the Bureau for obtaining licence for use of the standard mark, within 45 days of the issue of this Order, if not already obtained.
(2) The grant of licence by the Bureau for use of the standard mark shall be as per the provisions of the Bureau of Indian Standards Act, 1986 (
63 of 1986
) and the rules and regulations made thereunder
(3) When any person by himself or through any person on his behalf proposes to manufacture electrical wires, cables, appliances and accessories, he shall make an application to the Bureau within 45 days of commencement of production.
(4) Consequent to the lapsing or cancellation of any licence or closure of application by the Bureau for one or more of the electrical wires, cables, appliances and accessories mentioned in column (2) of the Schedule, other appropriate authority shall also be informed.
### 5. Prohibition of storage, sale and distribution.
- No person shall by himself or through any person acting on his behalf store for sale, sell or distribute any electrical wires, cables, appliances and accessories which do not bear the standard mark of the Bureau and which have not been manufactured by a person who has obtained a Certification Mark Licence for the purpose.
### 6. Power to call for information, etc.
- The appropriate authority may, with a view to securing compliance with this Order,-
(a) require any person engaged in the manufacture, store for sale, sale or distribution of any electrical wires, cables, appliances and accessories to give such information as it deems necessary in relation to the manufacture, storage for sale, sale or distribution of any electrical wires, cables, appliances and accessories for the implementation of this Order or require any such person to furnish to it samples of any such electrical wires, cables appliances and accessories or any components of any such electrical wires, cabes, appliances and accessories;
(b) inspect or cause to be inspected any books or other documents and other electrical wires, cables, appliances and accessories or the components of any such electrical wires, cables, appliances and accessories kept by or belonging to or in the possession or under the control of any person engaged in the manufacture, storage for sale, sale or distribution of any such electrical wires, cables, appliances and accessories ;
(c) cause an officer authorised under Para. 8 to enter and search any premises and seize any electrical wires, cables, appliances and accessories in respect of which it has reason to believe that a contravention of this Order has been committed or the said electrical wires, cables appliances and accessories are not of the specified standard ; and
(d) the provisions of Sec. 100 of the Code of Criminal Procedure, 1973 (2 of 1974) relating to the search and seizure under this paragraph.
### 7. Testing of samples.
- Samples of any electrical wires, cables, appliances and accessories bearing the Standard Mark and drawn by the appropriate authority, for ascertaining whether they are of the specified standard, shall be tested in the laboratory approved by the Bureau and in the manner as may be determined by the Bureau.
### 8. Power to issue directions to manufacturers and dealers.
- The appropriate authority may issue such directions to manufacturers and dealers, consistent with the provisions of this Order, as may be necessary for carrying out the purposes of this Order.
### 9. Compliance of direction.
- Every person engaged in the manufacture, storage for sale or distribution of any electrical wires, cables, appliances and accessories, to whom any direction is issued under this Order, shall comply with such direction.
### 10. Obligation to furnish information.
- No manufacturer or dealer with intent to evade the provisions of this Order, refuse to give any information lawfully demanded from him under Para. 6 or conceal, destroy, multilate or deface any books or documents or any electrical wires, cables, appliances and accessories kept by, or in the possession or control of, such person.
### 11. Penalty.
- Any person who contravenes any of the provisions of this Order or fails to carry out any direction or requisition made thereunder shall be punishable, and the property in respect of which the order has been contravened shall be liable to forfeiture, under Section 7 of the Essential Commodities Act, 1955 (10 to 1955).
### 12. Appeal.
(1) Any manufacturer or dealer aggrieved by any decision of the appropriate authority may prefer an appeal in writing to the Central Government, within 30 days from the date of receipt by him of the copy of the order, communicating such decision:
Provided that the Central Government may admit any appeal after the expiry of the period aforesaid if it is satisfied that the appellant was prevented from filing the appeal in time due to sufficient cause.
(2) On receipt of the appeal under sub-paragraph (1), the Central Government may, after giving the appellant an opportunity of being heard, pass such order as it may deem fit.
Schedule
----------
Quality Control Order, 1993
Items covered under the above Order are as follow :-
| | | |
| --- | --- | --- |
|
Sl. No.
|
Item
|
Standard
|
|
1
|
2
|
3
|
|
1
|
Safety of household and similar electrical appliances—Electric
immersion water heaters.
|
IS : 302-2-201 (1992) |
|
2
|
Safety of household and similar electrical appliances—Electric
iron.
|
IS : 302-2-3 (1992) |
|
4
|
Safety of household and similar electrical appliances—Electric
radiators.
|
IS : 302-2-30 (1992) |
|
5
|
Switches for domestic and similar purposes.
|
IS : 3854 : 1988
|
|
6
|
2 Amps switches for domestic and similar purposes.
|
IS : 4949 : 1968
|
|
7
|
3 Pin plugs socket outlets.
|
IS : 1293 : 1988.
|
|
65b9bdf5ab84c7eca86e9d48 | acts |
State of Rajasthan - Act
--------------------------
The Rajasthan Land Tax Rules, 1985
------------------------------------
RAJASTHAN
India
The Rajasthan Land Tax Rules, 1985
====================================
Rule THE-RAJASTHAN-LAND-TAX-RULES-1985 of 1985
------------------------------------------------
* Published on 1 January 1985
* Commenced on 1 January 1985
The Rajasthan Land Tax Rules, 1985
G.S.R. 46 - In exercise of the powers conferred by Section 26 and all other enabling provisions of the Rajasthan Land Tax Act, 1985 (Rajasthan Act
6 of 1985
), the State Government hereby makes the following rules namely:-
Chapter-I Preliminary
### 1. Short Title, extent and commencement.
(1) These rules may be called the Rajasthan Land Tax Rules, 1985.
(2) They shall extend to the whole of the State of Rajasthan.
(3) 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 Rajasthan Land Tax Act, 1985;
(b) "Agent" means a person authorised in writing by the land holder to appear on his behalf before any authority under the Act;
(c) "form" means a form appended to these rules;
(d) "Government" means the Government of Rajasthan;
(e) "section" means a section of the Act;
(f) "treasury" means a Government Treasury in the State of Rajasthan and includes a sub-treasury.
(2) Words and expressions defined in the Act but not defined in these rules have the meanings respectively assigned to them in the Act.
Chapter-II Registration of Land Holders
### 3. Application for registration.
(1) An application for registration, as required to be made by a land-holder under sub-section (1) of section 6, shall be made separately in respect of each land and for each type of such purpose as are referred to in clause (g) of section 2, except that in respect of all lands held or used for the purpose mentioned in sub-clause (i) clause (a) of section 2 only one application shall be required for registration.
(2) Where a land-holder has more than one land for the purpose mentioned in sub-clause (i) of clause (a) of section 2, he shall show in the application for registration any one land with the details of its location as principal land and any one office (with full address), where he shall keep his books of accounts, as principal office; and both of such lands and office shall be so shown by him as to fall under the territorial jurisdiction of the same assessing authority.
### 4. Form of application for registration.
- Every application for registration shall be made in Form L.T.I., and shall be accompanied by a receipt showing payment of the registration fee.
### 5. Form of Registration Certificate and its issue.
- The certificate of registration to be issued under sub-section (2) of section 6 shall be in Form L.T. 2, and it shall be issued within a period of 60 days from the date of application.
### 6. Cancellation of registration certificate.
- The assessing authority concerned may cancel a registration certificate, if, after giving the holder of the certificate a reasonable opportunity of being heard, he is satisfied that such holder has obtain it by fraud or that he is not more liable to pay tax under the Act.
### 7. Duplicate on loss of registration certificate.
- If a registration certificate is lost or misplaced or accidentally destroyed, a duplicate may be issued by the assessing authority concerned, on an application accompanied by a receipt for the payment of a fee of rupees ten in this behalf.
### 8. Registration certificate not transferable.
- A registration certificate shall not be transferable and when the holder of a certificate is succeeded by another person for any reason, a new resignation certificate shall be applied for by such successor within ninety days of succession.
### 9. Land covered by registration certificate.
(1) Subject to the provisions of sub-rule (2), a registration certificate shall cover only one land mentioned therein.
(2) Where a land holder has more than one land for the purpose of sub-clause (1) of clause (a) of section 2, the registration certificate shall be issued for the principal land as shown by the land holder, and for each such other land a certified copy of the registration certificate shall be obtained by the land holder on payment of a fee of rupees ten for each copy of Registration. The assessing authority shall while issuing certificate copy mention therein the full identity and address of such other land as also in the original certificate, and in case such other land is out side his jurisdiction, shall intimate within 15 days of the issue of such certified copy full particulars thereof to the assessing authority having jurisdiction. Such certified copy shall be valid as a registration certificate in respect of the land mentioned therein so long as the original certificate is valid.
### 10. Registration certificate to be kept open for inspection.
- The holder of a registration certificate shall keep it open for inspection in his office where his accounts are maintained for the purpose of section 18 and 20.
Chapter-III Exemptions
### 11. Separate accounts of Exempted Lands.
- Wherever any land is exempted from tax under section 4, the land holder shall maintain separate necessary accounts in respect of such land for the purpose of the Act, if he has any other land not so exempted.
Chapter-IV Appointment of officers and their jurisdictions etc.
### 12. Assignment of functions to officers.
- Subject to the provisions of the Act and these Rules, the Director any, for the purpose of enforcing the provisions of the Act and these Rules and subject to any orders or directions etc. issued by the Government in this behalf from time to time under section 24 or other provisions of the Act, by order distributed or assign any functions of the assessing authority or appellate authority under the Act, in respect of such class of persons or class of lands or such areas as may be specified, to any officer or officers working under the Government.
### 13. Decision of question about jurisdiction.
- If any question or doubt arises in respect of the area or jurisdiction, territorial or otherwise, of any authority or officer functioning under the Act or these Rules, it may be decided by an order by the Director, whose decision shall be final, and meanwhile no proceedings under the Act shall be stayed on such account, except by an order by the Government or the Director.
Chapter-V Returns, Statements and other information's.
### 14. Form and period etc. of returns.
(1) The returns referred to in sub-section (1) of section 7 shall be filed in Form L.T. 3-A, 3-B, 3-C or 3-D, as the case may be as to the land or lands held or used for the purposes of sub clauses (i), (ii), (iii) and (iv) of clause (a) of section 2 respectively. Such returns shall be signed by the land holder himself or li is agent, and shall be verified in the manner indicated therein, and may be presented personally or send by registered post.
(2) The returns shall be filed for each of the quarters ending with the last day of the months of June, September, December and March of every year if the land holder ends on the 31st day of March, and in other cases, for each of the quarters by the year of his accounts, and shall be filed within 30 days after the end of the quarter to which it relates:
Provided that where a land held or used for any of the purposes of the Act, is transferred or ceases to be so held or used, the land holder shall, within a period of thirty days of such transfer or cessation, furnish a return for the period related to the quarter concerned.
### 15. Cognizance of return without receipt.
- If a return is not accompanied by a receipt for the payment of tax paid as required under sub-section (2) of section 7, the assessing authority shall not be bound to take cognizance of such return for the purpose of the land holder's obligation to furnish the return under the said section
### 16. Other information required by assessing authority.
- The assessing authority may for the purposes of the Act. including section 8. 9 and 18, call for any factual statement or information regarding any land or annual value, etc. from the land holder, who shall comply with the same in the manner as laid down and within the time allowed by the assessing authority.
Chapter-VI Notice of Demand
### 17. Notice of Demand on assessment of Tax.
- As soon as assessment of tax has been completed under section 8, 9 or 12 the assessing authority shall serve a notice of demand for payment in Form L.T. 4 on the land holder along with a certified copy of the assessment order requiring him to pay the tax so assessed, within the prescribed time for the Act.
### 18. Notice of Demand for dues other than tax.
- A notice of demand for payment in respect of fees, penalty, interest or other dues issued by the concerned authority may be in Form L.T. 4 with such variations as may be required in the circumstances of each case.
Chapter-VII Appeal and Revision and their effects
### 19. Memorandum of Appeal.
- The memorandum of appeal under section 14 shall be in Form L.T. 5 and shall be submitted in duplicate.
### 20. Contents of memorandum of Appeal.
- The memorandum of appeal shall specify all the particulars given in the prescribed form and shall be signed and verified by the appellant or by his agent and shall be accompanied by a certified copy of the order sought to be challenged.
### 21. Presentation of Appeal.
- The memorandum of appeal shall be presented by the appellant or his pleader or his agent to the appellate authority or such member of his staff as such authority may appoint in that behalf, or may be sent by registered post addressed to such authority.
### 22. Calling for records and comments.
- The appellate authority shall send a copy of the memorandum of appeal to the assessing authority concerned asking him to send the record of the order appealed against together with his comments, if any.
### 23. Notice of hearing.
- The appellate authority shall be notice of the date fixed for hearing to the appellant and to the assessing authority concerned. Such notice may be delivered personally or by registered post.
### 24. Dismissal for default.
(1) Where the appellant does not appear on the date fixed for hearing, the appellate authority may dismiss the appeal in default.
(2) An appeal dismissed under the above sub-rule shall be restored if the appellant makes an application for that purpose within 30 days of the date of dismissal and satisfies such authority that the appellant was prevented by sufficient cause from appearing on the date fixed for hearing: and such restoration may be unconditional or on such conditions as such authority may deem reasonable in the circumstances of each case including conditions as to the payment of costs to the state.
### 25. Communication of appellate order.
- A copy of every order of the appellate authority disposing of an appeal shall be sent to the appellant and to the assessing authority concerned, either by personal delivery or by registered post.
### 26. Application for revision.
- An application for revision under section 15 shall be in Form L.T. 6 and shall be verified.
### 27. Other provisions regarding revisions.
- The provisions of rules 20 to 25 shall apply in respect of application for revision, procedure for revision and other matters connected therewith in the same manner as they apply to appeals with such modifications as may be necessary.
### 28. Effect of appellate or revision orders and refund.
(1) If an order passed in appeal or revision has the effect of varying any order of the assessing authority, the assessing authority shall take action to implement the order, and in particular, shall under section 17 refund the excess, or realise the defect as the case may be. Such excess shall be refunded forthwith in the manner laid down in sub-rule (2).
(2) If the assessing authority is satisfied that the payment made by a land holder is in excess of the tax due, he shall pass an order for refund of the excess amount and shall issue a refund order in Form L.T. 7 together with an advice to the Treasury Officer or Sub-Treasury Official or Manager of the Bank, as the case may be, in Form L.T. 7-A.
(3) If any amount is recoverable from a land holder then instead of the refund order for the amount refundable under sub-rule (2) the assessing authority shall issue refund adjustment order in Form L.T.8 for necessary amount.
Chapter-VIII Accounts by land holders
### 29. Preservation of accounts.
- All accounts kept under the Act by a land holder shall be preserved with reasonable care for a period of at least 0 years after the close of the year of such accounts. Accounts pertaining to any litigation shall be preserved till that becomes final.
Chapter-IX Mode of payment, recovery of tax etc., land accounts in Government Department and their verification.
### 30. Mode of payment of tax, etc.
- All payment of tax, interest, penalty or fees, unless expressly provided otherwise in the Act or these rules, shall be made into the concerned treasury by means of a challan in Form L.T. 9 or through a demand draft or crossed cheque in favour of the assessing authority concerned drawn on State Bank of India or any of its subsidiary banks.
### 31. Issue of receipts.
- The officer-in-charge of the treasury in which any amount is paid by means of a challan under rule 30 shall issue a receipt hi duplicate to the person paying the amount and forward to the authority concerned the part of the challan in Form L.T. 9 marked "original" within 7 days of the payment. The person making the payment, receiving the receipt in duplicate as aforesaid, may retain one copy of the receipt with himself and shall use its other copy (the portion marked for that purpose) for attaching to the return or other document to be submitted to the authority concerned, as the case may be.
### 32. Verification of accounts.
(1) In the first week of each month the tax authority concerned shall prepare a statement in Form L.T. 10 land shall forward it to the Treasury Officer for verification.
(2) If any discrepancy is discovered by the Treasury Officer at the time of verification, he shall inform the tax authority concerned, who shall send the necessary records to the Treasury Officer for reconciliation of accounts.
### 33. Furnishing of security for stay under Section 25.
- In accordance with section 25, every land holder who is required to furnish security shall furnish a bond executed by himself in Form L.T. 11 with two sureties acceptable to the assessing authority for the amount the recovery of which has been stayed by the Director, and each of the sureties shall execute a bond in said Form. In the alternative the land holder may deposit Savings Certificates issued by the Government of India of face value not less than the amount as aforesaid, duly endorsed in favour of the assessing authority, are bank guarantee for the said amount.
Chapter-X Notice etc., and their Service
### 34. Form of Notice, mode of service etc.
(1) The notice required to be given to the assessing authority under sub-section (1) of section 13 of the Act shall be in Form L.T. 13 and that under sub-section (2) of section 13 of the Act shall be in Form L.T. 14.
(2) The notice under sub-section (1) of section 13 of the Act shall be signed by the land holder himself or his agent, and that under sub-section (2) of section 13 of the Act shall be signed by the legal representatives of the deceased, and such notices may be presented personally or sent by registered post.
(3) Every summon, notice or direction issued under the Act or these rules for the production of any document, appearance of any person or showing cause shall be in Form L.T. 12.
(4) The service of any notice, summons, or order under the Act or these rules may be effected in any of the following ways, namely:-
(a) by giving or tendering the copy thereof to the person addressed or his manager or agent; or
(b) if such person or his manager or agent cannot easily be found, by leaving a copy thereof at his last known place of office or residence.or by giving or tendering it to some adult male member of his family: or
(c) if the address of such person is known to the tax authority concerned, by sending a copy thereof to him by registered post: or
(d) if none of the modes aforesaid is practicable, by affixation of a copy thereof in some conspicuous place at his last known place of office or residence.
Chapter-XI Miscellaneous
### 35. Who can represent.
- No person shall appear before any tax authority in any proceeding under the Act as an agent of any other person, unless he is,-
(a) an advocate duly registered under the Advocates Act; or
(b) a friend or relative of the land holder, making such appearance without charging any remuneration therefor: or
(c) a person holding a general or special power of attorney executed by the land holder: or
(d) an officer duly authorised by the Director by a general or special order in this behalf.
### 36. Court fees.
- Court fee stamps of the value indicated below shall be affixed on all documents in respect of appeals, revisions and other proceedings under the Act or these rules:-
| | | |
| --- | --- | --- |
|
S.No.
|
Nature of Document
|
Value of Court fee stamps
|
|
1
|
2
|
3
|
|
1.
|
Memo of appeal under section 14
|
Rs. Twenty five
|
|
2.
|
Application for revision under Section 15
|
Rs. Twenty five
|
|
3.
|
Vakalatnama by an advocate, or authority by a friend or
relative of the land holder
|
|
|
|
(a) an appellate authority or an assessing authority
|
Rupee One
|
|
|
(b) the Board of Revenue
|
Rupees Two
|
|
4.
|
Application for adjournment of any proceedings
|
Rupee One
|
|
5.
|
Application for obtaining copies
|
Rupee One
|
|
6.
|
Copy of any order or document
|
For every page Rupee One
|
|
7.
|
Copying fees for urgent copies
|
Double the fee payable at S.No. 6 above
|
|
8.
|
Application for inspection of files
|
Rupee One for every one hour or less of inspection
|
|
9.
|
Urgent application for inspection
|
Double of the fee payable at S.No. 8 above
|
|
10.
|
Any other document not covered by 1 to 8 above
|
Rupee One
|
Explanation. - No fee shall be chargeable when a document is filed by or on behalf of any assessing authority.
### 37. Survey or re-survey of lands.
(1) The survey or re-survey of the lands to be carried out under section 21 shall be conducted, as far as may be, at least once in each financial year.
(2) Such survey shall be conducted under the directions and guidelines issued in this behalf from time to time by the Director, who shall recommend to the State Government the officer or officers and the area or areas, for special authorisation for survey of lands under the said section.
### 38. Power to take evidence on oath etc.
- The assessing authority, the Appellate authority, and the Board of Revenue shall, for the purposes of the Act and these Rules, have the same powers as are vested in a court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) when trying a suit, in respect of the following matters, namely:-
(a) enforcing the attendance of any person and examining him on oath or affirmation:
(b) compelling the production of documents:
(c) issuing commission for examination of witnesses;
and any proceeding before the Board of Revenue, the appellate authority and the assessing authority shall be deemed to be a judicial proceeding" within the meaning of Section 193 and 228 and for the purposes of section 196 of the Indian Penal Code (XLV of I860).
### 39. Power to break open door, etc.
- Any officer specially authorised under section 20 (2) and the assessing authority shall, for the purposes of section 20 have power to break open an) box or receptacle In which any books of accounts or records of a land holder liable to pay tax under the Act may be contained or to break open the door of any premises where any such books of accounts or records may be kept or to place marks of identification on his books of accounts or records or to make or cause to be made extracts or copies thereof:
Provided that the power to break open the door shall be exercised only after the owner or any other person in occupation of the premises, if he is present therein fails or refuse to open the door on being called upon to do so.
### 40. Role of Police.
- The authorities empowered by or under section 20 may, if necessary for the purposes of the said section, request in writing for the help of the local police and the police authorities shall render such assistance as may be necessary to enable the said authorities to exercise the powers conferred on them under the Act or these Rules.
Form L.T. 1
Application for Registration
(See Rule 3)
Dated ........... day .............. of ............
To,
Sir,
I/ We request that a certificate of registration under the Rajasthan Land Act. 1985 be granted to me/ us.
### 2. The fee of Rs. 50/- payable for the grant of registration certificate has been paid vide receipt No. ............. dated ............/ DD. No. ..... Dated ..................
### 3. The required particulars are given below:- (i) Name of the applicant with complete address.
(ii) Is the applicant individual/private Company/public Company, firm or association?
(iii) The name and address of the Land holder/partners of the firm/Directors of the Company.
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Name
|
Address
|
Age
|
Father's Name
|
Permanent address
|
Signatures
|
Name address & signature of witness
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
(iv) Full address of the principal office (only in case of lands for the purpose of Section 2 (a) (i).
### 4. Detail/Particulars of the Land in the State or Rajasthan. | | | | |
| --- | --- | --- | --- |
|
S No.
|
Name of the village tehsil & Distt. where
land is situated
|
Area of the Land (in hectares)
|
Purposes for which it is held/ utilised
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
### 5. Particulars of the land which may be reckoned as principal land (only in case of lands for the purpose of section (2) (a) (i) out of the Land stated in para 4.) ###
6. Any other details which the applicant wishes to furnish.
I/ We do hereby declare that the particulars furnished above are correct and I/We am/are ready to furnish any other details as may be required by you.
Yours faithfully
| | |
| --- | --- |
|
Place .........
|
Signature, name and designationof the
applicant
|
|
Date ..........
|
[Note]:- 1. The application should be submitted to the assessing authority under whose jurisdiction principal land is situated as per para No. 5.
(2) Separate applications be submitted to the different assessing authority for the land used for different purposes as defined section 2 (a) of the Act.
(3) The application should be submitted in copies equal to the number of land stated in para 4.
Form L.T. 2
Government of Rajasthan
| | |
| --- | --- |
|
No. .................
|
Dated ............
|
Certificate of Registration
(See rule 5)
This is to certify that .......................................
(Name and address of the land holder)
is registered as a Land holder under Rajasthan Land Tax Act, 1985.
### 2. It is further certified that according to the information furnished by the afore-mentioned land holder he holds following land/lands within the State or Rajasthan which are liable for tax under the Rajasthan Land Tax Act, 1985. | | |
| --- | --- |
|
S. No.
|
Description of area where land holder holds/used
laud either as owner/tenant/lessee/licensee or grantee etc.
|
|
Village
|
Tehsil
|
District
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
| | |
| --- | --- |
|
Area of the land (In Hects)
|
Amount of annual dead rent (if it is a mining
land)
|
|
5
|
6
|
|
|
|
Signature & Designationof the issuing authority
Form - L.T. 3-A
(See Rule 14 (1) ]
Return
Regarding Lands for the purpose of section 2(a) (i)
Year ......... (from ......... to ...........)
For the Quarter (Dates of period) - from ........... to .......
### 1. Name and status (where individual, firm, company, etc.) of the land holder- ###
2. Full Particulars of the principal land-
### 3. Full address of the principal office- ###
4. Number and date of issue of the Registration Certificate-
### 5. Particulars in respect of annual value/part of annual value (actual, or as the case may be, estimated) of lands for this quarter. (Show particulars in respect of each land separately in serial order)
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
S.No.
|
Complete Location
|
Area
|
Lease period
|
Quarter period
|
Date of commencement of original lease
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Names of minerals
|
Annual Dead Rent Rs.
|
Production Tonnes
|
Despatched/ used Tonnes
|
|
7
|
8
|
9
|
10
|
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Royalty accrued Rs.
|
Annual Value Rs.
|
Rate of tax payable on such Annual value
|
Tax payable Rs.
|
|
11
|
12
|
13
|
14
|
|
|
|
|
|
### 6. Tax deposited vide receipts as below and herewith enclosed- (Give details in serial order with number, date amount Rs. and Total Rs.)
### 7. Balance tax outstanding (if any) Rs. - ###
8. Other relevant information (if any)-
Verification
I ............................. Proprietor/ Secretary/ Trustee/ Partner/ Manager/ Agent/ Director of Company/ Karta of the Family do hereby declare and verify that the Annual value mentioned and information given above are true and complete to the best of my personal knowledge and that nothing has been wilfully concealed and omitted.
| | |
| --- | --- |
|
Enclosed.
|
(Signature) ....................
|
|
Date ...........
|
(Name) ..........................
|
|
|
(Status - Give it here asindicated above
also)...
|
Note:- The return should be signed and verified by the person himself, of status as indicated above.
Form-L.T. 3.B
[See Rule 14 (I) ]
Return
Regarding the hand falling under the purpose of Section 2(a) (ii) year .............................. (from ............ to .............) for the Quarter (Dates of period) From ......... to .............
### 1. Name and status (whether individual, firm, company, etc.) of the land holder.................... ###
2. Full particulars of the land..............
### 3. Full address of the office................ ###
4. Number and date of issue of the Registration certificate........
### 5. Particulars in respect of Annual value/part of Annual value (actual or as the case may be, estimated) of the Land for this quarter ............................ | | | | |
| --- | --- | --- | --- |
|
Complete location of the land
|
Name of forest or horticultural produce
|
Production quantity
|
Sales price of produce Rs. (if sold)
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Average market price of produce Rs. (if not sold)
|
Annual value Rs.
|
Rate of Tax payable on such Annual value
|
Tax payable Rs.
|
|
5
|
6
|
7
|
8
|
|
|
|
|
|
### 6. Tax deposited vide receipts as below and herewith enclosed- (Give details in serial order with number, date, amount Rs. and Total Rs. ).
### 7. Balance tax outstanding (if any) Rs. - ###
8. Other relevant information (if any) -
Verification
I .......................... Proprietor/ Secretary/ Trustee/ Partner/ Manager/ Agent/ Director of Company/ Karta of the Family do hereby declare and verify that the Annual value mentioned and information given above are true and complete to the best of my personal knowledge and that nothing has been wilfully concealed and omitted.
| | |
| --- | --- |
|
Enclosed.
|
(Signature) ....................
|
|
Date ...........
|
(Name) ..........................
|
|
|
(Status - Give it here asindicated above
also)...
|
Note. - The return should be signed and verified by the person himself, of status as indicated above.
Form - L.T. 3-C
(See Rule 14(1) ]
Return
Regarding the land for the purposes of Section 2(a) (iii) year ........ (from ............. to ..........) For the quarter (Dates of period) - from .............. to .....................
### 1. Names and Status (whether individual, firm, company, etc.) of this land holder ............ ###
2. Full particulars of the land.............
### 3. Full address of the office............... ###
4. Number and date of issue of the Registration Certificate..........
### 5. Particulars in respect of Annual value/ part of Annual value of the Land for the Quarter .............. | | | | |
| --- | --- | --- | --- |
|
Complete location of the land
|
Particulars of its industrial or commercial
purpose
|
Area of the Land
|
Prevailing market value (in Rs.) of the Land on
the first day of April where the year being on that day or on the
first day of April immediately preceding the year where the
year begins on any other day
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
| | | |
| --- | --- | --- |
|
Annual value Rs.
|
Rate of taxes payable on such Annual value
|
Tax payable Rs.
|
|
5
|
6
|
7
|
|
|
|
|
### 6. Tax deposited vide receipts as below and herewith enclosed- (Give details in serial order with number date, amount Rs. and Total Rs.)
### 7. Balance tax outstanding (if any) Rs. - ###
8. Other relevant information (if any)-
Verification
I Proprietor/ Secretary/ Trustee/ Partner/ Manager/ Agent/ Director of Company/ Karta of the Family do hereby declare and verify that the Annual value mentioned and information given above are true and complete to the best of my personal knowledge and that nothing has been wilfully concealed and omitted.
| | |
| --- | --- |
|
Enclosed.
|
(Signature) ....................
|
|
Date ...........
|
(Name) ..........................
|
|
|
(Status - Give it here asindicated above
also)...
|
Note. - The return should be signed and verified by the person himself of status as indicated above.
Form - L.T. 3-D
[See Rule 14(1) ]
Return
Regarding the Land for the purpose of Section 2(a) (iv)
Year .................. (from .......... to .............)
For the Quarter (Dates of period) from ...................... to ....................
### 1. Name and status (whether individual, firm, company etc.) of the land holder- ###
2. Full particulars of the principal land-
### 3. Full address of the principal office- ###
4. Number and date of issue of the Registration Certificate-
### 5. Particulars in respect of Annual value/part of Annual value of the land for this quarter............. | | | |
| --- | --- | --- |
|
Complete location of the land
|
Particulars of the other purpose
|
Area of the Land
|
|
1
|
2
|
3
|
|
|
|
|
| | | | |
| --- | --- | --- | --- |
|
Prevailing market value (in Rs.) of the Land on
the first day of April where the year begins on that day, or on
the first day of April immediately preceding the year where the
year begins on any other day
|
Annual Value Rs.
|
Rate of tax payable on such Annual Value
|
Tax payable Rs.
|
|
3
|
1
|
2
|
3
|
|
|
|
|
|
### 6. Tax deposited vide receipts as below and herewith enclosed. - (Give details in serial order with number, date, amount Rs. and Total Rs.).
### 7. Balance tax outstanding (if any) Rs. - ###
8. Other relevant information (if any)-
Verification
I ....................... Proprietor/ Secretary/ Trustee/ Partner/ Manager/ Agent/ Director of Company/ Karta of the Family do hereby declare and verify that the Annual value mentioned and information given above are true and complete to the best of my personal knowledge and that nothing has been wilfully concealed and omitted.
| | |
| --- | --- |
|
Enclosed.
|
(Signature) ....................
|
|
Date ...........
|
(Name) ..........................
|
|
|
(Status - Give it here asindicated above
also)...
|
Note. - The return should be signed and verified by the person himself of status as indicated above.
From - L.T.4
[See Rule 17]
Notice of Department for payment
| | |
| --- | --- |
|
No.
|
Date ..............
|
M/s. .......................
............................
............................
Kindly take notice that you have been assessed (certified copy of the assessment order enclosed) for Land Tax/ a penalty has been imposed on you and fee/ interest is payable by you amounting to Rs. .............................. (in words) ............................. (in figures) as per the following details:-
| | | |
| --- | --- | --- |
|
(i) |
Amount of Land Tax
|
Rs.
|
|
(ii) |
Penalty
|
Rs.
|
|
(iii) |
Fee
|
Rs.
|
|
(iv) |
Interest
|
Rs.
|
|
.................................
|
|
|
Total Amount payable
|
Rs.
|
|
|
Amount already paid
|
Rs.
|
|
.................................
|
|
|
Net amount payable
|
Rs.
|
|
|
|
.................................
|
You are hereby advised to pay the above sum within days of the receipt of this notice failing which the amount is recoverable as arrears of Land Revenue.
| | |
| --- | --- |
|
Encl:-Assessment Order
|
Assessing Authority
|
Form - L.T. 5
[See Rule 19]
(Space of Court fee Stamps,
State here the amount of
Court fee Stamp, affixed.)
Form of Memorandum of Appeal
Appeal No. of
To,
Appellate Authority,
....................
....................
Ref. Appeal under Section 14 of Rajasthan Land Tax Act, 1985.
| | | |
| --- | --- | --- |
|
(1) |
Name(s) of appellant(s)
|
......................
|
|
(2) |
Address to which notice may be sent to Appellant(s) |
......................
|
|
(3) |
Authority who issued the notice of demand
|
......................
|
|
(4) |
Date of order against which appeal is made
|
......................
|
|
(5) |
Date of receipt of notice of demand
|
......................
|
|
(6) |
Period of Assessment
|
From ...... to ......
|
|
(7) |
Certificate copy of the order appealed against is attached
|
......................
|
|
(8) |
Whether the appeal has been filed within 60 days from the date
of receipt of notice of demand. If not the reasons for not
presenting within the prescribed time limit as provided in Second
proviso to Section 4(1) |
......................
|
|
(9) |
(a) |
Amount as per the Notice of demand
|
......................
|
|
|
(b) |
Amount admitted by the appellant to be due from him
|
......................
|
|
|
(c) |
Whether the amount as per (b) has been deposited if so, proof
thereof
|
......................
|
|
(10) |
Disputed amount
|
......................
|
|
(11) |
Whether Court fee stamps as per Rule 36 have been affixed
|
......................
|
|
(12) |
Relief claimed:-
|
|
|
(13) |
Grounds of appeal
|
......................
|
The Appellant(s) named above does/ do hereby verify that the contents of parts 1 to 10 are true to the best of his/ their knowledge and of paras 11 to 13 are believed to be true.
Verified today the .............. day of .............
| | |
| --- | --- |
|
Place:
|
Signature ..............
|
|
Date:
|
Name ....................
|
|
|
(Appellants) |
|
|
Authorised representative if any
|
Form-L.T.6
(See Rule 26)
(Space of Court fee stamps.
State here the amount of
Court fee Stamp, affixed)
Form of Application for Revision
Revision No. ............. of
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
To,
|
|
|
|
|
|
|
|
The Registrar,
|
|
|
|
Board of Revenue, Rajasthan.
|
|
|
|
|
Ref.Revision under Section 15 of Rajasthan Land Tax
Act, 1985.
|
|
|
|
|
(1) |
Name(s) of Petitioner
|
..............................
|
|
|
|
(2) |
Address to which notice may be sent to petitioner
|
..............................
|
|
|
|
(3) |
Authority passing the order in dispute
|
..............................
|
|
|
|
(4) |
Date of order sought to be received
|
..............................
|
|
|
|
(5) |
Date of receipt of order in dispute
|
..............................
|
|
|
|
(6) |
Period of assessment
|
From ....... to ........
|
|
|
|
(7) |
Whether Certified Copy of order in dispute is attached?
|
..............................
|
|
|
|
(8) |
Whether the revision has been filed within 30 days of the date
of order of Appellate Authority. If not, the reasons for not
presenting within the prescribed time limit as provided in Section 15
|
..............................
|
|
|
|
(9) |
(a) |
Amount as per the order in dispute
|
..............................
|
|
|
|
|
(b) |
Amount admitted by the Petitioner to be due from him
|
..............................
|
|
|
|
|
(c) |
Whether the amount as per (b) has been deposited. If so,
proof, thereof
|
..............................
|
|
|
|
(10) |
Disputed amount
|
..............................
|
|
|
|
(11) |
Whether Court fee stamps as per Rule 36 have been affixed
|
..............................
|
|
|
|
(12) |
Relief Claimed:-
|
|
|
|
|
(13) |
Grounds of revision
|
..............................
|
|
The Petitioner ......................... named above does/ do
hereby verify that the contents of paras 1 to 10 are true to the
best of his/ their knowledge and paras 11 to 13 are believed to be
true.
|
|
|
Verified today the ............... day of ..............
|
| | |
| --- | --- |
|
Place:
|
Signature ..............
|
|
Date:
|
Name ....................
|
|
|
(Petitioner) |
|
|
Authorised representative if any
|
Form - L.T. 7
[See Rule 28(2) Foil-1]
Land Tax Refund Order
| | |
| --- | --- |
|
Book No.
|
S. No.
|
### 029. Land revenue-Deduct refund(Kha) Local taxes and surcharge on land).
Refund payable to .........................................................
General Index Register No. ................................................
Registration Certificate No. ..............................................
Assessment Year ...........................................................
or
Period of assessment ......................................................
Date of order directing refund ............................................
Valid upto ................................................................
Amount of refund ..........................................................
Number of assessee in demand and collection register showing Collection of amount regarding which refund is made .............................
(Amount credited to ................................ Treasury/ Bank vide Challan No. ............. dated ..............
Initial of Assessing Authority.
Paid on .........................................
Date .............................
Signature
Designation.
To be attested by Land Tax assessing authority after advice of payment is received from the treasury.
Entered in Demand & Collection register and Refund register vide item No. ................. dated ..............
Land Tax Assessing Authority.
Form - L.T. 7
[See Rule 28(2) Foil-II]
Land Tax Refund Order
| | |
| --- | --- |
|
Book No.
|
S. No.
|
### 029. - Land revenue-Deduct refund(Kha) Local taxes and surcharge on land).
Order for refund of Land tax valid upto ...................... only
Payable at ...................................................
To,
The Treasury Officer,
Sub-Treasury Officer,
(Manager .................. Bank ..............)
Certified that with reference to the assessment record bearing............................... GIR No. ............... Registration Certificate No. ...................... a refund of Rs. ....... due to ......... Certified that the tax or interest concerning which the refund is given has been credited in ......................... Treasury vide Challan No.
.................. dated ....................
(3) Certified that no refund order regarding the sum now in question has previously been granted and this order of refund has been entered in the original file of assessment under my signature.
Please pay to ....................... on account of above refund the sum of Rs. ................ (in figures) (Rupees ............................. (in words)
...........................
Signature
Land Tax Assessing Authority
Received Payment.
(Claimant's Signature)
Date:
Examined:
Accountant.
Form - L.T. 7
[See Rule 28 (2) Foil-III]
Land Tax Refund Advice (Of Payment)
| | |
| --- | --- |
|
Book No.
|
S. No.
|
Date of issue ...............................
Amount of refund ............................
(In figures)
.............................................
(In words)
Paid at .....................................
Signature & Designation of paying authority.
| | |
| --- | --- |
|
No. ............
|
Dated ............
|
Checked and returned to the Land Tax Assessing Authority.
The amount has been adjusted in treasury.
Under the head 029-Land revenue Deduct refunds (Kha) Local taxes and surcharge on lands.
Signature of Treasury Officer
(Manager of the Bank)
(Space for use in Treasury, Bank, Sub-Treasury).
Form - L.T. 7-A
[See Rule 28(2) ] Counterfoil/ Original
Advice of Refund of Land Tax 029 Land Revenue-
Deduct Refund:
| | |
| --- | --- |
|
Book No.
|
S. No.
|
To,
The Treasury Officer ................
This is the first Advice On ..............
Treasury in continuation of Advice No. ...............
(Book No. .............) Dated .................
Particulars of Land Tax Refunds Order
| | |
| --- | --- |
|
Book No.
|
Dated
|
Voucher No. ......................
Valid upto .......................
Refund payable to .......................
Order issued by me on (date) .....................
Amount of refund Rs. ..................... (in words) ...............
Assessment record bearing GIR No. ........................
Registration Certificate No. .....................
| | |
| --- | --- |
|
Year .....................
|
|
|
Date .....................
|
Assessing Authority.
|
Form - L.T. 8
Refund Adjustment Order
[See Rule 28(3) ]
### 029. Land Revenue-Deduct refund (Kha) Local Taxes and Surcharge on land. | | |
| --- | --- |
|
Book No.
|
Voucher No. ............
|
To,
..........................
(1) Certified with reference to the assessment record of the land holder (Name) --------------------- bearing registration certificate number --------------------- of (Assessing Authority) ----------------- for the period from ------------------- to ---------------------- that a refund of Rupees ---------------------- (in words) ----------------------- is due to -------------------- (name) --------------------------.
(2) Certified that the tax or interest concerning which this refund is allowed has been credited into treasury ------------------------------- under challan No. --------------------- dated ----------------.
(3) Certified that no refund order regarding the sum in question has previously been granted and this order of refund has been entered in the original file of assessment under my signature.
(4) This refund will be adjusted towards the amount of land tax due from the said land holder for the period from -----------to ------------- or any subsequent quarter.
| | |
| --- | --- |
|
Seal of the Assessing Authority
|
Signature -----------------
|
|
|
Assessing
Authority
|
|
|
------------------------- Area.
|
|
Date: -------------
|
|
Note. - The land holder shall attach this order to the return to be furnished by him for the quarter ----------------- against which the adjustment is desired.
Form - L.T. 9
Land Tax Deposit Challan
[See Rule 30, 31]
Foil I Duplicate
Foil II Original.
### 029. Land revenue. (b) Receipts under the Land Tax Act.
(c) Other receipts.
Invoice of tax etc. paid into Treasury/ Sub-treasury for the period---------------------------- Name and address of land holder and his R.C Number ----------------------------------------
| | |
| --- | --- |
|
(b) |
Receipts under the Land Tax Act:-
|
|
|
|
|
Amount
|
|
|
|
Rs.
|
P.
|
|
|
(i) |
Land Tax (Advance) ------------
|
|
|
|
|
(ii) |
Land Tax (demands) --------------
|
under Ref./ order ---------------
|
|
|
(iii) |
Other receipts
|
Total (b) --------------
|
|
(c) |
Other receipts.
|
|
|
|
|
(i) |
Interest ---------------------
|
|
|
|
|
(ii) |
Penalty -------------------
|
|
|
|
|
(iii) |
Fee ------------------------
|
|
|
|
|
(iv) |
Miscellaneous receipts -------------
|
|
|
|
|
|
|
Total (c) -----------
|
|
|
|
Total ----------------
|
|
|
(In words) Rupees. -----------------------------
|
|
|
|
|
|
For use In treasury only
|
|
|
|
Dated (1) Number of challan--------------------------
|
|
|
(2) Number of entry in Land Tax receipt register
-----------------
|
|
Please receive
|
|
and grant (3) Date of entry in Land Tax receipt register
----------------- receipt.
|
|
Depositor:
|
|
|
|
|
TreasuryStamp
|
TreasuryAccountant
|
Treasury/ Sub/ treasuryOfficer
|
Form - L.T. 9
Land Tax Deposit Challan
[See Rule 30, 31]
Foil III - To deposit for retention.
Foil IV - depositor for transmission to assessing authority.
### 029. - Land Revenue (b) Receipts under the Land Tax Act.
(c) Other receipts.
Invoice of tax etc. paid into Treasury/ Sub/ treasury for the period --------------- Name and Address of Land holder ----------------------- and his Registration Certificate No. ----------------------------------
| | | | |
| --- | --- | --- | --- |
|
(b) |
Receipts under the Land Tax Act:-
|
|
|
|
|
|
|
Amount
|
|
|
|
|
Rs.
|
P.
|
|
|
(i) |
Land Tax (Advance) -
|
|
|
|
|
(ii) |
Land Tax (demands) -------------
|
under Ref./ order ------------
|
|
|
(iii) |
Other receipts
|
Total (b) --------------
|
|
(c) |
Other receipts
|
|
|
|
|
(i) |
Interest--------------------
|
|
|
|
|
(ii) |
Penalty--------------------
|
|
|
|
|
(iii) |
Fee-----------------------
|
|
|
|
|
(iv) |
Miscellaneous receipts--------------
|
|
|
|
|
|
|
Total (c) -------------
|
|
|
|
|
Total ------------------
|
|
|
|
(In words) Rupees. -----------------------------
|
|
|
|
Challan No.
|
|
|
|
Dated ---------------
|
Treasury Officer/
|
|
|
Dated ---------------
|
Sub-treasury Officer.
|
|
Treasury/ Book stamp.
|
|
|
Form - L.T. 10
[See Rule 32]
Statement of verifications of collections
To,
The Treasury Officer,
Amount of Land Tax, registration fee, penalty and interest and fee for appeal and revision deposited in the treasury and sub-treasuries of district -------------------- from ---------------------- to ------------------
| | | | |
| --- | --- | --- | --- |
|
Amount shown as deposited in assessing
authority's registers
|
Registration fee
|
Land Tax
|
Penalty
|
|
Amount shown as deposited as per treasury
accounts
|
|
1
|
2
|
3
|
4
|
|
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Interest
|
Fee for Appeal
|
Fee for Revision
|
Other receipts
|
Total
|
Signature of Assessing Authority
|
|
5
|
6
|
7
|
8
|
9
|
10
|
|
|
Refunds
| | |
| --- | --- |
|
As per Assessing
|
As per treasury register.
|
Amount of funds --------------
Total -----------------
Net collections -----------------
Signature of Assessing Authority ------------
Signature of Treasury Officer ----------------
Form - L.T. 11
[See Rule 31]
Security Bond
Know all men by these presents to that I. of------------------------am held and firmly bound upto the Governor of the State or Rajasthan (hereinafter referred to as "the Government" which expression shall, unless excluded by or repugnant to the context, include his successors in office and assigns) in the sum of the Rupees -to be paid to the Government for which payment, well and truly to be made. I bind myself, my heirs, executors, administrators and legal representatives by the presents;
Whereas, the above bounden has made an application to the Director Land Tax, Rajasthan under section 25 of the Rajasthan Land Tax Act, 1985;
And whereas the said has in pursuance of the said section 25 been called upon to execute a bond with two securities in favour of the Government in the above mentioned sum of Rupees ------------------ for the due discharge by the said -------------- of the liabilities under the said Act in the manner specified hereunder and for the purpose of securing and indemnifying the Government (against all loss) costs or expenses which the Government may in any way suffer, sustain or pay, by reason of the default or failure, in due discharge of liabilities under the said Act as aforesaid, of the said --------- or of any person or persons acting under him or for whom he may be responsible;
(Here specify the manner in which liabilities under the Act have been directed to be discharged)
Now the condition of the above written bond is such that if the said -------------, his heirs, executors or administers shall pay or cause to be paid unto the Government the amounts due from him under the provisions of the said Act within the time and in the manner directed by the Director, Land Tax, Rajasthan as foresaid and shall also at all times indemnity and save harmless the Government from all and Every loss, costs or expenses which has been or shall or may at any time to times hereinafter during the period in which the said-------------is held liable or pay tax under the said Act as aforesaid, by reason of any Act or insolvency of the said------------or of any person or persons acting under him or for whom he may be responsible, then this obligation shall be void and of no effect, otherwise the same shall be and remain in full force;
And it is hereby further agreed that in the event of the death of the said------------or on the final cessation of the liability of the said ------------ under the said Act or otherwise this bond shall remain with the Director, Land Tax, Rajasthan, or an officer duly authorised by him in this behalf for -------- months to recover any loss costs or expenses that may have been sustained, incurred or paid by the Government owing to the act or default of the said ------------- or any such other person or pet sons as aforesaid and which may not have been discovered until after his death or the cessation of the liability of the said --------- under the said Act;
Provided always that without prejudice to any other rights or remedies for recovering the loss or damage as aforesaid it shall be open to the Government to recover the amount payable under this bond as an an ear or land revenue.
In witness whereof the said ------------ has hereunto set his hand this ----------------- day of ------------------ 19.
Signed and delivered by the above-named------------------------------in the presence of 1------------------2---------------Signature.
We, hereby declare ourselves sureties for the above said -------------- and guarantee that he shall do and perform all that he has above undertaken to do and perform; in case of his making default therein we hereby bind ourselves jointly and severally to forfeit to the Governor of the State of Rajasthan (hereinafter referred to as "The Government") the sum of Rupees ------------------- n which the above said --------- has bound himself or such other lesser sum as shall be deemed to be sufficient by the Director, Land Tax, Rajasthan or an officer duly authorised by him in this behalf to cover any loss or damage with the Governor may sustain by reason of such default.
And we agree that the Government may, without prejudice to any other rights or remedies of the Government, recover the said sum as an arrear of land revenue.
And we also agree that neither of us shall be at liberty to terminate this surety ship, except upon giving to the said Director, Land Tax, Rajasthan/Assessing Authority --------------------- six calendar month's notice in writing of his intention so to do, and our joint and several liability under this bond shall continue in respect of acts, defaults and insolvencies on the part of the said ------------- until expiration of the said period of six months.
Dated, this ------------------- day of --------------- 19
Signature of sureties
### 1. ------------------ Signature In the presence of-
### 1. ------------------- 2 ------------------- Signature. Form - L.T. 12
[See Rule 34]
Summon/ Notice/ Direction
To,
Shri----------------------------------
(Full Address)------------------------
Whereas your attendance is necessary to give evidence/ whereas the documents/ information mentioned below (here describe the requirement sufficiently to permit identification with reasonable certainty ----------------- are required with reference to an inspection/ enquiry/ assessment/ other proceedings under the Rajasthan Land Tax Act, 1985 (here enter briefly the subject of enquiry, etc.) ------------------ now pending/ to come up before me, you are hereby summoned to appear in person/to produce or cause to be produced the aforesaid.
or
Whereas it is proposed to proceed under section /Rule--------------- to (here mention action proposed)---------------------in respect of the below mentioned case related to you (here show necessary particulars of the case)----------------------you are hereby required to show cause as the why the aforesaid proceeding/action may not be taken. before me on the--------------day of----------at (time) --------------at (place) ---------------
Given under my hand and seal this-------------day of--------------
Signature -------------
Designation -----------
Form - L.T. 13
[See Rule 34(1) ]
Notice regarding transfer for or title rights in land
To,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
(Assessing Authority)
Sub:- Notice of transfer/Surrenders of land lease held by me Teh. ---------------- District -------------and ----------------- at Teh. ----------------- Distt. ---------------
Sir
Kindly take notice that I have transferred/ surrendered my title or rights in land, that is the land of (area) ------------------ hectare/ owned/ held by me, or which is out of (area) ----------------- land held/owned by me with address as above, to (transferee) Shri ---------- S/o Shri ---------------- village --------------- Tehsil ------------------ District ------------------ Details of land/ sold/ Tehsil transferred/ surrendered are as under:-
| | | | | |
| --- | --- | --- | --- | --- |
|
S. No.
|
Description of the lands before it was/ were
transferred/ sold/ surrendered
|
Position of the lands after
transfer/ sold/ surrendered in relation to the transferor
|
Date of transfer/ sold/ surrendered
|
To whom the land was transferred/ sold
|
|
1
|
2
|
3
|
4
|
5
|
|
|
| | |
| --- | --- |
|
Signature of transferee
|
Yours
faithfully
|
|
Name ------------------
|
Signature of the land holder
|
|
(transferor) |
|
Designation ---------------------
|
|
|
Full address --------------------
|
Name ---------------------------
|
|
|
Designation --------------------
|
|
|
Full
address.
|
Attested
Signature ---------------
Name --------------------
Designation -------------
Full address ------------
Form - L.T. 14
[See Rule 34(1) ]
Notice regarding death of land holder.
To,
.......................
(Assessing authority)
Sub:- Notice of death of Shri ------------------ S/o Shri ----------------- Land holder under the Rajasthan Land Tax Act, 1985 (Registration No. -----------------dated-------------
Sir,
It is to inform you that Shri ------------------- S/o Shri----------------- who was registered as a land holder under the Rajasthan Land Tax Act, 1985 (Registration No. - ---------------dated) died on (date) - ---------(an attested copy of the death certificate is attached herewith). The aforesaid Shri--------------------has been a land holder under the Rajasthan Land Tax Act, 1985 in respect of the following lands:-
| | | | |
| --- | --- | --- | --- |
|
S.No.
|
Description of lands
|
Area held
|
In case of a Mining Lease the annual dead rent.
|
Now that Shri --------------------- has passed away, I/We (as under mentioned) ------------------------ is/ are Legal representatives of Shri --------------------. It is also hereby informed that land held by ------- (deceased) has been transferred/ or is being transferred by way of legal partition among the Successor(s).
Particulars of Legal representatives of the said deceased
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
S.No.
|
Name
|
Father's Name
|
Full address
|
Signature Attested of Legal Representative
|
Attested by
|
|
Village
|
Tehsil
|
District
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
|
|
|
|
|
|
|
|
Signature------------------
Name-----------------------
Designation----------------
Full address---------------
Yours faithfully
Signature-----------------
(of legal representative)
Name ----------------------
|
65b97a95ab84c7eca86e92bf | acts |
State of Punjab - Act
-----------------------
The Punjab Economiser Rules, 1958
-----------------------------------
PUNJAB
India
The Punjab Economiser Rules, 1958
===================================
Rule THE-PUNJAB-ECONOMISER-RULES-1958 of 1958
-----------------------------------------------
* Published on 13 October 1958
* Commenced on 13 October 1958
The Punjab Economiser Rules, 1958
Published vide Notification Punjab Government Notification No. 8717-S-Lab-58/81317, dated 13.10.1958.
Chapter I
Preliminary
--------------------------
### 1. Short title.
- The rules may be called the Punjab Economiser Rules, 1958.
### 1A. [ They shall apply to the territories which, immediately before the 1st November, 1956, were comprised in the States of Punjab and Patiala and East Punjab States Union.]
[Inserted by Punjab Government Notification No. 5771-VII-DS-Lab.-60/507, dated 12.1.1961.]
### 2. Definitions.
- In these rules, unless the context otherwise requires, -
"Act" means the Indian Boilers Act, 1923 (
5 of 1923
);
"Regulations" means the Indian Boiler Regulations, 1950, made by the Central Boilers Board under section 28 of the Act;
(c) "Section" means a section of the Act;
(d) "The State" means the State of Punjab.
Chapter II
Fees and Registers
----------------------------------
### 3. Payment of fees, etc.
- All fees payable under the Act or these rules shall be paid in Government Treasury under "Head XXXVI - Miscellaneous Departments - Provincial, Punjab."
### 4. Registers.
(1) The Chief Inspector shall maintain in his office -
(a) a register in Form AE of all economisers registered in the State'
(b) The Registration Books and Memorandum of Inspection Books in respect of all economisers booked in such register;
(c) a register of appeals;
(d) a register of accidents; and
(e) a register of fees received for registration and for the issue of renewed certificates.
(2) The register maintained under clause (a) of sub-rule (1) shall consist of two parts. In Part I shall be entered the economisers registered in the State and in Part II shall be entered the economisers transferred from another State.
Chapter III
Procedure for Registration
-------------------------------------------
### 5. Receipt of applications.
- An application for registration under sub- section (1) of section 7 shall be made to the Inspector of the local area in which the economiser is situated and shall be accompanied by a receipt for the payment of the fee prescribed under the Regulations.
### 6. Procedure on transfer of an economiser unit or part of a unit.
- When an economiser is transferred to the State from another State, the owner shall report the fact to the Chief Inspector of Boilers as soon as possible giving the registered number of the economiser and the name of the State from which it has been transferred.
### 7. Entry of transferred economiser unit in register.
(1) On receipt of the Registration Book and the Memorandum of Inspection Book, the Chief Inspector shall enter the economiser unit under its original number in part II of the Register kept for the purpose.
(2) When parts of two or more units are assembled to form one unit, the original numbers shall be cancelled and the newly built up unit shall be given a fresh number.
### 8. Note of transferred and dismantled economisers.
- Whenever an economiser or part of an economiser has been transferred to another State or broken up, the fact shall be noted in the Register. In the case of an economiser which has been condemned, the Registration Book and the Memorandum of Inspection Book shall contain an entry to the effect.
### 9. Entries in certificates.
- In addition to the entries required to be made under regulation 530 in a certificate for an economiser, the Inspector shall state in the remarks column his requirements, if any, with regard to hydraulic test, removal of lagging brick work or other concealing part for the next inspection to enable the owner to have the same properly prepared at the time. He shall also state in the same place his requirements regarding the repair or renewal of any part that may be considered fit only for the period of the certificate. In the repairs column shall be entered the year of repair and description of the repair effect. Only important repairs shall be noted.
### 10. Engraving of registry number.
- Paper slip of the proper size bearing the registry number allotted for the economiser shall be supplied by the Chief Inspector. The engraving of the registry number shall be made as prescribed in regulation 534.
### 11. Issue of certificate and provincial order.
- In cases in which the Inspector is empowered to issue a certificate under section 8 without further reference, the certificate shall ordinarily be issued within 48 hours of the completion of the inspection where he proposes to issue a provisional order pending the issue or refusal of the certificates, the Inspector must satisfy himself that the economiser is fit to be worked at the maximum pressure and for the period entered in the provisional order. The fact of the issue of a provisional order, shall be reported immediately to the Chief Inspector.
### 12. Forms of provisional orders and certificates.
(1) Provisional order and certificates are prescribed in Forms I and II respectively, of the Regulations.
(2) The period specified in any provisional order or certificate shall begin on the day on which the thorough inspection or hydraulic test is completed. Where a certificate supersedes a provisional order during the period of its currency, the period of the certificate shall be retrospective and shall begin from the same date as that of the provisional order.
### 13. Duplicate certificate.
- A duplicate of any certificate, granted under section 7 or section 8 which for the time being in force, shall be granted by the Chief Inspector on the application of the owner of the economiser if the Chief Inspector is satisfied that the duplicate is required for a bona fide purpose.
### 14. Fees for issue of renewed certificate.
- The fees payable for the issue of a renewed certificate shall be calculated on the basis of the economiser rating as shown below :-
| | |
| --- | --- |
|
|
Rs.
|
|
For an economiser rating not exceeding 500
|
40
|
|
For an economiser rating exceeding 500 but not exceeding 1,000
|
50
|
|
For an economiser rating exceeding 1,000 but not exceeding
1,500
|
60
|
|
For an economiser rating exceeding 1,500 but not exceeding
2,000
|
70
|
|
For an economiser rating exceeding 2,000 but not exceeding
2,500
|
80
|
|
For an economiser rating exceeding 2,500 but not exceeding
3,000
|
90
|
|
For an economiser rating exceeding 3,000 but not exceeding
3,500
|
100
|
|
For an economiser rating exceeding 3,500 but not exceeding
4,000
|
110
|
|
For an economiser rating exceeding 4,000 but not exceeding
4,500
|
120
|
|
For an economiser rating exceeding 4,500 but not exceeding
5,000
|
130
|
|
For an economiser rating exceeding 5,500
|
140
|
Provided that when any owner is willing to accept a renewal certificate for less than 24 months in order to approximate the date of the annual inspection to the date on which other economisers in the locality are inspected, a certificate for such shorter period as may be necessary for such approximation at the rate of one twenty-fourth of the ordinary fee for such full month, fraction of a month not being reckoned for such calculation.
### 15. Special fee for inspection out of season
.- (1) For inspections carried out on application made before the date of expiry of a certificate, no travelling and halting charges of the Inspector and staff shall be leviable. In cases where the owner requires the inspection at any date prior to the expiry of a certificate, the Chief Inspector may, in addition to the inspection fee, charge the travelling and halting charges from the owner of the economiser. If an owner applies for inspection after the expiry of his certificate, he shall be liable to pay the travelling allowance and halting allowance of the Inspector at the discretion of the Chief Inspector.
(2) If the inspection is carried out at the request of the owner on a date other than the one specified by the Inspector to suit the convenience of the owner, the travelling charges of the Inspector shall be realised from the owner.
### 16. Refund of fees.
- Fees paid in excess and fees paid for an inspection which for any reason not due to any fault or omission on the part of the owner of the economiser, has not been made, shall be refunded or adjusted if applied for within one year from the date of payment.
Chapter IV
Accidents
-------------------------
### 17. Investigation of accidents.
- On the receipt of a report of an accident to an economiser or fee-piple under section 18, the Inspector shall, with the least possible delay, proceed to the place to investigate the accident. If the report is received by the Chief Inspector, he shall forward it at once to the Inspector within whose jurisdiction the accidents had occurred, for necessary action.
### 18. Procedure during inquiry.
- The Inspector at his enquiry shall make a careful examination of the damaged parts, and shall take such measurements and make such sketches for the purpose of his report, as he may deem necessary. He shall inquire into the circumstances attending the accident and note the time of its occurrence, its nature and extent the injury caused to persons and the damage done to property. The report shall be in Form CE and shall be sent forthwith to the Chief Inspector. If the Chief Inspector consider that the investigation has been sufficient, he shall record the facts in the register of accidents and enter a brief account of the accidents in the Registration Book, a copy being made in the Memorandum of Inspection Book. If, however, the accident is of a serious nature and in all cases in which an explosion has occurred, the Chief Inspector shall, after receipt of the Inspector's report, proceed to investigate the accident personally.
### 19. Power to hold inquiry in writing.
- Inspectors are authorised to take the written statements of witnesses and all persons immediately concerned with the accident. In order to comply with the provisions of sub-section (2) of section 18, the Inspector shall present to the owner or person in charge of economiser a series of written questions on all points that are material to the inquiry.
### 20. Use of economiser after accident.
- The Inspector shall decide whether the use of the economiser can be permitted at the same or at a lower pressure without repairs or pending the completion of any repairs or alterations that he may order. In no case shall be issue a provisional order or renewal certificate until his orders have been carried out.
### 21. Reference in annual report.
- A brief account of all accidents, their causes and remedial measures taken shall be includes in the Chief Inspection Annual Report.
### 22. Unreported accidents.
- If in the course of an inspection or at any other time the inspector discovers damage which comes within the definition of an accident, but which has not been reported, he shall report the facts at once to the Chief Inspector for such action as he deems fit.
Chapter V
Appeals
----------------------
### 23. Filing appeals.
- Every appeal shall be made in writing either in English or in the regional languages.
### 24. Presentation of appeal.
- An appeal may be presented either personally or sent by registered post to the Chief Inspector.
### 25. Form of appeal.
- A petition of appeal shall be accompanied by the original order, notice or report appealed against, or by a certified copy thereof, or where no such order, notice or report has been made in writing, by a clear statement of the facts appealed against, the grounds of appeal and section under which the appeal is made.
### 26. Fixing date for hearing.
- On receipt of a petition of appeal, the Chief Inspector shall if the appeal is to be heard by himself, at once fix a date for hearing the appeal; and if it is to be heard by the appellate authority constituted by the State Government under section 20 obtain a date for the hearing of the appeal from that authority.
### 27. Procedure before hearing.
- When the date for hearing has been fixed, the Chief Inspector shall at once issue a notice to the appellant stating the date for hearing and informing him that if he wishes to be heard in support of the appeal or to produce evidence, he must be present either in person or by authorised agent with his evidence on the date fixed. The notice shall be sent by registered post to such address as is entered in the petition of appeal.
### 28. Presence of Inspectors.
(a) Presence of Inspectors. - In an appeal to the Chief Inspector, he shall decide whether the presence of the Inspector is necessary and issue orders, accordingly.
(b) Attendance during hearing of appeals. - Under orders of the Chief Inspector, an Inspector shall attend before the Chief Inspector or the appellate authority, during the hearing of an appeal with regard to an economiser under his charge.
### 29. Attendance of witness.
- The appellate authority shall have power to secure the attendance of witnesses and to make local inquiries and for this purpose shall exercise the powers of a Court under the provisions of the Code of Civil Procedure, 1908 (Act 5 of 1908).
### 30. Ex parte decision.
- In any appeal, if the appellant is not present on the date fixed, the appeal may be decided in his absence.
### 31. Constitution of appellate Authority.
(1) The appellate authority means the appellate authority constituted by the State Government under section 20.
(2) The State Government shall appoint a person who has exercised the powers of a District Judge or a District Magistrate to be the appellate authority for such period as it may deem fit.
### 32. Penal of Assessors.
- The State Government shall constitute a panel of assessors for the purposes of assisting the appellate authority in the hearing of appeal. Such assessors shall be fully qualified mechanical engineers.
### 33. Remuneration of Assessors.
- An assessor when selected to assist the appellate authority shall be paid :-
(a) such fees as the State Government may, from time to time, determine; and
(b) subject to the orders issued by the State Government in this behalf, the travelling expenses actually incurred by him for attending an enquiry under these rules.
### 34. Attendance of Assessors.
- Where a date for an appeal before the appellate authority has been fixed, the Chief Inspector shall, under orders of such appellate authority, arrange for the attendance of at least two members of the panel of assessors to act as assessors.
### 35. Costs in Appeals.
(1) Where an appeal is dismissed, the appellate authority may fix the costs of the appeal shall be payable by the appellant.
(2) In any appeal where a local inspection is required, the appellant shall deposit in advance the full costs of such inspection as determined by the appellate authority.
### 36. Penalty.
- Any contravention of these rules shall be punishable with fine which may extend to one hundred rupees.
Form AE
Economiser Inspection Department
Register of Economiser
(Rules 4, 7 and 8)
| | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
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Registry No.
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Type of Economiser
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Economiser rating
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Name of manufacturer
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Year and Place of construction
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Date of resignation
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Name of owner
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Place where in use
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Remarks (Transfer etc.)
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1
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2
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3
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4
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5
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6
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7
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8
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9
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Form CE
Report into the investigation of the Accident to Economiser
No. \_\_\_\_\_
To
The Chief of Boilers
Sir,
In accordance with instructions I have a preliminary inquiry into the accident and the circumstances attending it, to Economiser No. \_\_\_\_ and now make the following report:-
(1) Date and place of accidents.
(2) Date of investigation.
(3) Name and address of owner(s).
(4) Persons killed or injured.
(5) Name of makers of Economisers of Steam Pipe.
(6) Age of Economiser or Steam Pipe.
(7) Particulars of previous repairs with date.
(8) The Economiser was last inspected on \_\_\_\_ by \_\_\_\_
(9) Nature of Accident.
(10) Cause of Accident.
(11) General Remarks.
Inspector of Boilers
Remarks by the Chief Inspector of Boilers.
Dated \_\_\_\_\_\_\_\_\_\_\_\_\_
|
65b95e01ab84c7eca86e8f31 | acts |
State of Bihar - Act
----------------------
The Bengal Attached Estates Management Regulation, 1827
---------------------------------------------------------
BIHAR
India
The Bengal Attached Estates Management Regulation, 1827
=========================================================
Act 5 of 1827
---------------
* Published on 27 December 1827
* Commenced on 27 December 1827
The Bengal Attached Estates Management Regulation, 1827
Bengal Regulation 5 of 1827
[Dated 27th December, 1827]
A Regulation for modifying the rules at present in force for the management of estates under attachment by orders of the Courts of Justice in certain cases.
### 1. Preamble.
- Whereas it is expedient in all cases of the attachment of landed property under orders of the Courts of Justice that the management of the estate attached should be placed under superintendence of the Collectors of land-revenue, the following rules have been enacted by the Governor-General-in-Council to be in force, from the date of their promulgation throughout the territories immediately subject to the [Presidency of Fort William.]
[Includes the present State of Bihar.]
### 2. Modification of Regulations regarding management of estates under attachment.
- The rules contained in Sections 5 and 6, Regulation 5, 1799, [\* \* \*]
['and Clauses 5 and 6, Section 16, Regulation 3 of 1803 'and Sections 26 and 27, Regulation 5 of 1812, and clause third, Section 5, Regulation 6, 1813' omitted by Act 16 of 1874.]
regarding the administration and management of estates under orders of the Zila [\* \* \*]
[The words 'and City' repealed by Act 16 of 1874.]
Courts, are hereby declared subject to the following modifications.
### 3. Issue of precept for holding estates under attachment and for appointing managers.
- Whenever the Zila [\* \*]
[The words 'and City' repealed by Act 16 of 1874.]
Courts may deem it just and proper, under the provisions of the [Regulation]
[Substituted by Act I of 1903, Schedule II, for 'several Regulations'.]
abovementioned, to provide for the administration or management of landed property, the Court shall issue a precept to the Collector of land-revenue of the district wherein the estate may be situated, directing him to hold the estate, in attachment, and to appoint a person for the due care and management of the estate, under good and adequate security for the faithful discharge of the trust, in a sum proportionate to the extent thereof:
Provided, however, that if any person holding an interest in the estate shall be dissatisfied with the selection made by the Collector of the individual to perform the duty in question, or with the conduct of the manager at any time after his appointment, it shall be competent to such person to represent his objections to the Board of Revenue, and the Board will either confirm the manager chosen, or order the Collector to appoint another person, as on consideration of the circumstances of the case may appear reasonable and proper.
### 4. Precept to estate property included in attachment.
- The precept of the Zila [\* \*]
['Or City' omitted by Act 16 of 1874.]
Court abovementioned shall state specifically the property to be included in the attachment, and the attachment shall not be withdrawn without a further precept from the Court to that effect.
|
65b91aa7ab84c7eca86e84ef | acts |
State of Uttar Pradesh - Act
------------------------------
The U.P. Government Estates Thekedari Abolition Act, 1958
-----------------------------------------------------------
UTTAR PRADESH
India
The U.P. Government Estates Thekedari Abolition Act, 1958
===========================================================
Act 1 of 1959
---------------
* Published on 14 January 1959
* Commenced on 14 January 1959
The U.P. Government Estates Thekedari Abolition Act, 1958
(U.P. Act
No. 1 of 1959
)
[Dated 14th January, 1959]
For Statement of Object and Reasons see U.P. Gazette Extraordinary, dated October 21, 1957. Received the assent of the President on January 14, 1959 and was published in the U.P. Gazette Extraordinary, dated January 20, 1959.
An Act to provide for the abolition of Thekedari System in Government Estates with a view to facilitating the introduction of land reforms therein.
Whereas it is expedient to provide for the abolition of Thekedari System in Government Estates with a view to facilitating the introduction of land reforms therein and for other matters connected therewith:
It is hereby enacted in the Ninth Year of the Republic of India a follows:
### 1. Short title, extent and commencement.
(1) This Act may be called the U.P. Government Estates Thekedari Abolition Act, 1958.
(2) [ It extends to such districts of Uttar Pradesh as may be notified from time to time.]
[Sub-sections (2) and (3) of Section 1 stand omitted in relation to territories transferred to U.P. from Bihar vide Serial No. 6 of the Schedule to U.P. Act No. 52 of 1976.]
(3) [ It shall come into force on such date as the State Government may, by notification in official Gazette, appoint and different dates may be appointed for different areas of the State.]
[Sub-sections (2) and (3) of Section 1 stand omitted in relation to territories transferred to U.P. from Bihar vide Serial No. 6 of the Schedule to U.P. Act No. 52 of 1976.]
### 2. Definitions.
- In this Act, unless there is anything repugnant in the subject or context-
(1) "Collector" includes an Assistant Collector of the 1st Class incharge of a sub-division and any other Assistant Collector of the 1st Class empowered by the State Government by notification in the official Gazette to discharge all or any of the functions of the Collector under this Act;
(2) "decree" has the meaning assigned to it in the Code of Civil Procedure, 1908;
(3) "Government Estate" means any land owned by the State Government in Uttar Pradesh;
(4) "Land" means land held or occupied for purposes connected with agriculture, horticulture or animal husbandry;
(5) "lease" means a theka or patta in respect of a Government Estate made by or on behalf of the State Government;
(6) "lessee" means a thekedar or pattadar under a lease by whatever name called and includes his heirs and assigns;
(7) "legal representative" has the meaning assigned to it in the Code of Civil Procedure, 1908;
(8) "prescribed" means prescribed by rules made under this Act;
(9) "previous agricultural year" means the agricultural year immediately preceding that in which the date of determination falls;
(10) "State Government" means the Government of Uttar Pradesh;
(11) the words and expressions "cess", "hereditary rights", "hereditary tenant", "Rent", "tenant" and "Sayar" shall have the meaning assigned to them in the U.P. Tenancy Act, 1939 [and the expression 'ceiling area' shall have the meaning assigned to it in the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960, as amended from time to time]
In clause 11, at the end, comma substituted for full stop and thereafter above words inserted by U.P. Act
[No. 28 of 1970
, Section 3, (w.e.f. 20-6-1964).]
.
### 3. Determination of leases.
- Notwithstanding anything in any law, contract or other document, it shall be lawful for the State Government by order published in the official Gazette to determine, with effect from a date (hereinafter called the date of determination) to be specified any lease.
### 4. Consequences of determination of leases.
- Whenever a lease is determined under and in pursuance of Section 3, the following consequences shall follow, namely:
(a) except as hereinafter provided all the rights, title and interest of the lessee under the lease shall cease (as though the term of the lease had then expired);
(b) [ where under and in accordance with the terms of the lease, the lessee has brought any land included in the lease under his personal cultivation the lessee shall become hereditary tenant of such land, or where such land exceeds the ceiling area, then of so much of such land as in aggregation with any other land held by him in Uttar Pradesh makes up the ceiling area and shall be liable as such to pay rent equal or proportionate, as the case may be, to the rent, if any, payable in terms of the lease;]
Substituted by U.P. Act
[28 of 1970
, Section 4 (w.e.f. 20-6-1964).]
Provided that where the total area of such land, held by the lessee exceeds 30 acres, the lessee shall be a hereditary tenant of only 30 acres area and the excess area, to be separated and demarcated from the 30 acres area by the Assistant Collector incharge of the sub-division on the application of the lessee or the Collector, shall become and be deemed to be vacant land and the lessee shall be liable to ejectment from such excess area;
(c) the lessee shall continue to be entitled to recover any arrears of rent, cesses or other dues in respect of any land included in the lease for the period previous to the date of determination;
(d) all rents, cesses and other dues in respect of any such land for any period after the date of determination, which but for such determination would have been payable to the lessee, shall be payable to the State Government and any payment, whether made before or after such determination, shall not be a valid discharge on the person liable to pay the same without prejudice, however, to the right of such person to recover the same from the lessee;
(e) where under an agreement or contract not being the lease determined as aforesaid, made before the date of determination, any rent, cess or other dues for any period after the said date has been paid to or compounded or realized by the lessee, the same shall, notwithstanding the agreement or the contract, be recoverable by the State Government from the lessee and may, without prejudice to any other mode of recovery, be realized by deducting the amount from the compensation money payable to such lessee under this Act;
(f) all arrears of rents, cesses, taqavi or other dues payable by a lessee in respect of any period prior to the date of determination shall continue to be recoverable from such lessee and may, without prejudice to any other mode of recovery, be realized by deducting the amount from the compensation money payable to such lessee under this Act;
(g) every mortgage, sub-lease or other transfer of lessee rights in force on the date immediately preceding the date of determination shall determine and the provision of sub-section (2) of Section 73 of the Transfer of Property Act, 1882, shall have effect with respect to the compensation awarded under this Act as if the land included in the lease had been acquired under an enactment providing for compulsory acquisition;
(h) all buildings situate on any land included in the lease held by the lessee shall continue to be held by him for the remainder of the period of the lease upon terms and conditions to be prescribed and further that upon the expiry of the period aforesaid the same shall unless a different intention is contained in the lease (and on such a case that intention shall prevail) be vested in the State.
### 5. Rent payable.
- Notwithstanding any agreement or contract made or anything done or permitted to be done on or after the 1st day of April, 1955, by or on behalf of the lessee in respect of any land included in the lease the rent payable thereof-
(a) on the date of determination shall be deemed to be an amount equal to the rent payable therefor on the 1st day of April, 1955 and any reduction or remission made therein otherwise than in pursuance of a decree or order of a court shall not be. taken into account unless it has been confirmed by the State Government, and
(b) in future after the date of determination shall be an amount equal to the rent deemed to be payable therefor under clause (a) but without prejudice to its being increased or decreased in future in accordance with the law applicable thereto.
### 6. Collector to take over lease land.
- Upon the determination of the lease under Section 3, it shall be lawful for the Collector or any officer appointed by him in this behalf -
(a) to take over possession and charge of the lands included in the lease and to take or cause to be taken such steps, and use or cause to be used such force as may, in the opinion of the Collector or the officer so appointed, be necessary for this purpose;
(b) to enter upon any land, building, or other place included in the lease, which has been determined under Section 3 and to make a survey or take measurement thereof for carrying out the purposes of this Act;
(c) to require any person to produce to such authority, as may be specified any books, accounts or other documents relating to any land included in the lease and to furnish to such authority such other information as may be specified or demanded; and
(d) if the books, accounts and other documents are not produced as required, to enter upon any land building or other place and seize and take possession of such books, accounts, and other documents.
### 6A. Application of U.P. Act I of 1961 in suspect of land under personal cultivation of lessee.
[Inserted by U.P. Act
[28 of 1970
, Section 5 (w.e.f. 20-6-1964).]
- In respect of any land included in the lease which under and in accordance with the terms of the lease the lessee has brought under his personal cultivation, the determination and demarcation of the ceiling area and the surplus area, the acquisition of and the taking of possession over the surplus area, the determination and payment of compensation for the acquisition of the surplus area, and all other matters connected therewith shall be governed by the provisions of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.
### 6B. Enforcement of U.P. Act I of 1951 in respect of Government Estate covered by this Act.
- The State Government shall issue a notification under Section 2 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 applying the whole or any provisions of that Act, with exceptions or modifications to Government Estates in respect of which an order is made under section 3 of this Act, not later than three months from the date of such order, and in the case of Government Estates in respect of which an order has been made or purports to have been made before the commencement of the Uttar Pradesh Government Estates Thekedari Abolition (Re-enactment and Validation) Act, 1970, not later than three months from such commencement.]
### 7. Lessee entitled to receive compensation for determination of lease.
(1) Except as provided in sub-section (2), no lessee whose lease has been determined under Section 3, shall be entitled to claim or be paid any compensation for loss or damage caused by such determination.
(2) A lessee referred to in sub-section (1), shall be entitled to receive and be paid compensation as hereinafter provided.
### 8. Compensation statement.
- For purposes of assessment and payment of compensation under sub-section (2) of Section 7, the Collector shall prepare a compensation statement showing -
(a) the name or names of the lessee with his gross income and net income calculated in accordance with the provisions of Sections 9 and 10;
(b) the rent payable by the lessee in the previous agricultural year in respect of the land included in the lease;
(c) the arrears of rent, cess and other dues referred to in clause (f) of Section 4 payable by him to the State Government in respect of the land included in the lease; and
(d) such other particulars as may be prescribed.
### 9. Gross income.
- For purposes of Section 8, the gross income of the lessee in respect of the land included in the lease shall comprise-
(a) the following rents including cesses and other dues payable on the date immediately preceding the date of determination by or on behalf of the tenants or other persons for use and occupation of the land-
(i) rent in cash,
(ii) where rent is payable in kind or partly in cash and partly in kind, the rent computed in accordance with the provisions of the law applicable thereto, and
(iii) where rent is payable but has not been determined, rent determined at hereditary rates;
(b) the amount on account of rent computed at hereditary rates for land in the personal cultivation of the lessee, and
(c) sayar, which shall be an amount equal to-
(i) where the period for which the lease has been held is ten years or more, one-tenth of the total income for a period of ten years next preceding the date of determination, and
(ii) where the period for which lease has been held is less than ten years, annual average for such period.
### 10. Net income.
- For purposes of Section 8, the net income of the lessee in respect of the land included in the lease, which has been determined under Section 3, shall be computed by deducting from his gross income the following, namely-
(i) any sum which was payable in the previous agricultural year by the lessee on account of rent, cesses or other dues in respect of land included in the lease;
(ii) an amount on account of holding tax, if any, paid or to be paid for the previous agricultural year by the lessee in respect of the land included in the lease, and
(iii) cost of management and irrecoverable arrears of rent which shall be deemed to be equal to 25 per cent of the difference between the gross income calculated in accordance with the provisions of Section 9 and the rent payable by the lessee.
### 11. Amount of compensation.
- The amount payable as compensation to the lessee shall be determined in accordance with the following formula:
"N.I. x R.P." = Compensation
"N.I." means net income as determined under Section 10, and
"R.P." means the remainder of the period of the lease to be computed in full years from the beginning of the agricultural year in which the determination takes effect, and portions of the year shall be ignored:
Provided that R. P. shall in no case exceed five:
Provided further that where the term originally granted in any lease has expired before the commencement of this Act and the lease is-
(a) holding over from year to year, R.P. shall be equal to one; and
(b) holding under any fresh term under or in accordance with the lease, R.P. shall be equal to the remainder of the full years of such term subject, however, to a maximum of five.
### 12. Preliminary publication of statement.
- The compensation statement prepared under Section 8 shall be published in the manner prescribed and a copy thereof shall also be sent to the lease concerned.
### 13. Reference to the District Judge.
(1) Any person interested or the State Government may, in the manner prescribed, file an objection upon such statement within a period of one month from the date of its publication and the Collector shall refer the objection to the District Judge for determination.
(2) In making the reference, the Collector shall state for the information of the District Judge-
(a) the names of the persons whom he has reason to think interested in such lease;
(b) the amount of compensation determined under Section 11; and
(c) such other particulars as may be prescribed.
(3) The Collector shall also forward along with the reference a copy of the lease in question.
### 14. Disposal of the reference by the District Judge.
(1) The District Judge shall, in the manner prescribed dispose of the objection and may confirm, vary, increase or reduce the amount of compensation determined under Section 11.
(2) The scope of enquiry by the District Judge under sub-section (1) shall be restricted to a consideration of the interest of the persons affected by the objection.
(3) The decision of the District Judge under sub-section (1) shall be a decree.
### 15. Final publication of the statement.
(1) Where no objection has been filed in regard to the compensation statement published in pursuance of Section 12 or where such objections are filed and have been finally disposed of, the statement shall be amended, altered or modified accordingly and the Collector shall sign the statement and affix his seal thereto.
(2) The statement so signed and sealed shall become final.
(3) A copy of the final statement shall be supplied free of charge to the lessee concerned.
### 16. Payment of compensation.
(1) The compensation mentioned in the final compensation statement referred to in Section 15 shall be paid in cash.
(2) The compensation shall be paid to the lessee whose name is entered in the final compensation statement and where the lessee died before it is paid to him it shall be paid to his legal representatives.
(3) There shall be paid by the State Government on the amount of compensation mentioned in the final compensation statement referred to in Section 15, interest at the rate of two and half per centum per annum from the date of determination of the lease to the date of payment.
### 17. Discharge of liability of the State Government.
- The payment of compensation in accordance with provisions of this Act shall be full discharge of any liability of the State Government to make such payment to the person as may have the rightful claim, but shall not prejudice any right in respect of such compensation which any other person may be entitled by due process of law to enforce against the persons to whom payment is so made.
### 18. Power to make rules.
(1) The State Government may make rules for the purpose of carrying into effect the provisions of this Act.
(2) Without prejudice to the generality of the foregoing power, such rules may provide for-
(a) the determination and the management of the land brought under personal cultivation by the lessee and referred to in clause (b) of Section 4;
(b) the method of calculating rents, cesses and other dues mentioned in clauses (d), (e) and (f) of Section 4;
(c) the matter relating to taking over of lands under Section 6;
(d) the forms and the manner in which the compensation statement under Section 8 shall be prepared;
(e) the manner in which the Collector shall refer the objections to the District Judge under Section 13;
(f) the principles to be followed in determining the hereditary rates in areas where such rates are not already determined;
(g) the time within which applications may be presented under this Act in cases for which no specific provision in that behalf has been made herein;
(h) the application of the provisions of the Indian Limitation Act, 1908, to application under this Act, in cases in which no specific provision in that behalf has been made herein;
(i) the duties of any officer or authority having jurisdiction under this Act, and the procedure to be followed by such officer to authority;
(j) the transfer of proceedings from one authority or officer to another officer or authority;
(k) the procedure to be followed in applications and other proceedings under this Act in cases in which no specific provision has been made herein; and
(l) the matters which are to be or may be prescribed.
(3) The rules made in exercise of the powers conferred under sub-sections (1) and (2) shall, as soon as possible, be laid before the State Legislature.
Notifications
(i) Notification No. 1945/-IC-151-C-1959, dated Lucknow June 30, 1959 and published in U.P. Gazette (Extraordinary), dated June 30, 1959. - In exercise of the powers conferred by clause (b) of sub-section (1) of Section 2 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act No. I of 1951) (hereinafter called the said Act) the Governor of Uttar Pradesh is pleased to direct that the said Act shall, with effect from July 1, 1959, apply to estates or parts thereof which are owned by the State Government and administered as State Property under the control of the Board of Revenue, U.P. or which are nazul and are under the management of a Collector and are situate in the districts in which the U.P. Government Estates Thekedari Abolition Act, 1958 (U.P. Act I of 1959), has been enforced by virtue of Notification No. 312/IC - 277-C-1943, dated June 30, 1959, but in the case of estates or parts thereof in which no intermediary, as defined in clause (12) of Section 3 of the said Act, has any right title or interest, the Act, shall apply subject to the modifications and amendments specified in the Schedule appended hereto.
### 2. The Governor is further pleased to order, under sub-section (3) of Section 1 of the said Act, that the said Act shall come into force in the aforesaid estates, with effect from the first day of July, 1959. Schedule
----------
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| --- | --- | --- |
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SI. No.
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Section of the U.P. Zamindari Abolition and Land
Reforms Act, 1950
|
Extent of modification or amendment
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1
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2
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3
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1.
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3
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(1) For clause (1), the following shall besubstituted.
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"(1) 'appointed day' means the first day
of July, 1959.
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(2) Clauses (3), (5), (12), (13), (15), (17),
(20) , (21), (23) and (24) shall be deleted."
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2.
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3-A
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After Section 3, the following shall be added
as a new Section 3-A;
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"3-A.Substitution of the words
"appointed day" for "date of vesting".-In
this Act, any reference to the date 'date of vesting' in
whatever form shall unless the context otherwise required, be
deemed to be reference to the appointed day."
|
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3.
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112
|
Sections 4 to 112 of Chapters II to VI in Part
shall be deleted.
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4.
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117
|
(a) For the words "publication of the
notification mentioned in Section 4" the words "appointed
day" shall besubstituted.
|
|
|
|
(b) In item (vi) for the words "to which
provisions of clauses (a) to (e) to sub-section (1) of Section
18 apply" the words "held by tenure-holders specified
in clause (a) of Section 130" shall besubstituted.
|
|
|
|
(c) For the words "which had vested in the
State under this Act" the words "and owned by the
State Government" shall besubstituted.
|
|
5.
|
117-A
|
For the words "had in respect of any area
situate in any village vested in the State under this Act"
the words "are owned by the State Government" shall besubstituted.
|
|
6.
|
130
|
For the existing Section 130, the following
shall besubstituted:
|
|
|
|
"130.Bhumidhar.- Every person
belonging to any of the following classes shall be called a
bhumidhar and shall have all the rights and subject to all the
liabilities conferred or imposed upon by or under this Act,
namely-
|
|
|
|
(a) every person who on the date immediately
preceding the appointed day held land as-
|
|
|
|
(i) a fixed rate
tenant or a rent-free grantee;
|
|
|
|
(ii) an occupancy
tenant,
|
Possessing the
right to transfer the holding by sale.
|
|
|
|
(iii) a hereditary
tenant, or
|
|
|
|
(iv) a lessee to
whom the provisions of the Government Grants, Act, apply, or
|
|
|
|
(v) a grove-holder.
|
|
|
|
(b) every person who acquires the rights of a
bhumidhar under or in accordance with the provisions of this
Act."
|
|
7.
|
131
|
For the existing Section 131 the following
shall besubstituted.
|
|
|
|
"131.Sirdar.- Every person
belonging to any of the following classes shall be called a
sirdars and shall have all the rights ana be subject to all the
liabilities conferred or imposed upon sirdars by or under this
Act, namely-
|
|
|
|
(a) every person who, on the date immediately
preceding the appointed day held kind as-
|
|
|
|
(i) an
ex-proprietary tenant;
|
Not being a tenant
referred to in clause (a) of Section 130.
|
|
|
|
(ii) an occupancy
tenant;
|
|
|
|
(iii) a hereditary
tenant;
|
|
|
|
(iv) a grantee at
favourable rate of rent;
|
|
|
|
(v) a lessee
holding a lease to which the provisions of the Government Grants
Act, 1895, (Act XV of 1895) apply.
|
|
|
|
(b) every person who is admitted as sirdar of
vacant land under the provisions of this Act, and
|
|
|
|
(c) every person who, in any other manner,
acquires the rights of a sirdar under or in accordance with the
provisions of this Act".
|
|
8.
|
132
|
For the existing Section 132 the following
shall besubstituted:
|
|
|
|
"132.Land in which sirdari rights
shall not accrue.- Notwithstanding anything contained in
this Act, sirdari rights shall not accrue in-
|
|
|
|
(a) pasture lands or lands covered by water and
used for the purposes of growing Singhara or other produce or
alluvial land;
|
|
|
|
(b) such tracts of shifting or unstable
cultivation as the State Government may specify by notification
in the Gazette, and
|
|
|
|
(c) lands declared by the State Government
notification in the Gazette to be intended or set apart for
Taungya plantation or land within the boundaries of any State
Government forest".
|
|
9.
|
133
|
For existing Section 133 the following shall besubstituted:
|
|
|
|
"133.Asamis.-Every person
belonging to any of the following classes shall be called an
asami and shall have all the rights and be subject to all the
liabilities conferred or imposed upon asamis by or under this
Act, namely-
|
|
|
|
(a) every person who on the date immediately
preceding the appointed day held land as-
|
|
|
|
(i) a sub-tenant of
grove-land; or
|
|
|
|
(ii) a mortgagee in
actual possession from a person belonging to any of the classes
mentioned in sub-clauses (i) to (v) of clause (a) of Section 130
or sub-clauses (i) to (iv) of clause (a) of Section 131; or
|
|
|
|
(iii) a
non-occupancy tenant of pasture land or of land covered by water
and used for the purposes of growing Singhara and other produce
or of alluvial land or a lessee of such land to which the
provisions of the Government Grant Act, 1895 apply; but without
a right of transfer; or
|
|
|
|
(iv) a
non-occupancy tenant of land declared by the State Government by
a notification in the Gazette to be intended or set apart for
Taungya plantation or a non-occupancy tenant of land within the
boundaries of any State Government forest or a lessee of such
land to which the provisions of the Government Grants Act, 1895
apply but without a right of transfer; or
|
|
|
|
(v) a non-occupancy
tenant of land which the State Government had, before the said
date, by a notification in the Gazette declared to be part of
tract of shifting or unstable cultivation or a lessee of such
land to which the provisions of the Government Grants Act, 1895
apply but without a right of transfer; or
|
|
|
|
(vi) a sub-tenant
or an occupant, referred to in Section 230-A where the
land-holder or if there are more than one land holder all of
them were person or persons belonging on the date of letting and
on the date immediately preceding the appointed day to any one
or more of the classes mentioned in clauses (a) to (f) of
sub-section (1) of Section 147; or
|
|
|
|
(vii) an occupant
of grove land recorded in the manner stated in clause (b) of
Section 230-A; and
|
|
|
|
(viii) a lessee
holding under a lease from a court under sub-section (1) of
Section 252 of the U.P. Tenancy Act, 1939.
|
|
|
|
(b) every person who in accordance with the
provisions of this Act, is admitted by a Bhumidhar or sirdars as
a lessee of land complied in his holding;
|
|
|
|
(c) every person who on or after the appointed
day, is admitted by a Gaon Sabha, or the person entitled as a
lessee of land described in Section 132, and
|
|
|
|
(d) every person who, in any other manner,
acquires the right of an asami under or in accordance with the
provisions of this Act, under Section 131.
|
|
10.
|
138
|
In sub-section (1) the words "whether
under Section 18 or Section 134" be deleted.
|
|
11.
|
140
|
Section 140 shall be deleted.
|
|
12.
|
157
|
In sub-section (1) the words "or an asami
holding the land in lieu of maintenance allowance under Section
11", shall be deleted.
|
|
13.
|
172
|
(a) In the Explanation after the word,
"grove-holder" the word "or" shall be added;
and
|
|
|
|
(b) the words "permanent lessee in Avadh"
and "or sir or Khudkasht holder" shall be deleted.
|
|
14.
|
178
|
In sub-section (3) the words "or the U.P.
Agricultural Tenants (Acquisition of Privileges) Act, 1949"
shall be deleted.
|
|
15.
|
196
|
Section 196 shall be deleted.
|
|
16.
|
202
|
For the existing Section 202 the following
shall besubstituted;
|
|
|
|
"202.Procedure of ejectment of
asami. - Without prejudice to the provisions of Section 338 an
asami shall be liable to ejectment from his holding on the suit
of the land-holder on the ground or grounds:
|
|
|
|
(a) mention in Sections 167,191 or 206;
|
|
|
|
(b) that he belongs to any of the classes
mentioned in sub-clauses (i) , (iii), (v) and (vii) of clause (a)
or in clause (c) of Section 133 and that he holds the land from
year to year or for a period which has expired or will expire
before the end of the current agriculture year;
|
|
|
|
(c) that he belongs to the class mentioned in
sub-clause (ii) of clause (a) of Section 133 and the mortgage
has been satisfied or the amount due has been deposited in
court;
|
|
|
|
(d) that he belongs to the class mentioned in
sub-clause (iv) of clause (a) of Section 133 and that the
cultivation of agricultural crops has become impossible;
|
|
|
|
(e) that he belongs to the class mentioned in
sub-clause (vi) of clause (a) or clause (b) of Section 133 and
that -
|
|
|
|
(i) the land-holder
wishes to bring the land under his personal cultivation and in
cases where the lease is for a fixed term or such term has
expired, or
|
|
|
|
(ii) the disability
has determined;
|
|
|
|
(f) that there is an unsatisfied decree for
arrears of rent outstanding against him and such decree can be
executed by ejectment;
|
|
|
|
(g) that he belongs to the class mentioned in
clause (d) of Section 133 and that he is liable to ejectment on
any of the grounds specified in subclauses (a) , (b), (c), (d),
(e) and (f).
|
|
17.
|
212
|
Section 212 shall be deleted.
|
|
18.
|
228
|
For the existing Section 228, the following
shall besubstituted:
|
|
|
|
"228. All trees within the holding of a
tenant shall be deemed to be settled with him by the State
Government".
|
|
19.
|
530A
|
In Chapter IX before Section 231 the following
shall be added as a new section 230-A:
|
|
|
|
"230-A.Adhivasi.- Every person who
on the date immediately preceding the appointed day-
|
|
|
|
(a) was or has been deemed to be, in accordance
with the provisions of this Act except as provided in clause (b) a sub-tenant of any land other than grove-land;
|
|
|
|
(b) was recorded as occupant of any land other
than grove-land or vacant land or land referred to in the
proviso to sub-section (3) of Section 27 of the U.P. Tenancy
(Amendment) Act, 1947, in the Khasra or Khatauni of 1956 fasli
prepared under Sections 28 and 33 respectively of U.P. Land
Revenue Act, 1901,
|
|
|
|
shall unless he has become an asami under
sub-clause (vi) of clause (a) of Section 133 be called adhivasi
of the land and shall, subject to the provisions of this Act, be
entitled to take or retain possession thereof.
|
|
|
|
Explanation I. - Where a person referred
to in clause (b) was evicted from the land after June 30, 1948,
he shall notwithstanding anything in an order or decree, be
deemed to be a person entitled to retain possession of the land.
|
|
|
|
Explanation II.-Where any entry in the
records referred to in clause (b) has been corrected under or in
accordance with the provisions of the U.P. Land Revenue Act,
1901, the entry so corrected shall for the purposes of the said
clause prevail.
|
|
|
|
Explanation III. - For the purposes of
Explanation II an entry shall be deemed to have been corrected
before the appointed day if an order or decree or a competent
court requiring any correction in records had been made before
the said day and had become final even though the correction may
not have been incorporated in the records.
|
|
20.
|
230
|
(a) In sub-section (1) (a) for the words
"Section 20" the words "Section 230-A" shall
be substituted; and
|
|
|
|
(b) For the words "eighteen months"
the words "thirty months" shall the substituted.
|
|
21.
|
235
|
In clause (a) of sub-section (1) the words "sir
or khudkasht or" shall be deleted.
|
|
22.
|
236
|
(1) Clause (a) shall be deleted.
|
|
|
|
(2) In Clause (b) the words "other than a
bhumidhar referred to in clause (a) " shall be deleted.
|
|
23.
|
245
|
(1) In sub-section (1) sub-clauses (i) and
(i-A) of clause (a) shall be deleted.
|
|
|
|
(2) In clause (b) of sub-section (1) for the
words "clauses (d) and (e) of sub-section (1) of Section
18" the words "sub-clauses (ii) , (iii) and (iv) of
clause (a) of Section 130" shall be substituted; and
|
|
|
|
(3) Clause (c) shall be deleted.
|
|
24.
|
247
|
Section 247 shall be deleted.
|
|
25.
|
247-A
|
Section 247-A shall be deleted.
|
|
26.
|
249
|
Section 249 shall be deleted.
|
|
27.
|
319
|
Clauses (a) , (b) and (d) of Section 319 shall
be deleted.
|
|
28.
|
320
|
Section 320 shall be deleted.
|
|
29.
|
322
|
Section 322 shall be deleted.
|
|
30.
|
323
|
Section 323 shall be deleted.
|
|
31.
|
325
|
Section 325 shall be deleted.
|
|
32.
|
326
|
Section 326 shall be deleted.
|
|
33.
|
329
|
Section 329 shall be deleted.
|
|
34.
|
330
|
Section 330 shall be deleted.
|
|
35.
|
335
|
Section 335 shall be deleted.
|
|
36.
|
339
|
For the existing Section 339 the following
shall besubstituted:
|
|
|
|
"339.Repeal and Savings. - With
effect from the appointed day-
|
|
|
|
(a) the enactments mentioned in List I of
Schedule III shall be and are hereby repealed in their
application to estates situate in the districts mentioned in
Notification No. 312/IC-277-C-1953, dated June 30, 1959, and
owned by the State Government;
|
|
|
|
(b) so much of any other enactments as is
inconsistent with the provisions of Chapters VIII to X of this
Act shall be deemed to be and is hereby repealed in its
application to the aforesaid estates;
|
|
|
|
(c) the U.P. Land Revenue Act, 1901, shall in
its application to the aforesaid estates be deemed to be and is
hereby amended to the extent mentioned in column 3 of the List
II of Schedule aforesaid:
|
|
|
|
Provided that where under this Act any
interpretation has to be made, action taken or thing done in
accordance with the provisions of the United Provinces Tenancy
Act, 1939, the same may be made, taken or done as if it has not
been repealed by this Act".
|
|
37.
|
340
|
Section 340 shall be deleted.
|
|
38.
|
343
|
Section 343 shall be deleted.
|
|
39.
|
Schedule I
|
Schedule II shall be deleted.
|
|
40.
|
Schedule II
|
The entries at serial Nos. 1 to 5 shall be
deleted
|
|
41.
|
Schedule IV
|
Schedule IV shall be deleted.
|
(ii) Notification No. 1945 (2)/IC - 151-C-1959, dated Lucknow, June 30, 1959 and published in U.P. Gazette, (Extraordinary), dated 30th June, 1959 - In continuation of Notification No. 1945/IC - 151-C-1959, dated June 30, 1959 and in exercise of the powers conferred by sub-section (2) of Section 1 of the U.P. Land Reforms (Amendment) Act, 1954 (U.P. Act No. XX of 1954) hereinafter called the said Act), the Governor of U.P. is pleased to direct that the said Act shall with effect from the first day of July, 1959, apply to the estates or parts thereof which are owned by the State Government and administered as State property under the control of the Board of Revenue, U.P. or which are Nazul and are under the management of a Collector and are situate in the districts in which the U.P. Government Estates Thekedari Abolition Act, 1958 (U.P. Act I of 1959) has been enforced by virtue of Notification No. 312/IC - 217-C-1953, dated June 30, 1959, but in the case of estates or parts thereof in which no intermediary as defined in clause (12) of Section 3 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act
No. 1 of 1951
), has any right, title or interest, the Act would apply subject to the modification and amendments specified in the following Schedule.
### 2. The Governor is further pleased to direct under sub-section (3) of Section 1 of the said Act that the said Act shall come into force in the aforesaid estates with effect from the aforesaid date: Schedule 2
------------
| | | |
| --- | --- | --- |
|
SI. No.
|
Section of the U.P. Land Reforms (Amendment) Act, 1954
|
Extent of modification or amendment
|
|
1
|
2
|
3
|
|
1.
|
2
|
Section 2 shall be deleted.
|
|
2.
|
4-12
|
Sections 4-12 shall be deleted.
|
|
3.
|
13
|
Clause (b) shall be deleted.
|
|
4.
|
23
|
Section 23 shall be deleted.
|
|
5.
|
30
|
In Section 172 of the Principal Act-
|
|
|
|
(1) in sub-section (1) for the words "date
of vesting" the words "appointed day" shall besubstituted.
|
|
|
|
(2) in clause (b) of sub-section (2) between
the words "marry" and "such" "Bhumidhar"
the word "and shall be inserted" and for the words
"and intermediary or tenant" the words "tenant"
shall besubstituted.
|
|
6.
|
37
|
Section 37 shall be deleted.
|
|
7.
|
39
|
Section 39 shall be deleted.
|
|
8.
|
40
|
Section 212-A of the Principal Act as inserted
by Section 40 shall be deleted.
|
|
9.
|
47
|
In such section (5) of Section 232 of the
Principal act asinsertedby sub-section (2) for the word
"date of vesting" the words "appointed day"
shall besubstituted.
|
|
10.
|
55
|
(1) In clause (b) of Section 240-D of the
Principal Act-
|
|
|
|
(a) for the words
"date of vesting" the words "appointed day"
shall be substituted:
|
|
|
|
(b) in sub-clause
(i) the words "Sir, Khudkhast or" shall be deleted,
|
|
|
|
(c) in sub-clause
(ii) for the words "sub-clauses (ii) and (iii) of clause
(a) of Section 130" shall besubstituted.
|
|
|
|
(d) in sub-clause
(iii) for the word and figures "Section 19" the word
and figures "Section 131" shall besubstituted.
|
|
|
|
(2) In Section 204-E of the Principal Act-
|
|
|
|
(a) clause (1)
shall be deleted;
|
|
|
|
(b) for the words
"date of vesting" the words "appointed day"
shall be substituted in clause (2) and in the proviso to clause
(4) ;
|
|
|
|
(c) in clause (3)
for words "clauses (1) and (2)" the word "clause
(2) " shall besubstituted.
|
|
|
|
(3) in Section 248-K of the Principal Act-
|
|
|
|
(a) in clause (b)
of sub-section (1) for the words "sub-section (1) and (4)"
the word "sub-section (4) " shall besubstituted.
|
|
|
|
(b) sub-section (3)
shall be deleted.
|
|
11.
|
56
|
In sub-clause (1) of clause (a) for the words
"date of vesting" the words "appointed day"
shall besubstituted.
|
|
12.
|
57
|
Section 57 shall be deleted.
|
|
13.
|
58
|
Section 58 shall be deleted.
|
|
14.
|
60
|
Section 60 shall be deleted.
|
|
15.
|
65
|
Clauses (c) to (f) of Section 337 of the
Principal Act, as amended by Section 65, shall be deleted.
|
|
16.
|
69
|
Section 69 shall be deleted.
|
|
17.
|
71
|
Section 71 shall be deleted.
|
|
18.
|
72
|
For the words "date of vesting" the
words "appointed day" shall besubstituted.
|
|
19.
|
73
|
Section 73 shall be deleted.
|
|
20.
|
75
|
Section 75 shall be deleted.
|
(iii) Notification No. 1945 (4)/IC - 151-C-1959, dated June 30, 1959 and published in U.P. Gazette, Extraordinary, dated June 30, 1959. - In continuation of Notification No. 1945(2)/IC - 151-C-1959, dated June 30, 1959 and in exercise of the powers conferred by sub-sections (3) and (2) of Section 1 of U.P. Land Reforms (Amendment) Act, 1956, (U.P. Act No. XVIII of 1956) hereinafter called the said Act), the Governor of U.P. is pleased to direct that the said Act shall, with effect from the first day of July, 1959, apply to the estates or parts thereof which are owned by the State Government and administered as State property under the control of the Board of Revenue, Uttar Pradesh or which are Nazul and are under the management or Collector and are situate in the districts in which the U.P. Government Estates Thekedari Abolition Act, 1958 (U.P. Act
1 of 1959
) has been enforced by virtue of Notification No. 312/IC - 277-C-53, dated June 30, 1959, subject to the modifications as specified in-
(a) Scheduled I, in the case of estates or parts thereof in which an intermediary as defined in clause (12) of Section 3 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act
No. 1 of 1951
) had on the date prior to July 1, 1959, a right, title or interest, and
(b) Schedule II, in the case of estates or parts thereof to which prior to July 1, 1959, no intermediary as defined in clause (12) of Section 3 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act
No. 1 of 1951
) had any right, title or interest and to further direct that the said Act shall come into force in the aforesaid estates from the first day of July, 1959.
I
---
| | | |
| --- | --- | --- |
|
SI. No.
|
Section of the U.P. Land Reforms (Amendments) Act, 1956 (U.P. Act No. XVIII of 1956)
|
Extent of modification or amendment
|
|
1
|
2
|
3
|
|
1.
|
4
|
Section 4 shall be deleted.
|
|
2.
|
20
|
In Schedule II of the Principal Act, as substituted by this
Act, the entries as serial Nos. 9 and 10 shall be deleted.
|
|
3.
|
21
|
Section 21 shall be deleted.
|
II
----
| | | |
| --- | --- | --- |
|
1
|
2
|
3
|
|
1.
|
3 and 4
|
Sections 3 and 4 shall be deleted.
|
|
2.
|
11
|
Section 11 shall be deleted.
|
|
3.
|
12
|
For the words "Vesting in Central or State Government"
or the words "belonging to the Central or State Government"
shallsubstituted.
|
|
4.
|
14
|
In Section 14 for the word and figure "Section 20"
the word and figure "Section 230-A" shall besubstituted.
|
|
5.
|
15
|
In section 15 for the words and figures "Section 240-B"
and Section 11-A" the words and figures "Section
240-A" and "Section 14" shall respectively besubstituted.
|
|
6.
|
17
|
In Section 17, for the figure "1954" figure "1953"
shall besubstituted.
|
|
7.
|
20
|
In Schedule II of the Principal Act, substituted by this Act-
|
|
7.
|
20
|
(1) All entries against serial Nos. 1, 2, 3, 4, 9, 10 and 26
shall be deleted.
|
|
|
|
(2) In column 2 against serial No. 21 for the brackets and
letter "h" the brackets and letter "g" shall
besubstituted, and
|
|
|
|
(3) In column 2 against serial No. 21 for the word and figure
"Section 202" the word and figure "Section 230-A"
shall besubstituted.
|
|
8.
|
21
|
Section 21 shall be deleted.
|
(iv) Notification No. 1945 (5)/IC - 151-C-1959, dated June 30, 1959 and published in U.P. Gazette, Extraordinary, dated June 30, 1959. - In exercise of the powers conferred by the proviso to sub-section (2) of Section 1 of the U.P. Land Reforms (Amendment) Act, 1958 (U.P. Act No. XXXVII of 1958) (hereinafter called the said Act), the Governor of Uttar Pradesh is pleased to directs that the said Act shall with effect from the first day of July, 1959, apply to estates or parts thereof which are owned by the State Government and administered as State property under the control of the Board of Revenue, U.P. or which are Nazul and are under the management of a Collector and are situate in the districts in which the U.P. Government Estates Thekedari Abolition Act, 1958 (U.P. Act No. I of 1959) has been enforced by virtue of Notification No. 312/IC - 277-C-1953, dated June, 30 1959, subject to the exceptions and modifications not affecting the substance, as specified in-
(a) Schedule I annexed hereto in the case of estates or parts thereof in which an intermediary as defined in clause (12) of Section 3 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act No. I of 1951), had on the date prior to July, 1959 a right, title or interest, and
(b) Schedule II annexed hereto, in the case of estates or parts thereof in which prior to July 1, 1959 no intermediary, as defined in clause (12) of Section 3 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act No. I of 1951) had any right, title or interest.
The Governor is further pleased to appoint, under sub-section (3) of Section 1 of the said Act, the 1st day of July, 1959, as the date from which the said Act shall come into force in the aforesaid estates.
I
---
| | | |
| --- | --- | --- |
|
SI. No.
|
Section of the U.P. Land Reforms (Amendment) Act, 1958
|
Extent of exception or modification
|
|
1
|
2
|
3
|
|
1.
|
81
|
Section 81 shall be deleted.
|
|
2.
|
85
|
85 Section 85 shall be deleted.
|
|
3.
|
86
|
Section 86 shall be deleted.
|
|
4.
|
87
|
For the words, figures and Sections 86, any" the word
comma "Except as provided in "Any" shall be
substituted.
|
II
----
| | | |
| --- | --- | --- |
|
SI. No.
|
Section of the U.P. Land Reforms (Amendment) Act, 1958
|
Extent of exception or modification
|
|
1
|
2
|
3
|
|
1.
|
3-6
|
Sections 3 to 6 shall be deleted.
|
|
2.
|
22
|
Between the words "taungya plantation" and "or
grove lands", the words "or land within the boundaries
of any State Government forests" shall be inserted.
|
|
3.
|
23
|
The figure "196" shall be deleted.
|
|
4.
|
62
|
Section 62 shall be deleted.
|
|
5.
|
81
|
Section 81 shall be deleted.
|
|
6.
|
85
|
Section 85 shall be deleted.
|
|
7.
|
87
|
For the words and figures "Sections 85 and 86", the
word and figure "Section 86" shall besubstituted.
|
Determination of leases in 53 Mustajiri villages of Tarai and Bhabhar Government Estates in district Naini Tal
(v) Notification No. 1688/IC - 340-C-65, dated June 17, 1965 and published in U.P. Gazette Part I, dated June 26, 1965. - In exercise of the powers under sub-section (2) of Section 1 of the Uttar Pradesh Government Estates Thekedari Abolition Act, 1958 (U.P. Act
No. 1 of 1959
), the Governor of Uttar Pradesh is pleased to extend with effect from the date of the publication of this notification in the Uttar Pradesh Gazette the provisions of the above Act to the area comprising the district of Naini Tal.
(vi) Notification No. 1688(i)/IC - 340-C-65, dated June 17, 1965 and published in U.P. Gazette Part I, dated June 26,1965. - In exercise of the powers under sub-section (3) of Section 1 of the Uttar Pradesh Government Estates Thekedari Abolition Act, 1958 (U.P. Act
No. 1 of 1959
), the Governor of Uttar Pradesh is pleased to appoint the date of publication of this Notification in the Uttar Pradesh Gazette as the date on which the aforesaid Act shall come into force in the area comprising the district of Naini Tal.
(vii) Notification No. 1-15(1)/65-1-GA, dated June 30, 1966 and published in the U.P. Gazette (Extraordinary), dated June 30, 1966. - In exercise of the powers under Section 3 of the U.P. Government Estates Thekedari Abolition Act, 1958 (U.P. Act
No. 1 of 1959
), the Governor of Uttar Pradesh is pleased to order that with effect from July 1, 1966 all leases in respect of Government Estate made by or on behalf of the State Government in the following villages of Tarai and Bhabhar Government Estates, District Naini Tal, shall determine:
| | | | |
| --- | --- | --- | --- |
|
Name of villages
|
Peshkari/Tahsil
|
Name of village
|
Peshkari/Tahsil
|
|
1.
|
Ikghara
|
Bazpur
|
19.
|
Rampura Shakar
|
Bazpur
|
|
2.
|
Biraha
|
Do.
|
20.
|
Jagannathpur
|
Do.
|
|
3.
|
Rainta
|
Do.
|
21.
|
Gadiriyabagh
|
Kichha.
|
|
4.
|
Babuna Islamnagar
|
Do.
|
22.
|
Nurpur
|
Do.
|
|
5.
|
Vikrampur
|
Do.
|
23.
|
Rajpura
|
Do.
|
|
6.
|
Deoria
|
Do.
|
24.
|
Panthpur
|
Do.
|
|
7.
|
Narkheda
|
Do.
|
25.
|
Gangoli
|
Do.
|
|
8.
|
Khamaria
|
Do.
|
26.
|
Lachmipur
|
Do.
|
|
9.
|
Nandpur Narkatopa
|
Do.
|
27.
|
Kauman
|
Do.
|
|
10.
|
Sihali
|
Do.
|
28.
|
Bairibhoj
|
Do.
|
|
11.
|
Paharpur
|
Do.
|
29.
|
Turkagori
|
Do.
|
|
12.
|
Namuna.
|
Do.
|
30.
|
Padri (excluding Paha Canal Land)
|
Do.
|
|
13.
|
Madaia Bakshe
|
Do.
|
31.
|
Mahrajpur
|
Do.
|
|
14.
|
Bandbari
|
Do.
|
32.
|
Hazara Sripur
|
Do.
|
|
15.
|
Uncha Gaon
|
Do.
|
33.
|
Gaughat
|
Do.
|
|
16.
|
Madaia Qayam
|
Do.
|
34.
|
Bangawan
|
Khatima
|
|
17.
|
Ludhpura
|
Do.
|
35.
|
Radhulia
|
Do.
|
|
18.
|
Sarkara
|
Do.
|
|
|
|
|
65b9b181ab84c7eca86e9a24 | acts |
State of Rajasthan - Act
--------------------------
Rajasthan Requisitioning of Land (Improvement of Agriculture) Rules, 1955
---------------------------------------------------------------------------
RAJASTHAN
India
Rajasthan Requisitioning of Land (Improvement of Agriculture) Rules, 1955
===========================================================================
Rule RAJASTHAN-REQUISITIONING-OF-LAND-IMPROVEMENT-OF-AGRICULTURE-RULES-1955 of 1955
-------------------------------------------------------------------------------------
* Published on 19 December 1955
* Commenced on 19 December 1955
Rajasthan Requisitioning of Land (Improvement of Agriculture) Rules, 1955
Published vide Notification No. F. 13(235) Rev. A/55, dated 19-12-1955, published in Rajasthan Gazette, Part 4-C. dated 14-1-56
In exercise of the powers conferred by section 17 of the Rajasthan Requisitioning of Land (Improvement of Agriculture) Act, 1951 (Rajasthan Act XXIX of 1951) the Government hereby makes the following rules namely:-
### 1. Short title and commencement.
(1) These rules may be called the Rajasthan Requisitioning of Land (Improvement of Agriculture) Rules, 1955.
(2) They shall come into force at once.
### 2. Interpretation.
- In these rules, unless there is anything repugnant in the subject or context:-
(i) "the Act" means the Rajasthan Requisitioning of Land (Improvement of Agriculture) Act, 1951 (Rajasthan Act XXIX of 1951);
(ii) "section" means a section of the Act;
(iii) "Schedule" means the schedule attached to the Act.
### 3. Appointment of competent Authority under section 2(1) .
- Under section 2(1) the Government hereby appoints the Collector of the districts as the competent authority for that district for the purposes of the Act.
### 4. Application under section 3.
(1) An application under section 3 shall be in the form of a report to Government by the competent authority.
(2) The reports shall contain the following particulars, namely:-
(1) name of village with name of Tehsil;
(2) particulars of land, viz, Khasra numbers, Khata numbers, directions and boundaries, area, soil-class and rent;
(3) name, description and address of land-holders and tenants; and
(4) public purpose for which the land is to be requisitioned.
### 5. Inquiry under section 4.
(1) On receipt of an application under section 3 from the competent authority, the Government may call for a report from the head of-
(a) the Irrigation Department, if the land is proposed to be requisitioned for the making, enlarging or deepening of a tank for irrigation purposes;
(b) the Health Department and/or the Agriculture Department, if the land is purposed to be requisitioned for the composting of village refuse, or the preparation of any other form of manure;
(c) the Agriculture Department, if the land is proposed to be requisitioned for a plant nursery; and
(d) any other Department concerned, if the land is proposed to be requisitioned for any other object.
(2) In calling for a report from the departments concerned, the Government may also inquire the total estimated cost of the work and the total anticipated benefit from the proposed work.
(3) The Government may, if it deems fit, before passing the order for requisitioning the land, summon the persons interested in the land and hear them.
### 6. Inquiry under section 6.
- The officer authorised in this behalf by Government under section 6 shall, before proceeding to determine the amount of compensation payable to the persons, if any, interested in the requisitioned land, summon the persons concerned and ask them to produce their evidence, if any, with respect to the various matters to be taken into consideration in determining the amount of compensation in accordance with the provisions of the Schedule, and the officer shall also consult the record-of-rights and, if necessary, examine the patwari of the village. In particular, he shall ascertain whether the persons claiming compensation are in actual possession of such land.
### 7. Service of orders.
- In addition to the provision for service of order laid down in section 10, a coy of the order under section 4 or section 9 shall also be posted on the notice board of the Tehsil within which the land to which it refers is situated, and at some place of public resort on or adjacent to the land to which it refers, and it shall further be published by beat of drum on or near such land.
### 8. Court fees in respect of appeals under section 6 or 8.
- The amount of court fees payable under the Act a memorandum of appeal against an order under section 6 or section 8 shall be rupees two.
|
65ba7f3dab84c7eca86ebb99 | acts |
Union of India - Act
----------------------
The Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017
------------------------------------------------------------------------
UNION OF INDIA
India
The Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017
========================================================================
Rule THE-CUSTOMS-IMPORT-OF-GOODS-AT-CONCESSIONAL-RATE-OF-DUTY-RULES-2017 of 2017
----------------------------------------------------------------------------------
* Published on 30 June 2017
* Commenced on 30 June 2017
The Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017
Published vide Notification No. G.S.R.803(E) , dated 30th June, 2017
Ministry of Finance
(Department of Revenue)
No. 68 /2017 - Customs (N.T.)
G.S.R.803(E) . - In exercise of the powers conferred by section 156 of the Customs Act, 1962 (
52 of 1962
),and in supersession of the Customs(Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules,2016 except as things done or omitted to be done before such supersession, the Central Government hereby makes the following, namely: -
### 1. Short title and commencement.
(1) These rules may be called the Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017.
(2) They shall come into force on the 1st day of July, 2017.
### 2. Application.
(1) These rules shall apply to an importer, who intends to avail the benefit of an exemption notification issued under sub-section (1) of section 25 of the Customs Act, 1962 (
52 of 1962
) and where the benefit of such exemption is dependent upon the use of imported goods covered by that notification for the manufacture of any commodity or provision of output service.
(2) These rules shall apply only in respect of such exemption notifications which provide for the observance of these rules.
### 3. Definition.
- In these rules, unless the context otherwise requires, -
(a) "Act" means the Customs Act, 1962 (
52 of 1962
);
(b) "exemption notification" means a notification issued under sub-section (1) of section 25 of the Act;
(c) "information" means the information provided by the manufacturer who intends to avail the benefit of an exemption notification;
(d) "Jurisdictional Custom Officer" means an officer of Customs of a rank equivalent to the rank of Superintendent or an Appraiser exercising jurisdiction over the premises where either the imported goods shall be put to use for manufacture or for rendering output services;
(e) "manufacture" means the processing of raw material or inputs in any manner that results in emergence of a new product having a distinct name, character and use and the term "manufacturer" shall be construed accordingly;
(f) "output service" means supply of service with the use of the imported goods.
### 4. Information about intent to avail benefit of exemption notification.
- An importer who intends to avail the benefit of an exemption notification shall provide the information to the Deputy Commissioner of Customs or, as the case may be, Assistant Commissioner of Customs having jurisdiction over the premises where the imported goods shall be put to use for manufacture of goods or for rendering output service, the particulars, namely:-
(i) the name and address of the manufacturer;
(ii) the goods produced at his manufacturing facility;
(iii) the nature and description of imported goods used in the manufacture of goods or providing an output service.
### 5. Procedure to be followed.
(1) The importer who intends to avail the benefit of an exemption notification shall provide information -
(a) in duplicate, to the Deputy Commissioner of Customs or, as the case may be, Assistant Commissioner of Customs having jurisdiction over the premises where the imported goods shall be put to use for manufacture of goods or for rendering output service, the estimated quantity and value of the goods to be imported, particulars of the exemption notification applicable on such import and the port of import in respect of a particular consignment for a period not exceeding one year; and
(b) in one set, to the Deputy Commissioner of Customs or, as the case may be, Assistant Commissioner of Customs at the Custom Station of importation.
(2) The importer who intends to avail the benefit of an exemption notification shall submit a continuity bond with such surety or security as deemed appropriate by the Deputy Commissioner of Customs or Assistant Commissioner of Customs having jurisdiction over the premises where the imported goods shall be put to use for manufacture of goods or for rendering output service, with an undertaking to pay the amount equal to the difference between the duty leviable on inputs but for the exemption and that already paid, if any, at the time of importation, along with interest, at the rate fixed by notification issued under section 28AA of the Act, for the period starting from the date of importation of the goods on which the exemption was availed and ending with the date of actual payment of the entire amount of the difference of duty that he is liable to pay.
(3) The Deputy Commissioner of Customs or, as the case may be, Assistant Commissioner of Customs having jurisdiction over the premises where the imported goods shall be put to use for manufacture of goods or for rendering output service, shall forward one copy of information received from the importer to the Deputy Commissioner of Customs, or as the case may be, Assistant Commissioner of Customs at the Custom Station of importation.
(4) On receipt of the copy of the information under clause (b) of sub-rule (1), the Deputy Commissioner of Customs or, as the case may be, Assistant Commissioner of Customs at the Custom Station of importation shall allow the benefit of the exemption notification to the importer who intends to avail the benefit of exemption notification.
### 6. Importer who intends to avail the benefit of an exemption notification to give information regarding receipt of imported goods and maintain records.
(1) The importer who intends to avail the benefit of an exemption notification shall provide the information of the receipt of the imported goods in his premises where goods shall be put to use for manufacture, within two days (excluding holidays, if any) of such receipt to the jurisdictional Customs Officer.
(2) The importer who has availed the benefit of an exemption notification shall maintain an account in such manner so as to clearly indicate the quantity and value of goods imported, the quantity of imported goods consumed in accordance with provisions of the exemption notification, the quantity of goods re-exported, if any, under rule 7 and the quantity remaining in stock, bill of entry wise and shall produce the said account as and when required by the Deputy Commissioner of Customs or, as the case may be, Assistant Commissioner of Customs having jurisdiction over the premises where the imported goods shall be put to use for manufacture of goods or for rendering output service.
(3) The importer who has availed the benefit of an exemption notification shall submit a quarterly return, in the Form appended to these rules, to the Deputy Commissioner of Customs or, as the case may be, Assistant Commissioner of Customs having jurisdiction over the premises where the imported goods shall be put to use for manufacture of goods or for rendering output service, by the tenth day of the following quarter.
### 7. Re-export or clearance of unutilised or defective goods.
(1) The importer who has availed benefit of an exemption notification, prescribing observance of these rules may re-export the unutilised or defective imported goods, within six months from the date of import, with the permission of the jurisdictional Deputy Commissioner of Customs or, as the case may be, Assistant Commissioner of Customs having jurisdiction over the premises where the imported goods shall be put to use for manufacture of goods or for rendering output service:
Provided that the value of such goods for re-export shall not be less than the value of the said goods at the time of import.
(2) The importer who has availed benefit of an exemption notification, prescribing observance of these rules may also clear the unutilised or defective imported goods, with the permission of the jurisdictional Deputy Commissioner of Customs or, as the case may be, Assistant Commissioner of Customs having jurisdiction over the premises where the imported goods shall be put to use for manufacture of goods or for rendering output service, within a period of six months from the date of import on payment of import duty equal to the difference between the duty leviable on such goods but for the exemption availed and that already paid, if any, at the time of importation, along with interest, at the rate fixed by notification issued under section 28AA of the Act, for the period starting from the date of importation of the goods on which the exemption was availed and ending with the date of actual payment of the entire amount of the difference of duty that he is liable to pay.
### 8. Recovery of duty in certain case.
- The importer who has availed the benefit of an exemption notification shall use the goods imported in accordance with the conditions mentioned in the concerned exemption notification or take action by re-export or clearance of unutilised or defective goods under rule 7 and in the event of any failure, the Deputy Commissioner of Customs or, as the case may be, Assistant Commissioner of Customs having jurisdiction over the premises where the imported goods shall be put to use for manufacture of goods or for rendering output service shall take action by invoking the Bond to initiate the recovery proceedings of the amount equal to the difference between the duty leviable on such goods but for the exemption and that already paid, if any, at the time of importation, along with interest, at the rate fixed by notification issued under section 28AA of the Act, for the period starting from the date of importation of the goods on which the exemption was availed and ending with the date of actual payment of the entire amount of the difference of duty that he is liable to pay.
### 9. References in any rule, notification, circular, instruction, standing order, trade notice or other order pursuance to the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules,1996 and any provision thereof or to the Customs (Import of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules, 2016 and any corresponding provisions thereof shall, be construed as reference to the Customs(Import of Goods at Concessional Rate of Duty) Rules, 2017.
Form
[See rule 6(3) ]
Quarterly Return
Return for the quarter ending\_\_\_\_\_
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Bill of Entry No. and date
|
Description of goods imported at concessional
rate
|
Opening balance on the 1st day of the quarter
|
Details of goods imported during the quarter
|
Specified purpose for procuring the goods at
concessional rate of duty.
|
Goods manufactured during the quarter/Output
service provided
|
Whether the goods used for specified purpose or
not and in case of export, specify the quantity exportedwith
details of Tax Invoice
|
|
Value of goods received during the quarter
|
Quantity of goods received during the quarter
|
Total of column (4) and (6)
|
Quantity consumed for the intended purpose,
during the quarter
|
Quantity re-exported during the quarter
|
Quantity cleared in to the domestic market during
the quarter
|
Closing balance on the last day of the quarter
|
|
Description
|
Quantity
|
|
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
(10) |
(11) |
(12) |
(13) |
(14) |
(15) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
65baa65eab84c7eca86ec441 | acts |
State of Gujarat - Act
------------------------
The Gujarat Hindu Places of Public Worship (Entry Authorization) Act, 1956
----------------------------------------------------------------------------
GUJARAT
India
The Gujarat Hindu Places of Public Worship (Entry Authorization) Act, 1956
============================================================================
Act 31 of 1956
----------------
* Published on 28 May 1956
* Commenced on 28 May 1956
The Bombay Hindu Places of Public Worship (Entry Authorization) Act, 1956
(Bombay Act
No. 31 of 1956
)
[Dated 28th May, 1956]
This Act was extended to that part of the State of Bombay to which, immediately before the commencement of Bombay 36 of 1958, it did not extend (vide Bombay 36 of 1958, section 2).
For Statement of objects and Reasons, see Bombay Government Gazette, Extraordinary, 1956, Part V, p. 191.
An Act to make better provision of the throwing open of places of public worship to all classes and sections of Hindus.
Whereas it is expedient to make better provisions of the throwing open of places of public worship to all classes and sections of Hindus; It is hereby enacted in the Seventh Year of the Republic of India as follows:-
### 1. Short title, extent and commencement.
(1) This Act may be called the Bombay Hindu Places of Public Worship (Entry Authorisation) Act, 1956.
(2) [ It extends to the whole of the [State of Gujarat]
[This sub-section was substituted for the original by Bombay 36 of 1958, section 3(a) .]
.
(3) It shall come into force [in the Bombay area of the State of Gujarat]
[These words were substituted for the words 'in the pre-Reorganisation State of Bombay', by Gujarat Adaptation of Laws (State and concurrent Subjects) Order, 1960.]
on such date as the State Government may, by notification in the Official Gazette [appoint and in that part of the [State of Bombay]
[These words were substituted for the words 'appoint' by Bombay 36 of 1958, section 3(b) .]
to which it is extended by the Bombay Hindu Places of Public Worship (Entry Authorisation) (Extension) Act, 1957 (Bombay XXXVI of 1958), it shall come into force on such other date as the State Government, may, by notification published in the like manner, appoint].
### 2. Definitions.
- In this Act, unless the context otherwise, requires,-
(a) "Place of public worship" means a place whether a temple or by any other name called, to whomsoever belonging which is dedicated to or for the benefit of , or is used generally by, Hindus, Jains, Sikhs or Buddhists or any section of class thereof, for the performance of any religious service or for offering prayers therein; and includes all lands and subsidiary shrines appurtenant or attached to any such place, and also any sacred tanks, wells, springs and water courses the water of which are worshipped, or are used for bathing or for worship;
(b) "section" or "class" of Hindus includes any division, sub-division, caste, sub-caste, sect or denomination whatsoever of Hindus.
### 3. Throwing open of Hindu temples to all classes and sections of Hindus.
- Notwithstanding any custom, usage or law for the time being in force, or the decree or order of a Court, or anything contained in any instrument, to the contrary, every place of public worship which is open to Hindus generally, or to any section or class thereof, shall be open to all sections and classes of Hindus; and no Hindu of whatsoever sections or class, shall in any manner be prevented, obstructed or discouraged from entering such place or public worship, or from worshipping or offering prayers thereat, or performing any religious service therein in the like manner and to like extent as any other Hindu of whatsoever section or class may so enter, worship pray or perform.
### 4. Penalty.
(1) Whoever in contravention of section 3-
(a) prevents any person belonging to any class or section of Hindus from entering, worshipping or offering prayers, or performing any religious service in any Hindu temple which is used as a place of public worship, or
(b) molests, injures, annoys, obstructs or causes or attempts to cause obstruction to, or by the threat of molestation, injury, annoyance or obstruction overawes or discharges any such person doing or performing any of the acts aforesaid, shall, on conviction, be punished with imprisonment which may, extend to six months or with fine which may extend to five hundred rupees, or with both.
(2) Nothing in this section shall be taken to relate to offences relating to the practice of "untouchability".
### 5. Abetment of offences.
- Whoever abets any offence under this Act, shall be punished with the punishment provided for the offence
### 6. Limitation of jurisdiction of civil courts.
- No civil court shall entertain or continue any suit or proceeding or shall pass any decree or order, or execute wholly or partially any decree or order, of the claim involved in any such suit or proceeding, or if the passing of any such decree or order or if such execution would in any may be contrary to the provisions of this Act.
### 7. Offences to be cognisable and compoundable.
- Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (V of 1898), every offence under this Act shall be cognizable, and every such offence may, with the permission of the court, be compounded.
### 8. Saving of Act XXII of 1955 and other laws.
- The provisions of this Act shall not be taken to be in derogation of any of the provisions of the Untouchability (Offences) Act, 1955, or of any other law for the time being in force relating to any of the matters dealt within this Act.
|
65bad5f0ab84c7eca86ec949 | acts |
State of Jharkhand - Act
--------------------------
Bihar Debt Relief Act, 1976
-----------------------------
JHARKHAND
India
Bihar Debt Relief Act, 1976
=============================
Act 10 of 1977
----------------
* Published on 22 January 1977
* Commenced on 22 January 1977
Bihar Debt Relief Act, 1976
Act
10 of 1977
Published in Bihar Gazette, (Extraordinary) No. 131, dated 22nd January, 1977.
An Act to provide for relief from indebtedness to the small and marginal farmers, rural artisans and agricultural labourers.
Be it enacted by the Legislature of the State of Bihar in the Twenty Seventh year of Republic of India as follows:-
### 1. Short title and commencement.
(1) This Act may be called the "Bihar Debt Relief Act, 1976".
(2) It shall come into force at once.
### 2. Definitions.
- In this Act unless the context otherwise requires-
(a) "Debt" means all liabilities to a money-lender in cash or kind, secured or unsecured, payable under a decree or order of a Civil Court or otherwise including any transaction which is in substance a debt, and subsisting on the date of the commencement of this Act whether due or not due;
(b) "Scheduled debtor" means a person who is a small farmer, or a marginal farmer, or a rural artisan, or an agricultural labourer, who is ordinarily resident in the State of Bihar;
(c) "Small farmer" means a farmer who owns land measuring not more than two acres of irrigated land or four acres of unirrigated land:
Provided that for a small farmer belonging to any of the Scheduled Tribes the maximum area of land to be owned and cultivated for the purposes of this Act will be four acres of irrigated land or eight acres of unirrigated land;
(d) "Marginal farmer" means a farmer who owns land measuring not more than one acre of irrigated land or two acres of unirrigated land:
Provided that for a marginal farmer belonging to any of the Scheduled Tribes, the maximum area of land to be owned and cultivated for the purposes of this Act will be two acres of irrigated land or four acres of unirrigated land;
(e) "Rural artisan" is 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 ancilliary thereto and also a person who normally earns his livelihood by practising a craft either by his own labour or by the labour of the members of his family in the rural area, and whose annual income does not exceed Rs. 2,400;
(f) "Agricultural labourer" is a person who follows any one or more of the following agricultural operations in the capacity of a labourer on hire or exchange, whether paid in cash in kind or partly in cash and partly in kind and who does not hold more than one acre of irrigated or two acres of unirrigated land and whose annual income does not exceed Rs. 2,400:-
(i) farming including cultivation all tillage of soil etc.,
(ii) dairy farming,
(iii) production, cultivation, growing and harvesting of any horticultural commodity.
(iv) raising of livestock, bees or poultry, and
(v) any practice performed on a farm as incidental to or in conjunction with farm operations (including any forestry or timbering operations) and operations for market and delivery to storage to carriage for transportation of farm production;
(g) "Bank" means-
(i) banking company as defined in the Banking Regulation Act, 1949;
(ii) the State Bank of India constituted under the State Bank of India Act., 1955;
(iii) Subsidiary Bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959;
(iv) a corresponding new Bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970;
(v) the Agricultural Refinance Corporation, constituted under the Agricultural Refinance Corporation Act, 1963;
(vi) the Agricultural Finance Corporation, a Company incorporated under the Companies Act, 1956; and
(vii) any other financial institution notified by the State Government in the Official Gazette as a bank for the purpose of this Act;
(h) "Civil Court" means and includes-
(i) any court exercising jurisdiction under the Provincial Insolvency Act, 1920 (Act V of 1920);
(ii) a Gram cutchery established under the Bihar Panchayat Raj Act, 1947 (Bihar Act VII of 1948);
(iii) a court exercising powers under the Provincial Small Cause Courts Act, 1887 (Act IX of 1887);
(i) "Co-operative Society" means a society registered or deemed to have been registered under the provisions of the \*Bihar and Orissa Cooperative Society Act, 1935 (B. & O. Act VI of 1935); and
(j) "Money lender" means a money-lender as defined in section 2 of the Bihar Money Lenders Act, 1974 (Bihar Act XXII of 1975).
### 3. Discharge of debts of Scheduled debtors and consequences of such discharge.
(1) Notwithstanding anything contained in any other law for the time being in force or in any contract or other instrument having force of law by virtue of any such law and save as otherwise expressly provided by section 5 of this Act, every debt incurred by a Scheduled debtor before the commencement of this Act including the amount of interest, if any, payable on such debt shall be deemed to have been wholly discharged; and-
(a) no such debt due from a Scheduled debtor shall be recoverable from him or from any movable or immovable property belonging to him, nor shall any such property be liable to be attached or sold or be proceeded against in any manner in the execution of any decree or order relating to such debt;
(b) no Civil Court shall entertain any suit or proceeding against a Scheduled debtor for the recovery of such debt or any portion thereof or any interest due thereon:
Provided that where a suit or proceeding is instituted jointly against a Scheduled debtor and any other person, nothing in this Clause shall apply to the maintainability of a suit or proceeding so far as it relates to such other person;
(c) all suits and proceedings (including appeals, revision proceeding in execution and attachment), pending on the date of commencement of this Act for the recovery of any such debt or interest due thereon against a Scheduled debtor shall abate:
Provided that where a suit or proceeding is pending jointly against a Scheduled debtor and any other person it shall not abate in so far as the claim against such other person is concerned:
Provided further that if a sale in an execution proceeding against a Scheduled debtor has been confirmed before the commencement of this Act a proceeding to give effect to the sale shall be neither barred nor shall it abate.
(d) every Scheduled debtor undergoing detention in a civil prison in execution of any decree for money passed against him by a Civil Court in respect of any such debt shall be released; and
(e) every property pledged by a Scheduled debtor shall on the commencement of this Act stand released in favour of such debtor, and the creditor shall be bound to return the same to the debtor forthwith.
(2) Nothing in this section shall be construed to entitle any Scheduled debtor for refund of any part of a debt already repaid by him or recovered from him before the commencement of this Act.
(3) The State Government if it considers necessary for the purpose of liquidation of rural indebtedness in stages may from time to time, by notification in the Official Gazette, impose a moratorium on debts or scale down debts in favour of persons other than the Scheduled debtors and may prescribe by rules procedure for scaling down of such debts in favour of such persons.
### 4. Agreement for working as labourer in lieu of debt to be void.
- An agreement, whether entered into before or after the commencement of this Act where under a Scheduled debtor or any member of his family is required to work as a labourer or otherwise in lieu of a debt shall be void and any such custom or tradition shall cease to prevail.
### 5. Certain debts and liabilities not to be affected.
- Nothing in this Act shall affect debts and liabilities of any Scheduled debtor under the following heads, namely:-
(a) any liability in respect of maintenance whether under a decree of court or not;\*
(b) any debt due to-
(i) the Central Government or any State Government;
(ii) any Local authority;
(iii) any bank as defined in clause (g) of section 2;
(iv) the Agricultural Refinance Corporation Limited, a Company incorporated under the Refinance Corporation Act, 1963.
(v) any rent due in respect of any property let out to a debtor;
(vi) any liability arising out of breach of trust or any torturous liability;
(vii) any liability in respect of wages or remuneration due as salary or otherwise for services rendered;
(viii) any debt which represents the price of goods purchased by a debtor; and
(ix) any other financial institution as may be notified by the State Government in the Official Gazette.
### 6. Penalties.
- If any person wilfully contravenes any provision of this Act, or of any rule made thereunder or fails to comply with any lawful order made thereunder or contravenes any such order, such person shall be punished with imprisonment of either description which may extend to two years or with fine which may extend to two thousand rupees or with both:
Provided that no court shall take cognizance of any offence under this section except with the previous sanction of the Collector of the district.
### 7. Power of State Government to make rules.
- The State Government may make rules, not inconsistent with the provisions of this Act to carry out all or any of the purposes of this Act.
### 8. Power to remove difficulties.
- If within three years from the date of commencement of this Act any difficulty arises in giving effect to the provisions of this Act the State Government may, as occasion may require, by order do anything not inconsistent with the provisions of this Act which appears to them necessary for the purposes of removing the difficulty.
### 9. Repeal and Saving.
(1) The Bihar Scheduled Castes, Scheduled Tribes, Backward Classes (Annexure 1) and Denotified Tribes, Debt Relief Act, 1974 (Bihar Act XX of 1975) and Bihar Debt Relief Ordinance, 1976 (Bihar Ordinance no. 211 of 1976) are hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken in the exercise of any power conferred by or under the said Act and Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act as if this Act was in force on the day on which such thing was done or such action was taken.
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65ba7cedab84c7eca86eba3d | acts |
Union of India - Act
----------------------
The Imperial Library (Indentures Validation) Repeal Act, 2002
---------------------------------------------------------------
UNION OF INDIA
India
The Imperial Library (Indentures Validation) Repeal Act, 2002
===============================================================
Act 53 of 2002
----------------
* Published on 9 December 2002
* Commenced on 9 December 2002
The Imperial Library (Indentures Validation) Repeal Act, 2002 Act
NO. 53 OF 2002
### 1160. [9th December, 2002]
An Act to repeal the Imperial Library (Indentures Validation) Act, 1902.
BE it enacted by Parliament in the Fifty-third year of the Republic of India as follows:-
### 1. Short title.
-This Act may be called the Imperial Library (Indentures Validation) Repeal Act, 2002.
Repeal of Act 1 of 1902. 2. Repeal of Act 1 of 1902.
-The Imperial Library (Indentures Validation) Act, 1902 is hereby repealed.
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65b93a14ab84c7eca86e8a91 | acts |
State of Odisha - Act
-----------------------
The Orissa Irrigation (Revival of Rules Relating to Compulsory Basic Water-Rate) Rules, 1974
----------------------------------------------------------------------------------------------
ODISHA
India
The Orissa Irrigation (Revival of Rules Relating to Compulsory Basic Water-Rate) Rules, 1974
==============================================================================================
Rule THE-ORISSA-IRRIGATION-REVIVAL-OF-RULES-RELATING-TO-COMPULSORY-BASIC-WATER-RATE-RULES-1974 of 1974
--------------------------------------------------------------------------------------------------------
* Published on 31 October 1974
* Commenced on 31 October 1974
The Orissa Irrigation (Revival of Rules Relating to Compulsory Basic Water-Rate) Rules, 1974
Published vide Notification S.R.O. 786/74, dated 31st October, 1974, Orissa Gazette Extraordinary No. 1668/1.11.1974
Notification No. S.R.O. 786/74, dated 31st October, 1974. - In exercise of the powers conferred by Section 53 of the Orissa Irrigation Act, 1959 (Orissa Act 14 of 1959), the State Government do hereby make the following rules the same having been previously published as required by Sub-section (1) of the said section, namely :
### 1. Short title.
- These rules may be called the Orissa Irrigation (Revival of Rules relating to Compulsory Basic Water-Rate) Rules, 1974.
### 2. Revival of certain rules.
- It is hereby declared that the provisions contained in the Orissa Irrigation Rules, 1961 including the Schedule appended thereto and Forms prescribed thereunder, in so far as they relate to Compulsory Basic Water-rate which had become inoperative shall subject to the provisions contained in the proviso to Section 53 of the Orissa Irrigation Act, 1959 revive and become operative with the modification specified thereunder.
Modification
In the said rules, in Part-A of the Schedule for the figures "4", "3", "2" and "1" occurring under the heading "Rate per acre per year" the figures "8", "6", "4" and "2" shall be respectively substituted.
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65b9a82aab84c7eca86e98f6 | acts |
State of Haryana - Act
------------------------
The Medical College Rohtak Act, 1978
--------------------------------------
HARYANA
India
The Medical College Rohtak Act, 1978
======================================
Act 2 of 1979
---------------
* Published on 9 January 1979
* Commenced on 9 January 1979
The Medical College Rohtak Act, 1978
Haryana Act
No. 2 of 1979
Received the assent of the Governor of Haryana on the 9th January, 1979, and first published in Haryana Government Gazette (Extraordinary) Legislative Supplement Part-I of January 10, 1979.
An Act to provide for the management of the Medical College, Rohtak and matters connected therewith and ancillary thereto.
Be it enacted by the Legislature of the State of Haryana in the Twentyninth Year of the Republic of India as follows :-
### 1. Short title.
- This Act may be called the Medical College Rohtak Act, 1978.
### 2. Definitions.
- In this Act, unless the context otherwise requires -
(a) "Chairman" means the Chairman of the Governing Body;
(b) "Governing Body" means the Governing Body of the Medical College, Rohtak;
(c) "Government" means the State Government of Haryana;
(d) "Medical College" means the Medical College, Rohtak and includes all hostels attached to it, the Medical College, Hospital and its attached Nursing Hostels, Nursing School of Medical College Hospital, School of Pharmacy, Primary Health Centres located at Dighal, Tehsil Jhajjar and Kathura, District Sonepat and sub-centres at present attached to the said Primary Health Centres, Civil Dispensary and Female Dispensary at Beri and Chittranjan Mobile Hospital and such other institutions as may be attached to the Medical College from time tome time;
(e) "regulation" means a regulation made by the Governing Body;
(f) "rule" means a rule made by the Government;
(g) "teacher" includes Registrar, Lecturer, Reader, Assistant Professor, Associate Professor and Professor;
(h) "University" means the Maharashi Dayanand University, Rohtak established under the Maharshi Dayanand University Act, 1975 (Haryana Act 25 of 1975).
### 3. Management of Medical College.
(1) The Medical College shall be managed through a Governing body to be constituted by the Government.
(2) The University shall be duly represented on the Governing Body.
### 4. Powers and functions of Governing Body.
- The Governing Body shall have the following powers and functions :-
(a) to hold, control and administer the revenue, property and funds of the Medical College;
(b) to frame the budget of the Medical College for the approval of the Government;
(c) to administer funds placed at the disposal of the Medical College;
(d) to make appointments to various non-teaching posts in the Medical College on the recommendation of an Establishment Committee, which shall be constituted by the Governing Body from amongst its members and such other person or persons as the Governing Body may deem fit to associate;
(e) to make appointments against teaching posts in the Medical College on the recommendations of a Selection Committee which shall be constituted in accordance with the provisions of this Act;
(f) to make ad hoc appointments against teaching or non-teaching posts pending regular appointments through the Establishment Committee or the Selection Committee, as the case may be;
(g) to make rules regulating the recruitment and the conditions of service of persons appointed to all services and posts in connection with the affairs of the Medical College;
(h) to accept transfer of any moveable or immovable property on behalf of the Medical College;
(i) to provide buildings, premises, furniture and other means needed for carrying on the work of the Medical College;
(j) to enter into, vary, carry out and cancel contracts on behalf of the Medical College;
(k) to frame regulations for the management of the Medical College :
Provided that regulations concerning conditions of service of the employees shall require previous approval of the Government; and
(l) to constitute sub-committees and to delegate any powers or assign any function to any such sub-committee or to any functionary of the Medical College or of the University :
Provided that if, in the opinion of the Chairman, it is expedient to take a certain action, he shall take such action as he deems necessary and shall report the same for confirmation at the next succeeding meeting of the Governing Body :
Provided further that if the action taken by the Chairman, is not approved by the Governing Body, he shall refer the matter to the Government whose decision thereon shall be final.
### 5. Constitution of Selection Committee.
- The Selection Committee for recruitment to teaching posts shall be constituted as follows :-
(1) the Chairman of the Governing Body or his nominee who shall be Chairman of the Selection Committee;
(2) Principal of the Medical College;
(3) the Head of the department concerned;
(4) one of the representatives of the University on the Governing Body;
(5) one or more experts to be nominated by the Governing Body from out of a panel available with the Academic Council of the University :
Provided that where the recruitment is to be made to the post of Principal of the Medical College, the Selection Committee shall also include a person to be nominated by the Government.
### 6. Powers of Government.
- The Government shall have the power, -
(a) to issue general directives as regards policy matters concerning financial and general administration of the Medical College including number and reservation of seats in the Medical College;
(b) to hear appeals against the decision of the Governing Body in disciplinary matters relating to the employees of the Medical College.
### 7. Maintenance and audit of accounts.
(1) The Governing Body shall maintain proper accounts and other relevant records and prepare an annual statement of accounts including the balance sheet in such form as the Government may, by rules, prescribe, and in accordance with such general directions as may be issued from time to time.
(2) The accounts of the Medical College shall be audited by the Examiner, Local Fund Accounts, Haryana.
### 8. Transfer of service of existing employees.
- Subject to the provisions of this Act, every person who was employed in the Medical College immediately before 29th November, 1978, shall on and from the commencement of this Act, become an employee of the Government and shall hold his office or service therein by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held if this Act had not been enacted, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered :
Provided that the tenure, remuneration and terms and conditions of service of any such person shall not be altered to his disadvantage without the previous approval of the Government.
### 9. Effect of contracts etc.
- All contracts, deeds, bonds, agreements, powers of attorney, grants of legal representation and other instruments of whatever nature, subsisting or having effect immediately before the commencement of this Act, and to which the University or any person on behalf of the University shall, in so far as they relate to any purpose, or affairs, of the Medical College, be of as full force and effect against, or in favour of, the Government, and may be enforced or acted upon as fully and effectively as if in place of the University, the Government had been a party thereto or as if they had been made in favour of the Government.
### 10. Effect on pending matters.
(1) If, on the coming into force of this Act, any suit, appeal or other proceeding of whatever nature in relation to the Medical College or any of its affairs is pending by, or against, the University or any other person, the same shall not abate, be discontinued or be, in any way, prejudicially affected by reason of the transfer of the Medical College to the Government, but such suit, appeal or other proceeding may be continued, prosecuted and enforced by or against the Government.
(2) All disciplinary matters pending on the commencement of this Act shall stand transferred to the Governing Body and the same shall be disposed of by the Governing Body in accordance with the rules applicable to the employee concerned.
### 11. Removal of difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by a notified order, not inconsistent with the provisions of this Act, remove the difficulty.
### 12. Power to make rules.
(1) Government may, by notification, make rules to carry out the provisions of this Act.
(2) Every rule made under this section shall be laid, as soon as may be after it is made, before 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 session immediately following, the House agrees in making any modification in the rule or the House agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of any thing previously done under that rule.
### 13. Repeal.
- The Medical College (Taking over of Management) Ordinance, 1978 (Haryana Ordinance No. 3 of 1978), is hereby repealed.
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65ba51daab84c7eca86eaf0f | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Recognised Private Schools (Regulation) Act, 1973
--------------------------------------------------------------
TAMILNADU
India
Tamil Nadu Recognised Private Schools (Regulation) Act, 1973
==============================================================
Act 29 of 1974
----------------
* Published on 20 June 1974
* Commenced on 20 June 1974
Tamil Nadu Recognised Private Schools (Regulation) Act, 1973
(Tamil Nadu Act
29 of 1974
)
Statement of Objects and Reasons - Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act
29 of 1974
). - There is at present no law in force in this State to regulate the service conditions of teaching and non-teaching staff in private schools. The Committee appointed by Government to go into the various questions relating to aided elementary and secondary schools in the Slate including service conditions of teachers, has recommended that legislation be undertaken for the purpose and that rules relating to managing bodies, conditions of recognition, appointment of teachers, their service conditions, should be statutory and other rules relating to aid and code of conduct or teachers may be non-statutory.
2. It is accordingly proposed to regulate by legislation the establishment and running of recognised private schools.
3. The Bill seeks to regulate the establishment, management and control of private schools and provides for the regulation of the conditions of service of teachers and other persons employed in private schools. Schools maintained by the Central Government or any State Government or local authority or maintained or approved by, or affiliated to, any University established by law or giving, providing or imparting religious instruction, are excluded from the scope of the Bill. Provision has been made for the establishment and management of schools only with the permission of the competent authority and in accordance with the terms and conditions specified in such permission. The Bill also provides for the payment of an application fee and the refund of a portion of the application fee in the event of refusal of permission. Special provision has also been made for minority schools so as to be in conformity with clause (1) of Article 30 of the Constitution. Provision has been made for the constitution, functions and meeting of the managing bodies of private schools. The closure of a private school or a class in a private school without a notice in writing to the competent authority and without satisfying the competent authority that adequate arrangements have been made for the continuance of the instruction of the pupils of the private school or the class, is prohibited. The managing bodies of private schools are required to furnish annually to the competent authority a list of properties of private schools. Provision seeking to impose restrictions on the transfer of properties of private schools has also been made. The Bill contains a provision for taking over by the competent authority of the management of private schools in the event of their mismanagement. The period for which the school may be taken over cannot exceed five years in the aggregate.
4. The Bill also provides for the audit of the accounts by such authority, officer or person, as may be prescribed. Provision has also been made for inspection of private schools and issue of directions to carry out the results of inspection and also for the giving of directions for the management of private schools.
Published in Part IV - Section 3 of title Tamil Nadu Government Gazette Extraordinary, dated the 10th August 1972.
Statement of Objects and Reasons - Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1979 (Tamil Nadu Act 6 of 1980). - Section 33(2) of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act
29 of 1974
) provides inter alia for investing or depositing the funds of a private school in any corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970) or Post Office Savings Bank. Rule 9(2) (c) of the Tamil Nadu Recognised Private Schools (Regulation) Rules, 1974 also provides for the creation of the endowment in the name of the private school in fixed deposits for a period of not less than seven years with Tamil Nadu Industrial Investment Corporation, Madras or the Tamil Nadu Industrial Co-operative Bank Limited or the Tamil Nadu State Cooperative Bank or the Madras Central Co-operative Bank, Madras or in any corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970).
2. On the representation of the State Bank of India, Madras for permitting them to handle the endowments of private schools, by including their bank in the Act, it has been decided to amend the Tamil Nadu Act
29 of 1974
so as to enable the State Bank of India and its subsidiary banks to act as the approved bankers for the investment of funds, etc., by the private schools as obtaining in the case of private colleges under the Tamil Nadu Private Colleges (Regulation) Act, 1976 (President's Act
19 of 1976
).
3. The Bill seeks to give effect to the above decision.
Published in Part IV - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the nth November 1979.
Statement of Objects and Reasons - Tamil Nadu Private Colleges (Regulation) and the Private Schools (Regulation) Amendment Act, 1982 (Tamil Nadu Act 48 of 1982). - It has been brought to the notice of the Government that the managements of some of the privateschools and private colleges indulge in maladministration in the affairs of such educational institutions which adversely affect the imparting of education in these institutions. Reports have also been received by Government that some of the managements have closed down the classes and courses of instructions with the ultimate aim of closing down the educational institutions in violation of the provisions of the Acts and rules applicable to such institutions. The above irregular closure of the classes and courses of instructions cause undue hardship to the teachers employed in these institutions and the students. Such educational institutions which are maladministered cannot be allowed to fall below the standards of excellence expected of these educational institutions or to decline to follow the general pattern.
2. The Government are of the view that the provisions contained in the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act
29 of 1974
) and the Tamil Nadu Private Colleges (Regulation) Act, 1976 (President's Act
19 of 1976
) are not adequate to proceed against such managements indulging in maladministration and committing irregularities, lapses and violation of the provisions of the Acts aforesaid and the rules made thereunder. The Government, therefore, consider it necessary to take regulatory measures in the interest of education and maintaining educational standards.
3. It has, accordingly, been decided to amend the aforesaid Acts empowering the Government to suspend the management where the management is responsible for maladministration, lapses or irregularities or where it has neglected to discharge any of the duties imposed or to perform any of the functions entrusted to it by or under the Act or any rule or order made or directions issued thereunder after giving an opportunity to make representation by such management and to appoint a special officer to administer the institution for a period of one year or till the reconstitution of the management whichever is later. However, it has been specifically provided that in no case the maximum period of such suspension of management shall exceed two years irrespective of the constitution of the management. Power is also taken by the Government to issue a direction to the management for taking action against the manager by the management where the Government are satisfied that the manager alone is responsible for the lapses or irregularities of these educational institutions. Provision has been made empowering the Government, for reasons to be recorded in writing, to declare a person to be unlit to be the manager of an educational institution after giving him an opportunity to make his representation. Provision is also made enabling the management to prefer an appeal to a Special Tribunal consisting of two Judges of the Court, nominated by the Chief Justice in that behalf. Opportunity has also been availed of to amend section 30(3) of the Tamil Nadu Private Colleges (Regulation) Act, 1976, so as to reduce the maximum period of taking over the management of any private college from ten years to six years. Certain other consequential amendments have also been made. It is also proposed to give retrospective effect to the provisions of the proposed Act on and from the 1st June 1981 (i.e.,) one year before the commencement of the current academic year.
4. The Bill seeks to achieve the above objects.
Published in Part IV - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 6th September 1982.
Statement of Objects and Reasons - The Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Amendment Act, 1986 (Tamil Nadu Act 50 of l986). - Sub-section (1) of section 29 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act
29 of 1974
) provides that no private school and no class and no course of instruction therein in a private school shall be closed without a notice in writing having been given to the competent authority and without making such arrangements as may be prescribed for the continuance of the instruction of the pupils of private school or the class or the course of instruction, as the case may be, for the period of study for which the pupils have been admitted.
2. Sub-section (1) of section 25 of the Tamil Nadu Private Colleges (Regulation) Act, 1976 (President's Act
19 of 1976
), provides that no private college and no class and no course of instruction therein in a private college shall be closed without a notice in writing having been given to the competent authority and without making such arrangements as may be prescribed for the continuance of the instruction of the students of the private college or the class or the course of instruction, as the case may be, for the period of study for which the students have been admitted.
3. It has been brought to the notice of the Government that certain managements of private colleges, have given notice of their intention to close down certain courses of instructions all of a sudden for some reason or other and without waiting for the permission of the competent authority. Consequently, this action of the managements of the private colleges causes undue hardship to the teachers employed in those college and also to the students who like to study such courses in future. The present provisions of the said two Acts, do not contain specific provision to the effect that only after obtaining the prior permission of the competent authority, a private college or a private school or class or course of instruction shall be closed. The Government, therefore, consider it necessary to take regulatory measure in the interest of education and to maintain continuity of educational facility for the students of private colleges and pupils of private schools.
4. It has accordingly been decided to amend the aforesaid Acts so as to provide that prior approval of the competent authority shall be obtained, before closure of any private college or school including the minority college or school or class or course of instruction therein. It is also proposed to provide that the approval sought for shall be refused only on the grounds specified in the respective Act, as proposed to be amended and that where the prior approval is refused, the management of the private college or private school concerned, shall continue to run the educational institution and conduct the course or class. It is also proposed to make provision providing for appeals by the managements concerned, against the orders of the competent authorities in case of refusal of approval.
5. The 'Bill seeks to achieve the above objects.
Published in the Part IV - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 6th March 1984.
The Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act
29 of 1974
), provides for the regulation of recognised private schools in the State. At the time of enactment of the said Act, the scheme for higher secondary education was not in vogue in the State. Now, it has been decided to include specifically the higher secondary schools within the definition of private school so that the said Act may be specifically applied to regulate the private higher secondary schools also. Further, in the light of the experience gained in the working of the said Act, it has also been decided to make some other changes in the said Act and in particular to the provisions relating to the giving of grant or other financial assistance to private schools governed by the said Act.
2. The Bill seeks to give effect to the above decisions.
Statement of Objects and Reasons - Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1995 (Tamil Nadu Act 16 of 1995). - According to sub-section (1) of section 15 of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act
29 of 1974
), every private school shall have a duly constituted school committee to carry on the general administration of the private school excluding the properties and funds of the private school and to perform the other functions of the school committee under the said Act. It has been considered that in cases where a company or corporation owned or controlled by the Central or State Government is an educational agency and such educational agency has established and administering or maintaining more than one private school, such private schools may, with the prior permission of the competent authority, have a common school committee for the purposes aforesaid. The Government have decided to amend section 15 of the said Act suitably for the above purpose.
2. The Bill seeks to give effect to the above decision.
Published in Part IV - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 5th May 1995.
Statement of Objects and Reasons - The Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1998 (Tamil Nadu Act 11 of 1999). - The Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act
29 of 1974
) provides for the regulation of the private schools in the State. At present, the policy of the Government is to continue to pay grant to the private schools receiving grant from the Government before the date of the commencement of the academic year 1991-92 and not to pay the grant to new private schools established and new class and course of instructions opened in any existing private schools after the commencement of the said academic year. It is proposed to give statutory protection to the above policy of the Government. It is also proposed to enable the Government to exempt any person or class of persons from possessing the qualification relating to age and experience for appointment as teacher subject to certain conditions.
2. The Bill seeks to give effect to the above decision.
Published in Part IV - Section 2 of the Tamil Nadu Government Gazette Extraordinary, dated the 28th May 1998.
Statement of Objects and Reasons - The Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1987 (Tamil Nadu Act 11 of 1999). - The Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act
29 of 1974
) provides for the regulation of the private schools in the State. After careful consideration and review of the functioning of private schools including minority schools in the State and after due consideration of the various judicial pronouncements made by the High Court, Madras and the Supreme Court, the Government are of the view that the minorities should be given due guarantee to establish and administer educational institutions as envisaged under Article 30(1) of the Constitution. The Government consider that the existing provisions in the said Act are inadequate to regulate the proper functioning of the minority schools recognised under the said Act and receiving grant from the Government.
2. The High Court, Madras and the Supreme Court have observed that the right to establish and administer the minority schools, as guaranteed under Article 30(1) of the Constitution cannot be interpreted as a right to mal-administration. The Supreme Court, in All Bihar Christian Schools Association v. State of Bihar (AIR 1988 SC 305), has held that it is well within the competence of the State Legislature to make regulatory provisions which seek to secure excellence in education and efficiency in management of minority institutions. Further equity demands uniform treatment of all private schools to ensure proper standards of education and to provide security of service to teachers. It has, therefore, become necessary to make suitable regulatory provisions in this regard.
3. The Government consider that the thrust should be more to realise the object of universalisation of elementary education enshrined in the Constitution of India. Therefore, the Government would be spending more to make the illiterates literates, and to bring in more non-starters and drop-outs to the formal school education system. As the Government find it difficult to provide grant to the new schools or new courses of instruction to be started in the existing private schools with the available resources, it has been decided not to pay grant to such new schools or to new courses of instruction to be started in the existing private schools.
4. To achieve the above objects, the Government have decided to amend the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 (Tamil Nadu Act
29 of 1974
) suitably.
5. The Bill seeks to give effect to the above decision.
Published in Part IV - Section 1 of the Tamil Nadu Government Gazette Extraordinary, dated the 28th May 1998.
Received the assent of the President on the 20th June 1974, published in the Tamil Nadu Government Gazette Extraordinary, dated the 24th June 1974.
An Act to provide for the regulation of recognised private schools in the State of Tamil Nadu.
Be it enacted by the Legislature of the State of Tamil Nadu in the Twenty-fourth Year of the Republic of India as follows: -
Chapter I
Preliminary
--------------------------
### 1. Short title, extent, application and commencement.
(1) This Act may be called the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It applies to all private schools.
(4) It shall come into force on such [date]
[The Act came into force on the 1st day of December 1974.]
as the Government may, by notification, appoint.
### 2. Definitions.
- In this Act, unless the context otherwise requires -
(1) "academic year" means the year commencing on the First day of January or June;
(2) "competent authority" means any authority, officer or person authorised by the Government, by notification, to perform the functions of the competent authority under this Act for such area or in relation to such class of private schools, as may be specified in the notification;
(3) "educational agency" in relation to -
(a) any minority school, means any person who, or body of persons which, has established and is administering or proposes to establish and administer such minority school; and
(b) any other private school, means any person or body of persons permitted or deemed to be permitted under this Act to establish and maintain such other private school;
(4) "Government" means the State Government;
(5) "grant" means any sum of money paid as aid out of State Funds to any private school;
(6) "minority school" means a private school or its choice established and administered, [xxx]
[The words 'or administered' were omitted by Tamil Nadu Recoginsed Private School (Regulation) Amendment Act, 1987 (Tamil Nadu Act of 39 of 1987).]
by any such minority whether based on religion or language as has the right to do so under clause (1) of Article 30 of the Constitution;
(7) [ "private school" means a pre-primary, primary, middle or high school or higher secondary school or teacher training institution imparting education or training, whether receiving grant from the Government or not; established and administered or maintained by any person or body of persons, and recognised by the competent authority under this Act but does not include a school or an institution -
[Substituted by Tamil Nadu Recoginsed Private School (Regulation) Amendment Act, 1999 (Tamil Nadu Act of 11 of 1999).]
(a) imparting technical or professional education;
(b) established and administered or maintained by the Central Government or the State Government or any local authority;
(c) maintained or approved by, or affiliated to, any University established by law; or
(d) giving, providing or imparting religious instruction alone, but not any other instruction.]
(8) "school committee", in relation to a private school, means' the school committee constituted under section 15;
(9) "secretary", in relation to a private school, means the secretary referred to in section 16;
(10) "Tribunal" means a Tribunal constituted under section 42 and having jurisdiction.
Chapter II
Establishment, Permission for Establishment and Management of Private Schools
---------------------------------------------------------------------------------------------
### 3. Power of Government to regulate school education.
- The Government may regulate the different stages of education and courses of instruction in private schools.
### 4. New private school to obtain permission.
- Save as otherwise expressly provided in this Act, no person shall, without the permission of the competent authority and except in accordance with the terms and conditions specified in such permission, establish on or after the date of the commencement of this Act, any private school.
### 5. Application for permission and sending of statement.
(1) The educational agency of every private school proposed to be established on or after the date of the commencement of this Act shall make an application to the competent authority for permission to establish such school.
(2) Every such application shall -
(a) be in the prescribed form;
(b) be accompanied by such fee not exceeding [one thousand rupees]
[The words 'one thousand rupees' was substituted, for the words 'one hundred rupees' by Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1999.]
as may be prescribed; and
(c) contain the following particulars, namely: -
(i) the name of the private school and the name and address of the educational agency;
(ii) the need for the private school in the locality;
(iii) the course for which such private school proposes to prepare, train or guide its pupils for appearing at any examination conducted by, or under the authority of the Government;
[(iii-a) the extent of the playground available to people and the adequacy of the playground with reference to the strength of the pupils in the school;]
[Inserted tni Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1987 (Tamil Nadu Act 39 of 1987).]
(iv) the amenities available to pupils and teachers;
(v) the equipment, laboratory, library and other facilities for instruction;
(vi) the sources of income to ensure the financial stability of the private school;
(vii) the situation and the description of the buildings in which such private school is proposed to be established; and
(viii) such other particulars as may be prescribed.
(3) [Omitted by Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1987 (Tamil Nadu Act 39 of 1987).]
permission followed with recognition and without permission, no school can be established. If schools are allowed to be established without any permission and recognition, the object of regulating the establishment, management and control of private schools will be defeated.
### 5A. [ Application for permission in respect of existing higher secondary schools.
[Inserted by Tamil Nadu Recognised Priimte Schools (Regulation) Amendment Act, 1987 (Tamil Nadu Act 39 of 1987).]
(1) The educational agency of every higher secondary school which is a private school and in existence on the date of publication of the Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1987 (Tamil Nadu Act 39 of 1987), in the Tamil Nadu Government Gazette, shall, before the expiry of six months from that date, make an application to the competent authority for permission to continue to run such school.
(2) Every such application shall -
(a) be in the prescribed form;
(b) be accompanied by such fee not exceeding one hundred rupees as may be prescribed; and
(c) contain the following particulars, namely: -
(i) the name of the higher secondary school and the name and address of the educational agency;
(ii) the need for the continuance of such higher secondary school in the locality;
(iii) the course for which such higher secondary school prepares, trains or guides its pupils for appearing at any examination conducted by, or under the authority of the Government;
(iv) the extent of the playground available to pupils and the adequacy of the playground with reference to the strength of the pupils in the school;
(v) the amenities available to pupils and teachers;
(vi) the equipment, laboratory, library and other facilities for instruction;
(vii) the sources of income to ensure the financial stability of the higher secondary school;
(viii) the situation and the description of the buildings in which such higher secondary school is being run; and
(ix) such other particulars as may be prescribed.]
### 6. Grant of permission.
- On receipt of an application under sub-section (1) of section 5, [or sub-section (1) of section 5-A, as the case maybe,]
[Substituted by Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1987 (Tamil Nadu Act 39 of 1987).]
the competent authority -
(a) may, after considering the particulars contained in such application, grant or refuse to grant the permission; and
(b) shall communicate its decision to the applicant within a period of four months from the date of such receipt:
Provided that the permission shall not be refused under the section unless the applicant has been given an opportunity of making his representations:
Provided further that in case of refusal of the permission the applicant shall be entitled to refund of one-half of the amount or the fee accompanying the application.
### 7. Permission deemed to be granted in certain cases.
- [Omitted by Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1987 (Tamil Nadu Act 39 of 1987).]
### 8. Approval of transfer of permission.
(1) (a)
Whenever there is any change in the constitution of the educational agency that agency shall apply to the competent authority for approval of such change.
(b) Whenever the management of any private school is proposed to be transferred, the educational agency and the person to whom the management is proposed to be transferred may, before such transfer, apply jointly to the competent authority for approval of the transfer.
(c) On any transfer of the management of private school, without approval having been obtained for such transfer under clause (b), the transferee shall, if he desires to run it as such, apply to the competent authority within three months of the date of the transfer, for approval of the transfer.
(d) An application under clause (a), clause (b) or clause (c) shall be in such form and contain such particulars as may be prescribed.
(2) On receipt of an application under sub-section (1), the competent authority shall -
(a) if it is satisfied, after making such inquiry as it deems fit, that the educational agency will continue to maintain and manage or, as the case may be, that the transferee will maintain and manage, the private school, in accordance with the provisions of this Act and the rules made thereunder, approve the change or, as the case may be, the transfer, subject to such conditions as it may impose; and
(b) communicate its decision to the applicant within period of three months from the date of such receipt.
### 9. Minority school to be established without permission.
- Any minority whether based on religion or language may establish and administer any private school without permission under section 6.
### 10. Minority school to send statement.
(1) [Omitted by Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1987 (Tamil Nadu Act 39 of 1987).]
(2) Every minority school established and administered after the date of commencement of this Act shall send to the competent authority a statement containing particulars specified in clause (c) of sub-section (2) of section 5 within such time as may be prescribed.
### 10A. [ Higher secondary school which is a minority school to send statement.
[Inserted by Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 19S7 (Tamil Nadu Act 39 of 1987).]
- The educational agency of every higher secondary school which is a minority school in existence, immediately before the date of publication of the Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1987, in the Tamil Nadu Government Gazette, shall send to the competent authority, a statement containing the particulars specified in clause (c) of sub-section (2) of section 5 within such period as may be prescribed.]
Chapter III
Recognition of Private School
----------------------------------------------
### 11. Recognition of private school.
(1) On receipt of an application by -
(a) any private school in respect of which permission has been or is deemed to have been granted under section 6; or
(b) any minority school; the competent authority may, after satisfying itself, that proper arrangements have been made for the maintenance of academic standard in the school, that the provisions of this Act-are complied with and that the prescribed conditions have been satisfied grant a certificate, recognising the private school for the purposes of this Act.
(2) The certificate under sub-section (1) shall be granted within such period as may be prescribed.
### 11A. [ Additional factors to be taken into account for recognition of private schools.
[Inserted by Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1987 (Tamil Nadu Act 39 of 1987).]
- The competent authority shall, before passing orders on an application for recognition under section 11, also take into consideration, -
(a) the adequacy of schools already existing in the locality;
(b) the need for the private school in the locality;
(c) the number of pupils studying in such school;
(d) the extent of the playground available to pupils and the adequacy of the playground with reference to the strength of the pupils in the school;
(e) the amenities available to pupils and teachers;
(f) the equipment, laboratory, library and other facilities for instruction; and
(g) such other factors as may be prescribed.]
### 12. Withdrawal of recognition by competent authority.
(1) The competent authority may withdraw permanently or for any specified period the recognition of any private school -
(i) which does not comply with any of the provisions of this Act or any rules made or directions issued thereunder insofar as such provisions, rules or directions are applicable to such private school, or
(ii) in respect of which the pay and allowances payable to any teacher or other person employed in such private school are not paid to such teacher or other person in accordance with the provisions of this Act or the rules made thereunder; or
(iii) which contravenes or fails to comply with any such conditions as may be prescribed.
(2) Before withdrawing the recognition under sub-section (1), the competent authority shall give the educational agency an opportunity of making its representation.
(3) [ The competent authority, on withdrawal of the recognition of a private school under sub-section (1), shall make necessary arrangements for the continuance of the instruction of the pupils of the said private school in other recognised private schools.]
[Added by Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1999 (Tamil Nadu Act 11 of 1999).]
### 13. Effect of withdrawal of recognition.
- Any private school, the recognition of which has been withdrawn shall not be entitled to -
(i) receive any grant or other financial assistance from the Government; or
(ii) prepare, train or guide pupils for appearing at any examination conducted by, or under the authority of the Government.
### 14. Payment of grant.
- [(1) Subject to such rules as may be prescribed, the Government may continue to pay grant to the private school receiving grant from the Government, before the date of commencement of the academic year 1991-1992 at such rate and for such purposes as may be prescribed.
Explanation. - For the purposes of this sub-section, private school receiving grant from the Government shall also include a private school receiving grant from the Government only in respect of any class or course of instruction.]
[Sub-section (1) was substituted by Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1999 (Tamil Nadu Act 11 of 1999).]
(2) The Government may withhold permanently or for any specified period the whole or part of any grant referred to in sub-section (1) in respect of any private school, -
(i) which does not comply with any of the provisions of this Act or any rules made or directions issued thereunder insofar as such provisions, rules or directions are applicable to such private school, or
(ii) in respect of which the pay and allowances payable to any teacher or other person employed in such private school are not paid to such teacher or other person in accordance with the provisions of this Act or the rules made thereunder, or
(iii) which contravenes or fails to comply with any such conditions as may be prescribed.
(3) Before withholding the grant under sub-section (2), the Government shall give the educational agency an opportunity of making its representation.
### 14A. [ Grant not payable to new private schools and new class and course of instruction.
[Inserted by Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 7999, with effect from 1991-92 Academic year.]
- Notwithstanding anything contained in this Act or in any other law for the time being in force or in any judgment, decree or order of any court or other authority, no grant shall be paid to, -
(a) any private school established and any class or course of instruction opened in such private school, on or after the date of commencement of the academic year 1991-1992;
(b) any private school in existence on the date of commencement of the academic year 1991-1992 to which no grant has been paid by the Government immediately before the date of such commencement;
(c) any class or course of instruction in a private school in existence on the date of commencement of the academic year 1991-1992 to which no grant has been paid by the Government immediately before the date of such commencement; and
(d) any class or course of instruction opened on or after the date of commencement of the academic year 1991-1992 in a private school in existence on the date of such commencement.
Explanation. - For the purpose of this section, private school includes a minority school.]
Chapter IV
School Committee and its Constitution and Functions
-------------------------------------------------------------------
### 15. Constitution of school committee.
(1) Every private school shall have a duly constituted school committee which shall include the headmaster of the private school and the senior-most teachers employed in the private school as provided in sub-section (2):
[Provided that where an educational agency is a company or corporation owned or controlled by the Central or State Government and such educational agency has established and administering or maintaining more than one private school, such private schools may, with the prior permission of the competent authority, have a common school committee consisting of all headmasters of such private schools and such number of senior-most teachers employed in such private schools as provided in sub-section (2) .]
[Added by Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1995 (Tamil Nadu Act 16 of 1995).]
(2) The number of representative of the teachers on such constituted school committee shall be such as may be prescribed and different number of representatives may be prescribed for different classes of private schools.
### 16. Secretary of the school committee.
(1) Every school committee shall have a secretary who shall exercise such powers and perform such functions as may be prescribed.
(2) Every person holding office as president, secretary, manager or correspondent of a private school or exercising the powers of secretary under this Act on the date of the commencement of this Act shall be deemed to be a secretary under this Act.
### 17. Meetings of the school committee.
(1) The school committee shall meet at such times and places and shall, subject to the provisions of sub-sections (2) and (3), observe such rules of procedure in regard to transaction of business at its meetings (including the quorum at meetings) as may be prescribed:
Provided that the school committee shall meet at least once in every three months.
(2) The president of the school committee or, in his absence, any member chosen by the members present, shall preside at a meeting of the school committee.
(3) All questions at any meeting of the school committee shall be decided by a majority of the vote of the members present and voting and in the case of an equality of votes, the president or, in his absence, the member presiding, shall have and exercise a second or casting vote.
### 18. Functions of the school committee and responsibility of educational agency under the Act.
(1) Subject to the provisions of this Act and the rules made thereunder, the school committee shall have the following functions, namely: -
(a) to carry on the general administration of the private school excluding the properties and funds of the private school;
(b) to appoint teachers and other employees of the private school, fix their pay and allowances and define their duties and the conditions of their service; and
(c) to take disciplinary action against teachers and other employees of the private school.
(2) The educational agency shall be bound by anything done by the school committee in the discharge of the functions of that committee under this Act.
(3) For the purposes of this Act, any decision or action taken by the school committee in respect of any matter over which the school committee has jurisdiction shall be deemed to be the decision or action taken by the educational agency.
[Chapter IV-A]
[Inserted by section 2. of the Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Amendment Act. 1982 (Tamil Nadu Act 48 of 1982).]
Appointment of Special Officer in Certain Cases
### 18A. Appointment of Special Officer in certain cases.
(1) (a)
Where the Government, on receipt of a report from the Director of School Education or otherwise, are satisfied that the management of any private school -
(i) is responsible, whether on or after the date of commencement of the Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Amendment Act, 1982 (Tamil Nadu Act 48 of 1982), for the maladministration, lapses or irregularities of such private school; or
(ii) has neglected whether on or after the date of commencement of the Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Amendment Act, 1982 (Tamil Nadu Act 48 of 1982) to discharge any of the duties imposed on, or to perform any of the functions, entrusted to such management by or under this Act, or any rule or order made or direction issued thereunder, the Government may, after giving to such, management an opportunity to make representation and for reasons to be recorded in writing, by an order, suspend the management and appoint a special officer for a period not exceeding one year or till the reconstitution of the management (in accordance with the law applicable to the reconstitution of such management) whichever is later:
Provided that in no case the maximum period of such suspension of management shall exceed two years irrespective of the reconstitution of the management in accordance with the law applicable to the reconstitution of such management:
Provided further that where the management of any minority school is suspended, the Government shall appoint a special officer belonging to that minority which has been administering the said minority school immediately preceding such suspension.
(b) On the making of an order under clause (a), suspending the management of a private school -
(i) the management shall cease to discharge the duties imposed on, and to perform the functions entrusted to it; and
(A) shall take all such steps as may he necessary to efficiently manage and run the private school in accordance with any law applicable to the private school insofar as such law is not inconsistent with this Act; and
(B) may afford such special educational facilities as were immediately before the making of the order under clause (a), afforded at the private school.
(ii) the special officer -
Explanation. - In item (A) of sub-clause (ii) of clause (b) the expression "law" includes any bye-law, rules, regulation, custom, usage or instrument having the force of law.
(c) Where the Government are satisfied that the manager alone is, whether on or after the date of commencement of the Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Amendment Act, 1982, responsible for the lapses or irregularities of the private school, action shall be taken against him by the management, as recommended by the Government.
(2) The Government may, for reasons to be recorded in writing, by an order declare a person to be unfit to be the manager of private school after giving to such person an opportunity of making his representation against such declaration and under intimation to the management and on such declaration, the person aforesaid shall cease to be the manager of the private school and the management of such private school shall nominate another person as a manager in his place.
(3) For the removal of doubts it is hereby declared that any wilful failure or wilful negligence on the part of a management to take action against the manager as required under clause (c) of sub-section (1) or to nominate another person as manager under sub-section (2) shall constitute an act of mal-administration and action shall be taken against the management of private school under this Act accordingly.
Explanation. - For the purpose of this Chapter -
(a) "management" includes the school committee or any person, body of persons, committee or any other governing body, by whatever name called, in whom the power to manage-or administer the affairs of a private school is vested:
Provided that the Board of Trustees, or the governing body of Wakf Board, by whatever name called, constituted or appointed under any other law for the time being in force relating to the charitable and religious institutions and endowments and wakfs, shall be deemed to be a management for the purposes of this Chapter;
(b) "manager" means the secretary, or, any person holding office as president, manager or correspondent of a private school, who is managing or administering the affairs of such private school;
(c) "private school" includes a minority school.
(4) Sub-sections (1) and (2) shall apply to a minority school, insofar as they are not repugnant to clause (1) of Article 30 of the Constitution.
### 18B. Appeal to Special Tribunal.
(1) Any person aggrieved by an order passed by the Government under section 18-A may, within one month from the date of receipt of such order, prefer an appeal to the Special Tribunal consisting of two Judges of the High Court nominated from time to time by the Chief Justice in that behalf:
Provided that the Special Tribunal may in its discretion allow further time not exceeding one month for the filing of such appeal.
(2) The members of the Special Tribunal shall hear the appeal on all points whether of law or of fact. Where on any such point or points, the members are divided in their opinion they shall state the point or points on which they are so divided and such point or points together with their opinion thereon shall then be laid before one or more judges nominated for the purpose by the Chief Justice and such Judge or Judges shall hear the appeal insofar as it relates to such point or points, and on each such point, the decision of the majority of the Judges who have heard the appeal including those who first heard it shall be deemed to be the decision of the Special Tribunal.
(3) The Special Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act V of 1908) when hearing an appeal.
(4) Every order made by the Special Tribunal under this Act shall be deemed to be a decree of a civil court and shall be executable in the same manner as a decree of such court.
(5) The decision of the Special Tribunal shall be final.
Chapter V
Terms and Conditions of Service of Teachers and Other Persons Employed in Private Schools
--------------------------------------------------------------------------------------------------------
### 19. Qualifications, conditions of service, etc., of teachers and other persons employed in private schools.
- The Government may make rules regulating the number, qualifications and conditions of service (including promotion, pay, allowance, leave, pension, provident fund, insurance and age of retirement and rights as respect disciplinary matters) of the teachers and other persons employed in any private school.
### 20. Appointment of teachers and other employees in private schools.
(1) No person who does not possess the qualifications prescribed under section 19 shall on or after the date of the commencement of this Act, be appointed as teacher or other employee in any private school.
(2) Nothing contained in this section or any rule made thereunder shall apply to any person who, on or before the date of the commencement of this Act is employed as teacher or other employee in any private school.
(3) [ Notwithstanding anything contained in sub-section (1), the Government may by general or special order, whether prospectively or retrospectively, exempt any person or class of persons from possessing the qualifications prescribed under was section 19 relating to age and experience for appointment as teacher or other employee in any private school, subject to such conditions, if any, as may be specified in such order.]
[Added by the Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1999 (Tamil Nadu Act 11 of 1999).]
### 21. Teachers and other persons employed in private schools to be governed by Code of Conduct.
(1) Every teacher and every other person employed in any private school shall be governed by such Code of Conduct as may be prescribed and if any teacher or other person so employed violates any provision of such Code of Conduct, he shall be liable to such disciplinary action as may be prescribed.
(2) The school committee, may define the standards of conduct to be observed by teachers and other persons employed in the private school, such standards not being inconsistent with the provisions of this Act and the rules made thereunder.
### 22. Dismissal, removal or reduction in rank or suspension of teachers or other persons employed in private schools.
(1) Subject to any rule that may be made in this behalf, no teacher or other person employed in any private school shall be dismissed, removed, or reduced in rank nor shall his appointment be otherwise terminated except with the prior approval of the competent authority.
(2) Where the proposal to dismiss, remove or reduce in rank or otherwise terminate the appointment of any teacher or other person employed in any private school is communicated to the competent authority, that authority shall, if it is satisfied that there are adequate and reasonable grounds for such proposal, approve such dismissal, removal, reduction in rank or termination of appointment.
(3) (a)
No teacher or other person employed in any private school shall be placed under suspension, except when an inquiry into the gross misconduct, within the meaning of the Code of Conduct prescribed under sub-section (1) of section 21, of such teacher or other person is contemplated.
(b) No such suspension shall remain in force for more than a period of two months from the date of suspension and if such inquiry is not completed within that period, such teacher or other person shall, without prejudice to the inquiry, be deemed to have been restored as teacher or other employee:
Provided that the competent authority may, for reasons to be recorded in writing extend the said period of two months, for a further period not exceeding two months, if in the opinion of such competent authority, the inquiry could not be completed within the said period of two months for reasons directly attributable to such teacher or other person.
### 23. Appeal against orders of punishment imposed on teachers and other persons employed in private schools.
- Any teacher or other person employed in any private school -
(a) who is dismissed, removed or reduced in rank or whose appointment is otherwise terminated; or
(b) whose pay or allowances or any of whose conditions of service are altered or interpreted to his disadvantage,
by any order, may prefer an appeal against such order to such authority or officer as may be prescribed; and different such authorities or officer as may be prescribed for different classes of private schools.
Explanation. - In this section, the expression "order" includes any order made on or after the date of the commencement of this Act in any disciplinary proceeding which was pending on that date.
### 24. Second appeal in case of dismissal, removal or reduction in rank or termination of appointment of teachers or other persons employed in private schools.
- If the appeal under section 23 was against the dismissal, removal or reduction in rank or the termination otherwise of the appointment of any teacher or other person employed in any private school, such teacher or other person or the educational agency aggrieved by any order made in any such appeal, may prefer an appeal against that appellate order to the Tribunal.
### 25. Special provision regarding appeal in certain past disciplinary cases.
(1) If, before the date of the commencement of this Act, any teacher or other person employed in any private school has been dismissed or removed or reduced in rank or his appointment has been otherwise terminated and any appeal preferred before that date -
(a) by him against such dismissal or removal or reduction in rank or termination; or
(b) by him or the educational agency against any order made before that date in the appeal referred to in clause (a) is pending on that date, such appeal shall -
(i) in a case falling under clause (a), stand transferred to the appellate authority prescribed under section 23; or
(ii) in a case falling under clause (b), stand transferred to the Tribunal.
(2) If any such appeal as is referred to in sub-section (1) has been disposed of before the date of the commencement of this Act, the order made in any such appeal shall be deemed to be an order made under this Act and shall have effect accordingly.
### 26. Absorption of teachers or other persons on retrenchment.
- Where any retrenchment of any teacher or other person employed in any private school is rendered necessary consequent on any order of the Government relating to education or course of instruction or to any other matter, [or consequent on the reduction in strength of the pupil's studying in any such private school]
[Inserted by Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1986 (Tamil Nadu Act 50 of l986).]
it shall be competent for the Government or the school committee of any private school to appoint such teacher or other person in any school or institution maintained by the Government or in such private school, as the case may be.
[Explanation. - For the purpose of this section, the strength of the pupil's shall be determined in accordance with the norms fixed in the Grant-in-Aid Code of the Tamil Nadu Education Department or under any rule, regulation or order as may be made or issued by the Government or the Director of School Education, from time to time, for appointment of teachers or others in any private school.]
[Added by Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1986 (Tamil Nadu Act 50 of 1986).]
### 27. Pay and allowances of teachers and other persons employed in private schools to be paid in the prescribed manner.
- Pay and allowances of any teachers or other person employed in any private school shall be paid in or before such day of every month, in such manner and by or through such authority, officer or person, as may be prescribed.
### 28. Chapter to have overriding effect.
(1) This Chapter or any rule providing for all or any of the matters specified in this Chapter or any order made in relation to any such matter shall have effect notwithstanding -
(a) anything contained in any -
(i) other law for the time being in force, or
(ii) award, agreement or contract of service, whether such award, agreement or contract of service was made before or after the date of the commencement of this Act, or
(iii) judgment, decree or order of court, Tribunal or authority, or
(b) that the rules relating to recognition of, or payment of grant, to private schools, had or have no statutory force:
Provided that here, under any such award, agreement, contract of service or otherwise, any teacher or other person employed in any private school is entitled to benefits in respect of any matter which are more favourable to him than those to which he will be entitled under this Chapter, such teacher or other person shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this Chapter.
(2) Nothing contained in this Chapter shall be construed as precluding any such teacher or other person from entering into an agreement for granting him rights or privileges in respect of any matter which are more favourable to him than those to which he would be entitled under this Chapter.
Chapter VI
Control of Private School
-----------------------------------------
### 29. [ Closure of private school.
[Substituted by Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Act, 1986 (Tamil Nadu Act 1 of 1987).]
(1) No private school and no class and no course of instruction therein in a private school shall be closed without obtaining the prior approval of the competent authority and without making such arrangements as may be prescribed for the continuance of the instruction of the pupils of private school or the class or the course of instruction, as the case may be, for the period of study for which the pupils have been admitted.
(2) No prior approval under sub-section (1) shall be given unless a notice, in writing is given to the competent authority. The period of notice shall be such as may be prescribed and different periods of notice may be prescribed for different classes of private schools. The notice shall be in such form, contain such particulars and given in such manner as may be prescribed.
(3) The competent authority shall dispose of the notice given under sub-section (2) as expeditiously as possible, and in any case, within six months from the date of receipt of the notice.
(4) On receipt of the notice under sub-section (2) and after considering the same, -
(a) the competent authority may give the prior approval for closure of the private school, class or course of instruction, as the case may be, and while giving the said prior approval it may impose such conditions as it deems fit; or
(b) if the competent authority is satisfied that -
(i) the notice given under sub-section (2) is defective; or
(ii) no arrangements have been made as required under sub-section (1), for the continuance of the instruction of the pupils of private school or the class or the course of instruction, as the case may be, for the period of study for which the pupils have been admitted; or
(iii) the reasons given for closure of the private school, class or course of instruction, as the case may be, are directly attributable to the mismanagement or mal-administration on the part of the management; or
(iv) the financial position of the management is sound, in cases where the lack of finance has been adduced as a ground for closure of the private school, class or course of instruction, as the case may be; or
(v) the reasons given for closure of the private school, class or course of instruction, as the case may be, are not bona fide; or
(vi) the closure of the private school, class or course of instruction, as the case may be, shall adversely affect the educational opportunity available to the pupils of the local area in which such private school is situated, it may refuse to give the prior approval for closure of the private school, class or course of instruction, as the case may be, after recording in writing the reasons for such refusal:
Provided that the competent authority shall not refuse to give the prior approval unless the applicant has been given an opportunity of making his representations.
(5) Where the competent authority refuses to give the prior approval for closure of the private school, class or course of instruction, as the case may be, the management shall continue to run the private school, class or course of instruction, as the case may be.
(6) Where the competent authority gives approval for closure of the private school, class or course of instruction, as the case may be, during the course of an academic year, such closure shall take effect from the expiry of the said academic year.
Explanation. - For the purposes of this section, the expressions "management" and "private school" shall have the same meaning as in the Explanation to sub-section (3) of section 18-A.]
### 30. Educational agency to send list of properties.
- The educational agency shall on or before the prescribed date in each year, furnish to the competent authority a statement (with such particulars as may be prescribed) of every -
(a) movable property of not less than such value as may be prescribed; and
(b) immovable property of the private school.
### 31. Restriction on alienation of property of private school.
(1) Notwithstanding anything contained in any other law for the time being in force or in any deed, document or instrument having effect by virtue of such other law -
(a) no property of a private school shall except with the previous permission in writing of the competent authority, be transferred by way of sale, exchange, mortgage, charge, pledge, lease, gift or any other manner whatsoever; and
(b) if any such property is transferred without such permission, the transfer shall be null and void.
(2) The competent authority may -
(a) grant the permission under clause (a) of sub-section (1) if the transfer is made in furtherance of the purposes of the private school or of similar purposes approved by the competent authority, and the assets resulting from the transfer are to be wholly utilised in furtherance of the said purposes; and
(b) when granting such permission, impose such conditions as it deems fit to ensure that such assets are wholly utilised in furtherance of such purposes; but a contravention of any such condition shall not invalidate the transfer:
Provided that the permission shall not be refused under this section unless the applicant has been given an opportunity of making his representations.
Explanation. - For the purposes of this section, "property" means any -
(a) movable property of not less than such value as may be prescribed; and
(b) such immovable property as may be specified in the rules made in this behalf.
### 32. Fees and other charges.
(1) Subject to the provisions of sub-section (2) no private school shall levy any fee or collect any other charge or receive any other payment except a fee, charge or payment specified by the competent authority.
(2) Every private school in existence on the date of the commencement of this Act and levying different rates of fees or other charges or receiving any other amount on such date, shall obtain the prior approval of the competent authority before continuing to levy such fees or charges or receive such payment.
### 33. Utilisation of funds and property of private school.
(1) All the moneys collected, grants received and other property held by or on behalf of a private school shall be utilised for the purposes for which they are intended, and shall be accounted for by the educational agency in such manner as may be prescribed.
(2) A private school may invest or deposit its funds -
[(a) in the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act 23 of 1955); or
(b) in a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 of 1959); or
(c) in any corresponding new bank as defined in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970) or Post Office Savings Bank; or
(d) in any of the securities specified in section 20 of the Indian Trusts Act, 1882 (Central Act II of 1882); or
(e) in such mode as may be prescribed.]
### 34. Taking over management of private school.
(1) If on receipt of a report from the competent authority or otherwise the Government are satisfied that the educational agency of any private school has neglected to discharge any of the duties imposed on, or to perform any of the functions entrusted to, that agency by or under this Act or any rule or order made or direction issued thereunder and that it is expedient in the interests of school education to take over the management of such private school, the Government may, by order in writing, take over the management of such private school:
[Provided that the Government shall not initiate any proceeding under this section to take over the management of any private school unless they are satisfied that suspension of the management under section 18-A will not be sufficient.]
[Added by Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1982 (Tamil Nadu Act 48 of 1982).]
(2) Before making an order under sub-section (1), the Government shall give the educational agency an opportunity of making its representations.
(3) Any order made under sub-section (1), shall have effect, unless it is cancelled earlier for such period as may be specified in the order:
Provided that the period so specified shall not, in the first instance, exceed two years but may, by a like order, be extended from time to time, by any period not exceeding one year at any one time, if it appears to the Government that the interest of school education require such extension; so, however, that no such order as so extended shall, in any case, remain in force for more than five years in the aggregate.
(4) On the making of an order under sub-section (1) for taking over the management of private school, -
(a) The educational agency and the school committee shall cease to discharge the duties imposed on, and to perform the functions entrusted to that agency and that committee; and
(b) the Government -
(i) shall take all such steps as may be necessary to efficiently manage and run the private school in accordance with any law applicable to the private school insofar as such law is not inconsistent with this Act and the rules made thereunder and to take into the custody or control of the Government all the property, effects and actionable claims to which the private school is or appears to be entitled, and all the property and effects of the private school shall be deemed to be in the custody of the Government as on and from the date of the order; and
(ii) may afford such special educational facilities as were, immediately before the making of the order under sub-section (1) afforded at the private school.
Explanation. - In sub-clause (i) of clause (b), the expression "law" includes any bye-law, rule, regulation, custom or usage.
(6) Any person aggrieved by any order of the Government under this section may prefer an appeal against such order to the Tribunal.
(7) This section or any order made thereunder shall have effect notwithstanding anything contained in any other law for the time being in force or in any deed, document or instrument having effect by virtue of such other law.
### 35. Relinquishment of control of property.
(1) Where the control of any property taken over under section 34 is to be relinquished, the Government may, after making such inquiry, if any, as they consider necessary, by order in writing, specify the person to whom possession of the property, shall be delivered.
(2) The delivery of possession of any such property to the person specified in the order made under sub-section (1) shall be a full discharge of the Government or the competent authority or any other authority or officer or servant of the Government from all liability in respect of such property, but shall not prejudice any rights in respect of such property which any other person may be entitled by due process of law, to enforce against the person to whom possession of the property is so delivered.
(3) Where the person to whom possession of any property referred to in subsection (1) is to be delivered cannot be found or has no legal agent or other person empowered to accept delivery on his behalf, the Government shall cause to be published in the Tamil Nadu Government Gazette a notice declaring that the control of such property is relinquished; and in the case of any building or land, shall cause a copy thereof to be affixed on some conspicuous part of such building or land.
(4) When the notice referred to in sub-section (3) is published in the Tamil Nadu Government Gazette, -
(a) the property specified in such notice shall cease, on and from the date of such publication, to be subject to the control of the Government or the competent authority or any other authority or officer or servant of the Government;
(b) possession of such property shall be deemed to have been delivered on that date to the person entitled to possession thereof; and
(c) the Government or the competent authority or any other authority or officer or servant of the Government shall not be liable for any rent, compensation or other claim in respect of such property for any period after the said date.
### 36. Minority school not to be taken over.
- Notwithstanding anything contained in this Chapter, the Government shall not take over the management of any minority school under section 34.
Chapter VII
Accounts, Audit, Inspection and Returns
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### 37. Accounts.
- Every private school shall maintain accounts in such manner and containing such particulars as may be prescribed.
### 38. Annual audit of accounts.
(1) The accounts of every private school receiving grant shall be audited at the end of every academic year by such authority, officer or person as may be prescribed and different authorities, officers or persons may be prescribed for different classes of private schools.
(2) (a)
The authority, officer or person, prescribed under sub-section (1) , shall send a copy of the report on the audit of the accounts under that sub-section to the competent authority which shall forward the report to the educational agency.
(b) The educational agency shall, within such time as may be prescribed, submit that report together with the comments of that agency to the competent authority.
### 39. Inspection or inquiry.
(1) The competent authority shall have the right to cause an inspection of, or inquiry in respect of, any private school, its buildings, laboratories, libraries, workshops and equipment, and also of the examinations, teaching and other work conducted or done by the private school, to be made by such person or persons as it may direct and to cause an inquiry to be made in respect of any other matter connected with the private school and the educational agency shall be entitled to be represented thereat.
(2) The competent authority shall communicate to the educational agency the views of that authority with reference to the results of such inspection or inquiry and may, after ascertaining the opinion of the educational agency thereon, advise that agency upon the action to be taken.
(3) The educational agency shall report to the competent authority the action, if any, which is proposed to be taken or has been taken upon the results of such inspection or inquiry. Such report shall be furnished within such time as the competent authority may direct.
(4) Where the educational agency does not, within a reasonable time, take action to the satisfaction of the competent authority that authority may, after considering any explanation furnished or representation made by the educational agency, issue such directions as that authority deems fit and the educational agency, shall comply with such directions.
### 40. Furnishing of returns, etc.
- Every educational agency shall, within such time or within such extended time as may be fixed by the competent authority in this behalf, furnish to the competent authority such returns, statistics and other information as the competent authority may, from time to time, require.
Chapter VIII
General Provisions Regarding Appeal and Revision
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### 41. Appeal against orders of competent authority.
(1) Any person aggrieved by any order, decision or direction of the competent authority under1 [section 29 or under any other provision]
[Substituted by Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Act, 1986 (Tamil Nadu Act 1 of 1987).]
(other than section 34) of this Act may prefer an appeal against such order, decision or direction, to such authority or officer as may be prescribed; and different such authorities or officers may be prescribed for different classes of private schools.
(2) If the competent authority omits to communicate its decision to any applicant within the period specified in clause (b) of section 6 or in clause (b) of sub-section (2) of section 8 [or in sub-section (3) of section 29]
[Inserted by Tamil Nadu Recognised Private Schools (Regulation) and Private Colleges (Regulation) Act, 1986 (Tamil Nadu Act 1 of 1987).]
such applicant may prefer an appeal against such omission to the appellate authority prescribed under this section.
### 42. Tribunal.
(1) The Government may constitute as many Tribunals as may be necessary for the purposes of this Act.
(2) Each Tribunal shall consist of one person only who shall be a judicial officer not below the rank of a subordinate judge.
(3) Each Tribunal shall have such jurisdiction and over such area or in relation to such class of private schools, as the Government may, by notification, from time to time, determine.
(4) Every Tribunal shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (Central Act V of 1908) while hearing an appeal.
### 43. Time for appeal and powers of appellate authority.
(1) No appeal under any provision of this Act shall be preferred after expiry of one month from the date on which the order, decision or direction appealed against, was received by the appellant:
Provided that the appellate authority may, in its discretion, allow further time not exceeding one month for preferring any such appeal if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
(2) On receipt of any such appeal, the appellate authority shall, after -
(i) giving the parties an opportunity of making their representations,
(ii) making, if necessary, such inquiry as it deems fit, and
(iii) considering all the circumstances of the case, make such order as it deems just and equitable.
(3) The appellate authority may, pending the exercise of its power, pass such interlocutory orders as it deems fit.
(4) Every appeal under this Act shall be disposed of as expeditiously as possible.
### 44. Deposit with the Tribunal of pay and allowances of teachers and other persons employed in private schools in certain cases.
(1) If the appellate authority referred to in section 23 has, in any appeal under that section against the dismissal or removal or reduction in rank or the termination otherwise of the appointment of any teacher or other person employed in any private school, make an order restoring such teacher or other employee as such, no appeal against the order of such restoration shall be preferred to the Tribunal and no appeal (against the order of such restoration) which, under section 25, stands transferred to the Tribunal shall be proceeded with by the Tribunal, unless the educational agency deposits with the Tribunal all arrears of pay and allowances due to such teacher or other person from the date of his dismissal or removal or reduction in rank or termination otherwise of his appointment up to the date of deposit, and continues to deposit the pay and allowances due to such teacher or other person until the termination of the proceedings before the Tribunal.
(2) The deposit under sub-section (1) shall be made within such time and in such manner as may be prescribed.
(3) Where there is any dispute as to the amount to be deposited under subsection (1), the Tribunal shall, on application made to it either by the educational agency or by such teacher or other person, and after making such inquiry as it deems fit, determine summarily the amount to be so deposited.
(4) If the educational agency fails to deposit the amount as aforesaid, the Tribunal shall, unless the educational agency shows sufficient cause to the contrary, stop all further proceedings and make an order directing the educational agency to restore such teacher or other employee as such.
(5) (a)
Where, as a result of any final order made by the Tribunal at the conclusion of the proceedings before it, such amount of pay and allowances as becomes due to such teacher or other person, shall be paid to him out of the amount deposited under sub-section (1) .
(b) If there is any balance left of the amount deposited under sub-section (1) after payment under clause (a) of the pay and allowances referred to in that clause, such balance or, where no amount becomes due as aforesaid to such teacher or other person, the whole of the amount deposited under sub-section (1), shall be returned to the educational agency.
### 45. Revision.
(1) The Government may call for and examine the record of any authority or officer prescribed for the purpose of section 41 in respect of any proceedings to satisfy themselves as to the regularity of such proceeding, or the correctness, legality or propriety of any order made, decision taken or direction issued therein; and, if, in any case, it appears to the Government that any such order, decision or direction should be modified, annulled, reversed or remitted for reconsideration, they may pass orders accordingly.
(2) No order prejudicial to any person shall be passed under sub-section (1) unless such person has been given an opportunity of making his representations.
(3) The Government may, pending the exercise of their power under sub-section (1), pass such interlocutory orders as they deem fit.
Chapter IX
Penalties and Procedure
---------------------------------------
### 46. Penalty for not giving information or giving false information.
- If any person, when required, by or under this Act or any rule made under this Act, to furnish any information, omits to furnish such information or furnishes any information, which he knows, or has reasonable cause to believe, to be false, or not true, in any material particular, he shall be punishable with fine which may extend to one hundred rupees.
### 47. Other penalties.
(1) If any person wilfully contravenes, or attempts to contravene, or knowingly abets the contravention of any of the provisions of this Act or any rule made thereunder, he shall be punishable with fine which may extend to five hundred rupees and in the case of a continuing contravention with an additional fine which may extend to one hundred rupees for every day during which such contravention continues after conviction for the first such contravention.
(2) If any person wilfully obstructs any authority, officer or person, from entering any private school in the exercise of any power conferred on it or him by or under this Act, 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.
### 48. 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 the offence was committed, was in charge of and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in 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 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, society or other association of individuals, and
(b) "director" in relation to -
(i) a firm, means a partner in the firm.
(ii) 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.
### 49. Cognizance of offences.
- No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the fact constituting such offence made by an authority or officer authorised by the Government in this behalf.
### 50. Jurisdiction of criminal Court.
- No Court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence punishable under this Act.
Chapter X
Miscellaneous
----------------------------
### 51. Delegation of powers of Governments.
(1) The Government, may, by notification, authorise any authority or officer to exercise any of the powers vested in them by this Act except the power to make rules and may in like manner withdraw such authority.
(2) The exercise of any power delegated under sub-section (1) shall be subject to such restrictions and conditions as may be prescribed or as may be specified in the notification and also to control and revision by the Government or by such authority or officer as may be empowered by them in this behalf. The Government shall also have the power to control and revise the acts or proceedings of any authority or officer so empowered.
### 51A. [ Direction by Government regarding functions of competent authority.
[Inserted by the Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1987 (Tamil Nadu Act 39 of 1987).]
- The Government may, by notification, direct that any function of the competent authority under this Act or the rules made thereunder, shall, in relation to-such matters and subject to such conditions, as may be specified in such notification, be performed also by such officer or authority, subordinate to the Government, as may be specified in the notification.]
[Substituted by Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1980 (Tamil Nadu Act 6 of 1980).]
### 52. Competent authority, etc., to be public servant.
- Every authority and every officer duly authorised to discharge any duty imposed on it or him by or under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act XLV of 1860).
### 53. Civil Court not to decide questions under this Act.
- No Civil Court shall have jurisdiction to decide or deal with any question which is by or under this Act required to be decided or dealt with by any authority or officer mentioned in this Act.
### 53A. [ Settlement of dispute as to educational agency, etc.
[Inserted by the Tamil Nadu Recognised Private Schools (Regulation) Amendment Act, 1987 (Tamil Nadu Act 39 of 1987).]
(1) Notwithstanding anything contained in section 53, whenever any dispute as to the constitution of any educational agency, or as to whether any person or body of persons, is an educational agency, in relation to any private school, or as to the constitution of a school committee, or as to the appointment of the secretary of the school committee, arises, such dispute may be referred by the persons interested or by the competent authority to the civil court having jurisdiction, for its decision.
(2) Pending the decision of the civil court on a dispute referred to it under sub-section (1), or the making of an interim arrangement by the civil court for the running of the private school, the Government may nominate an officer to discharge the functions of the educational agency, the school committee or the secretary, as the case may be, in relation to the private school concerned.]
### 54. Finality of orders, etc., passed under this Act.
(1) Any order made, decision taken or direction issued by any authority or officer in respect of matters to be determined for the purposes of this Act, shall, subject only to appeal or revision, if any, provided under this Act, be final.
(2) No such order, decision or direction shall be liable to be questioned in any court of law.
### 55. Indemnity.
(1) No suit or other proceeding shall lie against the Government for any act done or purporting to be done under this Act or any rule made thereunder.
(2) (a)
No suit, prosecution or other proceeding shall lie against any authority or officer or servant of the Government for any act done or purporting to be done under this Act or any rule made thereunder without the previous sanction of the Government.
(b) No authority or officer or servant of the Government shall be liable in respect of any such act in any civil or criminal proceeding if the act was done in good faith in the course of the execution of the duties or the discharge of the functions imposed by or under this Act.
(3) No suit, prosecution or other proceeding shall be instituted against any authority or officer or servant of the Government for any act done or purporting to be done under this Act or any rule made thereunder after the date of the expiry of six months from the date of the act complained of.
### 56. Power to make rules.
(1) The Government may make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: -
(a) all matters expressly required or allowed by this Act to be prescribed;
(b) the form of applications and the statements under this Act and the particulars which such application and statement shall contain;
(c) the establishment and maintenance of private schools;
(d) the giving of grants to private schools;
(e) the grant of permission under section 6;
(f) the admission of pupils in private schools including special provision for the advancement of socially and educationally Backward Classes of citizens and the Scheduled Castes and the Scheduled Tribes.
Explanation. - In this clause, "Scheduled Castes" and "Scheduled Tribes" shall have the same meaning as in the Constitution;
(g) the manner in which accounts, registers and records shall be maintained in private schools, and the authority responsible for such maintenance;
(h) the submission of returns, statements, reports and accounts by educational agencies of private schools;
(i) the standards of education and teaching and courses of instruction in private schools;
(j) the purposes of the private school for which the premises of the private school may be used and the conditions subject to which such premises may be used for any other purpose;
(k) the regulation of the use in private schools of text books, maps, plans, instruments and other laboratory and sports equipment;
(l) the conditions subject to which donations or contributions from the public may be accepted for the purposes of private schools and the naming of private schools;
(m) the procedure and the disposal of the business of the Tribunal.
### 57. Publication of rules, commencement of rules and notifications and placing them on the table of the Legislature.
(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 Legislative Assembly and if, before the expiry of the session in which it is so placed or the next session, the Legislative Assembly agrees in making any modification in any such rule or notification or the Legislative Assembly agrees 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.
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65ba1908ab84c7eca86ea9de | acts |
Bombay Presidency - Act
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Bombay Inferior Village Watans Abolition Act, 1958
----------------------------------------------------
BOMBAY PRESIDENCY
India
Bombay Inferior Village Watans Abolition Act, 1958
====================================================
Act 1 of 1959
---------------
* Published on 20 January 1959
* Not commenced
An Act to abolish the Inferior village watans prevailing in certain parts of the State of Bombay.
Whereas it is expedient in the public interest to abolish the hereditary village offices of lower degree than that of a revenue or police patel or village accountant and the watans appertaining thereto prevailing in the pre-Reorganisation State of Bombay, excluding the transferred territories and in the Hyderabad area of the State of Bombay and to provide for matters consequential and incidental thereto; It is hereby enacted in the Ninth Year of the Republic of India as follows:-
### 1. For Statement of Objects and Reasons see Bombay Government Gazette, 1958, part-IV, pp. 425-426.
### 1. Short title.- (1) This Act may be called the Bombay Inferior Village Watans Abolition Act, 1958. (2)
It extends to the pre-Reorganisation State of Bombay, excluding the transferred territories and to the Hyderabad area of the State of Bombay.
(3) This section shall come into force at once.
(4) The State Government may, by notification in the Official Gazette, direct that the remaining provisions of this Act shall come into force in such local area and on such date as may be specified in the notification.
### 2. Definitions.- (1) In this Act, unless the context otherwise requires- (i)
"appointed date" in relation to any local area means the date on which the remaining provisions of this Act come into force in such local area under sub-section (4) of Section 1;
(ii) "authorised holder" means a person in whom vests the ownership of a watan land which has been validly alienated permanently by the watandar whether by sale or gift or otherwise, under the existing watan law;
(iii) "Code" means in relation to the pre-Reorganisation State of Bombay, excluding the transferred territories, the Bombay Land Revenue Code, 1879, (Bom. V of 1879) and in relation to the Hyderabad area of the State of Bombay, the Hyderabad Land Revenue Act, 1317 (Hyd. Act VIII of 1317);
(iv) "Collector" includes an Officer appointed by the State Government to perform the functions and exercise the powers of the Collector under this Act;
(v) "existing watan law" includes any enactment, ordinance, rule, by-laws regulation, order, notification, Vat-Hukum or any other instrument having the force of law, relating to Inferior village watans which may be in force immediately before the appointed date in the local area in which the remaining provisions of this Act, come into force under sub-section (4) of Section 1;
(vi) "Inferior village hereditary office" means every village office of lower degree than that of a revenue or police patel or village accountant held hereditarily under the existing watan law for the performance, of duties connected with the administration or collection of the public revenue of a village or with the village police or with the settlement of boundaries or other matters of civil administration of a village and includes such office even where the services originally appertaining to it have ceased to be demanded;
(vii) "Inferior Village watan" means the Inferior village hereditary office together with the tenure of watan property, if any, and the rights, privileges and liabilities attached thereto;
(viii) "prescribed" means prescribed by rules made under this Act;
(ix) "tenancy law" means-
(a) in the pro-Reorganisation State of Bombay, excluding the transferred territories, the Bombay Tenancy and Agricultural Lands Act, 1948, (Bom. LXVII of 1948) and
(b) in the Hyderabad area of the State of Bombay, the Hyderabad Tenancy and Agricultural Lands Act, 1950 (Hyd. Act XXI of 1950);
(x) "unauthorised holder" means a person in possession of a, watan land without any right or under a lease, mortgage, sale, gift or any other kind of alienation thereof which is null and void under the existing watan law;
(xi) "watandar" means a person having a hereditary interest in an Inferior village watan under the existing watan law:
Provided that where any watan has been entered in a register or record under the existing watan law as held by the whole body of watandars, the whole of such body shall be deemed to; be a watandar.
(xii) "watan land" means the land forming part of the watan property;
(xiii) "watan property" means the moveable or immovable property held acquired or assigned under the existing watan law for providing remuneration for the performance of the duty appertaining to an Inferior village hereditary office and includes a right; under the existing watan law to levy customary fees or perquisites in money or in kind whether at fixed times or otherwise and also includes cash payments in addition to the original watan property made voluntarily by the State Government and subject periodically to modification or withdrawal;
(2) The other words or expressions used but not defined in this Act shall have the meaning assigned to them in the Code.
(3) References in this Act to the incidents of watans shall, notwithstanding the abolition of the watans by this Act, be construed as references to the incidents as they were in force immediately before the appointed date.
### 3. Powers of Collector to decide certain questions and appeal.- (1) If any question arises,- (a)
whether any land is watan land,
(b) whether any person is a watandar,
(c) whether any person is an unauthorised holder,
the Collector shall, after giving the party affected an opportunity to be heard and after holding an inquiry, decide the question.
(2) Any person aggrieved by such decision may file an appeal to the State Government within ninety days of such decision.
(3) The decision of the Collector, subject, to an appeal under sub-section (2) and the decision of the State Government in appeal under sub-section (2) shall be final.
### 4. Abolition of Inferior village together with incidents thereof.- Notwithstanding anything in any usage, custom, settlement, grant, agreement sanad, or in any decree or order of a court or in the existing watan law, with effect on and front the appointed date. (1) all Inferior village watans shall be and are hereby abolished,
(2) all incidents (including the right to hold office and watan property, the right to levy customary fees or perquisites in money or in kind, and the liability to render service) appertaining to the said watans shall be and are hereby extinguished,
(3) subject to the provisions of sections 5, 6 and 9 all watan land shall be and is hereby resumed and shall be subject to the payment of land revenue under the provisions of the Code and the rules made thereunder as if it were an unalienated land:
Provided that such resumption shall not affect the validity of any alienation of such Watan land made in accordance with the provisions of the existing watan law or the rights of an alienee thereof or any person claiming under or through him.
### 5. Regrant of watan land to holders of watan.- (1) A watan land resumed under Section 4 shall, in cases not falling under sections 6 and 9 be regranted to the watandar of the watan to which in appertained on payment by or on behalf of the watandar to the State Government of the occupancy price equal to three times the amount of the full assessment of such land within the prescribed period and in the prescribed ??? and the watandar shall be deemed to be an occupant within the meaning of the Code in respect of such land and shall primarily be liable to pay land revenue to the State Government in accordance with the provisions of the Code and the rules made thereunder; and all the provisions of the Code and rules relating to unalienated land shall, subject to the provisions of this Act, apply to the said land:
Provided that in respect of the watan land which was not assigned under the existing watan law as the remuneration of the Inferior village hereditary office, an occupancy price equal to the amount of the full assessment of such land shall be paid by or on behalf of the Watandar for the regrant of such land.
(2) If there is failure to pay the occupancy price under sub-section (1) within the prescribed period and in the prescribed manner, the watandar shall be deemed to be unauthorisedly occupying the land and shall be liable to be summarily evicted therefrom by the Collector in accordance with the provisions of the Code.
(3) The occupancy of the land regranted under sub-section (1) shall not be transferable or partible by metes and bounds without the previous sanction of the Collector and except on payment of such amount as the State Government may by general or special order determine.
### 6. Regrant of watan land to authorised holders.- Where any watan land resumed under Section 4 is held by an authorised holder, it shall be regranted to the authorised holder on the payment by him to the State Government of the occupancy price mentioned in Section 5 and subject to the like conditions and consequences; and all the provisions of Section 5 shall apply mutatis mutandis in relation to the regrant of the land under this section to the authorised holder as if he were the watandar.
### 7. Special rule of succeed to be void.- Any provision of law, usage or practice relating to the succession to any Inferior village watan whereby contrary to the personal law governing the parties the rule of primogeniture was followed and the female heirs were postponed in favour of male heirs, shall, on and from the appointed date, be void and cease to be in force.
### 8. Application of tenancy law.- If any watan land has been lawfully leased and such, lease is subsisting on the appointed date, the provisions of the tenancy law shall apply to the said lease and the rights and liabilities of the holder of such land, and his tenant or tenants shall, subject to the provisions of this Act, be governed by the provisions of the said law.
Explanation.-For the purposes of this section the expression "land" shall have the same meaning as assigned to it in the tenancy law.
### 9. Eviction of unauthorised holder and regrant of watan land to him in certain circumstances and disposal of land not regranted.- (1) Where any Watan land resumed under Section 4 is in the possession of an unauthorised holder, such unauthorised holder shall be summarily evicted therefrom by the Collector in accordance with the, provisions of the Code:
Provided that where in the case of any unauthorised holder, the State Government is of opinion that in view of the investment made by such holder in the development of the land or in the non-agricultural use of the land or otherwise, the eviction of such holder from the land will involve undue hardship to him, it may direct the Collector to regrant the land to such holder on payment of such amount and subject to such terms and conditions as the State Government may determine and the Collector shall regrant the land to such holder accordingly.
(2) Watan land which is not regranted under sub-section (1) shall be disposed of in accordance with the provisions of the Code and the rules made thereunder applicable to the disposal of unoccupied unalienated land.
### 10. Compensation to watandar.- A watandar shall, for the abolition of all his rights in the watan be entitled to compensation, equal to the aggregate of the amounts calculated in the manner provided in the following clauses (a) , (b) and (c):-
(a) where the full or a portion of the assessment of the watan land was assigned towards the emoluments of the watandar, seven times the amount equal to the difference between the amount of such assessment or portion and the amount of quit-rent (Judi), if any, payable to the State Government by the watandar;
(b) seven times the amount equal to the annual cash allowance or other annual payment of money (not being the rent of land resumed under clause (b) of Section 12 of the Bombay Hereditary Offices Act, 1874, (Bom. III of 1874) or a like provision under any existing watan law), made by the State Government to the watandar under the existing watan law;
(c) three times the cash value of the average of the customary fees or perquisites, in money or in kind levied or leviable by the watandar under the existing watan law during the three years immediately preceding the appointed date; such cash value shall be determined in the prescribed manner.
### 11. Method of awarding compensation.- (1) If any watandar is entitled to compensation under Section 10 or any other person is aggrieved by the provisions of this Act as abolishing, extinguishing of modifying any of his rights to, or interest in, property and if compensation for such abolition, extinguishment or modification has not been provided for in the provisions of this Act, such watandar or person may make an application to the Collector for compensation in the proscribed form within the prescribed period.
(2) The Collector shall, after holding a formal inquiry in the manner provided by the Code, make an award determining the compensation in the manner and according to the method provided for in sub-section (1) of Section 23 and Section 24 (I of 1894) of the Land Acquisition Act, 1894 (I of 1894).
(3) (i)
Where the officer making an award under sub-section (2) is a Collector under this Act but not a Collector appointed under the Code and the amount of such award exceeds five thousand rupees, then the award shall not be made without the previous approval of the Collector appointed under the Code.
(ii) Every award under sub-section (2) shall be in the form prescribed in Section 26 of the Land Acquisition Act, 1894 (I of 1894).
(4) Nothing in this section shall entitle a person to compensation on the ground that any watan land which was wholly or partially exempt from the payment of land revenue has been under the provisions of this Act made subject to the payment of full assessment in accordance with the provisions of the Code.
### 12. Appeal against Collector's award.- An appeal shall lie against an award of the Collector to the Bombay Revenue Tribunal constituted under the Bombay Revenue Tribunal Act, 1957, (Bom. XXXI of 1958) notwithstanding anything contained in the said Act.
### 13. Procedure before Revenue Tribunal.- (1) The Bombay Revenue Tribunal shall, after giving notice to the appellant and the State Government, decide the appeal and record its decision.
(2) In deciding an appeal under this Act the Bombay Revenue Tribunal shall exercise all the powers which a Court has and shall follow the same procedure which a Court follows in deciding appeals from the decree or order of an original court under the Code of Civil Procedure, 1908 (V of 1908).
### 14. Limitation.- Every appeal made under this Act to the Bombay Revenue Tribunal shall be filed within a period of sixty days from the date of the award of the Collector. The provisions of sections 4, 5, 12 and 14 of the Indian Limitation Act, 1908, (IX of 1908) shall apply to the filing of such appeal.
### 15. Court fees.- Notwithstanding anything contained in the Court-fees Act, 1870, (VII of 1870 ??? VI ??? 124 F.) or the Hyderabad Court Fees Act, 1324 F. every appeal made under this Act to the Bombay Revenue Tribunal shall bear a court-fee stamp of such value as may be prescribed.
### 16. Finality of award and decision of Revenue Tribunal.- The award made by the Collector subject to an appeal to the Bombay Revenue Tribunal and the decision of the Bombay Revenue Tribunal on the appeal shall be final and conclusive and shall not be questioned in any suit or proceeding in any Court.
### 17. Inquiries and proceedings to be judicial proceedings.- All inquiries and proceedings before the Collector and the Bombay Revenue Tribunal under this Act shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 of the Indian Penal Code (XLV of ???).
### 18. Delegation of powers.- The State Government may, subject to such restrictions and conditions as it may impose, by notification in the Official Gazette, delegate to any of its officers not below the rank of a Collector, all or any of the powers conferred on it by this Act.
### 19. Rules.- The State Government may, subject to the condition of previous publication, make rules for the purposes of carrying out the provisions of this Act. Such rules shall, when finally made, be published in the Official Gazette.
### 20. Savings.- Nothing contained in this Act shall affect-
(1) any obligation or liability already incurred under an incident of an Inferior village watan before the appointed date, or
(2) any proceeding or remedy in respect of such obligation or liability, and any such proceeding may be continued or any such remedy may be enforced as if this Act had not been passed.
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65b918aaab84c7eca86e849a | acts |
State of Uttar Pradesh - Act
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U.P. Jail (Group A and B) Service Rules, 1982
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UTTAR PRADESH
India
U.P. Jail (Group A and B) Service Rules, 1982
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Rule U-P-JAIL-GROUP-A-AND-B-SERVICE-RULES-1982 of 1982
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* Published on 18 November 1982
* Commenced on 18 November 1982
U.P. Jail (Group A and B) Service Rules, 1982
Published vide Notification No. 4292/22-1351-61, dated 18th November, 1982 and published in the U.P. Gazette, dated 18th November, 1982
In exercise of the powers conferred by the proviso to Article 309 of the Constitution and in supersession of all existing rules and orders on the subject, the Governor is pleased to make the following rules regulating recruitment and conditions of service of persons appointed to the Uttar Pradesh Jail (Group A and B) Service.
Part I – General
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### 1. Short title and commencement.
(1) These rules may be called The Uttar Pradesh Jail (Group A and B) Service Rules, 1982.
(2) They shall come into force at once.
### 2. Status of the Service.
- The Uttar Pradesh Jail (Group 'A' and 'B') service is a State Service comprising Group 'A' and 'B' posts as given in the Appendix.
### 3. Definitions.
- In these rules, unless there is anything repugnant in the subject or context-
(a) "appointing authority" means the Governor;
(b) "Citizen of India" means a person who is or is deemed to be a citizen of India under Part II of the Constitution;
(c) "Commission" means the Public Service Commission, Uttar Pradesh;
(d) "Constitution" means the Constitution of India;
(e) "Government" means the State Government of Uttar Pradesh;
(f) "Governor" means the Governor of Uttar Pradesh;
(g) "Inspector-General" means the Inspector-General of Prisons, Uttar Pradesh;
(h) "Member of the Service" means a person substantively appointed under these rules or the rules or orders in force prior to the commencement of these rules to a post in the cadre of the Service;
(i) "Service" means the Uttar Pradesh Jail (Group 'A' and 'B') Service;
(j) "Substantive appointment" means an appointment, not being an ad hoc appointment, on a post in the cadre of the service, made after selection in accordance with the rules and, if there are no rules, in accordance with the procedure prescribed for the time being by executive instructions, issued by the Government;
(k) "Superintendent, District Jail" means the whole-time Superintendent, Jail appointed in accordance with these rules; and
(l) "Year of recruitment" means a period of twelve months commencing from the first day of July of calendar year.
Part II – Cadre
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### 4. Cadre of Service.
(1) The strength of the Service and of each category of posts therein shall be such as may be determined by the Government from time to time.
(2) The strength of the Service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (1) be as given in the Appendix.
Provided that the Governor may-
(i) leave unfilled or hold in abeyance any vacant post, without thereby entitling any person to compensation;
(ii) creates such additional permanent or temporary posts as he may consider proper.
Part III – Recruitment
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### 5. Source of recruitment.
- Recruitment to the various categories of posts in the Service shall be made from the following sources :
(1) Inspector-General of Prisons. - By promotion from amongst regularly appointed Additional Inspector-General of Prisons and permanent Deputy Inspector-General of prisons; Provided that the post may be filled by transfer (on deputation) of an Officer of the Uttar Pradesh cadre of Indian Administrative Service confirmed in the Senior time-scale of that service if the Government so decides.
(2) Additional Inspector-General of Prisons. - By promotion from amongst regularly appointed Deputy Inspector-General of Prisons.
(3) Deputy Inspectors-General of Prisons. - By promotion from amongst officers appointed regularly in the cadre of Superintendents, Central Prisons.
(4) Superintendent, Central Prisons including Principal, Jail Training School, Lucknow and Sampurnanand Camps and Model Prisons, Lucknow. - By promotion from regularly appointed Superintendents, District Jails.
(5) Director of Jail Industries. - By transfer of a suitable Officer from Industries Department.
(6) Superintendents, District Jails. - (i) 50 per cent of posts in the cadre by direct recruitment through the Commission.
(ii) 50 per cent of post in the cadre by promotion through the Commission from amongst regularly appointed Deputy Superintendents/Jailors with a minimum of 5 years services as Deputy Superintendents of Jailors or both.
### 6. Reservation.
- Reservation for the candidates belonging to Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the orders of the Government in force at the time of the recruitment.
Part IV – Qualifications
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### 7. Nationality.
- A candidate for direct recruitment to a post in the Service must be-
(a) a citizen of India; or
(b) a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India; or
(c) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka or any of the East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganyika and Zanzibar) with the intention of permanently settling in India :
Provided that a candidate belonging to category (b) or (c) above must be a person in whose favour a certificate of eligibility has been issued by the State Government:
Provided further that a candidate belonging to category (b) will also be required to obtain a certificate of eligibility granted by the Deputy Inspector-General of Police, Intelligence Branch, Uttar Pradesh :
Provided also that if a candidate belongs to category (c) above, no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in Service beyond a period of one year, shall be subject to his acquiring Indian citizenship.
Note. - A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused may be admitted to an examination or interview and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favour.
### 8. Academic Qualifications.
- A candidate for direct recruitment to the post of Superintendent, District Jails must possess-(a) a Bachelor's degree from a recognised University; and (b) Working knowledge of Hindi written in Devnagari Script.
Note. - Other things being equal preference shall be given to a person having degree or diploma in criminology, psychology or sociology.
### 9. Preferential qualification.
- A candidate who has-
(i) Served in the Territorial Army for a minimum period of two years, or
(ii) obtained 'B' certificate of the National Cadet Corps, shall, other things being equal, be given preference in the matter of direct recruitment.
### 10. Age.
- A candidate for direct recruitment to the post of Superintendent, District Jails must have attained the age of 21 years and must not have attained age of more than 28 years, on January 1 of the year in which recruitment is to be made, if the posts are advertised during the period January 1 to June 30, and on July 1, if the posts are advertised during the period July 1 to December 31:
Provided that the upper age-limit in the case of candidates belonging to the Scheduled Castes, Schedules Tribes and such other categories as may be notified by the Government from time to time shall be greater by such number of years as may be specified.
### 11. Character.
- The character of a candidate for direct recruitment to a post in the Service must be such as to render him suitable in all respects for employment in Government Service. The appointing authority shall satisfy itself on this point.
Note. - Persons dismissed by the Union Government or a State Government or a Local Authority or by a Corporation or Body owned or controlled by the Union Government or a State Government shall be ineligible for appointment to any post in the Service. Persons convicted of an offence involving moral turpitude shall also be ineligible.
### 12. Marital status.
- A male candidate who has more than one wife living or a female candidate who has married a man already having a wife living shall not be eligible for appointment to a post in the Service :
Provided that the Governor may, if satisfied that there exist special grounds for doing so, exempt any person from the operation of this rule.
### 13. Physical fitness.
- No candidate shall be appointed to a post in the Service unless he is in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment he shall be required to pass an examination by Medical Board :
Provided that such examination by Medical Board shall not be necessary in case of a candidate recruited by promotion.
Part V – Procedure for Recruitment
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### 14. Determination of vacancies.
- The appointing authority shall determine and intimate to the Commission the number of vacancies on the posts of Superintendents, District Jails to be filled during the year of recruitment as also the number of vacancies to be reserved for candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories under Rule 6.
### 15. Procedure for direct recruitment.
(1) Application for permission to appear in the competitive examination for direct recruitment shall be invited by the Commission in the prescribed form which may be obtained from the Secretary to the Commission on payment, if any.
(2) No candidate shall be admitted to the examination unless he holds a certificate of admission, issued by the Commission.
(3) After the results of the written examination have been received and tabulated the Commission shall, having regard to the need for securing due representation of the candidates belonging to the Scheduled Castes, Scheduled Tribes, and others under Rule 6, summon for interview such number of candidates as, on the result of the written examination, have come up to the standard fixed by the Commission in this respect. The marks awarded to each candidate at the interview shall be added to the marks obtained by him in the written examination.
(4) The Commission shall prepare a list of candidates in order of their proficiency as disclosed by the aggregate of-marks obtained by each candidate at the written examination and interview and recommend such number of candidates as they consider fit for appointment. If two or more candidate obtain equal marks in the aggregate, the name of the candidate obtaining higher marks in the written examination shall be placed higher in the list. The number of names in the list shall be larger but not larger by more than 25 percent of the number of vacancies. The Commission shall forward the list to the appointing authority.
Note. - The syllabus and rules for the competitive examination shall be such as may be prescribed by the Commission from time to time.
### 16. Procedure for recruitment by promotion to the post of Superintendent, District Jail.
- Recruitment by promotion to the post of Superintendent of District Jail shall be made on the basis of seniority subject to the rejection of the unfit in accordance with the Uttar Pradesh Promotion by Selection in Consultation with Public Service Commission (Procedure) Rules, 1970 as amended from time to time.
### 17. Procedure for recruitment by promotion to the posts of Inspector-General of Prisons/Additional Inspector-General of Prisons/Deputy Inspector-General of Prisons/Superintendents, Central Prisons/Principal, Jail, Training School/Superintendents, Sampurnanand Camps and Model Prison, Lucknow.
(1) Recruitment by Promotion to the post of Inspector-General of Prisons and Additional Inspector-General of Prisons shall be made on the basis of merit and to the posts of Deputy Inspector-General of Prisons, Superintendent, Central Prisons, Principal, Jail Training School and Superintendents, Sampurnanand Camps and Model Prisons, Lucknow shall be made on the basis of seniority subject to rejection of the unfit through selection committee comprising:-
(i) the Chief Secretary to the Government or his nominee;
(ii) the Secretary to the Government, Personnel Department or his nominee;
(iii) the Secretary to the Government, Home (Jails) Department.
(2) The appointing authority shall prepare an eligibility list of the candidates, arranged in order of seniority and place it before the Selection Committee along with their character rolls and such other records, pertaining to them, as may be considered proper.
(3) The Selection Committee shall consider the cases of candidates on the basis of records referred to in sub-rule (2) and if it considers necessary, it may interview the candidates also.
(4) The Selection Committee shall prepare a list of selected candidates arranged in order of seniority and forward the same to the appointing authority.
### 18. Combined selected list.
- If in any year of recruitment appointments are made both by direct recruitment and by promotion, a combined select list shall be prepared by taking the names of candidates alternatively from the relevant lists, the first name in the list being of the persons appointed by promotion.
Part VI – Appointment, Probation, Confirmation and Seniority
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### 19. Appointment.
(1) Subject to the provisions of sub-rule (2) the appointing authority shall make appointment by taking the names of candidates in the order in which they stand in the lists prepared under Rules 15, 16, 17 or 18 as the case may be.
(2) Where, in any year of recruitment, appointments are to be made both by direct recruitment and by promotion, regular appointments shall not be made unless selections are made from both the sources and a combined list is prepared in accordance with Rule 18.
(3) If more than one orders of appointment are issued in respect of any one selection a combined order shall also be issued, mentioning the names of the persons in order of seniority as determined in the selection or, as the case may be, as it stood in the cadre from which they are promoted. If the appointments are made both by direct recruitment and by promotion, names shall be arranged in accordance with the order, referred to in Rule 18.
(4) The appointing authority may make appointments in temporary or officiating capacity also from the lists referred to in sub-rule (1). If no candidate borne on those lists is available he may make appointments in such vacancy from amongst persons eligible for appointment under these rules. Such appointments shall not last for a period exceeding one year or beyond the next selection under these rules, whichever be earlier, and where the post is within the purview of the Commission, the provisions of regulation 5 (a) of the U. P. Public Service Commission (Limitation of Functions) Regulations, 1954 shall apply.
### 20. Probation.
(1) A person on appointment to a post in the Service in or against a permanent vacancy shall be placed on probation for a period of two years.
(2) The appointing authority may by reasons to be recorded, extend the period of probation in individual cases specifying the date up to which the extention is granted :
Provided that, save in exceptional circumstances, the period of probation shall not be extended beyond one year and in no circumstances beyond two years.
(3) If it appears to the appointing authority at any time during or at the end of the period of probation or extended period of probation that a probationer has not made sufficient use of his opportunities or has otherwise failed to give satisfaction, he may be reverted to his substantive post, if any, and if he does not hold a lien on any post, his services may be dispensed with.
(4) A probationer who is reverted or whose services are dispensed with under sub-rule (3) shall not be entitled to any compensation.
(5) The appointing authority may allow continuous services rendered in an officiating or temporary capacity in a post included in the cadre or any other equivalent or higher post, to be taken into account for the purpose of computing the period of probation.
### 21. Confirmation.
- A probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation, if-
(a) he has successfully undergone the prescribed training, if any;
(b) his work and conduct are reported to be satisfactory;
(c) his integrity is certified; and
(d) the appointing authority is satisfied that he is otherwise fit for confirmation.
### 22. Seniority.
(1) Except as hereinafter provided, the seniority of persons in any category/post shall be determined from the date of the order of substantive appointment and if two or more persons are appointed together, by the order in which their names are arranged in the appointment order :
Provided that if the appointment order specifies a particular back date with effect from which a person is substantively appointed, that date, will be deemed to be the date of order of substantive appointment and, in other cases it will mean the date of issue of the order :
Provided further that, if more than one orders of appointment are issued in respect of any one selection the seniority shall be as mentioned in the combined order of appointment issued under sub-rule (3) of Rule 19.
(2) The seniority inter se of persons appointed directly on the result of anyone selection, shall be the same as determined by the Commission :
Provided that a candidate recruited directly may lose his seniority if he fails to join without valid reasons when vacancy is offered to him, the decision of the appointing authority as to the validity of reason shall be final.
(3) The seniority inter se of persons appointed by promotion shall be the same as it was in the cadre from which they were promoted.
(4) Where appointments are made both by promotion and direct recruitment or from more than one source and the respective quota of the sources is prescribed the inter se seniority shall be determined by arranging the names in a combined list prepared in accordance with Rule 18, in such manner that the prescribed percentage is maintained :
Provided that-
(i) Where appointments from any source are made in excess of the prescribed quota, the persons appointed in excess of quota shall be pushed down, for seniority, to subsequent year or years in which there are vacancies in accordance with the quota.
(ii) Where appointments from any source fall short of the prescribed quota and appointments against such unfilled vacancies are made in subsequent year or years, the persons so appointed shall not get seniority of any earlier year but shall get the seniority of the year in which their appointments are made, so however, that in the combined list of that year, to be prepared under this rule, their names shall be placed at the top followed by the names, in the cyclic order of the other appointees.
Part VII – Pay Etc.
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### 23. Scale of pay.
- The scales of pay admissible to persons appointed to the various categories of posts in the Service, whether in a substantive or officiating capacity or as a temporary measure, shall be such as may be determined by the Government from time to time.
(2) The scales of [pay]
[See Now Revised Pay Scale.]
at the time of the commencement of these rules are as follows :
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Name of Post
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Scale of pay
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1.
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Inspector-General of Prisons, (Departmental) .
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2,050-75-2,200-100-2,500
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2.
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Additional Inspector-General of Prisons.
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1,840-60-1,900-75-2,200-100-2,400
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3.
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Deputy Inspector-General of Prisons.
|
1,540-60-1,900-E.B.-75-2,200
|
|
4.
|
Director of Jail Industries.
|
1,250-50-1,300-60-1,660-E.B.-60-1,900-75-2,050.
|
|
5.
|
Superintendent, Central Prisons.
|
1,250-50-1,300-60-1,660-E.B.- 60-1,900-75-2,050 (plusRs. 100 as special pay only for Principal, Jail Training School,
Lucknow with effect from September 2,1981).
|
|
6.
|
Superintendent, District Jails.
|
850-40-1,050-E.B.-50-1,300-60-1,420-E.B.-60-1,720.
|
### 24. Pay during probation.
(1) Notwithstanding any provision in the fundamental rules, to the contrary, a person on probation, if he is not already in permanent Government service, shall be allowed his first increment in the time scale when he has completed one year of satisfactory Service, has passed departmental examination and undergone training, where prescribed, and second increment after two years Service when he has completed the probationary period and is also confirmed :
Provided that if the period of probation is extended on account of failure to give satisfaction such extension shall not count for increment unless the appointing authority directs otherwise.
(2) The pay during probation of person who was already holding a post under the Government shall be regulated by the relevant fundamental rules :
Provided that if the period of probation is extended on account of failure to give satisfaction such extension shall not count for increment unless the appointing authority directs otherwise.
(3) The pay during probation of a person already in permanent Government service shall be regulated by the relevant rules, applicable generally to Government Servant serving in connection with the affairs of the State.
### 25. Criteria for crossing efficiency bar.
(1) No Inspector-General of Prisons or Additional Inspector-General of Prisons who is a member of the Services shall be allowed to cross the efficiency bar unless he has adequate administrative control and effective supervision over the matters relating to prisons, his work and conduct are found to be satisfactory and unless his integrity is certified.
(2) A person not covered by sub-rule (1) shall not be allowed to cross-
(i) the first efficiency bar unless his work and conduct are found to be satisfactory, and unless his integrity is certified; and
(ii) the second efficiency bar unless he has worked diligently and to the best of his ability, his work and conduct are found to be satisfactory and unless his integrity is certified.
Part VIII – Other Provisions
------------------------------
### 26. Canvassing.
- No recommendations, either written or oral, other than those required under the rules applicable to the post will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment.
### 27. Regulation of other matters.
- In regard to the matters not specifically covered by these rules or by special orders, persons appointed to the Service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State.
### 28. Relaxation in the conditions of Service.
- Where the State Government is satisfied that the operation of any rule regulating the conditions of Service of persons appointed to the Service causes undue hardship in any particular case, it may, notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner :
Provided that where a rule has been framed in consultation with the Commission that body shall be consulted before the requirements of the rule are dispensed with or relaxed.
### 29. Savings.
- Nothing in these rules shall affect reservations and other concessions required to be provided for the candidates belonging to the Scheduled Caste, Scheduled Tribes and other special categories of persons in accordance with the orders of the Government issued from time to time in this regard.
Appendix
(See Rule 4)
Strength of the service at the commencement of these Rules
| | | | | |
| --- | --- | --- | --- | --- |
|
|
Name of post
|
|
|
Number
|
|
|
|
Permanent
|
Temporary
|
|
Group 'A'
|
|
|
|
|
|
|
(1) |
Inspector-General of Prisons...
|
...
|
...
|
...
|
1
|
...
|
|
(2) |
Additional Inspector-General of Prisons
|
...
|
...
|
...
|
...
|
1
|
|
(3) |
Deputy Inspector-General of Prisons...
|
...
|
...
|
5
|
One permanent post held in abeyance)
|
|
(4) |
Superintendents of Central Prisons (including the post of
Principal, Jail Training School, Lucknow) and Superintendent,
Sampurnanand Camps, Model Prisons, Lucknow.
|
|
|
8
|
1
|
|
(5) |
Director of Jail Industries...
|
...
|
...
|
1
|
...
|
|
Group 'B'
|
|
|
|
|
|
(1) |
Whole-time Superintendents of District Jails
|
|
...
|
24
|
14
|
|
|
|
Total
|
...
|
39
|
16
|
|
65ba75b6ab84c7eca86eb756 | acts |
Union of India - Act
----------------------
The Indian Institutes of Management (Amendment) Act, 2023
-----------------------------------------------------------
UNION OF INDIA
India
The Indian Institutes of Management (Amendment) Act, 2023
===========================================================
Act 23 of 2023
----------------
* Published in Gazette of India on 11 August 2023
* Not commenced
An Act further to amend the Indian Institutes of Management Act, 2017.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:––
### 1. Short title and commencement.
(1) This Act may be called the Indian Institutes of Management (Amendment) Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
### 2. Amendment of section 4.
(1) In section 4 of the Indian Institutes of Management Act, 2017 (hereinafter referred to as the principal Act), after sub-section (1), the following sub-section shall be inserted, namely:—
(1A) On and from the date of commencement of the Indian Institutes of Management (Amendment) Act, 2023, the National Institute of Industrial Engineering, Mumbai, shall be called the “Indian Institute of Management, Mumbai” and all the provisions of this Act shall apply to the said Institute.
### 3. Amendment of section 5.
In section 5 of the principal Act,—
(i) in clause (d),—
(a) for the words "every person employed by every existing Institute", the words "every person, other than a Director employed by every existing Institute" shall be substituted;
(b) after the second proviso, the following proviso shall be inserted, namely:—
"Provided also that the provisions of the first proviso shall also be applicable to the Directors of the Institutes;";
(ii) after clause (f), the following Explanation shall be inserted, namely:—
Explanation.—For the removal of doubts, it is hereby clarified that in relation to the Indian Institute of Management, Mumbai, the reference to the following expressions in sections 4 and 5—
(i) “On and from the commencement of this Act”;
(ii) “before such commencement”;
(iii) “before commencement of this Act”; and
(iv) “before the commencement of thisAct”, shall be construed as the reference to the date on which the provisions of the Indian Institutes of Management (Amendment) Act, 2023 comes into force.
### 4. Amendment of section 10.
In section 10 of the principal Act,—
(a) in sub-section (2), in clause (a), for the words "to be appointed by the Board", the words "to be nominated by the Visitor" shall be substituted;
(b) after sub-section (5), the following sub-section shall be inserted, namely:—
(6) Notwithstanding anything contained in this section, if the Board is suspended or dissolved under such conditions or procedure as may be prescribed, the Central Government shall constitute an interim Board for a period of six months or till a regular Board is constituted as per the provisions of this Act.
### 5. Insertion of new section 10A.
After section 10 of the principal Act, the following section shall be inserted, namely:—
10A.
Visitor.
(1) The President of India shall be the Visitor of every Institute.
(2) The Visitor may appoint one or more persons to review the work and progress of any Institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the Visitor may direct.
(3) The Board may also recommend to the Visitor, an inquiry as deemed proper against the Institute which has not been functioning in accordance with the provisions and objectives of this Act.
(4) Upon receipt of any such report referred to in sub-section (2), the Visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the Institute shall be bound to comply with such directions.".
### 6. Amendment of section 12. In section 12 of the principal Act, after sub-section (1) , the following sub-section shall be inserted, namely:—
(1A) Notwithstanding anything contained in this section, an outgoing Member shall, unless the Board otherwise directs, continue in office until another person is appointed or nominated as a Member in his place.
### 7. Amendment of section 16.
In section 16 of the principal Act,—
(a) in sub-section (2), for the words "appointed by the Board, on such terms", the words "appointed by the Board with prior approval of the Visitor, in such manner and subject to such terms" shall be substituted;
(b) for sub-section (3), the following sub-sections shall be substituted, namely:—
"(3) The Director shall be appointed out of the panel of names recommended by a search-cum-selection committee to be constituted by the Board consisting of—
(a) the Chairperson of the Board, who shall be the Chairperson of the search-cum-selection committee;
(b) one Member to be nominated by the Visitor; and
(c) two Members chosen from amongst eminent administrators, industrialists, educationists, scientists, technocrats and management specialists.
(3A)
The procedure to be adopted for selection of the Director shall be such as may be prescribed.";
(c) in sub-section (7), in the opening portion, for the words "The Board may remove from office the Director", the words "The Board, with prior approval of the Visitor, may remove from office the Director" shall be substituted;
(d) after sub-section (9), the following sub-section shall be inserted, namely:—
(10) The services of the Director may be terminated by the Visitor, in such manner as may be prescribed.
### 8. Omission of section 17.
Section 17 of the principal Act shall be omitted
### 9. Amendment of section 29.
In section 29 of the principal Act, in sub-section (2) ,—
(i) for clause (a), the following clause shall be substituted, namely:—
"(a) an eminent person to be nominated by the Visitor as Chairperson;";
(ii) for clause (d), the following clause shall be substituted, namely:—
"(d) the Chairperson of each Institute—Member, ex officio;".
### 10. Amendment of section 34
In section 34 of the principal Act, in sub-section (2) ,—
(i) for clause (a), the following clauses shall be substituted, namely:—
"(a) the conditions and the procedure subject to which the Board may be suspended or dissolved under sub-section (6) of section 10;
(aa) such other powers and duties of the Board under clause (w) of sub-section (2) of section 11;";
(ii) after clause (b), the following clauses shall be inserted, namely:—
"(ba) the procedure to be adopted for selection of the Director under sub-section (3A) of section 16;
(bb) the manner of termination of services of the Director under sub-section (10) of section 16;".
### 11. Amendment of section 39.
In section 39 of the principalAct, in sub-section (1) , after clause (c), the following clauses shall be inserted, namely:—
(d) the Board of National Institute of Industrial Engineering, Mumbai, functioning as such immediately before the commencement of the Indian Institutes of Management (Amendment)Act, 2023 shall continue to so function until a new Board is constituted for that Institute under this Act, but on such constitution of a new Board under this Act, the Members of the Board holding office before such constitution shall cease to hold office;
(e) theAcademic Council constituted in relation to National Institute of Industrial Engineering, Mumbai, before the commencement of the Indian Institutes of Management (Amendment)Act, 2023 shall continue to so function until a newAcademic Council is constituted for that Institute under this Act, but on the constitution of a newAcademic Council under thisAct, theAcademic Council of the National Institute of Industrial Engineering, Mumbai shall cease to function;
(f) until the first regulations in relation to National Institute of Industrial Engineering, Mumbai are made under thisAct, the rules and bye-laws of the National Institute of Industrial Engineering, Mumbai as in force immediately before the commencement of the Indian Institutes of Management (Amendment) Act, 2023 shall continue to apply to the National Institute of Industrial Engineering, Mumbai with necessary modifications and adaptations insofar as they are not inconsistent with the provisions of this Act.".
### 12. Amendment of Schedule.
On and from the date of commencement of the Indian Institutes of Management
(Amendment) Act, 2023, in the Schedule to the principalAct, after Sl. No. 20 and the entries relating thereto, the following Sl. No. and entries shall be inserted, namely:—
|
21
|
Maharashtra
|
National Institute of Industrial Engineering,Mumbai, a Society registered under theSocieties Registration Act, 1860 (21 of 1860).
|
Mumbai
|
Indian Institute of Management, Mumbai
|
| --- | --- | --- | --- | --- |
|
65b94e1bab84c7eca86e8d6e | acts |
State of Chattisgarh - Act
----------------------------
Chhattisgarh Swayatta Sahakarita (Nirsan) Adhiniyam, 2014
-----------------------------------------------------------
CHHATTISGARH
India
Chhattisgarh Swayatta Sahakarita (Nirsan) Adhiniyam, 2014
===========================================================
Act 7 of 2014
---------------
* Published on 20 March 2014
* Commenced on 20 March 2014
Chhattisgarh Swayatta Sahakarita (Nirsan) Adhiniyam, 2014
(Act
No. 7 of 2014
)
Last Updated 17th September, 2019
[Received the assent of the Governor on the 20th March, 2014; assent first published in the Chhattisgarh Rajpatra (Asadharan) dated the 25th March, 2014.]
An Act to repeal the Chhattisgarh Swayatta Sahakarita Adhiniyam, 1999.
Be it enacted by the Chhattisgarh Legislature in the Sixty Fifth Year of the Republic of India, as follows: -
### 1. Short title and commencement.
(1) This Act may be called the Chhattisgarh Swayatta Sahakarita (Nirsan) Adhiniyam, 2014.
(2) It shall come into force on such date as the State Government may, by notification appoint.
### 2. Definitions.
- In this Act, unless the context otherwise requires, -
(a) "Appointed day" means the date of commencement of this Act under subsection (2) of Section 1.
(b) "Repealed Act" means the Chhattisgarh Swayatta Sahakarita Adhiniyam, 1999 (No. 2 of 2000).
### 3. Repeal and Saving.
(1) On the Appointed Day, the Chhattisgarh Swayatta Sahakarita Adhiniyam, 1999 (No. 2 of 2000) shall stand repealed :
(a) any other enactment in which the repealed enactment has been applied, incorporated or referred to and such application, incorporation or reference as the case may be, shall be continued to be so in respect of this Act; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the "Repealed Act"; or
(c) the previous operation of the "Repealed Act" or consequences of anything already done or suffered thereunder; or
(d) any penalty, forfeiture or punishment incurred in respect of any offence committed against the "Repealed Act"; or
(e) any legal proceeding or remedy in respect of any such right, privilege, obligation or liability under clause (a) to (d) of this Section and any such legal proceeding or remedy may be continued or enforced, as if this Act had not been passed.
(2) Notwithstanding anything contained in this Act or in any law for the time being in force or in any contract, on and from the Appointed Day, the Co-operative registered under the Repealed Act shall be deemed to be registered under the Chhattisgarh Cooperative Societies Act, 1960 (No. 17 of 1961) and the provisions of the said Act shall be applicable for regulation of such Co-operatives.
(3) Notwithstanding anything contained in this Act or the bye-laws and regulations made by the Board of Directors of the Co-operative under the Repealed Act shall, in so far as they are not inconsistent with the provisions of the Chhattisgarh Co-operative Societies Act, 1960 (No. 17 of 1961) and the rules made thereunder, continue in force until altered or rescinded under the Chhattisgarh Co-operative Societies Act, 1960 (No. 17 of 1961).
|
65b91f32ab84c7eca86e85ac | acts |
State of Uttar Pradesh - Act
------------------------------
The U.P. Agricultural Credit Act, 1973
----------------------------------------
UTTAR PRADESH
India
The U.P. Agricultural Credit Act, 1973
========================================
Act 19 of 1973
----------------
* Published on 22 October 1973
* Commenced on 22 October 1973
The U.P. Agricultural Credit Act, 1973
U.P. Act
No. 19 of 1973
### 016. An Act to make provision to faciliate adequate flow of credit for agricultural production and development through banks and other institutional credit agencies and for matters connected therewith or incidental thereto.
Received the assent of the President on October 17, 1973, Published in U.P. Gazette (Extra.), dated 22nd October, 1973, pp. 9-16.
It is hereby enacted in the Twenty-fourth Year of the Republic of India as follows;
Chapter 1
Preliminary
--------------------------
### 1. Short title, extent and commencement.
(1) This Act may be called the Uttar Pradesh Agricultural Credit Act, 1973.
(2) It extends to the whole of Uttar Pradesh.
(3) It shall come into force on such [date]
[ Enforced from 1st January, 1974, Vide Notification No. I-F-300/(1) /X-1-1973, published in U.P. Gazette (Extra.), dated 31st December, 1973]
as the State Government, may, by notification in the Gazette, appoint in this behalf.
### 2. Definitions.
- In this Act, unless the context otherwise requires -
(a) [ "agriculture" and "agricultural purpose" includes making land fit for cultivation, cultivation of land, improvement of land (including development of sources of irrigation), raising and harvesting of crops, horticultures, forestry, cattle breeding, animal husbandary, dairy farming, piggery, poultry farming, seed farming, pisciculture, apiculture, sericulture and such other activities as are generally carried on by persons engaged in any of the aforementioned activities and also includes -
[Substituted by U.P. Act 25 of 1979, Section 2 (w.e.f. 29-6- 1979)]
(i) marketing of agricultural products, their storage and transport;
(ii) the acquisition of implements and machinery in connection with any such activity;
(iii) the acquisition of gobar-gas plant; and
(iv) the establishment and maintenance of agro-service centres .
Explanation. - For the purposes of this clause, the expression "agro-service centre" means a place or a shop where the entreprenures, trained by the U.P. State Agro-Industrial Corporation Limited, carry on the sale of seeds, fertilizers, insecitsides, pesticides, or other goods of agricultural use or agricultural operations in respect of land held by others by tractors or other mechanised process on hire or repair of the agricultural implements ;]
(b) "agriculturist" means a person who is engaged in agriculture ;
(c) "bank" means-
(i) a banking company as defined in the Banking Regulation Act 1949 (Act X of 1949);
(ii) the State Bank of India constituted under the State Bank of India Act 1955 (Act XXIII of 1955);
(iii) a subsidiary Bank; as defined in the State Bank of India (sub-sidiary Banks) Act, 1959 (Act XXXVII of 1959);
(iv) a corresponding new bank constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Act V of 1970);
(v) [ a financing bank or Central Bank (as defined in the Uttar Pradesh Co-operative Societies Act, 1965) not being a land development bank]
[Substituted by U.P. Act 19 of 1975, vide Section 2(ii) (w.e.f. 31st March, 1975)]
;
(vi) The agricultural Refinance Corporation constituted under the Agricultural Refinance Corporation Act, 1963 (Act No. X of 1963);
(vii) The U.P. State Agro-Industrial Corporation Limited a company incorporated under the Companies Act, 1956 (Act
No. 1 of 1956
);
(viii) The Agricultural Finance Corporation Limited, a company incorporated under the Companies Act, 1956 (Act
No. 1 of 1956
); and
[(viii-a) a regional rural bank established under sub-section (1) of Section 3 of the Regional Rural Banks Act, 1976]
[Instituted by U.P. Act 25 of 1979, vide Section 2 (w.e.f. 29- 6-1979)]
;
(ix) any other financial institution notified by the State Government in the Gazette as a bank for the purpose of this Act;
(d) Co-operative Society means a Co-operative society registered or deemed to be registered under the Uttar Pradesh Co-operative Societies Act, 1965 (U.K. Act No. XI of 1966), the object of which is to provide financial assistance to its members, and includes a co-operative land development bank;
(e) "financial assistance" means assistance granted by way of loan, advance, guarantee or otherwise : (i) either to an agriculturist for agricultural purposes or, (ii) to a Co-operative Society for enabling it to grant loans and advances to its members for agricultural purposes ;
(f) "law relating to land tenures means the Uttar Pradesh Zamindari Abolition and Reforms Act, 1950, the Uttar Pradesh Urban Areas and Land Reforms Act, 1956, the Jaunsar-Bawar Zamindari Abolition and Land Reforms Act, 1956, the Kumaun and Uttarakhand Zamindari Abolition and Land Reforms Act, 1960, the Uttar Pradesh Consolidation of Holdings Act, 1953 or the U.P. Imposition of Ceiling on Land Holdings Act, 1960, as amended from time to lime ;
(g) "prescribed" means prescribed by rules made under this Act.
Chapter II
Rights of Agriculturists to Alienate Land or Interest in Land in Favour of Banks
------------------------------------------------------------------------------------------------
### 3. [
[Substituted by U.P. Act 19 of 1975, vide Section 3 (w.e.f. 31-3-1975)]
The State Government may, by notification in the Gazette, vest, subject to such restrictions as may be specified in the notification, all bhumidhars, [\* \* \*] asamis and Government lessees with rights of alienation in land held under their tenure or any interest in such land including the right to create a charge or mortgage on such land or interest in favour of banks generally or any specified class of banks for the purpose of obtaining financial assistance from such banks, and upon issue of such notification, such bhumidhar, [\* \* \*]
[ The word "sirdars" omitted by U.P. Act 25 of 1979, vide Section 3 (w.e.f. 29-6-1979)]
asamis and Government lessees shall, notwithstanding anything contained in any law for the time being in force or in any contract, grant or other instrument to the contrary, or any custom or tradition, have a right or alienation in accordance with the terms of the notification."]
### 4. Charge on crop and other movable property in favour of a bank.
(1) It shall be lawful for an agriculturist to create a charge on the movable property owned by him or in the crops raised by him, standing or otherwise, or other produce from land cultivated by him, to the extent of his interest therein in favour of a bank to secure financial assistance from that bank notwithstanding that he may not be owner of the land [on and from which such crop or produce is raised.]
[Substituted by U.P. Act 19 of 1975, vide Section 4 (a) (w.e.f. 31-3-1975), for the words "on and from which the crop is raised"]
(2) Notwithstanding anything to the contrary in [ \* \* \* ]
[ The words and figure "Section 39 of", omitted by U.P. Act 19 of 1975, vide Section 4 (b) (w.e.f. 31-3-1975)]
the Uttar Pradesh Co-operative Societies Act, 1965 (U.P. Act No. XI of 1966), or any other law for the time being in force, no charge in respect of any debt or other outstanding demand due to a co-operative society from an agriculturist shall have priority over a charge on the crop raised by him, standing or otherwise, or any other movable property in respect of any financial assistance given to him by a bank provided the financial assistance made by the bank is prior in point of time to the debt or demand of the co-operative society.
### 5. [\* \* \*]
[Section 5 omitted by U.P. Act 19 of 1975, vide Section 5 (w.e.f. 31-3-1975)]
| |
| --- |
|
Section 5 omitted by U.P. Act 19 of 1975, vide Section 5 (w.e.f. 31-3-1975)
Old Section 5 read as under:
Distraint and sale of produce and movables.- Notwithstanding anything contained in any law for the lime being in force, a bank may distrain and sell through an official of the State Government authorised in that behalf by the State Government by notification in the Gazette the crop or other produce or other movables charged in favour of the bank to the extent of the agriculturist interest therein, and after satisfying the Government dues or other prior charges, if any, appropriate the proceeds of such sale to the extent of the moneys due to it from the agriculturist and in such case the remainder if any shall be paid to the agriculturist.]
|
### 6. Creation of charge on land in favour of bank by declaration.
- [(1) An agriculturist desirous of securing financial assistance from any bank by creating a charge on land or any other immovable properly which he owns or in which he has an interest, may make a declaration on a duly stamped paper in the form set out in the Schedule or as near thereto as circumstances permit, declaring that thereby he creates in favour of the bank a charge on such land or his interest therein or other immovable property as the case may be.]
[Substituted by U.P. Act 19 of 1975, vide Section 6 (w.e.f. 31-3-1975)]
(2) A declaration made under sub-section (1) may be varried from time to lime by the agriculturist with the consent of bank in whose favour the declaration has been made.
### 6A. [ Transfer of charge or mortgages to land allotted during consolidation operations.
[Inserted by U.P. Act 19 of 1975, Section 7 (w.e.f. 31-3-1975)]
- Where any land held by an agriculturist is subject to a charge or mortgages created in favour of a bank by an agriculturist and the rights, title and interest of the agriculturist in the said land have ceased the as a result of the enforcement of the final consolidation scheme under Chapter IV of U.P. Consolidation of Holdings Act, 1953, such charge or mortgage shall be transferred and attached to the corresponding land allotted to the agriculturist and to the compensation, if any payable under the said scheme.]
Chapter III
Charges and Mortgages in Favour of Banks and their Priorities.
-------------------------------------------------------------------------------
### 7. Removal of disability in creation of charges and mortgages:
- [
[Substituted by U.P. Act 19 of 1975, vide Section 8 (w.e.f. 31-3-1975), for the words and figures: "Notwithstanding anything to the contrary contained in Section 39 of the Uttar Pradesh Co-operative Societies Act, 1965 or Section 22 of the Uttar Pradesh Co-operative Land Development Bank Act, 1964."]
Notwithstanding anything contained in the Uttar Pradesh Co- operative Societies Act, 1965 and Uttar Pradesh Co-operative Land Development Bank Act, 1964, or any other law for the lime being inforce and notwithstanding that any land or interests therein stands already charged or mortgaged to co-operative society, it shall be lawful for an agriculturist to create a charge or mortgage on such land or interest therein in favour of a bank as security for any financial assistance given to the agriculturist by that bank.
### 8. Priority of charges and mortgages in favour of Government, a bank and a co-operative society.
(1) Notwithstading anything the contrary in Section 39 of the Uttar Pradesh Co-operative Societies Act, 1965 or Section 18 of the Uttar Pradesh Co-Operavite Land Development Banks Act, 1964 or any other law for the time being in force -
(a) any charge to mortgage created on any land or interest therein in favour of Government shall have priority over any other charge or mortgage that may have been created on such land or interest by an agriculturist in favour of a bank or co-operative society prior to the date the charge or mortgage was created in favour of the Government;
(b) any charge or mortgage created on any land or interest therein in favour of a bank in respect of financial assistance given to an agriculturist by' that bank shall have priority over any other charge or mortgage that may have been created on such land or interest in favour of any person other than Government, a co-operative society or any other bank prior to the date on which the charge or mortgage was created in favour of that bank;
(c) where different charges or mortgages over the same land or interest therein have been created by an agriculturist in favour of a co-operative or a bank more then one bank any such charge or mortgage created as security for financial assistance given by the co-operative society or the bank or banks by way of term loan for development purposes shall have priority over the other charges or mortgages created in favour of the co-operative society or any of the banks provided prior notice of any such financial assistance by way of term loan for development purposes had been given to such co-operative society or bank and such co-operative society or bank had concurred in such financial assistance, and where more than one such charge or mortgage is created as security for financial assistance given by way of term loan, for development purposes shall rank for priority in accordance with the dates of their creation.
Explanation. - For the purposes of this Section, "term loan for development purpose" means financial assistance which would generally lead to improvement of agriculture or building up of assets in agriculture but does not include financial assistance for meeting working capital expenses, seasonal agricultural operations and marketing of crops.
(2) Nothing in this section shall apply to borrowings only from one or more cooperative societies, including land development banks or the State Land Development Bank as defined in the Uttar Pradesh Co-operative Land Development Banks Act, 1964 (U.P. No. XVI of 1964).
### 9. Registration of charge and mortgage in favour of banks.
(1) Notwithstanding anything contained in the Registration Act, 1908 (Act No. XVI of 1908), a charge in respect of which a declaration has been made under sub-section (1) of Section 6 or in respect of which a variation has been made under sub-section (2) of that section, or a mortgage of any land or interest therein or other immovable property executed by an agriculturist in favour of a bank in respect of financial assistance given by that bank, shall be deemed to have been duly registered in accordance with the provisions of that Act with effect from the date of execution of such charge, variation or mortgage, as the case may be, provided the bank has sent to the Sub-Registrar within the local limits of whose jurisdiction the whole or any part of the property charged or mortgaged is situate, within a period of one month from the date of such execution, by registered post acknowledgment due, a copy of the document creating such charge, variation or mortgage duly certified to be a true copy by an employee of the bank authorised to sign on its behalf and the Sub-Registrar has filed it in Book No. 1 prescribed under Section 51 of the Registration Act, 1908.
"(2) The Sub-Registrar receiving a declaration in respect of charge, variation or mortgage referred to in sub-section (1) shall, as immediately as practicable on receipt thereof, and after ascertaining that the document containing the declaration, variation or mortgage, as the case may be, has been made on a duly stamped paper, file its copy in Book No. 1 prescribed under Section 51 of the Registration Act, 1908.
[(3) Where the Sub-Registrar is of opinion that the declaration, variation or mortgage, as the case may be, has not been made on a duly stamped paper, he shall send back the copy of the document to the bank requiring it to get the deficiency in stamp duty made good by the agriculturist within thirty days or within such extended time as the Sub-Registrar may allow in that behalf.[(2) The Sub-Registrar shall, as soon as may be, on receipt of the copy of the document referred to in sub-section (1), and after ascertaining that said document is duly stamped, file the copy in Book No. 1 prescribed under Section 51 of the Registration Act, 1908.
(3) Where the Sub-Registrar is of the opinion that the said document is not duly stamped or suffers from any defect arising out of an accidental slip or omission, he shall send back the copy of the document to the bank requiring it to get the deficiency in the stamp duty made good on the original or to get the defect removed within thirty days or within such extended time as the Sub-Registrar may allow in that behalf]
[Substituted by U.P. Act No. 19 of 1975, vide Section 9 (w.e.f. 31-3-1975), old sub-rules (2) .and (3) of Section 9, runs as under:]
(3-A) The bank shall get the deficiency made good or the defect removed, notwithstanding anything contained in the Indian Stamp Act, 1899.]
(4) After the deficiency in stamp has been made good [or as the case may be, the defect has been removed]
[Instituted by U.P. Act 19 of 1975 Vide Section 9 (b) , (w.e.f. 31-3-1975)]
, the Bank shall send the copy of the document again to the Sub-Registrar in the manner laid down in sub-section (1) and thereupon the Sub-Registrar shall file the copy in Book No. 1 in accordance with the provisions of sub-section (2).
(5) Notwithstanding anything contained in the Registration Act, 1908, is shall not be necessary for the agriculturist or any officer of the bank to appear in person or by agent in any registration office in any proceeding connected with the registration of the document or. to sign as provided in Section 58 of the said Act.
[9-A. Noting of charge or mortgage in the record-of-rights].
[ Sections 9-A and 9-B, inserted by UP. Act 19 of 1975, vide Section 10 (w.e.f. 31-3-1975)]
- Where a copy of the document creating charge, variation or mortgage has been sent for registration under Section 9, the bank may give intimation to the Tahsildar or such other official as may be designated in this behalf by the State Government, of the particulars of such charge, variation or mortgage. The Tahsildar or the other official shall make a note of the particulars of the charge, variation or mortgage in the record-of-rights relating to the land in respect of which such charge or mortgage has been created or variation has been made.
### 9. -B. Registration of discharge certificates .
- Where any declaration or variation in respect of a charge, or mortgage of any land or interest therein or other immovable property has been registered in accordance with Section 9 and the amount of financial assistance secured thereby has been paid to the bank or the debt has been otherwise discharged, the bank shall issue a certificate to that effect and the provisions of the said section shall mutatis mutandis apply to the registration of such certificate.]
### 10. Restrictions on creation of tenancy by an agriculturist borrower.
(1) Notwithstanding anything contained in. any law relating to land tenures or any other law for the time being in force, an agriculturist who has availed himself of financial assistance from a bank by creating a charge or mortgage on land or interest therein shall not; so long as the financial assistance continues to be outstanding, lease or create any tenancy rights on such land or interest therein without prior permission in writing of the bank nor shall any such rights accrue to any person during that period by reason of unauthorised occupation or adverse possession over such land or interest.
(2) Any lease granted or tenancy rights created in contravention of this section shall be void.
[10-A. Removal of bar to attachment and sale by process of court.
[ Instituted by U.P. Act 19 of 1975, vide section 11 (w.e.f. 31- 3-1975)]
- Nothing in any law shall prevent in any manner a bank from causing any land or any interest therein charged or mortgaged to it by an agriculturist to secure any financial assistance, to be attached and sold through a civil-court and applying the proceedings of such sale towards all moneys due to it from that agriculturist including the costs and expenses as may be awarded by the court.
### 10. -B. Distraint and sale of produce and movables. - (1) Where any sum in respect of any financial assistance granted to an agriculturist remains unpaid on the date on which it falls due, the bank granting the financial assistance may apply to the Tahsildar having jurisdiction for the recovery of the sum due together with expenses of recovery, by distraint and sale of the movable property or the crop or other produce charged in favour of the bank.
(2) The provisions of the Limitation Act, 1963, shall apply in relation to an application under sub-section (1), as if such application were a suit in a civil court for sale of the movable property for enforcing recovery of the sum referred to in that sub-section.
(3) On receipt of an application under sub-section (1), the Tahsildar or any other official authorised by him may, notwithstanding anything contained in any other law for the lime being in force, take action in the manner prescribed for purposes of distraining and selling the property referred to in that sub-section.
(4) Any sum so recovered shall be transferred to the bank after deducting the expenses of recovery and satisfying the Government dues or other prior charge if any.]
Chapter IV
Recovery of Dues by Banks
-----------------------------------------
### 11. Recovery of dues of a bank through a prescribed authority.
- [(1) Notwithstanding anything contained in any law for the time being in force an officer specified by the State Government by notification in the Gazette (hereinafter referred to as the prescribed authority) may, on the application of a bank by order, direct that any amount due to the bank on account of financial assistance given to an agriculturist be paid by the sale of the land of any interest therein or other immovable property which is charged or mortgaged for the payment of such amount:
Provided that no order of sale shall be made under this sub- section unless the agriculturist has been served with a notice by the prescribed authority calling upon him to pay the amount due.
(1-A) The provisions of the Limitation Act, 1963 shall apply in relation to an application under sub-section (1) , as if such application were a suit in civil court for sale of the land or interest therein or other immovable property for enforcing recovery of the sum referred to in that sub-section.]
[ Substituted by U.P. Act 19 of 1975, vide Section 12(a) (w.e.f. 31-3-1975)]
(2) An order passed by the prescribed authority shall, subject to the result of appeal under Section 12, be final and be binding on the parties.
(3) Every order passed by the prescribed authority in terms of sub-section (1) or by the appellate authority under Section 12 shall be deemed to be a decree of a civil court and shall be executed in the same manner as a decree of such court by the civil court having jurisdiction.
(4) []
[ Old sub-section (4) , is deemed always to have been omitted by U.P. Act, 19 of 1975, vide Section 12 (b), and the new sub-sect ion (4) was again]
No suit for the recovery of any sum due to a bank on account of financial assistance given to an agriculturist shall lie in the civil court.
[11-A. Recovery in the case of personal security.
[Instituted by U.P. Act 19 of 1975, vide Section 13 (w.e.f. 31-3-1975)]
- (1) Where any amount of financial assistance is granted by a bank to an agriculturist and the agriculturist fails to pay the amount together with interest on the due date, then without prejudice to the provisions of Sections 10-B and 11, the local principal officer of the bank by whatever name called may forward to the Collector a certificate in the manner prescribed, specifiying the amount due from the agriculturist.
(2) The certificate referred to in sub-section (1) may be forwarded to the Collector within three years from the date when the amount specified in the certificate fell due.
(3) On receipt of the certificate, the Collector shall proceed to recover the agriculturist the amount specified therein together with expenses of recovery as arrears of land revenue, and the amount due to the bank shall be paid after deducting the expenses of recovery and satisfying any Government dues or other prior charges, if any.
Explanation. - For the purposes of this section, the expression "Collector" means the Collector of the district in which the agriculturist ordinarily resides or carries on the activities referred to in clause (a) of Section 2 or where any movable or immovable property of the agriculturist is situate, and includes any officer, authorised by him in that behalf].
### 12. Appeal.
(1) Any party aggrieved by an order of the prescribed authority under Section 11 may within a period of thirty days from the date of the order prefer an appeal to such appellate authority as may be specified by the State Government by notification in the Gazette.
(2) The appellate authority may after giving an opportunity of hearing to the parties, pass such order as it think fit.
[12-A. Right of a bank to acquire and dispose of immovable property.
[ Sections 12-A, 12-B and 12-C was omitted by U.P. Act 19 of 1975, vide Section 14 (w.e.f. 31-3-1975)]
- (1) Notwithstanding anything contained in any law for the time being in force, but subject to the provisions of sub-section (2), a bank shall have power to itself acquire any land or interest therein or any other immovable property which has been charged or mortgaged to it by an agriculturist in respect of any financial assistance granted to him. (2) Where a bank acquires any land or interest therein or any other immovable property under sub-section (1), it shall dispose of such land, interest or property by sale in favour of an agriculturist within a time to be prescribed, notwithstanding anything contained in any law for the time being in force.
(3) If the bank has to lease out any land acquired by it under sub-section (1), pending sale thereof as indicated in sub-section (2), the period of lease shall not exceed one year at a time, and the lessee shall not acquire any interest in that property notwithstanding any provisions to the contrary in any other law for the time being in force.
### 12. -B. Recovery of dues from legal representatives. - (1) Where an agriculturist dies before the dues in respect of any financial assisstance granted to him have been fully satisfied, the bank or the Tahsildar referred to in Section 10-B or the prescribed authority referred to in Section 11 or the Collector referred to in Section 11-A may proceed against the legal representatives of the agriculturist for the recovery of the dues.
(2) Where the proceedings are taken for the recovery against such legal representatives, they shall be liable only to the extent of the property of the deceased which has come to their hands and has not been duly disposed of and for the prupose of ascertaining such liability, the Tahsildar or the prescribed authority or the Collector, as the case may be, may suo motu or on application of the bank compel such legal representatives to produce such account as he or it thinks fit.
### 12. -C. Recovery of dues from sureties. - The provisions of this Act relating to the recovery of dues from an agriculturist and his legal representatives shall mutatis mutandis apply to the recovery of such dues from a surety who enters into a contract of guarantee to perform any promise of discharge the liability of an agriculturist in case of his default and to the legal representatives of such surety.]
Chapter V
Financing of Co-Operative Societies by Banks
-----------------------------------------------------------
### 13. Definition of Registrar.
- In this Chapter, Registrar means the Registrar of Co-operative Societies, Uttar Pradesh, and includes, except where the context otherwise requires, any other officer exercising the powers of Registrar of Co-operative Societies under the Uttar Pradesh Co-operative Societies Act, 1965.
[13-A. Bank eligible to become member of a Co-operative Society.
[Instituted by U.P. Act 19 of 1975, vide Section 15 (w.e.f. 31-3-1975)]
- Notwithstanding anything contained in the Uttar Pradesh Co-operative Societies Act, 1965, or any other law for the time being in force, it shall be lawful for a bank to become a member of a co-operative society.
### 13. -B. Power of Co-operative Societies to borrow from bank. - Nothing contained in Section 60 of the Uttar Pradesh Co-operative Societies Act, 1965, shall bar any co-operative society from borrowing from a bank for the purposes of this Act.]
### 14. Inspection of books of a co-operative society by a bank.
(1) A bank shall have the right to inspect the books of any co-operative society which has either applied to the bank for financial assistance or is indebted to the bank on account of financial assistance granted earlier.
(2) The inspection may be carried out by an officer or any other member of the paid staff of the bank with the previous sanction in writing of the Registrar..
(3) Such officer or other member of the staff of the bank, shall, at all reasonable times, have access to the books of accounts, documents, securities, each and other properties belonging to or in the custody of the co-operative society and shall also be supplied by such society such information, statements and returns as may be required by him assess the financial condition of society and the safety of financial assistance made or proposed to be made to the society.
### 15. Disputes between a bank and a co-operative society.
(1) Notwithstanding anything contained in the Uttar Pradesh Co-operative Societies Act, 1965 or any other law for the time being in force, any dispute touching the constitution, management or the business of a co-operative society, between a bank giving financial assistance to Co-operative Society and the Co-operative Society receiving such assistance, other than disputes regarding the disciplinary action taken by the society or its committee against a paid employee of the society shall be referred by cither of the parties to the dispute to the Registrar for decision.
[Explanation.
[Instituted by U.P. Act 19 of 1975, vide Section 16, (w.e.f. 31-3-1975)]
- A claim by a bank for the recovery of its dues from a co-operative society in respect of the financial assistance given to it shall be deemed to be a dispute which shall be referred to the Registrar under this sub-section.]
(2) Where any question arises whether, for purposes of the foregoing sub-section, a matter referred to for decision is a dispute or not, the question shall be decided by the Registrar whose decision shall be final.
### 16. Settlement of disputes.
(1) If the Registrar is satisfied that any matter referred to him or brought to his notice is a dispute within the meaning of Section 15, the Registrar shall decide the dispute himself or refer it for disposal to any other officer nominated by him.
(2) Where any dispute is referred under the foregoing sub-section for decision to the Registrar's nominee the Registrar may at any time, for reasons to be recorded in writing, withdraw such dispute from his nominee and may decide the dispute himself or refer it again for decision to any other officer nominated by him.
(3) The Registrar may, if he is of the opinion that the question at issue between a co-operative society and a bank is one involving complicated question of law and fact, by order stay action under sub-section (1), until the question has been tried by a regular suit instituted by one of the parties to the dispute. If however, no suit is instituted within two months of such order, the Registrar shall take action as is provided in sub-section. (1).
### 17. Decision of registrar or his nominee.
(1) When the dispute is referred for decision the Registrar or his nominee may, after giving a reasonable opportunity to the parties to the dispute to be heard, make an award in respect of the dispute, the expenses incurred by the parties to the dispute in connection with the proceedings and fees, expenses payable to the Registrar of his nominee. Such an award shall not be invalid merely on the ground that it was made after the expiry of the period fixed for deciding the dispute by the Registrar and shall, subject only to appeal to the Co-operative Tribunal constituted under Section 96 of the Uttar Pradesh Co-operative Societies Act, 1965, be binding on the parties to the dispute.
(2) Nothing in the Arbitration Act, 1940, shall apply to such reference or appeal.
(3) Any person aggrieved by an award of the Registrar or his nominee may within thirty days after the date on which the award is communicated to such person appeal to the Tribunal.
(4) The Tribunal after hearing an appeal under this section may pass such order as it may deem just.
### 18. Recovery of money award.
- Every award given by the Registrar or his nominee or on appeal by the Co-operative Tribunal under Section 17, shall be deemed to be a decree of a civil court and shall be executed in the same manner as a decree of such court by the civil court having jurisdiction.
### 19. Powers of a bank to proceed against defaulting members of a co-operative society.
(1) If a co-operative society is unable to pay its debts to a bank from which it has borrowed, by reason of its members defaulting in the payment of the moneys due by them, the bank may direct the committee of such society to proceed against such members by taking action under the Uttar Pradesh Co- operative Societies Act, 1965, (U.P. Act No. XI of 1966.)
(2) If the committee of the co-operative society fails to proceed against its defaulting members within a period of ninety days from the date of receipt of such direction from the bank, the bank itself may proceed against such defaulting members, in which event, the provisions of the Uttar Pradesh Co-operative Societies Act, 1965, the rules and the bye-laws made thereunder shall apply as if all references to the society or its committee in the said provision, rules and bye-laws were references to the bank.
(3) [Notwithstanding anything in the Uttar Pradesh Co-operative Societies Act, 1965, where a bank]
[Substituted by U.P. Act 19 of 1975, vide Section 17(a) (w.e.f. 31-3-1975), for the words "where a bank"]
has obtained against decree or award a co-operative society indebted to it the bank may proceed to recover such moneys firstly from the assets of the co-operative society and secondly from the members of the co-operative society to the extent of their debts due to the society:
[Provided that if any such member who was not a party to any proceedings referred to in sub-section (2) disputes the existence or amount of debt due from him to the society, the objection shall be decided in the appropriate execution proceedings.]
[Instituted by U.P. Act 19 of 1975, vide Section 17(b) (w.e.f. 31-3-1975)]
### 20. Audit inspection and inquiry reports of societies to be available to banks.
- The Registrar shall draw the attention of the bank financing a co-operative society to the defects noticed in every audit or inquiry or inspection of such society conducted under Chapter VIII of the Uttar Pradesh Co-operative Societies Act, 1965 (U.P. Act No. XI of 1966) and shall also supply, a copy each of such audit, inquiry or inspection report if demanded, in writing by the bank.
Chapter VI
Miscellaneous
-----------------------------
### 21. Exemption from legislation relating to money-lending and agriculturists debt relief.
- Nothing in any law for the time being in force dealing with money lending or agriculturists debts relief shall apply to financial assistance given to an agriculturist by a bank.
### 22. Mortgage executed by managers of joint Hindu families.
(1) Notwithstanding anything contained in any law for the time being in force, a mortgage or charge created after the commencement of this Act by the Karta of a joint Hindu family in favour of a bank for securing financial assistance shall be binding on every member of such joint Hindu family.
(2) Where a mortgage or charge created in favour of a bank is called in question on the ground that it was created by the manager of a joint Hindu family for a purpose which was not an agricultural purpose or on any other ground, the burden of proving the same shall lie on the party alleging it.
### 23. Modified application of Section 8 of Act XXXII of 1956.-
Section 8 of the Hindu Minority and Guardianship Act, 1956 shall apply to a mortgage or charge in favour of a bank for securing financial assistance, subject to the modification that reference to the court therein shall be construed as reference to the Collector or an Assistant Collector authorised by the Collector in that behalf and the appeal against the order of the Collector or such Assistant Collector shall lie to the Commissioner.
### 24. Application of Sections 4, 5 and 12 of Act No.-36 of 1963.
- The provisions of Sections 4, 5 and 12 of the Limitation Act, 1963, shall mutatis mutandis apply to all proceedings under this Act.
### 25. Power of the State Government to make rules.
(1) The State Government may, by notification in the Gazette, make rules for carrying out the purposes of this Act. [including any rules prescribing fees in respect of any proceeding under this Act.]
[Instituted by U.P. Act 19 or 1975, vide Section 18 (w.e.f. 31-3-1975)]
(2) Every rule made under this section shall be laid as soon as maybe after it is made, before each House of State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or more than one successive sessions and if, during the said period both Houses agree in making any modification in the rule or both House 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 such modification or annulment shall be without prejudice to the validity of anything previously done under that rule,
[SCHEDULE]
Declaration under Section 6 (1) of the Uttar Pradesh Agricultural Credit Act, 1963
Whereas, I....... ........ (aged................years.............), s/o ................................., r/o..............................., district......................................, am desirous of securing a sum of Rs...................(rupees.............................) as financial assistance from.............. .. Bank (..................branch);
And whereas, the aforesaid bank is willing to grant me the above amount as financial assistance for purposes of....................................;
I am, therefore, making this declaration under Section 6 (1) of the U.P. Agricultural Credit Act, 1973 and bind myself as well as my heirs and legal representatives by the following conditions, namely:
(1) That I am agriculturist as defined by Section 2 (b) of the U.P. Agricultural Credit Act, 1973.
(2) That I am bhumidhar/ [\* \* \* ]
[ The word "sirdar" omitted by U.P. Act 25 of 1979, vide Section 4 (w.e.f. 29-6-1979)]
asami/Government lessee/owner of the land or other immovable property specified below or I have the following interest in the land or other immovable property specified below.......................................................
(3) That I hereby create a charge on the said land or interest therein or other immovable property in favour of the aforesaid bank for securing financial assistance from such bank.
(4) That I shall repay the amount of financial assistance to the bank together with interest at the rate of..................per cent per annum, in the following manner............ .......................
(5) That if I fail to make payment in the manner stated above, the property charged may be proceeded against and I shall be liable for the costs as well as other charges and expenses of the bank, and for the costs, if any, that the bank may have to incur for recovering the sums due.
(6) That I shall spend and utilize the amount of financial assistance only for the purpose hereinbefore mentioned.
(7) That the contents of this declaration arc true to my personnel knowledge and no part of it is false or incorrect.
Description of the land or interest therein or other immovable property charged in favour of the bank
| | | | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
|
Name of village
|
Name of pargana and tehsil
|
Name of District
|
Survey No.
|
City survey No.
|
Boundaries area
|
Assessments
|
A proximate value
|
Encumbrances
|
Remarks, if any
|
|
Plot No.
|
Plot hissa
|
South-East
|
North-West
|
Hectares
|
Rupees
|
Paise
|
Nature
|
Amount
|
In witness whereof, I, Sri............................................. hereunder set my hand this..........................day of.................in the year one thousand nine hundred and...................... ............
WITNESSES :
Signed and delivered by the above named in the presence of
(1) (2)
Signature of Declarant.
Forwarded with compliments to the Sub-Registrar with a request to record the particulars of the charge created under the declaration in his office.
Manager/Agent,
.....................Bank,
Place.....................
Returned with compliments to the Manager/ Agent............... ...... Bank.....................The charge created under the declartion has been duly filed.
Sub-Registrar,
.
[ Substituted by U.P. Act 19 of 1975, vide Section 19 (w.e.f. 31-3-1975)]
|
65b9ea9bab84c7eca86ea3bf | acts |
State of Assam - Act
----------------------
Assam Requisition and Control of Vehicles Act, 1968
-----------------------------------------------------
ASSAM
India
Assam Requisition and Control of Vehicles Act, 1968
=====================================================
Act 5 of 1969
---------------
* Published on 26 April 1969
* Commenced on 26 April 1969
Assam Requisition and Control of Vehicles Act, 1968
(Assam Act
No. 5 of 1969
)
Last Updated 13th February, 2020
(Published in the Assam Gazette, Extraordinary, dated the 26th April, 1969)
An Act to provide for requisition and control of Vehicles
Preamble. - Whereas it is expedient to provide for the requisition and control of vehicles;
It is hereby enacted in the Nineteenth Year of the Republic of India as follows: -
### 1. Short title extent and commencement.
(1) This Act may be called the Assam Requisition and Control of Vehicles Act, 1968.
(2) It extends to the whole of the State of Assam
(3) It shall come into force with immediate effect.
### 2. Definitions.
- In this Act unless there is anything repugnant in the subject or context -
(a) "Court" means a principal Civil Court of original jurisdiction and includes the Court of Assistant District Judge or Munsiff whom the State Government may appoint, by name or by virtue of his office, to perform, concurrently with any such principal Civil Court, all or any of the functions of the Court under this Act within any specified local limits and, in the case of Munsiff, upto the limits of the pecuniary jurisdiction with which he is vested under section 19 of the Bengal, Agra and Assam Civil Court Act, 1887; (Act II of 1887)
(b) "Owner" includes where the person in possession of the vehicle is a minor, the guardian of such a minor, and in relation to a vehicle, which is the subject of a hire-purchase agreement the person in possession of the vehicle under that agreement;
(c) "Prescribed" means prescribed by the rules made under this Act;
(d) "State Government" means the Government of Assam;
(e) "Vehicle" means any vehicle used or capable of being used for the purpose of transport of persons or goods upon roads or inland waterways, whether propelled by mechanical power or not.
### 3. Power to requisition vehicles.
(1) If in the opinion of the State Government it is necessary or expedient so to do for purpose essential to the life of the community of for maintaining public order or for facility of public transport, it may pass an order in writing requisitioning any vehicle and may make such orders as may appear to it to be necessary or expedient in connection with such requisition.
(2) The State Government may requisition any vehicle by serving on the owner thereof, of where the owner is not readily traceable or the ownership is in dispute, by publication in the official Gazette, an order under sub-section (1).
(3) If the owner of the vehicle does not, after service of the order in the manner provided in sub-section (2), place the vehicle in the possession of the officer or authority mentioned therein, such officer or authority may seize the vehicle from any person who may for the time being be in possession thereof.
(4) Where the State Government has requisitioned any vehicle it may use or deal with in such manner as may appear to it to be expedient.
### 4. Payment of compensation.
(1) Whenever in pursuance of section 3, the State Government requisition any vehicle, there shall be paid to the owner such compensation as may be determined by the State Government.
(2) While determining the compensation under sub-section (1), the State Government shall take into consideration -
(a) The model, make, type, class and condition of the vehicle;
(b) The loss of earning, if any, sustained by the owner by reason of requisition;
and fix the compensation at such rate as the State Government may deem fair.
(3) The compensation fixed under sub-section (2) shall be paid by the officer or authority requisitioning the vehicle; such officer or authority shall not be bound to pay any dues outstanding on mortgages and other encumbrances of the requisitioned vehicle.
### 5. Release from requisition.
(1) The officer or authority requisitioning a vehicle may at any time release the vehicle from requisition and when it is decided so to do, a notice in writing shall be served on the owner to take delivery of the vehicle on or within such date and from such place and such person as may be specified therein.
(2) With effect from such date no further liability for compensation or payment of any other kind shall lie with the officer or authority requisitioning the vehicle;
Provided that such officer or authority may make such further payment on account of compensation for any material damage done to the vehicle during the period of requisition, as assessed in the manner mentioned in sub-section (2) of section 4 of this Act.
(3) The delivery of possession of the vehicle to the owner or his accredited agent shall be a full discharge of any liability of the State Government to deliver possession to such person as may have rightful claim to possession thereof but shall not prejudice any right in respect of such vehicle which any other person may be entitled by due process of law to enforce against the person to whom possession of the vehicle is so delivered.
(4) If the owner fails to take delivery of the vehicle on or within the specified date the officer or authority who passed the order to release the vehicle may dispose of the same thereafter:
Provided that such officer or authority shall be competent to allow to the owner such extension of time as he/it may deem proper without any liability for any compensation or other payment for the period of extension.
(5) The disposal of a vehicle under sub-section (4) shall be by public auction and at the risk of the owner and the sale proceeds shall be made over to the owner after deducting any expenditure incurred by the officer or authority releasing the vehicle due to the owner not taking delivery of it on or within the specified date.
### 6. Reference to Court.
- If the owner of the vehicle is aggrieved by the amount of compensation so determined, he may make an application to the State Government for referring the matter to the Court.
### 7. Power to obtain information.
- The State Government may, with a view to requisitioning any vehicle under section 3 or determining the compensation payable under section 4, by order -
(a) Require any person to furnish to such officer or authority as may be specified in the order such Information in his possession relating to the vehicle as may be specified;
(b) Direct that the owner or the person in possession of the vehicle shall not without the permission of the State Government dispose of it or remove it till be expiry of such period as may be specified in the order from the premises of the place in which it is kept.
### 8. Power to inspect.
- Without prejudice to any power otherwise conferred by this Act any person authorised in this behalf by the State Government may enter any place or premises and inspect any vehicle for the purpose of determining whether and if so, in what manner an order under this Act should be made in relation to such vehicle or with a view to securing compliance with any order made under this Act.
### 9. Restriction or removal of accessories.
- No owner of any vehicle or any person in possession of it shall after service of order under section 3 remove or allow to be removed any part, tyre, tube or any other accessory or in any way injure the vehicle or permit it to be injured so as to reduce the usefulness of such vehicle.
### 10. Control of vehicle.
- Notwithstanding any other provision of this Act the State Government may, by order-
(a) Regulate, restrict or give directions with respect to the use of any vehicle for the purpose of transport of passenger or goods by road or river;
(b) Require any person owning, or employed in connection with, or having in his possession or under his control, any vehicle to comply with any directions given by any person specified in, or duly authorised in pursuance of the order; and such directions may require the person owning or employed in connection with, or having in his possession or under his control any vehicle to use such vehicle for the conveyance of such persons or goods at such time and by such routes as may be set forth in the directions;
(c) Prescribed the conditions subject to which, and the rates at which, any vehicle may be hired for the purpose of transport of persons or goods by road or river, and the conditions subject to which goods so carried or to be carried may be discharged or loaded;
(d) Provide for prohibiting or restricting the carriage of persons or goods of any class by any route and for prescribing the radius or distance within which persons or goods of any class may be carried by any route;
(e) Make such other provisions in relation to transport by any vehicle by road or inland water as appear to the State Government to be necessary or expedient for securing public safety, the maintenance of public order or for maintaining supplies and services essential to the life of the community;
Provided that any order or direction made under this Act or under any rule made under section 17 of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument have effect by virtue of any enactment other than this Act.
### 11. Delegation of function.
- The State Government may, by order, direct that any power or duty which is conferred or imposed on the State Government by this Act shall in such circumstances and under such conditions, if any, as may be specified in that direction, be exercised or discharged by any officer or authority subordinate to it.
### 12. Compliance with order or direction.
- Any person on whom an order is served or to whom a direction is made under provisions of this Act shall carry out such order or direction in such manner and within such time as may be specified therein.
### 13. Protection of action taken under the Act.
(1) No suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done in pursuance of this Act or any rules made thereunder or any order issued under any such rule.
(2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused by anything in good faith done or intended to be done in pursuance of this Act or any rule made thereunder or any order issued under any such rule.
### 14. Savings.
(1) No order made in exercise of any power conferred by or under this Act shall be called in question in any Court of law.
(2) Where any order purports to have been made or signed by any authority in exercise of any power conferred by or under this Act, a Court shall, within the meaning of Indian Evidence Act, 1872, presume that such order was so made by that authority. (Act I of 1872)
### 15. Penalties.
- If any person contravenes any order or direction made under this Act, he shall be punishable with imprisonment for a term, which may extend to six months or fine not exceeding one thousand rupees or with both.
### 16. Power to arrest without warrant.
- Any police officer of or above the rank of Sub-Inspector may arrest without warrant any person who is reasonably suspected of having committed an offence punishable under this Act.
### 17. Power to make rules.
(1) The State Government may, 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 the Assam Legislative Assembly while it is in Session for a total period of fourteen days which may be comprised in one Session or in two successive Sessions, and if, before the expiry of the Session in which it is so laid for the Sessions immediately following the Assam Legislative Assembly agree in making any modification in the rule or the Assam Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
### 18. Repeal and Savings.
(1) The Assam Requisition and Control of Vehicle Ordinance, 1968 is hereby repealed. (Assam Ordinance IV of 1968)
(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 this Act as if this Act had commenced or the thirteenth day of July 1968 (The date of promulgation of the Ordinance).
|
65b8f82fab84c7eca86e8141 | acts |
State of Karnataka - Act
--------------------------
Karnataka Prohibition of Admission of Students To The Un-Recognised and Un-Affiliated Educational Institutions Act, 1992
--------------------------------------------------------------------------------------------------------------------------
KARNATAKA
India
Karnataka Prohibition of Admission of Students To The Un-Recognised and Un-Affiliated Educational Institutions Act, 1992
==========================================================================================================================
Act 7 of 1993
---------------
* Published on 1 January 1993
* Commenced on 1 January 1993
Karnataka Prohibition of Admission of Students To The Un-Recognised and Un-Affiliated Educational Institutions Act, 1992
(Karnataka Act
No. 7 of 1993
)
Last Updated 10th December, 2019
Statement of Objects and Reasons - (Act
7 of 1993
). - It is considered necessary to prohibit admission of students to the un-recognised and un-affiliated educational institutions in order to effectively curb this practice in public interest by legislation and provide for matters relating thereto;
Power is also taken by the State Government to issue direction in certain cases, to conduct examination for the students who have not been allowed to appear for the examination during the academic year 1991-92, in the interest of such students.
The Karnataka Prohibition of admission of students to the Un-recognised and Un-affiliated Educational Institution Ordinance, 1992 was promulgated for the above purpose. This Bill seeks to replace the aid Ordinance.
Hence the Bill.
(Obtained from L.A. Bill No. 22 of 1992).
(First Published in the Karnataka Gazette Extraordinary on the Tenth day of February, 1993)
(Received the assent of the Governor on the Tenth day of February 1993)
An Act to provide for prohibition of admission of students to the un-recognised and un-affiliated educational Institutions in the State of Karnataka and matters relating thereto.
Whereas the practice of admitting students to un-recognised and un-affiliated Educational Institutions is widespread in the State;
And whereas this undesirable practice besides contributing to large scale commercialisation of education has not been conducive to the maintenance of educational standards;
And whereas it is considered necessary to effectively curb this evil practice in public interest by providing for prohibition of admission of students to the un-recognised and unaffiliated Educational Institutions and matters relating thereto;
And whereas it is expedient to provide for prohibition of admission of students to un-recognised and un-affiliated Educational Institutions and matters relating thereto;
Be it enacted by the Karnataka State Legislature in the Forty-third Year of the Republic of India as follows:-
### 1. Short title and commencement.
(1) This Act may be called the Karnataka Prohibition of Admission of Students to the Un-recognised and Un-affiliated Educational Institutions Act, 1992.
(2) It shall be deemed to have come into force on the Twenty-eighth day of May 1992.
### 2. Definitions.
- In this Act unless the context otherwise requires,-
(a) 'commerce education' means education in Shorthand and Typewriting, Book-keeping and Accountancy, Commerce, Office Practice and Procedure, Salesmanship and Marketing, Banking Practice, Insurance Practice and such other subjects as may be notified by the State Government;
(b) 'Commerce Institution' means any institution imparting commerce education and presenting students for examinations conducted by the Karnataka State Secondary Education Examination Board;
(c) 'Competent Authority' means any person, officer or authority authorised by the State Government, by notification, to perform the functions and discharge the duties of the competent authority under all or any of the provisions of this Act for such area or for such purposes or for such classes of institutions as may be specified in the notification;
(d) 'Educational Institution' means any institution by whatever name called other than Commerce Institution, whether managed by Government, Private body, Local Authority, Society, Trust, University or any other person carrying on the activity of imparting education in General Education, Professional Education, Medical Education, Technical Education, leading to a degree conferred or Diploma granted by a University established under the Karnataka State Universities Act, 1976 (Karnataka Act 28 of 1976) or grant of Diploma or Certificate by any Authority and any other Educational Institution, or class or classes of such Institution, as the State Government may by notification specify;
(e) 'general education' means every branch of education other than religious, professional, medical, technical or special education;
(f) 'medical education' includes education in modern scientific medicine, in all its branches, including education in Pharmacy and Dental Education, Ayurvedic System of Medicine, Indigenous Medicine, Naturopathy, Siddha or Homeopathy;
(g) 'special education' means education for the handicapped, education in music, dance, drama, fine arts, physical education including sports and games and such other types of education as the State Government may by notification, in that behalf specify;
(h) 'society' includes a society registered under the Karnataka Societies Registration Act, 1960 (Karnataka Act
No.17 of 1960
), or the Karnataka Co-operative Societies Act, 1959 (Karnataka Act
11 of 1959
) or a trust registered under the Bombay Public Trust Act, 1950 or any association of individuals whether registered or not.
(i) 'Technical Education' means any course of study in Engineering, Technology, Architecture, Ceramics, Industrial Training, Mining or in any other subject, as the State Government may, by notification, specify.
### 3. Prohibition of admission of students to un-recognised and un-affiliated educational institutions.
- No student shall be admitted to an educational institution, unless such educational institution has been,-
(i) granted permission or has been recognised by the State Government or by the University or by a Board or any authority by whatever name called which is competent to grant such permission or recognition as the case may be, in accordance with the provisions of any law for the time being in force or rules made thereunder or any order issued by the State Government in this behalf.
(ii) affiliated to any University established under the Karnataka State Universities Act, 1976 (Karnataka Act 28 of 1976); and
(iii) granted affiliation to a course of study.
### 4. Prohibition of admission of students in excess of intake.
(1) [No]
[Inserted by Corrigendum published as No. 558 in Karnataka Gazette (Extraordinary) dated 26.7.1993.]
Educational Institution shall admit students in excess of intake fixed by the University or the State Government, Board or any other authority in respect of such institution or course of study and any admission made in excess of such intake shall be invalid.
(2) No student admitted in contravention of this section or section 3 shall be eligible to appear for any examination conducted by the State Government or the University or a Board or any authority.
Explanation. - For the purpose of this section educational institution means, any institution or college conducting courses leading to a Degree or Diploma or Certificate in Education or Physical Education, Engineering, Medical, Pharmacy and Dental Education and such other institution as the State Government may, by notification, specify.
### 5. Power to issue directions.
- Notwithstanding anything contained in this Act or in any law for the time being in force, where students have been admitted to a new college or to a new course of study in an existing college, to which affiliation has not been granted or where students have been admitted in excess of the intake prior to the commencement of this Act and where such students have not been allowed to appear for the examination held during the academic year 1991-92, the State Government may, if it considers necessary so to do, issue direction to the Karnataka State Secondary Education Examination Board, the Pre-University Education Board, or any other authority which conducted such examination for the said academic year or to the University established under the Karnataka State Universities Act, 1976 (Karnataka Act 28 of 1976) subject to the provisions of section 57 of the Karnataka State Universities Act, 1976 (Karnataka Act 28 of 1976) and subject to such conditions as may be specified in such direction, to conduct the examination for such students within four months from the date of commencement of this Act and to permit them to appear for such examination and it shall be the duty of such Board or authority or the University to comply with such directions.
### 6. Penalties.
- Whoever contravenes the provisions of this Act or the rules or order made or issued thereunder or any other rules or order made or issued by the State Government in respect of admission or intake of students and matters connected therewith shall, on conviction, be punishable with imprisonment for a term which shall not be less than one year but which shall not exceed three years and with fine which may extend to three thousand rupees and when the offence is a continuing one with a daily fine not exceeding two hundred and fifty rupees during the period of the continuance of the offence.
### 7. Offence 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 the offence was committed, was incharge of and was responsible to the company for the conduct of business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he has exercised all due deligence to prevent the commission of such offence.
(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 attributable to any neglect on the part of the company such director, manager, secretary or other officer shall be deemed to be guilty of the 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 trust, a firm, a society or other association of individuals, and
(b) 'Director' in relation to,-
(i) a firm means partner in the firm;
(ii) a society, a trust or other association of individuals means the person who is entrusted under the rules of the society, trust or other association with management of the affairs of the society, trust or other association as the case may be.
### 8. Cognizance of offences.
- No court shall take cognizance of any offence punishable under the Act save on the complaint made by the competent authority or such officer authorised in this behalf by the competent authority.
### 9. Act to override other laws.
- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being inforce.
### 10. Protection of act done in good faith.
- No suit, prosecution or other legal proceeding shall be instituted against the Government or any officer, authority or person empowered to exercise the powers or perform the functions by or under this Act for anything which is in good faith done or intended to be done under this Act or under the rules, notifications, or orders made thereunder.
### 11. 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 notification issued and every rule made under this Act shall immediately after it is issued or 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 thirty days which may be comprised in one session or two or more successive sessions and if before the expiration of the sessions in which it is so laid or the session immediately following both Houses agree in making any modification in the notification or rule or in the annulment of the notification or rule the notification or 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 notification or rule.
### 12. 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 difficulties:
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.
### 13. Repeal and savings.
(1) The Karnataka Prohibition of Admission of Students to the Un-recognised and Un-affiliated Education Institutions (No.2) Ordinance, 1992 (Karnataka Ordinance 11 of 1992) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
|
65b908b6ab84c7eca86e82d7 | acts |
State of Telangana - Act
--------------------------
Telangana Non-Trading Companies Act, 1962
-------------------------------------------
TELENGANA
India
Telangana Non-Trading Companies Act, 1962
===========================================
Act 2 of 1962
---------------
* Published on 5 February 1962
* Commenced on 5 February 1962
Telangana Non-Trading Companies Act, 1962
(Act
No. 2 of 1962
)
Last Updated 11th January, 2020
The Andhra Pradesh Non-Trading Companies Act, 1962 received the assent of the Governor on the 5th February, 1962. The said Act in force in the combined State, as on 02.06.2014, has been adapted to the State of Telangana, under section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws Order, 2016, issued in G.O.Ms.No. 45, Law (F) Department, dated 01.06.2016.
### 1. Short title, extent, commencement and application.
(1) This Act may be called the [Telangana]
[Substituted by G.O.Ms.No. 45, Law (F) Department, dated 01.06.2016.]
Non-trading Companies Act, 1962.
(2) It extends to the whole of the State of [Telangana]
[Substituted by G.O.Ms.No. 45, Law (F) Department, dated 01.06.2016.]
.
(3) It shall be deemed to have come into force on the 1st April, 1956.
(4) It shall apply to a company as defined in section 2 of this Act.
### 2. Definition.
- In this Act, a 'company' means a company formed and registered under this Act, or an existing company formed and registered under any of the previous laws specified in 3 sub-clause (ii) of clause (1) of section 3 of the Companies Act, 1956 (Central Act I of 1956), and which is a non-trading corporation with objects confined to the State of Telangana falling within the scope of entry 32 in List II of the Seventh Schedule to the Constitution of India.
### 3. Application of Central Act I of 1956 to companies to which this Act applies.
- The provisions of [the Companies Act, 1956]
[The Companies Act, 1956 is repealed and the Companies Act, 2013 (Central Act 18 of 2013) is in force.]
(Central Act I of 1956), shall, so far as may be, apply to the incorporation, regulation and winding up of companies to which this Act applies:
Provided that -
(i) the powers conferred on the Central Government by those provisions shall be exercisable and may be exercised by the State Government;
(ii) the State Government shall be competent by notification in the [Telangana]
[Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.]
Gazette, to delegate all or any of such powers to any subordinate officer or authority specified in the said notification;
(iii) the State Government shall have power by like notification to relax, omit, add to or vary any provision of the aforesaid Central Act, in relation to companies to which this Act applies;
(iv) the powers, duties and functions of the Registrar under the said provisions shall be exercised, discharged and performed by such person as may be appointed by the State Government by name or by virtue of office to be the Registrar in relation to companies to which this Act applies.
### 4. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of [the Companies Act, 1956]
[The Companies Act, 1956 is repealed and the Companies Act, 2013 (Central Act 18 of 2013) is in force.]
(Central Act I of 1956), in relation to companies to which this Act applies, the State Government may, as occasion may require, by order in the [Telangana]
[Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.]
Gazette, make such adaptations or modifications of the said provisions not affecting the substance, or give such directions not inconsistent with the purposes of this Act, or of the said provisions, as appear to them necessary or expedient for removing the difficulty.
### 5. Repeal of Central Act VII of 1913 and Hyderabad Act IV of 1320 Fasli.
- The provisions of the Indian Companies Act, 1913 (Central Act VII of 1913), and the Hyderabad Companies Act, 1320 Fasli (Hyderabad Act IV of 1320 Fasli), in so far as they relate to the incorporation, regulation and winding up of companies which are non-trading corporations with objects confined to the State of [Telangana]
[Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.]
falling within the scope of entry 32 of List II of the Seventh Schedule to the Constitution of India, are hereby repealed.
|
65ba6c3dab84c7eca86eb429 | acts |
Union of India - Act
----------------------
The Packaged Commodities (Regulation) Order, 1975
---------------------------------------------------
UNION OF INDIA
India
The Packaged Commodities (Regulation) Order, 1975
===================================================
Rule THE-PACKAGED-COMMODITIES-REGULATION-ORDER-1975 of 1975
-------------------------------------------------------------
* Published on 28 July 1975
* Commenced on 28 July 1975
The Packaged Commodities (Regulation) Order, 1975
Last Updated 26th July, 2019
In exercise of the powers conferred by sub-rule (2) of Rule 114 of the Defence and Internal Security of India Rules, 1971, and in supersession of. the Order of the Government of India in the Ministry of Industries and Civil Supplies (Department of Civil Supplies and Co-operation), No. S.O. 389 (E), dated the 28th July, 1975, the Central Government hereby makes the following order, namely,-
### 1. Short title, extent and commencement.
(1) This Order may be called the Packaged Commodities (Regulation) Order, 1975.
(2) It extends to the whole of India.
(3) It shall come into force on the 2nd day of October, 1975.
### 2. Definitions.
- In this Order, unless the context otherwise requires,-
(a) "appointed day" means the day on which this Order comes into force;
(b) "batch" means,-
(i) in the case of packages which have been stored, where the total number of such packages does not exceed 100, all such packages, and, when the total number exceeds 100 but does not exceed 10,000 all the packages of the same type and of the same production run;
(ii) in the case of packages which are on or at the end of the packing line, the maximum hourly output of packages;
(c) "combination package" means a package intended for retail sale, containing two or more individual packages, or individual pieces, of dissimilar commodities;
(d) "commodity in packaged form" means a commodity which has been pre-packed, whether in any bottle, tin, wrapper or otherwise, in units suitable for sale, whether wholesale or retail, and such pre-packaging has been so made as to ensure that the commodity in the packaged form cannot be used or consumed without the package or its lid or its cap, as the case may be, being opened;
(e) "dealer" in relation to any commodity in packaged form, means a person who, or a firm or a Hindu undivided family which, carries on, directly or otherwise, the business of being, selling, supplying or distributing any such packaged commodities whether for cash or for differed payment or for commission, remuneration or other valuable consideration, and includes a commission agent who carries on such business on behalf of any principal, but does not include a manufacturer or manufacturers of any commodity which is sold or distributed in packaged form except where such commodity is sold by such manufacturer [or any person other than a dealer]
[Added by Notification No. SO 520 (E) , dated 2.8.1976.]
;
(f) "drained weight" in relation to a solid commodity contained in a free flowing liquid, means the weight of such solid commodity after the liquid has been drained for a period of two minutes;
(g) "fancy package" means a package, the container of which has a fancy trade value of its own, in addition to the value of the commodity contained in such package;
(h) "group package" means a package intended for retail sale, containing two or more individual packages or individual pieces, of similar but not identical, [whether in quantity or size]
[Substituted by Notification No. SO 520 (E) , dated 2.8.1976, for the words 'or dissimilar'.]
commodities;
(i) "label" means any written, marked, stamped, printed, or graphic matter affixed to, or appearing upon, any commodity or package containing any commodity;
(j) "manufacturer" in relation to any commodity in packaged form means a person who, or a firm or a Hindu undivided family which/produces, makes or manufactures such commodity and includes a person, firm or Hindu undivided family who or which puts or causes to be put any mark on any packaged commodity, not produced, made or manufactured by him or it, and claims the commodity in the package to be a commodity produced, made or manufactured, by him or it;
(k) "maximum permissible error" in relation to the quantity contained in an individual package, means an error, in deficiency or excess, which does not exceed,-
(i) in relation to commodities specified in the First Schedule, the limits or error specified in that Schedule];
(ii) in relation to commodities not specified in the First Schedule, the limits of error specified in the Second Schedule;
(l) "multi-piece package" means a package containing two or more individually packaged or labelled pieces of the same commodity, [of identical quantity]
[Substituted by Notification No. SO 520 (E) , dated 2.8.1976.]
, intended for retail sale, either in individual pieces of the package or as a whole;
(m) "pre-packed commodity" means a commodity which without the purchaser being present, is placed in a package, of whether nature, [so that the product or the quantity of the product]
[Substituted by Notification No. SO 520 (E) , dated 2.8.1976.]
contained therein has a pre-determined value and such value cannot be altered without the package or its lid or its cap, as the case may be, being opened or undergoing a perceptible modification;
(n) "price" in relation to a commodity in packaged form, means any one of the following prices, namely:
(i) ex-factory price [inclusive of commission payable to wholesalers and retailers and of other charges, including advertising, delivery, packing, forwarding and the like; and]
[Substituted by Notification No. SO 520 (E) , dated 2.8.1976.]
exclusive of freight. Central Sales Tax and any tax which may be levied and collect under any law for the time being in force for the retail sale of the package;
(ii) where the package is sold free on rail at the destination the price payable at such destination;
(iii) the price of the package exclusive of any tax which may be levied and collected under any law for the time being in force;
(iv) the retail sale price of the package;
(o) "retail package" means a package containing any commodity which is produced, distributed or displayed, delivered or stored, for sale through retail sales agencies or other instrumentalities for consumption by an individual or a group of individuals;
(p) "retail sale price" means the maximum price at which the commodity in packaged form may be sold to the ultimate consumer, inclusive of all taxes, commissions, transport charges and other dues;
(q) "schedule" means a schedule to this Order;
(r) "wholesale package" means a package, other than a retail package, containing a commodity for wholesale delivery, distribution or sale or for transport or storage of a number of retail packages.
### 3. Particulars to be indicated on every package.
(1) On and from the appointed day, on person shall pre-pack for retail sale, or cause to prepacked for retail sale, any commodity unless each retail package in which such commodity is pre-packed bears thereon or on a label securely affixed thereto, a declaration as to-
(i) the identity of the commodity in the package:
Provided that where the commodity is easily and correctly identifiable through a transparent container, no declaration as to the identity of such commodity shall be necessary;
(ii) the quantity, in terms of standard units of weight or measure of the commodity in the package or, where the commodity is packaged or sold by number, the accurate number of the commodity contained in the package.
Explanation. - In the case o£ a solid commodity contained in a free flowing liquid, the quantity to be stated on the package or on the label thereon, shall be drained weight of such solid commodity;
(iii) the month and the year in which the commodity is [manufactured or pre-packed]
[Inserted by Notification No. SO 520 (E) , dated 2.8.1976.]
:
Provided that no declaration as to the month and the year in which the commodity is [manufactured on pre-packed]
[Substituted by Notification No. SO 520 (E) , dated 2.8.1976.]
shall be required to be made on-
(a) a bottle containing liquid milk or aerated water;
(b) [ any package containing bread and any uncanned package of vegetables, fruits, ice-cream, butter, cheese, fish, meat or the like.]
[Substituted by Notification No. SO 520 (E) , dated 2.8.1976.]
(c) any package containing steel products;
(d) any cylinder containing liquid petroleum gas or any other gas:
Provided further that where any packaging material, bearing thereon the month in which any commodity was expected to have been pre-packed, is not exhausted during the month, such packaging material may be used for pre-packing the concerned commodity produced or manufactured during the next succeeding month but not thereafter, and, where any such packaging material is exhausted before the expiry of the month, packaging material intended to be used during the next succeeding month may be used for pre-packaging the concerned commodity.
Explanation. - The month and year in which a commodity packed may be expressed in words, or numerals, indicating the month and the year; and
(iv) the price of the package:
Provided that no declaration as to the price shall be required to be made on-
(a) [ any uncanned package of vegetables, fruits, ice-cream, butter, cheese, fish, meat or the like;]
[Substituted by Notification No. SO. 520 (E) , dated 2.8.1976.]
(b) any bottle containing liquid milk, aerated water, alcoholic beverages, spirituous liquor or the like;
Explanation. - "Liquid milk" does not include condensed milk;
(c) any package containing a commodity for which any controlled price has been fixed by or under any law for the time being in force.
(2) Where a package in which a commodity has been pre-packed is opened and the commodity contained therein is sold to one or more persons, the price to be charged from the purchaser shall bear the same proportion to price of the package as the quantity sold to the purchaser bears to the total quantity contained in the package.
(3) Notwithstanding anything contained in sub-paragraph (1), the manufacture or, where the manufacturer is not the packer, the packer, may pre-pack or cause to be pre-packed, any commodity without indicating on the package the price of the package if such package is intended to be delivered to a wholesaler, and in the case of such a package, the wholesaler shall, before any such package is issued for retail sale, securely affix on each such package or the label thereon the retail sale price of this package and such price shall be affixed in accordance with the price communicated to him by the manufacturer, or where the manufacturer is not to the packer, the packer.
[(3-A) It shall be the duty of the manufacturer, or, where the manufacturer is not the packer, of the packer, to ensure that the provisions of sub-paragraph (3) are complied with by the wholesaler.]
[Added by Notification No. SO. 520 (E) , dated 2.8.1976.]
(4) Where indication on a package of its net contents and the price is either impossible or impracticable by reason of the size or nature of such package, a label, stamp, sign or tag indicating the net contents and the price shall be attached to each such package.
(5) The declaration, on a package, as to the quantity contained in the package shall be exclusive of wrappers and the material other than the commodity contained in the package:
Provided that where a package contains a large number of small items of confectionery, each of which is separately wrapped and it is not reasonably practicable to exclude from the net weight, the weight of the wrappers of all the confectionery contained in the package, the net weight declared on the package or on the label thereon may include the weight of such wrappers.
(6) Where a package is provided with an outside container or wrapper, such wrapper or container shall also contain all the information which are required to bear on the package except where such container or wrapper itself is transparent and information on the package itself are easily readable through such outside wrapper or container.
(7) The statement on a package or label as to the net weight measure or number of the contents thereof shall not include an expression which tends to qualify such weight measure or number:
Provided that when the commodity contained in the package is such that it is likely to lose or gain weight [or measure]
[Added Notification No. S.O. 520 (E) , dated 2.8.1976.]
by reason of the climatic conditions, the net weight or measure indicated on the package or label may be qualified by the words "when packed".
(8) Where any package containing commodity (pre-packed on or after the appointed day) or the label thereon bears a representation thereon as to the number or servings of the commodity contained therein such, package or label shall also bear thereon a statement as to the net quantity, in terms of weight, measure or number, for each such serving.
### 4. Name and address of the packer to be indicated on the each package.
- Every package referred to in paragraph 9 shall also bear thereon the name and complete address of the manufacturer, or, where manufacturer is not the packer, of the packer:
Provided that where by reason of the smallness of a package it is not reasonable practicable to indicate the name and complete address of the manufacturer or packer, on the package it shall be sufficient compliance with this paragraph if a mark or inscription which would enable the consumer to identify the manufacturer or packer, as the case may be, is made on such package.
Explanation. - "Complete address" means, in the case of a company, the address at which its registered office is situated, and, in any other case the name of the street, number (if any) assigned to the premises of the manufacturer or packer and either the name of the city and State where the business is carried on by the manufacturer or packer on the PIN Code.
### 5. Sale, delivery and distribution of packaged commodities not complying with the provisions of paragraphs 3 and 4, prohibited.
(1) No dealer or other person shall sell, deliver or distribute, or cause to be sold, delivered or distributed, or offer, expose or possess for sale, any commodity in a packaged form which was pre-packed on or after the appointed day unless such package complies with the requirements of paragraphs 3 and 4:
Provided that nothing in this sub-paragraph shall apply to any commodity in packaged form which is imported into India.
(2) On and from the appointed day, every dealer or other person who makes a retail sale of a commodity in packaged form shall, except where the retail sale price is already indicated on such package, indicate the retail sale price on each package but where it is not reasonably practicable to indicate the retail sale price on every package, he shall display, prominently and at a conspicuous place of the premises in which he carries on such retail sale, the retail sale price of the commodity contained in such package [and also a list indicating the rates at which local taxes (including Central Sales Tax, if not included in the price indicated on the package) are leviable on the commodities in packages sold by him.]
[Inserted by Notification No. SO. 520 (E) , dated 2.8.1976.]
(3) In indicating the retail sale price on a package, the person who makes a retail sale, shall adhere to the price list, if any, supplied to him by the manufacturer or packer.
(4) No dealer or other person shall make any retail sale of a commodity in a packaged form at a price exceeding the retail sale price thereof:
Provided that-
[(a) thereafter any commodity has been pre-packed for sale, any tax payable in relation to such commodity, is increased or any fresh tax is imposed on such commodity, the dealer shall not make any retail sale of such commodity, at a price exceeding the revised retail price communicated to him by the manufacturer or, where the manufacturer is not the packer, the packer, and it shall be the duty of the manufacturer or packer, as the case may be, to indicate, by not less than two advertisements in one or more newspapers, as also by circulation of notices to the dealers and to the Central Government and State Government and the Government of the Union Territories, the revised prices of such package; but the difference between the price marked on the package and the revised prices shall not in any case, be higher than the extent of the increase in the tax or, in the case of imposition of a fresh tax, higher than the fresh tax so imposed;
(b) the dealer shall not charge such revised prices in relation to any package except those packages which bear markings indicating that they were pre-packed in the month in which such tax has been increased or fresh tax has been imposed or the month immediately following the month aforesaid;
(c) where the revised prices are lower than the price marked on the package, the dealer shall not charge any price in excess of the revised prices irrespective of the month in which such commodity was pre-packed:
Provided further that nothing contained in the foregoing proviso shall apply to a package which is not required, under this order, to indicate the month and the year in which it was pre-packed.]
[Added by Notification No. S.O. 193 (E) , dated 15.3.1976.]
### 6. Manner of declaration.
- Every declaration which is required to be made on a package under this order shall be-
(a) a legible, prominent, definite and plain;
(b) conspicuous as to size, number and colour;
(c) in such style or type of lettering as to be boldly, clearly and conspicuously presented in distinct contrast to the other type, lettering or graphic material used on the package;
and shall be printed, painted, inscribed or otherwise made on the package in a colour which contrasts conspicuously with the background of the label:
Provided that where whole of such information is blown, formed or molded on a glass or plastic surface or where the information is embossed or perforated on a package, such information shall not be required to be presented in a contrasting colour.
### 7. Declarations on combination and other packages.
(1) The declarations on a combination package shall contain an indication of the net weight, measure or number, as the case may be, in respect of each commodity contained to the package and the price of the combination package, and where individual commodities in the combination package are packaged and labeled separately each such individual commodity shall bear thereon a declaration as to the net quantity contained in such individual piece and the price thereof.
(2) The declaration on a group package shall contain the number of pieces of such commodity contained in such package, followed by the net weight measure or number, as the case may be, the total number of pieces contained in group package and the price of the group package; and where the individual pieces in a group package are packaged and labeled separately and are capable of being sold as individual pieces, each such individual pieces shall bear thereon a declaration as to the net quantity contained in such individual piece and the price thereof.
(3) Every multi-piece package shall bear on the outside of the package a declaration of the number of individual pieces of the commodity contained therein, the total quantity contained in the multi-piece package [the month and the year in which the commodity was manufactured or pre-packed, name and address of the manufacturer, or where the manufacturer is not the packer, of the packet]
[Inserted by Notification No. SO. 520 (E) , dated 2.8.1976.]
, and the price of the multi-piece package; and when the individual piece of a multi-piece package is packaged and labelled separately and is capable of being sold separately, each such individual piece shall bear thereon a declaration as to the quantity contained in such individual piece and the price thereof.
(4) [ Where the dimensions and weight, or combination thereof, of a commodity has or have a relationship to the price of that commodity, the declaration of quantity on the package containing such commodity shall also include a declaration as to such dimensions, weight or combination.]
[Substituted by Notification No. SO. 520 (E) , dated 2.8.1976.]
(5) In the case of a package containing sheets like, aluminium foil facial tissues, waxed paper, toilet paper or any other type of sheet, the declaration of quantity on the package containing such sheets shall also include a statement as to the number of usable sheets contained in the package and the dimensions of each such sheets.
(6) In relation to fancy packages, the informations required to be indicated on the package may be indicated at the bottom of the package or by a tag securely attached to the package.
### 8. Determination of quantity and error by authorised persons at the premises of the manufacturer or packer.
(1) Any person authorised by the Central Government in this behalf [hereinafter referred to as the authorised person]
[Every officer of the above the rank of Assistant Controller of Weights and Measures in a State vide Notification No. SO. 462 (E) , dated 4.9 1975.]
may carry out checks of packages at the premises of the manufacturer, or, where the manufacturer is not the packer, of the packer for the purpose of determining whether the quantity of the commodity contained in a package corresponds to the quantity declared thereon or on the label affixed thereto and to check their conformity to this order, and for this purpose the authorised person shall have power to enter into the premises of the manufacturer or packer, as the case may be, and to draw [samples at random from each batch of packages in accordance with the provisions of the Third Schedule.]
[Substituted by Notification S.O. (E) , dated 2.8.1976.]
(2) The authorised person shall carry out tests with regard to each of the packages drawn by him as samples and shall ascertain whether the net quantity contained in each of the said packages corresponds to the net quantity declared on each such package, and in case it does not, determine the extent of the error and shall make a written record of the detailed results of the tests carried out by him and obtain the signatures of the manufacturer or packer or any person authorised by the manufacturer or packer in this behalf, or, in the absence of any of them, of any competent witness, on the written record containing such results.
(3) On the completion of the tests, the authorised person shall make out a report indicating therein his findings about the actual net quantity or the extent of error and obtain signatures of the manufacturer or packer or any person authorised by the manufacturer or packer in this behalf, or, in the absence of any of them, of a competent witness on the said report, and forward the report to the Central Government or such authority as may be specified by the Central Government in this behalf.
(4) If, as a result of the tests aforesaid, if is found by the authorised person that the statistical average of the net quantity contained in the sample packages checked by him is equal to, or in excess of the quantity declared on the packages, it shall be deemed to be within the maximum permissible error.
(5) If, as a result of the tests aforesaid, it is found that,-
(a) the statistical average of the quantity contained in the sample packages checked by the authorised person is less than the quantity declared on the package; or
(b) the quantity contained in more than ten per cent of the sample packages checked by the authorised person exceeds the maximum permissible [the error in deficiency]
[Substituted by SO. 520 (E) , dated 2.8.1976.]
specified in the concerned Schedule to this Order in relation to the commodity concerned, the manufacturer, or, where the manufacturer is not the packer, the packer, shall be deemed to have contravened this Order.
(6) For the avoidance of doubts, it is hereby declared that no test as to the net quantity of any commodity contained in a package shall be carried on at any premises except at the premises of the manufacturer or, where the manufacturer is not the packer, of the packer.
### 9. Presumption in case of existing packages.
- Any commodity in a packaged form which does not bear thereon informations required to be specified by this Order, shall be presumed, for a period of three months from the appointed day, to have been-
(a) pre-packed before the appointed day, or
(b) pre-packed with packaging materials which were in stock before the appointed day, and nothing in this Order shall apply, during the period aforesaid, to or in relation to any such package.
### 10. Public servants who may make report for any contravention of this Order.
- For the purposes of sub-rule (1) of Rule 183 of the Defence and Internal Security of India Rules, 1971, a report with regard to the contravention of any provisions of this Order,-
(a) by any manufacturer or packer, shall be made by a public servant other than an officer of the Government of India of or above the rank of a Joint Secretary;
(b) by any other person, shall be made by any officer of the State Government below the rank of an Executive Magistrate or of an equivalent rank.
### 11. Order not to apply to certain packages.
- Nothing in this Order shall apply to any package containing a commodity if,-
(a) it is needed for use in any industry, whether as raw material or otherwise:
Provided that this exemption shall not apply to any yarn which is sold in "hanks" to handloom weavers;
(b) it is needed for the purpose of servicing and industry:
[Explanation. - In clauses (a) and (b) of this paragraph, the expression "industry" does not include any workshop, service station or any other place where servicing repairing of any motor vehicle within the meaning of the [Motor Vehicles Act, 1939,]
[Inserted by S.O. 520 (E) , dated 2.8.1976.]
is undertaken;]
(c) it is a wholesale package;
(d) it is needed for the purpose of mining or quarrying;
(e) the net weight or measure, in the case of vanaspati, edible oils or animal feed, exceeds fifteen kilograms or fifteen litres;
(f) the net weight or measure of [the commodity if sold by weight or measure]
[Substituted by S.O. 520 (E) , dated 2.8.1976.]
is twenty grams or twenty millilitres, or less;
(g) it is intended for bulk consumption by any industry or trade;
Explanation. - A commodity shall be deemed to be intended for bulk consumption of its net weight or measure exceeds 500 kilograms or 500 litres or 500 metres;
(h) it is intended for the purpose of export;
Provided that if any such package is found to be sold or distributed for consumption in any part of the territory of India, it shall be liable to be forfeited to Government;
(i) it contains bidis or incense sticks.
### 12. Power to exempt.
- Central Government may, if it is of opinion that it is necessary or expedient so to do, exempt any manufacturer, packer or class of manufacturers or packers from all or any of the provisions of this Order.
First Schedule
[See Paragraph 2(k) and sub-paragraphs (4) and (5) of Paragraph 8]
Maximum permissible error in relation to the quantity contained in an individual package
| | | | |
| --- | --- | --- | --- |
|
Serial No
|
Description of Commodity
|
Declared quantity
|
Maximum permissible error in excess or in
deficiency
|
|
1
|
2
|
3
|
4
|
|
1.
|
Biscuits
|
(i) |
Not more than 500 gm.
|
7.0
|
percent.
|
|
|
|
(ii) |
More than 500 gm. but not more than 1 kg.
|
6.0
|
percent.
|
|
2.
|
Bread
|
(i) |
Not more than 500 gm.
|
6.0
|
"
|
|
|
|
(ii) |
More than 500 gm. but not more than 1 kg.
|
4.0
|
"
|
|
3.
|
Cement
|
(i) |
50 kg. bag at the factory
|
2.0
|
"
|
|
4.
|
Detergents
|
(ii) |
50 kg. bag in retail trade 1 kg. or less
|
3.0
|
"
|
|
5.
|
Ghee Vanaspati and Edible oils
|
(i) |
Not more than 2 kg.
|
1.5
|
"
|
|
|
|
(ii) |
More than 2 kg. but not more than 4 kg.
|
1.25
|
"
|
|
|
|
(iii) |
More than 4 kg.
|
0.6
|
"
|
|
6.
|
Infant Foods
|
(i) |
Not more than 100 gm.
|
5.0
|
percent.
|
|
|
|
(ii) |
More than 100 gm. but not more than 1 kg.
|
4.0
|
"
|
|
|
|
(iii) |
More than 1 kg.
|
3.0
|
"
|
|
7.
|
Milk
|
(i) |
Not more than 100 ml.
|
5
|
ml.
|
|
|
|
(ii) |
More than 100 ml. but not more than 250 ml.
|
8
|
ml.
|
|
|
|
(iii) |
More than 250 ml.
|
10
|
ml.
|
|
8.
|
Provisions sold in Polythene Bags or Plastic Bags.
|
|
|
|
|
|
|
Foodgrains, pulses, edible seeds, spices (whole or broken but
not powdered). Powdered commodities (such as, chili powder,
pepper powder, coffee powder, washing soda, atta, table salt and
the like), dry fruits, seeds and the commodities (such as,
sugar, gur, khandsari and the like).
|
(i) |
Not more than 100 gm.
|
3.0
|
percent.
|
|
(ii) |
More than 100 gm. but not more than 500 gm.
|
2.0
|
"
|
|
(iii) |
More than 500 gm. but not more than 1 kg.
|
1.5
|
"
|
|
(iv) |
More than 1 kg.
|
0.75
|
"
|
|
9.
|
Safety Match Boxes
|
|
Containing not more than 50 sticks
|
8.0
|
percent.
|
|
10.
|
Tea
|
|
|
2.0
|
percent at the place of packing.
|
Second Schedule
[See Paragraph 2(k) and sub-paragraphs (4) and (5) of Paragraph 8]
Maximum permissible errors in relation to packaged commodities as specified in the First Schedule
### 1. Classification of commodities packaged or sold by weight or volume. - (1) For the purpose of specifying the maximum permissible errors, packaged commodities not specified in the First Schedule, which are intended to be sold, delivered or distributed by weight or volume, shall be devised into two classes, namely, Class 'A' and Class 'B'. (2)
The following categories of commodities shall fall within Class 'A', namely,-
(a) commodities contained in a package, the net weight or volume of which does not exceed 25 grams or 25 cubic centimetres or millilitres;
(b) commodities, the flow properties, density, or both, of which cannot be maintained constant except with the help of considerable special technical effort;
(c) commodities containing several substances of different densities or different physical phases, the packaging of which requires several operations;
(d) commodities which require several operations for packaging;
(e) commodities which after they have been packed, are subjected to additional processing; such as, heat treatment, which likely to affect the weight of the commodities in irregular and unpredictable manner;
(f) commodities composed of pieces, fragments or grains in which the maximum weight of each piece, fragment or grain is greater than or equal to the maximum permissible error corresponding to the net quantity contained in that package, if the commodity, is considered as belonging to Class 'B';
(g) liquid commodities.
(3) Any commodity which does not fall within Class 'A' shall fall within Class 'B'.
### 2. Maximum permissible errors on net quantity declared by weight or volume. - (1) The maximum permissible error, in excess or in deficiency, in the net quantity to weight or volume of any commodity, belonging to Class 'A' or Class 'B' shall be as specified in Table I: Table I
Maximum permissible errors on net quantities declared by Weight or by Volume
| | | |
| --- | --- | --- |
|
|
|
Maximum permissible error in excess or in
deficiency
|
|
Serial No.
|
Declared quantity gm. or cm.3(ml.)
|
Class A
|
Class B
|
|
|
|
as percentage of declared quantity
|
gms. or cm. 3(ml.)
|
as percentage of declared quantity
|
gms. or cm. 3(ml.)
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
(i) |
Not more than 25
|
9
|
...
|
...
|
...
|
|
(ii) |
More than 25 but not more than 53
|
9
|
...
|
4.5
|
...
|
|
(iii) |
More than 50 but not more than 100
|
...
|
4.5
|
...
|
2.5
|
|
(iv) |
More than 100 but not more than 200
|
4.5
|
2.25
|
...
|
...
|
|
(v) |
More than 200 but not more than 300
|
...
|
9
|
...
|
4.5
|
|
(vi) |
More than 300 but not more than 500
|
3
|
...
|
1.5
|
...
|
|
(vii) |
More than 500 but not more than 1,000
|
...
|
...
|
1.5
|
7.5
|
|
(viii) |
More than 1,000
|
1.5
|
...
|
0.75
|
...
|
(2) The maximum permissible error specified as percentage shall be rounded off to the nearest one-tenth of a gram or cubic centimetre (millilitre).
### 3. Maximum permissible errors on net quantity declared by length, area or number. - The maximum permissible error, in excess or in deficiency, in the net quantity declared in terms of length, area and number shall be as specified in Table II: Table II
Maximum permissible errors on net quantities declared by length, area or number
| | | |
| --- | --- | --- |
|
Serial No.
|
Quantity declared
|
Maximum permissible error in excess or in
deficiency
|
|
(i) |
In units length
|
2 per cent of declared quantity up to 10 metres and
thereafter 1 per cent of declared quantity
|
|
(ii) |
In units of area
|
4 per cent of declared quantity up to 10 sq. metres and
thereafter 1 per cent of declared quantity.
|
|
(iii) |
By number
|
2 per cent of declared quantity.
|
[Third Schedule]
[Inserted by Notification No. 520 (E) , dated 2.8.1976.]
[See Sub-paragraph (1) of Paragraph (8)]
Manner of Selection of Samples of Packages
### 1. Where, for the determination of the net quantity of any commodity contained in a package, it is necessary to open the package taken by way of sample, and it is not possible to refill such package such sample shall be selected at random having regard to the total number of packages in the batch. In such a case the number of packages to be selected as samples shall be the number specified in column (2) of Table I, corresponding to the entry in column (1) of that Table: Table I
| | |
| --- | --- |
|
Number in batch
|
Number of sample
|
|
1
|
2
|
|
Less than or equal to 500
|
8
|
|
501 to 3200
|
13
|
|
More than 3200
|
20
|
### 2. Where for the determination of the net quantity of any commodity contained in a package, it is not necessary to open the package, taken by way of sample, or where it is necessary to open one or two packages, taken by way of samples of determining the tare, such sample shall be selected at random having regard to the total number of packages in the batch. In such a case, the number of packages to be selected as samples shall be the number specified in column (2) of the Table II, corresponding the entry in column (1) of that Table: Table II
| | | |
| --- | --- | --- |
|
Number of batch
|
|
Number of sample
|
|
1
|
|
2
|
|
100 to 150
|
...
|
20
|
|
151 to 280
|
...
|
32
|
|
281 to 500
|
...
|
50
|
|
501 to 1200
|
...
|
80
|
|
1201 to 3200
|
...
|
125
|
|
3201 and over
|
...
|
200
|
### 3. Where for the determination of the net quantity of any commodity contained in a package, it is necessary to take samples of packages stored by the manufacturer or packer in a warehouse, godown or at any other place, the sample shall be selected at random, from every batch of packages and shall be packed out from the top, bottom, centre, right, left, front, rear etc. of the stocks so that the samples may adequately represent the packages in the batch. ###
4. Where for the determination of the net quantity of any commodity contained in a package, it is necessary to take samples from the place where the package is being filled such sample shall be selected from among the packages which have already been filled, or in the alternative, the requisite number of empty containers may be taken over and each of them shall be adequately marked for proper identification and the tare of each container shall be accurately noted and thereafter the marked out containers shall be introduced at random in the packing process so that, after the packages are filled it may be possible to determine whether the packages to contain the net quantity of the commodity as declared in the container.
|
65b9f4feab84c7eca86ea515 | acts |
State of West Bengal - Act
----------------------------
The Electricity (Supply) (West Bengal Amendment) Act, 1979
------------------------------------------------------------
WEST BENGAL
India
The Electricity (Supply) (West Bengal Amendment) Act, 1979
============================================================
Act 42 of 1979
----------------
* Published on 17 March 1980
* Commenced on 17 March 1980
The Electricity (Supply) (West Bengal Amendment) Act, 1979
West Bengal Act
42 of 1979
[17th March, 1980.]
Assent of the President was first published in the Calcutta Gazette, Extraordinary, dated the 17th March, 1980.
An Act to amend the Electricity (Supply) Act, 1948, in its application to West Bengal.
Whereas it is expedient to amend the Electricity (Supply) Act, 1948, in its application to West Bengal, for the purposes and in the manner hereinafter appearing;
It is hereby enacted as follows :-
### 1. Short title. -
This Act may be called the Electricity (Supply) (West Bengal Amendment) Act, 1979.
### 2. Application of the Act. -
The Electricity (Supply) Act, 1948 (hereinafter referred to as the principal Act), shall, in its application to West Bengal, be amended in the manner hereinafter provided.
### 3. Amendment of the Sixth Schedule to Act 54 of 1948. -
In the Sixth Schedule to the principal Act, in paragraph V,-
(a) after sub-paragraph (1), the following sub-paragraph shall be inserted:-
"(1A) The licensee may, with the previous approval of the State Government, take an advance from the Contingency Reserve during the currency of the licence to meet such charges and on such terms and conditions as the State Government may determine.";
(b) for sub-paragraph (2), the following sub-paragraph shall be substituted:-
"(2) On the purchase of the undertaking the following amounts shall be handed over to the purchaser and maintained as Contingency Reserve:-
(a) the Contingency Reserve after deduction of the amount drawn under sub-paragraph (1), and
(b) the amount which has not been repaid out of the advance taken from the Contingency Reserve under sub-paragraph (1A) together with interest, if any, payable on the advance:
Provided that where the undertaking is purchased by the Board or the State Government, the amounts, referred to in clauses (a) and (b) above shall, after deduction of the amount of compensation, if any, payable to the employees of the outgoing licensee under any law for the time being in force, be handed over to the Board or the State Government, as the case may be.".
|
65b9b655ab84c7eca86e9b25 | acts |
State of Rajasthan - Act
--------------------------
Rajasthan Agriculture University, Bikaner Act, 1987
-----------------------------------------------------
RAJASTHAN
India
Rajasthan Agriculture University, Bikaner Act, 1987
=====================================================
Act 39 of 1987
----------------
* Published on 1 January 1987
* Commenced on 1 January 1987
Rajasthan Agriculture University, Bikaner Act, 1987
(Rajasthan Act
No. 39 of 1987
)
(Received the Assent of the Governor on the 8th day of November, 1987)
An Act to establish and incorporate a University for the development of Agriculture, including animal husbandry, and allied sciences in the State of Rajasthan.
Be it enacted by the Rajasthan State Legislature in the Thirty-eighth Year of the Republic of India as follows :-
Chapter - I Preliminary
### 1. Short title and commencement.
(1) This Act may be called the Rajasthan Agriculture University, Bikaner Act, 1987
(2) It shall and shall be deemed to have 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 Council" means the Academic Council of the University as constituted under section 12 ;
(b) "agriculture" means and includes the basic and allied sciences of soil and water management, crop production including production of all the garden crops, animal husbandry including veterinary science and dairy science, agricultural engineering and technology marketing, processing, co-operation. Land use and management and the economic and social uplift of the rural people;
(c) "appointed day" means the date appointed under sub-section (2) of section 1 for the coming into force of this Act;
(d) "Authority" means an Authority of the University as specified in section 10;
(e) "Board" means the Board of Management of the University as constituted under section 11;
(f) "College" means a constituent college of the University under the direct control and management of the Board or of the Principal Executive Officer of the University whether located at the headquarters of the University or elsewhere and includes each of the campuses of a college;
(g) "employee" means any person appointed in or by the University, other then a teacher of the University;
(h) "Extension Programme" means the educational activities concerned with the training of farmers and other groups serving agriculture in improved agricultural practices and the various phases of scientific technology related to agriculture and agriculture production and marketing;
(i) "Faculty" means members of the teaching, research and extension staff of a college or division of the university having the rank of Assistant Professor and above;
(j) "Government" means the Government of the State of Rajasthan;
(k) "Hostel" means a place to residence for students of the University maintained or recognised by the University either as a part of or separate from a college;
(l) "Officer" means an officer of the University as specified in section 18 or otherwise in the employment of the University designated as an officer in the Statutes;
(m) "Ordinance" or "ordinance of the University" shall mean an ordinance made under section 30;
(n) "Prescribed" means as prescribed by the Statutes of the University;
(o) "Principal" means the Chief Executive Officer of a college which is or has been or is to be taken over as a constituent college of the University;
(p) "Regulation" means the regulations and procedures made for the operation and functioning of the Authorities specified in section 10 and includes the establishment or maintenance of the academic standards of the University and the provision for the conduct of the staff and students;
(q) "State" means the State of Rajasthan;
(r) "Statutes" means the Statutes of the University governing the matters of policy and procedure in the University as contained in the Schedule and as amended from time to time;
(s) "Student" means a person enrolled in the University for taking a course of study for a degree, diploma, certificate of other academic distinction;
(t) "Teacher" means a professor, reader or lecturer or any other person appointed or recognised by the University for imparting instructions to students or guiding research work or engaged for giving training or instructions in an extension programme and includes a person declared by the Statutes to be a teacher; and
(u) "University" means the Rajasthan Agriculture University, Bikaner constituted under this Act.
Chapter - II Nature, Objects and Admission
### 3. University to be a body corporate.
(1) There shall be constituted in the State of Rajasthan a University by the name of Rajasthan Agricultural University, Bikaner.
(2) The University shall consist of a Chancellor, a Vice-Chancellor, a Board of Management, an Academic Council and other authorizes and officers as specified in this Act or in the Statutes.
(3) The University shall be a body corporate having perpetual succession and a common seal and may sue or be sued by its corporate name.
(4) The University shall be competent to acquire, hold, manage, lease, sell or otherwise transfer any movable or immovable property including trust property which may be vested in or acquired by the University and may also borrow moneys from the Central Government, the State Government or any financial institution approved by the Government. The University may enter into a contract and do all other acts or things which are necessary for the purposes of this Act.
(5) In all suits and proceedings by or against the University, the pleadings shall be signed and verified by the officer authorised by the Vice-Chancellor.
(6) The headquarters of the University shall be at Bikaner. It shall have such colleges, campuses and affiliated institutions as may be determined by the State Government, by notification in the Official Gazette, on the appointed day and from time to time.
### 4. Jurisdiction.
(1) The territorial jurisdiction of the University shall for the purpose of teaching, research and extension in the field of agriculture, be the whole of the State of Rajasthan.
(2) The University shall be competent to conduct a programme for the training of field extension workers and to run extension or training centers for agriculture.
(3) All colleges, research stations, extension centers and other institutions functioning under the direct control of supervision of the University shall be the constituent units of the University under its complete management and control.
### 5. Objects of the University.
(1) The University shall extend and regulate its functions for the following objects, namely :-
(a) for imparting education in agriculture and allied and different branches of study ;
(b) for the advancement of learning and research work in agriculture and allied sciences ;
(c) for undertaking extension education programmes specially for the rural people of the State of Rajasthan ; and
(d) for such other work activity or project as the University may deem proper to undertake in order to achieve the objects for which it has been established.
### 6. Admission.
(1) The University shall, subject to the provisions of this Act and the Statutes, be open to all persons who fulfill the prescribed academic standards for admission and are not below the minimum standards prescribed in this behalf.
(2) The University shall admit to any course of study such number of students that can be accommodated in the faculty or college or department of the University in accordance with the directions of the Academic Council.
(3) The University shall reserve such seats in a course of study for the candidates belonging to scheduled castes and scheduled tribes and the candidates from other States of India as may be determined by the Government from time to time. The University may lay down the minimum standards specifically in respect of such candidates.
Chapter - III Powers and Functions of The University and The Chancellor
### 7. Powers and functions of the University.
(1) The University shall exercise the powers and perform the functions as under:-
(a) to provide for instructions in agriculture and allied branches of learning;
(b) to facilitate research in agriculture and allied branches of learning ;
(c) to disseminate the findings of research and technical information through extension programmes;
(d) to give degrees, diplomas, certificates and other academic distinctions including honorary degrees ;
(e) to conduct courses of study and to hold examinations and tests;
(f) to provide lectures, training and instructions to field workers, farmers and others who are not enrolled as regular students of the University;
(g) to co-ordinate with other University, institutions, organisations and authorities in order to carry out the purposes of this Act and to achieve the objects specified in section 5;
(h) to run and maintain colleges, institutions, laboratories, centres, libraries, research stations, museums, etc.;
(i) to create posts in teaching research and extension programme and to appoint persons to such posts;
(j) to create administrative and other posts and to appoint persons to such posts;
(k) to institute and award fellowships, scholarships, prizes, etc. in accordance with the Statutes;
(l) to build, maintain and manage buildings, offices residences, hostels, etc. for teachers, students, officers and staff;
(m) to fix and collect fees and other charges as may be prescribed;
(n) to enforce and maintain discipline among the teachers, students, officers and staff and to make necessary arrangements in order to promote their welfare and to improve their service conditions; and
(o) to do all other acts and things which may be necessary to further the objects of the University or which are incidental or ancillary to achieve those objects.
### 8. Chancellor.
(1) The Governor of the State shall be the ex-officio Chancellor of the University.
(2) The Chancellor may give any direction, take any action and do any thing as may be necessary under the provisions of this Act and the Statutes.
### 9. Power to order inspection or enquiry.
(1) The Chancellor shall have power to order an inspection, by such person as he may appoint, of the University and its buildings, research stations, laboratories, centers, libraries, museums, workshops and equipments and also of any institution, college or hostel administered, controlled or maintained by the University. An inspection or enquiry may also be made, as directed by the Chancellor, into the teaching or other work conducted by or under the auspices of the University or any matter connected with the administration or the finances of the University.
(2) The Chancellor shall, before ordering an inspection or enquiry, give a notice to the University in this behalf. The University may appoint a person as its representative for being present and be heard at the inspection or enquiry.
(3) The Chancellor may communicate to the University his views on the result of the inspection or enquiry and may, after obtaining the comments of the University, advise the University on the action to be taken within a period fixed by him.
(4) The University shall, within the period so fixed, send a report to the Chancellor about the action taken or proposed to be taken with respect to the advice given by the Chancellor under sub-section (3).
(5) The Chancellor may, where action is not taken by the University in accordance with the advice given by him under sub-section (3), issue directions, as he may deem fit, and the University shall be bound to comply with such directions.
(6) Where the Chancellor is of the opinion that the affairs of the University are not being conducted in furtherance of its objects or in accordance with the provision of this Act so as to maintain the standards of teaching, examination, research or extension programme, he may call upon it to send comments or explanation in this behalf. In case the University fails to send, or sends unsatisfactory, comments or explanation, the Chancellor may issue such instructions as may appear to be necessary or desirable.
(7) The University shall furnish such information relating to its administration as the Chancellor may require.
Chapter - IV Authorities of The University
### 10. Authorities.
- The following shall be the authorities of the University, namely :-
(a) Board of Management;
(b) Academic Council;
(c) Board of Studies for each Faculty and Post-graduate studies; and
(d) Such other body as may be declared by the Statutes to be the Authority of the University.
### 11. Board of Management.
(1) The Vice-Chancellor shall, as soon as may be after the appointed day, order the constitution of the Board of Management in accordance with the provisions of the statutes.
(2) The Board shall consist of such members, exercise such powers and perform such functions as may be prescribed.
### 12. Academic Council.
(1) There shall be an Academic Council of the University which shall be in charge of the academic affairs of the University and shall, subject to the provisions of this Act and the Statutes, supervise control and regulate the standards of instructions and examinations in the University and all matters connected with education training and research.
(2) The Vice-Chancellor shall, as soon as may be after the appointed day, order the constitution of the Academic Council in accordance with the provisions of the Statutes.
(3) The Academic Council shall consist of such members, exercise such powers and perform such functions as may be prescribed.
### 13. Board of Studies.
(1) There shall be a Board of Studies in each faculty and for Post-graduate studies.
(2) A Board of studies shall be constituted in the manner, consist of such members, exercise such powers and perform such functions as may be prescribed.
### 14. Other Authority.
- A body declared by the Statutes to be the Authority of the University of the University under clause (d) of section 10 shall be constituted in the manner, consist of such members, exercise such powers and perform such functions as may be prescribed.
### 15. Dispute relating to appointment as member.
- If any dispute arises as to whether any person was duly nominated elected or appointed to any Authority, the matter may be referred to the Chancellor whose decision thereon shall be final.
### 16. Temporary vacancy in the Authority.
- Any temporary vacancy, other than that of an ex-officio member, in any Authority shall, as soon as may be, be filled in the same manner in the case of a permanent vacancy. The person filling the temporary vacancy shall become a member of such Authority for the residue of the term for which the person whose place he fills would have been a member.
### 17. Vacancy not to invalidate a proceeding
- No act or proceeding of any Authority shall be called in question or held to be invalid merely be reason of any vacancy of membership in such Authority.
Chapter - V Officers of The University
### 18. Officers of the university.
- The following shall be the officers of the University namely :-
(a) Vice-Chancellor;
(b) Pro Vice-Chancellor;
(c) Registrar;
(d) Comptroller:
(e) all Directors;
(f) all Deans;
(g) Librarian; and
(h) any other person declared by the Statutes to be the officer of the University.
### 19. Vice-Chancellor.
(1) There shall be a Vice-Chancellor of the University who shall be a whole-time officer to be appointed by the Chancellor in such manner; for such a period and on such terms and conditions as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1), the first Vice-Chancellor of the University shall be appointed by the Chancellor after consultation with the Government for a period not exceeding three years on such terms and conditions as the Chancellor may determine.
(3) The Vice-Chancellor shall be the principal academic and executive officer of the University and shall exercise overall supervision and control over the affairs of the University. He shall have all such powers as may be necessary for true observance of the provisions of this Act and the Statutes.
(4) The Vice-Chancellor shall, where immediate action is called for, have power to make an order so as to exercise any power or perform any function which is exercised or performed by any Authority under this Act or the Statutes; Provided that any person, who is aggrieved by an order made by the Vice-Chancellor under this sub-section, may prefer an appeal before the Board within ninety days of the date on which the order is made and the Board may confirm, reverse or modify the said order.
(5) The Vice-Chancellor may on being satisfied that any action taken or order made by any Authority is not in the interests of the University or beyond the dowers of such Authority, require the Authority to review its action or order.
(6) Where the Authority, on being required under sub-section (5) refuses or fails to review its action or order within sixty days of the date on which the Vice-Chancellor has so required, the matter may be referred to the Chancellor whose decision thereon shall be final.
### 20. Other Officers.
- The officers, other than the Vice-Chancellor of the University referred to in section 18 shall be appointed in such manner for such period on such terms and conditions and shall exercise such powers and perform such functions as may be prescribed.
Chapter - VI Research and Extension
### 21. Research Programme.
(1) There shall be establish an agricultural research programme in the University for carrying on research throughout the State.
(2) The research programme shall be directed primarily towards the problems of agriculture and allied sciences and conducted in the aid and for the development of agriculture and or the benefit of the rural population of the State.
(3) The University shall act as the principal agency for agricultural research activities in the State.
(4) The Government may allot and provide such funds, as it may deem proper, from time to time to the University for research programmes and other activities.
### 22. Extension Programme.
(1) The University shall initiate, conduct or supervise an agricultural extension programme in the State so as to make available to farmers and other such useful information which is based upon the findings of research.
(2) The extension programme shall, for the purpose of increased agricultural production, be conducted through demonstration and training for the benefit of students, extension workers, cultivators and rural population.
(3) All extension activities shall be aimed at increased production in agriculture and co-ordination with other functionaries and agencies of the Government.
(4) The Government may, for the purpose of development of agriculture in the State through extension programmes, allot such funds and provide such personnel or facilities to the University as it may deem proper.
(5) The Director of Extension shall be responsible for all the activities relating to the extension programme and shall regulate, control and supervise the programme under the directions of the Vice-Chancellor.
### 23. Co-ordination.
(1) The Vice-Chancellor shall have power to make such orders and do such acts as may be necessary for co-ordinating the teaching, research and extension activities of the University.
(2) The Vice-Chancellor shall be responsible for creating conditions essential for maximum progress and development in technology related to agriculture and for inter relation between different curricula and courses being conducted different faculties so as to avoid any duplication of work.
(3) The research and extension programmes shall be so conducted and developed that they serve the needs or the State and provide technical support and consultancy service to the Government.
Chapter - VII Appointments, Funds and Accounts
### 24. Appointments.
(1) A person may be appointed as a teacher or an employee of the University by a contract in writing which shall not contain any condition contrary to any provision of this Act or the Statutes.
(2) All appointments shall generally be governed by the Statutes and shall be made by an officer and in the manner as may be prescribed.
(3) The original contract shall be kept on the record of the University and a copy thereof shall be given to the person employed.
### 25. Provident Fund and pension fund.
(1) The University shall for the benefit of its officers, teachers and employees, create provident fund or pension fund or formulate an insurance scheme in such manner and subject to such conditions as may be prescribed.
(2) The provision of the provident Funds Act, 1925(Central Act 19 of 1925), shall apply to a fund or an insurance scheme as if it were a government fund or scheme and the University shall contribute to or invest in such fund or scheme.
(3) Where a person in Government employment is transferred on deputation or otherwise to the University, the terms and conditions relating to the fund and the scheme referred to in sub-section (1) shall be such as may be agreed to between the Government and the University.
### 26. University Funds.
(1) There shall be a General Fund of the University to which all such incomes, fees and other receipts shall be credited under appropriate heads as may be prescribed.
(2) The money received as contribution aid or grant from the Central Government or the State Government or any other money received from any one else, as may be directed by the Board, shall be credited to the Foundation Fund of the University.
(3) The whole or part of the money deposited in the Foundation Fund of the University may be spent in such manner and for such purposes as may be prescribed or invested in such securities as are specified in section 20 of the Indian Trusts Act, 1882 ( Central Act 2 of 1882)
(4) Such statement, account, report or other particulars relating to the utilisation of any grant, aid or contribution given or made by the Central Government or the State Government shall be furnished to the said Government as may be required from time to time.
(5) The General Fund, the Foundation Fund and other funds of the University shall be kept, managed and dealt with in accordance with the provisions of the Statutes as may be made from time to time.
### 27. Accounts and Audit.
(1) The accounts including the annual accounts of the University shall be prepared under the supervision and direction of the Comptroller.
(2) All the moneys accruing to or received by the University from whatever source and all amounts disbursed or paid shall be duly and correctly entered in the accounts of the University.
(3) The annual accounts including the balance sheet shall be audited by the auditor by the auditor as may be appointed by the State Government. The cost of audit shall be paid by the University. The copies of the annual accounts and the audit report shall be presented to the Board, the Chancellor and the State Government.
### 28. Finance Committee.
(1) There shall be a Finance Committee to be constituted by the Vice-Chancellor consisting of the Vice-Chancellor as its Chairman, a nominee of the State Government. The cost of audit shall be paid by the University. The copies of the annual accounts and the audit report shall be presented to the Board, the Chancellor and the State Government.
(2) The Finance Committee shall :-
(a) examine the annual accounts and the budget estimates and advise the Board thereon;
(b) review the financial position of the University from time to time and advise the Board ; and
(c) make recommendations to the Board on any matter of finance or any proposal involving excess expenditure.
Chapter-VIII Statutes, Ordinances and Regulations
### 29. Statutes
(1) The Statutes of the University shall contain such instructions, directions, procedures, details and terms and conditions as are required to be laid down order and in accordance with the provisions of this Act.
(2) The Statutes as contained in the Schedule to this Act and as amended from time to time shall be binding on all the Authorities, officers, teachers, employees and students of the University and other persons connected with the affairs of the University.
(3) The Board shall have power to amend, add or delete any Statute contained in the Schedule to this Act:
Provided that the Board shall not amend, add or delete any Statute affecting the constitution, status or power of any Authority without affording to such Authority a reasonable opportunity of making representation on the proposed changes.
(4) Any amendment to the Statutes, whether by adding, deleting or in any other manner, shall not take effect unless the Chancellor has, after consultation with the Government, assented to it. The Chancellor may, after the said consultation and on being satisfied that assent be not given, withhold assent or return the proposal for amendment to the Board for re-consideration in the light of the observations, if any, made by him.
(5) Notwithstanding anything contained in sub section(3) or sub-section(4), the Chancellor shall have power to amend, after consultation with the Government, whether by adding, deleting or in any other manner, the Statutes contained in the Schedule within a period of one year from the appointed day.
(6) An amendment to the Statutes shall come into force on the date of its publication in the official Gazette.
### 30. Ordinances of the University.
(1) The Vice-Chancellor shall have power, at any time after the appointed day, to make, with the previous approval of the Government, the first Ordinances of the University.
(2) Any amendment to the Ordinances (by adding, deleting or in any other manner) may be made, at any time after the first Ordinances are made under sub-section(1), by the Board in such manner as may be prescribed.
(3) The Ordinances of the University may, subject to the provisions of this Act and the Statutes, be made for all or any of the following matters, namely:-
(a) the courses of study, admission or enrolment of students, fee, qualifications or conditions requisite for any degree, diploma, certificate or fellowship;
(b) the conduct of examinations including the appointments of examiners and their terms and conditions;
(c) management of colleges, institutions, research stations or extension centers or other agencies or bodies run by or admitted to the privileges of the University;
(d) the conditions for residing in any hostel or other place of residence run or maintained by the University, the levying of charges therefor and other related matters;
(e) the recognition and supervision of hostels not run or maintained by the University;
(f) the matters related to emoluments and conditions of services of officers, teachers and employees, their services records, tutorial instructions, allowances including travelling and daily allowances payable to teachers and employees; and
(g) any other matter required by the Statutes to be dealt by or under the Ordinances of the University.
### 31. Regulations.
(1) An authority shall have power to make regulations, in the manner as may be prescribed, for the conduct of its affairs and the affairs of any of its committees and for laying down the procedure to be followed at its meetings
(2) The regulations shall not be contrary to the provisions of this Act, the Statutes of the Ordinances of the University.
Chapter-IX Miscellaneous
### 32. Annual Report.
(1) An annual report of the University shall be prepared by the Registrar under the direction of the Vice-Chancellor.
(2) The annual report shall, among other things, set out the actions taken for the fulfilment of the objects of the University.
(3) The annual report shall be circulated among the members of the Board one month before its annual meeting at which it is to be considered.
(4) The Board shall, after considering the annual report, forward it with such comments, as may be deemed necessary, to the State Government. A copy of the said report shall be laid on the table of the House of the State Legislature.
### 33. Co-ordination.
- The Vice-Chancellor shall take all such actions, as may be necessary, for as much co-ordination as possible among teaching research and extension activities of the University.
### 34. Temporary Arrangements.
(1) At any time after the appointed day and until such time as an Authority is duly constituted, the Vice Chancellor may, with the prior approval of the Chancellor, appoint an officer of the University to exercise the powers and perform the functions of such Authority.
(2) The Vice Chancellor may make, subject to the approval of the Board, any temporary appointment in the vacancy of any officer, teacher or employee until such time as regular appointment is made in accordance with the provisions of this Act and the Statutes.
(3) Notwithstanding anything contained in any provision of this Act and the Statutes, the State Government any make an order for the appointment, on deputation or otherwise, of any government employee to any post of an officer or employee of the University for such period and on such terms and conditions as it may determine.
### 35. Transfers of persons and properties from other Universities.
- The Chancellor, in consultation with the State Government, on the appointed day or at any time thereafter, make such orders as are deemded necessary, for the transfer of-
(a) Any officer, teacher, employee or servant; or
(b) any movable or immovable property or any rights or interests therein; or
(c) any fund, grant, contribution, donation, aid or benefaction received, accrued or promised; or
(d) any does, liabilities or obligations incurred or lawfully subsisting in favour of or against the University; or
(e) any will, deed or other document containing any bequest gift or trust; from any other University of which he is the Chancellor to the University constituted under this Act on such terms and conditions as may be determined in the order.
### 36. Transfers of colleges and institutions.
(1) Notwithstanding anything contained in any law for the time being in force, the colleges, institutions, hostels, offices, research stations, extension centers and any other body or agency, as may be specified by notification in the official Gazette on the appointed day or at any time. Thereafter, may be dis-affiliated or, as the case may be, transferred by the Government from any other University in the State and affiliated or transferred to or vested in the university constituted under this Act on such terms and conditions as may be determined by the Government.
(2) The control and management of any college, institutions, station, centre, or any other body or agency affiliated or transferred under sub-section (1) shall stand vested in the University from the date of the publication of the notification under sub-section (1).
(3) The students of the college or institution or the persons, engaged in research station or extension centre or in any other body so affiliated or transferred to the University shall be permitted to complete their course, research or programme and the University shall make arrangements therefor:
(4) A person employed as a teacher or an employee in any college, institution, research station, extension centre or any other body or agency referred to in sub-section (1) shall, from the date of notification issued under the said sub-section, be deemed to have become the teacher or as the case may be, the employee of the University on the same terms and conditions.
### 37. Residuary power of the Board.
(1) The Board shall have power to deal with any matter pertaining to the University and not specifically assigned to the Board under this Act.
(2) the Board may, subject to the approval by the Chancellor, admit any college, institution, research station or extension centre or any other body or organisation to the privileges of the University on such terms and conditions as the Board may deem necessary.
### 38. Power to remove difficulties.
- Where any difficulty arises in giving effect to any provision of this Act, the State Government may, be notification in the official Gazette, make such order as appears to be necessary or expedient and as is not contrary to any provision of this Act: Provided that no such order shall be made after the expiry of three years from the appointed day.
### 39. Statutes, Ordinances and Regulations to be published in the official Gazette and laid on the table of the House.
(1) Every statute, ordinance of the University and regulation made from time to time, by way of amendment or otherwise, shall be published in the official Gazette.
(2) Every Statute, ordinance and regulation made by amendment or otherwise at any time after the appointed day shall be laid, as soon as may be after it is made, before the House of the State Legislature, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or successive sessions aforesaid, the House agrees in making any modification in such statute, ordinance or regulation or the House agrees that the statute, ordinance or regulation should not be made, the Statute, Ordinance or, as the case may be, the 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 of the validity of anything previously done under that statute, ordinance or regulation.
### 40. Repeal and Savings.
(1) The Rajasthan Agriculture University, Bikaner Ordinance, 1987 (Ordinance No. 13 of 1987) 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 or taken or made under this Act.
Schedule
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(See section 29)
Statutes Of The University
### 1. Vice-Chancellor. - (1) The Vice-Chancellor shall be a whole-time officer of the University and shall be appointed by the Chancellor on the advice of the Government upon the recommendation of a Selection Committee consisting of three members as under :- (a)
one person nominated by the Board not connected with the University or any college thereof;
(b) one educationist nominated by the Chancellor; and
(c) one person nominated by the Indian Council of Agricultural Research.
(2) One of the persons nominated under clause (1) shall be appointed by the Chancellor to be the Chairman of the Committee.
(3) The term of office of the Vice-Chancellor shall be three years from the date on which he enters upon his office on until he attains the age of sixty five years, whichever is earlier:
Provided that the Chancellor may require the Vice-Chancellor whose term is expiring to continue in office for such period, not exceeding one year, as may be specified by the Chancellor Provided further that a person shall be eligible for appointment as the Vice-Chancellor for the second term.
(4) Where a permanent vacancy in the office of the Vice-Chancellor occurs by reason of his death, resignation, removal or expiry of the term or on any other ground, it shall be filled by the chancellor in the manner specified in clause (1) and for so long as it is not so filled, stop-gap arrangement, may be made by the Chancellor under and in accordance with clause (5).
(5) In the case of a temporary vacancy in the office of the Vice-Chancellor by reason o leave, suspension or other wise or when a stop-gap arrangement is necessary under clause (4), the Chancellor may on the advice of the Government, make such arrangement for carrying on the functions of the Vice-Chancellor as he deems fit.
(6) The Vice-Chancellor may relinquish his office by submitting, not less than sixty days in advance of the date on which he intends to be relieved, his resignation to the Chancellor.
(7) The emoluments and other conditions of service of the Vice-Chancellor shall be as follows :-
(a) salary Rs. 3000/- per month;
(b) free furnished official residence;
(c) all such allowances as are admissible to a professor of the University for other than teaching purposes; and
(d) such terminal benefits and allowances as are sanctioned or granted from time to time by the Board with the approval of the Chancellor or under the ordinances of the University.
(8) The official residence of the Vice-Chancellor shall be maintained from the funds of the University.
(9) where a person appointed as the Vice-Chancellor was in employment before such appointment in any other college, institution or University, he may continue to contribute to the provident fund of which he was a member in such employment and the University shall contribute to the account of such person in that provident fund.
(10) Where the Vice-Chancellor had been in his previous employment, a member of any insurance or pension scheme, the University shall make necessary contribution to such scheme.
(11) The Vice-Chancellor shall be entitled to traveling and daily allowances at such rates as may be fixed by the Board.
(12) The Vice-Chancellor shall be entitled to leave as under :-
(a) leave on full pay at the rate of one day for every eleven days of active service; and
(b) leave on half pay at the rate of twenty days for each completed year of service:
Provided that leave on half pay may be commuted as leave on full pay on production of medical certificate.
(13) The Vice-Chancellor shall, in addition to the powers conferred on him and the functions assigned to him under the Act, also have the powers and perform the functions as under :-
(a) to exercise control over the affairs of the University;
(b) to give effect to the decisions taken by any Authority of the University;
(c) to exercise all the powers to maintain discipline in the University;
(d) to convene the meetings of the Board and the Academic Council and to present any matter for deliberations and consideration;
(e) to ensure due observance of the provisions of this Act and the Statutes and to exercise all the powers necessary for the purpose;
(f) to take any action in an emergency when immediate action is called for and to report to such officer or the Authority about the action so taken who or which would have in the ordinary course dealt with the matter;
(g) to maintain close co-ordination and integration in various branches, namely, teaching, research and extension;
(h) to appoint teachers and employees or to authorised any officer to make appointment to any post or category of posts; and
(i) to take disciplinary action against any teacher or employee or to authorise any officer to take such action.
### 2. Registrar. - (1) The Registrar of the University shall be appointed by the Board on the recommendation of the Selection Committee constituted for the purpose by the Board. Provided that the first Registrar shall be appointed by the Chancellor after consultation with the Government for a period not exceeding three years on such terms and condition as the Chancellor may determine. (2)
The Registrar shall be responsible for the custody of the records and the common seal of the University. He shall be the ex-officio secretary to the Board and the Academic Council and shall maintain the minutes of the meetings.
(3) The Registrar shall place before the Board and the Academic Council all such information as may be required for transaction business in the meetings.
(4) The Registrar shall, in addition to as specified in clauses (2) and (3), shall exercise the powers and perform the functions as under :-
(a) to make all necessary arrangements for the conduct of examination, training, workshop, seminar or any other programme of the University;
(b) to perform all such functions as are assigned to him by the Vice-Chancellor, the Board or the Academic Council;
(c) to submit to the Chancellor the copies of the agenda and the minutes of the meetings of the Board, Academic Council or any committee thereof;
(d) to sign the powers of attorney, verify pleadings, appear in the court and authorise a person to appear for and on behalf of the University in a suit or other proceedings filed by or against the University; and
(e) to take disciplinary action against such classes or categories of employees as may be authorised by the Vice-Chancellor.
(5) The salary, allowances and other conditions of service of the Registrar shall be such as may be prescribed by the Ordinances of the University from time to time.
(6) The Registrar shall retire on attaining the age of sixty years.
### 3. Comptroller. - (1) The Comptroller of the University shall be appointed by the Vice-Chancellor on the recommendation of the State Government. (2)
The Comptroller shall work under the control of the Vice-Chancellor.
(3) The salary, allowances and other conditions of service of the Comptroller shall be such as may be prescribed by the Ordinances of the University from time to time.
(4) The Comptroller shall retire on attaining the age of sixty years.
(5) The Comptroller shall exercise the powers and perform the functions as under:-
(a) to advise the Board and the Vice-Chancellor regarding the financial policy;
(b) to make arrangements for the preparation of the budget of the University and for its presentation to the Board;
(c) to hold and manage the assets, investments and properties of the University;
(d) to exercise supervision and control over the funds of the University;
(e) to keep all moneys belonging to the University in such a bank or in such manner as may be specified by the Board;
(f) to ensure that all expenditures are made within the limits fixed by the Authority competent to do so and for the purpose for which money is allotted or granted;
(g) to prepare and maintain the accounts of the University in the manner as may be specified by the Board;
(h) to supervise the collection of revenues of the University and to advise on the methods of such collection;
(i) to keep watch on the cash and bank balances of the University;
(j) to ensure that the registers of properties of the University are properly maintained and that stocks of all equipments, instruments and other materials in the offices, workshops, farms and sheds are duly checked and safely stored;
(k) to call for any information or report necessary for verification form any office or centre or institution of the University; and
(l) to perform such other functions as may be assigned to him by the Board or the Vice-Chancellor.
### 4. Directors. - (1) The directors in the University shall be appointed by the Vice-Chancellor with the approval of the Board. (2)
A director shall be a whole time officer of the University and shall retire on attaining the age of sixty years.
(3) The salary, allowances and other conditions of service of the directors shall be such as may be prescribed by the Ordinances of the University.
(4) There shall be appointed, in addition to such directors as may be further deemed proper by the Board to be appointed, the following directors, namely :-
(a) Director of Physical Plant;
(b) Director of Research;
(c) Director of Extension Education; and
(d) Director of students welfare.
(5) A director shall exercise such powers and perform such functions as may be specified in the ordinances of the University.
### 5. Librarian. - (1) There shall be appointed a librarian of the University by the Vice-Chancellor with the approval of the Board. (2)
The librarian shall deal with all the matters concerning University library including the purchase, cataloguing and maintenance of books, journals, periodicals, reports, etc.
(3) The librarian shall be responsible for the operation of the University library and shall work under the control of the Vice-Chancellor.
(4) The salary, allowances and other conditions of service of the librarian shall be such as may be specified in the ordinances of the University.
### 6. Deans of colleges, faculties and Post-Graduate Studies. - (1) There shall be a Dean for each college and faculty and for the post-Graduate Studies of the University. (2)
A Dean shall be appointed by the Vice-Chancellor on the recommendation of the Academic Council subject to the approval of the Board.
(3) A Dean shall receive such salary and allowances and his other conditions of service shall be such as may be specified in the ordinances of the University.
(4) The Dean shall be the Chairman of the Board of Studies of his faculty or college and shall be responsible to the Vice-Chancellor for observance of the Statutes and regulations relating to the faculty or college and for conducting and organising teaching, training, research, etc.
(5) The Dean shall co-ordinate the activities in various departments and sections of the college or the faculty and shall supervise the maintenance of records.
(6) The Dean of Post-Graduate Studies shall co-ordinate post-graduate studies in all colleges, departments and sections of the University and shall exercise general supervision on post-graduate thesis and research programmes.
(7) A Dean shall perform all such functions as are necessary for the proper functioning of the college or faculty or as are assigned to him by the Vice-Chancellor.
### 7. Board. - (1) The Board shall consist of the following members, namely :- I - Vice-Chancellor ex-officio Chairman
II- Nominated members :-
(a) two persons nominated by the Vice-Chancellor from amongst the Deans, Associate Deans and the Directors;
(b) two professors of the University nominated by the Vice-Chancellor;
(c) two persons nominated by the Vice-Chancellor from amongst the teachers other than professors, Deans, Associate Deans and Directors;
(d) two eminent educationists nominated by the Chancellor;
(e) one eminent scientist who has achieved distinction in agriculture, nominated by the State Government;
(f) one progressive farmer nominated by the State Government;
(g) one member of the State Legislative Assembly nominated by the Speaker;
(h) one nominee of the Indian Council of Agricultural Research ;
III- Ex-officio members :-
(a) Secretary to the Government, Department of Agricultural Production, Government of Rajasthan;
(b) Secretary to the Government, Department of Animal Husbandry, Government of Rajasthan;
(c) Secretary to the Government, Department of Education, Government of Rajasthan;
(d) Director of Agriculture, Government of Rajasthan;
(e) Registrar of the University Member-Secretary
(2) A nominated member of the Board shall hold office for a term of one year and shall be eligible for appointment for a second successive term. Such a person may be nominated again only after four years of the expiry of the pervious term of one year or, as the case may be, two years.
(3) Six member shall form the quorum for a meeting of the Board.
(4) The members of the Board shall not be entitled to any salary but may be paid such travelling and daily allowances as may be fixed by the Board.
(5) The Chairman of the Board may exercise such powers of the Board as may be delegated to him by the Board.
(6) The minutes of the meetings of the Board shall be recorded and maintained by the member secretary of the Board.
(7) A secretary to the Government who is, for any reason, unable to attend any meeting of the Board as its member may depute any officer subordinate to him to attend such meeting.
(8) The Board shall exercise the powers and perform the functions as under :-
(a) to manage and administer the finances, revenues, assets and properties of the University;
(b) to control and supervise all the administrative affairs of the University;
(c) to approve or sanction the annual budget of the University;
(d) to acquire, dispose of, hold or control the properties and funds of the University;
(e) to accept the transfer of any movable or immovable property on behalf of the University;
(f) to administer the funds placed at the disposal of the University for certain specific purposes;
(g) to create any posts of teachers and employees in the academic or administrative or any other department or office;
(h) to determine the terms and conditions of service of teachers and employees of the University;
(i) to specify the qualification and functions of teachers and employees;
(j) to appoint committees, standing or temporary, for any purpose;
(k) to permit or approve the borrowing of money and to make arrangement for its repayment;
(l) to invest money in stocks, funds or securities or in approved banks or other financial institutions or in the purchases of assets or properties in consultation with the Finance Committee;
(m) to regulate and approve the appointments of Visiting professors, Emeritus, Professors, Fellows, Scientists and experts and to determine the terms and conditions of such appointments;
(n) to enforce discipline in teachers and employees; and
(o) to regulate and determine all matters concerning the University in accordance with the Act and the Statutes,
(9) The Board shall meet at such intervals as it deems necessary: Provided that a meeting shall be held at least once in every three months.
### 8. Academic Council. - (1) The Academic Council of the University shall consist of the following members, namely :- (a)
Vice-Chancellor Ex-officio Chairman ;
(b) Dean, Post-graduate studies ;
(c) Deans of all faculties of the University;
(d) Directors of Research;
(e) Director of Extension;
(f) Director, Students Welfare;
(g) All Heads of departments not below the rank of Associate Professor;
(h) Two representatives of the Extension Programme not below the rank of Associate Professor nominated by the Vice-Chancellor by rotation:
(i) Two Associate Professors and four Assistant Professors having ten years experience in teaching degree or post-graduate classes including the experience in conduction or guiding research work or extension programme, to be elected from amongst themselves;
(j) Two persons nominated by the Vice-Chancellor form amongst persons possessing special attainments in the study of agriculture, not being teachers or employees of the University; and
(k) Registrar of the University Member-secretary
(2) The term of office of a nominated or elected member shall be two years.
(3) The Academic Council shall be incharge of the academic activities and affairs of all the colleges and institutions and shall exercise control over the courses, teaching, examinations and the award of degrees, diplomas and certificates.
(4) The Academic Council shall exercise the powers and perform the functions as under :-
(a) to supervise, control and regulate the academic policy of the University;
(b) to give direction in the matters of teaching, examination, evalution, research and extension;
(c) to take action for improvement of the academic standards;
(d) to make regulations for academic functioning, discipline, admission, fellowship, fee and other ancillary matters; and
(e) to do any other thing or act as may be prescribed from time to time
### 9. Board of Studies and Faculties. - (1) There shall be a Board of Studies in cash faculty consisting of such members as may be specified by the Vice-Chancellor. The Dean of the faculty shall be the ex-officio Chairman of its Board of Studies. (2)
There shall be as many faculties as may be determined by the Vice-Chancellor on the recommendation of the Academic Council. Each faculty shall comprise such departments with assignment of such subject as may be specified by the Vice-Chancellor.
(3) There shall also be a Post-graduate faculty with Dean of Post-graduate studies in it.
(4) Every department shall have a Head to be appointed by the Vice-Chancellor from amongst the professors or, in the absence of any professors, the Associate professors of that department or the officers of the Government.
(5) The Board of studies, the Dean and the Head of the department shall exercise such powers and perform such functions as may be specified in the Ordinances of the University or the regulations.
### 10. College, Research Stations and Extension Centers. - There shall be as many constituent and affiliated college, institutions research stations, and extension centers of the University as may be specified in the notification issued under sub-section (1) of section 36 and as may be from time to time further determined by the Board with the prior approval of the Chancellor. ###
11. Extension Education. - (1) The extension education shall be conducted by the Director of Extension and shall be primarily educational in nature (as distinct from supplies, services and regulation) in the State.
(2) There shall be imparted training including refresher training to the extension officers and other employees of various departments of the Government.
### 12. Selection Committees. - (1) Save as otherwise provided in the Act or the Statutes, there shall be a selection committee for appointments to each of the following categories of posts :- (a)
Professors;
(b) Readers;
(c) Lecturers;
(d) Directors;
(e) Heads of institutions, if any; and
(f) other academic staff.
(2) A Selection committee shall consist of the following members, namely :-
(a) Vice-Chancellor ex-officio Chairman;
(b) one expert form outside the University to be nominated by the Vice-Chancellor;
(c) a nominee of the Chancellor;
(d) a nominee of the Board; and
(e) a nominee of the Government.
(3) The quorum for a meeting of a selection committee shall be three.
(4) The procedure to be followed by a selection committee shall be such as may be specified in the Ordinances of the University.
(5) The selection committee shall make recommendations to the Board which may, while accepting such recommendations, send the same to the Vice-Chancellor for making appointment or may, while not accepting them, submit the case together with reasons for not accepting the recommendations to the Chancellor whose decision thereon shall be final and the Vice-Chancellor shall take action accordingly.
### 13. Ex-Cadre Promotion. - The provision of the Rajasthan Universities Teachers and Officers (Selection for Appointment) Act, 1974 ( Rajasthan Act 18 of 1974
) shall apply in the matter of ex-cadre promotions in the University.
### 14. Other Committees. - (1) An Authority may appoint as many standing or special committees as it may deem necessary and may also appoint any such person to a committee who is not a member of such Authority. (2)
A committee may deal with a matter assigned to it and the action taken by the committee shall be final on confirmation by the Authority appointing it.
### 15. Conditions of Service of Teachers and Employees. - All teachers and employees shall, in the absence of any contract in writing to the contrary, be governed by the terms and conditions and the code of conduct as may be specified in the Ordinances of the University from time to time ###
16. Suspension or Removal of Teachers and Employees. - (1) Where suspension appears necessary on account of misconduct on the part of a teacher or an employee, the Appointing Authority shall have powers to place such teacher or the employee under suspension and to send a report to the Board immediately.
(2) The appointing authority may, after an enquiry in which reasonable opportunity of showing cause and hearing has been given, make an order of removal from service of a teacher or an employee.
(3) Save as provided in clause (2), a teacher or an employees shall not be removed from service without a good cause and without giving him three months notice in writing or three months salary in lieu of notice.
### 17. Resignation. - (1) In the case of permanent employment, a teacher or an employee may resign from service after giving three months notice or paying three months salary in lieu of notice to the appointing authority. In the case of employment not being permanent, one month's notice or one month's salary shall be sufficient. (2)
The resignation shall take effect form the date on which it is accepted by the appointing authority.
### 18. Discipline. - (1) The discipline shall be maintained in the University by the Vice-Chancellor and he shall have power to take such disciplinary action against a students as appears necessary. (2)
A student may be expelled from the University or rusticated for any period or punished with fine or debarred from taking any examination conducted by the University for one or more years as may be ordered by the Vice-Chancellor.
(3) The result of examination may be withheld or cancelled in respect of any student as may be ordered by the Vice-Chancellor.
(4) The heads of recognised institutions shall have power to take disciplinary action against any student of the institution.
|
65b960feab84c7eca86e8fa4 | acts |
State of Bihar - Act
----------------------
The Code of Criminal Procedure (Bihar Amendment) Act, 1976
------------------------------------------------------------
BIHAR
India
The Code of Criminal Procedure (Bihar Amendment) Act, 1976
============================================================
Act 8 of 1977
---------------
* Published on 10 January 1977
* Commenced on 10 January 1977
The Code of Criminal Procedure (Bihar Amendment) Act, 1976
(Bihar Act
8 of 1977
)
Published in Bihar Gazette, Extraordinary, dated 10.1.1977, and received assent on the same date.
An Act to amend the Code of Criminal Procedure, 1973 in its application to the State of Bihar.
Be it enacted by the Legislature of the State of Bihar in the Twenty-seventh Year of the Republic of India as follows:
### 1. Short title and commencement.
(1) This Act may be called the Code of Criminal Procedure (Bihar Amendment) Act, 1976.
(2) It shall come into force at once.
### 2. Amendment of Section 11 of Act 2 of 1974.
- After sub-section (3) of Section 11 of the Code of Criminal Procedure, 1973 (2 of 1974) (hereinafter referred to as the said Code) the following sub-section shall be inserted and shall be deemed always to have been inserted, namely:-
"(4) The State Government may likewise establish for any local area one or more courts of Judicial Magistrate of the First Class or Second Class to try any particular cases or particular class or categories of cases."
### 3. Amendment of Section 13 of Act 2 of 1974.
- In Section 13 of the said Code for the word "in any district" the words "in any local area" shall be substituted and shall be deemed to have been always substituted.
### 4. Amendment of Section 15 of Act 2 of 1974.
- After sub-section (2) of Section 15 of the said Code the following sub-section shall be substituted and shall be deemed always to have been substituted, namely:-
"(3) Any Judicial Magistrate exercising powers over any local area extending beyond the district in which he holds his court shall be subordinate to the Chief Judicial Magistrate of the said district and reference in the Code to the Sessions Judge shall be deemed to be reference to the Sessions Judge of that district where he holds his court."
### 5. Repeal and Savings.
(1) The Code of Criminal Procedure (Bihar Amendment) Ordinance, 1976 (Bihar Ordinance No. 190 of 1976) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken in the exercise of any powers conferred by or under said Ordinance shall be deemed to have been done or taken in the exercise of powers conferred by or under this Act as if this Act were in force on the day on which such thing or action was done or taken.
|
65b9a265ab84c7eca86e9821 | acts |
State of Haryana - Act
------------------------
Rules under the Punjab Restitution of Mortgaged Lands Act, 1938
-----------------------------------------------------------------
HARYANA
India
Rules under the Punjab Restitution of Mortgaged Lands Act, 1938
=================================================================
Rule RULES-UNDER-THE-PUNJAB-RESTITUTION-OF-MORTGAGED-LANDS-ACT-1938 of 1938
-----------------------------------------------------------------------------
* Published on 31 August 1939
* Commenced on 31 August 1939
Rules under the Punjab Restitution of Mortgaged Lands Act, 1938
Published vide Punjab Government Notification No. 3251-R, dated the 31st August, 1939.
### 1. These rules shall be called the Punjab Restitution of Mortgaged Lands Rules, 1938
### 2. In these rules, unless there be anything repugnant in the context, -
(i) "Act" means the Punjab Restitution of Mortgaged Lands Act, 1938;
(ii) "Compensation" means the amount assessed by the Collector under section 7 of the Act as payable to a mortgagee prior to the restitution of any mortgaged land to the mortgagor; and
(iii) "petition" means a petition under section 4 of the Act.
### 3. (1) A petition shall be in form A attached to these rules, signed and verified as laid down in Order VI, rules 14 and 15, respectively of the [Code of Civil Procedure, 1908.]
[Substituted by GSR 42, dated 29th March, 1968.]
(2) A petition shall bear the court-fee prescribed by Article I(b) of Schedule II to the Court-fees Act, 1870, be accompanied by an attested copy of the latest jamabandi entry relating to the land, and a copy of the original mutation of mortgage. There shall be filed with the petition as many copies thereof as is the number of persons mentioned in columns 2 and 3 of the petition :
Provided that if the petitioner is unable to supply copies of the latest jamabandi and the original mutation of the mortgage, he shall pay a fee of Rs. 2 and the Collector shall get those copies from his office.
(3) A petition shall be presented to the Collector by the petitioner personally or through a duly authorised agent. In the case of two or more petitioners, it may be presented by any one of them.
### 4. When there are more mortgagers than one and all of them do not join in making a petition, it may be made by any one or more of them, the names of the others being set out in column 2 of the petition and the other mortgagers may subsequently be allowed to join as petitioners on such terms as may be decided by the officer hearing the petition.
### 5. On receipt of a petition, or if it is not in order after getting the necessary corrections made, the Collector shall order it to be registered, fix a date for hearing the petition and cause notice thereof together with a copy of the petition to be served on the persons mentioned in columns 2 and 3 of the petition.
### 6. Except as otherwise provided by these rules an officer dealing with a petition shall be guided by the procedure prescribed for revenue officers under the Punjab Tenancy Act, 1887, in so far it may be applicable.
### 7. The persons mentioned in columns 2 and 3 of the petition may at the first hearing, and shall if required by the Collector at any time, present a written statement of their defence, which shall also be signed and verified as laid down in Order VI, rules 14 and 15, respectively, of the [Code of Civil Procedure, 1908.]
[Substituted by GSR 42, dated 29th March, 1968.]
### 8. (1) Parties to proceedings under the Act may appear in person or through a legal practitioner holding a power of attorney or other duly authorised agent.
(2) If any one of the petitioners or respondents is a minor or of unsound mind, the provisions of Order XXXII, [Code of Civil Procedure, 1908]
[Substituted by GSR 42, dated 29th March, 1968.]
, shall, so far as these may be applicable apply to proceedings under the Act.
### 9. The Collector shall then hear the evidence produced by the parties and make such further enquiries as he may deem fit.
[10. In assessing the benefits received by a mortgagee while in possession the Collector shall, in the absence of any satisfactory evidence to the contrary, presume that they were equal to the net assets of the land as defined in section 3(18) of the Punjab Land Revenue Act, 1887. To avoid difficulty where cash rents are rare and to secure uniformity, the estimate of net assets based on rents in kind prescribed by rule 1 of the Land Revenue Assessment Rules, 1929, shall be used. For the Collector's assistance these have been tabulated and the Collector shall in the absence of evidence to the contrary, adopt the scale of benefits shown in the table for his district. Such contrary evidence may be offered by a mortgager, inter alia, to justify a proportionate increase in the net assets for years of high prices or areas of intensive cultivation; and by a mortgagee, inter alia, to justify a proportionate reduction of these net assets for extraordinary calamities.]
[Substituted by Punjab Government notification No. 1880-R, dated the 9th September, 1941.]
### 11. The compensation shall be the balance left after deduction of the sum assessed under the provisions of the foregoing rules from twice the amount of the principal sum originally advanced under the mortgage :
Provided that the compensation shall in no case exceed the scale laid down in sub-section (2) of section 7 of the Act.
### 12. After determining the amount of compensation due, the Collector shall fix a time, which may for sufficient reasons be subsequently extended, within which the petitioners shall deposit the amount in the Government treasury for disbursement to the mortgagee.
### 13. When the mortgagee has deposited with the Collector the mortgage deed and other documents, if any, evidencing the mortgage or title to the land, or satisfied him that the documents though at one time existing had been lost, he shall be entitled to receive the amount of compensation in accordance with the rules of the treasury, and the documents of title shall be made over to the petitioner.
### 14. (1) On application by a petitioner in whose favour an order has been made under section 8 of the Act, the Collector may issue a warrant directing the petitioner to be put into possession of the land.
(2) If any co-mortgagor fails to apply under rule 4 to be made a petitioner, or being a petitioner fails to pay his share of the compensation assessed, possession shall be given to the mortgagor by whom such compensation has been paid in full; and such co-mortgagor shall continue to be shown in the revenue records as mortgagor until such time as he has paid his share to the person who has made payment being shown as mortgagee of his share.
(3) The warrant shall after execution and with necessary endorsement be returned to the Collector.
(4) Possession shall normally be delivered between the first day of May and the fifteenth day of June unless the land is lying vacant, but the petitioner may, subject to the payment by him of compensation for standing crops, as may be determined by the Collector, be allowed possession at any other time.
### 15. (1) When any mortgage transaction affects land situated in more districts than one, a petition may be made to the Collector of any one of those districts, and the Collector to whom the petition is made shall deal with the case as if the entire land were situated in his district.
(2) In a petition covered by the above clause the Collector receiving the application shall transmit a copy of the same to the Collector of each district where any part of the rest of the land is situated.
(3) The Collector hearing the case may have the statements contemplated by [rule 10]
[Substituted by G.S.R. 42, dated 29th March, 1968.]
, so far as these relates to the areas situated in other districts, prepared through the Collector thereof.
(4) Every final order passed under sections 6 to 9 of the Act by the Collector enquiring into the petition shall, so far as it relates to the land lying in the other districts, be similarly communicated to the Collectors thereof.
### 16. If after the receipt by any Collector of an intimation under rule 15(2) above any fresh petition is made to him in respect of the mortgage covered by the first petition, he shall forward the same to the Collector of the district where the first petition is pending and advise the petitioner to seek his remedy there.
### 17. In cases covered by rule 15 above, the Collector issuing a warrant of possession under rule 14 shall issue a separate warrant for the area lying in each other district and transmit the same for execution to the Collector thereof, who shall executed the warrant as if it had been issued by himself.
### 18. The dismissal of any petition for default shall not bar a fresh petition on similar facts, nor shall the failure of a petitioner to pay the amount of compensation have such a result :
Provided that such fresh petition shall not entitle the Collector to question the previous decision, except in so far as it may have been altered on appeal; but the Collector may hold an enquiry regarding the period subsequent to the date of the presentation of the petition in the first case, taking the amount assessed as compensation in that case as the mortgage debt.
[19. Any dispute between the persons claiming to be entitled to compensation shall be decided by the Collector.]
[Substituted by G.S.R. 42, dated 29th March, 1968.]
### 20. (1) An appeal against an order by a Collector or a Commissioner under the Act shall be preferred by submitting a memorandum, accompanied by an attested copy of the order appealed against.
(2) Each such memorandum shall bear the court-fee prescribed by Article II of Schedule II of the Court-fees, Act, 1870.
### 21. Appeals shall be heard, after proper notice to the parties, on a date fixed for the purpose and the procedure in force for the reception, hearing and disposal of appeals by Revenue Officers under the Punjab Tenancy Act of 1887 shall apply so far as it is applicable.
Form A
Application under section 4 of the Restitution of Mortgaged Lands Act
in the district of \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Tahsil \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Year \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
Name parentage, \*[-] and residence of the applicant
|
Name, parentage, \*[-] and residence of other mortgagers not
joining the application
|
(a) Name, parentage, caste and residence of mortgagee, and (b)
if he be not in possession of the person in possession of the
land
|
The area and description of the land to be restored
|
The date of the mortgage
|
The name, parentage,\*[-] and residence of the original
mortgager and mortgagee
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
The amount for which the mortgage was effected
|
Payments, if any, made towards the mortgage debt
|
Period for which the mortgagee has been in possession
|
How does the applicant claim the right of restitution
|
In case the respondent was not the original mortgagee, the
manner in which he came to possess the mortgagee rights
|
Remarks
|
|
7
|
8
|
9
|
10
|
11
|
12
|
|
|
|
|
|
|
|
Note. - (1) Attested copies of the latest jamabandi entry relating to the land and the mutation of the mortgage in question be attached to the petition.
(2) The facts in columns 5 to 11 should be given as are known to the petitioner, and any mistake therein will not effect the petition.
(3) If the petitioner is unable to secure copies of the latest jamabandi entry and the mortgage mutation or to give the facts required in columns Nos. 5 to 11, he should pay a fee of Rs. 2 and the Collector shall get the necessary documents and facts from his office.
Signature of the petitioner \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Verification
Verified that the facts set out in columns \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ are true to my knowledge while facts set out in column Nos. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ are true to my belief and information, Verified at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ on \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
Signature of the person making the verification \_\_\_\_\_\_\_\_\_\_\_\_
\* The word "caste" omitted by G.S.R. 42, dated 29th March, 1968.
|
65ba823cab84c7eca86ebcbe | acts |
Union of India - Act
----------------------
The Foreigners Order, 1948
----------------------------
UNION OF INDIA
India
The Foreigners Order, 1948
============================
Regulation FOREIGNERS-ORDER of 1948
-------------------------------------
* Published on 14 February 1948
* Commenced on 14 February 1948
The Foreigners Order, 1948
(31 of 1946)
### 130. and in supersession of the Foreigners Order, 1939 and of all notifications amending the same, the Central Government is pleased to make the following Order:
| |
| --- |
|
Published in the Gazette of India, 1948, Pt.I, Section 1, dated 14.2.1948, p.198. Vide No. 9/9/46-Political (EW) , dated 10.2.1948.
|
### 1. Short title, commencement and extent.
(1) This Order may be called The Foreigners Order, 1948.
(2) It shall come into force at once.
(3) It extends to the whole of India.
### 2. Definitions.
- In this Order
(1) Registration Officer means a Registration Officer as defined in the [Registration of Foreigners Rules, 1939]
[Now see the Registration of Foreigners Rules, 1992.]
, or such other officer as may be authorised by him to perform the functions of a Registration Officer under this Order;
(2) civil authority means such authority as may be appointed by the Central Government in this behalf for such area as it thinks fit;
(3) port includes an airport.
### 2A. [ Authority prescribed for the purpose of section 7 of the Foreigners Act, 1946.
[Inserted by Notification No. G.S.R. 325(E) , dated 18.3.2016.]
- For the purpose of section 7 of the Foreigners Act,1946, the prescribed authority shall be the Registration Officer.]
### 3. Power to grant or refuse permission to enter India.
- [(1) No foreigner
shall enter India
(a) otherwise than at such port or other place of entry on the borders of India as a Registration Officer having jurisdiction at that port or place may appoint in this behalf, either for foreigners generally or for any specified class or description of foreigners; or
(b) without the leave of the civil authority having jurisdiction at such port or
place.]
(2) Leave to enter shall be refused if the civil authority is satisfied that,
(a) the foreigner is not in possession of a valid passport or visa for India or has not been exempted from the possession of a passport or visa;
(b) he is a person of unsound mind or a mentally defective person;
(c) he is suffering from a loathsome or infectious disease in consequence of which, in the opinion of the medical officer of the port or the place of entry, as the case may be, the entry of the foreigner is likely to prejudice public health;
(d) he has been sentenced in a foreign country for an extradition offence within the meaning of the Indian Extradition Act, 1903 (15 of 1903);
(e) his entry is prohibited either under an order issued by a competent authority or under the specific orders of the Central Government.
(3) The civil authority may attach such conditions as it thinks fit to the grant of leave to enter and such conditions may be varied in such manner or cancelled as the Central Government deems fit.
(4) (a)
Notwithstanding anything contained in sub-paragraphs (1) to (3) or in the [Indian Passport Act, 1920 (34 of 1920)]
[See the Passport (Entry into India) Act, 1920 (34 of 1920.)]
, or in the rules made thereunder, a civil authority may, in the interests of public safety, prohibit the entry of any foreigner into India.
(b) Whenever the civil authority issues an order under clause (a), it shall report the matter forthwith to the Central Government which may cancel or modify the order in such manner as it thinks fit.
(5) Where leave to enter is refused to a foreigner, he may be detained at some place approved by the civil authority and may, if he has come by sea, be placed temporarily on shore for that purpose, and whilst he is so detained a foreigner shall be deemed to be in legal custody and not to have entered India.
### 3A. [ Exemption of certain class of foreigners.
[Inserted by Notification No. G.S.R. 686(E) , dated 7.9.2015.]
(1) Persons belonging to minority communities in [Afghanistan, Bangladesh]
[Substituted by S.R.O.1466, dated 21.6.1956.]
and Pakistan, namely, Hindus, Sikhs, Buddhists, Jains, Parsis and Christians who were compelled to seek shelter in India due to religious persecution or fear of religious persecution and entered into India on or before the 31st December, 2014-
(a) without valid documents including passport or other travel documents and who have been exempted under rule 4 from the provisions of rule 3 of the Passport (Entry into India) Rules, 1950, made under section 3 of the Passport (Entry into India) Act, 1920 (34 of 1920); or
(b) with valid documents including passport or other travel document and the validity of any of such documents has expired,
are hereby granted exemption from the application of provisions of the Foreigners Act, 1946 and the orders made thereunder in respect of their stay in India without such documents or after the expiry of those documents, as the case may be, from the date of publication of this order in the Official Gazette.]
### 4. Landing of Seamen.
(1) No seaman or member of the crew of an aircraft, being a foreigner, shall land in India without a special permit from the Superintendent of Police or any other Police Officer not below the rank of a Sub-Inspector or Sergeant.
(2) No such permit shall be granted unless the owners or agents of the vessel or aircraft have undertaken either generally in respect of all members of the crew of vessels or aircraft belonging to or managed by them or in an individual case the responsibility for the maintenance of such seaman or member of the crew during his residence in India and for the expenses of his departure from India.
(3) For the purpose of this paragraph seaman has the meaning assigned to it in the [Registration of Foreigners Rules, 1939]
[Now see the Registration of Foreigners Rules, 1992.]
.
(4) The provisions of this paragraph are in addition to, and not in derogation of, the provisions of paragraph 3.
### 5. Power to grant permission to depart from India.
- [(1) No foreigner shall leave India,
(a) otherwise than at such port or other recognised place of departure on the borders of India as a Registration Officer having jurisdiction at that port or place may appoint in this behalf, either for foreigners generally or for any specified class or description of foreigners; or
(b) without the leave of the civil authority having jurisdiction at such port or
place.]
(2) Leave shall be refused if the civil authority is satisfied that
(a) the foreigner has failed to comply with the formalities of departure prescribed under the [Registration of Foreigners Rules, 1939]
[Now see the Registration of Foreigners Rules, 1992]
;
(b) the foreigners presence is required in India to answer a criminal charge;
(c) the foreigners departure will prejudice the relations of the Central Government with a foreign power;
(d) the departure of the foreigner has been prohibited under an order issued by a competent authority.
(3) (a)
Notwithstanding anything contained in the above sub-paragraphs, a civil authority may prohibit the departure of a foreigner where it is satisfied that such departure would not be conducive to the public interest.
(b) Whenever a civil authority issues an order under clause (a), it shall report the matter forthwith to the Central Government which may cancel or modify the order in such manner as it thinks fit.
[5-A. Power to examine persons.
[Inserted by S.R.O. 2675, dated 14.8.1954.]
- The civil authority may examine any person who seeks leave to enter India or to depart therefrom or during his stay in India for the purposes of the Foreigners Act, 1946, or of any order made thereunder; and it shall be the duty of every such person to furnish to the civil authority such information in such manner and at such times, as that authority may require.]
[Substituted by S.R.O.1466, dated 21.6.1956.]
### 6. Liability of master of vessel, etc., to remove a foreigner.
(1) A civil authority may require the master of the vessel or pilot of the aircraft in which a foreigner has arrived or the owners or agents of that vessel or aircraft, as may be appropriate in the opinion of such civil authority, to remove a foreigner who has been refused permission to enter or who has entered India without its permission [or who has been landed in contravention of sub-rule (3)]
[Inserted by G.S.R. 836, dated 18.9.1958.]
and the master, pilot, owner or agent, as the case may be, shall comply with such requisition, unless it is received more than two months after the date of the arrival of the foreigner in India.
(2) The master of a vessel or the pilot of an aircraft, scheduled to call at any port outside India, shall, if so required by the Central Government, receive a foreigner in respect of whom an order directing that he shall not remain in India has been made, and his dependents, if any, on board the vessel or aircraft, as the case may be, and afford him and them a passage to that port and proper accommodation and maintenance during the passage.
(3) The master of any vessel or the pilot of any aircraft shall not, without the permission of the civil authority, land at any port in India any person travelling by that vessel or aircraft against the wishes of such person, unless such person has been required by the Central Government to be brought to India.
[(4) Nothing contained in the Foreigners (Exemption) Order, 1957, shall preclude the operation and application of the provision of sub-paragraph (3)]
[Inserted by G.S.R. 547, dated 30.3.1971.]
.
[6-A. Liability of master of vessel or country representative or station manager of airline to provide information.
[Substituted by Notification No. G.S.R. 56(E) , dated 24.1.2008 (w.e.f. 1.4.2008).]
- The master of a vessel or country representative or station manager of an airline, as the case may be, arriving or landing in India, shall provide the following information about the passengers on board and crew, in electronic form, within fifteen minutes of leaving or taking off of the vessel or aircraft from the port of embarkation outside India, to the immigration authority on the ports of arrival or landing in India, namely:
(i) flight information:
(a) airline carrier code and flight number;
(b) departure airport;
(c) scheduled departure date and time;
(d) arrival airport;
(e) scheduled arrival date and time;
(ii) passenger information:
(a) last name;
(b) first name;
(c) middle name;
(d) gender;
(e) date of birth;
(f) nationality;
(iii) journey information:
(a) journey start airport;
(b) destination airport;
(c) passenger name record locator;
(iv) travel document information:
(a) document type;
(b) document number;
(c) expiry date; and
(d) country of issue.
For crew, in addition to the above information, the information about cockpit or operating crew indication shall also be furnished.]
### 7. [ Restriction of sojourn in India.
[Substituted by G.S.R. 74, dated 12.1.1959.]
- [(1) Every foreigner who enters India on the authority of a visa issued in pursuance of the Indian Passport Act, 1920 (34 of 1920), shall obtain from the Registration Officer having jurisdiction, either at the place at which the said foreigner enters India or at the place at which he presents a registration report in accordance with rule 6 of the [Registration of Foreigners Rules, 1939], a permit indicating the period during which he is authorised to remain in India and also indicating the place or places for stay in India, if any, specified in the visa. In granting such permit, the said Registration Officer may restrict the stay of the foreigner to any of the places specified in the visa].]
(2) [ Every foreigner to whom the provisions of sub-paragraph (1) do not apply shall obtain a permit indicating the period during which he is authorised to remain in India from the Registration Officer to whom he presents a registration report in accordance with rule 6 of the [Registration of Foreigners Rules, 1939]
[Substituted by G.S.R. 868, dated 16.6.1965.]
.]
(3) Every foreigner to whom a permit is issued under sub-paragraph (1) or sub-paragraph (2)
[(i) shall not, if the permit indicates the place or places for stay in India, visit any other place unless the permit is extended by the Central Government to such other place; [\*]
(ii) [ shall, if the permit indicates the place or places for stay in India, report in person or in writing his arrival at, and departure from, any such place to the Registration Officer having jurisdiction at such place, within twenty-four hours after his arrival or, as the case may be, before his intended departure; and
[Inserted by G.S.R. 312(E) , dated, 24.4.2002 (w.e.f. 24.4.2002).]
(iii) [ shall, unless the period indicated in the permit is extended by the Central Government, depart from India before the expiry of the said period; and at the time of the foreigners departure from India the permit shall be surrendered by him to the Registration Officer having jurisdiction at the place from which he departs.)]
### 8. Prohibited places.
(1) No foreigner shall, without the permission of the civil authority having jurisdiction at such place, visit, or reside in, any prohibited place as defined in the Indian Official Secrets Act, 1923 (
19 of 1923
).
(2) Where any foreigner is, on the commencement of this Order, residing in any prohibited place and is not permitted to continue to reside there, he shall, within such time as may be specified by the civil authority, remove himself from such place.
(3) The civil authority may impose on any householder or other person in such prohibited place the obligation to report to the police or to any naval, military or air-force authority the presence of any foreigner in his household or in any premises occupied by him or under his control and the departure of any such foreigner and such other particulars with respect to such foreigner as may be prescribed by such authority.
### 9. Protected areas.
(1) The Central Government or, with its prior sanction, a civil authority may by order declare any area to be a protected area for the purposes of this Order.
(2) On such declaration, the civil authority may, as to any protected area, by order
(a) prohibit any foreigner or any class of foreigner from entering or remaining in the area;
(b) impose on any foreigner or class of foreigners entering or being in the area such conditions or restrictions as it may think fit as to
(i) reporting to the police or any naval, military, or air-force authority;
(ii) surveying or making sketches or photographs;
(iii) the use or possession of any machine, apparatus, or other article of any description;
(iv) the acquisition of land or any interest in land within the area;
(v) any other matter or thing as to which it may deem it necessary in the interests of public safety impose conditions or restrictions;
(c) impose on any householder or other person the obligation to report to the police or any naval, military, or air-force authority the presence of any foreigner in his household or in any premises occupied by him or under his control, and, the departure of any such foreigner and such other particulars with respect to any such foreigner as may be prescribed by the order:
Provided that the civil authority may, subject to any general or specific direction of the Central Government, grant to an individual foreigner a special permit exempting him from any or all of the conditions or restrictions imposed under this sub-paragraph.
### 10. Restrictions on employment.
[(1) No foreigner shall, without the permission in writing of the civil authority, either enter any premises relating to or accept employment in, or in connection with,
[(i) any undertaking for the supply to Government or to the public of light, petroleum, power or water; or
(ii) any other undertaking which may be specified by the Central Government in this behalf.]
[(1-A) No foreigner employed
without the permission in writing of the civil authority before the commencement of the Foreigners (Amendment) Order, 1964, in any undertaking referred to in clause (i) of sub-paragraph (1) shall remain employed in such undertaking, without the permission in writing of the civil authority, after the expiry of a period of three months from the commencement of the Foreigners (Second Amendment) Order, 1964.
(1-B) No foreigner employed in any undertaking specified in clause (ii) of sub-paragraph (1) before the undertaking was so specified shall remain employed in such undertaking, without the permission in writing of the civil authority, after the expiry of a period of one month from the date of commencement of the Foreigners (Second Amendment) Order, 1964, or the date on which the undertaking was so specified, whichever is later]
[Inserted by G.S.R. 1108, dated 30.7.1964.]
:
[Provided that no Pakistani national shall remain employed in any such undertaking as is referred to in clause (ii) of sub-paragraph (1), which has been, or may be specified after the 1st September, 1965, unless he has obtained permission in writing from the civil authority within twenty-four hours from the date of commencement of the Foreigners (Second Amendment) Order, 1964 or from the date on which the undertaking is so specified, whichever is later.]
[Added by G.S.R. 1476, dated 29.9.1965.]
(2) The management of any undertaking referred to in a sub-paragraph (1) shall furnish to the civil authority such information regarding foreigner employed in that undertaking and make available for inspection such records and registers as may be called for by the authority.]
[Substituted by S.O.340, dated 24.1.1964.]
### 11. Power to impose restrictions on movements, etc.
- The civil authority may, by order in writing, direct that any foreigner shall comply with such conditions as may be specified in the order in respect of
(1) his place of residence;
(2) his movements;
(3) his association with any person or class of persons specified in the order; and
(4) his possession of such articles as may be specified in the order.
[11-A.
Restrictions on certain activities.
[Inserted by G.S.R. 754, dated 14.5.1971.]
- Notwithstanding anything contained in the Foreigners (Exemption) Order, 1957, no foreigner shall produce, or attempt to produce, or cause to be produced, any picture or film, including a documentary or feature film for television or the screen, intended for public exhibition, except with the permission in writing of, and subject to such conditions as may be specified in this behalf, by the Central Government.]
[Substituted by S.O.1793, dated 18.7.1960.]
[11-B. Restrictions on mountaineering expeditions
[Substituted by S.O.1881(E) , dated 1.11.2006 (w.e.f. 1.11.2006).]
.Notwithstanding anything contained in the Foreigners (Exemption) Order, 1957, no foreigner or group of foreigners shall climb or attempt to climb any mountain peak in India, except those peaks with routes as specified in the Schedule appended to this Order without obtaining the prior permission in writing of the Central Government on an application made in that behalf through the Indian Mountaineering Foundation (a registered society having its registered office in the National Capital Territory of Delhi) and without specification of route to be followed, accompaniment by liaison officer, use of photographic and wireless communication equipment, as may be laid down in this behalf by the Central Government. However, the prior permission of the Central Government shall be required by nationals of China, Pakistan, Bangladesh and Afghanistan even for climbing peaks included in the Schedule:
Provided that the Indian Mountaineering Foundation will specify routes, attach liaison officer and impose such restrictions as it may deem necessary in respect of peaks specified in the Schedule also.]
### 12. Powers to remove foreigners from Cantonments.
- The military officer for the time being in command of the forces in a Cantonment may, by order in writing, direct any foreigner to remove himself from the Cantonment within such time as may be specified in the order.
### 13. Power to close clubs and restaurants.
(1) A civil authority may direct that any premises in its jurisdiction which in its opinion are used for the sale of refreshments to be consumed on the premises or as a place of public resort or entertainment, or as a club, and which are or have recently been frequented by foreigners, shall be either closed altogether or kept closed during such hours or for such purposes as may be required by it, if in its opinion either
(a) the foreigner so frequenting the premises are of criminal or disloyal associations or otherwise undesirable; or
(b) the premises are conducted in a disorderly or improper manner, or in a manner prejudicial to the public good, and if any premises are kept open in contravention of any such direction the occupier or person having control of the premises shall be deemed to have acted in contravention of this order.
(2) Where any premises have been closed under this paragraph the occupier or person having control of the premises shall not occupy or control any other premises which are used for the sale of refreshments, or as a place of public resort or entertainment, or as a club without the consent of the civil authority of the area in which the premises are situate.
(3) Any police officer, if authorised by the civil authority may, for the purpose of enforcing the provisions of this paragraph, enter, if necessary by force, and search or occupy any premises in respect of which an order under this paragraph has been made by the civil authority.
(4) Any action taken by a civil authority under sub-paragraphs (1) to (3) above shall be reported forthwith to the Central Government which may cancel or modify such order in such manner as it deems fit.
### 14. Expenses of deportation.
- Where an order is made in the case of any foreigner directing that he shall not remain in India or where a foreigner is refused permission to enter India or has entered India without permission, the Central Government may, if it thinks fit, apply any money or property of the foreigner in payment of the whole or any part of the expenses of or incidental to the voyage from India and the maintenance until departure of the foreigner and his dependants, if any.
### 15. [ Report to be made by Universities and Educational Institutions.
[Inserted by Notification No. G.S.R. 325(E) , dated 18.3.2016.]
(1) Every University and Educational Institution shall furnish to the Registration Officer, information in respect of foreign students enrolled in the University or the Educational Institution in Form A within the period mentioned therein.
(2) The Form A shall be available online and may be submitted electronically to the Registration Officer in the manner directed by him.
(3) The provisions in this paragraph shall not apply to, or in relation to, the persons registered as Overseas Citizen of India Cardholder under the Citizenship Act,1955.
### 16. Report to be made to and by hotel keepers.
(1) Every keeper of a hotel shall require every visitor to the hotel to furnish the particulars necessary for recording, and sign, on his arrival at the hotel, his name and nationality in a register maintained for the purpose in Form B and, if such visitor is a foreigner shall further require him -
(a) on his arrival at the hotel to furnish the other particulars specified in Items 4 to 11 of the said register; and
(b) at the time of his departure from the hotel to furnish the particulars necessary for recording in the said register, the date and time of his departure and the address to which he is proceeding.
(2) The register referred to in sub-paragraph (1) shall at all time be made available for inspection, on the demand of any Registration Officer, magistrate or police officer not below the rank of a head constable.
(3) Every visitor to any hotel shall, on being required to do so by the keeper of the hotel, furnish the particulars necessary for recording, and sign, his name and nationality, in the register referred to in sub-paragraph (1), and if such visitor is a foreigner, shall also,-
(a) on his arrival at the hotel furnish the other particulars specified in Items 4 to 11 of the said register; and
(b) at the time of his departure from the hotel, furnish the particulars necessary for recording, in the said register, the date and time of his departure and the address to which he is proceeding.
(4) Every particular, other than the signature of the keeper of a hotel or a visitor, which is required by this order to be recorded in the said register, shall be recorded by the keeper of the hotel in English language, if he is so able, or otherwise, in an Indian language.
(5) If a visitor does not understand English language, it shall be the duty of the keeper of the hotel, if so requested to explain to the visitor the requirements of this order.
(6) The keeper of the hotel shall, as soon as may be but not more than twenty-four hours, after the arrival of a foreigner, transmit a copy of Form C, duly completed from the particulars furnished by the foreigner, to the Registration Officer.
(7) For the purpose of this paragraph,-
(a) "hotel" includes any boarding-house, club, dak-banglow, rest house, hostel, paying guest house, sarai, rented accommodation, hospital, or other premises of like nature, furnished or unfurnished, where lodging or sleeping accommodation is provided for reward;
(b) "keeper of a hotel" means the person having the management of a hotel and includes any person authorised by him, and competent to perform the duties of the keeper of the hotel under this paragraph;
(c) "sign" includes, in respect of a visitor who is unable to write, the marking of a thumb impression or other mark by means of which he is accustomed to attest a document; and
(d) "visitor" means a person for whom accommodation is provided at the hotel.
(8) The Form C shall be available online and may be submitted electronically to the Registration Officer in the manner directed by him.
(9) The provisions in this paragraph shall not apply to, or in relation to, the persons registered as Overseas Citizen of India Cardholder under the Citizenship Act,1955.]
[Form A]
[Inserted by Notification No. G.S.R. 325(E) , dated 18.3.2016.]
[See paragraph 15(1) ]
Foreign Students Information System
Datasheet
| |
| --- |
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Student
Information
(to be furnished within 24 hours
from the time of admission
|
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Surname
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Given name
|
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Date of Birth
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Gender
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Nationality
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Parent name
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Father name/ Mother name
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Parent Relation
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Father / Mother
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Address in India
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Institution Admission No.
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Date of joining in Institution
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Sponsoring Agency
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Passport number
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Date of issue of Passport
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Place of issue of Passport
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Passport issued Country
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Date of Expiry of Passport
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Visa number
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Visa issued Date
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Place of issue of Visa
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Visa issued Country
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Visa Expiry Date
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Visa Type
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Visa valid for
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Purpose of visit
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Course
details
(to be furnished within 24 hours
of admission)
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Course Name
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Course Pattern
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Non-Semester/ Semester/ Short Term
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Course Duration
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From Date: To Date:
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Fee Structure
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Registration
with FRRO/ FRO
(to be furnished within 14 days
from the date of arrival)
|
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Registration Certificate No.
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RC issued Date
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RC Expiry Date
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Change
of Course Details
(to be furnished within 24 hours
from the time of change of course)
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Course Name
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Course Pattern
|
Non-Semester/ Semester/ Short Term
|
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Course Duration
|
From Date: To Date:
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Fee Structure
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Academic
Performance Entry
(To be furnished Semester-wise;
attendance details to be furnished half-yearly)
|
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Assessment Period
|
From Date: To Date:
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Attendance
|
Regular/ Irregular
|
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Examination Conducted
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Yes / No
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Result
|
Pass/ Fail
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General Conduct of Student
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Good/ Bad
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Enter Details of Conduct
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Remark Entry
|
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Eligible to Continue Course
|
Yes/ No
|
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Exit
Entry (Details of Student Exit from Institution)
(to be furnished within 24 hours
from the time of completion of the course/ date of exit from the
institute/ course)
|
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Student's Exit Information
|
Date:
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Reason to Exit
|
Course Completed/ Discontinued by Student/
Terminated.
|
[Form B]
[Inserted by Notification No. G.S.R. 325(E) , dated 18.3.2016.]
[See paragraph 16(1) ]
Hotel Register
### 1. Serial No. ###
2. Name of the visitor in full (in block capitals, surname first)
### 3. Nationality ###
4. Number, date and place of issue of passport
### 5. Address in India ###
6. Date of arrival in India
### 7. Whether employed in India Yes or No ###
8. Proposed duration of stay in India
### 9. Arrived from ###
10. Number, date and place of issue of certificate of Registration, if any
### 11. Purpose of visit ###
12. Date and time of departure from hotel
### 13. Address to which proceeding ###
14. Signature of visitor.
[Form C]
[Inserted by Notification No. G.S.R. 325(E) , dated 18.3.2016.]
[See paragraph 16(6) ]
Arrival Report of Foreigner in Hotel
[To be completed in duplicate]
| | |
| --- | --- |
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1. Name and address of the Hotel
|
PHOTOGRAPH\*
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or other
premises, where
|
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Accommodation
has been
|
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Provided for
reward/ on payment
|
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| --- |
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2. Phone/Mobile No. of the Hotel/Place of stay\_\_\_\_\_\_\_\_\_
|
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3. Name of Foreign Visitor in Full: (as given in passport)
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4. Date of Birth (DD/MM/YYYY)
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5. Address in country where residing permanently
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6. Address / Reference in India
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7. Nationality
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{|
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| 8. Passport No.
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9. Place of issue of Passport
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14. Valid till (DD/MM/YYYY)
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18. Place of arrival in India (DD/MM/YYYY)
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19. Date of arrival in Hotel (DD/MM/YYYY)
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20. Time of arrival
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21. Intended duration of stay in Hotel (No. of days)
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22. Whether employed in India (tick √in
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23. Purpose of Visit (tick √in
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Transit
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[Schedule
[Added by S.O.1881(E) , dated 1.11.2006 (w.e.f. 1.11.2006).]
(See paragraph 11-B)
| | | | | |
| --- | --- | --- | --- | --- |
|
Sl. No.
|
Peakor Height in Meters
|
Longitude
|
Latitude
|
Remarks
|
|
HIMACHAL PRADESH
|
|
1.
|
CB-9 (6108) |
77 27'
|
32 34'
|
Manali-Batal (RH) -BC-C-I, C-II, C-III and summit attempt
|
|
2.
|
CB-10(Tara Pahar) (6227) |
77 28'
|
32 36'
|
Manali-Chhatru-Chhota Dara-Bata(RH) -BC-C-I, C-II and summit attempt
|
|
3.
|
CB-11(5955) |
77 31'
|
32 22'
|
Do
|
|
4.
|
CB-12(6258) |
77 33'
|
32 20'
|
Do
|
|
5.
|
CB-13(6164) |
77 33'
|
32 21'
|
Do
|
|
6.
|
CB-13A(6240) |
77 33'
|
32 21'
|
Do
|
|
7.
|
CB-14(6078) |
77 34'
|
32 32'
|
Do
|
|
8.
|
CB-16(5825) |
77 31'
|
32 19'
|
Do
|
|
9.
|
CB-20(5695) |
77 31'
|
32 24'
|
Do
|
|
10.
|
CB-22(5720) |
77 33'
|
32 24'
|
Manali-Chhatru-Dhhota Dara- Batal(RH) -Linder-BC-C-I, C-II andsummit attempt
|
|
11.
|
CB-26(5840) |
77 29'
|
32 20'
|
Batal (RH) -BC-C-I, C-II and summit
|
|
12.
|
CB-31(6096) |
77 28'
|
32 25'
|
Manali-Chhatru-Chhota Dara- Batal(RH) -BC, C-I, C-II and summit
|
|
13.
|
CB-32(5639) |
77 27'
|
32 26'
|
Do
|
|
14.
|
CB-33(Minar) (6185)
|
77 29'
|
32 28'
|
Batal (RH-Dekka-BC,C-I, C-II andsummit
|
|
15.
|
CB-34(5635) |
77 31'
|
32 28'
|
Do
|
|
16.
|
CB-35(5568) |
77 30'
|
32 29'
|
Manali-Batal (RH) -BC, C-I, C-II andsummit
|
|
17.
|
UnnamedPeak (5510) |
77 17'
|
32 28'
|
Manali-Darcha-Jispa-BC, C-I, C-II andsummit
|
|
18.
|
UnnamedPeak (5852) |
77 14'
|
32 28'
|
Do
|
|
19.
|
UnnamedPeak (5765) |
77 09'
|
32 33'
|
Do
|
|
20.
|
UnnamedPeak (5860) |
77 38'
|
32 15'
|
Manali-Grampho Chhatru (RH) - Jitang-PutiRunishigri
(BC) -C-I andsummit attempt
|
|
21.
|
Devachan(6265) |
77 33'
|
32 14'
|
Kulu-Manikaran (RH) -Tos Saram- BaseCamp-C-I, C-II and C-III and summit attempt
|
|
22.
|
Papsura (6440) |
77 33'
|
32 12'
|
Manali (RH) -Manikaran (RH)-Tos Vill)-Shamshi-Sari-BC-ABC-C-I, C-IIand C-III and summit attempt
|
|
23.
|
WhitaeSail (Dharansura) |
77 34'
|
32 12'
|
Kulu(RH) -Manikaran (RH)-Tos (6420)
(Vill) -Shamshi-Sari-BC-ABC-C-I, C-II and C-III and summit attempt
|
|
24.
|
UnnamedPeak (5790) |
77 38'
|
32 14'
|
Manali-Grampho-Chhatru(RH) - DhhotaDara-BC, C-I, C-II and summit attempt
|
|
25.
|
TigerToth (5980) |
77 36'
|
32 18'
|
Manali-Batal Base Camp-C-I, C-II, C-IIIand summit attempt
|
|
26.
|
UnnamedPeak (5360) |
77 47'
|
32 08'
|
Batal-Karacha-Barasigri Glacier- C-I,C-II and summit attempt
|
|
27.
|
UnnamedPeak (6090) |
77 42'
|
32 14'
|
Grampho-Chhota Dara-Batal (HR) -KarchaNala-BC-C-I, C-II andsummit attempt
|
|
28.
|
IndraSan (6223) |
77 24'
|
31 12'
|
Manali (RH) -Jagatsukh (RH)- Achhika-Seri-TaintaBC-C-I, C-II, C-III,C-IV and summit attempt
|
|
29.
|
DeoTibba (6001) |
77 23'
|
32 11'
|
Manali (RH) -Jagatsukh (RH)- Achhika-Seri-TaintaBC-C-I, C-II, (DuhanganCol), C-III and summit attempt
|
|
30.
|
AlirathniTibba (5470) |
77 26'
|
32 05'
|
Kuku (RH) -Malansa-BC-C-I, C-II andsummit attempt
|
|
31.
|
HanumanTibba-I (5932) |
77 02'
|
32 20'
|
Manali-Solang-Dhundi (RH) -Beas KunBC-ABC
|
|
32.
|
Manali(5640) |
77 03'
|
32 24'
|
Dhundi (RH) -Beas Kund (BC)-C-I, C-IIand summit attempt
|
|
33.
|
Makerbeh(6069) |
77 04'
|
32 25'
|
Mandi-Palchan-Dhundi (RH) - BeasKund BC-C-I, C-II, C-III and summit attempt
|
|
34.
|
Shikarbeh(6200) |
77 03'
|
32 23'
|
Do
|
|
35.
|
BehaliJot (6245) |
76 35'
|
32 50'
|
Udaipur (RH) -Margaon-BC (Tal Go)C-II and summit attempt
|
|
36.
|
Menthosa(6443) |
76 42'
|
32 55'
|
Manali-Rohtang pass-Tandi- Udaipur(RH) -Niyar Mallah- Urgosvill
(last vill) BC-C-I, C-II and summit attempt
|
|
37.
|
Phabrang(6172) |
76 47'
|
32 44'
|
Do
|
|
38.
|
UnnamedPeak (5472) |
76 47'
|
31 44'
|
Manali-Tandi-Udaipur-Miyar Nallah-KarpatBC-C-I, C-II and summit attempt
|
|
39.
|
UnnamedPeak (5598) |
76 48'
|
32 46'
|
Do
|
|
40.
|
UnnamedPeak (5666) |
76 50'
|
62 45'
|
Urgas-Chaliry forest-Gangupa Nalah-BC-C-I,C-II then summit
|
|
41.
|
KharchaParbat (6270) |
77 43'
|
32 21'
|
Manali Batal (RH) -BC-ABC-C-I summit camp and attempt to summit
|
|
42.
|
ConsolationPeak
|
77 23'
|
32 12'
|
Kulu-Manali (RH) -Chikka- Chandertal-BC-C-II then summit
|
|
43.
|
HanumanTibba-I (5932) |
77 02'
|
32 21'
|
Manali-Dhundi-Beaskund-BC-C-I, C-II then summit
|
|
44.
|
HanumanTibba-II (5366) |
77 02'
|
32 21'
|
Do
|
|
JAMMU &; KASHMIR
|
|
45.
|
Nun(7135) |
7601'
|
33 59'
|
(East-Leh-Kargil-Panikhar- Gulmotongas(RH) -BC, C-I, C-II, C-IIIand summit attempt
|
|
46.
|
Kun(7077) |
7603'
|
34 01'
|
Leh-Kargil-Panikhar-Gulmoton- gas(RH) -BC-C-I, C-II, C-III and summit attempt
|
|
47.
|
Pinnacle(6955) |
76 05'
|
34 01'
|
Do
|
|
48.
|
WhiteNmeedle (6420) |
76 04'
|
33 59'
|
Do
|
|
49.
|
Bobang(5971) |
76 08'
|
33 25'
|
Leh-Harpass-Kijai Nala-Nagdal Lake-C-I,C-II summit attempt
|
|
50.
|
Z-2Peak (6152) |
76 12'
|
33 47'
|
Kargil-Gulmotongas-Ringdoom- LalungGlacier-BC-C-I, C-II then summit
|
|
51.
|
Z-3Hill (6270) |
7619'
|
33 42'
|
Kargil-Gulmotongas-Haskira Glacier-C-I,C-II then summit
|
|
52.
|
Z-1(6155) |
7608'
|
33 56'
|
Do
|
|
53.
|
Z-8(6050) |
7620'
|
33 50'
|
Do
|
|
54.
|
Kangri(5508) |
77 28'
|
34 00'
|
Leh-Stock Vill-(RH) -BC-ABC-C-I, C-Iland summit attempt
|
|
55.
|
Kangri(5900) |
77 29'
|
33 57'
|
Do
|
|
56.
|
TanakPeak (5948) |
76 06'
|
33 48'
|
Kargil (BC) -Sanku-Pan (RH) to BC-C-I,C-II and summit attempt
|
|
57.
|
Shingrugo
|
76 58'
|
33 28'
|
Kargil-Padam-Pibting C-I, C-II thensummit
|
|
58.
|
Yan(6230) |
7604'
|
33 00'
|
Leh (RH) -Gya-Gyamarnala- Kongmarule-Nimaling-Shang-
Shangphy-BC-ABC then summit
|
|
UTTARANCHAL
|
|
59.
|
PanwaliDwar (6663) |
79 57'
|
30 17'
|
Song (RH) -Khati-Dwalio-Phukia- BaseCamp-C-I, C-II and summit
|
|
60.
|
NandaDevi East (7437) |
79 59'
|
30 21'
|
Munsyari (RH) -Lilam-Martoli (Vill)-NasanpattiBhadeligwar BC- C-I,C-Il,C-III and summit attempt
|
|
61.
|
Nandakhat(6545) |
79 58'
|
30 18'
|
Bharari (RH) -Loharkhet-Khati- Dwali(Vill)-Base Camp C-I, C-II, C-IIIsummit attempt
|
|
62.
|
Mrigthuni(6855) |
79 49'
|
30 17'
|
Do
|
|
63.
|
Maiktoli(6803) |
79 52'
|
30 16'
|
Bharari (RH) -Loharkhet-Khati- Dwali(Vill)-Base Camp C-I, C-II, C-IIIsummit attempt
|
|
64.
|
Trishul-I(7120) |
79 46'
|
30 18'
|
Ghat (RH) -Sitel-Sutol-Lat Kopri- ChandniyaGhat-BC-C-I, C-II, C-IIIsummit attempt
|
|
65.
|
Trishul-II(6690) |
7946'
|
30 17'
|
Do
|
|
66.
|
Trishul-III(6008) |
79 48'
|
30 17'
|
Do
|
|
67.
|
Tharkot(6099) |
79 49'
|
30 13'
|
Bharari (RH) -Khati via Dhakuri- Jatolia-Sunder-Dunga-Sukhran CaveBC-C-I, C-II, C-III and summit attempt
|
|
68.
|
NandaGhunti (6390) |
79 43'
|
30 20'
|
Debal (RH) -Hemkund (BC)- Roopkund-AttemptNanda ghuntivia the Ronti Saddle
|
|
69.
|
Ronti(6063) |
7943'
|
30 22'
|
Do
|
|
70.
|
Bhanoti (5645 )
|
79 50'
|
30 12'
|
Bharari (RH) -Loharkhet-Dhakuri-Khati (Vill) Base Camp-C-I, C-II andsummit attempt
|
|
71.
|
Baljuri(5922) |
79 57'
|
30 15'
|
Bharari (RH) -Loharkhet-Dhakuri- Khati(Vill) Base Camp-C-I, C-II, C-IIIand summit attempt
|
|
72.
|
NandaKot (6861) |
80 04'
|
30 16'
|
Song (RH) -Loharkhet-Dhakuri Pass-Khati(Vill)-Dwali-C-I, C-II andsummit attempt
|
|
73.
|
LepsaDhura (5913) |
80 04'
|
30 14'
|
Do
|
|
74.
|
UnnamedPeak
|
77 16'
|
32 32'
|
Domphu Gompa (RH) -Khoksar NaiTempala Pass (BC)-C-I summit attempt
|
|
75.
|
BaraSukha
|
7836'
|
31 04'
|
Uttarkashi-Dunga-Pura (RH) - Tangua-Rania-BaseCamp-C-I and C-II then summit attempt
|
|
76.
|
Rudugaria(5819) |
78 52'
|
30 56'
|
Gangotri (RH) -Tapovan (BC) then summit
|
|
77.
|
Swargtrohini-I(6252) |
78 30'
|
31 06'
|
Dehradun-Natwar and Sansiri (RH) -Taila-Osala-BC,BC-I and summit attempt
|
|
78.
|
Swargtrohini-II(6278) |
78 30'
|
31 06'
|
Do
|
|
79.
|
Banderpunchi(6320) |
78 33'
|
31 00'
|
Do
|
|
80.
|
Srikanth(6133) |
78 48'
|
30 57'
|
Uttarkashi-Bhatwari-Sukki (RH) - HasilalsongTel Gad Nullah-BC-I, BC-IIand summit attempt
|
|
81.
|
Gangotri-I(6672) |
78 50'
|
30 55'
|
Gangotri (RH) -Ruduagria Nallah- BC-C-I, C-IIand summit attempt
|
|
82.
|
Gangotri-II(6590) |
78 51'
|
30 54'
|
Do
|
|
83.
|
Gangotri-III(6577) |
78 52'
|
30 48'
|
Do
|
|
84.
|
Joanali(6632) |
78 51'
|
30 52'
|
Gangotri (RH) -Ruduagira Nallah- BC-C-I,C-II and summit attempt
|
|
85.
|
Jogin-I(6465) |
78 55'
|
60 52'
|
Gangotri (RH) -Ruduagira Nallah- BC-C-I,C-II and summit attempt
|
|
86.
|
Jogin-II(6342) |
78 55'
|
30 53'
|
Gangotri (RH) -Ruduagira Nallah- BC-C-I-C-IIand summit attempt
|
|
87.
|
Jogin-III(6166) |
78 56'
|
30 52'
|
Do
|
|
88.
|
Thalaysagar(6964) |
78 59'
|
30 51'
|
Do
|
|
89.
|
Manda(6568) |
79 00'
|
59 55'
|
Gangotri-Chirbas-BC-I, BC-II and summit attempt
|
|
90.
|
MeruNorth (6450) |
79 02'
|
59 52'
|
Gangotri-Chirbas-Gaumukh- TapovanBC-I, BC-II and summit attempt
|
|
91.
|
MeruEast (6261) |
79 02'
|
29 52'
|
Do
|
|
92.
|
KirtiStambh (6270) |
79 01'
|
30 49'
|
Gangotri-Chirbas-Gaumukh BC-I, BC-IIand summit attempt
|
|
93.
|
Bhatekhunta(6578) |
79 02'
|
30 48'
|
Do
|
|
94.
|
Kedarnath(6962) |
79 04'
|
30 47'
|
Do
|
|
95.
|
KedarDome (6830) |
79 04'
|
30 48'
|
Do
|
|
96.
|
KarchaKund (6632) |
79 07'
|
30 46'
|
Do
|
|
97.
|
Shivling(6543) |
79 04'
|
30 52'
|
Gangotri-Gaumukh-Nandaban- BC-I,BC-II and summit attempt
|
|
98.
|
Bhagirath-I(6856) |
79 09'
|
30 51'
|
Do
|
|
99.
|
Bhagirath-II(6512) |
79 09'
|
30 51'
|
Do
|
|
100.
|
Bhagirath-III(6454) |
79 08'
|
30 52'
|
Do
|
|
101.
|
VasukiParhal (6792) |
79 10'
|
30 52'
|
Do
|
|
102.
|
Satopanth(7075) |
79 13'
|
30 50'
|
Do
|
|
103.
|
SudarshanParbat (6507) |
79 05'
|
30 58'
|
Gangotri-Gaumukh-BC-I, BC-II andsummit attempt
|
|
104.
|
Changabang(6866) |
79 55'
|
30 29'
|
Joshimath (RH) -Lata Vill. Belta- Latakhark-Dibrugatta-Upper Deodi-BC-C-I,C-II and summit attempt
|
|
105.
|
Nilkantha(6597) |
79 24'
|
30 43'
|
Joshimath-Badrinath-BC-I and summit attempt
|
|
106.
|
Chaukhamba-I(7886) |
79 15'
|
30 43'
|
Joshimath-Mana Vill-BC-I, BC-II, BC-IIIand summit attempt
|
|
107.
|
Chaukhamba-II(7070) |
79 15'
|
30 43'
|
Do
|
|
108.
|
Chaukhamba-III(6995) |
79 15'
|
30 43'
|
Do
|
|
109.
|
Chaukhamba-IV(6854) |
79 15'
|
30 43'
|
Do
|
|
110.
|
Changuch(6322) |
80 02'
|
30 17'
|
Bharari (RH) -Loharkhet-Khati- Dwali(Vill)-Base Camp-C-I, C-II andsummit attempt
|
|
TREKKING PEAKS
|
|
111.
|
StokKangri (6150) |
77 28'
|
33 59'
|
Leh-Stock Vill (RH) -TC-II-BC-C-I, C-IIand summit attempt
|
|
112.
|
Ladakhi(H.P.)
|
77 03'
|
32 22'
|
Dhundi (RH) -Beas Kund (BC)-AB- C-Iand summit attempt
|
|
113.
|
Friendship (H.P) (6284) |
77 12'
|
3223'
|
Dhundi (RH) -Beas Kund BC- ABC-C-Iand summit attempt]>
|
|
65b9f705ab84c7eca86ea565 | acts |
State of West Bengal - Act
----------------------------
The Board Of Trustees Of The Port Of Calcutta (Procedure At Board Meetings) Rules, 1975
-----------------------------------------------------------------------------------------
WEST BENGAL
India
The Board Of Trustees Of The Port Of Calcutta (Procedure At Board Meetings) Rules, 1975
=========================================================================================
Rule THE-BOARD-OF-TRUSTEES-OF-THE-PORT-OF-CALCUTTA-PROCEDURE-AT-BOARD-MEETINGS-RULES-1975 of 1975
---------------------------------------------------------------------------------------------------
* Published on 1 February 1975
* Commenced on 1 February 1975
The Board Of Trustees Of The Port Of Calcutta (Procedure At Board Meetings) Rules, 1975
Published vide Notification Gazette of India, Extraordinary, Part 2, Section 3(i) , dated 1st February, 1975.
### 1945. G.S.R. 30(E) , dated, 1st February, 1975. - Whereas the draft of the Board of Trustees of the Port of Calcutta (Procedure at Board Meetings) Rules, 1974 was published as required by sub-section (2) of Section 122 of the Major Port Trusts Act, 1963 (
38 of 1963
) at pages 2105-2108 of the Gazette of India Extraordinary, Part II, Section 3, sub-section (i) , dated the 6th November, 1974, under the notification of the Government of India in the Ministry of Shipping and Transport (Transport Wing) No. G.S.R. 452(E), dated the 6th November, 1974, inviting objections and suggestions from all persons likely to be affected thereby till the expiry of a period of forty-five days from the date of publication of the said notification in the Official Gazette;
And whereas the said Gazette was made available to the public on the 11th November, 1974;
And whereas no objections and suggestion have been received from the public;
Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 122 of the said Act, the Central Government hereby makes the following rules, namely :-
### 1. Short title and application.
(1) These rules may be called the Board of Trustees of the Port of Calcutta (Procedure at Board Meetings) Rules, 1975.
(2) They shall, subject to the provisions of Section 16 of the Act, apply to the business transacted at the meetings of the Board of Trustees of the Port of Calcutta.
[2. Frequency of meetings of Board and place of meetings thereof. -(1) A meeting of the Board, other than a special meeting referred to in rule 3, shall be held at least once in every month.
[Substituted by G.S.R. 233, dated 7th February, 1977.]
(2) [ The Board shall, from time to time, determine the date and time of its meeting :
Provided that where the Board is unable to do so for any reasons the Chairman may do so for reasons to be recorded in writing.]
[Substituted by G.S.R. 1465, dated 13th October, 1977.]
(3) A meeting of the Board shall normally be held in the head office of the Board at 15, Strand Road, Calcutta-700001, except where the Board, in advance decides to hold any meeting at any other place, for reasons to be recorded in with [writing.]
[Substituted by G.S.R. 1465, dated 13th October, 1977.]
### 3. Calling of special meetings.
- The Chairman or in his absence Deputy Chairman if appointed may, whenever he thinks fit, and shall upon the written request of not less than three Trustees, call a special meeting.
### 4. Circulation of agenda, etc.
- Agenda and notes or memoranda thereon, if any, for any meeting of the Board shall be circulated to the Trustees at least three days before the date of the meeting :
Provided that in the case of a special meeting, such Agenda and notes or memoranda thereon shall be circulated at least one day before the date of the meeting.
### 5. Discussion of items not included in the agenda.
- The Chairman or in his absence Deputy Chairman, if appointed may, at his discretion, include for discussion at any of the meetings of the Board, including a special meeting, any item not included in the agenda if the same is, in his opinion, of sufficient importance or urgency or both and cannot be held over for the consideration of the Board at any subsequent meeting.
### 6. Poll.
- If a poll is demanded on any question, the names of the Trustees voting and the nature of their votes shall be recorded by the President of the meeting.
### 7. Minutes of the meeting.
(1) Minutes of the proceedings at each meeting of the Board shall be recorded in a book to be provided by the Board for this purpose, which shall be signed as soon as practicable by the President of such meeting and shall be open to inspection by any Trustee during officer hours.
(2) Minutes of the proceedings excepting such portion thereof as the Chairman or, in the absence Deputy Chairman, if appointed, may direct in any particular case, shall also be open to the inspection of the public at the office of the Board during office hours.
(3) The names of the Trustees present at each meeting shall be recorded in the minutes book.
Explanation. - For the purposes of this rule and rule 8, the expression "President" shall mean the Chairman or, in his absence the Deputy Chairman, if appointed, and in the absence of both, any person chosen by the Trustees present from among themselves.
[8. Adjournment of meetings. - The President of meeting may, with its consent, adjourn it to a later date, which date shall either be announced at the meeting in which case intimation shall also be sent to the members absent at the meeting at least three days in advance, or communicated to the Trustees at least three days before the date of the meeting.]
[Substituted by G.S.R. 1481, dated 27th September, 1976]
|
65b935d6ab84c7eca86e89ad | acts |
State of Odisha - Act
-----------------------
The Orissa Textile and Sericulture Service (Validation of Appointment of Assistant Director of Textiles) Act, 2005
--------------------------------------------------------------------------------------------------------------------
ODISHA
India
The Orissa Textile and Sericulture Service (Validation of Appointment of Assistant Director of Textiles) Act, 2005
====================================================================================================================
Rule THE-ORISSA-TEXTILE-AND-SERICULTURE-SERVICE-VALIDATION-OF-APPOINTMENT-OF-ASSISTANT-DIRECTOR-OF-TEXTILES-ACT-2005 of 2005
------------------------------------------------------------------------------------------------------------------------------
* Published on 29 April 2006
* Commenced on 29 April 2006
The Orissa Textile and Sericulture Service (Validation of Appointment of Assistant Director of Textiles) Act, 2005
[Dated 29th April 2006]
Published vide Orissa Gazette Extraordinary No. 568 dated 29.4.2006.
No.6010/Legislative. - The following Act of the Orissa Legislative Assembly having been assented to by the Governor on the 23rd April 2006 is hereby published for general information.
An Act to validate the Ad Hoc Appointment of Assistant Director of Textile made to the Orissa Textile and Sericulture Service.
Be it enacted by the Legislature of the State of Orissa in the Fifty-sixth Year of the Republic of India as follows :
### 1. Short title.
- This Act may be called the Orissa Textile and Sericulture Service (Validation of Appointment of Assistant Director of Textiles) Act, 2005.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "Government" means the Government of Orissa;
(b) "Recruitment Rules" means the Orissa Textile and Sericulture (Method of Recruitment and Conditions of Service) Rules, 1993;
(c) "Service" means the Orissa Textile and Sericulture Service; and
(d) "Year" means the calendar year.
### 3. Validation.
(1) Notwithstanding anything contained in the Recruitment Rules, Shri Prasanna Kumar Gantayat, who is a Textile Engineer, appointed as Assistant Director of Textile in the Service on ad hoc basis by the Government in Textile and Handloom Department on the 1st day of January, 1999 and continuing as such shall be deemed to have been validly and regularly appointed to the service against the direct recruitment quota under the said Department with effect from the date of commencement of this Act and, accordingly no such appointment shall be challenged in any Court of law merely on ground that such appointment was made otherwise than in accordance with the procedure laid down in the Recruitment Rules.
(2) He shall been en block junior to those who will be appointed as Assistant Directors of Textiles to the service in accordance with Rule 5 of the Recruitment Rules in the year of the commencement of this Act.
(3) The period of ad hoc service rendered by the said Assistant Director of Textile prior to commencement of this Act shall be counted for the purpose of pension, leave and increment and for no other purposes.
|
65ba2af0ab84c7eca86eac16 | acts |
State of Maharashtra - Act
----------------------------
The Maharashtra Prevention of Cruelty to Animals (Conduct of Bullock Cart Race) Rules, 2017
---------------------------------------------------------------------------------------------
MAHARASHTRA
India
The Maharashtra Prevention of Cruelty to Animals (Conduct of Bullock Cart Race) Rules, 2017
=============================================================================================
Rule THE-MAHARASHTRA-PREVENTION-OF-CRUELTY-TO-ANIMALS-CONDUCT-OF-BULLOCK-CART-RACE-RULES-2017 of 2017
-------------------------------------------------------------------------------------------------------
* Published on 1 January 2017
* Commenced on 1 January 2017
The Maharashtra Prevention of Cruelty to Animals (Conduct of Bullock Cart Race) Rules, 2017
Published vide Notification No. PAVIA. 1017/CR-61/PART-1/ADF-3
No. PAVIA. 1017/CR-61/Part-1/ADF-3. - In exercise of the powers conferred by section 38B read with sub-section (2) of section 3 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), in its application to the State of Maharashtra and of all other powers enabling it in that behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of section 38B of the said Act, namely :-
### 1. Short title.
- These rules may be called the Maharashtra Prevention of Cruelty to Animals (conduct of bullock cart race) Rules, 2017.
### 2. Definition.
(1) In these rules, unless the context otherwise requires,-
(a) "Act" means the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), in its application to the State of Maharashtra ;
(b) "Collector" means a Collector of a District appointed by the State Government under sub-section (1), section 7 of the Maharashtra Land Revenue Code, 1966 (Maharashtra XLI of 1966) ;
(c) "Organizer" means any person, organization, institution or group of persons, who intends to conduct the bullock cart race event ;
(d) "owner" means a person who owns the bulls/bullocks participating in bullock cart race event ;
(e) "participants" means person who participate in bullock cart race including cart man ;
(f) "Registered Veterinary Practitioner" means a person defined under clause (g) of section 2 of the Indian Veterinary Council Act, 1984 (52 of 1984).
(2) Words and expressions used but not defined in these rules shall have the same meanings assigned to them in the Prevention of Cruelty to Animals Act, 1960 (59 of 1960).
### 3. Procedure for application to conduct bullock cart race.
(1) Any organizer who intends to conduct a bullock cart race shall apply at least fifteen days before the bullock cart race event, to the Collector of the District, in the format specified in Schedule 'A' appended hereto, along with security deposit of rupees fifty thousand in the form of bank guarantee or term deposit receipt, per bullock cart race event along with identity proof and address proof of the organizer.
(2) The security deposit will be forfeited by the Collector, for reasons specified in sub-rule (3) of rule 10.
(3) After receipt of the application under sub-rule (1), the Collector may cause to inspect a venue where the bullock cart race may be conducted. The officer who has conducted the inspection shall submit the report to the Collector.
### 4. Grant of permission.
(1) The Collector shall after receipt of the report or otherwise, grant the permission within seven working days to the organizer to conduct the bullock cart race event subject to the conditions specified in sub-section (2) of section 3 of the Act and of these rules.
(2) If at any time, the Collector is satisfied that the organizer has not complied with the conditions, he shall cancel the permission.
(3) At the time of granting permission, the Collector shall depute two Officers not below the rank of 'Naib Tahasildar' and 'Police Sub Inspector' to attend for the entire duration of the race event at the date, time and venue provided in the Application and permission. In the event, the officers find that there is any violation of the Act, the Rules or of the permission granted, the officers shall be authorized to stop a particular race, or the entire event. The officers shall submit a report regarding the race event to the Collector within 72 hours of the completion of event.
### 5. Application to participate in a race.
(1) Any cart man or participant who intends to race a bull or participate as a Cart Man at the race event shall make an application in Schedule C to the organizer at least 48 hours prior to the race event along with identity proof and a photograph of the bulls and bullocks.
(2) All participants who have submitted applications as above shall get the bull/bullock examined and certified as fit by a registered veterinary practitioner. All participants shall submit the certificate from a Registered Veterinary Practitioner in the format specified in Schedule 'B', to the organizers before the race event. The validity of the fitness certificate shall be forty-eight hours including the day of race.If the Registered Veterinary Practitioner issues the certificate without examining the Bull/Bullock or issues a certificate which is either incorrect or false, action shall be taken against such Veterinary Practitioner under the Veterinary Council of India (Standard of Professional Conduct, Etiquette and Code of Ethics for Veterinary Practitioners) Regulations, 1992.
(3) The application forms and the certificates of fitness from the Registered Veterinary Practitioner shall be submitted by the organizers to the two Officers attending the event, before the commencement of the race event. The application forms and veterinary certificates shall form part of the Report to be submitted by the said Officers to the Collector.
(4) Only the cart man and the bullock for which application forms and veterinary fitness certificates have been received by the organizers and submitted by them to the Officers shall be entitled to participate in the event and any race.
(5) Participation of any bull or cart man whose form has not been submitted or who has not submitted a fitness certificate to the Officers by the organizers, will constitute a breach of the permission and these Rules.
### 6. Conditions for grant of bullock cart race.
(1) The organizer shall conduct bullock cart race only at the venue, date and time specified in the application and the permission and subject to the following conditions, namely :-
(a) the bullock cart race shall be organized on a proper track the total running distance of which shall not exceed 1000 meters in length. The race track should not have steep slope, stones or rocks, mud, marshy, water logged or slushy place. The bullock cart race shall not be permitted on streets or highways ;
(b) the bulls or bullocks shall be provided rest for minimum of thirty minutes before they are brought on track for a particular race and any bull or bullock shall not be used for more than three races in a day ;
(c) only one cart-man shall be allowed to drive the cart and no vehicle shall be allowed to run around the bullock cart on the track or outside the track ;
(d) no cart man or any person proposing to race a bullock shall have in his possession or on the cart any stick , whip , pinjari , or any device or instrument capable of causing any pain to a bullock or giving an electrical shock to the bullock;
(e) Tying of the legs of a bullock, or beating with stick or whip, or kicking, or use of any device like 'Pinjari' or device capable of causing any pain to or giving electric shock to a bullock, or any means or squeezing of genitals, or kicking on genitals, or injuring the genitals with spiked bits, or twisting of tail, or biting of tail by the cart-man or the person racing a bullock shall be strictly prohibited ;
(f) the combination of pairs of bulls or bullocks for the race shall suitably match with each other ;
(g) bulls or bullocks shall not be combined with any other type of animals for bullock cart race;
(h) The bulls or bullock rest area shall be provided with adequate shade/shelter, adequate feed, fodder and drinking water. The resting area shall be maintained neat, clean and hygienic;
(i) The organizer shall ensure the availability of services of Registered Veterinary Practitioner or the facility of Animal Ambulance during the event ;
(j) The organizer shall ensure that no pain or suffering is caused to the animal before and during bullock cart race by any person or person in charge of the animal used to conduct bullock cart race by any means ;
(k) The organizer shall ensure that, no performance enhancement drugs, alcohol, irritants, etc. are administered to the bulls or bullocks in any form before or during the event;
(l) consumption or possession of alcohol or any other form of intoxicant by any cart-man present at the race venue is prohibited ;
### 7. If at any time during the event the said officers suo motu, or on the basis of information received observe that a Bull or bullock is showing symptoms of fatigue, dehydration, restlessness, epistaxis, injuries, etc. such bulls or bullocks shall not be permitted to participate further in the bullock cart race.
### 8. The District Society for Prevention of Cruelty to Animals may also monitor the conduct of bullock cart race and ensure that the bullock cart race is conducted as per the conditions of these rules.
### 9. Arrangements for safety of spectators.
(1) The organizer shall ensure that the facility of the Medical Services or Ambulance is available during the bullock cart race event.
(2) The organizer shall ensure that all precautionary measures for the safety of spectators during the event shall be taken. The organizer shall erect barricades or other safety measures on both sides of the track.
(3) The cart-man shall not be allowed to wear loose type of outfits or any such clothes which may get stuck into the wheels or anywhere during the bullock cart race causing accident.
### 10. Submission of report and video recording, etc. by organizer.
(1) The organizer shall submit to the Collector, the details about the participants, compliance report of the bullock cart race and the video recording of the entire event in digital form, within fifteen days after the bullock cart race event.
(2) If the Collector is satisfied from the Report of the Officers and the Report submitted by the organizers, that the organizer has conducted the bullock cart race as per the conditions of the Act the rules, and the permission he shall return the security deposit to the organizer within thirty days from the date of receipt of report.
(3) The Collector shall forfeit the security deposit and prohibit the organizer from organizing and seeking permission to organize such racing events in future,-
(i) if from the Report of the said Officers the Collector is satisfied that the organizer has breached any of the conditions of the provisions of the Act, Rules or the permission ;
(ii) if the organizer fails to submit the details about the participants, compliance report of the bullock cart race and the video recording of the entire event in digital form;
(iii) if any complaint is received from any person , or the District Society for Prevention of Cruelty to Animals within 7 days of the event to the Collector about the breach of any condition, and if the Collector is satisfied that the organizer has breached the conditions ;
(4) If any complaint is received under clause (iii) of sub-rule (3), the Collector shall take the decision accordingly, within thirty days from the receipt of such complaint.
### 11. Consequences of violation of Act, Rule and Permission.
- If any cart-man is found to have violated any of the provisions of the Act, these Rules and the permission, he shall in addition to any other penalty that may be imposed under the Act and the Rules, shall also be prohibited from participating in any bullock cart race event in future.
### 12. Maintenance of record by Collector office.
- Records of the race event including the application of the race organizer, the permission granted, the application forms and veterinary certificates for all participants, the Report of the Officers and the Report of the Organizers, shall be maintained in the office of the Collector, will be maintained by the Collector and shall form a public record and inspection and copies of the same will be available under Right to Information Act, 2005.
"A"
-----
[See rule- 3(1) ]
Form for Application for Bullock Cart Race Event
| | | | |
| --- | --- | --- | --- |
|
To,Collector, District ..........................
|
|
Photographof Applicant
|
|
### 1. Name of Applicant : ###
2. Address and Telephone Number :
### 3. I/We, the undersigned would like to conduct the bullock cart race event on occasion of............................ (Specify traditional occasion/event). ###
4. Date/s of event :
### 5. Venue : ###
6. Time when the event is Scheduled to be held :
### 7. Number of bulls/bullocks likely to take part in the event : ###
8. Number of bull/bullock carts likely to take part in the event :
I/We hereby declare that the provisions of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), in its application to the State of Maharashtra, and the Maharashtra Prevention of Cruelty to Animals (conduct of bullock cart race) Rules, 2017 will be followed. I/We may be punished by law in contravention of the provisions of this Act and the rules made thereunder.
I/We hereby submit the security deposit in the form of Bank Guarantee/Term Deposit Receipt No. ............., Bank Name ........................................................................ of Rupees Fifty Thousand.
Signature/s. ......................
Date : ...............................
"B"
-----
[See rule- 5(2) ]
Animal Fitness-Cum-Health Certificate
(To be obtained from Registered Veterinary Practitioner)
### 1. Name and Address of Animal Owner : ###
2. Animal Details :
(a) Breed/Type of Animal :
(b) Age :
(c) Weight :
(d) Height :
(e) Colour:
(f) Identification marks if any :
### 3. Date of Examination : Time of Examination :
I hereby certify that I have examined the above animal and certify that, the animal is fit for the bullock cart race.
This Certificate is valid for forty-eight hours.
Signed :
Name and Address :
Registration Number :
Seal :
Enclosure : Photographs of participating Bulls or Bullocks.
"C"
-----
[See rule- 5(1) ]
Form for Application for Participating in Bullock Cart Race Event
To,
Organizer,
............................................... Yatra/Jatra Committee
District ................................
### 1. Name of Applicant : ###
2. Address and Contact Number :
### 3. I/We, the undersigned would like to participate in the bullock cart race event organized by you. I hereby declare that I am aware of the provisions of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960), in its application to the State of Maharashtra, and the Maharashtra Prevention of Cruelty to Animals (conduct of bullock cart race) Rules, 2017. I undertake to fully comply with and abide by the same. I may be punished by law in contravention of the provisions of this Act and the rules made thereunder. Signature: ..........................
Date : .................................
Enclosure :
### 1. Identity Proof of participant ###
2. Photographs of participating Bulls or Bullocks.
|
65b8f7ceab84c7eca86e8138 | acts |
State of Karnataka - Act
--------------------------
Payment of Travelling Allowance (To Non-official Members of Committees, Commissions or other bodies) Rules, 2015
------------------------------------------------------------------------------------------------------------------
KARNATAKA
India
Payment of Travelling Allowance (To Non-official Members of Committees, Commissions or other bodies) Rules, 2015
==================================================================================================================
Rule PAYMENT-OF-TRAVELLING-ALLOWANCE-TO-NON-OFFICIAL-MEMBERS-OF-COMMITTEES-COMMISSIONS-OR-OTHER-BODIES-RULES-2015 of 2015
---------------------------------------------------------------------------------------------------------------------------
* Published on 3 August 2015
* Commenced on 3 August 2015
Payment of Travelling Allowance (To Non-official Members of Committees, Commissions or other bodies) Rules, 2015
Published vide Notification No. FD 3 SRA 2015, Bangalore, dated 3.8.2015
Notification No. FD 3 SRA 2015. - In supersession of Notification No. FD 2 SRA 2000, dated 3-2-2001, the Government of Karnataka hereby makes the following rules, on the subject relating to the payment of Travelling Allowance to non-official members of Committees, Commissions and other bodies constituted under the authority of or by Government namely.-
### 1. These rules may be called the Payment of Travelling Allowance (To Non-official Members of Committees, Commissions or other bodies) Rules, 2015.
### 2. They shall come into force at once.
### 3. The Travelling Allowance of Non-official Members (including Members of the State Legislature and Retired Officers of Government) who.
(i) are Members of Committees, Commission or other bodies constituted by the State Government; or
(ii) are deputed by the Government to places either within or outside the State or Country to attend meetings of the Committees, Commissions or other bodies constituted by an authority than the State Government; or
(iii) are deputed by the Government on special work in connection with the affairs of the State is regulated as follows-
(A) Journeys within or outside the State.
(1) Railway Fare. - Between places connected by railway, he shall be eligible to draw first class railway fare or railway fare actually paid, by the shortest route, whichever is less, including reservation charges but excluding agency charges paid to a travelling agent. Where a rail journey is cancelled be a non-official member due to the postponement of the meetings he may prefer to the appropriate Railway authority his, claim for refund of cancellation charges (excluding reservation charges) on unreserved railway tickets. The claim should be accompanied by a certificate from the Competent Authority to countersign his T.A. Bills stating that the journey had to be cancelled due to the postponement of the meeting.
(2) Bus Fare:
(a) Between places not connected by railway, he shall be eligible to draw bus fare by the shortest route, including reservation charges but not agency charges paid to a travel agent.
(b) Between places partly connected by railway and partly by road, he may travel by bus by shortest route and claim bus fare including reservation charges but not agency charges paid to a travel agent.
(3) Mileage Allowance. - He shall be eligible to draw mileage allowance from residence to railway station or bus station and vice versa and from railway station or bus station to the place of meeting and vice versa, at the following rates-
(a) When journey is performed by:
| | | |
| --- | --- | --- |
|
Motorcycle/Scooter Tanga/Cycle Rickshaw/
Man-driven Rickshaw
|
Full Taxi/Own Car
|
Autorickshaw
|
|
Rs. 2.00 per k.m.
|
The rate per k.m. for AC Taxi fixed by the
Transport Commissioner
|
The minimum rate and the rate per k.m. fixed by
the Transport Commissioner
|
(b) Where a member attends a meeting of the Committee at the place at which he is normally residing, no mileage allowance shall be payable.
(4) Journey by Sea. - In respect of journey by sea or by river steamer, a member will be entitled to one fare at the lowest rate (exclusive of diet) of the highest class of accommodation.
(5) Air Journeys:
(i) Journey by air require the specific sanction of Government which will be accorded only in cases of extreme emergency necessitating a journey.
(ii) Return tickets at reduced rates, if available should be purchased when the return journey is expected to be performed within the period during which the return ticket is valid. Mileage allowance for the forward and return journey when such return tickets are available will, however be the actual cost of such return ticket.
(iii) Road mileage at the rates specified above from the point from which the journey is held to commence to the booking offices of the Air Transport Companies the point in any station from which journey is to be held to commence or at which it is to be held to end shall be the Chief Public Office or any other point which may be fixed by the Government for the said purpose. In Bangalore and Mysore cities the Public Offices and in other places, travellers bungalow or inspection lodge from which distances are reckoned in the road map issued by the Karnataka Public Works Department will be regarded as the point fixed by the Government for the purpose.
(iv) Travel by air means journeys performed in the machines of Public Air Transport Companies regularly plying for hire. It does not includes journey performed in private Aeroplane or Air Taxis.
(v) Insurance for air travel will be met by Government, claims for insurance premium for air journeys should invariably be supported by the receipts on policies issued by the insurance companies.
(vi) Outside India. - At such rates as may prescribed by Government from time-to-time in individual cases.
(6) Non-official members of the Committee etc., may, at their option, be allowed to draw Daily Allowance at the rates applicable to the Government Servants belonging to Group A in lieu of the sitting fee.
(7) Sitting Fees. - He shall be eligible to draw sitting fees per day of sitting, at the following rates:
(a) Place of sitting within the State:
(i) Bangalore Rs. 500/- (Five hundred rupees)
(ii) Other cities with Municipal Corporation Rs. 350/- (Three hundred and fifty rupees)
(iii) Other places Rs. 250/- (Two hundred and fifty rupees)
(b) Place of sitting outside the State:
(i) Ahmedabad, Mumbai, Calcutta, Delhi, Gaziabad, Kanpur, Hyderabad, Lucknow, Chennai, Mussoorie, Nagpur, Pune, Simla, Srinagar, Goa, Diu and Daman Rs. 1,000/- (One thousand rupees)
(ii) Other places Rs. 750/- (Seven hundred and fifty rupees)
### 4. Government may, in special circumstances grant specific rates of Conveyance Allowance or actual charges incurred on hire of conveyance or other charges in addition to the Travelling Allowance.
### 5. Payment of lumpsum advance to cover travelling expenses, may be authorised by Government subject to adjustment from the final travelling allowance bills. The advances should not ordinarily exceed three-fourths of the amount of allowance admissible. This limit may, in special cases be enhanced under specific orders of Government.
### 6. An Officer who may be a Member or Secretary of the Committee or other Officer of the Government will be responsible for the drawal disbursement and final adjustment of the advances paid to the non-official members of the Committees. Before allowing such advances, a written undertaking from each non-official member should be obtained in the following Form. A second advance should not be allowed until the first advances is adjusted.
Form
I,..........member of the Committee/Commission appointed by the Government of Karnataka having received a sum of Rs................... (Rupees in words) as advance from the Government of Karnataka for performing certain journeys connected with my duties as member of the above said Committee/Commission hereby agree that the amount shall be adjusted against my Travelling Allowance bill immediately after the completion of specified journeys and that I shall forthwith refund to the Government of Karnataka any portion of the advance not so adjusted. If for any reason, the specified journeys are not performed, I hereby agree to refund forthwith to the Government of Karnataka the entire sum of the advance on demand.
Revenue StampSignature of Member
### 7. Subject to such modifications as are specified above, the rule regulating the payment of Travelling allowance to Officers of Government shall be the rules applicable to the payment to Travelling Allowance to non-official also, except where the requirement of specific rule is dispensed with by a special order of Government. Sitting fee, Daily Allowance or Halting Allowance whatever term is allowed in the Government Order constituting the Committee is admissible on the days of meeting in addition to Travelling Allowance admissible for the journeys irrespective of the time of arrival or departure at the place of meeting.
### 8. Government may sanction special rates in individual cases, if the circumstance justify.
### 9. Road Mileage.
(1) When a non-official member makes a journey by bus for thirty-two kilometers or more, he will be allowed IV2 bus fare plus Daily Allowance limited to road mileage. When a non-official member makes a journey by bus for less than thirty-two kilometers he will be allowed 1 1/2bus fare limited to road mileage.
(2) A non-official member including a retired officer of the Committees who is entitled to Railway fare higher than the second class, will record in his Travelling Allowance bill, a certificate of having travelled in the class for which Railway fare is claimed therein. Otherwise, the officer will be paid only Railway fare based on the fare of the class in which he actually travelled.
(3) Attendance of Standing Committees, Sub-Committees, Select Committees, Special Committees, etc., of the several bodies will be treated as meeting of the bodies themselves for the purpose of these rules.
(4) Non-official members will be entitled to draw travelling allowance calculated from and to their ordinary place of residence and from the place of meeting. Daily Allowance for halts by members to attend an adjourned Meeting or another Meeting at the place may be allowed subject to the following conditions:
(a) The total daily allowance for such halts is limited to the amount of Travelling Allowance admissible for returning to his place of residence and coming back to attend an adjourned meeting or another meeting.
(b) Travelling Allowance for the to and fro journey is allowed only once counting the two meetings as one for the purpose; and
(c) The Daily Allowance is debited to the head of account pertaining to the Meeting.
(5) When a Sunday or other holiday intervenes between two consecutive sittings, halting allowance for such days will be allowed; provided the Member stays at the place of meeting on the Sunday or Holiday intervening two meetings.
### 10. (1) Members of the State Legislature will not be entitled to draw travelling or daily allowance for attending meetings of Committees constituted by Government viz., Committees other than those of the Legislative Assembly or Legislative Council or any Committee of the said Assembly or Council under the Karnataka Legislature Salaries, Pensions and Allowances Act, 1966 for the days on which they draw Travelling Allowance or Daily Allowance for attending the meetings of the Legislative Assembly or Legislature Council or of any Committee of any said Assembly or Council.
(2) Subject to the above condition, a mofussil member of the Legislative Assembly or Legislative Council is entitled to draw daily allowance during a period of three days or less before the commencement of a meeting of Legislative Assembly or Legislative Council or any Committee thereof or at the conclusion of the meeting, in case he is required to attend the meetings of other Committees during that period. If however, any member of the Legislative Assembly or Legislative Council returns to his ordinary place of residence, he will entitled to draw Travelling Allowance only for the journey, provided the amount of Travelling Allowance drawn by him in no case exceeds the amount of daily allowance at the rate prescribed for Committees constituted by Government which would have been admissible to him had he elected to stay at the place where the meeting of Committees other than the Legislative Assembly or Legislative Council or any Committee thereof takes place.
(3) Where however such member returns to his ordinary place of residence within three days of conclusion of the meeting of the Legislature or a Committee thereof, not being aware of the meeting of a Committee constituted by the Government he will be entitled to draw normal travelling allowance without such allowance being so restricted.
### 11. Rules of Procedure for preferring Travelling Allowance Claims of Non-Official Members of Commissions and Committees.-
(1) The existing procedure for disbursing in cash travelling allowance to Members of the Legislative Assembly and Legislative Council at the close of each Session and for payment of Travelling Allowance by the University in regard to the attendance at meetings connected with that body will continue unchanged. The Travelling Allowance bills of Members of the Legislative Assembly and the Legislative Council serving as members of the Committees constituted by Government will be countersigned by Secretary of the Committee concerned and forwarded to the Secretary, Karnataka Legislative Assembly or Legislative Council, as the case may be, who will scrutinize them with reference to payments made by him and pass on the bill to the Treasury for payment with intimation to the Secretary of the Committee concerned.
(2) In respect of meetings of bodies other than those referred to in clause (1) above the Secretaries of the Commissions and Committees shall obtain, in addition to the other certificates contemplated in Part VIII of the Karnataka Civil Services Rules, the following certificate from the members-
"Certified that I,........................... Member................... Committee actually performed the journeys for which Travelling Allowance claimed and I have not drawn in any other capacity Travelling Allowance for the same journey or daily allowance or sitting fee for the same day".
(3) In addition to the above certificate which must be recorded by the members in their Travelling Allowance Bills, they should also furnish, in the following declaration Form, particulars of the dates and time of their arrival and departure, mode of conveyance used for the journey and other meetings, if any, attended by them at the place of meeting on the same day/days or within a period of three days prior to and after the meeting:
Declaration
### 1. Name of the Member ###
2. Place of Permanent residence
### 3. Date and time of arrival at the place of meeting ###
4. Particulars of journey performed:
(i) Whether entire journey was by road;
(ii) Mode of conveyance used for the road journey;
(iii) If by rail, class in which travelled;
### 5. The number of days on which the Member has attended the Committee Meeting ###
6. Date and time of departure from the place of Meeting
### 7. Name of the other meeting, if any, attended on the same day/days or within a period of three days prior to and after the day/days noted against Serial No. 5 above ###
8. Name of Treasury at which payment is desired.
I, undertake to refund any amount in respect of T.A. and D.A. for this meeting which is not admissible as per rules deducted in audit.
Date........................................
Signature...........for Member of the Committee.
(4) A certificate of attendance in the following form shall be recorded on the Travelling Allowance Bills of the members by the Secretary of the Committee:
"Certified..........................that Sri/Smt................. attended the sittings of the .................................... Constituted in Government Order No...........................date .....................on..........................................at........................................ as a member thereof".
Secretary
(5) The T.A. bill prepared and signed by each member with the requisite certificates, will be sent to the Secretary of the Committee who after scrutiny of the claims preferred in the bill with reference to rules, will forward the bill with his countersignature to the Secretary, Karnataka Legislative Assembly or Legislative Council, as the case may be, in the case of claims of Members of the Legislature and to the Treasury Officers in the case of others.
(6) A copy of the intimation slip will be sent to the Secretary of the Committee by the Secretary, Karnataka Legislative Assembly or Legislative Council, as the case may be for noting down the particulars of the Travelling Allowance bills passed and onward transmission to the member, and another copy with the Travelling Allowance bill will be forwarded to the Treasury Officer for making payment direct to the member. In the case of members other than members of Legislature, the Secretary of the Committee will intimate the member concerned the fact of having forwarded the bill to the Treasury Officer for payment.
(7) Objections raised in audit will be communicated by the Accountant General, Karnataka, to the Secretary of the Committee for furnishing necessary information.
(8) The countersignature of the Secretaries is only to ensure that the bills have been prepared correctly with reference to the prescribed rules and rates of mileage, daily allowance and train fare and provision for expenditure made by Government for a particular Committee.
(9) In certain cases, even though a non-official member proceeds to the place of meeting but is prevented from attending the meeting, consequent on its postponement for want of quorum, Travelling Allowance and Daily Allowance admissible under the rules may be allowed to him. In such cases, the following certificate should be recorded on the bill by the Secretary.
"Certified that Sri/Smt..............................attended the place of meeting of .............................. Committee on ..............at....................but the meeting did not take place on the date for want of quorum."
(10) The claims in respect of period (i) over six months require the sanction of the Head of the Department condoning the delay in preferring them, and (ii) over three years that of the Government of Karnataka. These claims require the pre-audit by the Accountant General, Karnataka vide Article 21 of the Karnataka Financial Code.
(11) In case of Committees or Commissions to which Government have not appointed Secretaries, the power of countersigning the T.A. bills of the non-official members shall be exercised by the Government servant authorised by Government in this behalf.
(12) When a member of Legislature appointed to a Committee, Commission or Board of Enquiry is allowed free boarding and lodging at the expense of State Government or an autonomous industrial or Commercial undertaking or Corporation, or a Statutory body or local authority, in which Government funds have been invested or in which Government have any other interest shall be entitled to only one-fourth of the daily allowance admissible to him under the aforesaid Notification. If only boarding or lodging is allowed free, daily allowance shall be admissible at one-half of the admissible rate.
### 12. When the State Government appoint a Committee or Commission in which Officers or employees of the Commercial Industrial undertakings of Central or State Government or Statutory Bodies controlled or financed by the Central or State Government are appointed as members or are required to attend meetings of such Committees, etc., the expenses on their Travelling Allowance or Daily Allowance in that connection incurred in accordance with the rules in force in the parent Government or body should be borne by the Government or respective body, unless in any particular case it is decided otherwise.
### 13. The rules regulating the payment of Travelling Allowance in force immediately before the date of commencement of these rules applicable to person governed by these rules are repeated except insofar as they are applicable to payment of Travelling Allowances in respect of journey and halts made before the date of commencement of these rules.
|
65ba8fbbab84c7eca86ec162 | acts |
Union of India - Act
----------------------
The Coinage (Standard Weight and Remedy of Commemorative Coins) of the Hundred Rupees (Containing Silver 50%, Copper 40%, Nickel 5% and Zinc 5%), Ten Rupees (containing Copper 75% and Nickel 25%) and One Rupee Ferritic Stainless Steel (containing Iron 82% and Chromium 18%) coined in honour of "Maharana Pratap" Rules, 2003
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
UNION OF INDIA
India
The Coinage (Standard Weight and Remedy of Commemorative Coins) of the Hundred Rupees (Containing Silver 50%, Copper 40%, Nickel 5% and Zinc 5%), Ten Rupees (containing Copper 75% and Nickel 25%) and One Rupee Ferritic Stainless Steel (containing Iron 82% and Chromium 18%) coined in honour of "Maharana Pratap" Rules, 2003
=====================================================================================================================================================================================================================================================================================================================================
Rule THE-COINAGE-STANDARD-WEIGHT-AND-REMEDY-OF-COMMEMORATIVE-COINS-OF-THE-HUNDRED-RUPEES-CONTAINING-SILVER-50-COPPER-40-NICKEL-5-AND-ZINC-5-TEN-RUPEES-CONTAINING-COPPER-75-AND-NICKEL-25-AND-ONE-RUPEE-FERRITIC-STAINLESS-STEEL-CONTAINING-IRON-82-AND-CHROMIUM-18-COINED-IN-HONOUR-OF-MAHARANA-PRATAP-RULES-2003 of 2003
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Published on 23 May 2003
* Commenced on 23 May 2003
The Coinage (Standard Weight and Remedy of Commemorative Coins) of the Hundred Rupees (Containing Silver 50%, Copper 40%, Nickel 5% and Zinc 5%), Ten Rupees (containing Copper 75% and Nickel 25%) and One Rupee Ferritic Stainless Steel (containing Iron 82% and Chromium 18%) coined in honour of "Maharana Pratap" Rules, 2003
Published vide Notification No. G.S.R. 432(E) , dated 23rd May, 2003
Ministry of Finance
(Department of Economic Affairs)
G.S.R. 432(E) . - In exercise of the powers conferred by sub-section (1) of section 21 read with section 7 of the Coinage Act, 1906 (
3 of 1906
), the Central Government hereby makes the following rules, namely :-
### 1. Short title and commencement.
(1) These rules may be called the Coinage (Standard Weight and Remedy of Commemorative Coins) of the Hundred Rupees (Containing Silver 50%, Copper 40%, Nickel 5% and Zinc 5%), Ten Rupees (containing Copper 75% and Nickel 25%) and One Rupee Ferritic Stainless Steel (containing Iron 82% and Chromium 18%) coined in honour of "Maharana Pratap" Rules, 2003.
(2) They shall come into force on the date of their publication in the official Gazette.
### 2. Definition.
- In these rules, "Act" means Coinage Act, 1906 (
3 of 1906
).
### 3. Standard Weight and Remedy allowed on coins of certain denominations coined in honour of "Maharana Pratap". The standard weight of the coins of the following denominations, coined under the provisions of section 6 of the Act, in the honour of "Maharana Pratap" and the remedy allowed in making of such coins shall be as specified in the Table below :-
Table
| | | |
| --- | --- | --- |
|
Denomination
|
Standard Weight
|
Remedy Allowed
|
|
|
|
In composition
|
In standard weight
|
|
(1) |
(2) |
(3) |
(4) |
|
One Hundred Rupees
|
35 Grams
|
1/500thplus or minus for Silver that is to say,
the Silver contents may vary from 498 to 502 per 1000.
|
1/100thplus or minus, that is to say, the weight
could vary from 34.65 grams to 35.35 grams.
|
|
Ten Rupees
|
12.5 Grams
|
1/100thplus or minus both for Copper and Nickel,
that is to say, Copper could vary from 74% to 76% and Nickel
from 24% to 26%.
|
1/40thplus or minus. That is to say, the weight
could vary from 12.187 grams to 12.812 grams.
|
|
One Rupee
|
4.85 Grams
|
1/200thplus or minus for Chromium that is to say,
Chromium could vary from 17.5% to 18.5%.
|
1/25thplus or minus, that is to say, the weight
could vary from 4.656 grams to 5.044 grams.
|
|
65b8ff68ab84c7eca86e822c | acts |
State of Mizoram - Act
------------------------
Mizoram Fisheries Act, 2002
-----------------------------
MIZORAM
India
Mizoram Fisheries Act, 2002
=============================
Act 12 of 2005
----------------
* Published on 1 January 2005
* Commenced on 1 January 2005
Mizoram Fisheries Act, 2002
(Act
No. 12 of 2005
)
Last Updated 18th February, 2020
An Act to provide for the protection, conservation and development of Fisheries in the State of Mizoram.
It is enacted by the State Legislative Assembly of Mizoram in the Fifty third Year of the Republic of India as follows :
Chapter I
Preliminary
--------------------------
### 1. Short title, Extent and Commencement.
(1) This Act may be called the Mizoram Fisheries Act, 2002.
(2) It shall extend to the whole of the State of Mizoram except the areas falling under the Autonomous District Councils set up under the Sixth Schedule to the Constitution of India.
(3) It shall come into force on such date as the State Government, may by notification in the Official Gazette appoint and different dates may be appointed for different areas.
### 2. Definitions.
- In this Act, unless the context otherwise requires:-
(a) "closed season" means such period as declared by the Government so that breeding and spawning or migration of fish are not hampered during that period and the fish is allow to breed at least once in its life time;
(b) "economic variety fish" means fishes having good growth, good market value and good acceptability by the consumers both in culture and capture fisheries;
(c) "fish" includes finish, shellfish and turtle in all stages of its life;
(d) "Fishery Officer" means Director of Fisheries and includes any officer or class of officers empowered by the State Government to act as Fishery Officer;
(e) "Fish Sanctuary" means water bodies or a portion of the water bodies where fish congregates for certain period of the year either for breeding, migration or any other purposes, as may be notified by the Government;
(f) "Fishery Warden" means any person or persons appointed by the Government to discharge duties and exercise power as Fishery o Warden for protection and conservation of fishes from unlawful taking, catching and destruction;
(g) "fixed engine" means any cage, net, trap or other contrivance for taking fish, fixed in the soil or made stationary in any other way ;
(h) "Government" mean the State Government of Mizoram ;
(i) "Government Water Bodies" means rivers and its tributaries within the State of Mizoram, including all impoundment for the purpose of generating Hydroelectricity, Irrigation, Water Harvesting Dam or any impoundment, ponds, tank, natural lake, fish sanctuary and derelict impoundment which does not fall under private waters;
(j) "Indigenous fishes" means the variety/species naturally available in the water bodies within the State;
(k) "Official Gazette" means the Mizoram Gazette;
(l) "prescribed" means prescribed by rules under this Act;
(m) "Private Water" means any water-
(i) which is the exclusive property of any private person, or
(ii) in which any person has, for the time being, an exclusive right of fishery, whether as an owner, lessee, or in any other capacity;
(iii) but does not include any river, canal, stream or any other piece of water which has direct linkage with any river, rivulet, canal or stream.
Explanation. - Water shall not cease to be "private water" by means only of the fact that a person other than the owner thereof may have by custom a right of fishery therein;
(n) "Schedule" means Schedule appended to this Act.
Chapter II
------------
Protection, Conservation and Development of Fisheries
### 3. Control over the Fisheries.
- The State Government shall have supreme control over the Government water bodies as defined in this Act, both in capture and culture sector in the State of Mizoram, to which this Act extends for the purposes of fisheries.
### 4. Appointment of Fishery Warden and Constitution of Fishery Conservation Board.
(1) The Government may appoint such person or persons as it may deem fit and proper to discharge duties and to exercise power as the Fishery Warden.
(2) The Fishery Warden shall assist the Fishery Officers in the protection and conservation of fishes from unlawful taking, catching or destruction.
(3) The term of appointment of the Fishery Warden shall be as are provided in the rules made under this Act.
(4) Notwithstanding anything provided in sub-section (1), no police officer below the rank of Sub-Inspector of Police or the Fishery Extension Officer shall be appointed to be a Fishery Warden or to discharge duties and exercise powers as such under this Act.
(5) The Government may constitute Fishery Conservation Board at the State, District and Village level.
### 5. Closed season and fish Sanctuary.
(1) The Government shall declare a certain period during each calendar year to be a closed season for economic variety of fishes as may be specified in the rules so as to allow such fishes to avail safe breeding against destruction or disturbance and during which no person shall catch or kill such fishes.
(2) Separate closed seasons may be declared for separate variety of fishes or for indigenous fishes.
(3) The Government shall declare certain portion of any Government water body as fish sanctuary and no person shall catch or kill fishes in any such fish sanctuary at any time of the year.
### 6. Prohibition of unauthorized catching, etc.
(1) No person shall, with intent to catch, take or dispose of any fish in any Government water body,-
(a) use gelatin or other explosive substances, in whatever form it may be;
(b) put any poison, lime or other noxious materials ;
(c) fix any fixed engines or nets; or
(d) catch, take, net, angel or, appropriate except in accordance with the provisions of the rules made under this Act.
(2) Any person who violates any prohibitory order issued under sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to two thousand five hundred rupees or with both.
(3) Offences punishable under sub-section (2) shall be non-cognizable and bailable.
### 7. Prohibition of sale, etc. of fish unlawfully caught or unfit for human consumption.
- The Government may, by notification in the Official Gazette :
(a) prohibit generally the offering or exposing for sale or barter of any fish which has been caught or procured unlawfully from any Government water body; or
(b) prohibit the offering or exposing for sale or barter of any fish the taking of which has been in contravention of sub-section (1) of Section 6 of this Act in the opinion of the Fishery Officer or Fishery Warden, and of such other fishes whether from Government water body or private water which are unhealthy for human consumption.
### 8. Arrest without warrant for offence under the Act.
(1) Any police officer not below the rank of Sub-Inspector of Police or any Fishery Officer or Fishery Warden may, without warrant, arrest or cause to be arrested any person who has, in his view, committed any offence punishable under section 6 or 7, as the case may be, if such person declines to give his correct name and address or if there is reason to suspect the accuracy of the name and addresses, if given.
(2) A person arrested under this section may be detained until his name and address have been ascertained correctly or his identity have been established satisfactorily, subject to the provisions contained in Section 56-59 in particular and other related provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
### 9. Trial of cases.
(1) No Court inferior to that the Magistrate of the First Class shall try any offence under this Act.
(2) No Court shall take cognizance of any offence under this Act, except on a report in writing of the facts constituting the offence made by a Fishery Officer or a Fishery Warden or a police officer no below the rank of Sub-Inspector of Police.
### 10. Compounding of offences.
(1) Any offence specified in the Schedule may be compounded by such officer or authority a may be empowered by the State Government in this behalf by acceptance of a sum not exceeding one hundred rupees.
(2) On composition of an offence, the accused shall be discharged and property seized from his possession shall be released.
### 11. Development of Fisheries.
(1) The Government may sanction grant-in-aid to fish farmers as per the provisions of rules made under this Act for development of fisheries.
(2) The Government may also set up such number of Fishery Demonstration Farms as it may deem fit for the encouragement of persons who are interested in the farming.
(3) The Government may culture and develop in the Fishery Demonstration Farms such economic variety of fishes and indigenous fishes as it may deem fit and proper, for supply to private persons interested in the management or development of fisheries or pisciculture.
Chapter III
Miscellaneous Provision
----------------------------------------
### 12. Officers to be public servants.
- All persons empowered to exercise power and discharge duties by or under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (Act No. 45 of 1860).
### 13. Protection of action taken in good faith.
- No suit, prosecution or other legal proceeding shall lie against any Government official, for anything which is in good faith done or intended to be done under this Act.
### 14. Dues under this Act a public demand.
- Any amount of money due the Government under this Act or the rules made thereunder shall be recoverable as public demand under the Mizoram Public Demands Recovery Act, 2001.
### 15. Power to make rules.
(1) The Government may make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-
(a) term of appointment of the Fishery Warden;
(b) erection and use of fixed engines;
(c) dimension, size of mesh and kind of nets or fishing hooks to be used and manner of using them and conditions under which they may be used;
(d) use of more than one method of taking fish at one time;
(e) prescription of the closed season for various economic variety of fishes and that of indigenous variety of fishes;
(f) such other matters as the Government may deem proper for the better protection, conservation and improvement of fisheries in the State or in any specified areas within the State.
(3) Every rule made under this Act shall be laid, as soon as it is made, before the Mizoram Legislative Assembly while it is in session for a total period of seven days which may comprise in one session or in two successive sessions and if, before the expiry of the session it is laid, the Mizoram Legislative Assembly agrees in making any modification in the rule or the Legislative Assembly is of the opinion that the rule should not be made, the rule shall thereafter have effect in such modified form or be of no effect, as the case may be.
### 16. Repeal and savings.
- On and from the commencement of this Act, the Lushai Hills District Fisheries Act, 1953 shall stand repealed :
Provided that notwithstanding such repeal, anything done or any action taken under the Act so repealed shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made or taken under this Act and shall continue to be in force until superseded by anything done or any action taken under the provisions of this Act.
Schedule
----------
Description of Offences Compoundable Under Section 10
### 1. Fishing with a net having a smaller mesh than that prescribed. ###
2. Killing or taking or selling or attempting to kill, take, or sell any fish of a prohibited species during a closed season.
### 3. Fishing or attempting to fish with any method other than the prescribed method. ###
4. Using at any one time more than one method of taking fish, when prohibited under the rules made under this Act.
### 5. Fishing or attempting to fish in prohibited waters. ###
6. Offering or exposing for sale or barter of which is prohibited under Section 7.
|
65b928baab84c7eca86e874b | acts |
State of Uttar Pradesh - Act
------------------------------
U.P. Irrigation Department Architects Service Rules, 2004
-----------------------------------------------------------
UTTAR PRADESH
India
U.P. Irrigation Department Architects Service Rules, 2004
===========================================================
Rule U-P-IRRIGATION-DEPARTMENT-ARCHITECTS-SERVICE-RULES-2004 of 2004
----------------------------------------------------------------------
* Published on 22 November 2004
* Commenced on 22 November 2004
U.P. Irrigation Department Architects Service Rules, 2004
Published vide Notification No. 5696/27-1-2004-323-93, dated 22nd November, 2004 and published in the U.P. Gazette (Extraordinary) , dated 25th January, 2005
In exercise of the powers conferred by the proviso to Article 309 of the Constitution and in supersession of all existing rules and orders on the subject, the Governor is pleased to make the following rules regulating recruitment and the conditions of Service to persons appointed to the Uttar Pradesh Irrigation Department Architects Service :
Part I – General
------------------
### 1. Short title and commencement.
(1) These rules may be called the Uttar Pradesh Irrigation Department Architects Service Rules, 2004.
(2) They shall come into force at once.
### 2. Status of the Service.
- The Uttar Pradesh Irrigation Department Architects Service is a State Service comprising Groups 'A' and 'B' posts.
### 3. Definitions.
- In these rules, unless there is anything repugnant in the subject or context,-
(a) "Act" means the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994,
(b) "Appointing Authority" means the Governor;
(c) "Citizen of India" means a person who is or is deemed to be citizen of India under Part II of the Constitution;
(d) "Commission" means the Uttar Pradesh Public Service Commission,
(e) "Constitution" means the Constitution of India;
(f) "Government" means the State Government of Uttar Pradesh;
(g) "Governor" means the Governor of Uttar Pradesh;
(h) "Member of the Service" means a person substantively appointed under these rules or the rules or orders in force prior to the commencement of these rules to a post in the cadre of the Service;
(i) "Other backward classes of citizens" means the backward classes of citizens specified in Schedule 1 of the Act, as amended from time to time;
(j) "Service" means the Uttar Pradesh Irrigation Department Architects Service;
(k) "Substantive appointment" means an appointment, not being an ad hoc appointment, on a post in the cadre of the Service, made after selection in accordance with the rules and, if there were no rules, in accordance with the procedure prescribed for the time being by executive instructions issued by the Government; and
(l) "Year of recruitment" means a period of twelve months commencing on the first day of July of a calender year.
Part II – Cadre
-----------------
### 4. Cadre of Service.
(1) The strength of the Service and of each category of posts therein shall be such as may be determined by the Government from time to time.
(2) The strength of the Service and of each category of posts therein shall, until orders varying the same are passed under sub-rule (1), be as given below :
| | | | |
| --- | --- | --- | --- |
|
Serial Number
|
Name of Post
|
Number of Posts
|
Total
|
|
Permanent
|
Temporary
|
|
|
1.
|
Senior Architect
|
01
|
-
|
01
|
|
2.
|
Architect/Senior Landscape Architect
|
03
|
-
|
03
|
|
3.
|
Assistant Architect/Landscape Architect
|
06
|
01
|
07:
|
Provided that:
(i) the Appointing Authority may leave unfilled or the Governor may hold in abeyance any vacant post without thereby entitling any person to compensation; or
(ii) the Governor may create such additional permanent or temporary posts as he may consider proper.
Part III – Recruitment
------------------------
### 5. Source of recruitment.
- Recruitment to the various categories of posts in the Service shall be made from the following sources :
(1) Assistant Architect/Landscape Architect:
(i) seventy five per cent by direct recruitment through the Commission; or
(ii) twenty five per cent by promotion through the Commission from amongst substantively appointed Head Architectural Draftsman who have completed five years Service, as such, on the first day of the year of recruitment.
(2) Architect/Senior Landscape Architect. - By promotion through the Selection Committee from amongst substantively appointed Assistant Architects/ Landscape Architects who have completed seven years of Service, as such, on the first day of the year of recruitment.
(3) Senior Architect. - By promotion through the Selection Committee from amongst substantively appointed Architects/Senior Landscape Architects who have completed seven years of Service, as such, on the first day of the year of recruitment.
### 6. Reservation.
- Reservation for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the Act the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependants of Freedom Fighters and Ex-Servicemen) Act, 1993, as amended from time to time and the orders of the Government in force at the time of the recruitment.
Part IV – Qualifications
--------------------------
### 7. Nationality.
- A candidate for the direct recruitment to a post in the Service must be-
(a) a citizen of India; or
(b) a Tibetan refugee who came over to India before the 1st January, 1962 with the intention of permanently settling in India; or
(c) a person of Indian origin has migrated from Pakistan, Burma, Sri Lanka or any of the East African countries of Kenya, Uganda and the United Republic of Tanzania (formerly Tanganyika and Zanzibar) with the intention of permanently settling in India :
Provided that a candidate belonging to category (b) or (c) above must be a person in whose favour a certificate of eligibility has been issued by the State Government:
Provided further that a candidate belonging to category (b) will also be required to obtain a certificate of eligibility granted by the Deputy Inspector General of Police, Intelligence Branch, Uttar Pradesh :
Provided also that if a candidate belongs to category (c) above, no certificate of eligibility will be issued for a period of more than one year and the retention of such a candidate in Service beyond a period of one year shall be subject to his acquiring Indian citizenship.
Note. - A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused, may be admitted to an examination or interview and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his favour.
### 8. Academic qualification.
- A candidate for direct recruitment to the post of Assistant Architect/Landscape Architect must possess a Bachelor's degree in Architecture from a University established by law in India or a qualification recognised by the Government as equivalent thereto.
### 9. Preferential qualification.
- A candidate who has-
(i) served in the Territorial Army for a minimum period of two years; or
(ii) obtained a 'B' certificate of National Cadet Corps,
shall other things being equal, be given preference in the matter of direct recruitment.
### 10. Age.
- A candidate for direct recruitment to the post of Assistant Architect/Landscape Architect must have attained the age of twenty one years and must not have attained the age of more than thirty five years on the first day of July of the calendar year in which vacancies for direct recruitment are advertised by the Commission:
Provided that the upper age limit in the case of candidates belonging to the Scheduled Castes, Scheduled Tribes and such other categories as may be notified by the Government from time to time shall be greater by such number of years as may be specified.
### 11. Character.
- The character of a candidate for direct recruitment to a post in the Service must be such as to render him suitable in all respects for employment in Government Service. The Appointing Authority shall satisfy itself on this point.
Note. - Persons dismissed by the Union Government or a State Government or by a Local Authority or a Corporation or Body owned or controlled by the Union Government or a State Government shall be ineligible for appointment to any post in the Service. Persons convicted of an offence involving moral turpitude shall also be ineligible.
### 12. Marital status.
- A male candidate who has more than one wife living or a female candidate who has married a man already having a wife living shall not be eligible for appointment to a post in the Service :
Provided that the Government may, if satisfied that there exist special grounds for doing so, exempt any person from the operation of this rule.
### 13. Physical fitness.
- No candidate shall be appointed to a post in the Service unless he be in good mental and bodily health and free from any physical defect likely to interfere with the efficient performance of his duties. Before a candidate is finally approved for appointment he shall be required to pass an examination by a medical Board :
Provided that a medical certificate of fitness shall not be required from a candidate recruited by promotion.
Part V – Procedure for Recruitment
------------------------------------
### 14. Determination of vacancies.
- The Appointing Authority shall determine the number of vacancies to be filled during the course of the year of recruitment as also the number of vacancies to be reserved for candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories under Rule 6. The vacancies to be filled through the Commission shall be intimated to them.
### 15. Procedure for direct recruitment.
(1) Application for being considered for selection shall be invited by the Commission in the pro forma prescribed in the advertisement issued by the Commission.
(2) The Commission shall, having regard to the need for securing due representation of the candidates belonging to the scheduled Castes, Scheduled Tribes and other categories in accordance with Rule 6, call for interview such number of candidates, who fulfil the requisite qualification, as they consider proper.
(3) The Commission shall prepare a list of candidates in order of their proficiency as disclosed by the marks obtained by each candidate in the interview. If two or more candidates obtain equal marks, the candidate senior in age shall be placed higher in the list. The Commission shall forward the list to the Appointing Authority.
### 16. Procedure for recruitment by promotion through the Commission.
(1) Recruitment by promotion to the post of Assistant Architect/Landscape Architect in the Service shall be made on the basis of merit in accordance with the Uttar Pradesh Promotion by Selection in Consultation with Public Service Commission Procedure Rules, 1970, as amended from time to time.
### 17. Procedure for recruitment by promotion through the Selection Committee.
(1) Recruitment by promotion to the post of Architect/Senior Landscape Architect and Senior Architect in the Service shall be made on the basis of the criterion laid down in the Uttar Pradesh Government Servants Criterion for Recruitment by Promotion Rules, 1994, as amended from time to time, through the Selection Committee constituted in accordance with the provisions of the Uttar Pradesh Constitution of Departmental Promotion Committee for Posts Outside the Purview of the Service Commission Rules, 1992 as amended from time to time.
(2) The Appointing Authority shall prepare eligibility lists of the candidates in accordance with the Uttar Pradesh Promotion by Selection (on Posts Outside the Purview of the Public Service Commission) Eligibility List Rules, 1986 as amended from time to time, and place the same before the Selection Committee along with their character rolls and such other records, pertaining to them, as may be considered proper.
(3) The Selection Committee-shall consider the cases of candidates on the basis of records referred to in sub-rule (2), and if it considers necessary it may interview the candidates also.
(4) The Selection Committee shall prepare a list of selected candidates in order of seniority as it stood in the cadre from within they are to be promoted and forward the same to the Appointing Authority.
### 18. Combined select list.
- If in any year of recruitment appointments are made both by direct recruitment and by promotion, a combined select list shall be prepared taking the names of the candidates in such manner that the prescribed percentage is maintained, the first name in the list being of the person appointed by promotion.
Part VI – Appointment, Probation, Confirmation and Seniority
--------------------------------------------------------------
### 19. Appointment.
(1) Subject to the provisions of sub-rule (2), the Appointing Authority shall make appointment by taking the names of candidates in the order in which they stand in the lists prepared under Rule 15, 16, 17 or 18, as the case may be.
(2) Where, in any year of recruitment, appointments are to be made both by direct recruitment and by promotion, regular appointments shall not be made unless selections are made from both the sources and a combined select list is prepared in accordance with Rule 18.
(3) If more than one order of appointment are issued in respect of any one selection a combined order shall also be issued, mentioning the names of the persons in order of seniority as determined in the selection or, as the case may be, as it stood in the cadre from which they are promoted. If the appointments are made both by direct recruitment and by promotion, names shall be arranged in accordance with the order, referred to in Rule 18.
### 20. Probation.
(1) A person on substantive appointment to a post in the Service shall be placed on probation for a period of two years.
(2) The Appointing Authority may, for reasons to be recorded, extend the period of probation in individual cases specifying the date up to which the extension is granted :
Provided that, save in exceptional circumstances, the period of probation shall not be extended beyond one year and in no circumstances beyond two years.
(3) If it appears to the Appointing Authority at any time during or at the end of the period of probation or the extended period of probation that a probationer has not made sufficient use of his opportunities he may be reverted to his substantive post, if any, and if he does not hold a lien on any post, his services may be dispensed with.
(4) A probationer who is reverted or whose services are dispensed with under sub-rule (3) shall not be entitled to any compensation.
(5) The Appointing Authority may allow continuous Service rendered in an officiating or temporary capacity in a post included in the cadre or any other equivalent or higher post, to be taken into account for the purpose of computing the period of probation.
### 21. Confirmation.
(1) Subject to the provisions of sub-rule (2), a probationer shall be confirmed in his appointment at the end of the period of probation or the extended period of probation if-
(a) his work and conduct is reported to be satisfactory, and
(b) his integrity is certified.
(2) Where, in accordance with the provisions of the Uttar Pradesh State Government Servants Confirmation Rules, 1991, confirmation is not necessary, the order under sub-rule (3) of Rule 5 of those rules declaring that the person concerned has successfully completed the probation, shall be deemed to be the order of confirmation.
### 22. Seniority.
- The Seniority of persons substantively appointed in any category of posts in the Service shall be determined in accordance with the Uttar Pradesh Government Servants Seniority Rules, 1991, as amended from time to time.
Part VII – Pay etc.
---------------------
### 23. Scales of pay.
(1) The scales of pay admissible to persons appointed to the various categories of posts in the Service shall be such as may be determined by the Government from time to time.
(2) The scales of pay at the time of the commencement of these rules are given as follows:
| | |
| --- | --- |
|
Name of Post
|
Scale of Pay
|
|
(1) |
Assistant Architect/Landscape Architect
|
Rs. 8,000-275-13,500
|
|
(2) |
Architect/Senior Landscape Architect
|
Rs. 10,000-325-15,200
|
|
(3) |
Senior Architect
|
Rs. 12,000-375-16,500
|
### 24. Pay during probation.
(1) Notwithstanding any provision in the Fundamental Rules to the contrary, a person on probation, if he is not already in permanent Government Service, shall be allowed Iris first increment in the time-scale when he has completed one year of satisfactory Service, has passed departmental examination and undergone training where prescribed, and second increment after two years Service when he has completed the probationary period and is also confirmed.
(2) The pay during probation of a person who was already holding a post under the Government shall be regulated by the relevant fundamental rules.
(3) The pay during probation of a person already in permanent Government Service shall be regulated by the relevant rules, applicable generally to Government servants serving in connection with the affairs of the State.
Part VIII – Other Provisions
------------------------------
### 25. Canvassing.
- No recommendations, either written or oral, other than those required under the rules applicable to the post or Service will be taken into consideration. Any attempt on the part of a candidate to enlist support directly or indirectly for his candidature will disqualify him for appointment.
### 26. Regulation of other matters.
- In regard to the matters not specifically covered by these rules or special orders, persons appointed to the Service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State.
### 27. Relaxation from the conditions of Service.
- Where the State Government is satisfied that the operation of any rule regulating the conditions of Service of persons appointed to the Service causes undue hardship in any particular case, it may, notwithstanding anything contained in the rules applicable to the case, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary for dealing with the case in a just and equitable manner :
Provided that where a rule has been framed in consultation with the Commission that body shall be consulted before the requirement of the rule are dispensed with or relaxed.
### 28. Savings.
- Nothing in these rules shall affect reservation and other concessions required to be provided for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other special categories of persons in accordance with the orders of the Government issued from time to time in this regard.
|
65ba05d2ab84c7eca86ea7d4 | acts |
State of Andhra Pradesh - Act
-------------------------------
Andhra Pradesh Acts and Regulations (Repeal) Act, 2018
--------------------------------------------------------
ANDHRA PRADESH
India
Andhra Pradesh Acts and Regulations (Repeal) Act, 2018
========================================================
Act 25 of 2018
----------------
* Published on 25 October 2018
* Not commenced
AN ACT TO REPEAL CERTAIN ENACTMENTS OF THE STATE OF ANDHRA PRADESH.
Be it enacted by the Legislature of the State of Andhra Pradesh in the Sixty-ninth year of the Republic of India as follows:-
(1) This Act may be called the Andhra Pradesh Acts and Regulations (Repeal) Act, 2018.
(2) It shall comeinto force at once.
### 2. The enactments /regulations specified in the Schedule are hereby repealed.
The repeal by this Act of any enactment / regulations shall not affect any other enactment in which therepealed enactment has been applied, incorporated or referred to;
and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation orliability already acquired,accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty,obligation,liability,claim or demand,or any in demnityal ready granted, or the proof of anypast act or thing; nor shall thisAct affect anyprinciple or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appintment, notwithstanding that the same respectively may have been in any manner affirmed or recognized or derived by, in or from any enactment hereby repealed;
nor shall the repeal by this Act of any enactment reviveor restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedureor othermatter or thing not now existing or in force;
|
65bad1b6ab84c7eca86ec8e2 | acts |
State of Jharkhand - Act
--------------------------
Rules for the Departmental Examination of the Superintendents and Inspectors of Excise, 1970
----------------------------------------------------------------------------------------------
JHARKHAND
India
Rules for the Departmental Examination of the Superintendents and Inspectors of Excise, 1970
==============================================================================================
Rule RULES-FOR-THE-DEPARTMENTAL-EXAMINATION-OF-THE-SUPERINTENDENTS-AND-INSPECTORS-OF-EXCISE-1970 of 1970
----------------------------------------------------------------------------------------------------------
* Published on 21 July 1970
* Commenced on 21 July 1970
Rules for the Departmental Examination of the Superintendents and Inspectors of Excise, 1970
Published vide Notification No. S.O. 814, dated 21st July, 1970, published in Bihar Gazette (extra-ordinary) 9.9.1970
S.O. 814, dated the 21st July 1970. - In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, read with rule 12 of the Rules for the Departmental Examination of Gazetted Officers, the Governor of Bihar is pleased to make the following rules for the Departmental Examinations of the Superintendents and Inspectors of Excise, namely:-
### 1. Short title.
- These rules may be called the Rules for the Departmental Examination of the Superintendents and Inspectors of Excise.
### 2. Definitions.
- In these rules unless there is any thing repugnant in the subject or context,-
(a) "Government" means the Government of [Bihar]
[This may now be read as 'Jharkhand'.]
;
(b) "Departmental Examination" means The Departmental Examination of Superintendents and Inspectors of Excise;
(c) "Committee" means the Central Examination Committee constituted under rule 3 of "Rules for the Departmental Examination of Gazetted Officers" vide Appointment Department notification no. V/DE-109/61A-13559, dated the 10th October 1961;
(d) "Officer" means a Superintendent of Excise, an Inspector of Excise and a Sub-Inspector of Excise.
### 3. Subjects of Examination.
(1) The Departmental Examination for the Superintendents of Excise and Inspectors of Excise shall consist of examination in the following subjects, namely:-
(a) Law (Excise and Criminal).
(b) Excise Rules and Procedure.
(c) Accounts.
(d) Hindi.
(2) The syllabus for the examination will be as detailed in Appendix I.
### 4. Liability of Superintendents and Inspectors of Excise.
(a) Every Inspector of Excise is required to pass the Departmental Examination in Law (lower standard), Excise Rules and Procedure (both lower and higher standards) and Hindi (lower standard).
(b) On promotion to the rank of Inspector of Excise, every Sub-Inspector of Excise shall have to pass the Departmental Examination in Law (Excise and Criminal) (lower standard). Excise Rules and Procedure (lower and higher standards) and Hindi (lower standard).
(c) For promotion to the rank of Superintendent of Excise, every Inspector of Excise shall have to pass in Law (higher standard), Accounts and Hindi (higher standard).
No candidate may appear in a subject by the higher standard till he has passed in that subject by the lower standard.
### 5. Passing of examination in tribal language.
- (i) Any officer of the rank of Superintendent of Excise and Inspector of Excise posted in the areas mentioned in Appendix II will have to pass the examination in the tribal language mentioned therein against the district in which he is posted, by the lower standard, within a period of 18 months from the date on which he is posted to that district. If he fails to do so, his increments will be stopped until such time as he passes the examination:
Provided that if an officer is prevented from passing the examination by circumstances beyond his control, Government may grant him such further time for passing the examination as they consider fit.
(ii) An officer whose increments have been stopped for failure to pass the examination completely in a tribal language shall get his increments, as soon as he is transferred to a district outside the areas mentioned in Appendix II, or as soon as he crosses the age of 50 years, whichever is earlier.
(iii) The stoppage of increments to sub-rule (i) or sub-rule (ii) of this Rule shall not have cumulative effect.
(iv) An officer of the rank of Superintendent of Excise posted in [Bihar]
[This may now be read as 'Jharkhand'.]
outside the areas mentioned in Appendix II will be eligible to appear at the optional examination in the tribal language mentioned in Part II of Appendix.
### 6. Procedure for appearing at the examination.
- An officer desirous of appearing in the Departmental Examination is required to send to his District Officer, or Head of the Department through proper channel, but not later than the first May in the case of the 1st half-yearly examination and the 1st of September in the case of the 2nd half-yearly examination an intimation in the form given in Appendix III of his intention to appear at the examination.
### 7. Consolidated statement showing particulars of officer.
- From the applications referred to in the above rule, each District Officer or Head of Departments will prepare and send a consolidated statement showing the particulars of the officer and the subjects and standards in which they intend to appear, alongwith their applications to the Secretary to the Central Examination Committee constituted by Government to direct and control the departmental examinations, latest by the 16th May/16th September for the first/second half-yearly examination.
### 8. Secretary to take necessary steps.
- On receipt of such applications, the Secretary to the Central Examination Committee shall take necessary steps to inform the Centre' Superintendents about the candidates permitted to appear at each centre and may also issue, admit cards to the candidates for this purpose.
### 9. Confirmation.
- A Superintendent of Excise will be confirmed after-
(a) he has rendered two years of service as an Excise Superintendent; and
(b) Government consider the officer suitable in all respects for confirmation.
An Excise Inspector will be confirmed in the service after-
(a) he has rendered two years of service as Excise Inspector;
(b) he has passed the Departmental Examination completely as mentioned in rule 2 above; and
(c) the Board consider the officer as suitable in all respects for confirmation in the service.
### 10. Regulation of increments.
- An Excise Superintendent will be entitled to draw his increments in accordance with rule 85 of the Jharkhand Service Code. An Excise Inspector will be entitled to draw his first increment one year after the date of his appointment to the service or on the date of passing the Departmental Examination in Law, Excise Rules and Procedure and Hindi by lower standard, whichever, be later. He will be entitled to draw his second increment on completion of two years of service and also on passing the Departmental Examination by higher standards in Excise Rules and Procedure:
Provided that if the passing of the Departmental Examination or the confirmations of the officer be delayed, the officer will be entitled, on fulfilling the conditions above, to draw pay at the stage in the time scale to which he would have been entitled, had there been no delay in passing of the Departmental Examination or his confirmation.
Appendix I
Syllabus For The Departmental Examination
Section A - Law
### 1. The examination in Law shall be directed as far as may be feasible to points which frequently arise in practical work; and the papers to be answered with the aid of books shall be such as will thoroughly test the capacity of the examinees to understand the bearing of facts and to ascertain the Law and apply it. The question should be confined as much as possible to cases commonly arising in the ordinary routine of the office of a Superintendent of Excise, or Excise Inspector. Certain facts of probable occurrence in real practice should be stated, and the examinee is required to find and apply the law applicable to such facts. Only unannotated editions of Acts or Codes and Manuals issued by authority will be allowed in answering this paper. ###
2. For the purposes of examination of these officers, the course prescribed for the lower standard examination in Law without books will consist of-
(1) The Bihar and Orissa Excise Act.
(2) The Indian Opium Act.
(3) The Power Alcohol Act.
(4) The Molasses Control Act.
(5) The Medicinal and Toilet Preparation Act.
(6) The Indian Penal Code, 1860-Chapters I, II, IV, IX, X, XIII. Sections 269 to 277, 284, 290 and 291 f Chapter XIV.
(7) The Criminal Procedure Code, [1898-(Now 1974)]
[Now 1973 (2 of 1974).]
Chapters I, V, VI, XIV, XX to XXI, XXXIX and XLII.
(8) The Indian Evidence Act, 1872-Chapters I to V and X.
(9) The Bihar and Orissa Opium Smoking Act, 1928 (Act II of 1928).
(i) The Dangerous Drugs Act, 1930 (Act II of 1928)
(ii) All Amending Acts.
### 3. The higher standard examination in Law will besides stiffer test in the books prescribed for the lower standard comprise also question on Sections 60 and 63-70 of Chapter III and Chapter XI of the Indian Penal Code and Chapters IV, VII, XIII, XVI, XIX to XXII, XXXVIII and XLI of the Code of Criminal Procedure. The examination will be without the aid of books. Section B - Excise Rules and Procedures (With Books)
### 4. The books prescribed for the examination in Excise Rules and Procedures by both standards are- (i) Excise Manual of the Board of Revenue.
(ii) Technical Excise Manual.
(iii) Rules framed under the Power and Alcohol Act, 1942.
(iv) Rules framed under the Molasses Control Act, 1947.
(v) Rules framed under the Medicinal and Toilet Preparation (Excise Duties) Act, 1955.
The examination will be with the aid of books.
Section C - Accounts
### 5. The books prescribed for the examination in Accounts are as follows:- (i) The Bihar Service Code.
(ii) The Bihar Travelling Allowance Rules.
(iii) The Bihar Pension Rules.
(iv) The Bihar Treasury Code, Volume I - Chapter I, Chapter II, Sections I and IV, Chapter III, Chapter IV, Section I, Chapter V, Section I to Section V, Section VII and Section IX, Chapter VI, Section II, Section III and Section V and Chapter VIII, Section III.
(v) The Budget Manual.
(vi) An introduction to the Indian Government Accounts and Audit (Second Edition) published in 1940 under the authority of the Auditor General of India, Chapters 24, 25 and 26.
The examination will be with the aid of books.
Section D - Hindi
### 6. (a) There will be only one written paper in Hindi (in Devanagari script) carrying 200 marks. The duration of the examination will be three hours. The marks will be distributed as below:-
| | | |
| --- | --- | --- |
|
(i) Noting
|
...
|
30
|
|
(ii) Drafting
|
...
|
50
|
|
(iii) Translation
|
...
|
80 (Hindi to English-40. English to Hindi-40).
|
|
(iv) Correction of sentences
|
...
|
20
|
Officers securing 50 per cent and above in the written paper will be declared to have passed by the higher standard.
(b) The viva-voce examination in Hindi will carry 100 marks. The topics for viva-voce will be as follows:-
(i) Conversation on general topics-40 marks.
(ii) Testing knowledge of technical words and expressions generally used-30 marks.
(iii) Reading of Hindi manuscript and their oral translation into English and reading of passages in English and their translation into Hindi-30 marks.
(c) The minimum marks required for passing in the viva-voce by the lower standard and higher standard will be 50 percent and 60 percent respectively. An officer has to obtain the minimum pass marks separately in the written examination and viva-voce for being declared to have passed in Hindi by either standard.
(d) The following books are recommended:-
(i) Navin Hindi Praveshika.
(ii) Prashikshan Vyakhyan Mala, Parts I and II.
| | | | |
| --- | --- | --- | --- |
|
Subject
|
Maximum Marks.
|
Pass Marks.
|
Time allowed.
|
|
Lower
|
Higher
|
Lower
|
Higher
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
Law
|
100
|
100
|
50
|
60
|
3 Hours
|
|
Excise Rules and Procedure
|
100
|
100
|
50
|
60
|
Ditto
|
|
Accounts with Books
|
100
|
100
|
50
|
60
|
Ditto
|
|
Hindi
|
300
|
300
|
150
|
180
|
Ditto
|
Appendix II
Study of Tribal Language
Part-I Compulsory Examination in tribal languages.
### 1. An officer posted in the areas mentioned below must pass the compulsory examination in the tribal language noted against the district in which he is posted:- (1) Hazaribagh - Santhaii.
(2) Ranchi - Mundari.
(3) Palamau - Oraon.
(4) Singhbhum - Ho.
(5) Santhal Parganas - Santhaii.
(6) Dhanbad (only Chas and Chandankiari Police Stations of Baghmara subdivision of the district of Dhanbad) - Santhaii.
### 2. The tests which a candidate must undergo at the compulsory examination are as follows:- (a) he must be able to converse freely with people of the tribe, to understand and to make himself understood by them;
(b) he must write down sentences spoken in the tribal language by one of the tribe, and must explain the sentences correctly in English or Hindi; and
(c) he must translate from English or Hindi into the tribal language sentences not of more difficult nature than those described in clause (b) and the translation must be substantially correct and intelligible to people of the tribe in whose language it is written.
### 3. (a) The standard prescribed for the compulsory examination is the lower standard. In order to pass by this standard, the examinee must obtain not less than 50 per cent of the marks allotted to each branch of examination and 66 ⅔ per cent of the aggregate. (b)
The examinee shall be declared to have passed by the Higher standard, if he obtains not less than 60 per cent of the marks allotted to each branch of the examination and 75 per cent of the aggregate. Passing by the higher standard shall be optional for all officers An officer who passes by the lower standard shall be eligible to re-appear at the examination for the higher standard, while an officer who passed by the higher standard shall be declared to have passed by that standard even though he has not previously passed by the lower standard,
### 4. Notwithstanding anything contained in paragraphs 2 and 3 above the compulsory examination in the case of officers who have put in 15 years or more in service, shall consist only of an oral test, in which the examinee must be able to converse freely with the people of the tribe to understand and to make himself understood by them. In this test the examinee shall be declared to have passed, if he secures not less than 50 per cent of the marks. ###
5. If an officer is posted to one of the districts named in paragraph I of this Appendix and duly passes the examination in the tribal language prescribed for that district, and is subsequently posted to another district named in the same paragraph, for which a different tribal language is prescribed, it shall not be necessary for him to pass the examination in the tribal language at the latter district.
### 6. If an officer knows one of the language mentioned in paragraph I of this Appendix as his mother tongue, and is posted to a district for which that very language has been prescribed as the compulsory tribal language, he shall not be required to pass the compulsory examination in that language. If however, he is posted to a district for which the prescribed tribal language is different from the tribal language which he knows as his mother tongue, he shall be required to pass the compulsory examination in the tribal language of that district. ###
7. Examinations in the tribal languages shall be held once in six months, in January, and June, each year. The Commissioners of Chotanagpur and Bhagalpur Divisions will be responsible for conducting these examinations. There shall be uniformity in the standard of examinations held in both the Divisions. The same set of question papers shall be set for examination in one particular language to be held on a particular date. The examination shall be held at the district headquarters and the District Officer shall, under the supervision and control of the Commissioner be made responsible for conducting the examination. Different sets of question papers will be set for the examinations held on different dates.
### 8. The prescribed text books in the different tribal languages are the following:- | | | | |
| --- | --- | --- | --- |
|
Name of language.
|
|
|
Name of prescribed text book.
|
|
(1) Santhaii
|
...
|
...
|
Santhaii Praveshika, Part I and II by Sri Doman Sah, 'Samir'
Editor of the "Hor Sambad", published by Santhal
Paharia Seva Mandal, Deoghar.
|
|
(2) Mundari
|
...
|
...
|
A Mundari Grammar with exercise by Rev. J. Hoffman, S.J.
Catholic Mission, Ranchi.
|
|
(3) Oraon
|
...
|
...
|
Hath Ara Kath Billin Idu, by Dr. Christ Michael Tiga, K.B.
Kadru, Ranchi.
|
|
(4) Ho
|
...
|
...
|
Ho Kaji, by Shri Bhim Ram Solanki, Chaibassa.
|
### 9. Rewards will be given as mentioned below to candidates who pass the examination mentioned in paragraph 1 of this Appendix, within the stipulated time, subject to the condition that from all rewards granted, any rewards previously drawn for the same language will be deducted:- | | | | | |
| --- | --- | --- | --- | --- |
|
|
|
|
Lower Standard
|
Higher Standard.
|
|
|
|
|
Rs.
|
Rs.
|
|
Officers of Class I
|
...
|
...
|
750
|
1,000
|
|
Officers of Class II
|
...
|
...
|
500
|
800
|
|
Officers of Class III
|
...
|
...
|
250
|
400
|
Note I. - An officer, who appears only at the oral test, as provided in paragraph 4 above, shall not be entitled to any reward.
Note II. - No reward shall be given to any officer for proficiency in a second language of the same group. The groups are-
Group I - Ho, Mundari, Santhaii;
Group II - Oraon, Rajmahal Paharia;
Group III - Nepalese Paharia or Khas Kura.
### 10. The Commissioners conducting the examination will report to Government the names of officers declared to have passed by each standard. Part-II Rules for the Optional Study of Tribal Languages
### 11. Officer posted outside the areas mentioned in Part I of this Appendix will be eligible to appear at the optional examination in the languages noted below:-
Group I - Ho, Mundari, Santhaii.
Group II - Oraon, Rajmahal Paharia.
Group III - Nepalese Paharia or Khas Kura.
### 12. The tests which a candidate must undergo shall be as in Part 1 of the Appendix. In addition, the examination in Nepalese Paharia shall include a test in which the Examinee must transliterate and translate into English or Hindi a paper in the current written (not printed) form of character of the language.
### 13. The standards of the optional examination and the percentage of marks required for passing by each standard shall be the same as for the compulsory examination in other tribal languages laid down in paragraph 3 of this Appendix.
### 14. The examination shall be conducted under the control of the Commissioners, Chotanagpur and Bhagalpur Divisions, who will convene local committees for the purpose.
Commissioner of Bhagalpur:-
Group I - Santhaii
Group II - Rajmahal Paharia.
Group III - Nepalese Paharia.
Commissioner of Chotanagpur:-
Group I - Ho and Mundari.
Group II - Oraon.
### 15. The rewards to be given to successful candidates will be as detailed below subject to the condition that from all rewards granted, any rewards previously drawn for the same languages are deducted:
| | | | | |
| --- | --- | --- | --- | --- |
|
|
|
|
Lower Standard
|
Higher Standard.
|
|
|
|
|
Rs.
|
Rs.
|
|
For all languages
except Nepalese Paharia.
|
|
Officers of Class I
|
...
|
...
|
750
|
1,000
|
|
Officers of Class II
|
...
|
...
|
500
|
800
|
|
Officers of Class III
|
...
|
...
|
250
|
400
|
|
For Nepalese
Paharia.
|
|
Officers of Class I
|
...
|
...
|
250
|
500
|
|
Officers of Class II
|
...
|
...
|
150
|
300
|
|
Officers of Class III
|
...
|
...
|
50
|
100
|
### 16. The Commissioners, Chotanagpur and Bhagalpur Divisions will report to Government the names of officers declared to have passed by each standard.
Appendix III
(See Rule 4)
(Form of application.)
No...........................
From
....................................................................................
To
....................................................................................
Dated..............................20
Sir,
With reference to rule 1 (d) of the Rules for the Departmental Examination of Excise Superintendents and Inspectors, I have to report my intention to appear at the Departmental Examination to be held at (a).............................from the (b).........................20.............in the following subjects.-
(1) (2)
(3) (4)
(5) Your faithfully,
Full Signature with name anddesignation.
To be clearly written.
Office.......................................
District.....................................
Note. - Candidates should state for what standard they intend to appear -
(a) Name of Centre
(b) Date
|
65ba6d2dab84c7eca86eb472 | acts |
Union of India - Act
----------------------
The Indo-Tibetan Border Police Force, Inspector (Hindi Translator) Sub Inspector (Hindi Translator) Recruitment Rules, 1999
-----------------------------------------------------------------------------------------------------------------------------
UNION OF INDIA
India
The Indo-Tibetan Border Police Force, Inspector (Hindi Translator) Sub Inspector (Hindi Translator) Recruitment Rules, 1999
=============================================================================================================================
Rule THE-INDO-TIBETAN-BORDER-POLICE-FORCE-INSPECTOR-HINDI-TRANSLATOR-SUB-INSPECTOR-HINDI-TRANSLATOR-RECRUITMENT-RULES-1999 of 1999
------------------------------------------------------------------------------------------------------------------------------------
* Published on 31 August 1999
* Commenced on 31 August 1999
The Indo-Tibetan Border Police Force, Inspector (Hindi Translator) Sub Inspector (Hindi Translator) Recruitment Rules, 1999
Published vide Notification Gazette of India, Extraordinary, Part 2, Section 3(i) , dated 31st August, 1999 (w.e.f. 31st August, 1999)
### 1956. G.S.R. 613 (E) , dated 31st August, 1999. - In exercise of the powers conferred by Cl (b) of sub-section (2) of Section 156 of the Indo-Tibetan Border Police Force Act, 1992 (35 of 1992), and in supersession of Indo-Tibetan Border Police Hindi Translator Grade-I Hindi Translator Grade-II, Recruitment Rules, 1979, (ii) Indo-Tibetan Border Police Inspector (Hindi Translator) Recruitment Rules, 1995 except things done, or omitted to be done before such supersession, the Central Government hereby makes the following rules regulating the method of recruitment to Group 'B' and 'C' post in Hindi Translator Cadre of the Indo-Tibetan Border Police Force, namely :
### 1. Short title and commencement.
(1) These rules may be called the Indo-Tibetan Border Police Force, Inspector (Hindi Translator) & Sub-Inspector (Hindi Translator) Recruitment Rules, 1999.
(2) They shall come into force on the date of their publication in the Official Gazette.
### 2. Number of posts classification and scale of pay.
- The number of the said posts, their classification and the Scales of pay attached thereto shall be as specified in columns (2) to (4) of the Schedule annexed to these rules.
### 3. Method of recruitment, age limit and other qualifications.
- The method of recruitment to the said posts, age limit, qualifications and other matters relating thereto shall be as specified in columns (5) to (14) of the said Schedule.
### 4. Disqualification.
- No person,
(a) who has entered into or contracted a marriage with a person having' a spouse living, or
(b) who, having a spouse living, has entered or contracted a marriage with any person, shall be eligible for appointment to any of the said posts.
Provided that the Central Government may, if satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.
### 5. Power to relax.
- Where the Central Government is of the opinion that it is necessary or expedient so to do, it may by order and for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.
### 6. Saving.
- Nothing in these rules shall affect reservation, relaxation of age limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, Other Backward Classes, Ex-servicemen and special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.
Schedule
----------
| | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
Name
of the Post
|
Number
of Posts
|
Classification
|
Scale
of pay
|
Whether
by selection-cum-seniority
|
Whether
benefit of added years of service admissible under rule 30 of the
Central Civil Services (Pension) Rules,
1972.
|
Agelimitfor
direct recruits
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
1.Inspector (Hindi Translator)
|
39\*
(1999) \*Subject
to variation dependent on workload
|
General
Central Service
Group
'B' (Nongazetted) (Non-Ministerial).
|
Rs.
6500-200-10,500
|
Selection
by merit
|
Not
applicable
|
Between
25 to 30 years. (Relax able for Government servant upto 5 years
in accordance with the instructions or orders issued by the
Central Government).
Note.-The
crucial date for determining the age limit in each case shall be
the closing date for receipt of applications from candidates except for those in Assam, Meghalaya, Arunachal Pradesh, Mizoram,
Manipur, Nagaland, Tripura, Sikkim, Ladakh Division of Jummu and
Kashmir State, Lahaul and Spiti District and Pangi Sub Division of
Chamba District of Himachal Pradesh Andaman Nicobar Islands and
Lakshadweep)
,.
|
|
Education
and other qualifications required for direct recuits.
|
Whether
age and educationa qualifications prescribed for direct recuits
will apply in
|
Period
of probation if any.
|
Method
of recruitment whether by direct recruitment or by promotion or
by deputation/absorption and percentage of the posts to be
filled by various methods.
|
|
8
|
|
|
9
|
10
|
11
|
|
|
Master's
Degree of recognised University in Hindi/English with Hindi as a
compulsory/elective subject or as medium of examination at
Degree level.
OR
Master
Degree of recognised University in any subject other than
Hindi/English with Hindi and English as compulsory/elective or
either of the two as a medium of examination and the other as
compulsory/elective subject at Degree level
OR
Master's
Degree of a recognised University in any subject other than
Hindi/English with Hindi/English as medium and English/Hindi as
a compulsory/elective subject of as medium of examination at
Degree level
OR
Bachelor's
Degree of a recognised University with Hindi and English as
compulsory/elective subject or eitherof the two as medium (of examination
and the other as a compulsory/elective subject,plusa recognised Diploma /
Certificate course in Translation from Hindi to English andviceversaor
three years experience of translation work from Hindi to English
andviceversain Central/State Government
department including Government of India undertakings.
|
Not
applicable
|
Two
years
|
Direct
Recruitment, 70 % Promotion, 30 %
|
|
|
In
case of recruitment by promotion/ deputation/ absorption, grade
from which promotion/ deputation/ absorption to be made.
|
|
|
|
|
12
|
|
|
|
|
ByPromotion:
From
amongst the Sub-Inspector (Hindi Translator) of Indo-Tibetan
Border Police having three years regular service in the grade
|
|
If
a Departmental Promotion Committee exists what is its composition
|
Circumstances
in which Union Public Service Commission is to be consultedinmaking recruitment
|
|
|
13
|
|
|
14
|
|
|
|
Group
'B' Deparbnental Promotion Committee consisting of;-
|
|
Not
applicable
|
|
|
|
1.
Inspector General/Deputy Inspector General, Indo-Tibetan Border
Police Force.
|
|
Chairman
|
|
|
|
2.
Deputy Inspecfor General, Indo-Tibetan Border Police Force.(Ifnot presiding over Departmental
Promotion Committee)
|
|
Member
|
|
|
|
3.
Chief Administrative Officer, Indo-Tibetan Border Police Force.
|
|
Member
|
|
|
|
4.
Commandant Staff, Indo-Tibetan Border Police Force.
|
|
Member
|
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
2.
Sub-Inspector (Hindi Translator)
|
2\*
(1999) \*Subject
to variation dependent on workload.
|
General
Central Service
Group'C'(Nongazetted) (Non-Ministerial).
|
Rs.
5,500-175-9000
|
Not
applicable
|
Not
applicable
|
Between
25 to 30 years (Relaxable for Government servant upto 5 years in
accordance with the instructions or orders issued by Central
Government).
Note. -The
crucial date for determining the age limit in each case shall be
the closing date for receipt of applications from candidates
except for those in Assam, Meghalaya, Arunachal Pradesh, Mizoram, Manipur, Nagaland, Tripura, Sikkim, Ladakh Division of Jammu Kashmir State, Lahaul and Spiti District and Pangi Sub-Division of Chamba District of Himachal Pradesh, Andaman Nicobar Islands and Lakshadweep.
|
|
8
|
|
9
|
10
|
11
|
|
|
|
Graduate
from a recognised University with Hindi as one of the main
subjectandEnglish as an elective.
|
Not
applicable
|
Not
applicable
|
By
deputation/ absorption failing which by direct recruitment.
|
|
|
|
|
|
12
|
|
|
|
|
Bydeputation/ absorption:
Official
holding analogous ranks or Head Constable or Upper Division
Clerks with 10 years service possessing educational qualification
indicated in column 8.
(The
period of deputation including the period of deputation in
another ex-cadre post held immediately preceding this appointment
insameor
some other Organisation or department of the Central Government
shall ordinarily not exceed three years). The maximum age limit
forappointment
by deputation shall be not exceeding 56 years as on the closing
date of receipt of applications.
|
|
|
13
|
|
|
14
|
|
|
|
Group.C'DepartmentalProIllotion Committee for
confirmation consisting of:-
|
|
Exempted
from The purview of the Union Public Service Commission
consultation
|
|
1.Deputy Inspector-General,
Indo-Tibetan Border Police Force.
|
|
Chairman
|
|
|
|
2.Chief Administrative Officer,
Indo-Tibetan Border Police Force.
|
|
Member
|
|
|
|
3..Commandant
Staff, Indo-Tibetan Border folice Force.
|
|
Member
|
|
|
|
4.
Senior Administrative Officer, Indo-Tibetan Border Police Force.
|
|
Member
|
|
|
|
65b94b21ab84c7eca86e8d04 | acts |
State of Chattisgarh - Act
----------------------------
Chhattisgarh Lok Sewa Guarantee Act, 2011
-------------------------------------------
CHHATTISGARH
India
Chhattisgarh Lok Sewa Guarantee Act, 2011
===========================================
Act 23 of 2011
----------------
* Published on 12 October 2011
* Commenced on 12 October 2011
Chhattisgarh Lok Sewa Guarantee Act, 2011
(Act
No. 23 of 2011
)
Last Updated 10th October, 2019
[Dated 12.10.2011]
An Act to provide for the delivery of certain public services to citizens by the State Government, local bodies, public authorities or agencies within the stipulated time, and to fix the liabilities of persons responsible for delivery of such services in the event of default and for matters connected therewith or incidental thereto.
Be it enacted by the Chhattisgarh Legislature in the Sixty-second Year of the Republic of India, as follows :-
### 1. Short title, extent, commencement and application.
(1) This Act may be called the Chhattisgarh Lok Sewa Guarantee Act, 2011.
(2) It extends to the whole State of Chhattisgarh.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
(4) This Act shall apply to persons appointed to any civil services or posts in connection with the affairs of the Government of Chhattisgarh, local bodies, public authorities or agencies which are owned, controlled or substantially financed by the Government.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "Appellate Authority" means an officer notified by the Government, local body, public authorities or agencies as the case may be, and invested with the power to hear appeals against the orders passed by any Competent Officer under this Act;
(b) "Competent Officer" means an officer so notified by the Government, local body, public authority or agency as the case may be, under Section 5 of this Act, and empowered to impose cost for default or delay caused by the person responsible for delivery of Lok Sewa;
(c) "Department" means a department of the Government or a section, division, branch, office or constituent unit, or by whatever name called, of a local body, public authority or agency as the case may be;
(d) "Government" means the Government of Chhattisgarh;
(e) "Local body" means and includes any authority, municipality, panchayat or any other body, by whatever name called, for the time being invested by law to render Lok Sewa within the State of Chhattisgarh or to control, manage or regulate such services within a specified local area thereof;
(f) "Lok Sewa" means and includes citizen related public service notified under Section 3;
(g) "Notification" and "Notified", where the context so requires, means and relate to a notification published in the official Gazette;
(h) "Prescribed" means prescribed by the rules made under this Act;
(i) "Public authority" means any authority or body or institution of self governance established or constituted by any law made by the Legislature of the State of Chhattisgarh or constituted by a notification issued or order made by the Government; and includes : -
(I) a body owned, controlled or substantially financed by the Government;
(II) a non-government organization substantially financed, directly or indirectly, by the funds provided by the Government; and
(III) an organization or body corporate in its capacity as an instrumentality of 'State' as defined under Article 12 of the Constitution and rendering Lok Sewa in the State of Chhattisgarh.
(j) "Rule" means a rule made by the Government under this Act, and notified as such;
(k) "Stipulated time" means the maximum time, notified under Section 3 of this Act, to provide Lok Sewa or to decide the appeal by the appellate authority.
### 3. Right to obtain Lok Sewa in stipulated time.
(1) Every person shall have the right to obtain Lok Sewa in the State of Chhattisgarh, within the stipulated time as notified from time to time by the State Government, in accordance with the provisions of this Act.
(2) Every applicant who fails to obtain Lok Sewa within the stipulated time, shall be entitled to receive cost as provided under sub-section (4) of Section 4, in respect of his application, in the manner as may be prescribed.
### 4. Liability to deliver Lok Sewa in stipulated time, imposition, recovery and payment of cost.
(1) Every department shall designate the person(s) responsible for delivering Lok Sewa from the date of commencement of this Act, and the fact of such designation shall be displayed in some conspicuous part of the department for the information of general public.
(2) Every person responsible for delivering Lok Sewa referred to in sub-section (I) shall deliver such services in accordance with the notification under Section 3. .
(3) Every application for Lok Sewa shall be acknowledged by the person responsible for delivering the service or by the department, as the case may be, and every applicant shall be entitled to obtain the status of his application in the manner as may be prescribed.
(4) Every person responsible for delivering Lok Sewa who fails to deliver such services within the stipulated time shall be liable to pay costs at the rate of one hundred rupees for each day during the period of delay, if any, subject to a maximum cost of one thousand rupees, which shall be recoverable from him towards payment to the person applying for Lok Sewa in respect of failure to obtain such service :
Provided that, no costs shall be recovered from the person responsible for delivering Lok Sewa unless he has been served with a notice and has been accorded a reasonable opportunity to be heard by the Competent Officer, in the manner as may be prescribed :
Provided further that, no costs shall be recoverable, where the application for such service is deficient in any manner and such deficiency has been indicated in the acknowledgement referred to in sub-section (3) :
Provided also that, no costs shall be recoverable, where the delay in delivering such service is, in the opinion of the Competent Officer, owing to reasons beyond the control of the person responsible for delivering Lok Sewa.
(5) The manner of recovery of costs and payment to the applicant under sub-section (4) shall be as may be prescribed.
### 5. Appointment of Competent Officer.
- Every department shall notify one or more persons, not below the rank of the person responsible for delivering Lok Sewa, as competent officer for the purposes of this Act.
### 6. Liability for furnishing false information to obtain Lok Sewa.
- No person shall submit any application which contains any fact or information, which he knows or has reasons to believe to be false, to obtain any Lok Sewa, and he who furnishes such fact or information may be liable for criminal action under the law for the time being in force.
### 7. Right of Appeal.
(1) Any person who is aggrieved by an order passed by the Competent Officer under this Act, shall be entitled to file an appeal before the Appellate Authority, in the manner as may be prescribed, within a period not exceeding thirty days from the receipt of the impugned order, and the Appellate Authority shall decide the appeal within a maximum period of 45 days from the date of institution of the appeal and while deciding the appeals shall follow the principles of natural justice. The order of the appellate authority shall be final and binding.
(2) Every department shall notify a person not being below the rank the Competent Officer, to be the Appellate Authority for the purposes of sub-section (1).
(3) A copy of the order made by the Appellate Authority, in respect of a person responsible for delivering Lok Sewa, shall be forwarded to the department having administrative or disciplinary control over such person for being maintained in the records pertaining to the work related performance of the person for taking such administrative action as deemed appropriate by it.
### 8. Deemed service conditions.
- The provisions of this Act shall be in addition to, and not in derogation of, the service conditions, the disciplinary and financial rules and such other service rules and regulations as are applicable to the person responsible for delivering Lok Sewa.
### 9. Power to make rules.
(1) The Government may, by notification make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely : -
(a) the manner in which cost for failure to obtain Lok Sewa is to be received by the applicant under section 3 and its payment is to be made to the applicant under sub-section (5) of Section 4;
(b) the manner in which an application for Lok Sewa is to be acknowledged and its status is to be obtained by the applicant under sub-section (3) of Section 4;
(c) the manner of issuing notice, the procedure for hearing by Competent Officer, and the manner of fixing the liability of cost, and its recovery under sub-section (4) of Section 4;
(a) the manner of preferring an appeal and the procedure governing disposal of such appeal by the appellate authority under Section 7;
(e) any other matter which is required to be, or may be prescribed.
(3) Every rule made under this Act by the Government shall be laid, as soon as may be, after it is made, before the Legislative Assembly of the State.
### 10. Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provision of this Act, the. Government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulties :
Provided that, no such orders 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, be laid before the Legislative Assembly of the State.
|
65b9e3c4ab84c7eca86ea2f5 | acts |
State of Assam - Act
----------------------
Assam Industries (Tax Reimbursement for Eligible Units) Scheme, 2017
----------------------------------------------------------------------
ASSAM
India
Assam Industries (Tax Reimbursement for Eligible Units) Scheme, 2017
======================================================================
Rule ASSAM-INDUSTRIES-TAX-REIMBURSEMENT-FOR-ELIGIBLE-UNITS-SCHEME-2017 of 2017
--------------------------------------------------------------------------------
* Published on 19 January 2018
* Commenced on 19 January 2018
Assam Industries (Tax Reimbursement for Eligible Units) Scheme, 2017
Published vide Notification No.FTX. 113/2017/72, dated 19.1.2018
Last Updated 12th February, 2020
No.FTX. 113/2017/72. - Whereas in pursuance of Industrial and Investment Policies of Assam, announced by the State Government from time to time with the object of attracting investment, to promote industrialization and generation of employment, various tax exemptions were offered to eligible manufacturing units and specified service sectors and such tax incentives were granted through the respective Industries (Tax Exemption): Schemes (hereinafter referred to as 'Earlier Schemes notified by the Government pursuant to such policies or by special notifications in case of customized incentives under such policies;
And Whereas under the erstwhile Assam Industries (Tax Exemption) Scheme, 2009, framed pursuant to Industrial and Investment Policy of Assam, 2008, an eligible manufacturing unit is entitled to partial tax exemption for 7 years from the date of commencement of commercial production subject to monetary ceiling linked to certain percentage of capital investment and such unit is entitled to retain 99% of the tax amount by way of subsidy or remission and is required to deposit only 1% of the tax amount into Government exchequer;
And Whereas under the erstwhile Assam Industries (Tax Exemption) Scheme, 2013, framed pursuant to Industrial and Investment Policy of Assam, 2014 an eligible manufacturing unit is entitled to tax exemption for 15 years from the date of commencement of commercial production subject to monetary ceiling linked to certain percentage of capital investment and such unit is entitled to tax remission in a tapered manner i.e. 100% tax remission during the first and second completed year of production, 80% exemption during third and fourth year subject to 50% utilization of installed capacity and 50% exemption during fifth to fifteen years of production subject to 60% utilization of installed capacity. Under this scheme, the hotels are entitled to exemption of Luxury Tax to the extent of 50% for ten years:
And Whereas following the enactment of the Constitution (One Hundred and First Amendment) Act, 2016 the Goods and Services Tax (GST) has been introduced in Assam with rest of the nation with effect from 1st of July, 2017, which has brought about a paradigm shift by replacing multiple indirect tax levies of Centre and of the States with a single tax which ensures seamless flow of tax credit across the value drain and across tire State boundaries. While State levies like Value Added Tax, Entry Tax, Luxury Tax and Amusement Tax have been subsumed under GST, the non-rebatable Central Sales Tax (CST) collected by the exporting State has been replaced by Integrated GST levied ami collected by the Central Government with input tax credit facilities:
And Whereas the existing system of tax exemption is not compatible to GST regime and hence tire GST Council, constituted under Article 279A of the Constitution of India, in its meeting held on 30th September, 2016 decided that all entities exempted from payment of indirect tax under' any existing tax incentive scheme shall have to pay tax in the GST regime and in case the Central or State Government decides to continue any existing exemption/incentive /deferral scheme, then it shall be administered by way of reimbursement mechanism through the budgetary route/support to such units:
And Whereas the State Government vide Notification No. FTX.90/2016/71 and Notification No. FTX.90/2016/70 both dated 29th June, 2017 notified that the Assam Industries (Tax Exemption) Scheme, 2009 and the Assam Industries (Tax Exemption) Scheme, 2015 respectively shall cease to operate on and from the date of coming into force of the Assam Goods and Services tax Act, 2017 (Assam Act No. XXVIII of 2017) i.e. 1st July, 2017 and all eligible units availing tax exemption under the said earlier schemes shall be liable to pay tax under the Assam Goods and Services Tax Act, 2017 from the date of coming into force of the said Act and the State Government shall notify appropriate scheme through which the existing tax exemption shall be reimbursed to the eligible units;
And Whereas in order to stimulate industrial activity, attract investment in the Stale, generate employment opportunities and bring about socio-economic development in the State of Assam and as a measure of goodwill and to honour the said commitment of the Government of Assam to provide reimbursement of tax paid under the Assam Goods and Services Tax, 2017 (a) to the eligible existing units operating in the State under die Industrial and Investment Policy of Assam, 2008 or under the Industrial and Investment Polity of Assam, 2014 and covered by earlier schemes or special not ill cat ions, to die extent of Un-availed monetary incentives and for residual or un-expired time limit for Which each of the units is eligible, and (b) to the eligible new units or expansion units which commences their commercial production/operation during the period commenting from 1st July, 2017 to 31st December, 2022 in terms of the eligibility criteria of Industrial and Investment Policy of Assam, 2014, the Governor of Assam is hereby pleased to notify the Assam Industries (Tax Reimbursement for Eligible Units) Scheme, 2017, hereinafter referred to as the 'Reimbursement Scheme', for granting reimbursement of tax to eligible units, in the manner hereinafter appearing, namely:-
### 1. Short title and commencement.
(1) This Scheme may be called the Assam Industries (Tax Reimbursement for Eligible Units) Scheme, 2017.
(2) This Scheme shall be deemed to have come into force with effect from 1st July, 2017.
### 2. Definitions.
(a) 'eligible unit' means, -
(i) 'existing unit' which commenced its commercial production or operation before 1st day of July, 2017 and was eligible to avail the benefit of partial or Full exemption front payment of VAT and/or central sales tax under the Industrial and Investment Policy of Assam, 2008 or under the Industrial and Investment Policy of Assam, 2014, as the case may be, and covered by the corresponding earlier schemes i.e. the earlier Assam Industries (Tax Exemption) Scheme, 2009 or the Assam Industries (Tax Exemption) Scheme, 2015 or any special notification issued pursuant to such Policy of 2008 or Policy of 2014;
(ii) 'expansion unit' which undertakes substantial expansion and commences its commercial production during the period commencing from 1st July, 2017 to 31st December, 2022 in terms of the eligibility criteria of Industrial and Investment Policy of Assam, 2014.
Explanation. - "substantial expansion" means increase in value of initial fixed capital investment of a new or existing unit by at least 10% as well as increase in employment by at least 10% and at least 25% increase in production compared to average mutual production of previous 3 years. Prior to going for substantial expansion, the unit should be operating at least at an average of 75% of its installed total capacity during the period of 3 previous years:
(iii) 'new unit' which commences its commercial production/operation during the period commencing from 1st July, 2017 to 31st December, 2022 in terms of the eligibility criteria of Industrial and Investment Policy of Assam, 2014 and it includes hotels/resorts above 2-star category and river cruise.
(b) 'residual period' means the period remaining for availment of tax reimbursement on the date of commencement of the Assam Goods and Services Tax Act, 2017 out of the total period from the date of commencement of commercial production or Operation, as specified under the relevant earlier schemes, during which the eligible unit would have been eligible to avail exemption:
(c) 'un-availed quantum of monetary ceiling' means the remaining amount of monetary ceiling which has not been availed of or utilized by an eligible unit on the date of commencement of the Assam Goods and Services tax Act, 2017 out of the total amount of monetary ceiling of tax exemption calculated on the basis of certain percentage of capital investment as available to such unit under the relevant earlier schemes or special notifications.
### 3. Scope of operation.
(1) This Reimbursement Scheme shall be applicable to the existing eligible units which are eligible for full or partial tax exemption under the following Policies or earlier schemes, or notification, namely:-
(a) The Assam Industries (Tax Exemption) Scheme, 2009, framed pursuant to Industrial and Investment Policy of Assam, 2008 or the notifications issued by the finance (Taxation) Department granting customized tax incentives under the said Policy of 2008;and
(b) The Assam Industries (Tax Exemption) Scheme, 2015, framed pursuant to Industrial and Investment Policy of Assam, 2014 or the notifications issued by the Finance (Taxation) Department granting customized tax incentives under the said Policy of 2014.
(2) This Reimbursement Scheme shall further be applicable to the new units or expansion units which commence their commercial production/operation during the period from the 1st day of July, 2017 to 31st December, 2022 in terms of the eligibility criteria of Industrial and Investment Policy of Assam, 2014.
(3) The Reimbursement Scheme shall be limited to the tax which accrues in cash to the State Government under Assam Goods and Service Act, 2017.
### 4. Determination of the amount reimbursable.
(1) Subject to other provisions, the amount reimbursable under this Scheme to the eligible unit shall be as below;
(i) For existing unit eligible under the Industrial and Investment Policy of Assam, 2008:- Where an existing eligible unit is holder or will be holder of Certificate of Entitlement in due course as per the terms of the Assam Industries (Tax Exemption) Scheme, 2009 framed pursuant to the industrial and Investment Policy of Assam, 2008 or an existing eligible mega unity to which the customized tax incentives has been granted by special notification issued by the Finances (Taxation) Department, pursuant to the Industrial and Investment Policy of Assam, 2008, shall, in respect of intra-State supplies made within the State, be entitled to reimbursement of 100% of the State tax (SGST) paid through debit in the electronic cash ledger account maintained by the unit in terms of sub-section (1) of section 49 the Assam Goods and Services Act, 2017 after utilization of the input tax credit of the State tax (SGST) ami Integrated tax (IGST) available until the amount of such tax reimbursement exceeds the un-availed quantum of monetary ceiling or till the expiry of residual period of eligibility, whichever is earlier:
Provided that if an existing eligible unit including a Mega unit to which the customized tax incentives have been granted, is unable to utilise or avail of the full amount of monetary ceiling within the specified period of exemption, it may make an application to the Finance (Taxation) Department for extension of period of eligibility. Upon examination of such an application, if the Finance (Taxation) Department is satisfied that the unit could not achieve the full quantum of monetary ceiling due to some genuine reasons and in order to sustain the industrial unit, it is necessary to extend such time limit, if may, by an order, extend such time limit by a further period not exceeding five years.
(ii) For existing unit eligible under the Industrial and investment Policy of Assam, 2014:- Where an existing eligible unit is holder or will be holder of Certificate of Entitlement in due course as per the terms of the Assam Industries (Tax Exemption) Scheme, 2015 framed pursuant to the Industrial and Investment Policy of Assam, 2014 or an existing eligible mega unit to which the customized tax incentives have been granted by special notification issued by the Finance (Taxation) Department, pursuant to the Industrial and investment Policy of Assam, 2014, shall, in respect of intra-State supplies made within the State, be entitled to reimbursement of 100% of the State tax (SGST) paid through debit in the electronic cash ledger account maintained by the unit in terms of sub-section (1) of Section 49 tire Assam Goods and Services Act, 2017 after utilization of the input tax credit of the State tax (SGST) and integrated tax (IGST) available until the amount of such tax reimbursement exceeds the un-availed quantum of monetary ceiling or till the expiry of residual period of eligibility, Whichever is earlier, irrespective condition of capacity utilization:
Provided that if an existing eligible unit including a Mega Unit to which the customized tax incentives have been granted, is unable to utilize or avail of the full amount of monetary ceiling within the specified period of exemption, it may make an application to the Finance (Taxation) Department for extension of period of eligibility , Upon examination of such an application, if the Finance (Taxation) Department is satisfied that the unit could not or is not in a position to attain the full quantum of monetary ceiling due to some genuine reasons sad in order to sustain the industrial unit, it is necessary to extend such time limit, it may, by an order, extend such time limit by a further period not exceeding five years.
(iii) For eligible new units and expansion units which commence their commercial production/operation during the period commencing from 1st July 2017 to 31st December, 2022:-
(a) Subject to other provisions of this clause, an eligible new unit or an expansion unit, which commences its commercial production/operation during the period commencing from 1st July, 2017 to 31st December, 2022, shall, in respect of intra-State supplies made within the State, be entitled to reimbursement of 100% of the State tax (SGST) paid through debit in the electronic cash ledger account maintained by the unit in terms of sub-section 1) of section 49 the Assam Goods and Services Act, 2017 after utilization of the available amount of the input Tax credit of the State tax (SGST) and Integrated tax (IGST).
(b) The time limit and monetary ceiling of such tax reimbursement for the eligible new unit and expansion unit shall be as per following scale:-
| | |
| --- | --- |
|
Category
|
Limit of tax reimbursement
|
|
New unit
|
Expansion unit
|
|
For units set up in areas other than special
parks specified in next Column
|
For units set up in Plastic Park Bamboo Park,
Food Park, Tea Park and other Parks developed by or
in-collaboration with State/Central Government
|
For units set up in areas other than special
parks specified in next column
|
For units set up in Plastic Park. Bamboo Park,
Food Park, Tea Pack and other Parks developed by or in
collaboration with State/Central Government
|
|
Micro
|
15 (fifteen) years subject to maximum of 200% of
fixed capital investment.
|
15 (fifteen) years subject to maximum of 250% of
fixed capital investment.
|
15 (fifteen) year's subject to maximum of 150%
of additional fixed capital investment
|
15 (fifteen) years subject to maximum of 200% of
additional fixed capital investment.
|
|
Small
|
15(fifteen) years subject to maximum of 150% of
fixed capital investment.
|
15 (fifteen) years subject to maximum of 180% of
fixed capital investment:
|
15 (fifteen) years subject to maximum of 100% of
additional fixed capital investment.
|
15 (fifteen) years subject to maximum of 120% of
additional fixed capital investment.
|
|
Medium and Large
|
15 (fifteen) years subject so maximum of 150% of
fixed capital investment.
|
15 (fifteen) years subject to maximum of 150% of
fixed capital investment.
|
15 (fifteen) years subject to maximum of 100% of
additional fixed capital investment.
|
15 (fifteen) years subject to maximum or 100% of
additional fixed capital investment.
|
The time limit of 15 (fifteen) years shall be calculated from the date or commencement of commercial production/operation and shall stand reduced upto the date When the unit reaches the monetary ceiling of exemption or upto the date of closure of the eligible unit, if (the date of closure occurs prior to the expiry of the above mentioned period of 15 years.
Further, the hotels/resorts above 2 star category and river cruise, being covered by definition of new unit, shall be eligible for tax reimbursement as per time limit and monetary ceiling as are applicable to a new unit.
(c) If an eligible new unit or a expansion unit or a Mega unit to which the customized tax incentives have been granted, is unable to utilize or avail of the full amount of monetary ceiling within the specified period of exemption, it may make an application to the Finance (Taxation) Department for extension of period of eligibility. Upon examination of such an application, if the Finance (Taxation) Department is satisfied that the unit could not or is not in a position to attain the full quantum of monetary ceiling due to some genuine reasons and in order to sustain the industrial unit, it is necessary to extend such time limit, it may, by an order, extend such time limit by a further period not exceeding five years.
(d) In case of eligible new units or expansion units, the extent of reimbursable amount of the State tax (SGST) shall be 100% Of the amount of tax paid until the amount of such tax reimbursement exceeds the quantum of monetary ceiling or till the expiry of period of eligibility, whichever is earlier, irrespective of condition of capacity utilization.
(e) A new eligible mega unit, Which Commences its commercial production/operation during the period commencing from 1st July, 2017 to 31st December, 2022 in terms of the eligibility criteria of Industrial and Investment Policy of Assam, 2014, to which the customized tax incentives are granted by special notification issued by the Finance (Taxation) Department, shall, in respect of in intra-State supplies made within the State, be entitled to reimbursement of 100% of the State paid (trough debit in the electronic cash ledger account maintained by the unit in terms of sub-section (1) of section 49 the Assam Goods and Services Act, 2017 after utilization of the available amount of the input tax credit of the State tax (SGST) and Integrated tax (IGST), subject to the quantum of monetary ceiling and the time limit for tax reimbursement, as laid down in the special notification:
Provided that the quantum of monetary celling that may be allowed to a Mega unit, shall not exceed 200% of fixed capital investment.
(f) If an existing unit makes an additional investment of not less than ten crore rupees for generation of power through green technology i.e. renewable sources of energy like solar plant Which results in substantial reduction of use of fossil fuels and such renewable source of energy results in replacement of conventional source of energy by at least 40% of regular consumption, such unit may make an application in the Finance (Taxation) Department for consideration of she investment for tax reimbursement. The Finance (Taxation) Department, after such examination and enquiry as may be deemed necessary, if it is satisfied that such investment qualifies for tax incentives, it may, by an order, declare the unit eligible for tax reimbursement, subject to the condition that the quantum of monetary ceiling and time limit of tax reimbursement shall not exceed those available for a medium and large scale unit.
(g) Micro, Small, Medium and Large units means investment in plant and machinery upto Rs.25 lakhs, Rs.5 crore, Rs.10 crore and above Rs.10 crore respectively or as prescribed or modified by the Government of India from time to time and applicable at the relevant time in individual cases.
(h) Fixed capital investment means and includes investment in plant and machinery and land and building connected directly with manufacturing process and in case of hotels/resorts above 2 Star category and river cruise, it shall mean and include investment in plant and machinery, land and building directly connected with hotel premises or investment made in river cruise of capital nature.
Explanation 1. - The investment in land shall mean the cost of land (used only for factory building) derived from the registration value of land or the actual cost of the land, whichever is lower, While the proportionate stamp duty and registration fees shall form the part of the cost of land, the cost of development of land shall not form the part of the cost of land.
Explanation 2. - In case of hotels/resorts above 2 Star category, the Investment in land shall mean the cost of land (used only for hotel/resort building excluding vacant land) derived from the registration value of land or the actual cost of the land, whichever is lower, While the proportionate stamp duty and registration fees shall form the part of the cost of land, the cost of development of land shall not form the part of the cost of land.
Further, the expression plant and machinery, for the purpose of hotels/resorts above 2 Star category arid river cruise, shall mean such plant and machinery as notified vide Government Notification No. FTX. 47/2013/Pt/2 dated 23rd March, 2015, published in the Assam Gazette, Extraordinary No. 68 dated 24th March, 2015, shown in the Schedule annexed to this Scheme.
(2) To avail the benefit of this Reimbursement Scheme, eligible unit shall first utilize input tax credit of State tax (SGST) and then Integrated tax (IGST) for discharge of State tax liability and balance of liability, if any, shall be paid in cash and where this Condition is not fulfilled, the Assistant Commissioner of State tax or the Superintendent of State tax, as the case may be, who examines and forwards the fax reimbursement proposal, shall reduce the amount of reimbursement payable to the extent the amount of credit of State tax (SGST) and integrated tax (IGST) are not utilized for payment of tax.
### 5. Limitation and conditions of earlier schemes and policies to apply.
(1) Notwithstanding the rescinding of the earlier schemes, the eligibility criteria, limitations, conditions, scale of tax exemption and prohibitions and restrictions under the relevant Industrial Policy and under the earlier schemes issued fry Finance (Taxation) Department as they existed immediately before 1st July, 2017 would continue to be applicable to the Reimbursement Scheme except to the extent Expressly been modified by this Scheme.
(2) The benefit of this Reimbursement Scheme shall not be available to a unit which undertakes modernization or diversification and commences its commercial production during the period from 1st July, 2017 to 31st December, 2022.
(3) Notwithstanding anything contained in this Scheme, unite, engaged in manufacture of following categories of goods shall not be eligible For tax reimbursement under it:-
(i) All goods falling under Chapter 24 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) which pertains to tobacco and manufactured tobacco substitutes.
(ii) Pan Masala as covered under Chapter 21 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986),
(iii) Plastic carry bags of less than 20 microns as specified by Ministry of Environment and Forests Notification No. S.O. 705(E) dated 02.9.1999 and SO 698(E) dated 17.06.2003,
(iv) Goods failing under Chapter 27 of the First Schedule to the Central Excise Tariff Act, 1985 (5 of 1986) produced by petroleum or gas refineries,
(v) In order to ensure genuine industrial activities, benefits under this scheme will not be admissible to goods in respect of which only peripheral activities like preservation for storage, cleaning operation, packing, re-packing, labelling or relabelling, sorting, alteration of retail sale price etc. takes place.
(vi) Coke,
(vii) Saw mill,
(viii) Tea industry,
(ix) Galvanization, corrugation of sheet or both,
(x) Marble and decorative stone cutting from slabs/sheets and polishing unit,
(xi) Paper cutting from roll paper,
(xii) Coal to washed coal, sized coal,
(xiii) Conversion of plain rod to tor rod,
(xiv) Refining and packaging mustard oil
(xv) Refining of engine oil,
(xvi) Purification and/or packaging of drinking water.
(xvii) Production of cooked food, sweet meats and namkins, if the investment in plant and machinery in a unit is less than rupees five crores, and
(xviii) Conversion of coal to coke:
Provided that the Finance (Taxation) Department, may, by an Order to be published in the Official Gazette, modify the above list.
### 6. Separate GST registration for a vailing reimbursement.
- An eligible unit entitled to reimbursement under this Scheme shall be considered as a different business vertical and shall take separate registration under the Assam Goods and Services Tax Act, 2017 to ensure maintaining of proper records of the total amount of tax incentive originally available to an existing eligible unit under earlier scheme, amount of incentive already availed by it and balance/un-availed amount of incentive, the total period for which tax incentive was available as per earlier scheme, utilized period of incentive and balance un-expired period of incentive, the total amount of State tax reimbursable to a new eligible unit, the amount of State tax reimbursed under this Scheme with the specified proportion of such reimbursement for every month and for every financial year on consolidated basis.
### 7. Particulars of Certificate of Entitlement on the invoice and addition of suffix 'EX' invoice number.
(1) The holder of the Certificate of Entitlement of an eligible unit under the Reimbursement Scheme shall clearly mention the number and date of his Certificate of Entitlement in addition to his GSTIN in every invoice issued to the recipient.
(2) Every invoice issued try such holder of Certificate of Entitlement under the Reimbursement Scheme shall also invariably bear in bold letter "EX" as a suffix at the end of invoice number Which shall be deemed to be an integral part of the Invoice number for the purpose of uploading the same on GSTN common portal.
### 8. Blocked input tax credit on inter-state supplies.
- A registered supplier other than a unit availing tax reimbursement under this Scheme, who supplies goods in the course of inter-State trade or commerce taxable under the integrated Goods and Services Tax Act, 2017 (Act No.13 of 2017), shall not be entitled to avail the input tax credit on inward supply of goods for utilising the Same for payment of IGST I if the goods so supplied by him are manufactured by a unit eligible under the Reimbursement Scheme and the proportionate amount of input tax credit, if any, would lapse. Such registered supplier supplying goods manufactured by an eligible unit shall maintain legible records of Intra-State supplies and inter-State supplies of such goods.
### 9. Eligible unit furnishing of one time information.
(1) The existing eligible unit holding the Eligibility Certificate and the Certificate of Entitlement issued under the earlier schemes i.e. the Assam Industries (Tax Exemption) Scheme, 2009 or the Assam Industries (Tax Exemption) Scheme, 2015 or special notifications, as the case may be, on the date of commencement of the Reimbursement Scheme, while applying for tax reimbursement for the first time under this Scheme, shall furnish information in the format annexed at Annexure 1 together with the following documents:
(a) the copy of Eligibility Certificate issued by the Department of industries;
(b) the copy of Certificate of Entitlement issued by the Tax Department;
(c) An affidavit-cum- indemnity bond, in the format annexed at Annexure 2
(2) An eligible new unit or expansion unit shall also furnish such affidavit cum-indemnity bond,
### 10. Eligible new unit or expansion unit procedure for grant of Eligibility Certificate and Certificate of Entitlement.
(1) An eligible new unit or expansion unit shall make an application in the formal annexed at Annexure-3 and Apnexure 4, respectively under the Reimbursement Scheme for issuance of Eligibility Certificate to the specified authority, within one year of the commencement of commercial production:
Provided that on application by an eligible unit including an existing unit, the Finances (Taxation) Department may condone the delay in filing such application on sufficient grounds.
(2) In case of Micro and Small units, the application for Eligibility Certificate shall be made to the concerned District Industries and Commerce Centre (DICC), In case of Medium and Large scale units, the application for eligibility certificate shall the made to the Assam Industrial Development Corporation Ltd. (AIDC).
(3) The Eligibility Certificate shall be granted to the eligible new unit or expansion unit in the format annexed at Annexure-5 and Anuexure 6 respectively, by the competent authority
(4) The application for the grant of Certificate of Entitlement by an eligible new unit or expansion unit, holding an Eligibility Certificate granted under the Reimbursement Scheme, shall be submitted in the format annexed at Annexure 7 to the Commissioner of State tax in case of small/medium/large unit and to the concerned Assistant Commissioner of State tax/Superintendent of State tax in case of a micro unit within ninety days of the receipt of Eligibility Certificate unless there was sufficient cause which prevented the unit from filing the application will tin such time.
(5) The, Commissioner of State tax or the concerned Assistant Commissioner of State tax/Superintendent of State tax, as the case may be, shall grant a Certificate of Entitlement to the eligible new unit or expansion unit or expansion unit in the format annexed at Annexing 8 ordinarily within 30 days from the date of the receipt of the application from such unit.
(6) For all other procedural matters relating to verification and signing by the applicant in the application form for Eligibility Certificate and Certificate of Entitlement, verification and examination of such application Form and conducting inquiry by the authorities of Industry Department and tax Department, the procedure laid down in the Assam Industries (Tax Exemption) Scheme, 2015, notwithstanding the repeal of such scheme, shall apply mutatis-mutandis.
### 11. Application for tax reimbursement.
(1) The eligible unit holding a Certificate of Entitlement shall file an application in the format annexed at Annexure-9 for reimbursement of the State tax (SGST) paid in cash, other than the amount of tax paid by utilization of input tax credit, to the jurisdictional Assistant Commissioner of State tax or the Superintendent of State tax, as the case may be, the due date for filing such application shall be thirty days of the due date of payment of tax under the Assam Goods and Services Act, 2017 if such tax is paid within the due date or thirty days of the payment if such payment is made after due date, relating to the month to which the claim relates:
Provided that, if the applicant unit is prevented by sufficient cause from filing tire application for reimbursement of the State tax within aforesaid period of thirty days, the unit may furnish such application within a further period of thirty days along with the application for succeeding month:
Provided further that in respect of periods after coming of the Assam Goods and Services Tax Act into Force but prior to the date of notification of the Reimbursement Scheme, the applications for reimbursement for the first time shall be filed separately for each month within sixty days of such date of notification:
Provided also that the Commissioner of State tax may extend such period by a further period of one hundred twenty days on application by the concerned unit.
(2) The Commissioner of State tax may, by an Order, provide for online furnishing of the application for reimbursement of the State tax through a portal as may be specified in such order.
(3) The application for tax reimbursement shall be made by the eligible unit only after the payment of State tax (SGST) has been made for the month to which the claim relates, in cash after utilization of input tax credit, if any and after filing the relevant return,
(4) A unit which has not been issued the Eligibility Certificate and the Certificate of Entitlement, shall not be eligible to apply for tax reimbursement under tills Scheme till issuance of Such Certificates:
Provided that an eligible unit, which has nor been granted Eligibility Certificate and the Certificate of Entitlement within a period of 12 (twelve) months of making application for issuance of such Certificate, may thereafter make an application to the Commissioner of State tax for allowing it to claim reimbursement of State tax (SGST) provisionally subject to payment of SGST and furnishing of return, if such unit Furnishes a bank guarantee equivalent to the amount of tax reimbursement claimed, For the period during which its application for Eligibility Certificate has remained pending for disposal. Such bank guarantee must remain valid till the issuance of Eligibility Certificate and Certificate of Entitlement. If for any reason, the Eligibility Certificate is not granted to the unit on rejection of the application for Eligibility Certificate, the amount of tax reimbursed shall be recovered as if it is a tax payable under this Act along with a simple interest @18% per annum thereon from the date of reimbursement till the date of payment. Otherwise, on gram of the Eligibility Certificate and Certificate of Entitlement, the provisional reimbursement shall be deemed to have become final and the concerned Assistant Commissioner of State tax or the Superintendent of State tax shall release the Bank guarantee furbished by the eligible unit at the time of grant of provisional reimbursement, after following the procedure laid down for tax reimbursement in para 12.
### 12. Manner of reimbursement.
(1) The jurisdictional Assistant Commissioner of State tax or the Superintendent of State tax, as the case may be, shall scrutinize the entitlement to the claim of tax reimbursement and shall verify such claim with reference to return submitted by the unit, electronic cash ledger and challans of payment of State tax on GSTN common portal, monetary ceiling and whether the bank account derails given in the application for tax Reimbursement match with the bank details Furnished by the unit on the GST portal. On being satisfied in all respect, the jurisdictional Assistant Commissioner of State tax or the Superintendent of State tax, as the case may be, shall, within 7 days of the receipt of the application for reimbursement of tax, send the records of the case along with his recommendations to the Zonal Deputy Commissioner of State tax with his specific recommendations. While forwarding the proposal to the Zonal Deputy Commissioner of State tax, file jurisdictional Assistant Commissioner of State tax or the Superintendent of State tax, as the case may be, shall, specifically mention the following, among other things:
(a) total quantum of monetary ceiling granted to the unit,
(b) cumulative tax incentive already availed (during VAT period)
(c) cumulative tax reimbursement (during GST regime) already availed upto the end of the previous month before filing the claim for reimbursement under consideration,
(d) Balance amount for which reimbursement is available against the claim for reimbursement under consideration [(d) (a) - (b) (c)]
(e) The amount of reimbursement claimed by the unit Which is under consideration,
(f) Balance amount available against future reimbursement [(f) = (d) -(e)], and
(g) Full period of eligibility : .................... years (from ..................... to .............................).
(2) The Deputy Commissioner of State tax shall examine thoroughly the reimbursement proposal and on being satisfied, forward the same to the Commissioner of State tax with his specific recommendations Within 7 days of the receipt of the tax reimbursement proposal by him.
(3) (a)
Where the amount of tax to be reimbursed to an eligible unit does not exceed fifty lakh rupees for the month, all such tax reimbursement proposals received from the Zonal Deputy Commissioner of State tax by the Office of the Commissioner of State tax during a period shall be placed before a Tax Reimbursement Committee consisting of the Commissioner of State tax (Chairperson) , Additional/Joint Commissioner of State tax, Additional/Joint Commissioner of State tax (Member-Secretary) and a representative of the Commissioner of Industries, Assam, which shall be notified by the Commissioner of State tax.
(b) Where the amount of tax to be reimbursed to an eligible unit exceeds fifty lakh rupees for the month, all such tax reimbursement proposals received from the Zonal Deputy Commissioner of State tax by the Office of the Commissioner of State tax during a period shall be placed before a State Level Tax Reimbursement Committee consisting of the Additional Chief Secretary/Principal Secretary, Finance (Chairperson), Commissioner of State tax, Additional/Joint Commissioner of State tax (Member Secretary), Additional/joint Commissioner of State tax and a representative of the Commissioner of industries, Assam, Which shall be notified by the Finance (Taxation) Department.
(4) Every month, the Tax Reimbursement Committee or State Level Tax Reimbursement Committee, as the case may be, shall examine the reimbursement proposals placed before it and on being satisfied, shall make recommendations for sanctioning the reimbursements.
(5) Based on the recommendations of the Tax Reimbursement Committee or State Level Tax Reimbursement Committee, the Commissioner of State tax, within 15 days of such recommendations, shall pass an order sanctioning the tax reimbursement and shall issue refund advice in the formal annexed at Annexure-10 directly to the Cyber Treasury, Dispur with an intimation to the Office of the jurisdictional Assistant Commissioner of State tax or Superintendent of State tax and to the concerned eligible unit(s) and such refund advice may also be issued electronically to the Treasury. The Commissioner of State tax may issue a single consolidated sanction order covering number of eligible units for a particular period.
(6) The tax reimbursement shall be made from the concerned head of account "2040-00-001 4844 301 (i.e, major head : "2040-Taxes on sales, trade, etc,, sub-major head : "00", minor head "001", sub-head : "4844 Reimbursement of Assam State GST", and sub-sub head : "301 Reimbursement of Assam State GST under Assam Industrial Exemption Scheme").
(7) On the basis of such refund advice, the Treasury Officer shall invariably within three working days of the receipt of refund advice, transfer electronically the sanctioned amount of tax reimbursement directly to the bank accounts of the eligible units, indicated in the refund advice,
(8) The Treasury Officer shall, on receipt of the scroll from the bank or otherwise, forthwith send a payment advice list to the Commissioner of State tax.
(9) Reimbursement amount under this Scheme shall be worked out on monthly basis for which claims shall be filed on a monthly basis.
(10) The jurisdictional Assistant Commissioner of State tax or Superintendent of State tax of every unit office shall maintain detail records of the tax Reimbursement granted to each unit and submit a monthly statement to the Commissioner of State tax giving the details of tax reimbursement sanctioned by him.
(11) The Commissioner of State tax or the Assistant Commissioner of State tax or the Superintendent of State tax, as the case may be, may call for additional information (inclusive but not limited to past data on trends of production and removal of goods) to verify the correctness of various factors of production such as consumption of principal inputs, consumption of electricity, capacity utilization and decide on the basis of the same, if the quantum of supply have been correctly declared.
(12) Notwithstanding anything contained in this para, the Finance (Taxation) Department, may, by an order, simplify the procedure of tax reimbursement to ensure that the tax reimbursement is made within a reasonable time frame.
### 13. Audit assessment and special audit.
(1) The Commissioner of State tax shall, after sanctioning the reimbursement, allot the eligible units for audit assessment selected based on the risk parameters to the proper officer, as deemed fit, in order to verify actual production, supply, input tax credit claimed, payment of State tax (SGST) and correctness of the tax reimbursement defined;
(2) The Commissioner of State tax may, after sanctioning the reimbursement, also order for special audit by the Chartered Accountant for units selected based on the risk parameters identified by him in order to verify correctness of actual production, supply and valuation thereof, input tax credit claimed, State tax paid and tax reimbursement claimed.
### 14. Budgetary provision and placing adequate fund at the disposal of Commissioner of State tax.
(1) Every year, the Finance Department shall keep a budgetary allocation of an amount which is equivalent to one hundred and fifteen percent of the amount of tax remitted/reimbursed during the previous financial year. Such budgetary allocation shall be placed at the disposal of the Commissioner of State tax. In case such budgetary provision falls short, further amount shall be allocated through supplementary demand.
### 15. Repayment by claimant/recovery and dispute resolution.
(1) The reimbursement of tax allowed is subject to the conditions specified under the Reimbursement Scheme and in case of contravention of any provision of this Scheme, the reimbursement shall be deemed to have never been allowed and any inadmissible amount reimbursed for any period under this Scheme shall be recovered along with a simple interest @18% per annum thereon. In case of recovery or voluntary adjustment of excess payment, repayment, recovery or return, interest shall also be paid by unit at the rate of 18% per annum calculated from the date of reimbursement till the date of repayment, recovery or return.
(2) Where any amount under the Reimbursement Scheme is availed by wrong declaration of particulars regarding meeting the eligibility conditions in this Scheme or as specified under respective exemption notification issued by the Finance (Taxation) Department, necessary action shall be initiated and concluded in the individual case by the jurisdictional Assistant Commissioner of State tax or Superintendent of State tax, as the case may be.
### 16. Procedure for recovery.
(1) Where any amount is recoverable from a unit, the jurisdictional Assistant Commissioner of State tax or Superintendent of State tax, as the case it may be, shall issue a demand note to the unit (i) intimating the amount recoverable from the unit and the date from which interest thereon is due and (ii) directing the eligible unit to deposit the full sum within 30 days of the issue of the demand note in the appropriate head of account ami submit proof of deposit.
(2) Where the amount is not paid by the beneficiary unit within the time specified as above, action for recovery shall be taken in terms of the affidavit -cum-indemnity bond submitted by the applicant at the time of submission of the application, in addition to other modes of recovery.
(3) Where any amount of tax reimbursement and/or Interest remains due from the unit, based on the demand note, as mentioned above, the Assistant Commissioner of State tax or the Superintendent of State tax, as the case may be, shall, after the lapse of 6 days from the date of issue of the said demand note take required legal action and send a certificate specifying the amount due from the unit to the concerned Deputy Commissioner of the district to recover that amount, as if it were arrears of laud revenue.
### 17. Termination of Eligibility Certificate as well as the Certificate of Entitlement for violation of or noncompliance with any of the conditions laid down in the Scheme.
(1) In the matter of termination of Eligibility Certificate and Certificate of Entitlement for violation of any condition of the eligibility or for furnishing of false information or obtaining of such Certificates by fraud or misrepresentation or suppression of facts etc. the provision laid down in para 10 of the Assam Industries (Tax Exemption) Scheme, 2015, notwithstanding the repeal of such scheme; shall apply mutatis mutandis.
(2) If a unit to which a Certificate of Entitlement has been granted under the Reimbursement Scheme doses down or reaches the monetary ceiling of exemption, the unit shall report in writing within 14 days front the date of such eventuality to the jurisdictional Assistant Commissioner of State tax Superintendent of State tax and the authority which had issued the eligibility Certificate to it. Simultaneously alongwith this report, it shall also surrender the original Eligibility Certificate to the Authority which had issued the same and it shall also surrender the Certificate of Entitlement to the concerned Assistant Commissioner of State tax /Superintendent of State tax. For any lapse or violation on the part of the unit, it shall be liable for all penal actions under the provisions of the Assam Goods and Services Tax Act, 2017 and other laws in force.
(3) Any unit which is found on investigation to Over state its production or supply or make any mis-declaration to claim reimbursement shall be made ineligible for the residual period and be liable to recovery of excess reimbursement paid. Activity relating to concealment of input tax credit, purchase of inputs from unregistered suppliers (unless specifically exempt from GST registration) or routing of third party production or other activities aimed at enhancing the amount of reimbursement by mis-declaration would be treated as fraudulent activity and, without prejudice to any other action under law may invite denial of benefit under the Reimbursement Scheme ab-initio.
### 18. Saving clause.
(1) Notwithstanding anything contained in this Scheme, all proceedings relating to the issuance of Eligibility Certificate and Certificate of Entitlement and any Other proceeding under the earlier schemes in respect of any period before the date of commencement of the Reimbursement Scheme may be taken or continued as if this Scheme has not been passed.
(2) Upon cessation of this Scheme, the unpaid claims shah be settled in accordance with the provisions of the Scheme while the recovery and dispute resolution mechanisms shall continue to be in force.
### 19. Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of die Reimbursement Scheme, the Commissioner of State tax may, by an order, make such provisions, as appear to it to be necessary or expedient for removing the difficulty.
(2) In order to ensure smooth implementation of this Scheme, the Commissioner of State tax may, with the approval of the Finance (Taxation) Department, by an Order, published in the Official Gazette, prescribe additional Format/annexure and the time and manner of furnishing the same to the specified authority or modify the existing Format/Annexure.
(3) In the matter of interpretation of the Reimbursement Scheme, the decision of the Government in the Finance (Taxation) Department shall be final and binding,
Schedule
----------
[list of plant and machinery for hotels/resorts above 2 Star category and river cruise]
[Para 4]
Plant and Machinery such as
### 1. Air conditioning plant and air conditioning unit. ###
2. Hot water plant
### 3. Water treatment plant ###
4. Generator set
### 5. Lift/Elevator/Escalator ###
6. Laundry Equipment (other than Household Type)
### 7. Dish washing plant ###
8. Glass washing plant
### 9. Kitchen equipments excluding crockery, cutlery and utensils ###
10. Exhaust system
### 11. Water purification plant ###
12. Sewage treatment plant
### 13. Fire Fighting Equipment ###
14. Electric pump and motors
### 15. EPABX system ###
16. House keeping Equipment
### 17. Insect and Pest Killing Equipment/Machine ###
18. Health Club/Beauty Parlour/Barber Shop Equipment
### 19. Explosive Detection Machine ###
20.
Security Alarm System
### 21. C.C.T.V./Cable T.V. System with Accessories
### 22. Plant and Equipment for Water Sewage and Garbage Management
### 23. Any other plant and machinery that is critical and directly connected to hotel Industry.
Annexure-1
Information/ Particulars to he furnished for the first time [Existing Unit]
[Para 9]
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| --- | --- | --- |
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1
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Name of the existing eligible unit
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:
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2
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Office address with telephone no. (if any)
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:
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3
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Factory address with telephone no. (if any)
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:
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4
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Constitution of the unit
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:
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(please specify whether
Proprietorial/Partnership/Private Limited/Limited
Company/Co-operative Society)
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:
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5
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Name (s) of the
Proprietor/Partners/directors/Authorized signatory
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:
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6
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Details of Registration of the Unit
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:
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(a) SSI Registrations)
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:
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I. Provisional Registration No.
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:
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II. Permanent Registration No.
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:
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(b) Large and Medium
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:
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7
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Registration No. under the Assam GST Act, 2017
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:
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8
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Registration No, under die Assam VAT Act, 2003
with details of jurisdictionalunit office
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:
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9
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Date of commencement of commercial
production/operation
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:
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10
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Name(s) of raw materials
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:
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11
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Name(s) of finished product (s)
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:
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12
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Name of industrial Policy under which the unit
is eligible
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:
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13
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Eligibility Certificate No(s) . and date
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:
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14
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Certificate of Entitlement No. and date
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:
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15
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Total amount of exemption available as per EC
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:
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16
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Amount of exemption already a vailed upto
30/06/2017
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:
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17
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Balance amount for which reimbursement is
available from 01/07/2017,subject to time limit, whichever is
earlier
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:
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18
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Period during which exemption is available as
per EC
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:
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19
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Period during which exemption has already been
availed
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:
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20
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Balance period for which reimbursement is
available subject to monetaryceiling, whichever is earlier
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:
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| | | | | |
| --- | --- | --- | --- | --- |
|
Periods of exemption
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Amount of exemption
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Amount availed year-wise
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Balance amount
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Balance period
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From
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To
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Financial year
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Amount
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% of remission
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From
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To
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Note. - Fill up the details given in the table. If the unit is eligible to avail two incentives under two different certificates of entitlement, separate table shall be furnished.
| | | |
| --- | --- | --- |
|
21
|
Bank details (as furnished to the GST portal)
|
|
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Bank Account No.
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:
|
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Name of the Bank
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:
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Name of the Account holder
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:
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Address of the bank branch
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:
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IFSC Code
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:
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MICR
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:
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Declaration
I/We hereby solemnly declare that the information furnished in this Annexure for claiming the reimbursement of tax are correct and true to the best of my/our knowledge and belief.
| | |
| --- | --- |
|
Date:
..................................
|
Signatures of theproprietor/partner/director/authorised signatory
|
|
Place:
..................................
|
Name .................................Status .........................
|
Annexure-2
Affidavit-Cum-Indemnify Bund
[Para 9]
I/ We, Shri ....................... S/O ................. (add names) in my/our capacity of .................. (designation) of .................. (Company/Unit Name) (hereinafter called the Indemnifier), hereby solemnly affirm and declare for and on behalf of .................. (company/unit name) that our unit is eligible for tax reimbursement under the Assam Industries (Tax Reimbursement For Eligible Units) Scheme, 2017 and supplying goods/services on payment of GST under the Assam Goods and Services Tax Act, 2017 and our claim will not include any other activity being carried out under the same GSTIN and I/we will not claim any tax reimbursement in respect of goods not covered by the Eligibility Certificate issued under the relevant earlier Schemes/notifications.
I/We further affirm and declare that I/we will claim reimbursement of State tax paid through debit in the cash ledger account after utilization of the input tax credit of the State tax and Integrated tax available until the amount of such tax reimbursement exceeds the un-availed quantum of monetary ceiling or till the expiry of residual period of eligibility, whichever is earlier.
I/We further affirm and declare that reimbursement of any amount of tax which is not due as per the conditions of the Tax Reimbursement Scheme shall not, be claimed by our unit and where any mis-declaration is detected, the amount paid by the Government shall be paid back by me/us with interest as per rate prescribed in the Assam Goods and Services Tax Act, 2017.
I/We solemnly affirm and declare that whatever is stated above is tine to the best of my/our knowledge and record. I/We further undertake to keep the Government of Assam harmless and indemnified against and all form of revenue loss which may occur (might have occurred) due to the above submission made by me/us and pay to the Government such amount on demand and without demur.
| | |
| --- | --- |
|
Date:Place
|
Name:Signature:DesignationAddress:
|
Note. - 1. This indemnity bond should be submitted on Rs.150 Stamp Paper.
### 2. The bond is required to notarised. ###
3. Proprietors/Partners/Directors/Authorised Signatory has to sign the bond along with their name and residential address. In case the bond is signed by authorized signatory, copy of power of attorney in favour of authorized signatory needs to be enclosed.
Annexure 3
Application form for Grant of Eligibility Certificate
[New Unit]
[Para 10]
### 1. (a) Name of the Unit (b)
Office address with telephone No. (if any)
(c) Factory address with telephone No. (if any)
(d) GSTIN
### 2. (a) Constitution of the unit (please specify whether Proprietorial/Partnership/Private Limited Company/Public Limited Company/Cooperative Society). (b)
Name(s) , permanent address(es) and present address(es) of the proprietor/partners/directors of the Board of Directors/Secretary and President of the Co-operative Society/Trustee with the mention of their permanent Account Number (PAN), if any, given by the income tax authority.
(c) Date of Registration under the Companies Act/or the concerned Act (The Act should be clearly stated)
(d) Address of Registered Office of the company.
### 3. Details of Registration of the Unit (a) Micro/SSI Registration
I. Provisional Registration No.
II. Permanent Registration No,
(b) Large and Medium Number and date of Industrial Licence/Letter of Intent/Industrial Entrepreneurs Memorandum.
### 4. Whether the Project Report has been prepared and if so, (a) Name of the Consultant.
(b) Amount paid as Consultancy fees.
### 5. Details of the Land and Buildings of the unit: A. Details of land,
I. Please specify, whether the land is own/leased hold/allotted by the Government Agencies.
II. If own land:
(a) Specify the mode of owning such as by way of inheritance, gift or purchase, etc.
(b) Total area
(c) Location.
(d) Dag Number and Patta Number, Revenue Village and Mauza:
(e) Date of purchase of the land with value and the date of taking possession of the land.
III. If held under lease :
(a) Name and address of the owner of the land.
(b) Total area of the land.
(c) Dag Number and Patta Number, Revenue Village and Mauza.
(d) Date of agreement of lease.
(e) Date of registration of the lease and amount paid for the lease agreement.
(f) Lease Deed of the agreement period as per the registered deed of the agreement.
IV. If the land allotted by the Government/Government agencies:
(a) Name of the agency.
(b) Date of agreement.
(c) Annual rent/premium payable.
(d) Total area allotted and its location.
B. Details of building :
I. Whether the factory building has been constructed, if so:
(a) Date of starting and completion of the civil works.
(b) Total area under construction.
II. If factory shed has been allotted by the Government agencies:
(a) Name of the agency.
(b) Total covered area and open area allotted.
(c) Animal rent fixed for the premises including the shed and the open space.
(d) Date of agreement.
(e) Total floor area.
III. If the premises have been rented from private parties:
(a) Name and address of the owner of the premises,
(b) Total floor area with the location of the premises.
(c) Date of the agreement in respect of rent.
(d) Annual rent for the premises.
### 6. Fixed Capital Investment. (a) Land
(b) Site development
(c) Building:
(i) Office building
(ii) Factory's building
(d) Plant and Machinery
(e) Accessories
(f) Installation and electrification
(g) Other fixed assets
(h) Preliminary and preoperative expenses Total
### 7. Means of finance : (a) Equity Capital:
(b) Margin Money:
(c) Share Capital from the Government:
(d) Any other sources :
(e) Borrowing:
Total:
### 8. Financial Assistants received : (a) Name(s) of the financial institutions(s):
(b) Amount Sanctioned :
I. Term Loan
(i) Date of Sanction :
(ii) Amount Sanctioned :
(iii) Amount disbursed till date :
(iv) Name of the Institution(s):
II. Working capital
(i) Date of sanction :
(ii) Amount sanctioned :
(iii) Amount disbursed till date :
(iv) Name of the Institution(s):
### 9. Power, etc. (a) Actual Power requirement:
(d) Date of sanction of power and quantum :
(c) Date of approval of Test report:
(d) Connected load and Date of connection :
(e) Meter allotted and its number :
(f) First bill and money receipt No. and date :
(g) Average power requirement (in Kwh):
### 10. Date of commencement of production/operation. ###
11. Details of the introduction of the unit (in case of manufacturing unit):
| | | | | |
| --- | --- | --- | --- | --- |
|
SI. No.
|
Name(s) of the product(s)
|
Annual Installed capacity
|
Actual Production during the last year or from
the date of going into commercial production to the date of
submission of the application
|
Remarks
|
|
Quantity
|
Value in rupees
|
Quantity
|
Value in rupees
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
1
|
|
|
|
|
|
|
|
2
|
|
|
|
|
|
|
|
3
|
|
|
|
|
|
|
### 12. Raw Materials (in case of manufacturing unit): (a) Details of Raw materials utilized by the unit:
| | | | | |
| --- | --- | --- | --- | --- |
|
SI. No.
|
Name(s) of the raw materials
|
Annual requirement
|
Utilisation during the last year or from the
date of going into commercial production to the date of
submission of the application
|
Remarks
|
|
Quantity
|
Value in rupees
|
Quantity
|
Value in rupees
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
1
|
|
|
|
|
|
|
|
2
|
|
|
|
|
|
|
|
3
|
|
|
|
|
|
|
(b) Source(s) of Raw materials utilised by the unit:
| | | | |
| --- | --- | --- | --- |
|
SI. No.
|
Name of the raw material(s) |
Whether the source of supply is within
Assam/outside Assam
|
Name and address of the supplier of raw
materials, private! Government organization/Public Sector
Undertakings
|
|
1
|
2
|
3
|
4
|
|
|
|
|
|
### 13. Supply of finished produce(s) . | | | | |
| --- | --- | --- | --- |
|
SI. No.
|
Name(s) of the product(s)
|
Product(s) supplied during the last year or
from the date of going into commercial production to the date of
submission of the application
|
Remarks
|
|
|
|
Within the State of Assam
|
|
|
|
|
Quantity
|
Value in rupees
|
|
|
1
|
2
|
3
|
4
|
5
|
|
1
2
3
|
|
|
|
|
### 14. Employment position in the Unit. | | | | | |
| --- | --- | --- | --- | --- |
|
SI. No.
|
Category
|
No, of employees, who are
|
Total
|
Remarks
|
|
People of Assam
|
People not belonging to Assam
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
1
|
Managerial
|
|
|
|
|
|
2
|
Supervisory
|
|
|
|
|
|
3
|
Skilled
|
|
|
|
|
|
4
|
Semi-skilled
|
|
|
|
|
|
5
|
Others
|
|
|
|
|
|
Total:
|
### 15. Eligibility Certificate applied for the tax reimbursement. | | | |
| --- | --- | --- |
|
SI. No.
|
Name of the tax incentives/ reimbursement
applied for
|
Period of applicability
|
|
1
|
2
|
3
|
|
1
|
|
|
|
2
|
|
|
|
3
|
|
|
### 16. Declaration. I/we hereby solemnly declare that the information furnished in this application for the grant of Eligibility Certificate claiming the tax reimbursement under the Assam Industries (Tax Reimbursement for Eligible Units) Scheme, 2017 are correct and true to the best of my/our knowledge and belief.
Signature of the applicant(s) Status in relation to the unitSeal
Place:Date:
Certified/attested photocopies of the documents to be submitted along with the Application for Eligibility Certificate
### 1. Constitution of the unit. (a) In case of partnership unit, registered deed of partnership with general power of attorney.
(b) In case of private limited/public limited company :
(i) Registration certificate under the Companies Act:
(ii) Memorandum and articles of associations :
(iii) List of Board of directors :
(c) In case of co-operative society.
(i) Resolution of the General Body for registration of the unit under SSI, if any :
(ii) Registration certificate:
(iii) Memorandum of articles of association :
### 2. Registration certificate from the District Industries Centre (provisional and permanent) and LI/IL/IEM, etc., if any. ###
3. Land and building :
(a) In case of Government laud allotted by Government : Allotment letter, Trace map and receipt of the premium paid to the Government for the allotment.
(b) In case of lease hold land from a private owner : Lease Deed Agreement along with the general power of attorney and trace map.
(c) In case of own land :
(i) Purchase deed :
(ii) Upto-date non-incumbency certificate :
(iii) Jamabandi copy and trace map :
(d) In case of Government land allotted by any Government agency :
(i) Allotment letter and trace map :
(ii) Deed of agreement:
(e) In case of industrial shed allotment by any Government agency :
(i) Allotment letter :
(ii) Deed of agreement:
### 4. Sanction letter from the financial institution/bank for term .loan and working capital loan. ###
5. Power:
(i) Power sanction letter.
(ii) Estimate of cost prepared by the ASEB.
(iii) Test report.
(iv) First bill of ASEB.
(v) NOC for installation of generating set from the concerned authority.
### 6. List of plant and machinery including all bills/vouchers/money receipt. ###
7. Certificate from a Chartered Accountant for fixed capital investment.
### 8. (i) List of employees indicating category status, date of joining, monthly pay (based on daily attendance register of the unit on the date of application for the grant of eligibly certificate). (ii)
Employment certificate from the District Employment Officer.
### 9. (i) Project report of the unit. (ii)
Money receipt from the consultant for preparation of the project report.
### 10. First bill(s) money receipt(s) on the purchase of raw material(s). ###
11. Challan against the first sale of finished product(s) .
### 12. Source of own finance/equity with supporting documents. ###
13. Agreement with National Research and Development Corporation for providing technical know-how, etc.
### 14. No objection certificate from the local bodies/authority and trade licences, if any. ###
15. NOC from the Pollution Control Board of Assam.
### 16. Copy of registration certificate under the Assam Goods and Services Tax Act, 2017. ###
17. Upto date tax clearance certificate from the Proper Officer.
### 18. Latest income-tax clearance certificate in the name of the unit. ###
19. Eligibility certificate(s) issued, if any, to the unit before the present application with the name(s) of the scheme (s)
### 20. Any other documents sought for by the authority concerned. Certificate from the Registered Chartered Accountant
I/We hereby certify that M/s................(name of the unit) has made the following capital investment in their unit prior to going into commercial production on -
| | | |
| --- | --- | --- |
|
SI. No.
|
Item of fixed assets
|
Value in rupees
|
|
1
|
Cost of land including stamp and registration
fees, etc.
|
|
|
2
|
Cost of development of land including boundary
wall, approach road, if any (please specify).
|
|
|
3
|
(a) Cost of the building.
|
|
|
(b) Office building.
|
|
|
(c) Architect's fees.
|
|
|
4
|
Cost on plant and machinery.
|
|
|
5
|
Accessories.
|
|
|
6
|
Electrical installation.
|
|
|
7
|
Loading, unloading, transportation, duties,
erection expenses, etc.
|
|
|
8
|
Pre-operative and preliminary expenses to be
capitalized.
|
|
|
9
|
Miscellaneous fixed assets.
|
|
I/We have checked the books of account including all bills, vouchers, money receipts, invoices and certify that the aforesaid information are verified and are true. I/We also certify that all the aforesaid items have been duly paid for and no outstanding against those is there in the books of the unit.
| | |
| --- | --- |
|
Date:Place
|
Signature of the Chartered AccountantRegistration No.
|
Annexure 4
Application form for Grant of Eligibility Certificate
[Expansion Unit]
[Para 10]
### 1. (a) Name of the Unit (b)
Office address with telephone No. (if any)
(c) Factory address with telephone No. (if any)
(d) GSTIN
### 2. (a) Constitution of the unit (please specify whether proprietorial/ partnership/private limited company/public limited company/cooperative society), (b)
Name(s) , permanent address(es) and present address(es) of the Proprietor/partners/directors of the Board of directors/Secretary and President of the Co-operative Society/Trustee with the mention of their Permanent Account Number (PAN), if any, given by the income-tax authority.
(c) Date of Registration under the Companies Act/or the concerned Act (the Act should he clearly stated)
(d) Address of Registered Office of the company,
### 3. Details of Registration of the Unit (a) Micro/SSI Registration
(a) Provisional Registration No.
(b) Permanent Registration No.
(b) Large and Medium Number and date of Industrial Licence/Letter of Intent/Industrial Entrepreneurs Memorandum.
### 4. Whether the prior approval has been given by the implementing agency for substantial expansion? (a) If yes, the date of approval.
(b) Name of the consultant who had prepared the project report.
### 5. Whether the Project Report has been prepared and if so, (a) Name of the Consultant.
(b) Amount paid as Consultancy fees.
### 6. Details of the land and buildings of the unit. A. Details of land,
I. Please specify, whether the land is owned/leased hold/allotted by the Government agencies,
II. If own land:
(a) Specify the mode of owning such as by way of inheritance, gift or purchase, etc.
(b) Total area.
(c) Location.
(d) Dag No. and Patta Nov Revenue Village and Mauza.
(e) Date of purchase of the land with value and the date of taking possession of the land.
III. If held under lease :
(i) Name and address of the owner of the land.
(ii) Total area of the land.
(iii) Dag No. and Patta No., Revenue Village and Mauza.
(iv) Date of agreement of lease.
(v) Date of registration of the lease and amount paid for the lease agreement.
(vi) Lease Deed of the agreement period as per the registered
deed of the agreement.
IV. If the land allotted by the Government/Government Agencies :
(a) Name of the agency.
(b) Deed of agreement.
(c) Annual rent/premium payable.
(d) Total area allotted and its location.
### 7. B. Details of building: I. Whether the factory building has been constructed, If so:
Date of starting and completion of the civil works.
(a) Total area under construction.
II. If factory shed has been allotted by the Government agencies:
(a) Name of the agency.
(b) Total covered area and open area allotted.
(c) Annual rent fixed for the premises including the shed and open space.
(d) Date of agreement.
(e) Total floor area.
III. If the premises have been rented from private parties -
(a) Name and address of the owner of the premises.
(b) Total floor area with the location of the premises.
(c) Date of the agreement in respect of the rent.
(d) Annual rent for the premises.
### 8. Date of commencement of production - (a) Prior to completion of substantial expansion.
(b) After completion of substantial expansion.
### 9. Additional Fixed Capital Investment. | | | | | |
| --- | --- | --- | --- | --- |
|
SI. No.
|
Items(s) |
Prior to completion of substantial expansion
(gross value)
|
Additional investment made
|
Total investment after substantial expansion
|
|
1
|
2
|
3
|
4
|
5
|
(a) Land
(b) Site development
(c) Building
(i) Office Building
(ii) Factory Building
(d) Plant and machinery
(e) Accessories
(f) Installation and electrification
(g) Other fixed assets
Total:
### 10. Source of additional investment: (a) Promoter's contribution:
(b) Other sources:
(c) Financial assistance from the Financial Institutions/Banks:
Total:
### 11. Details of financial assistance received by the Unit from the Bank/ Financial Institution/Government Organization: | | | | | | |
| --- | --- | --- | --- | --- | --- |
|
SI. No.
|
Name of the Financial Institution/ Bank/
Government Organization
|
Nature of assistance like Term Loan/CC
Limit/Margin Money/Equity
|
Prior to substantial expansion
|
After substantial expansion
|
Remarks
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
|
|
|
|
|
|
### 12. Power | | | | | |
| --- | --- | --- | --- | --- |
|
SI. No.
|
ltem(s) |
Prior to substantial expansion (kwh) |
Additional (kwh) |
Total after substantial expansion (kwh) |
|
|
1
|
2
|
3
|
4
|
5
|
|
1
2
3
4
5
|
Sanction of power
Date of sanction with
letter
No.
Date of connection of
power
Connected load
|
|
|
|
### 13. Date of commencement of commercial production : (a) Prior to substantial expansion :
(b) After substantial expansion :
### 14. (a) Details of production : (i)
Prior to substantial expansion :
| | | | | |
| --- | --- | --- | --- | --- |
|
SI. No.
|
Name(s) of the product(s)
|
Annual installed capacity
|
Actual production during the year before
undergoing substantial expansion
|
Percentage of utilisation of installed
capacity
|
|
Quantity
|
Quantity
|
Value in rupees
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
1
2
3
4
|
|
|
|
|
|
(ii) After substantial expansion :
| | | | | |
| --- | --- | --- | --- | --- |
|
SI. No.
|
Name(s) of the product(s)
|
Annual installed capacity
|
Actual production during the last ordinal year of
commencement of production or from the date of going Into commercial
production after substantial expansion to the date of submission of
the application
|
Percentage of utilisation of installed
capacity
|
|
Quantity
|
Quantity
|
Value in rupees
|
|
1
|
2
|
3
|
4
|
5
|
6
|
|
1
2
|
|
|
|
|
|
(b) Total increase in production expressed in percentage, viz., total of (ii) minus yearly average total of (i) divided by latter and multiplied by 100.
### 15. Raw materials: (a) Details of raw materials utilized by the unit:
(i) Prior to substantial expansion:
(Please furnish information for last 3 ordinal years of commencement of production)
| | | | | |
| --- | --- | --- | --- | --- |
|
SI. No.
|
Name(s) of the raw materials
|
Actual annual requirement
|
Utilisation during the year
|
Remarks
|
|
Quantity
|
Value in rupees
|
Quantity
|
Value in rupees
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
1
2
3
|
|
|
|
|
|
|
(ii) After substantial expansion :
| | | | | |
| --- | --- | --- | --- | --- |
|
SI. No.
|
Name(s) of the raw materials
|
Actual annual requirement
|
Utilisation during the last ordinal year of
commencement of production or from the date of going into
commercial production after substantial expansion to the date of
submission of the application
|
Remarks
|
|
Quantity
|
Value in rupees
|
Quantity
|
Value in rupees
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
I
II
III
|
|
|
|
|
|
|
(b) Source(s) of raw materials utilised by the unit:
| | | | |
| --- | --- | --- | --- |
|
SI. No.
|
Name(s) of the raw material(s)
|
Whether the source of supply is within
Assam/outside Assam
|
Names and addresses of the suppliers of raw
materials, private!Government organization! public sector
undertaking
|
|
1
|
2
|
3
|
4
|
|
1
|
|
|
|
|
2
|
|
|
|
|
3
|
|
|
|
### 16. Sales of finished products(s) (a)
Prior to substantial expansion (Please furnish information for last 3 ordinal years of commencement of production)
| | | | |
| --- | --- | --- | --- |
|
SI. No.
|
Name(s) of the product(s)
|
Product(s) sold during the last ordinal year
|
Remarks
|
|
Within the State of Assam
|
Outside the State of Assam
|
|
Quantity
|
Value in rupees
|
Quantity
|
Value in rupees
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
1
2
3
|
|
|
|
|
|
|
(b) After substantial expansion.
| | | | |
| --- | --- | --- | --- |
|
SI. No.
|
Name(s) of the product(s)
|
Produces) sold during the last ordinal year of
commencement of production or from the date of going into commercial
production to the date of submission of the application
|
Remarks
|
|
Within the State of Assam
|
Outside the State of Assam
|
|
Quantity
|
Value in rupees
|
Quantity
|
Value in rupees
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
1
2
3
|
|
|
|
|
|
|
### 17. Employment Position in the unit | | | | | |
| --- | --- | --- | --- | --- |
|
SI. No.
|
Category
|
Prior to substantial expansion No. of
employees who are
|
After substantial expansion No. of employees
who are
|
Total
|
|
People of Assam
|
People not belonging to Assam
|
People of Assam
|
People not belonging to Assam
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
1. Managerial
2 . Supervisory
3. Skilled
4. Semi-skilled
5. Others
Total:
|
|
|
|
|
|
### 18. Eligibility Certificate applied for the incentives : | | | |
| --- | --- | --- |
|
SI. No.
|
Name of the incentive(s) applied for
|
Period of applicability
|
|
1
|
2
|
3
|
|
1
|
|
|
|
2
|
|
|
|
3
|
|
|
### 19. Declaration: I/we hereby solemnly declare that the information furnished in this application for the grant of Eligibility Certificate claiming the various incentives are correct and true to the best of my/our knowledge and belief.
| | |
| --- | --- |
|
Place:
|
|
|
Date:
|
Signature of the applicants
|
|
Seal:
|
Status in relation to the unit
|
Certified/attested photocopies of the documents to be submitted along with the Application for Eligibility Certificate
### 1. Constitution of the unit (a) In case of partnership unit, registered deed of partnership with general power of attorney,
(b) In case of private limited/public limited company :
(i) Registration certificate under the Companies Act:
(ii) Memorandum and articles of associations :
(iii) List of Board of directors :
(c) In case of co-operative society.
(i) Resolution of the General Body for registration of the unit, if any:
(ii) Registration certificate:
(iii) Memorandum of articles of association :
### 2. Registration certificate from the District Industries Centre (provisional and permanent) and LI/IL/IEM, etc., if any : ###
3. Land and building :
(a) In case of Government land allotted by Government : Allotment Letter, Trace map and receipt of the premium paid to the Government for the allotment.
(b) In case of lease hold land from a private owner : Lease Deed Agreement along with the general power of attorney and trace map.
(c) In case of own land :
(i) Purchase deed :
(ii) Upto-date non-incumbency certificate :
(iii) Jamabandi copy and trace map :
(d) In case of Government land allotted by any Government agency :
(i) Allotment letter and trace map :
(ii) Deed of agreement:
(e) In case of industrial shed allotment by any Government agency :
(i) Allotment letter:
(ii) Deed of agreement:
### 4. Sanction letter from the financial institution/bank for term loan and working capital loan: ###
5. Power:
(i) Power sanction letter,
(ii) Estimate of cost prepared by the ASEB.
(iii) Test report,
(iv) First bill of ASEB.
(v) NOC for installation of generating set from the concerned authority.
### 6. List of plant and machinery including all bills/vouchers/money receipt both prior to and after substantial expansion ###
7. Certificate from a chartered accountant for additional fixed capital investment.
### 8. (i) List of employees prior to and after substantial expansion indicating category, status, date of joining, monthly pay (based on daily attendance register of the unit on the date of application for the grant of eligibly certificate), (ii)
Employment certificate from the District Employment Officer.
### 9. (i) Project report of the unit. (ii)
Money receipt from the consultant for preparation of the project report.
### 10. First bill(s) money receipt(s) on the purchase of raw material(s). ###
11. Challan against the first sale of finished product(s) .
### 12. Source of own finance/equity with supporting documents. ###
13. Agreement with National Research and Development Corporation for providing technical know-how, etc.
### 14. No objection certificate from the local bodies/authority and trade licences, if any. ###
15. NOC/consent from the Pollution Control Board of Assam.
### 16. Balance sheet for the last accounting year preceding the date of completing substantial expansion. ###
17. Copy of registration certificate under the Assam Goods and Services Tax Act, 2017.
### 18. Latest income-tax clearance certificate in the name of the unit. ###
19. Upto date tax clearance certificate from the Prescribed Authority.
### 20. Eligibility certificate(s) issued, if any, to the unit before the present application with the name(s) of the scheme(s). ###
21. Any other documents sought for by the authority concerned.
Certificate from the Registered Chartered Accountant
I/We hereby certify that M/s......................... (name of the unit) has made the following additional fixed capital Investment in their unit at ................. (Location of the unit) prior to commencement of commercial production after substantial expansion on..........................
| | | | | |
| --- | --- | --- | --- | --- |
|
SI. No.
|
Item of additional fixed assets
|
Investment made prior to substantial expansion
(Value in rupees)
|
Additional investment made forsubstantial
expansion (Valuein rupees)
|
Total fixed capital investment aftersubstantial
expansion (Value in rupees)
|
### 1. Cost of land including the purchase value, registration, etc. ###
2. Cost of development of land including boundary wall, approach road, if any (please specify).
### 3. Cost of the building. (a) Factory building.
(b) Office building.
(c) Architect's fees.
### 4. Cost on plant and machinery. ###
5. Accessories.
### 6. Electrical installation. ###
7. Loading, un-loading, transportation, erection expenses, etc.
### 8. Pre-operative and preliminary expenses to be capitalized. ###
9. Miscellaneous fixed assets.
I/We have checked the books of account including all bills, vouchers, money receipts, invoices and certify that the aforesaid information are verified and are true. I/We also certify that all the aforesaid items have been duly paid for and no outstanding against those is there in the books of the unit.
| | |
| --- | --- |
|
Date:Place:
|
Signature of the Chartered Accountant
|
Annexure 5
Eligibility Certificate
(New Unit]
[Para 10]
| | |
| --- | --- |
|
No.
|
Date:
|
Certified that M/s.................bearing SSI/IEM/LI/IL registration No.................. and GSTIN ................. is granted Eligibility Certificate for claiming tax reimbursement under the Assam Industries (Tax Reimbursement for Eligible Units) Scheme, 2017.
Particulars of the Unit.
### 1. (a) Name of the Unit: (b)
Office address with telephone No.
(c) Factory address with telephone No.
(d) GSTIN,
### 2. (a) Constitution of the Unit. (b)
Name and address of the proprietor/partners/Board of Directors/ Secretary and President of the Co-operative Society/Trustee.
(c) Permanent Account No. (PAN) issued if any by the Income-tax Authority in respect of the Unit.
### 3. Date of commencement of commercial production/operation. ###
4. Eligible Fixed Capital Investment.
(a) Land.
(b) Building.
(c) Plant and machinery.
Total:
### 5. Name of the finished products (in case of manufacturing unit) | | |
| --- | --- |
|
Item(s) |
Annual installed capacity
|
|
(i) |
|
|
(ii) |
|
| | |
| --- | --- |
|
6. Name of the raw materials
|
Annual installed capacity
|
|
(i) |
|
|
(ii) |
|
### 7. (a) No. of employees, (b)
Percentage of people of Assam.
### 8. Date of approval of meeting. | | |
| --- | --- |
|
9. Eligibility Certificate issued for tax reimbursement
|
Period of validity
|
|
(i) |
|
|
(ii) |
|
| | |
| --- | --- |
|
Office seal
|
Signature of competent authority
|
|
Date:Place
|
|
|
|
Managing Director,Assam Industrial Development
Corporation Ltd./Director of Industries, Government of Assam/General Manager, District Industries Centre,Government of Assam.
|
Annexure 6
Eligibility Certificate
[Expansion Unit]
[Para 10]
| | |
| --- | --- |
|
No.
|
Date:
|
Certified that M/s. bearing SSI/IEM/LI/IL registration No. ........... and GSTTN ............... is granted Eligibility Certificate for claiming tax reimbursement under the Assam Industries (Tax Reimbursement for Eligible Units) Scheme, 2017.
Particulars of the Unit.
### 1. (a) Name of the Unit: (b)
Office address with telephone No.
(c) Factory address with telephone No.
(d) GSTIN.
### 2. (a) Constitution of the Unit, (b)
Name and address of the proprietor/partners/Board of Directors/ Secretary and President of the Co-operative Society/Trustee.
(c) Permanent Account No. (PAN) issued if any by the Income-tax Authority in respect of the Unit.
### 3. (a) Date of commencement of commercial production. (b)
Date of commercial production after substantial expansion.
### 4. Fixed Capital Investment: | | | | | |
| --- | --- | --- | --- | --- |
|
|
|
Prior to substantial expansion
|
Additional investment made
|
Total investment after substantial expansion
|
|
1
|
Land (used for factory building)
|
|
|
|
|
2
|
Building connected directly with manufacturing
process.
|
|
|
|
|
3
|
Plant and machinery.
|
|
|
|
|
|
|
|
|
|
|
|
Total
|
|
|
|
### 5. A. Name and capacity of the finished products. | | | |
| --- | --- | --- |
|
Item(s) |
Animal totalled capacity prior to substantial
expansion
|
Annual installed capacity after substantial
expansion
|
|
1
|
|
|
|
2
|
|
|
B. Name and quantity of finished products before and after expansion.
| | | |
| --- | --- | --- |
|
Item(s) |
Production prior to substantial expansion
(Quantity) |
Production after substantial expansion (Quantity) |
|
1
|
|
|
|
2
|
|
|
### 6. A. Name of the raw materials (annual requirement) | | | |
| --- | --- | --- |
|
Item(s) |
Annual requirement prior to substantial
expansion
|
Annual requirement after substantial expansion
(Quantity) |
|
1
|
|
|
|
2
|
|
|
B. Actual requirement of raw materials.
| | | |
| --- | --- | --- |
|
Item(s) |
Actual annual requirement prior to substantial
expansion (Quantity) |
Actual annual requirement after substantial
expansion (Quantity) |
|
1
|
|
|
|
2
|
|
|
### 7. (a) No. of employees prior to expansion. (b)
No. of employees after expansion.
(c) Percentage of people of Assam.
### 8. Date of approval of the proposal for granting Eligibility Certificate ###
9. Eligibility Certificate issued for the incentives
| | | |
| --- | --- | --- |
|
|
Incentive
|
Period of validity
|
|
1
|
|
|
|
2
|
|
|
| | |
| --- | --- |
|
Office Seal:Date:
|
Signatures of the Competent authority.
|
|
Place:
|
Managing Director,Assam Industrial Development
Corporation Ltd./Director of Industries, Government of Assam?General Manager, District Industries Centre,Government of Assam.
|
Annexure 7
Application Form For Grant Of Certificate Of Entitlement
[New Unit/Expansion Unit]
[Para 10]
To
The Commissioner of State tax, Assam/
The Asst. Commissioner of State tax/Supdtt. of State tax Unit
I, Shri/Smt....................................son/daughter/wife of...... ..................residing at.......................P.O.................. in the District of on behalf of myself and the persons, whose name and address are given in paragraph 3 on behalf of the Finn/Company/Cooperative Society/Trust doing business as (name of the Unit)............. P.O................... Thana ....................... of District and with branches at...................hereby apply for a Certificate of Entitlement for reimbursement of tax in respect of the intra-State supplies, under the Assam Industries (Tax Reimbursement for Eligible Units) Scheme, 2017.
### 2. I/We own a Unit, the particulars of which are furnished below : (a) Name, location, branch(es):
(b) Description of the finished products, (in case of manufacturing Unit):
(c) Description of goods required for use as raw materials in the manufacture of the finished products mentioned above
(d) The Unit is in Micro/SSI/Medium/Large Sector (mention the one applicable):
(e) Date of commencement of production of the Unit:
(f) Date of commencement of production after the completion of the substantial expansion in case of a unit undergoing substantial expansion:
(g) Eligibility Certificate No. and date :
### 3. The following person(s) is/are the proprietor/partners/Directors of the Board of Director/Secretary and President of the Co-operative Society/ Trustee and their respective Permanent Account No(s). (PAN), given by the concerned Income-tax Authority. | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- |
|
SI. No.
|
Name
|
Permanent address
|
Present address
|
Age
|
Father's name
|
PAN
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
### 4. An attested photocopy of the Eligibility Certificate granted to my/ our Unit as stated above (mention the authority, who has granted the Eligibility Certificate) is enclosed herewith. ###
5. Declaration:
I/We hereby solemnly declare that the information furnished in this application for the grant of Certificate of Entitlement for claiming the reimbursement of tax are correct and true to the best of my/our knowledge and belief.
| | |
| --- | --- |
|
Seal:Date:
|
Signatures of the applicant .....................Name of the applicant in full ................(In Block letters) ....................His/Her status in relation
the Unit mentioned above .................
|
Acknowledgement
Received the application in the PART-I from .......................... for
the issue of a Certificate of Entitlement.
| | |
| --- | --- |
|
Seal:Date:Place:
|
Signatures of the receipt clerk of the Office of theCommissioner of State tax, Assam/Assistant Commissioner of State
tax/Superintendent of State tax
|
Annexure 8
Certificate of Entitlement
[New unit/Expansion unit]
[Para 10]
Certificate of Entitlement No. ......................... Date:
This is to certify that the unit in the name and style of M/s.............................................. ..........situated at.......................(place) having GSTIN........................................... ...................under the Assam Goods and Services Tax Act, 2017 and holding Eligibility Certificate number.............................................................. dated. .....................is entitled for reimbursement of tax in accordance with the provisions of the Assam Industries (Tax Reimbursement for Eligible Units) Scheme, 2017.
The dealer is entitled for reimbursement of tax to the extent of Rs........................................ within the period from to in respect of intra-State supplies of its finished products(s) , namely ...................................................
This certificate is valid from.............. to ..................................................... subject to renewal from year to year.
| | |
| --- | --- |
|
Date of Issue:
..................................
|
Signatures of the Commissioner of Statetax, Assam;
Assistant Commissioner of State tax/Superintendent
of State tax
|
|
Place:
..................................
|
|
(\*Strike out whichever is not applicable)
| | | | | | |
| --- | --- | --- | --- | --- | --- |
|
The certificate is renewed and the period of
validity is extended as specified in columns (2) and (3) below:
Serial No. of renewal
|
From (date) |
To (date) |
Total amount of reimbursement availed before
the renewal period
|
Remaining amount of reimbursement for the
renewal period
|
Initial of the ACT/ST with date
|
Annexure 9
Application For Refund
[Para 11]
| | | |
| --- | --- | --- |
|
1
|
Registration Number (GSTIN) |
:
|
|
2
|
Name and address of the person claiming the
refund
|
:
|
|
3
|
Legal Name
|
:
|
|
4
|
Trade Name, if any
|
:
|
|
5
|
Address of the eligible unit
|
:
|
|
6
|
Relevant Industrial Policy
|
:
|
|
7
|
Certificate of Entitlement No. and date
|
:
|
|
8
|
Full period of eligibility of tax incentive
|
: years (From ......... to ..........)
|
|
9
|
Tax period for which refund is claimed
|
:
|
|
10
|
Amount already paid together with challan No.
and date of payment
|
:
|
|
11
|
The amount of refund claimed
|
:
|
|
12
|
Details of output tax, tax credit availed and
balance tax paid in cash,etc., and reimbursement claimed
|
:
|
| | | |
| --- | --- | --- |
|
SGST output tax payable
|
Rs.
|
|
|
SGST input tax crdit utilized
|
Rs.
|
|
|
IGST input tax crdit utilized
|
Rs.
|
|
|
SGST payable
|
Rs.
|
|
|
SGST Paid
|
Rs.
|
|
|
Tax reimbursement claimed
|
Rs.
|
|
| | | |
| --- | --- | --- |
|
13
|
Bank details (as furnished to the GST portal)
|
:
|
|
Bank Account No.
|
:
|
|
Name of the Bank
|
:
|
|
Bank account type
|
:
|
|
Name of the account holder
|
:
|
|
Address of the bank branch
|
:
|
|
IFSC Code
|
:
|
|
MICR
|
:
|
|
14
|
Total amount of tax incentive available as per
EC
|
:
|
|
15
|
Cumulative tax incentive/ reimbursement already
availed uptothe end of the previous month before filing this
claim for reimbursement
|
:
|
|
16
|
Balance amount for which reimbursement is
available at thebeginning of the tax period for which the
reimbursement claim has been filed
|
:
|
Verification
I/We hereby declare that the particulars given herein are correct and true to the best of my/our knowledge and belief and I/we hereby apply for tax reimbursement under the Assam Industries Tax Reimbursement for Eligible Units) Scheme, 2017 after complying with the terms and conditions of the said Scheme.
I/We further undertake to indemnify the Government of Assam for any revenue loss which may occur (might have occurred) due to incorrect reimbursement of tax.
I/We further affirm and declare that no amount of tax reimbursement which is not due as per the conditions of the Tax Reimbursement Scheme shall be claimed by our unit and where any mis-declaration is detected, the amount paid by the Government shall be paid back by me/us with interest as per rate specified in this Scheme.
| | |
| --- | --- |
|
Date:
..................................
|
Signatures of the proprietor/partner/director/authorised signatory
|
|
Place:
..................................
|
Name .................................Status ................................
|
Annexure 10
[Para 12]
| | |
| --- | --- |
|
The Assam
Industries (Tax Reimbursement For Eligible Units) Scheme, 2017
Annexure 10
Refund Voucher Counterfoil
|
The Assam
Industries (Tax Reimbursement For Eligible Units) Scheme, 2017
Annexure 10
Refund Voucher
(To be prevented within one month of the
issue)
|
|
Book No
|
Book No ….............................
|
|
Voucher No
|
Voucher No ….............................
|
|
Number and date of sanction order:
|
Number and date of sanction order :
|
|
Refund payable to:
|
To
|
|
GSTIN :
|
The Treasury Officer
….............................
|
|
Amount of Refund :
|
The Agent, State Bank of India
….............................
|
|
SGST amount deposited against which refund is
claimed
|
SGST amount deposited against which refund is
claimed
|
|
|
1. Certified that a refund of Rs. …........
is due to …........ GSTIN …........... in respect
of the return period ending …...........
|
|
|
2. Certified that the State tax concerning which
the refund is given has been credited in the Treasury.
|
|
Initials of Commissioner of State tax/Assistant
Commissioner of State tax/ Superintendent of State tax, as the
case may be
|
3. Certified that no refund order, regarding the
sum now in question has previously been granted and this order of
refund has been entered in the original file under my signature.
|
|
|
4. Please pay to
…............ the sum of Rs. ….........[Rupees (in
words) …...........] on account of the above refund, whose
bank details are given below :
Name of Bank :
Name of branch :
Account type :
Account No. :
IFSC Code :
|
|
Treasury
|
Seal:
Date :
Place :
|
Initials of Commissioner of State tax/Assistant
Commissioner of State tax/ Superintendent of State tax, as the
case may be
|
|
Date of encashment
|
Received payment
Claimant's signature
|
Pay rupees only
…........................
Treasury/Sub-Treasury Officer Agent or Manager
…..............................................
|
|
|
Examined Accountant
|
|
This notification shall come into force on the date of its publication in the Official Gazette.
|
65ba4d97ab84c7eca86eaebc | acts |
Daman and Diu - Act
---------------------
The Goa, Daman And Diu Mining Concessions (Abolition And Declaration As Mining Leases) Act, 1987
--------------------------------------------------------------------------------------------------
DAMAN AND DIU
India
The Goa, Daman And Diu Mining Concessions (Abolition And Declaration As Mining Leases) Act, 1987
==================================================================================================
Act 16 of 1987
----------------
* Published in Gazette of India on 23 May 1987
* Not commenced
The Goa, Daman And Diu Mining Concessions (Abolition And Declaration As Mining Leases) Act, 1987
No. 16 of 1987
### 1862. Statement of Objects and Reasons. - After Goa, Daman and Diu became part of India, the provisions of the Mines and Minerals (Regulation and Development) Act 1957 (1957 Act) except section 16 were extended to that Union territory with effect from 1-10-1963 and section 16 was extended with effect from 15-1-1966. The Controller of Mining Leases in exercise of the powers conferred on him under section 16 of the Act, proceeded with the modification of the mining concessions granted under the earlier Portuguese Mining Laws of 1906 so as to bring them in conformity with the provisions of the 1957 Act. The concession holders challenged the proceedings of the Controller on the ground that the concessions held by them were not existing mining leases within the meaning of the provisions of the 1957 Act. The Bombay High Court in its judgment dated 29-9-1983 held that the concessions were not mining leases within the meaning of 1957 Act. As a result of this judgment, the Controller of Mining Leases could not take further action to modify the concessions. The High Court in another case held that no royalty could be charged on the minerals extracted by the concession holder, as such mining concessions are not mining leases.
2. The above two decisions have resulted in a situation in which all the existing mining concessions in Goa, Daman and Diu are not subject to the provisions of any law. The Portuguese Mining Laws had been repealed on the commencement of the 1957 Act and the aforesaid decisions have declared that these concessions are not mining leases under the 1957 Act. It is, therefore, necessary to bring all these mining concessions under the provisions of the 1957 Act for the purpose of regulation of these mines and for the development of minerals under the control of the Union. The Bill, therefore, seeks to provide for the following, among other matters, namely :-
(1) abolition of such of the mining concessions granted prior to the merger of Goa, Daman and Diu from the date of merger, i.e. 20th December, 1961 and such of those mining concessions granted after the merger from the date next after the dates of such grant, and declaring all such concessions as mining leases under the 1957 Act which shall be in operation as such, from the dates of such declaration to a period of six months from the date of assent by the President of this legislation :
(2) a right of renewal of the lease under the provisions of the 1957 Act and the rules thereunder after the expiry of the period of lease. i.e., a period of six months from the date of assent by the President of this legislation.
(3) Payment of amounts for the abolition of the mining concession and declaring them as mining leases and for the appointment, of a Commissioner of Payments to disburse such amounts:
(4) a validation provision declaring that royalties or dead rent payable for a mining lease under the 1957 Act shall he payable by the mining concession holders from the date on which their concessions were declared as mining leases and to provide that any amount paid by such concession holders shall not he refundable to them on the ground that the mining concessions are not mining leases.
3. The Bill seeks to achieve the above objects.
Gazette of India, 30-4-1987, Part II, Section 2, Ext., Page. 45 (No. 21)
[23rd May, 1987.]
An Act to provide for the abolition of the mining concessions in operation in the Union territory of Goa, Daman and Diu and specified in the First and the Second Schedules, and for the declaration or such mining concessions as mining leases under the Mines and Minerals (Regulations and Development) Act, 1957, with a view to the regulation of the mines to which such concessions relate and for the development of minerals under the control of the Union and for matters connected therewith or incidental thereto.
Whereas certain mining concessions have been granted in perpetuity under the former Portuguese Mining Laws (Decree of 20th day of September, 1906) in the territories now included in the Union territory of Goa, Daman and Diu by the former Portuguese Government and by the Government of Goa, Daman and Diu;
And whereas the aforesaid mining laws have ceased to be in force and doubts have been expressed as to whether such mining concessions are mining leases within the meaning of the Mines and Minerals (Regulation and Development) Act, 1957 (
67 of 1957
.);
And whereas it is expedient in the public interest to abolish such mining concessions and declare them as mining leases under the aforesaid Act for the purpose of making the provisions of that Act applicable to the mines to which such concessions relate with a view to the regulation of such mines and for the development of minerals under the control of the Union so as to subserve the common good;
BE it enacted by Parliament in the Thirty-eight Year of the Republic of India as follows :-
Chapter I
Preliminary
--------------------------
### 1. Short title.
- This Act may be called the Goa, Daman and Diu Mining concessions (Abolition and Declaration as Mining Leases) Act, 1987.
### 2. Definitions.
- In this Act, unless the context otherwise requires,-
(a) "appointed day" means the 20th day of December, 1961;
(b) "Commissioner" means the Commissioner of Payments appointed under section 8;
(c) "concession holder" means a person who has been granted a mining concession;
(d) "date of assent" means the date on which the assent is given by the President to this Act;
(e) "Goa, Daman and Diu" means the Union territory of Goa, Daman and Diu;
(f) "Mines and Minerals Act" means the Mines and Minerals (Regulation and Development) Act, 1957;
(g) "mining concession" means a mining concession granted under the Portuguese Colonial Mining Laws, 1906 (Decree of 20th September, 1906);
(h) "notification" means a notification published in the Official Gazette;
(i) "prescribed" means prescribed by rules made under this Act;
(j) "specified date" means such date as the Central Government may, for the purpose of any provision of this Act, by notification, specify; and different dates may be specified for different provision of this Act;
(k) words and expressions used and not defined, but defined in the Mines Act, 1952 or the Mines and Minerals Act, shall have the meanings, respectively, assigned to them in those Acts.
### 3. Act override all other enactments, etc.
- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment (other than this Act), or any judgment, decree or order of any court, tribunal or other authority or any instrument having effect by virtue of any enactment other than this Act.
Chapter II
Abolition Of Mining Concessions And Declaration As Mining Leases Under The Mines And Minerals Act
-----------------------------------------------------------------------------------------------------------------
### 4. Abolition, etc., of mining concessions.
(1) Every mining concession specified in the First Schedule shall, on and from the appointed day, be deemed to have been abolished, and shall, with effect from that day, be deemed to be a mining lease granted under the Mines and Minerals Act, and the provisions of that Act shall, save as otherwise provided in this Act, apply to such mining lease.
(2) Every mining concessions specified in the Second Schedule shall, on the from the day next after the date of grant of the said concession and specified in the corresponding entry in the eight column of the said Schedule, be deemed to have been abolished, and shall, with effect from that day, be deemed to be a mining lease granted under the Mines and Minerals Act, and the provisions of that Act shall, save as otherwise provided in this Act, apply to such mining lease.
(3) If, after the date of assent, the Central Government is satisfied, whether from any information received by it or otherwise, that there has been any error, omission or mis-description in relation to the particulars of any mining concession or the name and residence of any concession holder specified in the First or the Second Schedule, it may, by notification, correct such error, omission or mis-description, and on the issue of such notification, the First or the Second Schedule, as the case may be, shall be deemed to have been amended accordingly.
### 5. General effect of declaring the mining concessions to be mining leases.
(1) Where a mining concession has been deemed to be a mining lease under section 4, the concession holder shall, on and from the day mentioned in that section, be deemed to have become the holder of such mining lease under the Mines and Minerals Act in relation to the mine to which the mining concession relates, subject to the condition that the period of such lease shall, notwithstanding anything contained in that Act, extend up to a period of six months from the date of assent.
(2) On the expiry of the period of any mining lease under sub-section (1), it may, if so desired by the holder of such lease and on an application being made by him in accordance with the provisions of the Mines and Minerals Act and the rules made thereunder, be renewed on such terms and conditions, and up to the maximum period, for which such lease can be renewed under the provisions of that Act and the rules made thereunder.
Chapter III
Payment Of Amounts
-----------------------------------
### 6. Payment of amounts to concession holders.
Every concession holder specified in the second column of the First and the Schedules shall be given by the Central Government in cash, and in the manner specified in Chapter IV for the abolition of the mining concession held by him, and declaring it as a mining lease under section 4 an amount equal to the amount specified against him in the corresponding entry in the eight column of the First Schedule and the ninth column of the Second Schedule, as the case may be.
### 7. Payment of further amount.
(1) There shall also be given by the Central Government, in cash, to every concession holder specified in the second column of the First and the Second Schedules, simple interest at the rate of four per cent.per annum on the amount specified against such concession holder in the corresponding entry in the eighth column of the First Schedule and the ninth column of the Second Schedule, as the case may be, for the period commencing on the date of assent and ending on the date of payment of such amount to the Commissioner.
(2) The amount referred to in sub-section (1) shall be in addition to the amount specified in the First Schedule or the Second Schedule, as the case may be.
Chapter IV
Commission Of Payment
-------------------------------------
### 8. Commissioner of payments to be appointed.
(1) For the purpose of disbursing the amounts payable to the concession holder under this Act, the Central Government shall appoint such person as it may think fit to be the Commissioner of Payments.
(2) The Central Government may appoint such other persons as if may think fit to assist the Commissioner and thereupon the Commissioner may authorise one or more of such persons also to 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 of the powers exercisable by the Commissioner 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 India.
### 9. Payment by the Central Government to the Commissioner.
(1) The Central Government shall, within thirty days from the specified date, pay, in cash, to the Commissioner, for payment to the concession holders, a sum equal to the sum specified against the mining concessions in the First and the Second Schedules, together with the amount of interest referred to in section 7.
(2) A deposit account shall be opened by the Central Government, in favour of the Commissioner, in the Public Account of India, and every amount paid under this Act to the Commissioner shall be deposited by him to the credit of the said deposit account and the said deposit account shall be operated by the Commissioner.
(3) Records shall be maintained by the Commissioner in respect of each of the concession holder in relation to which payments have been made to him under this Act.
(4) Interest accruing on the amount standing to the credit of the deposit account referred to in sub-section (2) shall endure to the benefit of the concession holders.
### 10. Claims to be made to the Commissioner.
(1) Every concession holder, having a claim for the payment of the amount referred to in section 6 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.
(2) The Commissioner shall fix a certain date on or before which every claimant shall file the proof of his claim.
(3) 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 any 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.
(4) 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.
(5) The Commissioner shall, after such investigation as may, in his opinion, be necessary and after giving the concession holder, a reasonable opportunity of being heard, by order in writing admit or reject the claim in whole or in part.
(6) 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 will hold his sittings and shall, for the purpose of making any investigation under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, (5 of 1908.) while trying a suit in respect of the following matters, namely:--
(a) 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 producible as evidence;
(c) the reception of evidence on affidavits;
(d) the issuing of any commission for the examination of any witnesses.
(7) Any investigation before the Commissioner shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 of the Indian Penal Code (45 of 1860.) 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 (2 of 1974.).
(8) 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 relevant mine is situated.
### 11. Liability of Central Government to end on payment of claim.
- After admitting a claim under this Act, the amount due in respect of such claim shall be paid by the Commissioner to the person or persons to whom such amount is due and, on such payment, the liability of the Central Government in respect of such claim shall stand discharged.
### 12. Disputes to be dealt with.
- In the event of there being a doubt or dispute as to the right of a person to receive the whole or any part of the amount referred to in section 6 or section 7, the Commissioner shall refer the matter to the court for a decision, and shall make the disbursement in accordance with the decision of the court.
Explanation.--In this section "court", in relation to a mining concession, means the principal civil court of original jurisdiction within the local limits of whose jurisdiction the mines relating to such concession is situated.
### 13. Undisbursed or unclaimed amount to be deposited to the general revenue account.
- Any money paid to the Commissioner which remains undisbursed or unclaimed after such payment for a period of three years shall be transferred by the Commissioner to the general revenue account of the Central Government; but a claim to any money transferred may be preferred to the Central Government by the concession holder entitled to such payment and shall be dealt with as if such transfer had not been made, the order, if any, for the payment of the claim being treated as an order for the refund of revenue.
Chapter V
Miscellaneous
----------------------------
### 14. Amendment of Act
67 of 1957
.
- In the Mines and Minerals (Regulation and Development) Act, 1957, in sub-section (1) of section 4, after the second proviso, the following proviso shall be inserted and shall be deemed to have been inserted with effect from the 1st day of October, 1963, namely:--
"Provided also that nothing in this sub-section shall apply to any mining lease (whether called mining lease mining concession or by any other name) in force immediately before the commencement of this Act in the Union territory of Goa, Daman and Diu.".
### 15. Penalties.
- Any person who contravenes the provisions of this Act shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to two thousand rupees, or with both.
### 16. Offences by companies.
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in 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 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.
### 17. Protection of action taken in good faith.
(1) No suit, prosecution or other legal proceeding shall lie against the Central Government or any officer or other employee of that which is in good faith done or intended to be done under this Act.
(2) No suit or other legal proceeding shall lie against the Central Government or any officer or other employee of that Government or any person authorised by that Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act.
### 18. Delegation of powers.
(1) The Central Government may, by notification, direct that all or any of the powers exercisable by it under this Act, other than the powers conferred by section 20 and 21, may also be exercised by such 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 Central Government.
### 19. 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 clauses (b) and (c) of article 39 of the Constitution.
Explanation.--In this section, "State" has the same meaning as in article 12 of the Constitution.
### 20. Power to make rules.
(1) The Central Government may, by notification, make rules to carry out the provisions of this Act.
(2) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one 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.
### 21. Power to remove difficulties.
- If any difficulty arises in giving effect to the provisions of this Act, the Central 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 date of assent.
### 22. Validation.
(1) 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,--
(a) every concession holder shall, for the period commencing on and from the date when his mining concession had been declared to be a mining lease and ending with the date of expiry of the period of his lease under the provisions of this Act (hereafter in this section referred to as the said period), be liable to pay the dead rent or, as the case may be, royalty, due in respect of such lease under the provisions of the Mines and Minerals Act and the rules made thereunder, and such amount shall, save as otherwise provided in this section, be recoverable from him;
(b) any amount paid by the concession holder for the said period, either as a fixed tax or as a proportional tax, or both, or as a royalty under protest shall be deemed to have been dead rent or, as the case may be, royalty, paid in accordance with law and such amounts shall not be liable to be refunded; and
(c) due credit of all such amounts paid by a concession holder under clause (b) shall be given to him in determining the dead rent or, as the case may be, royalty payable by him under clause (a), as if this Act and the Mines and Minerals Act and the rules made there-under had been in force at all material times, and accordingly--
(i) no suit or other proceeding shall be instituted, maintained or continued in any court or other authority against the Government or any person or authority whatsoever for the refund of any amounts paid by a concession holder under clause (b); and
(ii) no court shall enforce any decree or order directing the refund of any amounts so paid, on the ground that the mining concession is not a mining lease.
(2) 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 Mines and Minerals Act and the rules made thereunder, the assessment of any dead rent or royalty for the said period; or
(b) from claiming refund of any dead rent or royalty paid by him in excess of the amount due from him under the Mines and Minerals Act and the rules made thereunder.
THE FIRST SCHEDULE
[See sections 4(1) , 6, 7 and 9(1)]
DETAILS OF MINING CONCESSIONS ABOLISHED AND DECLARED AS MINING LEASES ON AND FROM THE APPOINTED DAY
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl. No.
|
Name of
the concession holder and his residence
|
Denomination
of the mine
|
Nature
|
Situation
|
Number
and date of title
|
Amount
(in Rs.)
|
Village
Taluka
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
|
1
|
Maria Severina
Fernandes ora Camilo Agostinho Elias Fernandes, of Aldona
(cabesacasal) .
|
Anvalitembo
|
Fe/Mang
|
Vadem
|
Sanguem
|
2 of 30-1-1929
|
14,300
|
|
2.
|
Domingos Jose
Fernandes of Aldona.
|
Paicatembo
|
Ditto
|
Netorlim
|
Ditto
|
1 of 26-8-1931
|
13,900
|
|
3.
|
Naria Alice Sodder
Pereira of Vasco da Gama.
|
Aili Vagurbem
|
Ditto
|
Sancordem
|
Ditto
|
1 of 4-4-1937
|
14,300
|
|
4.
|
Timblo Irmaos Ltda
of Margao
|
Bandodongor
Cumbiadongor
|
Ditto
|
Verlem
|
Ditto
|
1 of 19-3-1941
|
9,300
|
|
5.
|
Xeo Abdul Kadat
Sanguem.
|
Cudoitembo
|
Ditto
|
Bati
|
Ditto
|
3 of 19-3-1941
|
7,900
|
|
6.
|
Maria Seani
Rephael of Curchorem.
|
Amvandongor
|
Ditto
|
Curpem
|
Ditto
|
5 of 19-3-1941
|
12,500
|
|
7.
|
Maria Seani
Rephel, of Curchorem.
|
Nidgulamolldongor
|
Iron
|
Calem
|
Ditto
|
6 of 19-3-1941
|
11,900
|
|
8.
|
Empresa Minero
Comercila, of Goa
|
Choriacho tembo
dongor
|
Ditto
|
Bimbol of Calem
|
Ditto
|
7 of 19-3-1941
|
13,900
|
|
9.
|
Gangadhar N.
Agrawal, of Margao.
|
Huldool dongor
|
Iron
|
Bimbol of Calem
|
Sanguem
|
8 of 19-3-1941
|
14,300
|
|
10.
|
Companhia Nacional
Agency of Ponda.
|
Mollo or Moroda
|
Fe/Mang
|
Darbandora
|
Ditto
|
9 of 19-3-1941
|
14,300
|
|
11.
|
Rajarama Naraina X
Bandecar, of Vasco da Gama.
|
Nundem deulavoril
dongor
|
Ditto
|
Nundem
|
Ditto
|
10 of 20-8-1941
|
14,200
|
|
12.
|
Comphania Mineira
Dempo and Souza Ltda. of Goa.
|
Lamgao
|
Iron
|
Lamgao
|
Bicholim
|
11 of 20-8-1941
|
14,300
|
|
13.
|
Comphania Mineira
Dempo and Souza Ltda. of Goa.
|
Vagachiper
|
Ditto
|
Bicholim
|
Ditto
|
12 of 20-8-1941
|
14,300
|
|
14.
|
ComphaniaMinira
Dempo and Souza Ltda. of Goa.
|
Gaotoor
|
Ditto
|
Bordem
|
Ditto
|
13 of 20-8-1941
|
14,300
|
|
15.
|
Comphania Mineira
Dempo and Souza Ltda, of Goa.
|
Toticho mor dongor
|
Ditto
|
Mulgao
|
Ditto
|
14 of 20-8-1941
|
14,300
|
|
16.
|
Comphania Mineira
Dempo and Souza Ltda. of Goa
|
Mandurbaga
|
Ditto
|
Ditto
|
Ditto
|
15 of 20-8-1941
|
14,300
|
|
17.
|
Firm Elesbao
Pereira and Sons Ltda. of Mormugao.
|
Padepanos
|
Fe/Mang
|
Sancordem
|
Sanguem
|
17 of 22-10-1941
|
2,900
|
|
18.
|
Kurnool M.V.
Maneer of Bellery.
|
Vaguem
|
Ditto
|
Melauli
|
Satari
|
1 of 8-7-1942
|
14,400
|
|
19.
|
Hiri BomboGaunco,
of Margao.
|
Santana
|
tembo
|
Ditto Vichundrem
|
Sanguem
|
1 of 6-10-1947
|
2,900
|
|
20.
|
Companhia Nacional
Agency of Penda.
|
Gonoxirem
|
Ditto
|
Verlem
|
Ditto
|
2 of 24-4-1949
|
13,400
|
|
21.
|
Firm S. Kantilal &
Cia, Ltda. of Margao.
|
Shirgal Muddi
|
Ditto
|
Salauli
|
Ditto
|
3 of 13-6-1949
|
14,300
|
|
22.
|
Shri Rajaram N.X.
Bandekar, of Vasco.
|
Monte de Sirigao
|
Iron
|
Sirigao
|
Bicholim
|
4 of 17-6-1949
|
14,300
|
|
23.
|
Firm Chowgule &
Cia. Ltd. of Marmagao.
|
Cudplegaicho-Guer–Dongor
|
Ditto
|
Ditto
|
Ditto
|
5 of 8-7-1949
|
14,300
|
|
24.
|
Hiralal Khodidas
of Goa.
|
Gogoro or Gulcan
Dongor
|
Fe/Mang
|
Colomba
|
Sanguem
|
6 of 11-7-1949
|
10,100
|
|
25.
|
Lidia Belinda
Simoes, of Goa.
|
Vagatto
|
Ditto
|
Ditto
|
Ditto
|
7 of 5-8-1949
|
9,900
|
|
26.
|
Bascora Seguna
Corpo, of Vasco
|
Cundacho Gholl
|
Ditto
|
Gudnem
|
Bicholim
|
8 of 12-8-1949
|
14,000
|
|
27.
|
Sociedade Mineira
Goesa, of Panaji
|
Marcarxendo &
Mauling-todcho Dongor
|
Ditto
|
Maulinguem
|
Ditto
|
9 of 23-9-1949
|
13,300
|
|
28.
|
Sociedade Mineira
Goesa, of Panaji
|
Chireachea
Ambeacodil Dongurli and Cantonachi tembo
|
Ditto
|
Ditto
|
Ditto
|
10 of 23-9-1949
|
11,300
|
|
29.
|
Gurudas Timblo, of
Margao.
|
Gogolatembo
|
Fe/Mang
|
Malcornem
|
Quepem
|
11 of 4-11-1949
|
9,400
|
|
30.
|
Firm Chowgule &
Cia. Ltd. of Marmagao.
|
Goigonem
|
Iron
|
Mahem
|
Bicholim
|
13 of 18-11-1949
|
10,400
|
|
31.
|
Eurico da Silva.
Ataide e T. De Noronha of Maem.
|
Orpale
Anturlichem, etc.
|
Fe/Mang
|
Ditto
|
Ditto
|
14 of 18-11-1949
|
13,800
|
|
32.
|
Firm S. Kantilal &
Cia. Ltd., of Margao.
|
Molhadvona,Concramoli
|
Iron
|
Sancordem
|
Sanguem
|
16 of 23-12-1949
|
12,200
|
|
33.
|
Atmarama X. Poi
Palondicar, of Margao.
|
Hunantlo Dongor
|
Fe/Mang
|
Colomba
|
Ditto
|
17 of 23-12-1949
|
6,400
|
|
34.
|
Aleixo Caetano
Cardoso, of Raia.
|
Sem denom esp.
|
Ditto
|
Navelim
|
Ditto
|
1 of 13-1-1950
|
3,200
|
|
35.
|
Gopinata Sinai
Garco, of S. Lourenco.
|
Arembata
|
Ditto
|
Aturli
|
Bicholim
|
3 of 13-1-1950
|
3,000
|
|
36.
|
Firm Chowgule &
Cia. Ltd., of Marmagao.
|
Govala
|
Ditto
|
Gautona
|
Ditto
|
4 of 13-1-1950
|
7,300
|
|
37.
|
Firm S. Kantilal &
Cia. Ltd., of Margao.
|
Paicatembo
|
Ditto
|
Villiena
|
Sanguem
|
5 of 23-1-1950
|
10,400
|
|
38.
|
Quiteria Maria
Gonsalves Noronha.
|
Godhodo
|
Ditto
|
Colomba
|
Ditto
|
6 of 27-1-1950
|
5,600
|
|
39.
|
Firm V.S. Dempo &
Cia. Ltd., of Goa.
|
Culnavoril Sodo
|
Ditto
|
Dudal
|
Ditto
|
7 of 30-1-1950
|
5,600
|
|
40.
|
Rajaram Rangaji
Poinguincar, of Ponguinim.
|
Chiraband e Vali
|
Ditto
|
Patient
|
Ditto
|
8 of 24-2-1950
|
11,800
|
|
41.
|
Mahamed Osman
Muhamed Hashan, of Margao.
|
Cuditembo
|
Ditto
|
Curpem
|
Ditto
|
10 of 24-2-1950
|
8,900
|
|
42.
|
Firm Damodar
Mangalji & Cia Ltd., of Goa.
|
Costimol
|
Ditto
|
Costi
|
Ditto
|
11 of 24-2-1950
|
4,900
|
|
43.
|
Xec Abdul Kadar,
of Sanguem.
|
Usqui Mordi
|
Ditto
|
Netorlim
|
Ditto
|
12 of 27-2-1950
|
14,300
|
|
44.
|
Xec Abdul Kadar of
Sanguem.
|
Chinchigalchi
Calmati
|
Ditto
|
Tudou
|
Ditto
|
13 of 27-2-1950
|
14,200
|
|
45.
|
Firm Mehta &
Cia Ltd. of Vasco da Gama.
|
Tilo dongor, etc.
|
Fe/Mang
|
Curdi
|
Sanguem
|
14 of 27-2-1950
|
4,900
|
|
46.
|
Roguvir Naraina
Lotlecar, of Margao.
|
Bandadongor
|
Ditto
|
Verlem
|
Ditto
|
15 of 13-3-1950
|
10,100
|
|
47.
|
Roguvir Naraina
Lotlecar, of Margao.
|
Bonquidongor or
Bonquitembo
|
Ditto
|
Ditto
|
Ditto
|
16 of 13-3-1950
|
8,100
|
|
48.
|
Gurudas Timblo, of
Margao.
|
Ondea Cail Mol,
etc.
|
Ditto
|
Pale
|
Bicholim
|
17 of 27-3-1950
|
13,200
|
|
49.
|
Firm Damodar
Mangalji & Cia Ltd., of Goa.
|
Maulingmolo
|
Ditto
|
Carapur
|
Ditto
|
19 of 21-4-1950
|
3,100
|
|
50.
|
Quiteria Maria
Gonsalves Noronha, of Margao.
|
Udo Dongor
|
Ditto
|
Colomba
|
Sanguem
|
20 of 21-4-1950
|
14,300
|
|
51.
|
Firm Chowgule &
Cia. Ltd., of Margao.
|
Deureamvoilo tembo
|
Ditto
|
Vichundrem
|
Ditto
|
21 of 5-5-1950
|
7,400
|
|
52.
|
Firm Chowgule &
Cia. Ltd., of Margao.
|
Paratembo
Dongurli, etc.
|
Ditto
|
Costi
|
Ditto
|
22 of 5-5-1950
|
9,000
|
|
53.
|
Mandyan A.
Parthasarthy, of Pernem.
|
Sem denominacao
especial
|
Ditto
|
Zorulem
|
Pernem
|
23 of 8-5-1950
|
14,300
|
|
54.
|
Firm V.M.
Salgaoncar e Irmao Ltd., of Vasco da Gama.
|
Dudaliacha
Gauntonavoril Sodo e Gitoneasoda
|
Iron
|
Dual
|
Sanguem
|
24 of 12-5-1950
|
13,000
|
|
55.
|
Sociedade Shri
Mahalaximi Cia. Mineira Ltd., of Netorlim.
|
Maccdeatolem
Mamatembo
|
Fe/Mang
|
Jaqui of Netorlim
|
Ditto
|
27 of 5-6-1950
|
10,400
|
|
56.
|
Marcos Marcelmo P.
De Souza, of Pileme.
|
Tasmsurly
|
Ditto
|
Dandola
|
Ponda
|
28 of 12-6-1950
|
112,900
|
|
57.
|
Marcos Marcelino
P. De Souza, of Pilerne.
|
Calamatembi
|
Ditto
|
Tiurem
|
Ditto
|
29 of 12-6-1950
|
13,800
|
|
58.
|
Prafula Rajarama
Hede, of Goa.
|
Godcavadea
Javalachem Upor & Nagonim Buroda
|
Iron
|
Colem
|
Sanguem
|
30 of 16-6-1950
|
11,800
|
|
59.
|
Sociedade Timblo
Irmaos Ltd. of Margao.
|
Devandongor
|
Fe/Mang
|
Rivona
|
Ditto
|
31 of 7-7-1950
|
8,900
|
|
60.
|
Firm V.M.
Salgaoncare Irmao Ltd., of Vasco da Gama.
|
Motto
|
Fe/Mang
|
Revora
|
Bardez
|
32 of 7-7-1950
|
4,900
|
|
61.
|
Sociedade Timblo
Irmaos Ltd., of Margao.
|
Borga
|
Ditto
|
Rivona
|
Sanguem
|
34 of 2-10-1950
|
12,800
|
|
62.
|
Gangadhar
Narsingdas Agrawal, of Margao.
|
Chandsuriacho
Fatravoril dongor
|
Ditto
|
Netorlim
|
Ditto
|
35 of 2-10-1950
|
14,200
|
|
63.
|
Raia Porobo
Baticar, of Sanguem.
|
Perchotembo
|
Ditto
|
Batic Cumbari
|
Ditto
|
37 of 10-10-1950
|
10,000
|
|
64.
|
Nilconta Jaganata
Coulecar, of Mapusa.
|
Codeachem
Devonavoril Molentil Zaga
|
Ditto
|
Sanvordem
|
Satari
|
38 of 10-11-1950
|
14,300
|
|
65.
|
Manohar H.N. Naik,
Parulekar.
|
Gundegally or
Chendo
|
Ditto
|
Dargalim
|
Pernem
|
39 of 11-12-1950
|
14,300
|
|
66.
|
Vishwasrao D.
Chowgule, of Vasco da Gama.
|
Citeiros que ficam
de ambos os lados de linha ferrea etc.
|
Iron
|
Calem
|
Sanguem
|
40 of 22-12-1950
|
12,300
|
|
67.
|
Lidia Belinda
Simoes of Goa.
|
Molietembo
Maquerim
|
Fe/Mang
|
Rivona
|
Ditto
|
42 of 29-12-1950
|
7,300
|
|
68.
|
Xec Mohamed Issac,
of Goa.
|
Devapan or
Devadongor
|
Ditto
|
Caurem
|
Quepem
|
1 of 8-1-1951
|
14,300
|
|
69.
|
Madeva Upendra
Sinai Talaulikar, Panaji.
|
Saniem
|
Iron
|
Sancordem
|
Sanguem
|
2 of 8-1-1951
|
7,200
|
|
70.
|
Firm V.S. Dempo &
Cia. Ltd., of Goa.
|
Cantor
|
Fe/Mang
|
Curpem
|
Ditto
|
3 of 19-1-1951
|
14,000
|
|
71.
|
Vassudeva N.
Sarmalkar, of Margao.
|
Vagagholl
|
Ditto
|
Molcornem
|
Quepem
|
4 of 2-2-1951
|
3,800
|
|
72.
|
Dinanata Mucunda S
Cuvelcar, of Raia.
|
Zamblimol &
Cicilitembo
|
Ditto
|
Colomba
|
Sanguem
|
5 of 2-2-1951
|
7,200
|
|
73.
|
Gurudas Timblo, of
Margao.
|
Chivanritembo or
Chivaridogor
|
Ditto
|
Dongor
|
Ditto
|
7 of 9-2-1951
|
13,300
|
|
74.
|
Gurdas Timblo, of
Margao.
|
Paicapanacho
dongor
|
Ditto
|
Pirla
|
Quepem
|
8 of 9-2-1951
|
13,900
|
|
75.
|
Bhanudas Bablo S.
Cossombo, of Sanguem.
|
Convorzoritembo
Motatembo Bandoli dongor
|
Ditto
|
Curpem
|
Sanguem
|
9 of 12-2-1951
|
14,200
|
|
76.
|
Haider Caximo Can
of Sanguem.
|
Vangi Bindi
Advona, etc.
|
Fe/Mang
|
Sulcorna
|
Quepem
|
10 of 23-2-1951
|
11,900
|
|
77.
|
Zoirama Bicaji
Neugui, of Mapuca.
|
Avaliadongor
|
Ditto
|
Molcornem
|
Ditto
|
11 of 23-2-1951
|
11,400
|
|
78.
|
Francisca Sequeira
of Nuvem.
|
Gorditembo
|
Ditto
|
Netorlim
|
Sanguem
|
12 of 26-2-1951
|
6,700
|
|
79.
|
Vishwasrao D.
Chowgule, of Vasco da Gama.
|
Cararemdongor
|
Ditto
|
Colomba
|
Ditto
|
14 of 2-3-1951
|
14,300
|
|
80.
|
Vishwasrao D.
Chowgule, of Vasco da Gama.
|
Partimsodo, etc.
|
Iron
|
Molem
|
Ditto
|
15 of 2-3-1951
|
11,500
|
|
81.
|
Vishwasrao D.
Chowgule, of Vasco da Gama.
|
Pundavamgavoril
Sodo
|
Ditto
|
Dudal
|
Ditto
|
16 of 2-3-1951
|
11,800
|
|
82.
|
S. Kantilal &
Cia. Ltd. of Margao.
|
Gottovo Dongor
|
Fe/Mang
|
Netorlim
|
Ditto
|
17 of 2-3-1951
|
6,300
|
|
83.
|
Xec. Alub, of
Sanguem.
|
Zambutolem
|
Ditto
|
Tudou of Verlem
|
Ditto
|
19 of 9-3-1951
|
11,500
|
|
84.
|
Tulxidas Madeva X.
Deulcar of Calem.
|
Careacodil Upri,
Adam Tembo, etc.
|
Ditto
|
Maulinguem
|
Ditto
|
20 of 9-3-1951
|
12,500
|
|
85.
|
Zoiram Bhicaji
Neugmi of Mapusa
|
Madiacho tembo
Candalanche mol or Gormodi
|
Ditto
|
Cauremi
|
Quepem
|
21 of 19-3-1951
|
12,400
|
|
86.
|
Roguvir Sinai
Garco, of S. Lourenco de Agacaim.
|
Casarman
|
Ditto
|
Salguinim Verlem
|
Sanguem
|
22 of 30-3-1951
|
4,700
|
|
87.
|
Gurudas Timblo, of
Margao.
|
Moliadongor
|
Ditto
|
Tudou of Verlem
|
Ditto
|
23 of 30-3-1951
|
10,000
|
|
88.
|
Horichondra Saunlo
N. Tari, of Sanguem.
|
Sadezamotil Rica
|
Ditto
|
Cumbari
|
Ditto
|
26 of 6-4-1951
|
11,900
|
|
89.
|
Firma Sesa Goa
Ltd. of Goa.
|
Botvadeacho dongor
|
Ditto
|
Pissurlem
|
Satari
|
28 of 6-4-1951
|
3,500
|
|
90.
|
Damum Naique, of
Curchorem.
|
Cosmoichem Mola
|
Ditto
|
Sulcorna
|
Quepem
|
29 of 13-4-1951
|
3,500
|
|
91.
|
Mineira
Prometedora Ltd., of Netorlim.
|
Foisadando or
Vadvol
|
Ditto
|
Netorlim
|
Sanguem
|
32 of 13-4-1951
|
5,400
|
|
92.
|
Xec Adam Xac.
Abubakar, of Margao.
|
Nissorval
|
Fe/Mang
|
Colomba
|
Sanguem
|
34 of 20-4-1951
|
14,000
|
|
93.
|
Gajanana P.N.
Cormoli of Cacora
|
Chiunim Dongor,
etc.
|
Ditto
|
Rivona
|
Ditto
|
35 of 20-4-1951
|
11,500
|
|
94.
|
Xec Abdul Gofur
X.A. Agis of Sanguem.
|
Cumartolem Dongor,
etc.
|
Ditto
|
Curpem
|
Ditto
|
37 of 20-4-1951
|
5,300
|
|
95.
|
Firm Chowgule and
Cia, Ltd., of Marmagao.
|
Casana, Costimola,
etc.
|
Iron
|
Costi
|
Ditto
|
38 of 20-4-1951
|
14,300
|
|
96.
|
Narahari S.S.
Narvenkar, of Goa.
|
Pandava Xetavoilo
Soddo & Vozro Sodo
|
Ditto
|
Santona of
Quirlapale
|
Ditto
|
40 of 27-4-1951
|
14,200
|
|
97.
|
Roguvir R.
Poinguincar, of Poinguinim.
|
Gurmulem
|
Fe/Mang
|
Cudnem
|
Bicholim
|
41 of 11-5-1951
|
9,600
|
|
98.
|
Firm Shantilal
Kushaldar Irmaos, of Margao
|
Cotton Sorad tembo
|
Ditto
|
Netorlim
|
Sanguem
|
42 of 18-5-1951
|
9,100
|
|
99.
|
Firm V.S. Denpo
and Cia, Ltd., of Goa.
|
Navientil
Galivoril Advona Nagona, etc.
|
Ditto
|
Aglote
|
Ditto
|
43 of 18-5-1951
|
14,300
|
|
100.
|
Sociedade
Shantilal Kushaldas & Irmaos, of Margao.
|
Joleracho dongor
|
Ditto
|
Maina
|
Quepem
|
44 of 18-5-1951
|
8,800
|
|
101.
|
Xembu Zoideva X.
Moratto, of Sanguem.
|
Dhabella mola
|
Ditto
|
Undorna
|
Ditto
|
45 of 8-6-1951
|
13,300
|
|
102.
|
Vassantaram G.
Metha, of Vasco da Gama.
|
Vatasur
|
Ditto
|
Colomba
|
Sanguem
|
46 of 15-6-1951
|
3,100
|
|
103.
|
Ramacrishna Dottu
P. Loundo, of Sanquelim.
|
Goddibaim
|
Ditto
|
Navelim
|
Bicholim
|
47 of 18-6-1951
|
5,500
|
|
104.
|
Vicente J.F.
Figeiredo, of Loutulim.
|
Madda-xeta Jetona
|
Ditto
|
Netorlim
|
Sanguem
|
48 of 25-6-1951
|
14,300
|
|
105.
|
Sociedade Mineira
N. Ltd., of Margao.
|
Poicul Compro
|
Ditto
|
Melauli
|
Satari
|
49 of 6-7-1951
|
10,100
|
|
106.
|
Vassudeva N.
Sarmalcar, of Margao.
|
Gola dongor
|
Ditto
|
Sulcorna
|
Quepem
|
50 of 6-7-1951
|
12,600
|
|
107.
|
Gurdas Timblo, of
Margo.
|
Bhutabaincho
dongor
|
Ditto
|
Verlem
|
Sanguem
|
51 of 20-7-1951
|
9,700
|
|
108.
|
Roguvir R.
Poinguincar, of Poinguinim.
|
Thatatem Soddo
|
Iron
|
Darbandora
|
Ditto
|
52 of 23-7-1951
|
14,300
|
|
109.
|
Aec Abdul Gofur
X.A. Agis, of Sanguem.
|
Pola dongore
Dongore
|
Fe/Mang
|
Curpem
|
Sanguem
|
53 of 3-8-1951
|
4,400
|
|
110.
|
Jeos Azavedo
Duarte, ofSanguem.
|
Zamblidando
|
Ditto
|
Verlem
|
Ditto
|
54 of 3-8-1951
|
5,200
|
|
111.
|
Manchar H.N.
Parulecar, of Mapusa.
|
Guellieme Gaval
|
Iron
|
Pissurlem
|
Satari
|
55 of 24-8-1951
|
12,600
|
|
112.
|
Daue Khan, of
Sanguem.
|
Matta Conda
|
Fe/Mang
|
Rivona
|
Sanguem
|
58 of 3-9-1951
|
12,600
|
|
113.
|
Zoiram B. Neugui,
of Mapuca.
|
Iembeche dongor
|
Ditto
|
Maina
|
Quepem
|
59 of 3-9-1951
|
14,200
|
|
114.
|
Minguel
Mascarenhas, of Sanvordem.
|
Canelidongor
|
Ditto
|
Vichundrem
|
Sanguem
|
60 of 14-9-1951
|
11,800
|
|
115.
|
Mineira Nacional
Ltd. of Panaji.
|
Cuddeagalivoril
Sodo dongor
|
Iron
|
Santona Quirlapale
|
Ditto
|
62 of 1-10-1951
|
13,100
|
|
116.
|
Chandracanta
F.Naigue, of Curchorem.
|
Gobaim or Cuntiem
|
Fe/Mang
|
Curpem
|
Ditto
|
63 of 19-10-1951
|
10,000
|
|
117.
|
Amalia Rodrigues
G. Figueiredo, of Loutulim.
|
Polo Dongor A
Dongor
|
Ditto
|
Ditto
|
Ditto
|
65 of 7-12-1951
|
8,400
|
|
118.
|
Firm S. Kantilal &
Cia Ltd., of Margao.
|
Poxelacho Sodo
|
Ditto
|
Maida of Colem
|
Ditto
|
66 of 14-12-1951
|
14,200
|
|
119.
|
Firm S. Kantilal &
Cia Ltd., of Margao
|
Gonesgudi Dongor
|
Ditto
|
Rumademo of
Netorlim
|
Ditto
|
67 of 14-12-1951
|
4,900
|
|
120.
|
Mingoa Sociedade
Mineira Goesa, SARL, of Goa.
|
Maindvolcho Sodo &
Codeculnavoril Sodo
|
Iron
|
Codli
|
Ditto
|
69 of 14-12-1951
|
14,300
|
|
121.
|
Ramakanta Xetie of
Bicholim.
|
Deulem
|
Ditto
|
Pissurlem
|
Satari
|
70 of 17-12-1951
|
14,300
|
|
122.
|
Firma V.M.
Salgaoncar & Irmao Ltd., of Vasco da Gama.
|
Madei
|
Fe/Mang
|
Vantem
|
Ditto
|
71 of 21-12-1951
|
11,400
|
|
123.
|
Firm S. Kantilal
and Cia, of Margao.
|
Anavla dongor
|
Ditto
|
Molcorrnem
|
Quepem
|
1 of 4-1-1952
|
5,500
|
|
124.
|
Quiteria Maria
Gonsalves, Noronha, of Mapusa
|
Connol-dad dongor
|
Ditto
|
Colomba
|
Sanguem
|
3 of 11-1-1952
|
12,900
|
|
125.
|
Firm S. Kantilal &
Cia, Ltd.,Margao.
|
Melcadongor
|
Ditto
|
Sancordem
|
Ditto
|
4 of 1-2-1952
|
10,600
|
|
126.
|
Ailiabhai S.
Cacodcar, of Cacora.
|
Vancali temb
|
Ditto
|
Colomba
|
Ditto
|
5 of 1-2-1952
|
3,200
|
|
127.
|
Arnaldo Reis Cruz
of Bena alim.
|
Fondiatoliavoridongor
|
Fe/Mang
|
Netorlim
|
Sanguem
|
7 of 1-2-1952
|
4,100
|
|
128.
|
Gopal Visvonata
Godekar de Councolim.
|
Ubefatracodi-I
dongri
|
Ditto
|
Maina
|
Quepem
|
8 of 1-2-1952
|
8,000
|
|
129.
|
Sociedade Timblo
Irmaos Ltd., of Margao.
|
Santona Guro
|
Ditto
|
Sigao
|
Sanguem
|
9 of 1-2-1952
|
11,000
|
|
130.
|
Esvonta Datatraia
Sadecar, of Margao.
|
Pandavamsodo
|
Ditto
|
Rivona
|
Ditto
|
10 of 1-2-1952
|
4,600
|
|
131.
|
Firm Damodar
Mangalji & Cia. Ltd., of Goa.
|
Dobdobo
|
Ditto
|
Bicholim
|
Bicholim
|
11 of 4-2-1952
|
7,200
|
|
132.
|
Narahari S.S.
Narvenkar of Goa.
|
Mainanlil Murdi
|
Ditto
|
Santana of
Quirlapale
|
Sanguem
|
12 of 8-2-1952
|
11,100
|
|
133.
|
Rucminibai S.
Bhobe, wite of late Krishna Bhobe or Quexarbai, of Mapusa
|
Apteachemboroda
|
Ditto
|
Onda
|
Satari
|
13 of 22-2-1952
|
3,700
|
|
134.
|
Badrudin Bavani,
of Margao.
|
Nomoxitembo
|
Ditto
|
Rivona
|
Sanguem
|
14 of 22-2-1952
|
14,300
|
|
135.
|
Sadassiva D.
Tiroder Margao.
|
Pistem
|
Ditto
|
Latambarcem
|
Bicholim
|
15 of 22-2-1952
|
8,900
|
|
136.
|
Sociedade Timbio
Irmaos Ltd. of Margao.
|
Ambegal Jeddit
moddi
|
Ditto
|
Salginim of Verlem
|
Sanguem
|
16 of 25-2-1952
|
9,000
|
|
137.
|
Firm S. Kantilal &
Cia Ltd., of Margao.
|
Toliavolli,
Zambod, etc.
|
Ditto
|
Villiena
|
Ditto
|
17 of 29-2-1952
|
13,600
|
|
138.
|
Firm S. Kantilal &
Cia. Ltd., of Margao.
|
Kairad &
Talaoili
|
Ditto
|
Villiena of Bati
|
Ditto
|
18 of 29-2-1952
|
6,700
|
|
139.
|
Firm V.M.
Salgaocar Irmao Ltd., of Vasco da Gama.
|
Molcornem
|
Ditto
|
Aglote
|
Ditto
|
19 of 29-2-1952
|
14,300
|
|
140.
|
Harichandra S.N.
Tari, of Sanguem.
|
Vagamollofodaguir,
etc.
|
Ditto
|
Vichundrem
|
Ditto
|
21 of 29-2-1952
|
8,700
|
|
141.
|
Roque Santana
Baneto, of Loutlim.
|
Zambeamollo
|
Ditto
|
Rivona
|
Ditto
|
25 of 21-3-1952
|
7,100
|
|
142.
|
Firm Shantilal K.
& Bros., of Margao or
|
Chumimolo or
Xissoria tembo
|
Ditto
|
Ditto
|
Ditto
|
28 of 28-3-1952
|
6,200
|
|
143.
|
Vasudeva D.S.
Cosombo of Sanguem.
|
Borgadongrachem
Fall. etc.
|
Fe/Mang
|
Rivona
|
Sanguem
|
29 of 28-3-1952
|
10,200
|
|
144.
|
|
|
|
|
|
|
|
|
145.
|
Vassantaram G.
Metha of Vasco da Gama.
|
Navelem
|
Ditto
|
Curpem
|
Ditto
|
33 of 28-3-1952
|
8,200
|
|
146.
|
Firm V.S. Dempo &
Cia. Ltd., of Goa.
|
Tambessodo
|
Ditto
|
Colomba
|
Ditto
|
35 of 4-4-1952
|
14,100
|
|
147.
|
Firm V.S. Dempo &
Cia. Ltd., of Goa.
|
Candulgo
|
Iron
|
Codali or Carapur
|
Bicholim
|
37 of 4-4-1952
|
14,300
|
|
148.
|
Hiru Bombo Gaunco,
of Margao.
|
Santona tembo
Bandaxetachem
|
Fe/Mang
|
Vichundrem
|
Sanguem
|
38 of 14-4-1952
|
14,300
|
|
149.
|
Vammona M. Zoixi,
of Oxel.
|
Tialachem temba B.
dongor, etc.
|
Ditto
|
Ozorim
|
Pernem
|
39 of 18-4-1952
|
14,300
|
|
150.
|
Roguvir S. Garco,
of S. Lourencorde Agacaim.
|
Margamodil Dongor
|
Ditto
|
Salginem
|
Sanguem
|
40 of 18-4-1952
|
6,300
|
|
151.
|
Tucarama P.X.
Parear, of Colem.
|
Malia dongor
|
Ditto
|
Vadem
|
Ditto
|
41 of 21-4-1952
|
10,400
|
|
152.
|
Kamlanata N.
Xetio, of Goa.
|
Batolem
Dramafalential
|
Ditto
|
Betqui
|
Ponda
|
42 of 21-4-1952
|
1,500
|
|
153.
|
Sociedade Timblo
Irmaos Ltd., of Margao.
|
Vagini dongor or
Vagini Tembo
|
Ditto
|
Salginem
|
Sanguem
|
44 of 5-5-1952
|
3,200
|
|
154.
|
Sociedade Timblo
Irmaos Ltd., of Margao.
|
Cormolem &
Brog
|
Ditto
|
Cudnem
|
Bicholim
|
45 of 5-5-1952
|
5,800
|
|
155.
|
Joao Santana
Gomes, Margao.
|
Bomaoatto
|
Ditto
|
Malauli
|
Satari
|
46 of 5-5-1952
|
5,100
|
|
156.
|
Joao Hugo Eduardo
Sequeira, of Goa.
|
Chiudiadvona, etc.
|
Ditto
|
Darbandora
|
Sanguem
|
47 of 5-5-1952
|
14,300
|
|
157.
|
Xec. Mohamed
Issac, of Sanguem.
|
Undirgala or
Temacheavadiachem advona, etc.
|
Ditto
|
Cotarli
|
Ditto
|
48 of 30-5-1952
|
5,000
|
|
158.
|
Firm S. Kantilal &
Cia. Ltd., of Margao.
|
Nansaconda or
Nassaconda
|
Ditto
|
Naiquinim
|
Ditto
|
50 of 2-6-1952
|
6,900
|
|
159.
|
Roguvir Sinai
Garco, of S. Lourenco de Agacaim.
|
Cazreanchem Culnae
Adj.
|
Iron
|
Cudnem
|
Bicholim
|
51 of 6-6-1952
|
11,400
|
|
160.
|
Raia Dotu S. Lade,
Sanvordem.
|
Navelem dongor
|
Fe/Mang
|
Curpem
|
Sanguem
|
53 of 13-6-1952
|
4,500
|
|
161.
|
Raia Porobo
Baticar, Sanguem.
|
Perchotembo
|
Ditto
|
Batie Cumbari
|
Ditto
|
54 of 13-6-1952
|
6,000
|
|
162.
|
Shantilal
Khushaldas & Bros., of Margao.
|
Rumadolem
|
Ditto
|
Curdi
|
Ditto
|
55 of 20-8-1952
|
13,200
|
|
163.
|
Visvasrao D.
Chowgule, Vasco da Gama.
|
Khirnim dongor
|
Ditto
|
Salginim
|
Ditto
|
584 of 11-7-1952
|
3,000
|
|
164.
|
Quexcwa Sinai
Cundo, of Margao.
|
Patiafala
|
Ditto
|
Colomba
|
Ditto
|
59 of 18-7-1952
|
14,000
|
|
165.
|
Firm S Kantilal &
Cia. Ltd., of Margao.
|
Asni dongor
|
Ditto
|
Curdi
|
Ditto
|
60 of 18-7-1952
|
6,300
|
|
166.
|
Firm S. Kantilal &
Cia. Ltd. of Margao.
|
Zamsodo or
Capiacodichem
|
Ditto
|
Bati & Cumbari
|
Ditto
|
61 of 18-7-1952
|
7,300
|
|
167.
|
Vassudeva Madeva
Salgaocar, of Vasco da Gama.
|
Matte Dando
|
Iron
|
Velguem
|
Bicholim
|
62b of 18-7-1952
|
7,600
|
|
168.
|
D.B. Bandodkar of
Panjim.
|
Ditto
|
Ditto
|
Ditto
|
Ditto
|
62 of 18-7-1952
|
7,000
|
|
169.
|
Atchuta Vishnu S.
Velingcar, of Velinga.
|
Vansvolatembo or
ximevoril dongor
|
Fe/Mang
|
Vichundrem &
Netorlim
|
Sanguem
|
67 of 18-8-1952
|
8,600
|
|
170.
|
Malbe Madeva S.R.
Sar Dessai of Verem.
|
Vitcantor
|
Ditto
|
Virdi
|
Bicholim
|
68 of 18-8-1952
|
14,000
|
|
171
|
Mingoa Sociedade
Mineira Goesa, of Goa.
|
Gurmel
|
Ditto
|
Codil of
Quirlapale
|
Sanguem
|
70 of 18-8-1952
|
14,300
|
|
172.
|
Firm Damodar
Mangalj. & Cia. Ltd. of Goa.
|
Zambol & terr.
adj.
|
Ditto
|
Villiena
|
Ditto
|
71 of 18-8-1952
|
4,300
|
|
173.
|
Sociedade Timblo
Irmaos Ltd. of Margao.
|
Debar, Tanca &
Aglote Sodo
|
Ditto
|
Aglote
|
Ditto
|
73 of 18-8-1952
|
13,800
|
|
174.
|
Sociedade Verencar
& Cia. Ltd., of Surla.
|
Dabo
|
Ditto
|
Surla
|
Bicholim
|
74 of 22-8-1952
|
14,300
|
|
175.
|
Voicun a Cadnekar
of Margao.
|
Chunimolo or
Gotifondatembo
|
Ditto
|
Colomba
|
Sanguem
|
75 of 29-8-1952
|
12,600
|
|
176.
|
Firm Sesa Goa
Ltd., Goa.
|
Orasso dongor
|
Iron
|
Adolpale
|
Bicholim
|
76 of 8-9-1952
|
14,200
|
|
177.
|
Firm V.M.
Salgaoncar & Irmoas Ltd., of Vasco da Gama.
|
Pet Pagedongor,
Bainem
|
Fe/Mang
|
Doro of Sanvordem
|
Sanguem
|
77 of 12-9-1952
|
8,600
|
|
178.
|
Soid Adam, of
Quepem
|
Deudongro
|
Ditto
|
Colomba
|
Ditto
|
78 of 19-9-1952
|
3,800
|
|
179.
|
Mineira
Prometadora Ltd., Netorlim.
|
Ereca
|
Ditto
|
Netorlim
|
Ditto
|
81 of 26-9-1952
|
5,200
|
|
180.
|
Roguvira S. Garco,
of S. Lourenco de Agacaim.
|
Pedamolla
|
Ditto
|
Colomba
|
Ditto
|
82 of 26-9-1952
|
14,300
|
|
181.
|
Firm V.M.
Salgaoncar & I. Ltd., of Vasco da Gama.
|
Mardando &
Barcati
|
Iron
|
Surla
|
Bicholim
|
83 of 26-9-1952
|
13,500
|
|
182.
|
Rajaram Narayan X.
Bandekar of Vasco da Gama.
|
Jaquel or
Jacadevicho dongor
|
Fe/Mang
|
Pale
|
Ditto
|
84 of 3-10-1952
|
14,300
|
|
183.
|
Mussa Usman Ali,
of Goa.
|
Gadichem Advona
|
Ditto
|
Curpem
|
Sanguem
|
85 of 10-10-1952
|
10,800
|
|
184.
|
Visnum S.
Curchorcar, of Chandor.
|
Moscaurem of
Cornol
|
Ditto
|
Rivona
|
Ditto
|
86 of 18-10-1952
|
13,700
|
|
185.
|
Firm V.S. Dempo &
Cia. Ltd., of Goa.
|
Chedeudongor &
Dardongor
|
Iron
|
Nuem
|
Canacona
|
87 of 13-10-1952
|
13,300
|
|
186.
|
Sociedade Timblo
Irmoas Ltd. of Margao.
|
Copila gaichem
Paul
|
Ditto
|
Sigao
|
Sanguem
|
88 of 7-11-1952
|
13,500
|
|
187.
|
Sociedade
Litheferro Ltd., of Mapusa.
|
Calsanichomoto de
Oilmol De vac hem udic & Golicoilo, etc.
|
Iron
|
Advolpale
|
Bicholim
|
89 of 7-11-1952
|
6,800
|
|
188.
|
Balkrishna Porob
Padgaoncar of Saligao.
|
Bamnavado e outros
|
Ditto
|
Latambarcem
|
Ditto
|
90 of 7-11-1952
|
7,100
|
|
189.
|
Babol Sanvlo N.
Tari of Sanguem.
|
Ambadasorvo
|
Fe/Mang
|
Cotarli &
Xeldem
|
Sanguem
|
91 of 7-11-1952
|
13,500
|
|
190.
|
Sociedade Timblo
Irmaos Ltd., of Margao.
|
Dignem
|
Iron
|
Cudnem
|
Bicholim
|
92 of 14-11-1952
|
5,800
|
|
191.
|
Firm Chowgule &
Cia. Ltd., of Marmagoa.
|
Monte Udo
|
Fe/Mang
|
Colemba
|
Sanguem
|
93 of 14-11-1952
|
10,600
|
|
192.
|
Firm V.S. Dempo &
Cia. Ltd., of Goa.
|
Marsoddo
|
Fe/Mang
|
Pissurlem
|
Satari
|
95 of 14-11-1952
|
14,200
|
|
193.
|
Firm S. Kantilal &
Cia. Ltd., of Margao.
|
Cajucodil mola,
Calia Mordi Magdiatemboe outter
|
Ditto
|
Viliena Bati
|
Sanguem
|
96 of 14-11-1952
|
4,600
|
|
194.
|
Balcrisna Bahirji
Patil, of Margao.
|
Sisso Calli
dongor, etc.
|
Ditto
|
Curpem
|
Ditto
|
97 of 5-12-1952
|
8,400
|
|
195.
|
Firm Chowgule &
Cia. Ltd., of Marmagoa.
|
Cazchemrame outros
ter adj.
|
Iron
|
Onda
|
Satari
|
98 of 5-12-1952
|
10,700
|
|
196.
|
Gangadhar
Narsingdas Agrwal, of Margao.
|
Borchem Daticho
Dongracho, etc.
|
Ditto
|
Sarvon
|
Vicholim
|
99 of 5-12-1952
|
14,300
|
|
197.
|
Gangadhar
Narsingdas Agrawal, of Margao.
|
Apteachea
Dativorli dongor
|
Ditto
|
Bordem
|
Ditto
|
100 of 5-12-1952
|
4,900
|
|
198.
|
Vamona Govinda
Sinde, of Mapusa.
|
Caratuti de
Deulvado
|
Fe/Mang
|
Morlem
|
Satari
|
102 of 15-12-1952
|
13,200
|
|
199.
|
Roguvira N.
Lotlecar, of Margao.
|
Paicatembo or
Cotlam da
|
Ditto
|
Netorlim
|
Sanguem
|
103 of 15-12-1952
|
7,900
|
|
200.
|
Viswasrao D.
Chowgule, of Vasco da Gama.
|
Toliachem advona
|
Ditto
|
Aglote
|
Ditto
|
1 of 9-1-1953
|
11,200
|
|
201.
|
Viswasrao D.
Chowgule, of Vasco da Gama.
|
Massana Moddi de
Cammolem dongor
|
Ditto
|
Candola
|
Ponda
|
2 of 9-1-1953
|
3,200
|
|
202.
|
Firm V.M.
Salgaocar Irmaos Ltd. of Vasco da Garaa.
|
Poicul of Congorem
|
Ditto
|
Melauli &
Conquirem
|
Satari
|
4 of 6-2-1953
|
11,400
|
|
203.
|
Martinho Coutinho
Cuncolim.
|
Sem
denominacaoespecial
|
Ditto
|
Tudou & Patiem
|
Sanguem
|
5 of 6-2-1953
|
13,600
|
|
204.
|
Crisna Mucunda
Camotim of Assolna.
|
Bencremdando &
Cadiabanda vorli dongor
|
Ditto
|
Jaqui of Netorlim
|
Ditto
|
6 of 6-2-1953
|
8,400
|
|
205.
|
Shantilal
Kushaldas & Bros, of Margao.
|
Magmepan &
Satarcarachem, etc.
|
Ditto
|
Maina
|
Quepem
|
9 of 13-2-1953
|
3,300
|
|
206.
|
Lidia Belinda
Simoes, of Goa.
|
Cotidongor
|
Ditto
|
Pirla
|
Ditto
|
10 of 13-2-1953
|
11,300
|
|
207.
|
Voicuma Canecar,
of Margao.
|
Bateagal or
Bateaxembugal
|
Fe/Mang
|
Maina
|
Quepem
|
12 of 20-2-1953
|
4,500
|
|
208.
|
Sociedade Timblo
Irmaos Ltd., of Margao.
|
Soddo
|
Iron
|
Surla
|
Bicholim
|
13 of 20-2-1953
|
12,700
|
|
209.
|
Sociedade Timblo
Irmoas Ltd., of Margao.
|
Quelchem Tour,
Tambdi Mati
|
Ditto
|
Cudnem
|
Ditto
|
14 of 20-2-1953
|
10,600
|
|
210.
|
Firm Oriente Ltd.,
of Margao.
|
Bibel Pata
|
Fe/Mang
|
Netorlim
|
Sanguem
|
15 of 2-3-1953
|
8,400
|
|
211.
|
Firm Damodar
Mangalji & Cia. (India) Ltd., of Goa.
|
Conquirem
Canvavoril dongor
|
Iron
|
Conquirem
|
Satari
|
18 of 6-3-1953
|
12,900
|
|
212.
|
Abdul Satar Abdul
Kadar Soudagar, of Margao.
|
Undradvona &
Odlotembo
|
Fe/Mang
|
Netorlim
|
Sanguem
|
20 of 6-3-1953
|
7,500
|
|
213.
|
Gangadhar
Narsingdas Agrawal, of Margao.
|
Passariatembo
|
Ditto
|
Colomba
|
Ditto
|
21 of 9-3-1953
|
4,900
|
|
214.
|
Damodar Jaganata
Amoncar, of Margao.
|
Ordolo dongor
|
Ditto
|
Sancordem
|
Ditto
|
22 of 13-3-1953
|
3,300
|
|
215.
|
Empresa Minero
Commercial de Goa Ltd., of Margao.
|
Choriancho tembo
dongor
|
Iron
|
Bombol of Colem
|
Sanguem
|
23 of 6-4-1953
|
13,200
|
|
216.
|
Joao Santana
Gomes, Junior of Margao.
|
Xelnemtembo,
Costiadvona
|
Fe/Mang
|
Aglote of
Sancordem
|
Ditto
|
25 of 10-4-1953
|
14,000
|
|
217.
|
Atchuta Panduronga
P. Dessai, of Netorlim.
|
Borcotea dongor
|
Ditto
|
Vichundrem
|
Ditto
|
26 of 13-4-1953
|
10,800
|
|
218.
|
Firm V.M.
Salgaocar & I. Ltd., of Vasco da Gama.
|
Tanque de Bonconem
|
Ditto
|
Aglote
|
Ditto
|
27 of 13-4-1953
|
11,200
|
|
219.
|
Narayan Ganesh
Prabhu Zantye Bicholim.
|
Ontichem ran or
Ponecanem & Bagaeta Ticana, etc.
|
Iron
|
Sarvona
|
Bicholim
|
28 of 24-4-1953
|
10,300
|
|
220.
|
Narayan Ganesh
Prabhu Zantye Bicholim.
|
Conosiavoril,
Gonesi achedativoril dongrachem Cutumbona, etc.
|
Fe/Mang
|
Ditto
|
Ditto
|
29 of 24-4-1953
|
11,300
|
|
221.
|
Sociedade Timblo
Irmaos Ltd., of Margao.
|
Bonvorfonditembo e
outros
|
Fe/Mang
|
Netorlim
|
Sanguem
|
30 of 24-4-1953
|
4,500
|
|
222.
|
Firm Chowgule &
Cia. Ltd., of Marmagoa.
|
Pale dongor
|
Iron
|
Pale
|
Bicholim
|
31 of 24-4-1953
|
12,000
|
|
223.
|
Narahari Shivram
X. Narvadednear of Goa.
|
Palietembo &
Baqueriz
|
Fe/Mang
|
Curdi
|
Sanguem
|
32 of 24-4-1953
|
9,800
|
|
224.
|
Firm Damodar
Mangalji & Cia., Ltd. of Goa.
|
Marsodo
|
|
Surla
|
Bicholim
|
33 of 24-4-1953
|
11,200
|
|
225.
|
Nalini Camotirn
Sancoalkar or Nalini Manohar Kamat, Cacora.
|
Metacodil
Anvlitembo
|
Ditto
|
Vadem &
Siggonem
|
Ditto
|
35 of 15-5-1953
|
4,400
|
|
226.
|
Esvonta Visnum P.
Raiturcar, of Margao.
|
Bagueatembo
|
Ditto
|
Netorlim
|
Ditto
|
36 of 15-5-1953
|
6,300
|
|
227.
|
Esvonta Visnum P.
Raiturcar, of Margao.
|
Murmeatembo of
Anvalicodop
|
Ditto
|
Curdi
|
Ditto
|
37 of 15-5-1953
|
4,600
|
|
228.
|
Marcos Marcelino
P. de Souza of Pilerne.
|
Sem denominacao
especial
|
Ditto
|
Mopa
|
Pernem
|
38 of 15-5-1953
|
9,400
|
|
229.
|
Lekhraj Nathurmal
of Goa.
|
Oilem Anvalem
|
Ditto
|
Arvalem
|
Bicholim
|
39 of 15-5-1953
|
12,300
|
|
230.
|
Xec Mahidin Xec
Daud, of Vasco da Gama.
|
Khoiricho dongor
|
Ditto
|
Sancordem
|
Sanguem
|
40 of 15-5-1953
|
4,800
|
|
231.
|
Vassantram
Ganpatram Mehta of Vasco da Gama.
|
Caliemola ou
Calzarigogo
|
Ditto
|
Colomba
|
Ditto
|
41 of 22-5-1953
|
9,900
|
|
232.
|
Firm Damodar
Mangalji & Cia., (India) Ltd., of Goa.
|
Oriemola
|
Ditto
|
Mocalem (Colem) |
Ditto
|
42 of 25-5-1952
|
10,000
|
|
233.
|
Xec Abdul Gofor,
Xec Abdul Aziz of Curchorem.
|
Oiteiro Divodgal
|
Ditto
|
Curpem & Curdi
|
Ditto
|
43 of 25-5-1953
|
4,900
|
|
234.
|
Vincente Joao
Filomeno Figueredo, of outulim.
|
Ganali dongor
|
Ditto
|
Varlem
|
Ditto
|
44 of 29-5-1953
|
6,700
|
|
235.
|
Jorge Anibal de
Matos sequeira, of Goa.
|
Gungurem Belagal,
etc.
|
Ditto
|
Mirancal
|
Ponda
|
46 of 1-6-1953
|
13,200
|
|
236.
|
Damodar Dundolica
Moncar, of Ponchovadi.
|
Bogvota Cumiatembo
|
Fe/Mang
|
Quiriapale
|
Sanguem
|
47 of 1-6-1953
|
9,100
|
|
237.
|
Sayad Issac, of
Sanguem.
|
Deucol Cunbasai
Escapaco
|
Ditto
|
Adcolna
|
Ponda
|
49 of 8-6-1953
|
11,300
|
|
238.
|
Firm V.M.
Salgaocar & India, Ltda., of Vasco da Gama.
|
Madiem
|
Ditto
|
Sigao
|
Sanguem
|
50 of 8-6-1953
|
6,900
|
|
239.
|
Sripada Voicunta
Naique of Bicholim.
|
Laquerem e outter
adj.
|
Ditto
|
Bordem
|
Bicholim
|
54 of 12-6-1953
|
9,700
|
|
240.
|
Zacarias Antao, of
Petalbatim.
|
Monte Iranqui
|
Ditto
|
Potrem
|
Sanguem
|
55 of 19-6-1953
|
11,300
|
|
241.
|
Firm Chowgule &
Cia. Ltda., of Vasco da Gama.
|
Khuntiemolem
|
Ditto
|
Sulcorna
|
Quepem
|
57 of 19-6-1953
|
14,200
|
|
242.
|
Vishvasrao D.
Chowgule, of Vasco da Gama.
|
Ganvancodiltod,
etc.
|
Ditto
|
Gavancodil
|
Satari
|
59 of 26-6-1953
|
12,200
|
|
243.
|
Surlaji Sinari
Cacodkar.
|
Cunliemola Buido
|
Ditto
|
Molcornem
|
Quepem
|
60 of 26-6-1953
|
13,800
|
|
244.
|
Sociedade Timblo
Irmaos Ltda., of Margao.
|
Bondradvona
Daucona & Tanca
|
Iron
|
Codli &
Darbandora
|
Sanguem
|
61 of 3-7-1953
|
11,800
|
|
245.
|
Sociedade Timblo
Irmaos Ltda., of Margao.
|
Zanodem Soda
|
Fe/Mang
|
Molcornem
|
Quepem
|
62 of 3-7-1953
|
13,300
|
|
246.
|
Sripada Voicunta
Naique, of Bicholim.
|
Medianchem ran or
etc.
|
Ditto
|
Cotorem
|
Satari
|
64 of 10-7-1953
|
11,000
|
|
247.
|
Firm Sesa Goa
Ltda., of Goa.
|
Potvol, Modlovado,
etc.
|
Ditto
|
Velgem
|
Ditto
|
65 of 17-7-1953
|
11,200
|
|
248.
|
Anibal Gabriel
Pereira of Margao.
|
Guladvona
|
Ditto
|
Codar
|
Ponda
|
67 of 17-7-1953
|
7,700
|
|
249.
|
Vicente Fernandes
of Merces.
|
Mortegal Mordi
|
Ditto
|
Uguem
|
Sanguem
|
68 of 17-7-1953
|
10,100
|
|
250.
|
Firm S. Kantilal &
Cia., Ltda., of Margao.
|
Dobacho Dongor e
ter, adj.
|
Ditto
|
Netorlim
|
Ditto
|
70 of 31-7-1953
|
3,200
|
|
251.
|
Vinaeca Naraina
Bandekar, of Panaji.
|
Dongorvdao &
Curdado
|
Ditto
|
Sancodem
|
Ditto
|
71 of 31-7-1953
|
11,500
|
|
252.
|
Jaganata
Crisnanala P. Mambro, Mapusa.
|
Gantcaracho Dongor
|
Fe/Mang
|
Bordem
|
Bicholim
|
72 of 10-8-1953
|
9,000
|
|
253.
|
Erasmo de Jesus
Sequcira, of Goa.
|
Qucgdicho Cono &
Toleachem Advona
|
Ditto
|
Cotorem
|
Satari
|
73 of 10-8-1953
|
13,300
|
|
254.
|
Crisna Butu
Saunto, of Borim.
|
Careadega Advona
|
Ditto
|
Codar
|
Ponda
|
75 of 10-8-1953
|
12,200
|
|
255.
|
Firm Damodar
Mangalji & Cia (I) Ltda., of Goa.
|
Biptamol
|
Ditto
|
Sanvordem
|
Sanguem
|
76 of 10-8-1953
|
3,200
|
|
256.
|
Nalini Camotim
Sancoalcar, of Cacova.
|
Tirtha
|
Ditto
|
Naroa
|
Bicholim
|
77 of 10-8-1953
|
14,000
|
|
257.
|
Rauji Raja Sinai
Quirtonim, of Goa.
|
Hedultembo
|
Iron
|
Pissurlem
|
Satari
|
80 of 14-8-1953
|
8,100
|
|
258.
|
Firm Shantilal K.
& Bros. of Margao.
|
Goiband Mattem
|
Fe/Mang
|
Velguem
|
Bicholim
|
81 of 28-8-1953
|
4,600
|
|
259.
|
Gasa Goa Ltda.,of
Margao.
|
Suctoli
Chimtecalavoril
|
Ditto
|
Sangod
|
Sanguem
|
82 of 28-8-1953
|
13,900
|
|
260.
|
Firm Damodar
Mangalji & Cia (I) Ltda., of Goa.
|
Solla
|
Ditto
|
Colomba
|
Ditto
|
84 of 28-8-1953
|
11,800
|
|
261.
|
Vassudeva Madeva
Salgaocar of Vasco da Gama.
|
Purmar and
Parvedhat, etc.
|
Iron
|
Pale
|
Bicholim
|
86 of 4-9-1953
|
13,600
|
|
262.
|
M/s. Sociedade
Timblo Iramao's Ltd., of Margao.
|
Advona Tolemata &
Caliguro
|
Ditto
|
Sigao
|
Sanguem
|
87 of 7-9-1953
|
7,200
|
|
263.
|
Sociedade Timblo
(I) Ltda., of Margao.
|
Cornol
|
Fe/Mang
|
Colomba
|
Ditto
|
88 of 11-9-1953
|
7,700
|
|
264.
|
Sociedade Timblo
(I) Ltda., of Margao.
|
Chanfiadongor
Vagantto
|
Ditto
|
Verlem
|
Ditto
|
89 of 11-9-1953
|
13,100
|
|
265.
|
Sociedade Timblo
(I) Ltda. of Margao.
|
Nassamordi e ter
adj.
|
Ditto
|
Salginem
|
Ditto
|
90 of 11-9-1953
|
13,000
|
|
266.
|
Sociedade Javerbai
& Cia. Ltd., of Margao.
|
Vegreagundo
|
Ditto
|
Maina
|
Quepem
|
91 of 11-9-1953
|
8,200
|
|
267.
|
Fulgencio
Francisco Monte, D'silva, Margao.
|
Dadiavoril Sodo,
etc.
|
Ditto
|
Xelpi of Birondem
|
Satari
|
92 of 11-9-1953
|
14,200
|
|
268.
|
Viswasrao D.
Chowgule, of Vasco da Gama.
|
Khind dongor &
Uro tembo
|
Iron
|
Vaguriem
|
Ditto
|
93 of 21-9-1953
|
8,900
|
|
269.
|
Motiram Data Gound
Olcar, of Margao.
|
Gudiemola
|
Fe/Mang
|
Nirancal
|
Ponda
|
95 of 2-10-1953
|
12,700
|
|
270.
|
Sociedade Timblo
(I) Ltda., of Margao.
|
Bonquivol of
Bonquivoladongor
|
Ditto
|
Rivona
|
Sanguem
|
96 of 2-10-1953
|
4,900
|
|
271.
|
Vassudeva M.
Salgaocar, of Vasco da Gama.
|
Calafondicho sodo,
etc.
|
Ditto
|
Sigao
|
Ditto
|
97 of 2-10-1953
|
8,600
|
|
272.
|
Sadassiva Sinai,
Gaitondo, of Goa.
|
Conatto
|
Iron
|
Surla
|
Bicholim
|
98 of 2-10-1953
|
14,200
|
|
273.
|
Rosario
Mascarrenhas of Xeivona Quepem.
|
Jacolichem
Battavoril dongor or Nagzor
|
Fe/Mang
|
Boma
|
Ponda
|
99 of 9-10-1953
|
5,900
|
|
274.
|
Raia Dotu sinai
Dade Sarvordem.
|
Can Vorem
Dongrachem advona or Navelim Dongrachem Palsona
|
Ditto
|
Canvorem of
Colomba
|
Sanguem
|
100 of 9-10-1953
|
3,200
|
|
275.
|
Balcrisna Bhairji,
of Margao.
|
Vagem
|
Ditto
|
Siroda
|
Ponda
|
102 of 9-10-1953
|
4,500
|
|
276.
|
Sripada Voicunta
Naique of Bicholim.
|
Godecondichem mola
|
Ditto
|
Bordem
|
Bicholim
|
104 of 16-10-1953
|
7,400
|
|
277.
|
Sripada Voicunta
Naique, of
|
Baga e Murvo ou
Borga Cudguichea, etc.
|
Ditto
|
Piligao
|
Ditto
|
105 of 16-10-1953
|
9,500
|
|
278.
|
Vishwasrao D.
Chowgule, of Vasco da Gama.
|
Ximechi Muddi
Sopandta
|
Iron
|
Surla
|
Ditto
|
106 of 16-10-1953
|
12,800
|
|
279.
|
Vishwasrao D.
Chowgule of Vasco da Gama.
|
Chicuchemmol
|
Ditto
|
Ditto
|
Ditto
|
107 of 16-10-1953
|
11,000
|
|
280.
|
V.N. Bandekar, of
Panaji.
|
Curado e Potcalem
|
Fe/Mang
|
Sancordem
|
Sanguem
|
108 of 16-10-1953
|
4,800
|
|
281.
|
Jose Cosme da
Costa, of Curtorim.
|
Govall
|
Iron
|
Pissurlem
|
Satari
|
110 of 16-10-1953
|
9,800
|
|
282.
|
Jaganata Genekar,
of Panda.
|
Godacho dongor
|
Fe/Mang
|
Dabolim of Siroda
|
Ponda
|
111 of 16-10-1953
|
7,900
|
|
283.
|
Ismail bin
adulaif, of Goa.
|
Santlaunem
|
Ditto
|
Sancordem
|
Sanguem
|
112 of 23-10-1953
|
14,100
|
|
284.
|
Firm V.M.
Salgeocar & Irmao Ltda., of Vasco da Gama.
|
Issoriem
Vanganavoril dongor
|
Iron
|
Melauli
|
Satari
|
115 of 30-10-1953
|
13,000
|
|
285.
|
Firm Chowgule &
Cia Ltda., Margao.
|
Bandavoril Tueda
|
Fe/Mang
|
Vagurbem
|
Ponda
|
116 of 30-10-1953
|
8,900
|
|
286.
|
Xec Cadar Xec
Usman, of Goa.
|
Carva Sorio Carva
Advona
|
Ditto
|
Vichundrem
|
Sanguem
|
120 of 2-11-1953
|
5,500
|
|
287.
|
Sociedade Timblo
Irmaos Ltda., of Margao.
|
Mata of Velquemcho
dongor
|
Iron
|
Velugem
|
Bicholim
|
121 of 13-11-1953
|
6,700
|
|
288.
|
Vincente Joao
Filomeno de Sequeiredo, of Loutulim.
|
Tarcem Moli
|
Fe/Mang
|
Quirlapalee Codli
|
Sanguem
|
123 of 4-12-1953
|
14,100
|
|
289.
|
Vincente Joao
Filomeno de Sequeredo, of Loutulim.
|
Codguicho Dongor
etc.
|
Ditto
|
Quirlapale
|
Ditto
|
124 of 4-12-1953
|
14,200
|
|
290.
|
Vincente Joao
Filomeno de Sequeiredo, of Loutulim.
|
Bigsorvo or
Bissorvo
|
Ditto
|
Cormonem
|
Ditto
|
125 of 4-12-1953
|
14,100
|
|
291.
|
Mingoa Sociedade
Mineira Goesa, of Goa.
|
Caodia Soddo
|
Iron
|
Codli
|
Ditto
|
126 of 4-12-1953
|
14,300
|
|
292.
|
Pundolica P. Xete
Narvencar, of Sanguem.
|
Gorbata e ter adj.
|
Fe/Mang
|
Salauli
|
Ditto
|
128 of 4-12-1953
|
6,400
|
|
293.
|
Pundolica P. Xete
Narvencar, Sanguem.
|
Ditto
|
Ditto
|
Ditto
|
Ditto
|
128 of 4-12-1953
|
6,400
|
|
294.
|
Sociedade Timblo
Irmao Ltda., of Margao.
|
Nosaforamentos
particulares de Dinacor Amencar
|
Ditto
|
Madapsi of Orgao
|
Ponda
|
130 of 18-12-1953
|
4,500
|
|
295.
|
Sociedade Timblo
Irmao Ltda., of Margao.
|
Bibiamordi
|
Ditto
|
Vichundrem
|
Sanguem
|
132 of 18-12-1953
|
13,600
|
|
296.
|
Sociedade Timblo
Irmao Ltda., of Margao.
|
Manbea Gudoe
Alvantini mollo
|
Ditto
|
Verlam
|
Ditto
|
133 of 18-12-1953
|
14,000
|
|
297.
|
Sociedade Timblo
Irmao Ltda., of Margao.
|
Navetem Dongor
|
Ditto
|
Salginem
|
Ditto
|
135 of 18-12-1953
|
9,400
|
|
298.
|
Sociedade Timblo
Irmao Ltda., of Margao.
|
Chanfeadongor
|
Ditto
|
Verlem
|
Ditto
|
137 of 18-12-1953
|
14,300
|
|
299.
|
Sociedade Timblo
Irmao Ltda., of Margao.
|
Pigadapada
|
Ditto
|
Verlem of Netorlim
|
Ditto
|
138 of 18-12-1953
|
13,600
|
|
300.
|
Sociedade Timblo
Irmao Ltda., of Margao.
|
Murmunem
|
Ditto
|
Melauli
|
Satari
|
139 of 18-12-1953
|
13,200
|
|
301.
|
Sociedade Timblo
Irmao Ltda., of Margao.
|
Ghottimolli
|
Ditto
|
Surla
|
Bicholim
|
140 of 18-12-1953
|
6,700
|
|
302.
|
Firm Oriente
Limitada, of Margao.
|
Soutigundo
|
Fe/Mang
|
Nanuz
|
Bicholim
|
141 of 18-12-1953
|
4,200
|
|
303.
|
Baburao Anta
Raicar, of Margao.
|
Temculi &
Santorem
|
Ditto
|
Siroda
|
Ponda
|
142 of 18-12-1953
|
4,400
|
|
304.
|
Sociedade Timhlo
Irmaos Ltda., of Margao.
|
Sailetembo
|
Iron
|
Sangod
|
Sanguem
|
143 of 18-12-1953
|
14,300
|
|
305.
|
Narahari Siuram
Shet Narvehkar, of Goa.
|
Vacanlitil Temculi
|
Fe/Mang
|
Vacoli of Cimada
|
Ponda
|
144 of 18-12-1953
|
12,200
|
|
306.
|
Vincente Jaso F.
de Figueirodo
|
Arvodem
|
Ditto
|
Loutulim
|
Salcete
|
1 of 4-1-1954
|
6,000
|
|
307.
|
Sucilabal Anatida
Keni of Goa.
|
Purnicoda &
Pevanchem Conn.
|
Ditto
|
Advoi
|
Satari
|
2 of 4-1-1954
|
5,600
|
|
308.
|
Mingoa Soc.
Mineira Goesa, SARL., of Goa.
|
Cancagalleu Tolope
Borchemtemb
|
Iron
|
Maulinguem
|
Bicholim
|
3 of 15-1-1954
|
4,600
|
|
309.
|
Mablu Saunto
Gaunco Dessai, of Xeldem
|
Fdutembo ou
Edumola
|
Fe/Mang
|
Bati
|
Sanguem
|
4 of 15-1-1954
|
12,700
|
|
310.
|
Firm V.S. Dempo &
Cia Ltda., of Goa.
|
Onvalienchi Math
|
Ditto
|
Onvaliem
|
Satari
|
5 of 22-1-1954
|
13,900
|
|
311.
|
Firm Shantilal
Kushaldas & Bros., of Margao.
|
Oxelavoril dongor
|
Ditto
|
Naundem
|
Sanguem
|
7 of 1-2-1954
|
2,500
|
|
312.
|
Raia Porobo
Baticar, of Sanguem.
|
Pedadongor
|
Ditto
|
Mangal
|
Quepem
|
8 of 5-2-1954
|
6,200
|
|
313.
|
Atchuta Visnum S
Velingcar, of Velinga.
|
Dovormeacodil
doirem e uts
|
Ditto
|
Rivona
|
Sanguem
|
11 of 16-2-1954
|
11,200
|
|
314.
|
Jorge Anibal de
Matos Sequeira, of Goa.
|
Chanfericho Advo
dongor
|
Ditto
|
Govaneni
|
Satari
|
12 of 16-2-1954
|
4,900
|
|
315.
|
Ramabai Ananta
Avde, of Quepem.
|
Moiandega e penota
|
Ditto
|
Curdi
|
Sanguem
|
13 of 19-2-1954
|
4,300
|
|
316.
|
Visnudas
Narotemdes, of Goa.
|
Raigodda Ambe
Botacho
|
Ditto
|
Ussopa
|
Bicholim
|
14 of 19-2-1954
|
12,800
|
|
317.
|
Vassudeva Madeva
Salgaocar, of Vasco da Gama.
|
Caraichem Mol,
Aforamento do Mourose Godeachi Mosone
|
Ditto
|
Siroda
|
Ponda
|
15 of 19-2-1954
|
7,000
|
|
318.
|
Sociedade Timblo
I. Ltda., of Margao.
|
Edumola ou
Visnumgal
|
Fe/Mang
|
Rivona
|
Sanguem
|
16 of 22-2-1954
|
13,800
|
|
319.
|
Sociedade Timblo
I. Ltda., of Margao.
|
Godmadongor Aram
Mordi
|
Ditto
|
Salginem
|
Ditto
|
17 of 22-2-1954
|
13,400
|
|
320.
|
Gangadhar
Naringdas Agrawal, of Margao.
|
Ambeacho-dongor
|
Ditto
|
Bordem
|
Bicholim
|
18 of 1-3-1954
|
6,700
|
|
321.
|
Roguvir Sinai
Garco, of Agacaim.
|
Culnamol or Culna.
|
Ditto
|
Tudou
|
Sanguem
|
19 of 1-3-1954
|
12,000
|
|
322.
|
Firma V. S. Dempo
& Cia Ltda., of Goa.
|
Onvaliechem
Paltona
|
Iron
|
Ouvaliem
|
Satari
|
20 of 5-3-1954
|
13,000
|
|
323.
|
Firm V.S. Dempo &
Cia Ltda., of Goa.
|
Tolpi e Mardando
|
Ditto
|
Cudnem e Surla
|
Bicholim
|
21 of 5-3-1954
|
9,400
|
|
324.
|
Voicunta
Srinivassa Dempo, of Goa.
|
Borcotem
|
Fe/Mang
|
Colem
|
Sanguem
|
22 of 5-3-1954
|
10,000
|
|
325.
|
Hari Visnum
Lotlecar, of Margao.
|
Vitalachem
Xetavorchi Maddi e Nila ula
|
Ditto
|
Talauli
|
Ditto
|
23 of 8-3-1954
|
9,700
|
|
326.
|
Vassudeva M.
Salgaocar, of Marmagao.
|
Pedichem Tour
|
Ditto
|
Vantem
|
Satari
|
25 of 19-3-1954
|
7,500
|
|
327.
|
Crispino
Rodrigues, of Sanguem.
|
Dando Cajumolaoilo
Soddo
|
Ditto
|
Muguli
|
Sanguem
|
27 of 22-3-1954
|
12,900
|
|
328.
|
Firma Shantilal
Kushaldas e Irmao of Margao.
|
Ponsivadivoril
Advona
|
Ditto
|
Aglote
|
Ditto
|
28 of 9-4-1954
|
3,300
|
|
329.
|
V.M. Salgaocare
Irmao, of Vasco da Gama.
|
Mardando
|
Iron
|
Surla
|
Bicholim
|
29 of 19-4-1954
|
10,500
|
|
330.
|
Firma Chowgule &
Cia Ltda., of Vasco da Gama.
|
Dongrado Goleacho
dongor Matae Carhal
|
Ditto
|
Nadora
|
Bardez
|
30 of 19-4-1954
|
11,200
|
|
331.
|
Viswasrao D.
Chowgule, of Vasco da Gama.
|
Semdenominacao
especial
|
Fe/Mang
|
Sancordem
|
Sanguem
|
31 of 4-6-1954
|
12,300
|
|
332.
|
Firma Caxinata D.
Naique Ltda., of Margao.
|
Suriagalivoril
Mordi
|
Ditto
|
Talauli
|
Ditto
|
32 of 23-7-1954
|
9,300
|
|
333.
|
Gangadhar N.
Agrawal, of Margao.
|
Culnamol e outros
terrenes
|
Ditto
|
Muguli
|
Ditto
|
33 of 6-6-1954
|
14,100
|
|
334.
|
Caetano Jose Hugo
V. Rodrigues, of Sanguem. guem.
|
Ambdeabuttiho
tembo or Penchem
|
Ditto
|
Salauli
|
Ditto
|
35 of 6-9-1954
|
11,800
|
|
335.
|
Minguel Santana T.
de Souza, of Sancdcuelim
|
Tambdeamaticho
tembo or navigal
|
Iron
|
Carapur
|
Bicholim
|
37 of 15-10-1954
|
6,700
|
|
336.
|
Firm Damodar
Nangaljie Irmoas Ltda., of Goa.
|
Baladongor
|
Fe/Mang
|
Candeapar
|
Ponda
|
38 of 18-10-1954
|
10,300
|
|
337.
|
Firm Shantilal
Kushaldas & Bros., of Margao.
|
Rameagolii talsaie
topiagal
|
Iron
|
Sancordem e
Darbandora
|
Sanguem
|
39 of 22-10-1954
|
8,000
|
|
338.
|
Firma V. S. Dempo
& Cia. Ltda., of Goa.
|
Sem denominacao
especial
|
Fe/Mang
|
Curpem
|
Ditto
|
40 of 22-10-1954
|
7,300
|
|
339.
|
Ailiabai Dessai,
of Goa.
|
Culna Soddo
|
Iron
|
Cormonem
|
Ditto
|
41 of 5-11-1954
|
11,800
|
|
340.
|
Sociedade Timbio
I. Ltda., of Margao.
|
Caximordid e
caxidongor
|
Fe/Mang
|
Salginem
|
Ditto
|
42 of 26-11-1954
|
7,400
|
|
341.
|
Firm S. Kantilal
Cia. & Ltda., of Margao.
|
Doro
|
Iron
|
Nanora de
Latambarcem
|
Bicholim
|
44 of 6-12-1954
|
13,400
|
|
342.
|
Bhalchandra A.
Avde, of Quepem.
|
Odamolla
|
Ditto
|
Sangod
|
Sanguem
|
45 of 6-12-1954
|
12,300
|
|
343.
|
Viswasrao D.
Chowgule, of Vasco da Gama.
|
Chinvor Ghol
|
Ditto
|
Pirna
|
Bardez
|
46 of 6-12-1954
|
14,200
|
|
344.
|
Vassudeva M.
Salgaocar, of Vasco da Gama.
|
Calafondicho
soddo, etc.
|
Ditto
|
Sigao
|
Sanguem
|
47 of 6-12-1954
|
8,100
|
|
345.
|
Salvador Femandes,
of Sanguem.
|
Gholl dongor
|
Fe/Mang
|
Curpem
|
Sanguem
|
48 of 6-12-1954
|
11,500
|
|
346.
|
Vassudeva M.
Salgaocar, of Marmagao.
|
Moitem Cumarvado
exaimartodd
|
Iron
|
Advolpale,
Latambarcem e Moitem
|
Bicholim
|
49 of 6-12-1954
|
8,600
|
|
347.
|
Firm Damodar
Mangalji & Cia. Ltda., Goa.
|
Ambevelem Boroda
|
Fe/Mang
|
Surla
|
Ditto
|
1 of 14-1-1955
|
4,200
|
|
348.
|
Vinaeca Naraina
Bandecar, Panaji.
|
Ocambo
|
Ditto
|
Piliem
|
Sanguem
|
2 of 14-1-1955
|
10,000
|
|
349.
|
Firm V. M.
Salgocar e Irmaos Ltda., of Vasco da Gama.
|
Datimola
|
Ditto
|
Sancordem
|
Ditto
|
3 of 31-1-1955
|
13,400
|
|
350.
|
Sociedade Marzok &
Cadar Ltda., of Margao.
|
Devachi Raim
|
Iron
|
Darbandora
|
Sanguem
|
4 of 7-2-1955
|
11,100
|
|
351.
|
Narandas Popotlal,
of Goa.
|
Countemdongor
|
Fe/Mang
|
Sigonem
|
Ditto
|
5 of 11-2-1955
|
8,800
|
|
352.
|
Sociedade Timblo
Irmao Ltda., of Margao.
|
Mareta ou
Marasoddo, etc.
|
Iron
|
Onda
|
Satari
|
6 of 18-2-1955
|
3,900
|
|
353.
|
Metelo X. Diniz.
|
Mandaadvona
|
Fe/Mang
|
Calem
|
Sanguem
|
8 of 26-3-1955
|
5,600
|
|
354.
|
Sociedade Mineinro
Goesa Ltda., of Goa.
|
Maulingtodcho
dongor
|
Iron
|
Maulinguem
|
Bicholim
|
9 of 2-4-1955
|
4,800
|
|
355.
|
Firma N. B. Kamat
& Filhos Ltda., of Margao.
|
Chanfericho advo
|
Fe/Mang
|
Malpona
|
Satari
|
10 of 16-4-1955
|
14,000
|
|
356.
|
Abubakar Noor
Mohamed (Buda Shet) of Panaji.
|
Sanvri batacho
sodo
|
Iron
|
Velguem
|
Bicholim
|
12 of 30-4-1955
|
5,000
|
|
357.
|
Firma V.M.
Salgaocar e Irmao Ltda., of Vasco da Gama.
|
Visnuporbachem
Ariagall Iron e Chondra Vito ba Dessai
|
Ditto
|
Sigaoe
|
Sanguem
|
13 of 30-4-1955
|
10,100
|
|
358.
|
Abubaker Noor
Mahomed (Budda Xete) of Goa.
|
Banastarime adacen
tes
|
Fe/Mang
|
Banastarim
|
Ponda
|
14 of 14-5-1955
|
3,200
|
|
359.
|
Francisco Xavier
Patrocinio Furtado, of Benaulim.
|
Tollem e Cazumodi
|
Ditto
|
Ambeli
|
Satari
|
15 of 21-5-1955
|
14,100
|
|
360.
|
Vassudeva Guiri
Quenim, of Goa.
|
Semdenomin acao
especial
|
Iron
|
Sonus Von Voliem
|
Ditto
|
16 of 18-6-1955
|
8,200
|
|
361.
|
Lidia Belinda
Simoes, of Goa.
|
Ponsanadongor
|
Fe/Mang
|
Codi
|
Sanguem
|
17 of 25-6-1955
|
14,300
|
|
362.
|
Firm V. M.
Salgaocar & Irmao Ltda., of Vasco da Gama.
|
Malpona
Vanganvoril dongor
|
Ditto
|
Malpona
|
Satari
|
18 of 2-7-1955
|
12,100
|
|
363.
|
Sociedade Timblo
Irmaos Ltd., of Margao.
|
Bondumollo
|
Iron
|
Molen
|
Sanguem
|
19 of 9-7-1955
|
14,200
|
|
364.
|
Sociedade Timblo
Irmaos Ltd., of Margao.
|
Siroli Culna
|
Ditto
|
Darban dora
|
Ditto
|
20 of 9-7-1955
|
14,100
|
|
365.
|
Sociedade Timblo
Irmaos Ltd., of Margao.
|
Ordosoddo
|
Ditto
|
Cormonem E Codli
|
Ditto
|
21 of 9-7-1955
|
14,000
|
|
366.
|
Sociedade Timblo
Irmaos Ltd., of Margao.
|
Odavoril tour
|
Ditto
|
Quirlapale
|
Ditto
|
22 of 9-7-1955
|
14,200
|
|
367.
|
Ramacrisna
Bandari, of Goa.
|
Unia dongor
|
Iron
|
Querim
|
Ponda
|
23 of 9-7-1955
|
10,300
|
|
368.
|
Caxinata
Panduronaga Xete Parcar, of Curchorem.
|
Vellem Poicul e
Daisaunto
|
Fe/Mang
|
Darbandora
|
Sanguem
|
25 of 9-7-1955
|
9,900
|
|
369.
|
Firma Sesa Goa
Ltda., of Goa.
|
Cajumolla, etc.
|
Ditto
|
Sancordem
|
Ditto
|
26 of 9-7-1955
|
6,200
|
|
370.
|
Firm S. Kantilal &
Cia. Ltda., of Margao.
|
Udolxem e Madia
vangana
|
Ditto
|
Ditto
|
Ditto
|
28 of 16-7-1955
|
13,900
|
|
371.
|
Atchuta Vishum S.
Velinga.
|
Lacavelem
Velingcar, of
|
Ditto uporgaovatta
|
Aglote
|
Ditto
|
29 of 23-7-1955
|
7,500
|
|
372.
|
Quessova Sinai
Cundo, of Margao.
|
Zorla ou Zolla
|
Ditto
|
Xellpem
|
Ditto
|
30 of 30-7-1955
|
7,100
|
|
373.
|
Firma Chowgule &
Cia. Ltda., of Vasco da Gama.
|
Dangarvado outroz
|
Iron
|
Gavanem
|
Satari
|
31 of 30-7-1955
|
14,100
|
|
374.
|
Fir Sesa Goa
Limiteda, of Goa.
|
Semdenom inacao
especial
|
Fe/Mang
|
Pirna Nadora
|
Bardez
|
32 of 30-6-1955
|
6,200
|
|
375.
|
Antonio Francisco
Sales de An-drade, of Sanguem.
|
Eduando ou mad
everin
|
Ditto
|
Tudou
|
Sanguem
|
33 of 6-8-1955
|
14,200
|
|
376.
|
Gajanan Panduranga
Xete Parcer.
|
Santonachi Upri
|
Iron
|
Dabal
|
Ditto
|
34 of 13-8-1955
|
14,100
|
|
377.
|
Sociedade Timbio
Irmaos Ltd., of Margao.
|
Mauco eatodichi
chi Nuli
|
Iron
|
Pale
|
Bicholim
|
35 of 13-8-1955
|
13,000
|
|
378.
|
Sociedade Timbio
Irmaos Ltd., of Margao.
|
UmoriemTican
|
Ditto
|
Surla
|
Surla
|
36 of 13-8-1955
|
5,100
|
|
379.
|
Sociedade Timbio
Irmaos Ltd., of Margao.
|
Kirmolachem
|
Iron
|
Ditto
|
Bicholim
|
37 of 13-8-1955
|
8,700
|
|
380.
|
Sociedade Mineira
Goesa Ltd., of Goa.
|
Millem dongor
|
Ditto
|
Darbonora
|
Sanguem
|
38 of 3-9-1955
|
14,300
|
|
381.
|
Sociedade Mineira
Goesa Ltd., of Goa.
|
Xirvolculna
|
Ditto
|
Ditto
|
Ditto
|
39 of 3-9-1955
|
17,800
|
|
382.
|
V. M. Salgaoncare
Irmaos Ltda., of Vasco da Gama.
|
Quella
|
Ditto
|
Tivim
|
Bardez
|
41 of 5-11-1955
|
11,000
|
|
383.
|
Caetano F.
Ciprianode Souza of Sanquelim.
|
Deulacodil tour
|
Fe/Mang
|
Nirancal
|
Ponda
|
1 of 18-1-1956
|
14,000
|
|
384.
|
Eurico da Silva de
Ataide e Teive de Noronha, of Porvorim.
|
Bicholicho Choll
|
Iron
|
Mahem
|
Bicholim
|
2 of 18-1-1956
|
14,100
|
|
385.
|
Firm V. M.
Salgaocar Irmaos Ltda., of Vasco da Gama.
|
Goteacho tembo
ougoteacho molli
|
Fe/Mang
|
Malpona
|
Satari
|
3 of 1-2-1956
|
14,300
|
|
386.
|
Shantilal
Khushaldas and Bros. of Margao.
|
Baburli sodo
|
Ditto
|
Cormonem
|
Sanguem
|
4 of 1-2-1956
|
14,300
|
|
387.
|
S. Kantilal &
Cia. Ltda., of Margao.
|
Niulitembo,
Fatratembo
|
Iron
|
Bati,Valcem
|
Ditto
|
5 of 8-2-1956
|
4,300
|
|
388.
|
Marcos Marcelino
P. de Souza, of Goa.
|
Gogal
|
Fe/Mang
|
Usgao
|
Bicholim
|
7 of 21-3-1956
|
14,000
|
|
389.
|
Badrudin
Hussenbhai Ramjee, of Goa.
|
Coro Pimpla codil
Borod, etc.
|
Iron
|
Bordem
|
Ditto
|
8 of 28-3-1956
|
3,200
|
|
390.
|
Shantilal
Kushaldas Bros., of Margao.
|
Aforamento de
Burculo Sounsar
|
Fe/Mang
|
Arvalem
|
Ditto
|
9 of 28-3-1956
|
10,600
|
|
391.
|
Gopinata Sinai
Garco, of Agacalm.
|
Gauntona ou
Undorna e cormal, etc.
|
Ditto
|
Molcornem
|
Quepem
|
11 of 11-4-1956
|
13,500
|
|
392.
|
Maria Anamatia V.
B. Mascarenhas Braganza, of Margao.
|
Mida
|
Ditto
|
Naiquinim
|
Sanguem
|
12 of 11-4-1956
|
7,500
|
|
393.
|
Jaising Maganalal,
of Goa.
|
Derguna
|
Ditto
|
Vagurim
|
Satari
|
14 of 11-4-1956
|
6,500
|
|
394.
|
Marzook Cadar
Ltda., of Margao.
|
Borgalie
|
Ditto
|
Colomba
|
Sanguem
|
18 of 18-4-1956
|
12,600
|
|
395.
|
Sociedade
Lithoferro Ltda., of Mapusa.
|
Deugotimolavoril
dongor
|
Iron
|
Sangod
|
Ditto
|
19 of 18-4-1956
|
12,100
|
|
396.
|
Hirabai Hegde, of
Margao.
|
Bencre dando
|
Fe/Mang
|
Cumbari
|
Ditto
|
20 of 25-4-1956
|
7,600
|
|
397.
|
Roguvir Naraina
Lotle ecar, of Margao.
|
Paicachi Zor, etc.
|
Ditto
|
Maina
|
Quepem
|
21 of 2-5-1956
|
8,600
|
|
398.
|
Roguvir Naraina
Lotle ecar, of Margao.
|
Zeme-Vain anchea
dongor
|
Ditto
|
Gangem
|
Satari
|
22 of 2-5-1956
|
13,900
|
|
399.
|
Roguvir Naraina
Lotle ecar, of Margao.
|
Lalbag ou Maticho
Zaga
|
Ditto
|
Carapur
|
Bicholim
|
23 of 2-5-1956
|
3,600
|
|
400.
|
Badrudin
Hussenbhai Ramjee, of Margao.
|
Evalem Deulamol
|
Fe/Mang
|
Costi
|
Sanguem
|
24 of 16-5-1956
|
13,000
|
|
401.
|
Sheik Kadar Sheik
Husman, of Goa.
|
Carpadegga etc.
|
Ditto
|
Codli
|
Ditto
|
25 of 16-5-1956
|
5,800
|
|
402.
|
Pedro Nolasco
D'Souza, of Vasco da Gama.
|
Vis a Vis de
estacao de ferro.
|
Iron
|
Colem
|
Ditto
|
27 of 27-6-1956
|
8,900
|
|
403.
|
S. Kantilal &
Cia. Ltda., of Margao.
|
Vilipiares
|
Ditto
|
Bati
|
Ditto
|
29A of 22-8-1956
|
14,100
|
|
404.
|
S. Kantilal &
Cia. Ltda., of Margao.
|
Gonsumoddi
|
Ditto
|
Ditto
|
Ditto
|
30 of 22-8-1956
|
12,100
|
|
405.
|
Vinaeca Naique of
Margao.
|
Madiencho Soddo
|
Ditto
|
Saigao
|
Ditto
|
31 of 22-8-1956
|
14,100
|
|
406.
|
Damodar Mangalji &
Cia. Ltda., of Goa.
|
Quitalmotta, etc.
|
Ditto
|
Arvalem
|
Bicholim
|
33 of 22-8-1956
|
14,000
|
|
407.
|
Damodar Mangalji &
Cia Ltda., of Goa.
|
Dob e adjacentes
|
Ditto
|
Saigao
|
Sanguem
|
34 of 22-8-1956
|
7,500
|
|
408.
|
S. Kantilal &
Cia Ltda., of Margao.
|
Bamanulcadem e
outres
|
Ditto
|
Talauli Cumbari e
Bati
|
Ditto
|
36 of 29-8-1956
|
14,000
|
|
409.
|
Vassudeva Madeva
Salgaocar of Vasco da Gama.
|
Aglotesoddo
|
Ditto
|
Aglote
|
Ditto
|
38 of 17-10-1956
|
4,300
|
|
410.
|
V. M. Salgaocar &
Bros. Pvt. Ltd.
|
Malpona Culnavoril
dongor
|
Ditto
|
Malpona
|
Satari
|
39 of 17-10-1956
|
7,700
|
|
411.
|
Firm V. M.
Salgaocar & I Ltda., of Vasco da Gama.
|
Gainvadd dongor
|
Ditto
|
Aglote
|
Sanguem
|
40 of 17-10-1956
|
13,500
|
|
412.
|
Chowgule &
Cia. Ltda., of Marmagao.
|
Cuntichem Tollem
|
Ditto
|
Ponocem
|
Satari
|
41 of 24-10-1956
|
9,900
|
|
413.
|
Roguvir Sinai
Garco, of Margao
|
Carcareatemba
|
Fe/Mang
|
Tudoru
|
Sanguem
|
42 of 24-10-1956
|
11,200
|
|
414.
|
Joao Hugo Eduardo
sequeira of Goa.
|
Tolpavaddo,etc.
|
Iron
|
Darbandora
|
Ditto
|
43 of 31-10-1956
|
14,300
|
|
415.
|
Firm V. M.
Salgaocar e Irmaos, of Vasco da Gama.
|
Surlavain ganacho
Vandivoril
|
Ditto
|
Aglote
|
Ditto
|
44 of 7-11-1956
|
13,300
|
|
416.
|
Avelino Francisco
Fernandes, of Curchorem.
|
Puma e Gogoli
|
Ditto
|
Costi e
Cananguinim
|
Ditto
|
45 of 12-12-1956
|
14,300
|
|
417.
|
Damodar Mangalji &
Cia. Ltd., of Goa.
|
Vaguna Kuddo
|
Iron
|
Dabal
|
Sanguem
|
46 of 12-12-1956
|
9,200
|
|
418.
|
Prakash Rajaram
Hede, of Goa
|
Moliem Mangaddo
|
Fe/Mang
|
Corlim
|
Goa
|
48 of 19-12-1956
|
10,200
|
|
419.
|
Firm S. Kantilal &
Cia. Ltda., of Margao.
|
Kariamola, etc.
|
Iron
|
Bati
|
Sanguem
|
49 of 19-12-1956
|
12,100
|
|
420.
|
Jorge Anibal de
Malos Sequeira of Goa.
|
Gorbatta
Mattideviculna
|
Fe/Mang
|
Maina
|
Quepem
|
50 of 19-12-1956
|
9,100
|
|
421.
|
Martinho Coutinho,
Cuncolim.
|
Ubeafatricho
dongor
|
Ditto
|
Pirla e Maina
|
Ditto
|
1 of 2-1-1957
|
9,200
|
|
422.
|
Roguvir S. Garco,
of Margao
|
Zamblimollacho
Soddo
|
Iron
|
Muguli
|
Sanguem
|
2 of 16-1-1957
|
13,000
|
|
423.
|
R.S. Garco, of
Margao.
|
Anvaliamola, etc.
|
Ditto
|
Patiem e Tudou
|
Ditto
|
3 of 28-1-1957
|
14,300
|
|
424.
|
Naraina R.X.
Amoncar, of Goa (Seguna Sitaram) Sirasat Legal heir).
|
Oileamola-voril
Soddo
|
Iron
|
Velguem
|
Satari
|
5 of 6-2-1957
|
12,400
|
|
425.
|
A tchuta Visnum
Sinai Velingcar, of Velinga.
|
Purso Boto e
Prediavoril Moddi
|
Fe/Mang
|
Rivona
|
Sanguem
|
6 of 6-2-1957
|
2,900
|
|
426.
|
Abdul Aziz Mohomed
Jalal, of Goa.
|
Xelpem e Adjacents
|
Ditto
|
Xeipem
|
Ditto
|
7 of 13-2-1957
|
12,800
|
|
427.
|
Jose Maximiano S.
O. Menezes Cota, of Agacaim.
|
Sem denominacao
especial
|
Ditto
|
Marna Assagao,
Cuchelim e Mapusa
|
Bardez
|
8 of 27-2-1957
|
13,900
|
|
428.
|
Shaik, Aiyula, of
Sanguem.
|
Oiteiro Matir,
etc.
|
Iron
|
Candola
|
Ponda
|
10 of 25-3-1957
|
13,600
|
|
429.
|
Firm Damodar
Mangalji & Cia. Ltda., of Goa.
|
Periudoc e
Masticulnachem Advona
|
Ditto
|
Santona
|
Sanguem
|
11 of 29-4-1957
|
9,300
|
|
430.
|
Firm Chowgule &
Cia. Ltda., of Mormugao.
|
Bozruguro predio
Pantovoril vall, etc.
|
Ditto
|
Costi Dudal
|
Ditto
|
12 of 29-4-1957
|
2,900
|
|
431.
|
Sociedada Timbio
Irmos Ltda., of Margao.
|
Carela e Dandia
dongor
|
Fe/Mang
|
Xelpem
|
Ditto
|
13 of 6-5-1957
|
10,000
|
|
432.
|
Francisco Cecilio
Jorge Sequira, of Goa.
|
Dolicho dongor e
ter. adjts
|
Ditto
|
Aturlie Naroa
|
Bicholim
|
14 of 6-5-1957
|
10,000
|
|
433.
|
Joaquim Antonio
Maria Baptista, of Silva.
|
Moticho Dongor
|
Fe/Mang
|
Nanuz Ganguem
|
Bicholim
|
18 of 13-5-1957
|
14,900
|
|
434.
|
Sociedade Timblo
Irmos Ltda., of Margao.
|
Davoscoramolo
Vaddo
|
Iron
|
Carapur
|
Ditto
|
18A of 20-5-1957
|
8,300
|
|
435.
|
Francisco Cecilio,
Jorge Sequeira, of Goa.
|
Predio Ambexim
|
Ditto
|
Pale
|
Ditto
|
19 of 20-5-1957
|
14,300
|
|
436.
|
Sociedade Timblo
Irmaos Ltda., of Margao.
|
Oiteiro
Fanascantem e Mas galicho soddo
|
Ditto
|
Quirlaple
|
Sanguem
|
20 of 20-5-1957
|
14,300
|
|
437.
|
Sociedade Timblo
Irmaos Ltda., of Margao.
|
Suriagal Murdi
|
Fe/Mang
|
Bati
|
Ditto
|
21 of 20-5-1957
|
8,500
|
|
438.
|
Sociedade Timblo
Irmaos Ltda., of Margao.
|
Cancamolla e
Halditembo
|
Ditto
|
Rivona
|
Ditto
|
22 of 20-5-1957
|
3,900
|
|
439.
|
Krishna Vamona
Keni, of Goa.
|
Don ou Dudo nem e
Polpi entre si ligades
|
Ditto
|
Nanora
|
Bicholim
|
23 of 20-5-1957
|
4,000
|
|
440.
|
Ramacanta Visnum
Sinai Velingcar, of Velinga.
|
Corpadega, Valuco
predio parna, etc.
|
Iron
|
Darbandora
|
Sanguem
|
24 of 3-6-1957
|
8,600
|
|
441.
|
Viswasra Dataji
Chowgule, of Marmagoa.
|
Conquichem Ran
|
Fe/Mang
|
Piocul e
Darbandora
|
Satari Sanguem
|
25 of 3-6-1957
|
10,800
|
|
442.
|
Firm Chowgule &
Cia Ltda., of Marmagoa.
|
Bimbol dongor e
ter adjits
|
Iron
|
Xelopo Curado
|
Satari
|
26 of 3-6-1957
|
14,300
|
|
443.
|
Mussa Xeque Usman,
of Goa.
|
Dudagal culna,
etc.
|
Ditto
|
Colem
|
Sanguem
|
27 of 3-6-1957
|
12,000
|
|
444.
|
Santana Fernandes,
of Margao.
|
Soddo
|
Ditto
|
Curtorim
|
Salcete
|
28 of 1-7-1957
|
14,300
|
|
445.
|
S.K. Kantilal &
Cia. Ltda., of Margao.
|
Carimol Charidimol
|
Ditto
|
Cumbari
|
Sanguem
|
31 of 12-8-1957
|
14,100
|
|
446.
|
S. Kantilal &
Cia. Ltda., of Margao.
|
Mudanrica
|
Ditto
|
Bati
|
Ditto
|
32 of 12-8-1957
|
16,700
|
|
447.
|
Roguvir Sinai
Garco, of S. Lourenoo.
|
Tolem Bibla,etc.
|
Ditto
|
Tudou
|
Ditto
|
33 of 12-8-1957
|
13,800
|
|
448.
|
Firm Shantilal
Kushaldas and Bros., of Margao.
|
Iranqui
|
Ditto
|
Potrem
|
Ditto
|
34 of 26-8-1957
|
7,600
|
|
449.
|
Ghanaxama Naraher
Thaker, Panji-Goa.
|
Tacaoilo
|
Ditto
|
Pissurlem e Onda
|
Satari
|
37 of 9-9-1957
|
5,500
|
|
450.
|
Firm Chowgule &
Cia. Ltda., of Margagoa.
|
Peguaca-Juncho
Tembo
|
Iron
|
Tudou
|
Sanguem
|
40 of 16-9-1957
|
11,500
|
|
451.
|
Firm Chowgule &
Cia Ltda., of Margagoa.
|
Moransoddo Motto
|
Ditto
|
Ditto
|
Ditto
|
42 of 16-9-1957
|
13,100
|
|
452.
|
Shri D.B.
Bandodkar, of Panaji.
|
Goteacodlo Cud
etc.
|
Fe/Mang
|
Codqui
|
Satari
|
43 of 30-9-1957
|
13,600
|
|
453.
|
Firm Damodar
Mangalji & Cia (I) Ltda., of Goa.
|
Madapoi, Moaon,
etc.
|
Iron
|
Oragao
|
Ponda
|
44 of 14-10-1957
|
6,000
|
|
454.
|
Firm Damodar
Mangalji A Cia (I) Ltda., of Goa.
|
Sancodecho Dando,
etc.
|
Fe/Mang
|
Cormonem
|
Sanguem
|
45 of 14-10-1957
|
13,500
|
|
455.
|
Hori P.
Curchorcar, of Goa.
|
Chafer, etc.
|
Iron
|
Querim
|
Ponda
|
47 of 14-10-1957
|
10,700
|
|
456.
|
Hori P.
Curchorcar, of Goa,
|
Canfendongor,etc.
|
Fe/Mang
|
Nirabaga
|
Sanguem
|
48 of 14-10-1957
|
13,700
|
|
457.
|
S. Kantilal &
Cia. Ltda., of Margao.
|
Kalledongor
|
Ditto
|
Dongor
|
Ditto
|
50 of 14-10-1957
|
13,900
|
|
458.
|
Roguvir Sinai
Garco, of Agacaim.
|
Cairik,
Colleanchemped, etc.
|
Iron
|
Bordem
|
Bicholim
|
59 of 9-12-1957
|
13,900
|
|
459.
|
Tilu Madeva Xete
parcar, of Ponda.
|
Godeasoddo e
outros
|
Ditto
|
Calem
|
Sanguem
|
60 of 16-12-1957
|
10,600
|
|
460.
|
Tito Trinidade P.
Moraes, of Cuncolim.
|
Dapotcachem
|
Fe/Mang
|
Curdi
|
Ditto
|
61 of 23-12-1957
|
14,300
|
|
461.
|
Francisco C. Jorge
Sequeria of Goa.
|
Baucui Connan
Dongor etc.
|
Iron
|
Maem
|
Bicholim
|
62 of 25-12-1957
|
12,700
|
|
462.
|
Francisco C. Jorge
Sequeria of Goa.
|
Vainguinim dongor
e outros
|
Ditto
|
Vainguinim
|
Ditto
|
63 of 25-12-957
|
14,000
|
|
463.
|
Vicente Fernandes,
of Merces
|
Talichem Molle
outers
|
Ditto
|
Davem
|
Satari
|
1 of 6-1-1958
|
14,300
|
|
464.
|
Joao Hugo Eduardo
Sequeira, of Goa.
|
Dangarvaddosu
Suraguinchi
|
Ditto
|
Ditto
|
Ditto
|
2 of 13-1-1958
|
13,000
|
|
465.
|
Joao HugoEduardo
Sequeira, of Goa.
|
Uro dongor e
Adjacentes
|
Ditto
|
Sanvordem
|
Ditto
|
3 of 13-1-1958
|
3,900
|
|
466.
|
Sociedade Marzook
& Cadar Ltda., of Vasco da Gama.
|
Nirancarichi
|
Ditto
|
Sonal
|
Ditto
|
4 of 13-1-1958
|
14,300
|
|
467.
|
Caetona Francisco
C. de Souza, of Sanguelim.
|
Vagler e outros
|
Ditto
|
Colem
|
Sanguem
|
7 of 20-1-1958
|
3,800
|
|
468.
|
Venctexa Ananta P.
Raicar, of Verem.
|
Cantor e Cantorli
etc.
|
Iron
|
Verem
|
Ponda
|
8 of 20-1-1958
|
14,300
|
|
469.
|
Nilconta Jaganata
Coulecar, of Goa.
|
Sera denominwo
especial
|
Ditto
|
Davem
|
Satari
|
10 of 3-2-1958
|
14,300
|
|
470.
|
Sitarama Atmarama
Naique, of Mapusa.
|
Karidongor e
outros
|
Fe/Mang
|
Begalim
|
Pernem
|
12 of 10-2-1958
|
14,300
|
|
471.
|
Shantaram, S.
Samat, of Panaji.
|
Hoticho ondeaworil
dongor.
|
Iron
|
Ladpern
|
Bicholim
|
13 of 24-2-1958
|
14,100
|
|
472.
|
Sociedade Timblo
Irmaos Ltda., of Margao.
|
Gaoteona e Dusri
fall
|
Ditto
|
Codil
|
Sanguem
|
14 of 24-2-1958
|
5,900
|
|
473.
|
Firma Damodar M.
(India) Ltda., of Goa.
|
Masticule nachem
Advona
|
Ditto
|
Santona
|
Ditto
|
15 of 3-3-1958
|
3,200
|
|
474.
|
Abdul Rajak,
Panaji.
|
Pongrea Holdim
|
Fe/Mang
|
Calm
|
Ditto
|
16 of 10-3-1958
|
14,300
|
|
475.
|
Tomas Caetano de
Sousa, of Raia,
|
Godecoe e
tar,adjts
|
Ditto
|
Ela
|
Goa
|
17 of 24-3-1958
|
13,800
|
|
476.
|
Sripad P. Dhungh
at of Margao.
|
Capila gaechem
Guedd.
|
Iron
|
Arvlem
|
Bicholim
|
18 of 9-5-1958
|
14,300
|
|
477.
|
Vivian Coutinho of
Margao.
|
Marsode achem Pal
sona
|
Ditto
|
Sons Vono liem
|
Satari
|
19 of 16-6-1958
|
9,600
|
|
478.
|
Ramakrishna
Bandari of Goa
|
Unia dongor e
adjacentes
|
Ditto
|
Querim
|
Ponda
|
21 of 13-6-1958
|
14,300
|
|
479.
|
Dorotia E. E.
Aldemira Pereira of Diwar.
|
Magititem b Mat
tidongor
|
Ditto
|
Ditto
|
Ditto
|
22 of 13-6-1958
|
14,300
|
|
480.
|
Raguvir Xamba
Naique, of Mapusa.
|
Todguevoril Mordi
|
Fe/Mang
|
Navelim
|
Bicholim
|
23 of 13-6-1958
|
14,200
|
|
481.
|
Viruparapa
Basappa, of Margao
|
Botvadie Vorvedeac
odil
|
Iron
|
Maem
|
Ditto
|
24 of 13-6-1958
|
14,300
|
|
482.
|
Shantilal
Kushaldas & Margao.
|
Aralimolacho
Bros., of Tembo
|
Ditto
|
Cananguinim
|
Quepem
|
27 of 21-7-1958
|
14,300
|
|
483.
|
Adolfo Patrocinio
E. Gomes of Margao.
|
Batimola e
Zemblisoddo
|
Ditto
|
Bati
|
Sanguem
|
28 of 28-7-1958
|
12,300
|
|
484.
|
Heramba Ragoba
Dolvi, of Pale.
|
Calguinicho Canno
|
Fe/Mang
|
Pale
|
Bicholim
|
30 of 28-7-1958
|
6,400
|
|
485.
|
Bahol Saunlo
Naique Tari, of Sanguem.
|
Choromoll e
adjacentes
|
Iron
|
Bati
|
Sanguem
|
31 of 28-7-1958
|
6,000
|
|
486.
|
Firm Shantilal
Kushaldas & Bros., of Margao.
|
Page mol e
Saunri-Moll
|
Iron
|
Ugem e Cotarli
|
Sanguem
|
33 of 11-8-1958
|
1,000
|
|
487.
|
Daiananda B.
Bandorcar, of Goa.
|
Sorvoi e
Ambleanchem Moll
|
Fe/Mang
|
Boma
|
Ponda
|
34 of 11-8-1958
|
14,300
|
|
488.
|
Daiananda B.
Bandorcar, of Goa.
|
Dolcachem Tolop
|
Iron
|
Mulgao
|
Bicholim
|
35 of 11-8-1958
|
13,000
|
|
489.
|
Firm V. M.
Salgaocar e Irmaos Ltda., of Vasco da Gama.
|
Foliadondongor
|
Ditto
|
Morlem
|
Satari
|
36 of 11-8-1958
|
14,100
|
|
490.
|
Firm V. M.
Salgaocar e Irmaos Ltda., of Vasco di Gama.
|
Unio de Zamboli
|
Ditto
|
Molem
|
Sanguem
|
37 of 11-8-1958
|
14,000
|
|
491.
|
Firm Sesa Goa
Ltda., of Goa.
|
Toleachi add etc.
|
Ditto
|
Arvelem
|
Bicholim
|
38 of 11-8-1958
|
14,300
|
|
492.
|
Firm Sesa Goa
Ltda., of Goa.
|
Ambaeculna
|
Ditto
|
Santona
|
Sanguem
|
39 of 11-8-1958
|
13,200
|
|
493.
|
Vassudeva M.
Salgaocar, of Vasco da Gama.
|
Kalascondichem
etc.
|
Ditto
|
Latambarcem e
sataro Onda
|
Bicholim
|
40 of 11-8-1958
|
14,200
|
|
494.
|
Vassudeva M.
Salgaocar, of Vasco da Gama.
|
Durgea pan ou
Durgaso
|
Fe/Mang
|
Curpem
|
Sanguem
|
41 of 29-8-1958
|
10,300
|
|
495.
|
Vassudeva M.
Salgaocar, of Vasco da Gama.
|
Padispo-nnos
Taria-Voilem etc.
|
Iron
|
Sancor dem
|
Ditto
|
42 of 29-8-1958
|
14,300
|
|
496.
|
Vassudeva M.
Salgaocar, of Vasco da Gama.
|
Coirim olavoril
advena
|
Ditto
|
Sigao
|
Ditto
|
43 of 29-8-1958
|
8,300
|
|
497.
|
Vassudeva M.
Salgaocar, of Vasco da Gama.
|
Cotgui nem, Va
guriem e Deus uam
|
Ditto
|
Melauli
|
Satari
|
44 of 29-8-1958
|
13,500
|
|
498.
|
Vassudeva M.
Salgaocar, of Vasco da Gama.
|
Agapuri xeta
|
Fe/Mang
|
Amona
|
Bicholim
|
45 of 29-8-1958
|
5,000
|
|
499.
|
Firm V. M.
Salgaocar e Irmaos Ltda., of Vasco da Gama.
|
Gulapa slacho
temb, etc.
|
Iron
|
Melauli
|
Satari
|
46 of 29-8-1958
|
14,200
|
|
500.
|
Caxinata Deu
Saupto Talaulicar, of Ponda.
|
Cormola chem Molle
Anio temb
|
Ditto
|
Cudnem
|
Bichotim
|
48 of 29-8-1958
|
14,000
|
|
501.
|
Firm V. M.
Salgaocar e Irmaos Ltda., of Vasco da Gama.
|
Xedichem Advona
|
Fe/Mang
|
Porie m e podoce
m.
|
Satari
|
47 of 29-8-1958
|
13,600
|
|
502.
|
Firm S. Kantilal &
Cia Ltda., of Margao.
|
Paicatem-bo e
adjacentes
|
Iron
|
Bati
|
Sanguem
|
49 of 12-9-1958
|
4,300
|
|
503.
|
Mohantal S. Rege,
of Quepem.
|
Cotuevade achi
tembo
|
Ditto
|
Colam
|
Ditto
|
50 of 12-9-1958
|
4,800
|
|
504.
|
Firm Chowgule and
Cia. Ltda., of Marmagoa.
|
Pateaoilo tembo,
Co ridongrac hem Palso na e adjacentes
|
Ditto
|
Ambeli
|
Satari
|
51 of 29-9-1958
|
14,300
|
|
505.
|
Firm Chowgule and
Cia Ltda., of Marmagoa.
|
Sastachoa dvo o
ter adjts
|
Ditto
|
Navelim Amona
|
Bicholim
|
52 of 22-9-1958
|
13,000
|
|
506.
|
Firm Chowgule and
Cia. Ltda., of Marmagoa.
|
Godemsod-ddo eter
adjts.
|
Ditto
|
Sigao Colem
|
Sanguem
|
53 of 22-9-1958
|
11,300
|
|
507.
|
Ismail Bin Abdul
Latif, of Goa.
|
Camarali e
adjacentes
|
Ditto
|
Codar
|
Ponda
|
55 of 22-9-1958
|
4,600
|
|
508.
|
Rodolfo Gomes, of
Margao
|
Tatode, Devichi
Rain etc.
|
Ditto
|
Darban dora
|
Sanguem
|
59 of 29-9-1958
|
12,500
|
|
509.
|
Mineria
Prometedo-ra Ltda., of Natorlim.
|
Bonquitem ba
|
Ditto
|
Vichundrem
|
Ditto
|
66 of 17-10-1958
|
14,200
|
|
510.
|
Vassudeva P. P.
Velguencar, of Curchorem.
|
Madtudad e ter,
adjts.
|
Ditto
|
Nirancal
|
Ponda
|
67 of 17-10-1958
|
5,100
|
|
511.
|
Firm Chowgule &
Cia Ltda., of Marmagao.
|
Godamsod-do Goule
vadd etc.
|
Ditto
|
Sigao
|
Sanguem
|
70 of 24-11-1958
|
8,700
|
|
512.
|
Firm Chowgule and
Cia Ltda., of Marmagoa.
|
Deunacho Dongor e
ter adjts
|
Ditto
|
Sanvordem
|
Satari
|
71 of 28-11-1958
|
8,200
|
|
513.
|
Firm Chowgule and
Cia Ltda., of Marmagoa.
|
Aldonaveddi e ter
adjts
|
Ditto
|
Maem
|
Bicholim
|
73 of 28-11-1958
|
14,300
|
|
514.
|
Gangadhar
Narsingdas Agrawal, of Margao.
|
Sem deno Minacao
especial
|
Ditto
|
Navelim
|
Ditto
|
74 of 28-11-1958
|
14,100
|
|
515.
|
Jaganata Ganecar,
of Goa.
|
Cupadongor adam
tembo etc.
|
Ditto
|
Sancordem
|
Sanguem
|
75 of 22-12-1958
|
14,000
|
|
516.
|
Firm Shantilal
Kushaldas & Bros., of Margao.
|
Novelim dar e ter
adjts
|
Fe/Mang
|
Arvalem
|
Bicholim
|
76 of 6-12-1958
|
5,500
|
|
517.
|
Vassudeva
Panduronga Velguencar, of Curchorem.
|
Morancho tembo
|
Iron
|
Sarvona
|
Bicholim
|
1 of 9-3-1959
|
11,000
|
|
518.
|
Ramakanta Rajarama
Panguincar, of Margao.
|
Datachem Fatrimola
etc.
|
Fe/Mang
|
Sangordem
|
Satari
|
3 of 23-3-1959
|
8,500
|
|
519.
|
D. Maria Georgina
Correia M.E. Lopes, of Goa.
|
Loban Molo
|
Iron
|
Poriem
|
Ditto
|
4 of 6-4-1959
|
12,500
|
|
520.
|
Rama Nilu Naique
of Carambolim.
|
Bindimo la e ter
adjts
|
Mang
|
Betqui
|
Ponda
|
5 of 27-4-959
|
7,700
|
|
521.
|
Pundolica Poi
Vernencar of Merces (c/o Manibai P. Varekar).
|
Ondolo e terrenos
adjts
|
Iron
|
Darbam andora
|
Sanguem
|
7 of 9-5-1959
|
4,100
|
|
522.
|
Sripada Gopinata
Carco, of Margao.
|
Marvan dega e ter
adjts
|
Ditto
|
Ditto
|
Ditto
|
8 of 9-5-1959
|
12,900
|
|
523.
|
Xembu Govinda
Sinai, Cuvelcar, of Goa.
|
Vatoli Mordi etc.
|
Fe/Mang
|
Curdi
|
Sanguem
|
11 of 9-5-1959
|
3,400
|
|
524.
|
Ranum Dottu P.
Loundo, of Goa.
|
Damonehemcho advo
e ter adj.
|
Iron
|
Damocem Guleli
|
Satari
|
14 of 9-5-1959
|
10,300
|
|
525.
|
Ranum Dottu P.
Loundo, of Goa.
|
Santone soddo e
ter adjits
|
Ditto
|
Advoi Paddoli
|
Ditto
|
15 of 9-5-1959
|
10,100
|
|
526.
|
Firm Damodar
Mangalji & Cia. Ltda., of Goa.
|
Cott e ter adjts
|
Iron
|
Betqui
|
Ponda
|
16 of 9-5-1959
|
9,600
|
|
527.
|
Jaganata C. Port
abo Mambro, of Mapusa.
|
Gantcarach dongor
|
Ditto
|
Bordem
|
Bicholim
|
17 of 9-5-1959
|
7,200
|
|
528.
|
Karachandra J.
Zarapcar, of Mapusa.
|
Querem Kapreacho
Tan Deugui
|
Mang
|
Chorao
|
Goa
|
18 of 9-5-1959
|
6,200
|
|
529.
|
Panduronga Sinai
Garco, of Margao.
|
Mortimolavoril
soddo e teri adjacentes
|
Iron
|
Conquirem
|
Satari
|
21 of 9-5-1959
|
12,500
|
|
530.
|
Tulxides Madeva
Xete Deulcar, of Calem.
|
Deugotimola,
Pilagal, Gogala etc.
|
Ditto
|
Maulinguem
|
Sanguem
|
22 of 8-6-1959
|
11,700
|
|
531.
|
Vinaeca Naique, of
Margao.
|
Carada, Binditemba
etc.
|
Ditto
|
Codar
|
Ponda
|
24 of 8-6-1959
|
13,400
|
|
532.
|
Antoni F. Querino
Gomes, of Cavellossim.
|
Margalicho soddo
etc.
|
Ditto
|
Calam
|
Sanguem
|
29 of 29-6-1959
|
14,300
|
|
533.
|
Narahari Siurama
X. Narvencar, of Goa.
|
Era Venganavoril
Mordi
|
Fe/Mang
|
Molcor nem
|
Quepem
|
30 of 29-6-1959
|
11,500
|
|
534.
|
Narahari Siurama
X. Narvencar, of Goa.
|
Ambeadoc e out ros
ter adj.
|
Iron
|
Santona Rumbrem
|
Sanguem
|
31 of 29-6-1959
|
13,000
|
|
535.
|
Sripada A. S.
Sanvo Sanvordencar, of Curchorem.
|
Tolichem advona e
ter adjts.
|
Ditto
|
Bandoli Codli
|
Ditto
|
33 of 29-6-1959
|
10,400
|
|
536.
|
Joaquim Milagres
Piedade Dias, of Goa.
|
Cott e parte de
Chinchecho etc.
|
Ditto
|
Priol
|
Ponda
|
35 of 29-6-1959
|
14,300
|
|
537.
|
Mucunda Sazu S.
Salelcar, of Sanguem.
|
Butermola Antre
mola Dudemol etc.
|
Ditto
|
Curdi
|
Sanguem
|
36 of 29-6-1959
|
13,800
|
|
538.
|
Firm V. S. Dempo &
Cia Ltda., of Goa
|
Rajabaga e
terrenos adjacentes
|
Fe/Mang
|
Cananguinim (Cola) |
Canacona
|
37 of 29-6-1959
|
14,300
|
|
539.
|
Shamilal Kushaldas
& Bros. Ltd., of Margao.
|
Duriamodi e
terrenos adacentes
|
Ditto
|
Antoriem
|
Sanguem
|
38 of 29-6-1959
|
11,000
|
|
540.
|
Sociedade Mineira
Explore dora, of Sanguem.
|
Cargal Tervole
Santonamorbi, etc.
|
Ditto
|
Muguti
|
Ditto
|
43 of 31-8-1959
|
14,300
|
|
541.
|
Narahari Siurama
X. Narvencar of Goa.
|
Mata Nacional,
Talsai, etc.
|
Ditto
|
Curdi
|
Ditto
|
44 of 31-8-1959
|
10,500
|
|
542.
|
Firm Mineira
Nacional Ltda., of Margao.
|
Pedicho soddo e
Bomachem Vadio soddo
|
Iron
|
Bonta e Cunooliem
|
Ponda
|
47 of 21-9-1959
|
12,200
|
|
543.
|
Xec Ayub, of
Sanguem.
|
Vagulped ou
Vaguemor di e ter adj.
|
Ditto
|
Curdi
|
Sanguem
|
49 of 21-9-1959
|
3,100
|
|
544.
|
Bascora Saguna
Corpe, of Valpoi.
|
Fofande, Cuzreacho
tembo Zorioilo dongor e ter adjts.
|
Fe/Mang
|
Massordem
|
Satari
|
50 of 21-9-1959
|
9,300
|
|
545.
|
Caximo Can Moraji
Can, of Margao.
|
Pondichi Mat e
golxi Dhat etc.
|
Iron
|
Anmona
|
Bicholem
|
52 of 21-9-1959
|
7,100
|
|
546.
|
Manoharlal Damodar
of Goa.
|
Oiteiro Tolto e
adjacents
|
Ditto
|
Att. Estavan
|
Goa
|
54 of 21-9-1959
|
4,600
|
|
547.
|
Sociedade
Lithoferro Ltda., of Mapusa,
|
Camanchem tembo e
ter adjts
|
Ditto
|
Pissusurlem
|
Satari
|
57 of 27-9-1959
|
14,300
|
|
548.
|
Sociedade
Lithoferro Ltda., of Mapusa
|
Matiecho donger e
eter adjts.
|
Ditto
|
Mololem
|
Sanguem
|
58 of 27-9-1959
|
14,300
|
|
549.
|
Ramcrisna Dattu
Porab Loundo, of Panaji.
|
Karut Umola
panorcem Anio temb etc.
|
Iron
|
Cudnem e e Navelim
|
Bicholem
|
59 of 27-9-1959
|
14,200
|
|
550.
|
Firm S. Kantilal &
Cia. Ltda., of Margao.
|
Poini Salauli e
ter adjacentes
|
Ditto
|
Selailauli
|
Sanguem
|
62 of 28-9-1959
|
12,500
|
|
551.
|
Firm Sesa Goa
Ltda., of Goa
|
Santona Vadi Soddo
e ter. adjts.
|
Ditto
|
Santona
|
Ditto
|
64 of 28-9-1959
|
14,100
|
|
552.
|
Sociedade S.
Kantilal & Cia. Ltda., of Margao.
|
Dignem soddo
Gantonamola
|
Ditto
|
Curdi
|
Ditto
|
65 of 28-9-1959
|
13,900
|
|
553.
|
Firm S. Kantilal &
Cia Ltda., of Margao.
|
Gogole Galli sorod
|
Ditto
|
Cumbari
|
Ditto
|
68 of 28-9-1959
|
3,300
|
|
554.
|
Mohanlal Vassudeva
Salgaocar, of Vasco da Gama.
|
Govindachi Gatti e
ter adjts.
|
Ditto
|
Fatorpa
|
Quepem
|
70 of 28-9-1959
|
14,300
|
|
555.
|
Lidia Bolinda
Simoes, of Goa.
|
Edumolavoril
dongri ou Cancuta.
|
Fe/Mang
|
Netorlim
|
Sanguem
|
71 of 28-9-1959
|
5,700
|
|
556.
|
Manohar Sinai
Quirtonim, of Margao.
|
Sem denominacao
especial
|
Iron
|
Colomba
|
Ditto
|
72 of 28-9-1959
|
14,300
|
|
557.
|
Karachandra
Janardana Zarapoar, of Mapusa.
|
Bomacanto Dob e
Matarimoli Deuguimol
|
Mang
|
Malauli e Agolte
|
Satari Sanguem
|
73 of 28-9-1959
|
7,400
|
|
558.
|
Belinda Simoes, of
Goa.
|
Devabaga e ter
adjts.
|
Iron
|
Caurem
|
Quepem
|
74 of 28-9-1959
|
11,900
|
|
559.
|
Rauji Raia
Quirtonim, of Goa.
|
Simeacha Molavoril
dongor etc.
|
Ditto
|
Guleli
|
Satari
|
76 of 7-10-1959
|
11,000
|
|
560.
|
Belinda Simoes, of
Goa.
|
Musfodavoril Mordi
e ter adjts.
|
Fe/Mang
|
Maina
|
Quepem
|
77 of 13-10-1959
|
13,600
|
|
561.
|
Firm Sesa Goa
Ltda., of Goa.
|
Casulem
Casuleancho Condo etc.
|
Ditto
|
Sancordem
|
Sanguem
|
78 of 13-10-1959
|
9,300
|
|
562.
|
Firm Sesa Goa
Ltda., of Goa.
|
Vagacho dongor
Marseanglacho etc.
|
Iron
|
Xelopa
|
Satari
|
79 of 7-10-1959
|
14,200
|
|
563.
|
Jaising Maganlal,
Panaji.
|
Careamol
|
Ditto
|
Pirla
|
Quepem
|
80 of 16-11-1959
|
14,200
|
|
564.
|
Naracinva
Purshottam, Suquercar, of Margao.
|
Coladongor
|
Fe/Mang
|
Piliem
|
Sanguem
|
81 of 16-11-1959
|
10,400
|
|
565.
|
Loximona Porobo
Concar, of Margao.
|
Doro ou
Camprempeda
|
Iron
|
Cuncoliem
|
Ponda
|
82 of 30-11-1959
|
13,200
|
|
566.
|
Vassudcva Madeva
Salgaocar, of Vasco da Gama.
|
Arunem e
Vandimalxeucar
|
Mang
|
Poriem e Moriem
|
Satari
|
83 of 14-12-1959
|
12,100
|
|
567.
|
Krisna Vamona
Keni. of Goa.
|
Vissanvarishi Dhat
etc.
|
Fe/Mang
|
Cuxirem
|
Ditto
|
84 of 14-12-1959
|
6,700
|
|
568.
|
Loximona Concar,
of Margao.
|
Pimpiamola
Chmeterichem advona Datrem
|
Iron
|
Dabal
|
Sanguem
|
85 of 14-12-1959
|
6,300
|
|
569.
|
Tulxidas Madeva
Deucar, of Calem.
|
Santona codil Raim
etc.
|
Ditto
|
Sircodem de Calem
|
Ditto
|
3 of 18-1-1960
|
14,000
|
|
570.
|
S. Kamilal &
Cia. Ltda., of Margao.
|
Matas de Sida
|
Ditto
|
Salauli
|
Ditto
|
5 of 29-1-1960
|
13,500
|
|
571.
|
Sesa Goa Ltda., of
Goa.
|
Nagonem Borod
|
Ditto
|
Colem
|
Ditto
|
6 of 29-10-1960
|
9,600
|
|
572.
|
Sesa Goa Ltda., of
Goa.
|
Bag Moitem de
Palvel e
|
Ditto
|
Advolpale Assonora
|
Bichoiim Bardes
|
7 of 5-2-1960
|
14,300
|
|
573.
|
Loximona Crisna
Baunto, of Ponda.
|
Sem denominacao
especial
|
Fe/Mang
|
Codar
|
Ponda
|
8 of 5-2-1960
|
14,100
|
|
574.
|
Sociedade Timblo
Irmaos Ltda., of Margao.
|
Cormolcantem
|
Iron
|
Colem Sigao
|
Sanguem
|
10 of 22-2-1960
|
10,700
|
|
575.
|
Rodolfo Gomes of
Margao.
|
Labala ou Dabala
|
Fe/Mang
|
Dabal e Nicancal
|
Ponda
|
12 of 22-2-1960
|
10,400
|
|
576.
|
Ananta Poi
Polondicar of Margao.
|
Sem denominacao
especial
|
Iron
|
Sircodem de Calem
|
Sanguem
|
11 of 22-2-1960
|
7,300
|
|
577.
|
Romeo lamartinho
Gomes, of Margao.
|
Piliem e Ocambo
|
Ditto
|
Darbandora
|
Ditto
|
13 of 22-2-1960
|
11,400
|
|
578.
|
Firm Damodar
Mangalji Cia. Ltda., of Goa.
|
Hoddo Codem
Bindisodo
|
Ditto
|
Cormonem Calem
|
Ditto
|
15 of 29-4-1960
|
14,300
|
|
579.
|
V. S. Dempo &
Cia. Ltda., of Goa.
|
Gorbaira Golacho
tembe
|
Ditto
|
Navelim e Surla
|
Bicholim
|
17 of 29-4-1960
|
10,100
|
|
580.
|
S. Kantilal &
Cia. Ltda., of Margao.
|
Madatembo e
Tolietembo
|
Ditto
|
Bati
|
Sanguem
|
20 of 17-6-1960
|
13,300
|
|
581.
|
Esvonta Govinda X.
of Colem.
|
Cordaho Voll,
Tiptachi Gali
|
Fe/Mang
|
Revora
|
Bardez
|
22 of 17-6-1960
|
3,900
|
|
582.
|
Raguvir
P.Pissurlekar of Mapusa.
|
Bindichi Goll
|
Iron
|
Vagalem
|
Satari
|
23 of 17-6-1960
|
11,600
|
|
583.
|
Shantilal
Kushaldas & Brothers Ltd., of Margao.
|
Tancamolavoilo
soddo
|
Ditto
|
Quirlapale
|
Sanguem
|
24 of 17-6-1960
|
4,200
|
|
584.
|
Rauji Raja Sinai
Quirtonim of Goa.
|
Cunneatulea
Xentatulo
|
Fe/Mang
|
Netorlim
|
Ditto
|
25 of 20-6-1960
|
9,500
|
|
585.
|
Damodar Mangalji &
Cia. Ltd., of Goa.
|
Teramola e Bandora
tembo
|
Iron
|
Codli
|
Ditto
|
26 of 22-8-1960
|
14,300
|
|
586.
|
Shantilal
Kushaldas & Bros. Ltd., of Margao.
|
Goinchem Molan
Cassal Gali
|
Fe/Mang
|
Curpem
|
Ditto
|
1 of 9-1-1961
|
4,700
|
|
587.
|
Xembu Govinda
Sinai Cuvelcar of Goa.
|
Pelembata e outros
|
Iron
|
Orgao e Tiurem
|
Ponda
|
3 of 10-2-1961
|
6,400
|
|
588.
|
Panduronga N.
Sanvordencar, of Sanvordem.
|
Sircodem Culna
|
Ditto
|
Sireedem
|
Sanguem
|
4 of 24-8-1961
|
8,100
|
|
589.
|
Gangadhar
Narsingdas Agrawal, of Margao.
|
Borchem mordi
|
Fe/Mang
|
Maina
|
Quepem
|
6 of 24-8-1961
|
14,300
|
|
590.
|
Cosme Simeao
Moraes, Cuncolim.
|
Satiasmoli e
Dongri
|
Iron
|
Maina e Colombo
|
Ditto Sanguem
|
7 of 30-8-1961
|
13,900
|
|
591.
|
Bhaskar Hari Dalvi
Pale.
|
Madachem bata
|
Ditto
|
Pale
|
Bicholim
|
8 of 30-8-1961
|
9,300
|
THE FIRST SHCEDULE
[See sections 4(2) , 6, 7 and 9(1)]
Details Of Mining Concessions Abolished And Declared As Mining Leases On And From A Date Subsequent To The Appointed Day
| | | | | | | | |
| --- | --- | --- | --- | --- | --- | --- | --- |
|
Sl.
No.
|
Name
of the concession holder and his residence
|
Denomination
of the mine
|
Nature
|
Situation
|
Number
and date of title
|
Date
of abolition and declaration of any mining lease
|
Amount
(in
Rs.)
|
|
|
|
|
|
Village
|
Taluka
|
|
|
|
|
1
|
2
|
3
|
4
|
5
|
6
|
7
|
8
|
9
|
|
1
|
Georgina
Filomeng de Figuiredo, of Loutulim
|
Predico
Oiteiral do Estadoe Outros
|
Fe/Mang
|
Colem
|
Sanguem
|
2 of
11-7-1963
|
12/07/63
|
11200
|
|
2
|
Vassudeva
Guiri Quenim of Goa
|
Culnasodd
e outros.
|
Iron
|
Bali
|
Quepem
|
3 of
11-7-1963
|
12/07/63
|
11200
|
|
3
|
Firma
Mineria Nacinol Ltd., of Margao
|
Vagmoloi
Perisodo
|
Fe/Mang
|
Curdi
|
Sanguem
|
4 of
11-7-1963
|
12/07/63
|
8200
|
|
4
|
Firma
Mineria Nacinol Ltd., of Margao
|
Namosmodi
|
Ditto
|
Ditto
|
Ditto
|
5 of
11-7-1963
|
12/07/63
|
9500
|
|
5
|
Companhia
Mineria Progresso limitada, of Sanguem
|
Morga
Foncul ou Chicolmolo
|
Ditto
|
Vichundrem
|
Ditto
|
6 of
11-7-1963
|
11/08/63
|
11600
|
|
65ba52b4ab84c7eca86eaf71 | acts |
State of Tamilnadu- Act
-------------------------
Tamil Nadu Uniform System of School Education Rules, 2010
-----------------------------------------------------------
TAMILNADU
India
Tamil Nadu Uniform System of School Education Rules, 2010
===========================================================
Rule TAMIL-NADU-UNIFORM-SYSTEM-OF-SCHOOL-EDUCATION-RULES-2010 of 2010
-----------------------------------------------------------------------
* Published on 4 March 2010
* Commenced on 4 March 2010
Tamil Nadu Uniform System of School Education Rules, 2010
Published vide Notification No. G.O. Ms. No. 49, School Education (Budget-1), 04.03.2010
Last Updated 22nd January, 2020
No. SRO A-9(a) /2010. - In exercise of the powers conferred by sub-section (1) of Section 17 of the Tamil Nadu Uniform System of School Education Act, 2010 (Tamil Nadu Act
8 of 2010
), the Governor of Tamil Nadu hereby makes the following rules:-
### 1. Short title and commencement.
(1) These rules may be called the Tamil Nadu Uniform System of School Education Rules, 2010.
(2) These rules shall come into force at once.
### 2. Medium of Instructions.
- The competent authority, while giving approval for the medium of instruction of a school under Section 4 of the Tamil Nadu Uniform System of School Education Act, 2010 (Tamil Nadu Act
8 of 2010
), shall be guided by the language formula adopted by the State of Tamil Nadu.
### 3. Quorum for meeting of the Board.
- One third of the total strength of the members of the Board shall be the quorum required for a meeting of the State Common Board of School Education.
|
65ba6cb7ab84c7eca86eb44c | acts |
Union of India - Act
----------------------
The Limestone and Dolomite Mines Labour Welfare Fund (Amendment) Act, 1982
----------------------------------------------------------------------------
UNION OF INDIA
India
The Limestone and Dolomite Mines Labour Welfare Fund (Amendment) Act, 1982
============================================================================
Act 70 of 1982
----------------
* Published in Gazette of India on 13 November 1982
* Not commenced
An Act to amend the Limestone and Dolomite Mines Labour Welfare Fund Act, 1972.
BE it enacted by Parliament in the Thirty-third Year of the Republic of India as follows:-
### 1. Short title.-
This Act may be called the Limestone and Dolomite Mines Labour Welfare Fund (Amendment) Act, 1982.
### 1. \* \* \* \* \*
### 1. Sections 2 to 7 rep. by Act 19 of 1988, s. 2 and the First Schedule (w.e.f. 31-3-1988). ###
2.
2-7-[Repealed.]
### 8. Validation.-
Notwithstanding any judgment, decree or order of any court, tribunal or other authority,-
(a) all duties of excise levied, assessed or collected or purported to have been levied, assessed or collected under the principal Act before the commencement of this Act shall, for all purposes, be deemed to be, and to have always been, as validly and effectively levied, assessed or collected as if the provisions of sections 3 and 4 of the principal Act as amended by sections 3 and 4 of this Act had been in force at all material times;
(b) no suit or proceeding shall be maintained or continued in any court for the refund of, and no enforcement shall be made by any court of any decree or order directing the refund of, any such duty of excise which had been collected and which would have been validly collected if the provisions of sections 3 and 4 of the principal Act, as amended by sections 3 and 4 of this Act, had been in force at all material times;
(c) refunds shall be made of all such duties of excise which have been collected but which would not have been so collected if the provisions of sections 3 and 4 of the principal Act, as amended by sections 3 and 4 of this Act, had been in force at all material times;
(d) recoveries shall be made of all such duties of excise which have not been collected or, as the case may be, which have been refunded but which would have been collected or, as the case may be, would not have been refunded if the provisions of sections 3 and 4 of the principal Act, as amended by sections 3 and 4 of this Act, had been in force at all material times.
Explanation.-For the removal of doubts, it is hereby declared that no act or omission on the part of any person, before the commencement of this Act, shall be punishable as an offence which would not have been so punishable if this Act had not come into force.
|
65ba5972ab84c7eca86eb082 | acts |
State of Tamilnadu- Act
-------------------------
Mappilla Succession Act, 1918
-------------------------------
TAMILNADU
India
Mappilla Succession Act, 1918
===============================
Act 1 of 1918
---------------
* Published on 3 May 1918
* Commenced on 3 May 1918
Mappilla Succession Act, 1918
(Tamil Nadu Act
1 of 1918
)
Statement of Objects and Reasons Mappilla Succession Act (
1 of 1918
). - During the last few years, there has been a feeling among the Mappillas of North Malabar and South Kanara, who are hitherto following the Marumakkattayam or the Aliyasantana Law of Inheritance, that their properties should, on their dying intestate, devolve on their own children under the ordinary Muhammadam Law, and not the children of their sisters. This feeling has been growing intense with the advance of civilization as people have begun to realise the interests of their own family apart from the interests of tarwad, which comprises a large number of families among its fold. This customary Marumakkattayam Law is not followed by the Mappillas of South Malabar who follow the ordinary Muhammadan Law of Inheritance. Further, the Marumakkattayam Law is opposed to the teaching and tenets laid down in the holy koran. The Marumakkattayam Law seems to have been originally borrowed from their Hindu neighbours. The Muhammadan community now feels the incongruity of the usage and looks upon the prevailing custom as a discredit to their religion and to their community. There has been a consensus of opinion in favour of the Bill, and the Bill will be a most popular measure as the Mappillas who follow the Marumakkattayam custom of inheritance are practically unanimous in their opinion. Government are convinced of the wishes of the Mappilla community in this respect, and have already expressed their welcome to a Bill designed to carry the wishes of the community into effect, through the Collector of Malabar.
The Bill is simple in itself and will apply only to the ordinary properties of a Muhammadan and will not apply to the tarwad properties, succession to which it is not proposed to disturb at present leaving them to devolve as usual under the existing law.
Please see Fort St. George, Gazette, dated the 21st March 1916, pages 497-498, which was withdrawn, see page 379 of ibid, dated the 27th February 1917 and ibid, dated the 10th April 1917, page 526 for the Bill as amended. For Proceedings in Council, see ibid, dated the 26th March 1918, pages 119-120, and ibid, dated the 11th June 1918, pages 433-434.
Received the assent of the Governor on the 3rd May 1918 and that of the Governor-General on the 25th May 1918 and the assent of the Governor-General was first published in the Fort St. George Gazette, dated the 11th June 1918.
An Act to amend and define the law of intestate succession among Mappillas governed by the Marumakkattayam or the Aliyasantana Law of Inheritance.
Whereas it is expedient to amend and define the rules of law applicable to intestate succession among Mappillas governed by the Marumakkattayam or the Aliyasantana Law of Inheritance; It is enacted as follows :-
### 1. Short title.
(1) This Act may be called the Mappilla Succession Act, 1918.
(2) [It extends]
[This Act was extended to the merged State of Pudukkottai by section 3 of, and the First Schedule to, the Tamil Nadu Merged States (Laws) Act, 1949 (Tamil Nadu Act XXXV of 1949). This Act was further 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), which came into force on the 1st April 1961 repealing the corresponding law in force in that territory.]
to the whole of the [State of Tamil Nadu]
[Substituted for the expression 'Presidency of Madras' by the Tamil Nadu Adaptation of Laws Order 1970, which was deemed to have come into force on the 14th January 1969.]
.
(3) It applies to Mappillas domiciled in the [State of Tamil Nadu]
[Substituted for the expression 'Presidency of Madras' by the Tamil Nadu Adaptation of Laws Order 1970, which was deemed to have come into force on the 14th January 1969.]
who are governed by the Marumakkattayam or the Aliyasantana Law of Inheritance, and also, in respect of immovable property situated within the [State of Tamil Nadu]
[Substituted for the expression 'Presidency of Madras' by the Tamil Nadu Adaptation of Laws Order 1970, which was deemed to have come into force on the 14th January 1969.]
, to Mappillas domiciled outside the [said State]
[Substituted for the words 'said Presidency' by paragraph 4 of, and the Schedule to, by the Tamil Nadu Adaptation of Laws Order 1970, which was deemed to have come into force on the 14th January 1969.]
who are so governed.
### 2. Property in respect to which a deceased mappilla is considered to have died intestate.
- A person is considered to die intestate in respect of all property of which he has not made a testamentary disposition capable of taking effect.
Explanation. - "Property" in this section does not include tarwad property unless the person dying intestate was exclusively entitled to it.
### 3. Devolution of such property.
- Such property shall, notwithstanding any custom to the contrary, devolve upon his heirs in the order and according to the rules of Muhammadan Law.
|
65b9ba66ab84c7eca86e9c54 | acts |
State of Rajasthan - Act
--------------------------
Rajasthan Relief of Agricultural Indebtedness Act, 1957
---------------------------------------------------------
RAJASTHAN
India
Rajasthan Relief of Agricultural Indebtedness Act, 1957
=========================================================
Act 28 of 1957
----------------
* Published on 21 September 1957
* Commenced on 21 September 1957
Rajasthan Relief of Agricultural Indebtedness Act, 1957
Rajasthan Act
No. 28 of 1957
### 019. Received the assent of the President on the 11 the day of September, 1957. Published in Rajasthan Gazette, Part IV-A, Ex-Ord., dated 21.9.1957. (w.e.f. 15.5.1958)
An Act to provide for the relief of agriculturists in the State of Rajasthan from indebtedness.
Whereas it is expedient, in the interests of the general public, to make provision for the relief of agriculturists in the State of Rajasthan From indebtedness;
Be it enacted by the Rajasthan State Legislature in the Eighth Year of the Republic of India as follows:
### 1. Short title, extent and commencement.
(1) This Act may be called the Rajasthan Relief of Agricultural Indebtedness Act, 1957.
(2) It extends to the whole of the State of Rajasthan.
(3) [ It shall come into force on such date as the State Government may, notification in the Official Gazette, appoint.]
[Come into force on the 15th day of May, 1958 vide Rev. Deptt. Notification No. F.1(1681) Rev./D/57 (Published in Rajasthan Gazette, Part IV-C, Ex.-Ord., dated 2.5.1957).]
### 2. Definitions.
In this Act, unless the subject or context otherwise requires,
(a) "agriculture" includes,
(i) the raising of annual or periodical crops and garden produce,
(ii) horticulture,
(iii) the planting and upkeep of orchards,
(iv) the reserving of land for fodder grazing or thatching grass; and
(v) the breeding of cattle, camels, sheep or goats;
(b) "agriculturist" means a person who earns his livelihood wholly or mainly from
(i) agriculture, or
(ii) rent from agricultural land, in case he belongs to any of the categories of persons mentioned in clauses (a) to (h) of sub-section (1) of section 46 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act
3 of 1955
),and includes a person who ordinarily engages in agricultural labour or who works as an agricultural artisan;
(bb) [ "bank" means a banking company as defined in section 5 of the Banking Companies Act, 1949 (Central Act 10 of 1949) and includes the State Bank of India and any other banking institution notified under section 51 of the said Act;]
[Inserted by Rajasthan Act No. 33 of 1960 (published in Rajasthan Gazette, Part-A Ex.-ord. dated 27.9.1960.)]
(c) "debt" includes all liabilities owing to a creditor in cash or king secured or unsecured, payable under a decree or order of a Civil Court or otherwise, whether due or not due, but shall not include land revenue or anything recoverable as land revenue other than liabilities payable under a decree of a village panchayat or any money for the recovery of which a suit is barred by limitation;
(cc) [ "debtor" means an agriculturist or a member of Scheduled Caste or a Scheduled Tribe who is liable for debts aggregating to one hundred rupees or more, exclusive of claims in respect of liabilities mentioned in section 4;]
[Inserted and shall be deemed to have been inserted with effect from 13.10.1961 vide section 2 of Rajasthan Act No. 9 of 1962 (published in Rajasthan Gazette, Part IV-A, Ex. Ord. dated 23.4.1962.]
(d) ["Debt Relief Court"]
[Debt Relief Courts have been established by Notification No. F.1(1681) Rev./D/57, dated 2.5.1958 (Published in Rajasthan Gazette. Part IV-C, dated 2.5.1958 as subsequently amended by Notification No. F.1(151)- LJ/B/60, dated 5.10.1960 (Published in Rajasthan Gazette, Part IV-C, dated 17.11.1960).]
means a debt relief court established under section 3;
(dd) [ "Scheduled Caste" means any of the castes, races or tribes, or parts of or groups within the castes, races to tribes, specified by the President under article 341 of the Constitution to be Scheduled Castes in relation to the State of Rajasthan;]
[Inserted by 9 of 1962 (w.e.f. 13.10.1963)]
| |
| --- |
|
Additional Information6
|
| |
| --- |
|
List Of Scheduled Castes
Throughout the State Except Ajmer Distt. Abu Area of Sirohi Distt. and Sunel Tappa Area of Jhalawar District
1. Adi Dharmi
2. Aheri
3. Badji
4. Bagri
5. Bairwa or Berwa
6. Bajgar
7. Balai
8. Bansphor
9. Bagri. Vagri or Birgi
10. Bawaria
11. Bedia or Beria
12. Bhand
13. Bhani
14. Bidakia
15. Bola
16. Chamar, Bhambhi, Jataia, Mochi, Raidass, Raiger or Ramdasia
17. Chanal
18. Chura
19. Dabgar
20. Dhankia
21. Dheda
22. Dome
23. Gangia
24. Garancha Mehtar or Ganoha
25. Garo, Ganaura or Gurda
26. Gavaria
27. Godhi
28. Jingar
29. Kalbelia
30. Kamad or Kamadia
31. Kanjar
32. Kapadia Sansi
33. Khangar
34. Khatik
35. Koli or Kori
36. Kooch Band
37. Koria
38. Kunjar
39. Madari or Bazigar
40. Majhabi
41. Megh or Meghwal
42. Mehra
43. Mehtar
44. Nat
45. Pasi
46. Rawal
47. Salvi
48. Sansi
49. Santia
50. Sarbhangi
51. Saragra
52. Singiwala
53. Thori or Navyak
54. Tirgar
55. Valmiki
In Ajmer District :
1. Aheri
2. Bagri
3. Balai
4. Bambhi
5. Bansphod
6. Baori
7. Bargi
8. Bazigar
9. Bhangi
10. Bidakia
11 . Chamar, Jatava, Jatia, Mochi or Raigar
12. Dabgar
13. Dhanak
14. Dhad
15. Dhobi
16. Dhoti
17. Dom
18. Garoda
19. Goncha
20. Kabirpanthi
21. Kalbelia
22. Khangar
23. Khatik
24. Koli
25. Koria
26. Kuchband
27. Mahar
28. Meghwal
29. Nat
30. Pasi
31. Rawal
32. Sarbhangi
33. Sargara
34. Satia
35. Thori
36. Tirgar
37. Kanjar
38. Sansi
In Abu Road Area of Sirohi District
1. Ager
2. Baked or Bant
3. Bhambi, Bhambhi, Asadaru, Asodia, Chamadia, Chamar, Chambhar, Chamgar, Haralayya, Harali, Khalpa, Machigar, Moohigeer, Madar Madig, Telegu Mochi, Kamati, Mochi, Ranigar, Rohidas, Rohit or Samgar.
4. Bhangi, Mehtar, Olgana, Rukhi, Malkana, Halalkhor, Laibegi, Balmiki, Korar or Zadamalli
5. Chalvadi
6. Chena Dasar or Holaya Dasar
7. Dhor, Kakkayya or Kankayya
8. Garoda or Garo
9. Halleer
10. Halsar, Halsar Hulasvar or Halaswar
11. Holar or Valhar
12. Holaya or Holdar
13. Lingader
14. Maher, Taral, Dhegu or Megu
15. Mahayavanshi, Dhed, Vankar or Meru Vankar
16. Mang, Matang or Minimadg
17. Mang, Charudi
18. Meghval or Meghvar
19. Mu kari
20. Nadia or Hadi
21. Pasi
22. Shenva, Chenva, Sedma or Ravat
23. Tirgar or Tirbanpa
24. Turi
Sunel Tappa Area Jhalawar District :
1. Bagri or Bagdi
2. Balai
3. Banohada
4. Barahar or Basod
5. Barghunda
6. Bedia
7. Bhangi or Mehtar
8. Bhanumati
9. Bhamar, Bairwa, Bhami, Jatav
10. Chidar
11. Dhanak
12. Dhed
13. Dom
14. Kanjar
15. Khatik
16. Koli or Kori
17. Kotwal
18. Mahar
19. Mang or Mang Garodi
20. Meghwal
21. Nat, Kalbelia or Sapera
22. Pasi
23. Pardhi
24. Sanse
25. Zamrat
(ddd) "Seheduled Tribe"means any of the Tribes or Triba, communities, or parts of or groups within the tribes or tribal communities specified by the president under Article 342 of the Constitution to be Scheduled Tribes in relation to the State of Rajasthan;
List Of Scheduled Tribes
Throughout the State Except Ajmer Distt. Abu Area of Sirohi Distt. and Sunel Area of Jhalawar District :
1. Bhil
2. Bhil Mina
3. Darner, Damaria
4. Garasia (excluding Rajput Garasia)
5. Mina
6. Sehria or Sahariya
In Ajmer District :
1. Bhil
2. Bhil Mina
In Abu area of Sirohi District :
1. Barda
2. Bavacha or Bamocha
3. Bhil (including Bhil Garasia), Dholi, Bhil, Dungri Bhil,. Dungri Garasia, Mewasi Bhil, Rawal Bhil, Tadvi Bhil, Bhagalia, Bhilala, Pawara, Nasava and Vasay.
4. Ghodhara
5. Dhanka (including Tadvi Tetaria and Valvi)
6. Dhodia
7. Dubia (including Talavia or Halpari)
8. Gamit or Gamta or Gavit (including Mavchi Padvi, Vasave and Valvi)
9. Ground or Raj Gond
10. Kothadi or Kathari (including Dhor Kathodia or Dhor Kathodia and Dhar Kathodia or son Rothari)
11. Kokna, Kokni, Kukna
12. Koli Dhor, Tokre Koli, Kolcha or Kolgha
13. Naikda or Nayaka (including cholivala Nayaka, Kapadia Nayaka, Mota Nayaka and Nana Nayaka)
14. Pardhi (including Advichincher and Phanse Pardhi)
15. Patelia
16. Pola
17. Rathawa
18. Varli
19. Vitoiia, Kotwalia or Barodia
In Sunel Tappa of Jhalawar District
1. Gond
2. Korku
3. Seharia
|
(e) [........]
[Ommitted by Rajasthan Act No. 33 of 1960 (Published in Rajasthan Gazette, part IV-A Ex.-Ord., dated 27.9.1960.]
(f) "State" means the State of Rajasthan as formed by section 10 of the State Re-organisation Act, 1956 (Central Act 37 of 1956);
(g) "Village Panchayat" means [a Nyaya panchayat]
[Ommitted by Rajasthan Act No. 33 of 1960 (Published in Rajasthan Gazette, part IV-A Ex.-Ord., dated 27.9.1960.]
established or deemed to be established under the [Rajasthan Panchayat Act, 1953]
Please now see Rajasthan Panchayati Raj Act, 1994 (
[13 of 1994
).]
(Rajasthan Act XXI of 1953).
### 2A. [ Application of Act to Scheduled Caste or Scheduled Tribes.
From such date as may be appointed in this behalf by the State Government by notification in the Official Gazette, the provisions of this Act shall also apply to all the members of the Scheduled Castes or Scheduled Tribes or both, wherever residing in the state in the same manner as they apply to agriculturists and the word 'agriculturist', wherever occurring in this Act, shall, unless the subject or context otherwise requires, be deemed to include a member of a Scheduled Caste or a Scheduled Tribe irrespective of whether or not he is an agriculturist within the meaning of clause (b) of section 2.]
[Inserted and shall be deemed to have been inserted with effect from 13.10.1961 vide section 3 of Rajasthan Act No. 9 of 1962 (Published in Rajasthan Gazette, Part 1V-A, Ex.-Ord., dated 23.4.1962).]
### 3. Establishment of Debt Relief Courts.
(1) Notwithstanding anything contained in the Rajasthan Civil Courts Ordinance, 1950 (Rajasthan Ordinance VII of 1950), the State Government may establish Debt Relief Courts with such jurisdiction, as it may determine and may appoint persons possessing the prescribed qualification to be judges of such courts.
### 4. Inapplicability of the Act in certain cases.
The provisions of this Act shall not effect claims due in respect of :
(a) rent as defined in clause (22) of section 5 of the Rajasthan Tenancy Act, 1955 (Rajasthan Act
3 of 1955
) ;
(b) any liability in respect of any sum due to any society registered or deemed to be registered under the [Rajasthan Co-operative Societies Act, 1953]
[Omitted by Rajasthan Act No. 33 of 1960 (Published in Rajasthan Gazette, Part IV-A, Ex.-Ord. dated 27.9.1960).]
(Rajasthan Act IV of 1953);
(c) any liability arising out of a breach to trust;
(d) any liability in respect of maintenance whether under a decree of a court or otherwise.
(e) any liability due to a [.......]
[Rajasthan Co-operative Societies Act, 1965 Repealed by Rajasthan Co-operative Societies Act, 2001 (Please see the New Act 2001).]
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Additional Information6
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[Scheduled Banks]
[Notification No. F.1(30) Co-op-II/65, dated 2.3.66 (Published in Rajasthan Gazette Ex.-Ord., Part IV-C. dated 2.3.1966.]
Notification. In exercise of the powers conferred by clause (e) of section 2 of the Reserve Bank of India Act, 1934 (Central Act 2 of 1934), the Government of Rajasthan hereby declare the Rajasthan State Industrial Co-operative Bank Ltd.. Jaipur to be a Central Co-operative Bank within the meaning of the said clause in addition to the following Central Co-operative Banks:
1. The Sikar Kendriya Sahakari Bank Ltd., Sikar.
2. The Central Co-operative Bank Ltd, Bikaner.
3. The Jaipur Central Co-operative Bank Ltd., Jaipur.
4. The Sawai Madhopur Central Co-operative Bank Ltd., Sawai Madhopur.
5. The Alwar Central Co-operative Bank Ltd., Alwar.
6. The Chittorgarh Kendriya Sahakari Bank Ltd., Chittorgarh.
7. The Kota Central Co-operative Bank Ltd., Kota.
8. The Udaipur Central Co-operative Bank Ltd., Udaipur.
9. The Tonk Central Co-operative Bank Ltd., Tonk.
10. The Pali Central Co-operative Bank Ltd., Pali.
11. The Banswara Central Co-operative Bank Ltd., Banswara.
12. The Ajmer Central Co-operative Bank Ltd., Ajmer.
13. The Ganganagar Kendriya Sahakari Bank Ltd., Gangangar.
14. The Jhunjhunu Kendriya Sahakari Bank Ltd., Jhunjhunu.
15. The Jhalawar Kendriya Sahakari Bank Ltd., Jhalawar.
16. The Sirohi Central Co-operative Bank Ltd., Sirohi.
17. The Dungarpur Kendriya Sahakari Bank Ltd., Dungarpur.
18. The Bhilwara Central Co-operative Bank Ltd., Bhilwara.
19. The Bharatpur Central Co-operative Bank Ltd., Bharatpur.
20. The Bundi Central Co-operative Bank Ltd., Bundi.
21. The Jodhpur Central Co-operative Bank Ltd., Jodhpur.
22. The Churu Central Co-operative Bank Ltd., Churu.
23. The Barmer Central Co-operative Bank Ltd., Barmer.
24. The Nagaur Central Co-operative Bank Ltd., Nagaur.
25. The Jalore Central Co-operative Bank Ltd., Jalore.
[Notification. In exercise of the powers conferred by clause (e) of section 2 of the Reserve Bank of India Act, 1934 (Central Act 2 of 1934), and in supersession of this department declaration of even number dated the 2nd March, 1966, the Government hereby declare the Rajasthan State Industrial Co-operative Bank Ltd., Jaipur to be a State Co-operative Bank within the meaning of the said clause, in addition to the Rajasthan State Co-operative Bank Ltd., Jaipur.]
[Notification No. F.1(30) Co-op-11/65, dated 12.1.66 (Published in Rajasthan Gazette Ex.-Ord., Part 1V-C, dated 11.8.1966.]
[Foreign Banks]
[American Express International Banking Corporation (Name altered See Gazette of India, Pt. 111. section 4. dated 30.3.1968, at page 132)]
Bank of China, Calcutta Bank of Tokyo
British Bank of Middle East
Chartered Bank
Comptoir National D'Escompte de Paris
Eastern Bank
First National City Bank of New York
General Bank of netherlands
Habib Bank
Hongkong and Shanghai Banking Corporation
Mercantile Bank
Mitsui Bank
National and Grindlays Banks
[National Bank of Pakistan]
[Dissolved. See Gazette of India, Pt.-III, Section 4, dated 8.1.1966 at page 96.]
Nationalised Banks
Allahabad Banks
Bank of Maharashtra, Poona
Central Bank of India
[Wank of Baroda.]
[Deleted by DBO No. 4 'Owl) C. 102/69 (Gazette of India, Pt.-III, Section 4, 1969 at page 702)]
Dena Bank, Bombay
Indian Bank, Madras
Indian Overseas Bank, Madras
Syndicate Bank
Union Bank of India, Bombay
United Bank of India
United Commercial Bank Ltd., Calcutta
Punjab National Bank
Bank of India, Bombay
Other Banks
Adodhia Bank, Fyzabad
Andhra Bank, Masulipatam
Bank of America National Trust and Savings Association
[Bank of Karad]
[Inserted, by 13130-No. 89/Ind/C-102-69, dated 5.6.1968]
[Bank of Kerala Ltd.]
[Inserted by DBO No. 89/Ind/C-102-68 (Gazette, of India. Pt,-111, Section 4, 1968 at page 190)]
Bank of Madura Ltd,. Madurai
Bank of Karnatak, Hubli Bank of Rajasthan, Udaipur
Bareilly Corporation (Bank) , Bareilly
Belgaum Bank
[Benaras State Bank]
[Deleted see Gazette of India, Pt-III 54, dated 1964 at page 213.]
Canara Bank
Canara Banking Corporation, Udipi
Canara Industrial and Banking Syndicate, Udipi
[Gatholic Syraian Bank Ltd., Trichur]
[Inserted by DBO 90/Incl./C-102-69 (Gazette of India, Pt.-III, Section 4, 1969 at page 501)]
[Federal Bank Ltd., Alwaye]
[Inserted by DBO 94/Ind./C-102-69 (Gazette of India, Pt.-III, Section 4, 1970 at page 514)]
Gadodia Bank, Bombay
Hindustan Commercial Bank, Cawnpore
Hindustan Mercantile Bank, Calcutta
[Industrial Development Bank of India]
[See Gazette of India, Pt.-11, Section 3(ii) , 1964 at page 4102.]
[J. and K. Bank Ltd., Sringar]
[See Gazette of India, Pt.-111, 1971 at page 2041.]
Karnani Industrial Bank
Karnataka Bank Ltd., Magalore
Karur Vysya Bank
Krishnaram Baldeo Bank (Private) Ltd., Gwalior
Kumbakonam Bank Ltd.
Lakshmi Commercial Bank
Lakshmi Vilas Bank Ltd., Karur
Miraj State Bank
Nadar Bank Tuticorin
[Nedgungadi Bank, Calicut.]
[deleted - See Gazette of India, Pt.-11, Section (i) , 1964 at page 1981.]
New Bank of India Ltd.
Oriental Bank of Commerce
Pandyan Bank
Punjab and Sind Bank, Amritsar
Punjab Co-operative Bank, Amritsar
[Punbachal Bank Ltd., Gauhati]
[Gazette of India, P1.-II, Section 3(H) , Extra at 1972 Page 1291]
Ratnakar Bank Ltd., Kolhapur
[Sangli Bank]
[Omitted-Gazette of India, Pt.-III, Section 4, 1964 at page 470.]
South India Bank, Tinnevelly
South Indian Bank Ltd., Trichur
State Bank of Hyderabad
State Bank of India
State Bank of Jaipur
State Bank of Patiala
State Bank of Saurashtra
Tenjore Permanent Bank Ltd., Tanjore
[Tamilnadu State Co-operative Bank Ltd., Madras
[See Gazette of India, 1973, Pt. III, Section. 4, 1967 at page 528.]
Trader's Bank Ltd.
Travancore Bank Ltd., Trivendrum Taluka
United Industrial Bank, Calcutta
[United Western Bank Ltd., Satara]
[Deleted by DBO No. 87/Excl./C/182-67, Gazette of India, Pt.-III, Section 4, 1967 at page 528.]
Vijaya Bank Ltd., Mangalore
Vysya Bank, Bangalore City
West Bengal Co-operative Bank Ltd., Calcutta.
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(f) arreares of wages or salary;
(g) any liability in respect of village profits or of land revenue arising between co-sharers and the lambardars or between a proprietor and a thekedar or a farmer of proprietory rights or between co-sharers in ijara and jagir villages;
(h) a mortagage claim against property in the hands of subsequent transferee who has taken the transfer in order to satisfy the mortgage;
(i) any liability arising between mortgagor and mortgagee in respect of land revenue of the mortgaged property which has been paid by the mortgage on behalf of the mortgagor;
(j) any revenue or tax payable to Government or any other sum of money due to Government by way of or towards repayment of loan or otherwise;
(k) any tax payable to a local authority and any other sum of money due to it by way of or towards repayment of a loan or otherwise.
### 5. [Abatement or stay of suit or insolvency petition.
[Substituted and shall be deemed ot have been substituted with effect from 13.10.1961 vide section 4 of Rajasthan Act No. 9 of 1962 (Published in Rajasthan Gazette, Part IV-A Ex.-Ord. dated 23.4.1962.]
(1) Whenever a suit. or an insolvency petition against a debtor shall have been brought or made and pending in a competent court and such debtor or the person who brought or made such suit or petition applies to such court in this behalf, the court shall:
(i) abate such suit or petition if it is satisfied on affidavit or otherwise that an application, to the Debt Relief Court under section 6 or section 6A has been made admitted and is pending, or
(ii) stay proceedings in such suit or application, if it is satisfied as aforesaid that the defendant or the opposite party, as the case may be is a debtor within the meaning of this Act:
Provided that, in the case of an application for stay under clause (ii) , the court shall fix a period, not exceeding ninety days, within while the application to the debt Relief Court shall be made.
(2) If any such suit or petition as is referred to in sub-section (1) shall have been pending
(i) against a member of a Scheduled Caste or a Scheduled Tribe, at the Date of the applicability of this Act to such caste or tribes appointed under section 2A and
(ii) In other case at the date of the commencement of this Act, an application for stay of proceedings under sub-section (1) may be made within six months of the date of such, applicability or such commencement, as the case may be.]
### 6. [Application to Debt Relief Court.
[Substituted vide section 5 of Rajasthan Act No. 9 of 1962 (Published in Rajasthan Gazette, part IV-A, Ex-ord. dated 23.4.1962.]
(1) Any debtor who is liable for debts individually or jointly with another person, may file an application before the Debt Relief Court having jurisdiction in the area in which he ordinarily resides or earns his liVelihood praying for the determination of his debts.
(2) Such an application praying for the determination of the debts, outstanding against a debtor, may also be filed by his creditor or his surety, whether such debtor is liable for such debts individually or jointly with another person.
(3) Every application under sub-section (1) or sub-section (2) shall be signed and verified in accordance with order VI, rule 15, of the first Schedule to the Code of Civil Procedure, 1908 (Central Act V of 1908) and shall contain the following particulars, namely:
(a) a statement that the debtor Is an agriculturist or a member of a Scheduled Caste or a Scheduled Tribe.
(b) the place where the normally resides,
(c) a statement of all his debts outstanding against him, including those referred to in section 4, as nearly as may be ascertainable and the names and addresses of his creditors,
(d) a statement of all his property, including claims due to him. together with a specification of the value of his property and the place or places at which any such property is to be found, and
(e) such other particulars, as may be prescribed;
(4) In cases covered by clause (ii) of sub-section (1) of section 5. all applications pending before Debt Relief Courts at the commencement of the Rajasthan Relief of Agricultural Indebtedness (Amendment) Ordinance, 1961 (Ordinance No. 7 of 1961), shall continue and be deemed to have been presented under this section.
(5) All applications pending before Debt Relief Courts at the commencement of the Rajasthan Relief of Agricultural Indebtedness (Amendment) Ordinance, 1961 (Ordinance No. 7 of 1961), shall continue and be deemed to have been presented under this section.
(6) The suit or insolvency petition in which proceeding may have been stayed under clause (ii) of sub-section (1) of section 5 shall abate
(i) if no such application as is referred to in sub-section (4) is filed, or
(ii) if such an application is admitted and notice of such admission has been received by the court concerned.
(7) If such an application is rejected, the debtor shall not be entitled to file another application in any Debt Relief Court and any proceedings stayed under sub-section (1) of section 5 shall be resumed.]
### 6A. Application for recording settlement.
(1) If any debtor and all or any of his creditors arrive at a settlement in respect of debt's due by the debtor to such creditors or creditors, the debtor or all or any of such creditors may, within thirty days from the date of such settlement, make an application to the Debt Relief Court having jurisdiction in the area in which the debtor ordinarily resides or earnes his livelihood, praying for recording such settlement.
[(2) Every such application shall be in the prescribed form and shall be signed and verified in the manner laid down in sub-section (3) of section 6.
(3) On receipt of such application, the creditor or the Court shall, after giving notice in the prescribed manner to the creditor or the debtor, as the case may be, and after making such inquiry as it thinks fit, record such settlement and certify the same if is satisfied that such settlement is bona fide and is not made with intent to defeat or delay any of the creditors of the debtor and is in the interest of the debtor. Every settlement so recorded and certified shall be binding and shall not be reopened.
(4) After the Debt Relief Court has recorded and certified a setlement under sub-section (3), it shall call upon the debtor to declare if there are any other debts due by the debtor which are not included in the settlement. If the debtor makes a declaration that there are no such debts, the court shall make an order in terms of the settlement.
(5) If the Court is satisfied, after recording and certifying such settlement, that there are also other debts due from the debtor which are not included in the settlement the court shall treat the application under sub-section (1) as having been admitted as an application under section 6.]
[Inserted and shall be deemed to have been inserted with effect from 13.10.1961 vide sections 5 and 7 of Rajasthan Act No. 9 of 1962 (Published in Rajasthan Gazette, Part IV-A, Ex-Ord., dated 23.41962.]
### 7. Preliminary procedure in proceedings under section 6.
Upon the admission of an application under section 6 [or section 6A]
[Inserted and shall be deemed to have been inserted with effect from 13.10.1961 vide sections 6 and 7 of Rajasthan of Act No. 9 of 1962 (Published in Rajasthan Gazette Part IV-A, Ex.-Ord. dated 23.4.1962.]
all creditors of the applicant, including those to whom any liability referred to in section 4 is, due, shall be joined as parties to the proceedings and Debt Relief Court shall pass an order fixing a date of hearing, shall cause notice of such date, together with a copy of the application, to be served on all such creditors of the applicant and shall cause copies of such notice and application to be affixed to the Court house.
### 8. Submission of claims by creditors.
(1) On or before the date fixed for the hearing of the creditors under section 7, which shall not be earlier than two months from the date of service of notice or of the issue of proclamation under Order, V, rule 20, of the First schedule to the Code of Civil procedure 1908 (Central Act V of 1908), every creditor shall submit a statement of his claim signed and verified in the manner prescribed by order VI, rule 15 of the first Schedule to the said Code, such Statement shall be submitted in person, by agent, by pleader or by registered post and every claim not so submitted deemed for all purposes and all occasions to have been. discharged as against such debtor or debtors:
Provided that, if the Debt Relief Court is satisfied that for good and sufficient cause any creditor was unable to submit his claims, it may extend the time upon such conditions, as to costs as it may think fit and may revive the claim.
(2) On the date on which the case is fixed for hearing, every creditor shall produce the documents in his possession or control on which he bases his claim. he shall also furnish a full and true statement of accounts of all previous transactions between him and his debtor leading to the claim and his account books or copies thereof, if any, in his possession or control. If such documents and statement are not produced at such hearing or at any adjourned hearing fixed for the purpose by Debt Relief Court, the Court may declare such claim to be discharged for all purposes and all occasions against such debtor or debtors :
Provided that, if the Debt Relief Court is satisfied that any creditor was, for good and sufficient cause, unable to produce such documents or statements, it may, on such condition as to costs as it may think fit, extent the date for the purpose and may revive the claim.
### 9. Debt Relief Court to require proof of validity and subsisting character of debts.
On the day fixed for the hearing of the case or on any subsequent day to which the hearing may be adjourned, the Debt Relief Court shall require proof of the validity and subsisting character of the debts.
### 10. Determination of debts.
(1) Notwithstanding anything contained in any enactment for the time being in force or in any agreement between the parties or the persons through whom they claim, as to allowing compound interest or treating without' an account the profits of mortgaged property to be interest on the mortgage money or specifying the mode of otherwise setting accounts, and notwithstanding any writing, statement or settlement of accounts or any agreement purporting to close previous dealings and create a new obligation, the Debt Relief Court shall:
(i) re-open all transactions carried on during [fifteen years]
[Substituted and Inserted and shall be deemed to have been Substituted and Inserted w.e.f. 13.10.1961 vide section 8 Rajasthan Act No. 9 of 1962 (Published in Rajasthan Gazette, Part IV-A, Ex-Ord., dated 23.1962]
immediately proceeding the last transaction or the first day of January, 1952, whichever is earlier,
(ii) ascertain the amount and date of each loan originally advanced, and
(iii) draw up an account, which, in case there are more creditors than one, shall be prepared separately for each of them in the manner laid down hereunder, namely:
(a) separate accounts of interest and principal shall be taken upto the date of the application filed under section 6 [or under sub-section (1) of section 6A, as the case may be.]
[Substituted and Inserted and shall be deemed to have been Substituted and Inserted w.e.f. 13.10.1961 vide section 8 Rajasthan Act No. 9 of 1962 (Published in Rajasthan Gazette, Part IV-A, Ex-Ord., dated 23.1962]
(b) in the account of principal moneys advanced, there shall be debited to the debtor such moneys, as may from time to time have been actually received by him or on his account from each creditor and the price of goods, if any, sold to the debtor, by such creditor, as part of the transaction :
Provided that there shall not be so debited to the debtor:
(i) any sum in excess of the amount due or to accure due under a decree which the debtor may have agreed directly or indirectly to pay in pursuance of any agreement relating to the satisfaction of such decree, or
(ii) any accumulated interest which has been converted into principal in any statement or settlement of accounts or by any contract made in the course of the transactions.
(c) in the account of interest, there shall be debited to the debtor simple interest on the balance of the principal moneys for the time being outstanding at the rate stipulated by the parties or, if the debt is payable under the decree or order of the Civil Court, at the rate provided for in such decree or order or at the rate of six percent per annum in the case of secured loans and nine per cent per annum in the case of unsecured loans, whichever is the lowest,.
(d) all moneys paid by or on account of the debtor to the creditor or on his account and of profits, services or other advantages of every description received by the creditor in the course of the transaction estimated, if necessary, at such money value as the Debt Relief Court in its discretion or with the aid of valuers appointed by it may determine, shall be credited first in the account of interest and, if any such payment or the money equivalent of any such profits, services or other advantages, exceeds the balance of interest due at the time it is made, the residue thereof shall be credited to the debtor in the account of principal moneys:
(e) if the aggregate of the amounts so credited in the account of interest is equal to the total amount of the principal, no further interest thereon shall be deemed to be due;
(f) If such aggregate is less than the total amount of the principal, further interest, if due in accordance with the provisions of clause (c), may be allowed to the maximum limit of the difference between such aggregate and the total amount of the principal:
(g) the Debt Relief Court shall, in the manner laid down in this sub-section and subject to the provisions of the succeeding sub-sections, determine and declare separately the amounts outstanding against the debtor as principal and interest.
(2) A Debt Relief Court shall reduce by forty percent, the principal amount of the loans advanced prior to the 1st of January, [1945]
[Substituted and Inserted and shall be deemed to have been Substitued and Inserted w.e.f. 13.10.1961 vide section 8 Rajasthan Act No. 9 of 1962 (Published in Rajasthan Gazette, Part IV-A, Ex-Ord. dated 23.4.1962.]
as found in accordance with the provisions of sub-section (1) to be due on the date of the application filed under section 6 [or under sub-section (1) of section 6A, as the case may be.]
(3) Notwithstanding anything contained in this Act or in any other law for the time being in force, no Debt Relief Court shall award on account of arrears of interest a sum exceeding the total amount of principal found due in accordance with the foregoing provision of the this section.
(4) If a Debt Relief Court finds that nothing is due to the creditor it shall pass an order discharging the debt.
(5) If the aggregate of the amounts credited in the account of interest in the manner laid down in sub-section (1) is less than the total amount of the principal, the difference between the total amount so credited and the total amount of the principal or the balance outstanding in the account of interest, whichever is less, shall be allowed as interest.
(6) Nothing contained in this Act shall be deemed to require the creditor to refund any some which has been paid to him or to increase the liability of the debtor to pay any amount in excess of that which would have been payable by him, if this Act had not been passed.
(7) In the case of any transaction carried on between a debtor and a creditor in kind in the form of grain or goods for the purpose of manure or seed or any other purpose, the account of such transactions shall be prepared in terms of the money equivalent of such grain or goods calculated at the market price thereof prevailing at the time of the transaction.
### 11. Preparation of a scheme of repayment and transfer of debtor's property.
(1) When the amount due has been determined under section 10 the Debt Relief Court shall after taking into account the liability of the debtor in respect of claims referred to in section 4, prepare a scheme of payment of the debtor's debts.
(2) If the debtor has transferable property which he is willing to transfer to enable him to repay the whole or any part of his Debts, the Debt Relief Court may sanction such transfer on such conditions as it may think necessary to impose in order to safeguard the rights of the creditors including those to whom any liability referred to in section 4 is due and may grant such reasonable time as is necessary for the debtor to transfer such property:
Provided that, when there iS any mortgage, lien or charge upon the property, such sanction shall be given only upon terms which will ensure that such mortgage, lien or charge shall subsist to such extent as is sufficient to safeguard the interests of the secured creditor:
Provided further that when a transfer has been agreed to before the Debt Relief Court by the parties to the proceedings and either party fails to complete the transaction within a period of sixty days, the court may take action, as far as may be, under Order XXI, rule 32 of the First Schedule to the Code of Civil Procedure, 1908 (Central Act V of 1908) :
(3) if, after the transfer of property, if any, under sub-section (2), the debts as determined under section 10 have not been satisfied, the Debt Relief Court shall fix instalments for the repayment of the remaining debts in such manner, as may be prescribed and may, in case of default, order payment of simple interest at a rate not exceeding four per cent, if the debt is unsecured and three percent if it is secured:
Provided that, if in the opinion of the Court, such debtor has unreasonably refused to transfer property in satisfaction of the whole or part of his debts, it may award a rate of interest not exceeding six percent per annum in the case of secured loans and nine percent per annum in the case of unsecured loans :
Provided further that, in fixing instalments, the Debt Relief Court shall have regard to the extent of the transferable property in the possession of the debtor and his paying capacity to be determined by rules made by the State Government in this behalf.
(4) When instalments have been fixed under the preceding sub-section, the Debt Relief Court shall draw up a final decree under its seal and signature of the Judge or Judges thereof and such decree shall be deemed to be a decree of the lowest Civil Court having jurisdiction over the local area in which the debtor ordinarily resides or earns his livelihood & shall be executable as such but no appeal shall lie therefrom nor shall lawyer's fee be taxed therein.
### 11A. [ Settlement during the pendency of proceedings.
notwithstanding anything contained in section 10 and 11, if during the pendency of the proceedings before a Debt Relief Court a settlement is arrived at between the debtor and all his creditors and if the Debt Relief Court is satisfied that the settlement has been made by the debtor voluntarily, and is for his benefit such court may make order in terms of such settlement.]
[Inserted and shall be deemed to have been inseted w.e.f. 13.10.1961 vide section 9 of Rajasthan Act No. 9 of 1962 (Published in Rajasthan Gazette, Part IV-A, Ex-ord. dated 23.4.1962.]
### 12. Suspension of payment of instalments.
When the land revenue or rent, as the case may be, due by the debtor is suspended or remitted in whole or part, the instalment shall be suspended and shall become payable one year after the last of the remaining instalments. No interest shall be charged on such suspended instalments.
### 13. Invalidity of transfer made by debtors in certain circumstances.
(1) No transfer of immovable property shall be valid if made by a debtor in respect of whose debts, proceedings are pending [under section 6 or section 6A, unless made with the sanction of the Debt Relief Court.]
[Substituted and shall be deemed to have been Substituted w.e.f. 13.10.1961 vide section 10 of Rajasthan Act No. 9 of 1962 (Published in Rajasthan Gazette, Part IV-A, Ex-ord, dated 23.4.1962).]
(2) Every transfer of immovable property made by a debtor, in respect of whose debts a scheme has been prepared under sub-section (1) of section 11, shall be void unless made with the sanction of the Collector within whose jurisdiction, the debtor ordinarily resides or earns his livelihood. The Collector shall not sanction any transfer of such property unless he is satisfied that such transfer will not defeat the claims of any creditors, the payment of whose claims has been ordered by such scheme.
### 14. Application of sections 49 and 50 and Order XXII of the Code of Civil Procedure.
If during the period for which the scheme prepared under section 11 is in force, the debtor or the creditor dies, the provisions of section 49 and 50 and Order XXII of the First Schedule of the Code of Civil Procedure, 1908 (Central Act V of 1908) shall, as far as may be, apply.
### 15. Act inapplicable to debt payments by insolvents.
Nothing contained in this Act shall apply to the debts payable by any person who has been adjudicated an insolvent prior to the commencement of this Act [or, in the case of a member of a Scheduled Caste or a Scheduled Tribe, prior to the applicability thereof under section 2A]
[Substituted and shall be deemed to have been Substituted w.e.f. 13.10.1961 vide sections 10 of Rajasthan Act No. 9 of 1962 (Published in Rajasthan Gazette, Part IV-A, Ex.-ord., dated 23.4.1962).]
, provided that the adjudication has been not annulled before or after such commencement [or applicability]
[Inserted and shall be deemed to have been Inserted w.e.f. 13.10.1961 vide sections 12 & 13 respectively of Rajasthan Act No. 9 of 1962 (Published in Rajasthan Gazette, Part IV-A, Ex.-ord., dated 23.4.1962).]
.
### 16. Application of Civil Court procedure to Debt Relief Court.
The Debt Relief Court, in regard to proceedings under this Act, shall so far as is practicable, have the same powers and shall follow the same procedure as it would have and follow, if it were a Court of Original Civil Jurisdiction.
### 17. Revision of order of Debt Relief Courts.
Any person aggrieved by an order of a Debt Relief Court may, within ninety days of such order, apply to the District Court for revision of the order on any of the following grounds:
(a) that the order is contrary to law;
(b) that the court has exercised a jurisdiction not vested unit by law or has failed to exercise a jurisdiction vested in it by law:
(c) that the instalments fixed under sub-section (3) of section 11 are inequitable; but, subject to the orders of the District Court on such application and further subject to the provisions of section 18, the order of the Debt Relief Court shall be final.
Explanation. For the purposes of this section [and section 18, 18A and 19]
[Inserted and shall be deemed to have been inserted with effect from 13.10.1961 vide sections 12 and 13.]
, the District court shall be deemed to be the Court of the District Judge within whose civil jurisdiction, the Debt Relief Court is situate.
### 18. Review.
A Debt Relief Court, or the District Court which has passed any order under section 17, may either on its own motion at any time or on an application from any person interested made within sixty days of the passing of any order, review the order so passed and pass any other order in reference thereto, as it thinks fit:
Provided that no order once passed shall be varied or reversed unless notice has been given to the persons interested to appear and be heared in support thereof.
### 18A. [ Transfer of proceedings.
On the application of any aggrieved person or on its own motion, the District Court may, at any stage of the proceedings, transfer any application for the determination of debts pending before a Debt Relief Court to another Debt Relief Court]
[Inserted and shall be deemed to have inserted w.e.f. 13.10.1961 vide sections 12 and 13 respectively of Rajasthan Act No. 9 of 1962 (Published in Rajasthan Gazette, Part IV-A, Ex.-ord., dated 23.4.1962.]
.
### 19. Application of Civil Court procedure in District Court.
The District Court, in regard to proceedings under this Act shall, so far as is practicable and subject to the provision of this Act have the same powers and shall follow the same procedure as it would have and follow under the Code of Civil Procedure, 1908 (Central Act V 1908).
### 20. Payment of Court Fees by creditors in Proceedings under the Act.
(1) The credit or shall be liable to pay one fifth of such court fee upon the amount determined as due under section 10, as he would be liable to pay upon a plaint filed for the recovery of that sum, and no further proceedings shall be taken under this Act until the sum due has been paid :
Provided that no court fees shall be payable if court fees have already been paid in respect of a debt.
(2) If such court fees are not paid within such time as the Debt Relief Court considers to be reasonable in each case, it may declare his claim to be discharged for all purposes and all occasions.
(3) when such court fees have been paid, the Debt Relief Court shall tax the amount thereof as costs in the decree prepared under sub-section (4) of section 11 and the amount so taxed shall be payable by the debtor in such annual instalments, in addition to the instalments fixed under sub-section (3) of section 11, as the Debt Relief Court may direct.
### 21. Bar against jurisdiction of courts in certain matter.
(1) Subject to the provisions of sections 17 to 19, the jurisdiction of the Civil Courts and the insolvency courts shall be barred in respect of
(a) any matter pending before a Debt Relief Court:
(b) the claim for any debt which has been discharged or deemed to have been discharged under section 8:
(c) the recovery of any debt, the recovery of which is included in any scheme under sub-section (1) of section (11) for the time being in force and any order of a Debt Relief Court under sub-section (2) & (3) of that section or under section 20, and
(d) any order of a Collector under section 13.
(2) Nothing herein contained shall prevent a court which has stayed proceedings under the provisions of this Act from resuming them and passing such orders in regard to them as are not inconsistent with this Act.
### 22. Limitation.
In calculating the period of limitation for any suit filed in, or proceedings before, a Civil Court for the recovery of a debt which was the subject of any proceedings under this Act, the time during which such proceedings had continued, shall be excluded.
### 23. Power to make rules.
The State Government may, by notification in the Official Gazette, make rules
(a) regarding any matter which is required to be or may be prescribed under this Act:
(b) prescribing the manner in which notices shall be issued, served and published under this Act:
(c) prescribing the records to be kept and the returns to be made by a Debt Relief Court:
(d) prescribing the jurisdiction of Debt Relief Courts:
(e) determining the paying capacity of a debtor;
(f) generally for carrying into effect the purposes of this Act.
### 24. Repeal.
(1) The enactments specified in the schedule to this Act and all laws amending the same shall stand repealed on the date this Act comes into force.
(2) Such repeal shall not effect any proceedings pending on the date of the commencement of this Act under any law so repealed before any court, board, tribunal or authority and all such proceedings shall continue and be heard and determined by the Debt Relief Court in accordance with such law as if this Act had not been passed.
### 25. General clauses Act to apply.
- The Rajasthan General Clause Act, 1955, (Rajasthan Act
8 of 1955
) in force in the pre-reorganisation State of Rajasthan shall, as far as may be, apply mutatis mutandis to this Act.
The Schedule
(See section 24)
### 1. The Marwar Relief of Indebtedness Act, 1941. ###
2. The Marwar Agriculturists Relief Act, 1942.
### 3. The Bundi Agriculturists Relief Act. ###
4. The Agricultural Relief Rules of the former Sirohi State.
### 5. The Bombay Agricultural Debtors Relief Act, 1947, in so far as it applies to the abu area and in so far as it extends to the Ajmer area. ###
6. The Madhya Bharat Agricultural Debtors Relief Act, 1956, in so far as it applies to the sunel area.
### 7. All laws dealing with or providing for the relief of agriculturists from indebtedness in force in any part of the State. Notifications
No. F 1(168) Rev. D/57 dated Dec. 18, 1957. In exercise of the powers conferred by sub-section (3) of section 1 of the Rajasthan Relief of agricultural Indebtedness Act.
I. Come into force on the 15th day of May, 1958 vide Rev. Deptt. Notification No. F.1(1681) Rev./D/57 (Published in Rajasthan Gazette, Part IV-C, Ex.-Ord., dated 2.5.1957). 1957 (Rajasthan Act
28 of 1957
) the State Government does hereby appoint the IS the day of February. 1958 as the date on which the said Act shall come into force.
[Published in Rajasthan Gazette Ex.-Ord., Part IV-C, dt. 16.1.1958 P. 919.]
No. F. 1(1681) Rev. 1)157 dated February 11, 1958. In exercise of the powers conferred by sub-section (3) of section 1 of the Rajasthan Relief of agricultural Indebtedness Act. 1957 (Rajasthan Act
28 of 1957
), read with section 23 of the Rajasthan General Clauses Act 1955 (Rajasthan Act
No. 8 of 1955
), The State Government is hereby pleased to rescind the Notification bearing even number, dated the 18th December, 1957. whereby the 15th February, 1958, was appointed as the date on which the aforesaid Act shall come into the force.
[Published in Rajasthan Gazette Part IV-C dated 6.2.1958 at page 965].
No. F. 1(681) Rev. 1)/57. dated May 2, 1958. In exercise of the powers conferred by sub-section (3) of section 1 of the Rajastahn Relief of Agricultural Indebtedness Act. 1957 (Rajasthan Act
28 of 1957
) the State Government does hereby appoint the 15th day of May, 1958, as the date on which the said Act shall come into force.
[Published in Rajasthan Gazette Ex.-Ord., Part IV-C, Dated 2.5.1958 at page 37.]
Notification No. F 7 (80) Rev./D/61 Dated 31.3.1962. In exercise of the powers conferred by section 2A of the Rajasthan Relief of Agricultural Indebtedness Act, 1957 (Rajasthan Act
No. 28 of 1957
) the State Government hereby appoint the first day of April 1962 as the date from which the provisions of the said Act, shall apply to all members of the Scheduled Castes and the Scheduled Tribes, wherever residing in the State of Rajasthan in the Same manner as they apply to the agriculturists.
|
65b99ca5ab84c7eca86e973a | acts |
State of Haryana - Act
------------------------
The Punjab Motor Vehicles Taxation Rules, 1925
------------------------------------------------
HARYANA
India
The Punjab Motor Vehicles Taxation Rules, 1925
================================================
Rule THE-PUNJAB-MOTOR-VEHICLES-TAXATION-RULES-1925 of 1925
------------------------------------------------------------
* Published on 18 March 1925
* Commenced on 18 March 1925
The Punjab Motor Vehicles Taxation Rules, 1925
Published vide Punjab Government Notification No.7083 dated 18-3-1925
### 1. (a) These rules may be called the Punjab Motor Vehicles Taxation Rules, 1925.
(b) They shall come into force on the first day of April, 1925.
### 2. In these rules -
(a) "the Act" means the Punjab Motor Vehicles Taxation Act, 1924;
(b) "section" means a section of the Act; and
(c) "article" means an article in [the Schedule to the Act]
[Schedule omitted by Punjab Act No. XIV of 1954.]
### 3. [ - ]
[Deleted vide Punjab Government notification No. 1817.4.39/39536 and 39537, dated 24th November, 1939.]
[3A. Lumpsum one-time tax on two wheelers. - (1) The rate of lumpsum one-time tax on two wheeler motor-vehicles, i.e. moped used for personal purposes having unladen weight not exceeding 90.72 kilograms, shall be one hundred fifty rupees and on other two wheeler motor vehicles, i.e., motor cycle or scooter having unladen weight exceeding 90.72 kilograms, it shall be five hundred rupees which shall be payable at the time of registration :
Provided that for two wheeler motor-vehicles registered before the commencement of these rules, it shall be optional for the person who keeps the motor-vehicle for use either to pay the tax in instalments as specified in section 3, or to pay the same in lumpsum as one-time tax as hereunder specified]
[Inserted vide Haryana Government Notification No. S.O.49/P.A.4/24/S.15/93 dated 30.6.1993.]
:-
| | | | |
| --- | --- | --- | --- |
|
Serial No.
|
Duration of use of motor vehicle since the date of
registration
|
Rate tax on of motor-vehicles having unladen weight not
exceeding 90.72 kilograms (moped) |
Rate of tax on other two wheeler motor- vehicles having
unladen weight exceeding 90.72 kilograms (motor cycle/scooter)
|
|
1
|
2
|
3
|
4
|
|
|
|
Rs.
|
Rs.
|
|
1
|
Less than 1 year (i.e. where token tax has been paid for full
one year)
|
150
|
500
|
|
2
|
1 year or more but less than 3 years (i.e. where token tax has
been paid for 2 or 3 years)
|
120
|
400
|
|
3
|
3 years or more but less than 6 years (i.e. where token tax
has been paid for 4, 5 or 6 years)
|
90
|
300
|
|
4
|
6 years or more (i.e. where token tax has been paid for 7
years or more)
|
60
|
200
|
(2) The rate of lumpsum one-time tax on a two wheeler motor-vehicles used for drawing a tailor, aside car, shall be rupees one hundred in addition to the amount of one-time tax at the time of registration.
(3) The rate of lumpsum one-time tax on a two wheeler motor vehicle adapted and used solely by or for a person suffering from any infirmity shall be thirty-five rupees payable at the time of registration of vehicle;
Provided that motor-vehicle registered before the commencement of these rules, it shall be optional for the person who keeps the motor-vehicle for use either to pay the tax in instalments as specified in section 3, or to pay the tax in lumpsum as hereunder specified :-
| | | |
| --- | --- | --- |
|
Serial No.
|
Duration of use of motor-vehicle since the date of
registration
|
Rate of one-time tax
|
|
1
|
2
|
3
|
|
|
|
Rs.
|
|
1
|
Less than 1 year (i.e. where token tax has been paid for full
1 year)
|
.. 35
|
|
2
|
1 year or more but less than 3 years (i.e. where token tax
has been paid for 2 or 3 years)
|
.. 28
|
|
3
|
3 years or more but less than 6 years (i.e. where token tax
has been paid for 4, 5 or 6 years)
|
.. 21
|
|
4
|
6 years or more (i.e. where token tax has been paid for 7
years or more)
|
.. 14
|
(4) The rate of lumpsum one-time tax on a car used for personal purposes shall be payable at the time of registration of car as follows :-
| | | |
| --- | --- | --- |
|
(a) |
Having seating capacity of 4 persons
|
Rs. 1,500
|
|
(b) |
For every additional seat
|
Rs. 400
|
Provided that car registered before the commencement of these rules, it shall be optional for the person who keeps the car for use either to pay the tax in instalments as specified in section 3, or to pay the tax in lumpsum as hereunder specified :
| | | | |
| --- | --- | --- | --- |
|
Serial No.
|
Duration of use of Car since the date of registration
|
Car having upto four seats
|
For every additional seat
|
|
1
|
2
|
3
|
4
|
|
|
|
Rs.
|
Rs.
|
|
1
|
Less than 1 year (i.e. where token tax has been paid for full
1 year)
|
1500
|
400
|
|
2
|
1 year or more but less than 3 years (i.e. where token tax has
been paid for 2 or 3 years)
|
1200
|
320
|
|
3
|
3 years or more but less than 6 years (i.e. where token tax
has been paid for 4, 5 or 6 years)
|
900
|
260
|
|
4
|
6 years or more (i.e. where token tax has been paid for 7
years or more)
|
600
|
160]
|
### 4. Under sub-section (1) of section 4 every person who keeps a motor- vehicle for use shall fill up and sign declaration in Form I. The form may be send by registered post, or may be presented in person or by an agent to the Licensing Officer.
### 5. Any person, who having delivered a declaration becomes liable to a further tax by reason of his keeping a greater number of motor-vehicles for use than he has stated in the declaration, or by reason of any change in the character of any motor vehicle kept by him for use shall fill up, sign and deliver an additional declaration under section 5 in Form I.
### 6. The Licensing Officer, on receiving information that any person keeps a motor vehicle for use, may require him to sign, fill up and deliver the form of declaration and may serve upon him at once a special notice in Form II. This notice may be sent to the person by post or may be served upon him in person or [if service cannot be made upon him in person] upon any adult male member or servant of his family. If the notice cannot be served in the manner aforesaid, it may be served by affixing it to some conspicuous part of his place of residence or business, or in such manner as the Licensing Officer may think fit.
### 7. Forms of declaration can be obtained from the Licensing Officer.
### 8. Under sub-section (1) of the section 13 of the Act, [-]
[The words 'the State Government is pleased to declare that' omitted by Punjab Government Notification No. G.S.R. 13/P.A. 4/24/S. 13 & 15/Amd. (3) /66, dated the 5th January, 1966.]
persons who keep for use motor vehicles of the following classes are exempt from liability to pay the tax in respect of such motor vehicles to the extent specified below:
(i) Motor vehicles owned and kept for use by departments of the Central or [State]
[Substituted by Adoption of Laws Order 1950.]
Government - Total exemption; [Provided that this exemption shall not apply to motor vehicles belonging to the Central Government's (Railways) or [Haryana Roadways]
[Proviso added by Punjab Government Notification No. 420 HT 46/23857, dated the 14th June, 1946.]
the State Government operating for a commercial purpose];
(ii) Motor vehicles owned and kept for use by any local authority situated within the Punjab - Total exemption:
(iii) Motor Vehicles owned by the manager of a school and kept for the sole use of conveying pupils to and from a school, [affiliated to any State/Central Education Board imparting education upto the standard of 10+2 or its equivalent]
[Inserted by Haryana Notification No. S.O. 45/P.A. IV/1924/S.15/2005. Dated 27.6.2005.]
- Total exemption;
[Provided that the educational institution does not charge fare in excess of the fare, as fixed by the competent authority under Clause (i) of sub-section (1) of Section 67 of the Motor-Vehicles Act, 1988 (Act 59 of 1988), to be charged for travelling by a stage carriage reduced by the amount of passenger tax, if any included therein].
[Proviso added by Haryana Notification No. S.O. 45/P.A. IV/1924/S.15/2005. Dated 27.6.2005.]
(iv) Motor Vehicles classed as ambulances owned by the authorities of a hospital and kept for the sole use of conveying patients to and from the hospital. - Total exemption;
(v) Motor Vehicles temporary brought into the Punjab and kept for use therein for a period not exceeding thirty days. - Total exemption:
Provided that this exemption shall not apply to transport vehicles registered in the Uttar Pradesh.
[Provided further that this exemption shall not apply to transport vehicles registered in another [State]
[Second proviso to sub-rule (v) added by Punjab Government Notification No. 5892 h 38/3114, dated the 24th January, 1939.]
which normally operate on a route which lies party in that [State]
[Adaptation of Law of 1950.]
and partly in this State unless specially exempted by the Government.
(vi) Motor Vehicles imported under a Triptyque or Carnet de Passage and temporarily brought into the Punjab. - Total exemption for the first thirty days of their stay in the Punjab.
Note. (1) - By this clause motor vehicles imported under a tripyque or Carnet de, Passage are exempted for the first thirty days of their stay in the [State]
[Substituted vide adaptation of Law of 1950.]
, irrespective of the total length of their stay. In the case of other motor vehicles brought temporarily into the [State]
[Substituted vide adaptation of Law of 1950.]
no exemption at all is claimable if the period of the stay exceeds thirty days.
Note. (2) . - A motor vehicles under a Triptyque or Carnet de Passage and kept in the [State]
[Substituted vide adaptation of Law of 1950.]
for a period exceeding thirty days shall be charged, for the quarter in which the thirty first day of the vehicle's stay falls, not the full tax for the quarter but a proportionate fraction of that tax if the stay is thereafter protracted into another quarter, the full tax for that quarter shall be leviable.
(vii) Motor Vehicles exempted under the Auxiliary Force Act, 1920, the Indian Territorial Force Act, 1920, or any other law for the time being in force. - Total exemption.
(viii) Motor vehicles kept exclusively for use as hearses. - Total exemption.
(ix) [ Motor vehicles purchased to replace those transferred to the Defence Department. Full exemption for the quarter during which the vehicle is registered and in respect of the next following quarter exemption to the extent of the fee paid for registration of the vehicle, provided the new vehicle is purchased within twelve months of the transfer of the original vehicle to the Defence Department.]
[Added by Punjab Government Notification No. 2408 HG 41/5534, dated the 28th October, 1941.]
(x) Vehicles used on the authority of a trade certificate and for one of the purposes mentioned in rule 3.27 of the Punjab Motor Vehicles Rules, 1940. - Total exemption.
(xi) [ Motor vehicles other than transport vehicles brought permanently into the Punjab - Total exemption for the quarter during which any such vehicle is so imported provided that if has been taxed for the same quarter in any other [State in India]
[Added by Punjab Government Notification No. 181 H 47/19563, dated the 14th March, 1947.]
.
(xii) [ Motor vehicles of a foreign country operating under sub section (1-A) of section 92 of the Motor Vehicles Act, 1939. - Total exemption, provided a provision for such exemption is made by the Central Government in the relevant reciprocal agreement with such foreign country.]
[Added by Punjab Government Notification No. G.S.R. 96/P A. 4/24/S. 15/ Amd. (4) /65, dated the 3rd May, 1965.]
A person other than a department of the Central or [State]
[Substituted by Adaptation of Laws Order, 1950.]
Government who is wholly exempt from liability to pay the tax under this rule must nevertheless fill in and deliver the form of declaration and obtain a licence unless he is exempt under clause (v) of this rule.
### 8A. No person shall be entitled to exemption under clause (v) of the last preceding rule unless he has paid tax to the Government of another [State]
[Substituted by Adaptation of Laws Order, 1950.]
for the period for which exemption as claimed.
[Provided that if the vehicle in respect of which exemption is claimed belongs to a person who ordinarily resides in an area, where no taxes are levied on motor vehicles, and is normally kept for use in such area, the owner may claim the said exemption on establishing these facts.]
[Substituted by Punjab Government Notification No. 824 H 39/7809, dated the 28th February, 1939.]
### 8B. [(i) Subject to the conditions hereinafter prescribed, any person keeping a Motor Vehicle other than a vehicle let or plied for hire is exempted from liability to pay the tax for any quarter in which the vehicle is used for a period not exceeding seven days.)]
[Substituted by Punjab Government Notification No. G.S.R. 13/P.A. 4/24/S. 13 and 15/Amd. (3) /66, dated the 5th January, 1966.]
(ii) No person shall be entitled to claim exemption under this rule unless the following conditions are fulfilled :-
(a) Before taking the vehicles into use, the person shall obtain from the Licensing Officer or a motor dealer or association specially authorised in this respect by the [State]
[Substituted by Adaptation of Laws Order, 1950.]
Government;
Special short-term Licence in Form IV paying, therefore, a fee, equal to one- fifth of the tax which would have been payable on the vehicle for the quarter or to five rupees whichever is greater.
(b) The Special shoort-term licence obtained under the last preceding clause shall be exhibited on the windscreen, or if a windscreen is not fitted on some other prominent part of the vehicle during the whole period of its validity and throughout the remainder of the quarter for which exemption is claimed.
(c) The [State]
[Substituted by Adaption of Laws Order, 1950.]
Government may authorise any firm of motor dealers or association of persons using motor vehicles; appointed to be a special Registering Authority under the Provisions of sub-rule (2) of the rule 3.15 of the Punjab Motor Vehicles Rules, 1940; to issue short-term licences under clause (a) above and may impose conditions on such authorisation. An authorisation issued under this clause may be withdrawn at any time.
(iii) If a person who has obtained a Special Short-term Licence under sub rule (ii) desires to keep the vehicle is use for a longer period and pays the full tax for the quarter; he shall be entitled to obtain a refund of the fee paid for the Special short-term licence, provided that payment of the tax for the quarter is made before the expiry of the term of the Special Short-term Licence.
[8C. If a person becomes liable to pay a quarterly instalment of tax but proves to the satisfaction of the Licensing Officer that he has neither used nor permitted the use of the motor vehicle during the quarterly period preceding shall be entitled to receive an order in writing from the Licensing Officer exempting him from liability to pay the instalment of tax relating to that quarter and the licensing officer shall make an endorsement to that effect on the Licence. In calculating the period during which the Motor Vehicle was not used regard shall be had only to complete quarter during which it was not used and shorter periods shall be excluded. In the same manner where a newly registered vehicle is brought on the road during any part of taxation quarter the tax shall be charged for the whole quarter irrespective of the quarter for which the vehicle is used]
[Substituted by Punjab Government Notification No. 869(5) 805 (Ch.) T 57/13802, dated the 20th February, 1957.]
.
### 9. Under sub-section (2) of section 13 any person who becomes liable to pay a quarterly instalment of tax, but proves to satisfaction of the Licensing Officer that he has not used or permitted the use of the motor vehicle throughout the preceding quarterly period, as defined in sub-section (1) of section 3, is entitled to exemption from liability to pay that quarterly instalment.
### 10. Any person making a claim to exemption under sub-section (2) of section 13 or under rule 8 or rule 9 shall support his claim to exemption by such proof or in such manner as the Licensing Officer may in each case direct:
[Provided that no person shall be entitled to an exemption under sub-section (2) of section 13 or rule 9, unless such person deposits the registration certificate with the Licensing Officer and also sends an advance intimation to that Officer of his intention not to use the vehicle during the quarter in respect of which exemption is claimed]
[Proviso added by Punjab Government Notification No. 4940 (S) 5276 (Ch.) T/ 57/56106, dated the 22nd June, 1957.]
.
### 11. Under sub-section (3) of section 13 whoever becomes liable to pay a quarterly instalment of tax but proves that he has paid a municipal tax in respect of the same motor vehicle, and for the whole or part of the quarter for which the instalment of tax is due may claim deduction to the extent or half the amount municipal tax of the same period. Such claim must be supported by a receipt for a licensing or other document signed by a competent officer of the municipal committee, showing that such municipal tax has been paid for such period.
### 11A. A person who had paid a quarterly instalment of tax in respect of a motor vehicle, but afterwards proves to the satisfaction of the Licensing Officer, under section 13 of the Act, that he is not liable to the payment of that instalment of tax or part thereof on account of any of the exemptions or deductions provided for in the Act or rules, is entitled to claim refund of the tax already paid to the extent admissible under the Act or the rules made thereunder. Claims for refund for tax paid to a local body must be supported by a receipt or a licence other documents signed by competent officer of that local body showing that such tax has been paid for such a period.
### 12. Whenever an exemption or deduction or refund is claimed by licence and him claim is admitted, the Licensing Officer shall make the necessary entry certifying the exemption or deduction or refund in the remarks column of the licence.
### 13. When a person purchases or keeps for use a motor vehicle in respect of which a licence has already been issued he shall produce the licence referred to in rule 18 before the Licensing Officer. The Licensing Officer shall then cancel the licence and deliver to the applicant a fresh licence in his own name, in which he shall enter as paid those instalments of the tax which were entered as paid on the former licence.
### 14. In the event of a licencee losing his licence, on an application being made to the Licensing Officer a duplicate licence may be issued on the payment of a fee of [twenty-five paise]
[Substituted by Punjab Government Notification No. G.S.R. 13/P A. 4/24/S. 13&15/Amd. (3) /66, dated the 5th January, 1966.]
.
### 15. The assessment of motor vehicles described in articles 1, 2 and 3 depends on the weight unladen of the vehicle. The assessee must state this weight in his declaration form the Licensing Officer may accept the statement or may in his discretion demand from the applicant proof that the declaration of weight unladen is correct. In the absence of such proof the Licensing Officer shall decide the weight of the unladen motor vehicle and shall assess the tax accordingly.
[16. The assessment of vehicle described in articles 4, 5 and 6 depends on the number of persons that can be seated in a vehicle. In the case of vehicles having a seating capacity for four or six persons the Licensing Officer shall check the applicant's declaration from his judgement as to the seating capacity of the vehicles, bearing in mind that vehicles of the kind known as four to six seaters are to be classed as five seaters.]
[Substituted vide Punjab Government Notification No. GSR 13/P/4/24/S/13 & 15/Amd. (3) 66 dated 15.1.1966.]
### 17. For the purpose of assessment, the Licensing Officer may require an applicant for a licence to produce his car before him for his inspection.
### 18. As soon as an applicant for a licence has filed the declaration the Licensing Officer shall inform him (by letter) of the assessment on his motor vehicle; and the applicant shall, as prescribed, in the Act, pay the first quarterly instalment of the tax into the treasury (or in judicial stamps or by money order). The licensing Officer, on the production of the challan, shall deliver the licence, which shall be in Form III, to the applicant.
### 19. Any police officer on duty may order a motor vehicle to stop and examine it to as certain whether a licence therefor has been obtained. Should he discover that it has not been licenced, he shall take the name and the register number of the vehicle and the name of the owner, and report the same without delay to the Licensing Officer for such action as he considers necessary. No such action shall be taken by a police officer until the first day of May, 1925.
### 20. Before imposing a penalty under sections 8 and 9, the Licensing Officer shall call upon the person concerned to show cause why the penalty should not be imposed. He shall record a brief memorandum of the facts of the case and the instalment (if any) of the person concerned, and a finding with a brief statement of his reason for that finding.
### 21. Under section 12 any person aggrieved by any order relating to the assessment imposition of recovery of tax or penalty may, within a period of thirty days from the date of such order, appeal from such order. The appeal shall be made in writing to the officer to whom an appeal lies under section 12, stating the grounds on which the appellant disputes the order. The officer hearing the appeal may in his discretion -
(a) dismiss the appeal summarily; or
(b) call on the Licensing Officer for a report, and after considering such report and such arguments as may be put forward on behalf of the appellant may confirm modify or set aside the order.
### 22. When a person pays an instalment of tax or satisfies a Licensing Officer that he is entitled to exemption from the payment of tax, the Licensing Officer shall issue a token in Form V to such person and shall enter in the token the amount paid or the word 'Exempt' as the case may be.
### 23. (1) No person shall drive or cause to be driven any motor vehicle unless a valid token is displayed thereon in the manner hereinafter prescribed.
(2) In the case of motor cycles not having more than two wheels (whether with or without a side car) the token shall be affixed to the plate bearing the from registration mark so as to face towards the left-band side of the motor cycle, and in the case of any other motor vehicle it shall be affixed to the bottom-left hand corner of the windscreen facing forwards or if the vehicle is not fitted with a windscreen then in some other conspicuous place on the left hand side of the vehicle.
(3) Nothing in sub-rule (1) of this rule shall apply in the case of a vehicle owned or kept for use by any department of the Central Government other than a vehicle used in connection with the business of [a Railway]
[Substituted by Adaptation of Laws Order, 1950.]
or which is for the time being exempt from liability to pay tax under clause (v) , (vi) or (viii) in sub-rule (1) of rule 8 or under rule 8-B or which has not been kept for use by the owner for more than thirty days.
### 24. (1) Any holder of a token which has been lost, destroyed, defaced or torn may apply to the Licensing Officer for the issue of a duplicate token, and the Licensing Officer shall, if he is satisfied after making enquiries that a duplicate may issue a duplicate token.
(2) A duplicate token shall be in Form V with the words "Duplicate" in bold red letters written or stamped across it.
(3) The fee for the issue of a duplicate token shall be [twenty-five paise]
[Substituted by Punjab Government Notification No. G.S.R. 13/P.A. 4024/S. 13 and 15/Amd. (3) 66, dated the 5th January, 1966.]
.
### 25. Whoever contravenes the provisions of rule 3 shall be punishable with fine which may extend to twenty rupees, and in the event of any subsequent conviction for the same offence with a fine which may extend to a hundred rupees.
Form I
Form of Declaration
Section 4(1) of the Punjab Motor Vehicles Taxation Act, 1924, and Rule 4 of the Punjab Motor Vehicles Taxation Rules, 1925.
### 1. Name, father's name and full address........... ###
2. (a) Class of Vehicle.............
(b) Type of body ................
(c) Engine No. ..................
(d) Chasis No.....................
### 3. (a) Year of manufacture .............. (b)
Make...............
(c) Horse-power and number of cylinders................
(d) Model or series....................
### 4. No. and size of types on each axle (in the case of transport vehicles only) :- ###
5. (a) Weight unladen.................
(b) Registered seating capacity..........
(c) Registered laden weight (in the case of transport vehicles only)
### 6. Date of commencing to keep the motor vehicles for use ................................. I hereby declare that the above particular are true.
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Date......................
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(Signature) |
Certified that the above particulars are correct
(Signature of officer inspecting the vehicles).
Date................
The vehicles has been assessed under Entry........of the Tax Schedule at the Rate of Rs................ per annum.
Licensing Officer,
...............District.
Date.............
Note (1) - A separate declaration form must be completed for each vehicle.
Note (2) - The entry to be made against side-head 2(b) in the declaration form should describe the type of body in one or other of following categories:-
Two seater open
Two seater closed.
Tourer
Saloon (including various types of convertible bodies).
Van.
Bus type, with removable seats.
Bus type, with fixed seats.
Truck.
Form II
Notice
Under Section 6 of the Punjab Motor Vehicles Taxation Act, 1924
To.........................Address...............
Take notice that you are hereby required to fill up, sign and deliver to the undersigned the form of declaration enclosed in respect of every motor vehicle kept by you for use, and to pay the tax due on every such vehicle before the expiration of 14 days from the date of service of notice.
Failure to deliver the declaration or to pay the tax involves a penalty under section 8 and 9 of the Punjab Motor Vehicles Taxation Act, 1924.
Signature of Licensing Officer.
Form III
Licence
(Under section 7 of the Punjab Motor Vehicles Taxation Act, 1924 and rule 18 of the Punjab Motor Vehicles Taxation Rules, 1925)
Whereas..........................has paid the taxes entered on the reverse he is permitted to keep for the use motor vehicle No.................within the limits of the Punjab upto the 31st March, 19
Licensing Officer,Date.\_\_\_\_\_\_\_\_\_\_District \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Renewed for the year ending the 31 March, 19.............
### 19. ........... 19............
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Transfer of Records
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The records pertaining to the vehicle have been transferred to the
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............District
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............District
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............District
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............District
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[The reverse of Form III]
Instalment of Tax
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Year
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Quarter
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Amount of tax paid or in the case of an exemption the reason
therefore
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District in which payment made
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Initials of Licensing Officer and remarks
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1st
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2nd
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19
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3rd
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19
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4th
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1st
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2nd
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19
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3rd
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19
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4th
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Form IV
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| --- | --- | --- |
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Counterfoil
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Special Short Term Licence
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(Under Rule 8-B of the Punjab Motor Vehicles Taxation Rules,
1925.)
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Book No.
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No.
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Fee paid Rs.
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Fee paid Rs.
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Name of Licence
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Book No.
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Place
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Father's name
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Caste
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No.
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Date
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Address,
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Certified that
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------------------
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Description and registered No. of
motor vehicle.......................
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Owner of motor vehicle No.,
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Valid from
days
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(date) |
has paid Rs.
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being the tax for seven
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to
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(date) |
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from
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to
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inclusive.
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Licensing Officer
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District.
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Licensing Officer,
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(Date) |
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Dated
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District.
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Form V
(Rule 22 of the Punjab Motor Vehicles Taxation Rules, 1925)
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Counterfoil
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PUNJAB
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Quarter
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TAX TOKEN
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Token No.
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Book No.
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No.
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Book No.
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Registration No. of vehicle
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Year
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Name of owner
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Name of owner
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Class of vehicle for taxation purpose
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Registration No.
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Amount of tax paid
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Amount paid
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Date of payment
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Issuing Officer
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Remarks
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-------------------
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-----------------
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District.
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(Signature of Issuing Officer)
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Checked and entered in Taxation Register.
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Licensing Officer
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Note - The token will be over-printed with the figure 1, 2, 3 or 4, being the number of the quarter which it relates.
Notifications
The 23rd February, 2001
No. 2/46/90-4T(2) /2888. - In modification of the Government of Punjab, Department of Transport, Notification No. 2/46/90-4T/(2)15317, dated 28th November, 2000, and in exercise of the powers conferred by Section 3F of the Punjab Motor Vehicles Taxat on Act, 1924, and all other powers enabling him in this behalf, the Governor of Punjab is pleased to specify with effect from Ist March, 2001, the rates of Special Road Tax to be levied in respect of Stage Carriage Buses as per amendment given below:-
AMENDMENT
In the said notification Schedule in Stage Carriage 1 (e) shall be substituted as under:-
### 1. (e) Air-conditioned buses 14.38
For all other categories the rate of Special Road Tax shall be heretofore.
--------
Haryana Government, Transport Department, Notification, dated 17th March, 2004
No. S.O. 30/P.A. 4/1924/S. 3/2004. - In exercise of the powers conferred by sub-section (1) of Section 3 of the Punjab Motor-Vehicles Taxation Act, 1924 (Punjab Act IV of 1924), and all other powers enabling him in this behalf, the Governor of Haryana hereby makes the following amendment in the erstwhile Punjab Government, Transport Department, Notification No. 4546/T, dated the 13th July, 1954, in its application to the State of Haryana, namely :-
In the said notification, in the Schedule, in the existing article No. 5, after clause (iii) , and entries there against, the following clause and entries there against shall be inserted, namely :-
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| --- | --- | --- |
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"(iv) A stage carriage or contract carriage plying under
a permit issued under Faridabad and Gurgaon City Private Bus
Service Scheme, 2004
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Rs. 18,000/- for a half-body bus per annum; and Rs. 30,000/-
for a full-body bus per annum.
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Note :- For the purpose of this clause "full-body bus" means an omnibus whose capacity shall be, with ordinary 3 x 2 seating arrangement, to carry more than 35 but not more than 54 persons, and with luxury 2 x 2 seating arrangement to carry more than 12 but not more than 35 persons excluding the driver; and "half-body bus" means an omnibus, which is not a maxi cab, and not a full-body bus.".
|
65bab061ab84c7eca86ec586 | acts |
State of Gujarat - Act
------------------------
The Tolls on Roads and Bridges Act, 1875
------------------------------------------
GUJARAT
India
The Tolls on Roads and Bridges Act, 1875
==========================================
Act 3 of 1875
---------------
* Published on 28 December 1875
* Commenced on 28 December 1875
The Tolls on Roads and Bridges Act, 1875
Bombay Act
No. 3 of 1875
[Dated 28th December 1875]
For Statement of Objects and Reasons, see Bombay Government Gazette, 1875, Part V. p. 92, and for Proceedings in Council, see Bombay Government Gazette, pp. 104 and 108.
The short Title was given by the Bombay Short titles Act, 1921 (Bombay 2 of 1921).
No tolls leviable under this Act are to be levied within any local area notified under the Bombay Highway Act, 1883 (Bombay 1 of 1883), 5. 7.
The net proceeds of certain tolls levied under this Act are to be credited to the Local Fund constituted by the Bombay Local Boards Act, 1923 (Bombay 6 of 1923), section 74.
For Statement of Objects and Reasons, see Bombay Government Gazette, 1875, Part V. p. 92, and for Proceedings in Council, see Bombay Government Gazette, pp. 104 and 108.
The short title was given by the Bombay Short Titles Act, 1921 (Bombay 2 of 1921).
No tolls leviable under this Act are to be levied within any local area notified under the Bombay Highway Act, 1883 (Bombay 1 of 1883), 5. 7.
The net proceeds of certain tolls levied under this Act are to be credited to the Local Fund constituted by the Bombay Local Boards Act, 1923 (Bombay 6 of 1923), section 74.
An Act for enabling Government to levy tolls on public roads and bridges in the Presidency of Bombay.
Preamble. - Whereas tolls have been levied in the Presidency of Bombay in accordance with [Act XV of 1864]
[The Indian Tolls Act, 1864, Central Acts.]
since the thirtieth day of July, 1864, but doubts have arisen whether the said Act has been formally extended to the said Presidency; and whereas it is expedient to remove the said doubts and to consolidate in one Act the provisions for the levy of tolls upon public roads and bridges in the said Presidency; It is enacted as follows:-
### 1. Repeal of Act VIII of 1851.
- [Act VIII of 1851]
[The Indian Tolls Act, 1851, Central Acts.]
is hereby repealed insofar as it affects the Presidency of Bombay.
### 2. [Act XV of 1864 deemed to have been extended to Bombay Presidency from 30th July, 1864]. Rep. Act XVI of 1895.
### 3. Rates of tolls to be levied.
- The [Provincial Government]
[The words 'Provincial Government 'were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.]
may cause such rates of tolls, not exceeding the rates mentioned in the Schedule annexed to this Act, to be levied upon any road or bridge which has been or shall hereafter be made or repaired at the expense of [the Crown]
[The words 'the Crown' were substituted for the words 'the Government', by the Adaptation of Indian Laws Order in Council.]
or from funds collected under the provisions of [Bombay Act 111 of 1869]
[See now Bombay 6 of 1923.]
or other funds levied under the authority and subject to the general control [of the Provincial Government]
[The words 'of the Provincial Government' were substituted for the words 'of Government' by the Adaptation of Indian Laws Order in Council.]
, and may place the collection of such tolls under the management of such persons as may appear to [it]
[The word 'it' was substituted for the word 'him', by the Adaptation of Indian Laws Order in Council.]
proper; and all persons employed in the management and collection of such tolls shall be liable to the same responsibilities as would belong to them if employed in the collection of the land revenue [\* \* \*]
[The words 'until such rates of tolls shall be fixed by the Governor in Council, the tolls now levied shall continue to be levied by persons under whose management the same are now collected, who shall be held to have been appointed under the provisions of this Act,' were repealed by the Amending Act, 1895 (16 of 1895).]
"Persons" defined. - [Clause 2. - The word "persons" in this section shall be deemed to include local boards established under the [Bombay Local Boards Act, 1884 ( Bombay I of 1884)]
[Clause 2 was substituted by section 77 of the Bombay Local Boards Act, 1884 (Bombay 1 of 1884), which is repealed by Bombay 6 of 1923.]
.]
### 4. Procedure in case of non-payment of tolls.
- In case of non-payment of any such toll on demand, the officers appointed to collect the same may in the first place seize any part of the burden or load of the carriage or animal on which the toll is chargeable, of sufficient, value to defray the toll, or, in the event of the burden or load being insufficient, such carriage or animal;
and, if any toll remains undischarged for twenty-four hours, with the cost arising from such seizure, the case shall be brought before the officer appointed to superintend the collection of the said toll, who may sell the property seized for discharge of the toll and all expenses occasioned by such non-payment, seizure and sale, and cause any balance that may remain to be returned on demand to the owner of the property; and the said officer on receipt of the property shall forthwith issue a notice, that at noon of the next day, exclusive of Sunday or any close holiday, he will sell the property by auction:
Provided that if, at any time before the sale has actually begun, the person whose property has been seized shall tender the amount of all the expenses incurred, and of double the toll payable by him, the said officer shall forthwith release the property seized.
### 5. Exemptions from toll Provincial Government may grant other exemptions.
- No tolls shall be paid for the passage [\* \* \* \* \*]
[The words 'of troops and military stores and equipages on their, march or' were repealed by section 3 of the Indian Tolls (Army) Act, 1901 (2 of 1901).]
of Police Officers on duty, or of any person or property in their custody. And it shall further be lawful for [the Provincial Government]
[The words 'the Provincial Government' were substituted for the words 'His Excellency the Governor in Council' by the Adaptation of Indian Laws Order in Council.]
, by notification in the [Official Gazette]
[The words 'Official Gazette' were substituted for the words 'Government Gazette', by the Adaptation of Indian Laws Order in Council.]
, to grant and define other exemptions from payment of the tolls levied under this Act.
### 6. Police Officers bound to assist toll-collectors.
- All Police Officers shall be bound to assist the toll-collectors, when required, in the execution of this Act, and for that purpose shall have the same power which they have in the exercise of their ordinary police duties.
### 7. Penalty on unauthorised person demanding tolls, and for illegal demand.
- Every person, other than the persons appointed to collect the tolls under this Act, who shall levy or demand any toll on any public road or bridge, or for passing through any bazar situated thereon, and also every person who shall unlawfully and extortionately demand or take any other or higher toll than the lawful toll, or under colour of this Act seize or sell any property, knowing such seizure or sale to be unlawful, or in any manner unlawfully extort money or any valuable thing from any person under colour of this Act, shall be liable, on conviction before a Magistrate, to imprisonment [\* \* \*]
[The words 'of either description' and the word 'calendar' were repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886), Schedule B. This Schedule has been printed as an Appendix to the Bombay General Clauses Act, 1904 (Bombay 1 of 1904).]
for any term not exceeding six [\* \* \*]
[The words 'of either description' and the word 'calendar' were repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886), Schedule B. This Schedule has been printed as an Appendix to the Bombay General Clauses Act, 1904 (Bombay 1 of 1904).]
months, or to fine not exceeding rupees two hundred, any part of which fine may be awarded by the Magistrate to the person aggrieved, but this remedy shall not be deemed to bar or affect his right to have redress by suit in the Civil Court of the district.
### 8. Table of tolls to be put up at gate or station.
- A table of the tolls authorised to be taken at any toll-gate or station, legibly written or printed in English words and figures, and also in those of the vernacular language of the district, to which shall be annexed, written or printed in like manner, a statement of the penalties for refusing to pay the tolls and for taking any unlawful toll, shall be furnished by Government to the collector of tolls, and the same shall by him be kept in a conspicuous place near such gate or station.
### 9. Collectors of tolls may compound for tolls.
- Any person entrusted with the management of the collection of tolls under this Act may in his discretion compound for any period, not exceeding one year with any person for a certain sum to be paid by such person for himself or for any vehicle or animal kept by him, in lieu of the rates of tolls specified in the Schedule to this Act.
### 10. [ Power of Provincial Government to lease the levy of tolls.
[Sections 10 and 11 were inserted by section 2 of the Tolls on Roads and Bridges Act (Amendment) Act, 1881 (Bombay 5 of 1881).]
- It shall be lawful for the [Provincial Government] to lease the levy of tolls at such rates not exceeding the rates mentioned in the Schedule annexed to this Act upon any public road or bridge by public auction or private contract from year to year or for a longer period not exceeding seven years on such terms and conditions as the [Provincial Government]
[The words 'Provincial Government' were substituted for the word 'Government' by the Adaptation of Indian Laws Order in Council.]
may deem desirable:
Provided that the lessee shall give security for the due fulfilment of such conditions, and that all sums payable under the terms and conditions of the lease shall be recoverable as a demand for the land revenue under the law for the time being in force so far as applicable.
### 11. Acts of lessee or his agent.
- When the tolls on any public road have been duly leased, the lessee, and every person employed by the lessee as his agent for collecting the tolls, shall be deemed to be persons appointed to collect tolls under this Act, and shall exercise all the powers and be subject to all the responsibilities attaching to persons appointed to collect tolls under this Act.]
### 12. [ [[Section 12 which is repealed by section 2 and schedule to the Bombay Local Boards Act, 1884 (Bombay 1 of 1884), except in the City of Bombay, is as follows:-
'The nett proceeds of the tolls and leases of tolls under this Act shall be applied wholly to the construction, repair and maintenance of roads and bridges within the Presidency of Bombay: Provided that the nett proceeds of tolls and leases of tolls on roads or bridges constructed by or belonging to any local fund committee shall be applied to the construction and maintenance of roads or bridges in the district under the superintendence of such local fund committee.']]
[Application of tolls.] Rep. Bombay I of 1884.
Schedule
----------
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| --- | --- | --- | --- | --- | --- | --- | --- |
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Rs.
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a.
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P.
|
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On every four-wheeled carriage on springs
|
...
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...
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...
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...
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1
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0
|
0
|
|
On every two-wheeled carriage on springs
|
...
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...
|
...
|
...
|
0
|
8
|
0
|
|
On every ekka or hackery or springs
|
...
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...
|
...
|
...
|
0
|
2
|
0
|
|
On every cart and hackery not on springs drawn
by 8 bullocks, buffaloes, horses, ponies, asses or mules, if
laden
|
...
|
...
|
...
|
...
|
1
|
0
|
0
|
|
Ditto, if not laden
|
...
|
...
|
...
|
...
|
0
|
8
|
0
|
|
On every cart and hackery not on springs drawn
by 6 bullocks, buffaloes, horses, ponies, asses or mules, if
laden
|
...
|
...
|
...
|
...
|
0
|
12
|
0
|
|
Ditto, if not laden
|
...
|
...
|
...
|
...
|
0
|
6
|
0
|
|
On every cart and hackery not on springs drawn
by 4 bullocks, buffaloes, horses, ponies, asses or mules, if
laden
|
...
|
...
|
...
|
...
|
0
|
8
|
0
|
|
Ditto, if not laden
|
...
|
...
|
...
|
...
|
0
|
4
|
0
|
|
On every cart and hackery not on springs drawn
by 2 bullocks, buffaloes, horses, ponies, asses or mules, if
laden
|
...
|
...
|
...
|
...
|
0
|
4
|
0
|
|
Ditto, if not laden
|
...
|
...
|
...
|
...
|
0
|
2
|
0
|
|
Buffaloes, or bullocks, per head, if laden
|
...
|
...
|
...
|
...
|
0
|
1
|
0
|
|
Ditto ditto if not laden
|
...
|
...
|
...
|
...
|
0
|
0
|
6
|
|
On every elephant
|
...
|
...
|
...
|
...
|
1
|
8
|
0
|
|
On every camel, if laden
|
...
|
...
|
...
|
...
|
0
|
4
|
0
|
|
Ditto, if not laden
|
...
|
...
|
...
|
...
|
0
|
2
|
0
|
|
On every horse, if laden or ridden
|
...
|
...
|
...
|
...
|
0
|
1
|
6
|
|
Ditto, unladen or led
|
...
|
...
|
...
|
...
|
0
|
0
|
9
|
|
On every pony or mule, if laden or ridden
|
...
|
...
|
...
|
...
|
0
|
0
|
9
|
|